Vol. 83 Monday, No. 98 May 21, 2018

Pages 23349–23574

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 98

Monday, May 21, 2018

Agriculture Department North Atlantic Ocean, Ocean City, MD, 23392–23395 NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 23414 Public Workshop on Consistent Implementation of Regulation, 23476–23477 Antitrust Division NOTICES Commerce Department Changes Under the National Cooperative Research and See Census Bureau Production Act: See International Trade Administration 3D PDF Consortium, Inc., 23485 See National Oceanic and Atmospheric Administration Cooperative Research Group on Advanced Engine Fluids, See Patent and Trademark Office 23486 International Electronics Manufacturing Initiative, 23486 Commodity Futures Trading Commission National Armaments Consortium, 23485–23486 NOTICES Army Department Privacy Act; Systems of Records, 23433–23435 NOTICES Intended Disinterment, 23438 Consumer Product Safety Commission NOTICES Bureau of Consumer Financial Protection Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Privacy Act; Systems of Records, 23435–23437 Playground Surfaces Survey, 23437–23438

Census Bureau Defense Department NOTICES See Army Department Determinations: NOTICES Current Mandatory Business Surveys, 23415–23416 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23440–23441 Civil Rights Commission Privacy Act; Systems of Records, 23438–23440 NOTICES Meetings: Education Department Oregon Advisory Committee, 23414–23415 NOTICES Coast Guard Applications for New Awards: Bipartisan Budget Act of 2018—Emergency Assistance to RULES Institutions of Higher Education Program; Correction, Drawbridge Operations: 23441 Atlantic Intracoastal Waterway, Wrightsville Beach, NC Education Research and Special Education Research and Northeast Cape Fear River, Wilmington, NC, Grant Programs, 23441–23446 23361–23362 Willamette River at Portland, OR, 23361 Safety Zones: Energy Department Chicago Harbor, Navy Pier Southeast, Chicago, IL, 23371– See Federal Energy Regulatory Commission 23372 Corpus Christi Ship Channel, Corpus Christi, TX, 23362– Environmental Protection Agency 23364 RULES Grosse Pointe War Memorial Red, White, and Blue Gala Air Quality State Implementation Plans; Approvals and Fireworks, Lake St. Clair, Grosse Pointe, MI, 23364– Promulgations: 23365 California; Bay Area Air Quality Management District; Navy Underwater Detonation Exercises, Guam, 23367– Stationary Sources; New Source Review, 23372– 23369 23374 Safety Zone; Bay-Rama Fish Fly Festival, Lake St. Clair, National Oil and Hazardous Substances Pollution New Baltimore, MI, 23369–23371 Contingency Plan; National Priorities List: St. Clair Shores Fireworks, Lake St. Clair, St. Clair Deletion of the Fulton Terminals Superfund Site, 23374– Shores, MI, 23366–23367 23378 PROPOSED RULES PROPOSED RULES Drawbridge Operations: Air Quality State Implementation Plans; Approvals and Atlantic Intracoastal Waterway, Palm Beach, FL, 23398– Promulgations: 23400 New Jersey; Infrastructure SIP Requirements for the 2012 Safety Zones: PM2.5 NAAQS; Interstate Transport Provisions, Philippine Sea, Rota, 23400–23402 23402–23407 Special Local Regulations: Tennessee: Revisions to Ambient Air Quality Standards, Choptank River, Cambridge, MD, 23395–23398 23407–23408

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National Oil and Hazardous Substances Pollution Meetings: Contingency Plan; National Priorities List: Transmission Planning Within the California Deletion of the Frontier Hard Chrome, Inc. Superfund Independent System Operator Corp.; et al v. Pacific Site, 23409–23412 Gas and Electric Co., et al, 23454 Deletion of the Fulton Terminals Superfund Site, 23408– Petitions for Declaratory Orders: 23409 KCP and L Greater Missouri Operations Co., 23457 NOTICES Records Governing Off-the-Record Communications, 23456– Agency Information Collection Activities; Proposals, 23457 Submissions, and Approvals: Requests for Waivers: Focus Groups as Used by EPA for Economics Projects, Merit Energy Company, LLC; Lambda Energy Resources, 23458–23459 LLC, 23450 Clean Air Act Operating Permit Program: Petitions for Objection to State Operating Permit for Pasadena Refining System, Pasadena Refinery, Harris Fish and Wildlife Service County, TX, 23459 NOTICES Petitions for Objection to State Operating Permit for Environmental Assessments; Availability, etc.: Yuhuang Chemical Company, Inc. Methanol Plant, St Western Travis County Public Utility Agency Raw Water James Parish Louisiana, 23457–23458 Transmission Main, Travis County, TX; Draft Habitat Environmental Assessments; Availability, etc.: Conservation Plan, 23480–23481 Deepwater Horizon Oil Spill Louisiana Trustee Implementation Group Draft Supplemental Food and Drug Administration Restoration Plan and Environmental Assessment for RULES the Elmer’s Island Access Project Modification, Final Determinations: 23460–23461 Partially Hydrogenated Oils, 23358–23359 Environmental Impact Statements; Availability, 23461 PROPOSED RULES Food Additive Petitions: Federal Aviation Administration Grocery Manufacturers Association, 23382–23392 RULES NOTICES Airworthiness Directives: Agency Information Collection Activities; Proposals, Bell Helicopter Textron Canada Limited (Bell) Submissions, and Approvals: Helicopters, 23349–23351 Investigation of Consumer Perceptions of Expressed Bombardier, Inc., Airplanes, 23351–23355 Modified Risk Claims, 23464–23466 Sikorsky Aircraft Corporation, 23355–23358 Charter Renewals: PROPOSED RULES Anesthetic and Analgesic Drug Products Advisory Establishment of Class E Airspace: Committee, 23467 Glen Ullin, ND, 23381–23382 Debarment Orders: Mary C. Holloway; Revoking a Proposed Order of Debarment, 23469–23470 Federal Communications Commission Guidance: RULES Cytomegalovirus in Transplantation: Developing Drugs Connect America Fund, ETC Annual Reports and To Treat or Prevent Disease, 23463–23464 Certifications, 23380 Documenting Electronic Data Files and Statistical Hearing Aid Compatibility Standards, 23378–23380 Analysis Programs, 23468–23469 PROPOSED RULES Report on the Feasibility of Allowing Commercial Wireless Establishing Effectiveness for Drugs Intended To Treat Services, Licensed or Unlicensed, To Use or Share Use Male Hypogonadotropic Hypogonadism Attributed to of the Frequencies Between 3.7–4.2 GHz, 23412–23413 Nonstructural Disorders, 23461–23463 Meetings: Blood Products Advisory Committee, 23466–23467 Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Health and Human Services Department Submissions, and Approvals, 23451–23452 See Food and Drug Administration Annual Change in the Producer Price Index for Finished See Health Resources and Services Administration Goods, 23450–23451 See National Institutes of Health Applications: See Substance Abuse and Mental Health Services Brookfield White Pine Hydro, LLC; Merimil Limited Administration Partnership, 23455–23456 Portland Natural Gas Transmission System, 23446–23447 Health Resources and Services Administration S.D. Warren Co., 23452–23454 NOTICES Combined Filings, 23447–23449, 23454–23455 Recruitment of Sites for Assignment of National Health Complaints: Service Corps Scholarship Program Participants, Alabama Municipal Electric Authority and Cooperative 23470–23471 Energy v. Alabama Power Co., Georgia Power Co., Gulf Power Co., Mississippi Power Co., Southern Co. Services, Inc., 23449–23450 Homeland Security Department Filings: See Coast Guard Western Area Power Administration, 23457 See U.S. Customs and Border Protection

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Housing and Urban Development Department National Endowment for the Arts NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Arts Advisory Panel, 23492 Dispute Resolution Program, 23479 Public Housing Agency Executive Compensation National Foundation on the Arts and the Humanities Information, 23478–23479 See Institute of Museum and Library Services See National Endowment for the Arts Institute of Museum and Library Services NOTICES National Highway Traffic Safety Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, 2019–2021 IMLS Grant Performance Report Forms, Submissions, and Approvals, 23523–23524 23491–23492 National Institutes of Health Interior Department NOTICES See Fish and Wildlife Service Meetings: See National Park Service Center for Scientific Review, 23472–23473 Eunice Kennedy Shriver National Institute of Child Internal Revenue Service Health and Human Development, 23474 NOTICES National Cancer Institute, 23473–23474 Agency Information Collection Activities; Proposals, National Heart, Lung, and Blood Institute, 23473–23475 Submissions, and Approvals, 23527–23528 National Institute of Mental Health, 23473 Low Income Taxpayer Clinic Grant Program; Availability of Requests for Information: 2019 Grant Application Package, 23528–23529 Development of the Fiscal Year 2021–2023 Trans-NIH Strategic Plan for HIV and HIV-Related Research, International Trade Administration 23471–23472 NOTICES Antidumping or Countervailing Duty Investigations, Orders, National Labor Relations Board or Reviews: NOTICES Carbon and Alloy Steel Wire Rod From Italy and the Meetings; Sunshine Act, 23492 Republic of Turkey, 23420–23422 Carbon and Alloy Steel Wire Rod From Italy, the National Oceanic and Atmospheric Administration Republic of Korea, Spain, the Republic of Turkey, NOTICES and the United Kingdom, 23417–23420 Agency Information Collection Activities; Proposals, Certain Softwood Lumber Products From Canada, 23424 Submissions, and Approvals, 23427–23428 Drawn Stainless Steel Sinks From the People’s Republic Agency Information Collection Activities; Proposals, of China, 23424–23427 Submissions, and Approvals: Honey From the People’s Republic of China, 23416– Marine Debris Program Performance Progress Report, 23417 23427–23428 Polytetrafluoroethylene Resin From India, 23422–23424 National Park Service International Trade Commission NOTICES NOTICES Inventory Completions: Investigations; Determinations, Modifications, and Rulings, Bess Bower Dunn Museum of Lake County, Libertyville, etc.: IL, 23483–23484 Silicon Metal From China, 23484–23485 Florida Department of State, Division of Historical Resources, Tallahassee, FL, 23482–23483 Justice Department Repatriation of Cultural Items: See Antitrust Division Peabody Museum of Archaeology and Ethnology, Harvard RULES University, Cambridge, MA, 23481–23482 Delegation of Authority: Central Authority or Competent Authority, 23360–23361 National Transportation Safety Board NOTICES Labor Department Meetings; Sunshine Act, 23492–23493 See Occupational Safety and Health Administration Occupational Safety and Health Administration Management and Budget Office PROPOSED RULES NOTICES Cranes and Derricks in Construction: Procedures for Participating in the Appeals Process for the Operator Qualification, 23534–23569 2020 Census Local Update of Census Addresses Operation, 23487–23491 Patent and Trademark Office Uniform Administrative Requirements, Cost Principles, and NOTICES Audit Requirements, 23486–23487 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23428–23430 National Credit Union Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings; Sunshine Act, 23491 Rules for Patent Maintenance Fees, 23430–23433

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Pension Benefit Guaranty Corporation NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Railroad Rehabilitation and Improvement Financing and Survey of Nonparticipating Single Premium Group Transportation Infrastructure Financing and Annuity Rates, 23493–23494 Innovation Act Credit Programs, 23525–23527 Reports by Air Carriers on Incidents Involving Animals Presidential Documents During Air Transport, 23524–23525 ADMINISTRATIVE ORDERS Iraq; Continuation of National Emergency (Notice of May Treasury Department 18, 2018), 23571–23573 See Internal Revenue Service

Securities and Exchange Commission U.S. Customs and Border Protection NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23502–23503 Submissions, and Approvals: Self-Regulatory Organizations; Proposed Rule Changes: Crewman’s Landing Permit, 23477–23478 Cboe BZX Exchange, Inc., 23513–23515 Cboe C2 Exchange, Inc., 23521–23522 U.S.-China Economic and Security Review Commission Cboe EDGX Exchange, Inc., 23515–23517 NOTICES Cboe Exchange, Inc., 23497–23498, 23503–23506 Hearings, 23529–23530 ICE Clear Europe, Ltd., 23506–23509 Nasdaq GEMX, LLC, 23509–23512 Veterans Affairs Department Nasdaq ISE, LLC, 23517–23520 NOTICES Nasdaq MRX, LLC, 23498–23502 Agency Information Collection Activities; Proposals, NYSE Arca, Inc., 23494–23497 Submissions, and Approvals: Certification of Lessons Completed, 23530–23531 Small Business Administration Notice of Change in Student Status, 23530 NOTICES Requests for Nominations: Exemptions Under the Small Business Investment Act: Advisory Committee on Minority Veterans, 23531–23532 Resolute Capital Partners Fund IV, LP, 23522

State Department Separate Parts In This Issue NOTICES Culturally Significant Objects Imported for Exhibition: Part II Giacometti, 23522–23523 Labor Department, Occupational Safety and Health Administration, 23534–23569 Substance Abuse and Mental Health Services Administration Part III Presidential Documents, 23571–23573 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 23475–23476 Reader Aids Surface Transportation Board Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Modified Certificates of Public Convenience and Necessity: of recently enacted public laws. Bayway Terminal Switching Company, LLC, 23523 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ Transportation Department accounts/USGPOOFR/subscriber/new, enter your e-mail See Federal Aviation Administration address, then follow the instructions to join, leave, or See National Highway Traffic Safety Administration manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Notices: Notice of May 18, 2018 ...... 23573 14 CFR 39 (3 documents) ...... 23349, 23351, 23355 Proposed Rules: 71...... 23381 21 CFR 172...... 23358 Proposed Rules: 172...... 23382 28 CFR 0...... 23360 29 CFR Proposed Rules: 1926...... 23534 33 CFR 117 (2 documents) ...... 23361 165 (6 documents) ...... 23362, 23364, 23366, 23367, 23369, 23371 Proposed Rules: 100 (2 documents) ...... 23392, 23395 117...... 23398 165...... 23400 40 CFR 52...... 23372 300...... 23374 Proposed Rules: 52 (2 documents) ...... 23402, 23407 300 (2 documents) ...... 23408, 23409 47 CFR 20...... 23378 54...... 23380 68...... 23378 Proposed Rules: 2...... 23412

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Rules and Regulations Federal Register Vol. 83, No. 98

Monday, May 21, 2018

This section of the FEDERAL REGISTER Examining the AD Docket number (P/N) 406–040–328–105 to the contains regulatory documents having general You may examine the AD docket on shaft assembly P/N 407–040–330–107 applicability and legal effect, most of which were ‘‘severely worn and no longer are keyed to and codified in the Code of the internet at http:// www.regulations.gov by searching for capable of performing their function.’’ Federal Regulations, which is published under The investigation revealed other Model 50 titles pursuant to 44 U.S.C. 1510. and locating Docket No. FAA–2017– 0667; or in person at Docket Operations 407 helicopters with the same axial and The Code of Federal Regulations is sold by between 9 a.m. and 5 p.m., Monday radial play or looseness of some splined the Superintendent of Documents. through Friday, except Federal holidays. connections. AD CF–2016–21 states that The AD docket contains this AD, the these parts should be clamped together Transport Canada AD, any incorporated- with threaded fasteners with no DEPARTMENT OF TRANSPORTATION by-reference service information, the detectable looseness. Transport Canada advises that undetected looseness at the Federal Aviation Administration economic evaluation, any comments received, and other information. The splined connection could result in wear of the parts and eventual loss of 14 CFR Part 39 street address for Docket Operations (phone: 800–647–5527) is U.S. directional control of the helicopter. For these reasons, AD CF–2016–21 [Docket No. FAA–2017–0667; Product Department of Transportation, Docket Identifier 2016–SW–053–AD; Amendment Operations, M–30, West Building requires a repetitive inspection of the 39–19281; AD 2018–10–06] Ground Floor, Room W12–140, 1200 TR driveshaft assemblies for play and a New Jersey Avenue SE, Washington, DC one-time torque verification of the TR RIN 2120–AA64 20590. adapter retention nuts. FOR FURTHER INFORMATION CONTACT: Since the NPRM was issued, the Airworthiness Directives; Bell David Hatfield, Aviation Safety FAA’s Aircraft Certification Service has Helicopter Textron Canada Limited Engineer, Safety Management Section, changed its organization structure. The (Bell) Helicopters Rotorcraft Standards Branch, FAA, new structure replaces product 10101 Hillwood Pkwy, Fort Worth, TX directorates with functional divisions. AGENCY: Federal Aviation 76177; telephone (817) 222–5110; email We have revised some of the office titles Administration (FAA), DOT. [email protected]. and nomenclature throughout this Final ACTION: Final rule. SUPPLEMENTARY INFORMATION: rule to reflect the new organizational changes. Additional information about SUMMARY: We are adopting a new Discussion the new structure can be found in the airworthiness directive (AD) for Bell On July 7, 2017, at 82 FR 31535, the Notice published on July 25, 2017 (82 Model 407 helicopters. This AD requires Federal Register published our notice of FR 34564). repetitive inspections of the tail rotor proposed rulemaking (NPRM), which (TR) driveshaft segment assemblies and Comments proposed to amend 14 CFR part 39 by a torque check of the TR adapter adding an AD that would apply to Bell After our NPRM was published, we retention nuts. This AD was prompted Model 407 helicopters. The NPRM received comments from two by a report of an in-flight failure of the proposed to require repetitively commenters. TR drive system. The actions of this AD inspecting each TR driveshaft segment are intended to detect and correct an Request assembly for rotational and axial play unsafe condition on these products. between the adapter and the TR Westwind Helicopters questioned the DATES: This AD is effective June 25, driveshaft. The NPRM also proposed a need for the AD. In support, it stated 2018. one-time verification of the installation that the AD inspections are identical to The Director of the Federal Register torque of each adapter retention nut. the periodic and progressive inspections approved the incorporation by reference The proposed requirements were in the Bell maintenance manual and to of a certain document listed in this AD intended to detect a loose TR driveshaft the one-time inspection in Bell Alert as of June 25, 2018. splined connection, which if not Service Bulletin (ASB) 407–16–113, ADDRESSES: For service information corrected could result in wear in the dated February 12, 2016 (ASB 407–16– identified in this final rule, contact Bell splines, failure of the TR drive system, 113). The commenter noted the AD Helicopter Textron Canada Limited, and subsequent loss of directional would result in multiple documentation 12,800 Rue de l’Avenir, Mirabel, Quebec control of the helicopter. requirements for operators for the same J7J1R4; telephone (450) 437–2862 or The NPRM was prompted by AD No. maintenance item. The commenter did (800) 363–8023; fax (450) 433–0272; or CF–2016–21, dated July 7, 2016 (AD not request a change to the AD. at http://www.bellcustomer.com/files/. CF–2016–21), issued by Transport We partially agree. The commenter is You may review the referenced service Canada, which is the aviation authority correct that the AD may result in information at the FAA, Office of the for Canada, to correct an unsafe additional documentation. However, Regional Counsel, Southwest Region, condition for Bell Model 407 while an operator may incorporate the 10101 Hillwood Pkwy., Room 6N–321, helicopters. Transport Canada advises procedures described in the Bell Fort Worth, TX 76177. It is also that a Model 407 helicopter experienced maintenance manuals and ASB into its available on the internet at http:// in-flight failure of the TR drive system, maintenance program, not all operators www.regulations.gov by searching for which resulted in loss of directional are required to do so. In order for the and locating Docket No. FAA–2017– control. According to Transport Canada, inspections to become mandatory, and 0667. the splines connecting the adapter part to correct the unsafe condition

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identified in the NPRM, the FAA must Determining the torque of the four List of Subjects in 14 CFR Part 39 issue an AD. adapter retention nuts requires about 3 Air transportation, Aircraft, Aviation Bell requested that a statement be work-hours for a cost per helicopter of safety, Incorporation by reference, added to the AD that accomplishing the $255 and a cost of $170,085 to the U.S. Safety. Bell ASB meets the intent of the AD and fleet. that no further action is required. If required, repairing a worn Adoption of the Amendment We partially agree. Operators may driveshaft adapter would require about Accordingly, under the authority take credit for inspections previously 3 work-hours, and required parts cost delegated to me by the Administrator, accomplished in accordance with ASB about $1,259, for a cost per helicopter of the FAA amends 14 CFR part 39 as 407–16–113 under paragraph (d) of the $1,514. follows: AD. However, we disagree that no Replacing an adapter retention nut further action is required because this requires about 1 work-hour, and PART 39—AIRWORTHINESS AD requires repetitive inspections of the required parts cost are negligible, for a DIRECTIVES TR driveshaft, whereas ASB 407–16– cost of $85 per helicopter and $56,695 113 specifies a one-time inspection. for the U.S. fleet per inspection cycle. ■ 1. The authority citation for part 39 continues to read as follows: FAA’s Determination Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. These helicopters have been approved Title 49 of the United States Code by the aviation authority of Canada and specifies the FAA’s authority to issue § 39.13 [Amended] are approved for operation in the United rules on aviation safety. Subtitle I, ■ 2. The FAA amends § 39.13 by adding States. Pursuant to our bilateral section 106, describes the authority of the following new airworthiness agreement with Canada, Transport the FAA Administrator. Subtitle VII: directive (AD): Canada, its technical representative, has Aviation Programs, describes in more 2018–10–06 Bell Helicopter Textron notified us of the unsafe condition detail the scope of the Agency’s Canada Limited (Bell): Amendment 39– described in its AD. We are issuing this authority. 19281; Docket No. FAA–2017–0667; AD because we evaluated all We are issuing this rulemaking under Product Identifier 2017–SW–053–AD. information provided by Transport the authority described in Subtitle VII, (a) Applicability Canada, reviewed the relevant Part A, Subpart III, Section 44701: information, considered the comments ‘‘General requirements.’’ Under that This AD applies to Bell Model 407 received, and determined the unsafe section, Congress charges the FAA with helicopters, certificated in any category. condition exists and is likely to exist or promoting safe flight of civil aircraft in (b) Unsafe Condition develop on other helicopters of these air commerce by prescribing regulations This AD defines the unsafe condition as a same type designs and that air safety for practices, methods, and procedures loose tail rotor (TR) driveshaft splined and the public interest require adopting the Administrator finds necessary for connection, which if not corrected could the AD requirements as proposed. safety in air commerce. This regulation result in wear in the splines, failure of the TR is within the scope of that authority drive system, and subsequent loss of Related Service Information Under because it addresses an unsafe condition directional control of the helicopter. 1 CFR Part 51 that is likely to exist or develop on (c) Effective Date We reviewed ASB 407–16–113, which helicopters identified in this rulemaking This AD becomes effective June 25, 2018. specifies procedures for inspecting the action. TR driveshaft assemblies for noticeable (d) Compliance rotational or axial play between each Regulatory Findings You are responsible for performing each adapter and TR driveshaft. ASB 407– This AD will not have federalism action required by this AD within the 16–113 also specifies procedures for implications under Executive Order specified compliance time unless it has performing a torque check of each TR 13132. This AD will not have a already been accomplished prior to that time. adapter retention nut on the four TR substantial direct effect on the States, on (e) Required Actions driveshaft segments. the relationship between the national For helicopters with less than 4,000 hours This service information is reasonably government and the States, or on the time-in-service (TIS), within 100 hours TIS, available because the interested parties distribution of power and and for helicopters with 4,000 or more hours have access to it through their normal responsibilities among the various TIS, within 50 hours TIS: course of business or by the means levels of government. (1) Inspect each TR driveshaft segment identified in the ADDRESSES section. For the reasons discussed above, I assembly for rotational and axial play This service information is reasonably certify that this AD: between the adapter and the TR driveshaft at available because the interested parties the four positions depicted in Figure 1 of Bell (1) Is not a ‘‘significant regulatory Alert Service Bulletin (ASB) 407–16–113, have access to it through their normal action’’ under Executive Order 12866; dated February 12, 2016 (ASB 407–16–113). course of business or by the means (2) Is not a ‘‘significant rule’’ under If there is any axial or rotational play, remove identified in the ADDRESSES. DOT Regulatory Policies and Procedures the adapter from the TR driveshaft segment (44 FR 11034, February 26, 1979); assembly and inspect the adapter, washers, Costs of Compliance (3) Will not affect intrastate aviation and TR driveshaft for damage. Replace the We estimate this AD affects 667 in Alaska to the extent that it justifies adapter retention nut and apply a torque of helicopters of U.S. Registry. We estimate making a regulatory distinction; and 30 to 50 inch-pounds (5.7 to 7.9 Nm). that operators will incur the following (4) Will not have a significant Replace any part with damage or repair the costs in order to comply with this AD. economic impact, positive or negative, part if the damage is within the maximum At an average labor rate of $85 per work- on a substantial number of small entities repair damage limitations. (2) Determine the torque of each TR hour, inspecting the TR driveshaft under the criteria of the Regulatory adapter retention nut at each of the four segments and adapters for play requires Flexibility Act. segment assembly positions depicted in about 1 work-hour, for a cost per We prepared an economic evaluation Figure 1 of Bell ASB 407–16–113. If the helicopter of $85, and a cost of $56,695 of the estimated costs to comply with torque is less than 30 inch-pounds (5.7 Nm), to the U.S. fleet per inspection cycle. this AD and placed it in the AD docket. remove the adapter from the TR driveshaft

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segment assembly and inspect the adapter, www.archives.gov/federal-register/cfr/ibr- on the internet at http:// washers, and TR driveshaft for damage. locations.html. www.regulations.gov by searching for Replace the adapter retention nut and apply Issued in Fort Worth, Texas, on May 7, and locating Docket No. FAA–2017– a torque of 30 to 50 inch-pounds (5.7 to 7.9 2018. 0907. Nm). Replace any part with damage or repair the part if the damage is within the Lance T. Gant, Examining the AD Docket maximum repair damage limitations. Director, Compliance & Airworthiness (3) Repeat the actions specified in Division, Aircraft Certification Service. You may examine the AD docket on paragraph (e)(1) of this AD at intervals not to [FR Doc. 2018–10491 Filed 5–18–18; 8:45 am] the internet at http:// exceed 330 hours TIS. BILLING CODE 4910–13–P www.regulations.gov by searching for (f) Special Flight Permits and locating Docket No. FAA–2017– 0907; or in person at the Docket Special flight permits are prohibited. DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m. (g) Alternative Methods of Compliance and 5 p.m., Monday through Friday, (AMOCs) Federal Aviation Administration except Federal holidays. The AD docket (1) The Manager, Safety Management contains this AD, the regulatory Section, Rotorcraft Standards Branch, FAA, 14 CFR Part 39 evaluation, any comments received, and may approve AMOCs for this AD. Send your other information. The street address for proposal to: David Hatfield, Aviation Safety [Docket No. FAA–2017–0907; Product Identifier 2017–NM–069–AD; Amendment the Docket Office (telephone 800–647– Engineer, Safety Management Section, 5527) is Docket Management Facility, Rotorcraft Standards Branch, FAA, 10101 39–19274; AD 2018–09–17] U.S. Department of Transportation, Hillwood Pkwy., Fort Worth, TX 76177; RIN 2120–AA64 telephone (817) 222–5110; email 9-ASW- Docket Operations, M–30, West Building Ground Floor, Room W12–140, [email protected]. Airworthiness Directives; Bombardier, 1200 New Jersey Avenue SE, (2) For operations conducted under a 14 Inc., Airplanes CFR part 119 operating certificate or under Washington, DC 20590. 14 CFR part 91, subpart K, we suggest that AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Aziz you notify your principal inspector, or Administration (FAA), Department of Ahmed, Aerospace Engineer, Airframe lacking a principal inspector, the manager of Transportation (DOT). the local flight standards district office or and Mechanical Systems Section, FAA, certificate holding district office, before ACTION: Final rule. New York ACO Branch, 1600 Stewart operating any aircraft complying with this Avenue, Suite 410, Westbury, NY AD through an AMOC. SUMMARY: We are adopting a new 11590; telephone 516–228–7329; fax airworthiness directive (AD) for certain 516–794–5531. (h) Additional Information Bombardier, Inc., Model CL–600–1A11 SUPPLEMENTARY INFORMATION: The subject of this AD is addressed in (CL–600), CL–600–2A12 (CL–601 Transport Canada AD No. CF–2016–21, dated Variant), and CL–600–2B16 (CL–601– Discussion July 7, 2016. You may view the Transport 3A, CL–601–3R, and CL–604 Variants) We issued a notice of proposed Canada AD on the internet at http:// airplanes. This AD was prompted by www.regulations.gov in Docket No. FAA– rulemaking (NPRM) to amend 14 CFR 2017–0667. reports of fractured rudder pedal tubes part 39 by adding an AD that would on the pilot-side rudder bar assembly. (i) Subject apply to certain Bombardier, Inc., Model This AD requires repetitive inspections CL–600–1A11 (CL–600), CL–600–2A12 Joint Aircraft Service Component (JASC) of the rudder pedal tubes for cracking Code: 6510 Tail Rotor Drive Shaft. (CL–601 Variant), and CL–600–2B16 and corrective actions if necessary. (CL–601–3A, CL–601–3R, and CL–604 (j) Material Incorporated by Reference Replacement of both pilot-side rudder Variants) airplanes. The NPRM bar assemblies terminates the (1) The Director of the Federal Register published in the Federal Register on approved the incorporation by reference of inspections. We are issuing this AD to October 19, 2017 (82 FR 48668) (‘‘the the service information listed in this address the unsafe condition on these NPRM’’). The NPRM was prompted by paragraph under 5 U.S.C. 552(a) and 1 CFR products. reports of fractured rudder pedal tubes part 51. DATES: This AD is effective June 25, (2) You must use this service information on the pilot-side rudder bar assembly. as applicable to do the actions required by 2018. The NPRM proposed to require this AD, unless the AD specifies otherwise. The Director of the Federal Register repetitive inspections of the rudder (i) Bell Alert Service Bulletin 407–16–113, approved the incorporation by reference pedal tubes for cracking and corrective dated February 12, 2016. of certain publications listed in this AD actions if necessary. Replacement of (ii) Reserved. as of June 25, 2018. both pilot-side rudder bar assemblies (3) For Bell service information identified ADDRESSES: For service information terminates the inspections. We are in this AD, Bell Helicopter Textron Canada identified in this final rule, contact issuing this AD to address cracking of Limited, 12,800 Rue de l’Avenir, Mirabel, ˆ Quebec J7J1R4; telephone (450) 437–2862 or Bombardier, Inc., 400 Cote-Vertu Road the pilot-side rudder pedal tubes. Loss (800) 363–8023; fax (450) 433–0272; or at West, Dorval, Que´bec H4S 1Y9, Canada; of pilot rudder pedal input during flight http://www.bellcustomer.com/files/. Widebody Customer Response Center could result in reduced yaw (4) You may view this service information North America toll-free telephone 1– controllability of the airplane. Loss of at FAA, Office of the Regional Counsel, 866–538–1247 or direct-dial telephone pilot rudder pedal input during takeoff Southwest Region, 10101 Hillwood Pkwy, 1–514–855–2999; fax 514–855–7401; or landing could lead to a runway Room 6N–321, Fort Worth, TX 76177. For email [email protected]; excursion. information on the availability of this internet http://www.bombardier.com. Transport Canada Civil Aviation material at the FAA, call (817) 222–5110. You may view this referenced service (TCCA), which is the aviation authority (5) You may view this service information that is incorporated by reference at the information at the FAA, Transport for Canada, has issued Canadian National Archives and Records Standards Branch, 2200 South 216th St., Airworthiness Directive CF–2017–09, Administration (NARA). For information on Des Moines, WA. For information on the dated February 22, 2017 (referred to the availability of this material at NARA, call availability of this material at the FAA, after this as the Mandatory Continuing (202) 741–6030, or go to: http:// call 206–231–3195. It is also available Airworthiness Information, or ‘‘the

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MCAI’’), to correct an unsafe condition NetJets’ request to correct the changed a certain citation, and that for certain Bombardier, Inc., Model CL– typographical error in the preamble and change places the service information in 600–1A11 (CL–600), CL–600–2A12 (CL– paragraph (g)(6) of this AD by removing the alphanumeric order shown within 601 Variant), and CL–600–2B16 (CL– the incorrect citation and including the this AD, which also addresses the 601–3A, CL–601–3R, and CL–604 correct citation, which is Bombardier commenter’s request. Variants) airplanes. The MCAI states: Service Bulletin 650–27–002, dated June Conclusion There have been two in-service reports of 30, 2016, including Appendix A, fractured rudder pedal tubes installed on the Revision 01, dated March 31, 2016. We reviewed the relevant data, pilot-side rudder bar assembly on CL–600– We do not agree with Bombardier’s considered the comments received, and 2B19 aeroplanes. Laboratory examination of request because a typographical error determined that air safety and the the fractured rudder pedal tubes found that does not exist in our citation of public interest require adopting this AD in both cases, the fatigue cracks initiated at Bombardier Service Bulletin 605–27– with the changes described previously the aft taper pin holes where the connecting 008, dated March 31, 2016, including and minor editorial changes. We have rod fitting is attached. Fatigue testing of the Appendix A, Revision 01, dated March determined that these minor changes: rudder pedal tubes confirmed that the fatigue 31, 2016. We contacted the commenter, • Are consistent with the intent that cracking is due to loads induced during parking brake application. Therefore, only and the company representative agreed was proposed in the NPRM for the rudder pedal tubes on the pilot’s side are that there is not a typographical error. correcting the unsafe condition; and vulnerable to fatigue cracking as the parking Therefore, no change was made to this • Do not add any additional burden brake is primarily applied by the pilot. AD in this regard. upon the public than was already Loss of pilot rudder pedal input during proposed in the NPRM. Request To Change the Order of Certain flight would result in reduced yaw We also determined that these Service Information in the Related controllability of the aeroplane. Loss of pilot changes will not increase the economic Service Information Under 1 CFR Part rudder pedal input during takeoff or landing burden on any operator or increase the 51 Paragraph may lead to a runway excursion. scope of this AD. This [Canadian] AD mandates initial and During a phone conversation between repetitive [detailed visual or eddy current] Bombardier and the FAA that occurred Related Service Information Under 1 inspections [for cracking] of both pilot-side CFR Part 51 rudder pedal tubes, part number (P/N) 600– during the NPRM comment period, 90204–3 until the terminating action in Part Bombardier requested that the order of Bombardier has issued the following III of this [Canadian] AD is accomplished certain service information in ‘‘Related service information. The service [i.e., replacement of both pilot-side rudder Service Information under 1 CFR part information describes procedures for bar assemblies]. 51’’ be rearranged. Specifically, the repetitive inspections of the rudder Corrective actions include commenter requested that Service pedal tubes for cracking, replacement of replacement of both pilot-side rudder Bulletin 605–27–008, dated March 31, both pilot-side rudder bar assemblies, bar assemblies and repair. You may 2016, including Appendix A, Revision and repair. These documents are examine the MCAI in the AD docket on 01, dated March 31, 2016, be listed distinct since they apply to different the internet at http:// above Service Bulletin 650–27–002, airplane models. • www.regulations.gov by searching for dated June 30, 2016, including Service Bulletin 600–0770, and locating Docket No. FAA–2017– Appendix A, Revision 01, dated March including Appendix A, both Revision 0907. 31, 2016. The commenter stated that 01, both dated March 31, 2016. chronologically Bombardier issued • Service Bulletin 601–0643, Comments Service Bulletin 605–27–008, dated including Appendix A, both Revision We gave the public the opportunity to March 31, 2016, including Appendix A, 01, both dated March 31, 2016. participate in developing this AD. The Revision 01, dated March 31, 2016, • Service Bulletin 604–27–037, following presents the comments before issuing Service Bulletin 650–27– including Appendix A, Revision 01, received on the NPRM and the FAA’s 002, dated June 30, 2016, including both dated March 31, 2016. response to each comment. Appendix A, Revision 01, dated March • Service Bulletin 605–27–008, 31, 2016. including Appendix A, Revision 01, Requests To Correct Errors in Certain We agree to clarify. While we both dated March 31, 2016. Service Information Citations recognize the benefit of listing service • Service Bulletin 650–27–002, dated Bombardier and NetJets both information in chronological order June 30, 2016, including Appendix A, requested that typographical errors in based on publication dates, we are Revision 01, dated March 31, 2016. certain service bulletin citations be required by the Office of Federal This service information is reasonably corrected. Bombardier stated that in the Register (OFR) to list service available because the interested parties NPRM, Bombardier ‘‘Service Bulletin information within the incorporated by have access to it through their normal 605–27–008’’ should be cited as reference (IBR) paragraph of the AD course of business or by the means Bombardier ‘‘Service Bulletin 650–27– regulatory text (i.e. paragraph (n) of this identified in the ADDRESSES section. 008.’’ NetJets stated that Bombardier AD) according to the document name. ‘‘Service Bulletin 605–27–002’’ should For consistency, the IBR material is Costs of Compliance be cited as Bombardier ‘‘Service listed in the same alphanumerical We estimate that this AD affects 141 Bulletin 650–27–002.’’ sequence within the 1 CFR part 51 airplanes of U.S. registry. We partially agree with the paragraph of the AD preamble text. In We estimate the following costs to commenters’ requests. We agree with this case, as stated previously, we have comply with this AD:

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ESTIMATED COSTS

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

Inspections ...... 10 work-hours × $85 per hour $0 $850 per inspection cycle ...... $119,850 per inspection = $850 per inspection cycle. cycle.

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replacement ...... 2 work-hours × $85 per hour = $170 ...... $8,564 $8,734

We have received no definitive data not have a substantial direct effect on (b) Affected ADs that will enable us to provide cost the States, on the relationship between None. estimates for any on-condition repairs the national government and the States, (c) Applicability specified in this AD. We have no way or on the distribution of power and of determining the number of aircraft responsibilities among the various This AD applies to the Bombardier, Inc., that might need this repair. levels of government. airplanes identified in paragraphs (c)(1) through (c)(3) of this AD, certificated in any Authority for This Rulemaking For the reasons discussed above, I category. certify that this AD: (1) Model CL–600–1A11 (CL–600) Title 49 of the United States Code 1. Is not a ‘‘significant regulatory airplanes, serial numbers (S/Ns) 1004 specifies the FAA’s authority to issue action’’ under Executive Order 12866, through 1085 inclusive. rules on aviation safety. Subtitle I, 2. Is not a ‘‘significant rule’’ under the (2) Model CL–600–2A12 (CL–601 Variant) section 106, describes the authority of DOT Regulatory Policies and Procedures airplanes, S/Ns 3001 through 3066 inclusive. (3) Model CL–600–2B16 (CL–601–3A, CL– the FAA Administrator. Subtitle VII: (44 FR 11034, February 26, 1979), Aviation Programs, describes in more 601–3R, and CL–604 Variants) airplanes, 3. Will not affect intrastate aviation in S/Ns 5001 through 5194 inclusive, S/Ns 5301 detail the scope of the Agency’s Alaska, and through 5665 inclusive, S/Ns 5701 through authority. 4. Will not have a significant 5988 inclusive, and S/Ns 6050 through 6099 We are issuing this rulemaking under economic impact, positive or negative, inclusive. the authority described in Subtitle VII, on a substantial number of small entities Part A, Subpart III, Section 44701: (d) Subject under the criteria of the Regulatory Air Transport Association (ATA) of ‘‘General requirements.’’ Under that Flexibility Act. section, Congress charges the FAA with America Code 27, Flight Controls. promoting safe flight of civil aircraft in List of Subjects in 14 CFR Part 39 (e) Reason air commerce by prescribing regulations Air transportation, Aircraft, Aviation This AD was prompted by reports of for practices, methods, and procedures safety, Incorporation by reference, fractured rudder pedal tubes on the pilot-side the Administrator finds necessary for Safety. rudder bar assembly. We are issuing this AD safety in air commerce. This regulation to address cracking of the pilot-side rudder is within the scope of that authority Adoption of the Amendment pedal tubes. Loss of pilot rudder pedal input because it addresses an unsafe condition during flight could result in reduced yaw Accordingly, under the authority controllability of the airplane. Loss of pilot that is likely to exist or develop on delegated to me by the Administrator, rudder pedal input during takeoff or landing products identified in this rulemaking the FAA amends 14 CFR part 39 as could lead to a runway excursion. action. follows: This AD is issued in accordance with (f) Compliance authority delegated by the Executive PART 39—AIRWORTHINESS Comply with this AD within the Director, Aircraft Certification Service, DIRECTIVES compliance times specified, unless already as authorized by FAA Order 8000.51C. done. In accordance with that order, issuance ■ 1. The authority citation for part 39 (g) Repetitive Inspections and Part Marking of ADs is normally a function of the continues to read as follows: At the applicable time specified in figure Compliance and Airworthiness Authority: 49 U.S.C. 106(g), 40113, 44701. 1 to paragraph (g) of this AD, do a detailed Division, but during this transition or eddy current inspection of both pilot-side period, the Executive Director has § 39.13 [Amended] rudder pedal tubes for cracking, in delegated the authority to issue ADs ■ 2. The FAA amends § 39.13 by adding accordance with Part A of the applicable to transport category Accomplishment Instructions of the the following new airworthiness applicable service information identified in airplanes to the Director of the System directive (AD): Oversight Division. paragraphs (g)(1) through (g)(6) of this AD. If 2018–09–17 Bombardier, Inc.: Amendment no cracking is found, before further flight, Regulatory Findings 39–19274; Docket No. FAA–2017–0907; mark the part in accordance with Part A of Product Identifier 2017–NM–069–AD. the Accomplishment Instructions of the We determined that this AD will not applicable service information identified in have federalism implications under (a) Effective Date paragraphs (g)(1) through (g)(6) of this AD. Executive Order 13132. This AD will This AD is effective June 25, 2018. Repeat the detailed or eddy current

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inspection thereafter at intervals not to inclusive: Bombardier Service Bulletin 601– including Appendix A, Revision 01, both exceed 600 flight cycles if a detailed 0643, including Appendix A, both Revision dated March 31, 2016. inspection was performed, or 1,000 flight 01, both dated March 31, 2016. (5) For Model CL–600–2B16 (CL–601–3A, cycles if an eddy current inspection was (3) For Model CL–600–2B16 (CL–601–3A, CL–601–3R, and CL–604 Variants) airplanes, performed. Repeat the inspection until the CL–601–3R, and CL–604 Variants) airplanes, S/Ns 5701 through 5988 inclusive: terminating action specified in paragraph (i) Bombardier Service Bulletin 605–27–008, S/Ns 5001 through 5194 inclusive: of this AD is accomplished. including Appendix A, Revision 01, both Bombardier Service Bulletin 601–0643, (1) For Model CL–600–1A11 (CL–600) dated March 31, 2016. airplanes, S/Ns 1004 through 1085 inclusive: including Appendix A, both Revision 01, (6) For Model CL–600–2B16 (CL–601–3A, Bombardier Service Bulletin 600–0770, both dated March 31, 2016. CL–601–3R, and CL–604 Variants) airplanes, including Appendix A, both Revision 01, (4) For Model CL–600–2B16 (CL–601–3A, S/Ns 6050 through 6099 inclusive: both dated March 31, 2016. CL–601–3R, and CL–604 Variants) airplanes, Bombardier Service Bulletin 650–27–002, (2) For Model CL–600–2A12 (CL–601 S/Ns 5301 through 5665 inclusive: dated June 30, 2016, including Appendix A, Variant) airplanes, S/Ns 3001 through 3066 Bombardier Service Bulletin 604–27–037, Revision 01, dated March 31, 2016.

(h) Corrective Actions 0643, dated August 31, 2015; is not a (l) Special Flight Permits (1) If any cracking is found around the aft terminating action for the inspections Special flight permits, as described in required by paragraph (g) of this AD. tapered holes during any inspection required Section 21.197 and Section 21.199 of the by paragraph (g) of this AD, before further (k) Other FAA AD Provisions Federal Aviation Regulations (14 CFR 21.197 flight, replace both pilot-side rudder bar The following provisions also apply to this and 21.199), are not allowed if any cracking assemblies, in accordance with Part B of the AD: is found during any inspection required by Accomplishment Instructions of the paragraph (g) of this AD. applicable service information identified in (1) Alternative Methods of Compliance paragraphs (g)(1) through (g)(6) of this AD. (AMOCs): The Manager, New York ACO (m) Related Information Branch, FAA, has the authority to approve (2) If any other damage (e.g., corrosion) is (1) Refer to Mandatory Continuing found, during any inspection required by AMOCs for this AD, if requested using the Airworthiness Information (MCAI) Canadian paragraph (g) of this AD, before further flight, procedures found in 14 CFR 39.19. In Airworthiness Directive CF–2017–09, dated repair using a method approved by the accordance with 14 CFR 39.19, send your Manager, New York ACO Branch, FAA; or request to your principal inspector or local February 22, 2017, for related information. Transport Canada Civil Aviation (TCCA); or Flight Standards District Office, as This MCAI may be found in the AD docket Bombardier, Inc.’s TCCA Design Approval appropriate. If sending information directly on the internet at http://www.regulations.gov Organization (DAO). If approved by the DAO, to the manager of the certification office, by searching for and locating Docket No. the approval must include the DAO- send it to ATTN: Program Manager, FAA–2017–0907. authorized signature. Continuing Operational Safety, FAA, New (2) For more information about this AD, York ACO Branch, 1600 Stewart Avenue, contact Aziz Ahmed, Aerospace Engineer, (i) Optional Terminating Action Suite 410, Westbury, NY 11590; telephone Airframe and Mechanical Systems Section, Replacement of both pilot-side rudder bar 516–228–7300; fax 516–794–5531. Before FAA, New York ACO Branch, 1600 Stewart assemblies in accordance with Part B of the using any approved AMOC, notify your Avenue, Suite 410, Westbury, NY 11590; appropriate principal inspector, or lacking a Accomplishment Instructions of the telephone 516–228–7329; fax 516–794–5531. applicable service information identified in principal inspector, the manager of the local paragraphs (g)(1) through (g)(6) of this AD flight standards district office/certificate (n) Material Incorporated by Reference holding district office. terminates the inspections required by (1) The Director of the Federal Register paragraph (g) of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective approved the incorporation by reference (j) Replacement—No Terminating Action actions from a manufacturer, the action must (IBR) of the service information listed in this Replacement of both pilot-side rudder bar be accomplished using a method approved paragraph under 5 U.S.C. 552(a) and 1 CFR assemblies using Part B of the by the Manager, New York ACO Branch, part 51. Accomplishment Instructions of Bombardier FAA; or TCCA; or Bombardier, Inc.’s TCCA (2) You must use this service information Service Bulletin 600–0770, dated August 31, DAO. If approved by the DAO, the approval as applicable to do the actions required by 2015; or Bombardier Service Bulletin 601– must include the DAO-authorized signature. this AD, unless this AD specifies otherwise.

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(i) Bombardier Service Bulletin 600–0770, Inoperative (OEI) incidents. The actions these incidents resulted in a rejected including Appendix A, both Revision 01, of this AD are intended to detect and takeoff to an unprepared site. both dated March 31, 2016. prevent an unsafe condition on these The NPRM proposed to require initial (ii) Bombardier Service Bulletin 601–0643, products. including Appendix A, both Revision 01, and recurring inspections of each CPT both dated March 31, 2016. DATES: This AD is effective June 25, by measuring resistance, linearity (iii) Bombardier Service Bulletin 604–27– 2018. resistance movement, and differential 037, including Appendix A, Revision 01, The Director of the Federal Register voltage, and depending on the outcome both dated March 31, 2016. approved the incorporation by reference of the inspections, replacing the CPT. (iv) Bombardier Service Bulletin 605–27– of certain documents listed in this AD The proposed requirements were 008, including Appendix A, Revision 01, as of June 25, 2018. intended to detect wear of a CPT prior both dated March 31, 2016. ADDRESSES: For service information to it causing an OEI condition and (v) Bombardier Service Bulletin 650–27– possible emergency landing. 002, dated June 30, 2016, including identified in this final rule, contact Appendix A, Revision 01, dated March 31, Sikorsky Aircraft Corporation, Customer Comments 2016. Service Engineering, 124 Quarry Road, (3) For service information identified in Trumbull, CT 06611; telephone 1–800– After our NPRM was published, we this AD, contact Bombardier, Inc., 400 Coˆte Winged–S or 203–416–4299; email wcs_ received comments from Sikorsky. Vertu Road West, Dorval, Que´bec H4S 1Y9, [email protected]. You Canada; Widebody Customer Response Request To Include an Additional Part may review a copy of the referenced to the AD Center North America toll-free telephone service information at the FAA, Office 1–866–538–1247 or direct-dial telephone Sikorsky requested the AD also apply 1–514–855–2999; fax 514–855–7401; email of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room to engine CPT P/N 76900–01821–105. In [email protected]; internet http:// support of this request, Sikorsky stated www.bombardier.com. 6N–321, Fort Worth, TX 76177. It is also (4) You may view this service information available on the internet at http:// that engine CPT P/N 76900–01821–105 at the FAA, Transport Standards Branch, www.regulations.gov by searching for is a new replacement for engine CPT P/ 2200 South 216th St., Des Moines, WA. For and locating Docket No. FAA–2017– N 76900–01821–104, which does not information on the availability of this 0874. differ substantially from engine CPT P/ material at the FAA, call 206–231–3195. N 76900–01821–104 and therefore (5) You may view this service information Examining the AD Docket should be subject to the periodic that is incorporated by reference at the You may examine the AD docket on inspections. National Archives and Records the internet at http:// We partially agree. While engine CPT Administration (NARA). For information on the availability of this material at NARA, call www.regulations.gov by searching for P/N 76900–01821–105 may be subject to 202–741–6030, or go to: http:// and locating Docket No. FAA–2017– the same unsafe condition because of www.archives.gov/federal-register/cfr/ibr- 0874; or in person at Docket Operations design similarity, adding this part locations.html. between 9 a.m. and 5 p.m., Monday would increase the scope of the AD. Issued in Des Moines, Washington, on through Friday, except Federal holidays. Therefore, we plan to publish another April 27, 2018. The AD docket contains this AD, any NPRM for P/N 76900–01821–105 to give Michael Kaszycki, incorporated-by-reference service the public an opportunity to comment information, the economic evaluation, on those requirements. Acting Director, System Oversight Division, any comments received, and other Aircraft Certification Service. Request To Remove a Test Box From information. The street address for [FR Doc. 2018–09732 Filed 5–18–18; 8:45 am] the AD Docket Operations (phone: 800–647– BILLING CODE 4910–13–P 5527) is U.S. Department of Sikorsky requested we remove Test Transportation, Docket Operations, M– Box P/N 76700–40009–042 and only DEPARTMENT OF TRANSPORTATION 30, West Building Ground Floor, Room allow the use of Test Box P/N 76700– W12–140, 1200 New Jersey Avenue SE, 40009–043 to comply with the AD. In Federal Aviation Administration Washington, DC 20590. support of this request, Sikorsky stated FOR FURTHER INFORMATION CONTACT: Nick it considers Test Box P/N 76700–40009– 14 CFR Part 39 Rediess, Aviation Safety Engineer, 042 obsolete because Test Box P/N Boston ACO Branch, Compliance & 76700–40009–043 is easier to use and [Docket No. FAA–2017–0874; Product provides less subjective results. Identifier 2015–SW–082–AD; Amendment Airworthiness Division, 1200 District 39–19282; AD 2018–10–07] Avenue, Burlington, MA 01803; We disagree. The proposed AD telephone (781) 238–7159; email provided procedures for both test boxes RIN 2120–AA64 [email protected]. for the repetitive inspections. While SUPPLEMENTARY INFORMATION: Test Box P/N 76700–40009–043 may be Airworthiness Directives; Sikorsky more efficient, the use of Test Box P/N Aircraft Corporation Discussion 76700–40009–042 also addresses the AGENCY: Federal Aviation On September 14, 2017, at 82 FR unsafe condition. We do not find Administration (FAA), DOT. 43195, the Federal Register published justification for requiring operators who ACTION: Final rule. our notice of proposed rulemaking have Test Box P/N 76700–40009–042 to (NPRM), which proposed to amend 14 upgrade or replace their test box. SUMMARY: We are adopting a new CFR part 39 by adding an AD that However, we have revised the initial airworthiness directive (AD) for would apply to Sikorsky Model S–76C inspection requirements of the AD to Sikorsky Aircraft Corporation (Sikorsky) helicopters with a Turbomeca, S.A., allow the use of Test Box P/N 76700– Model S–76C helicopters. This AD Arriel 2S1 or Arriel 2S2 engine with an 40009–043 as an option. We have also requires inspecting the engine collective engine CPT part number (P/N) 76900– revised the repetitive inspection position transducer (CPT). This AD was 01821–104 installed. The NPRM was procedures to allow the use of updated prompted by reports of wear of the CPT prompted by 20 reports of OEI incidents testing procedures for Test Box P/N that has resulted in several One Engine resulting from wear of a CPT. One of 76700–40009–043, which had not been

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issued at the time we published the which is not incorporated by reference Differences Between This AD and the proposed AD, as an option. in this AD. Service Information Lastly, Sikorsky requested we revise We also reviewed Sikorsky Sikorsky ASB 76–73–8A, TR 73–07, the unsafe condition to more accurately Maintenance Manual, SA 4047–76C–2, and TR 73–08 specify using and describe that it would be a momentary Temporary Revision No. 73–08, dated returning Sikorsky’s CPT data sheet and OEI condition. In support, Sikorsky September 20, 2017 (TR 73–08), which any failed CPT to Sikorsky. This AD stated that the unsafe condition updates the procedures in TR 73–07. TR does not. statement in the proposed AD could be 73–08 does not divide the procedures by misinterpreted as an in-flight shutdown CPT Test Box P/N as it eliminates the Costs of Compliance or engine failure. For this particular CPT procedures for CPT Text Box P/N We estimate that this AD affects 90 failure, Sikorsky stated normal engine 76700–40009–042. TR 73–08 omits helicopters of U.S. Registry. We estimate operation is restored within obsolete figures and it provides that operators may incur the following approximately two seconds without the inspection results as pass or fail. costs in order to comply with this AD. need for any specific action by the pilot. This service information is reasonably Labor costs are estimated at $85 per We agree and have made the available because the interested parties work-hour. requested change accordingly. have access to it through their normal The inspections will take about 3.75 FAA’s Determination course of business or by the means work-hours for an estimated cost of identified in the ADDRESSES section. We have reviewed the relevant $319 per helicopter and $28,710 for the information, considered the comments Other Related Service Information U.S. fleet per inspection cycle. Replacing a CPT will take about 6 work- received, and determined that an unsafe We reviewed Sikorsky S–76 condition exists and is likely to exist or hours and parts will cost $3,072 for an Helicopter ASB 76–73–8, Basic Issue, estimated replacement cost of $3,582. develop on other products of the same dated August 21, 2015 (ASB 76–73–8). type design and that air safety and the ASB 76–73–8 contains the same Authority for This Rulemaking public interest require adopting the AD procedures as ASB 76–73–8A; however, Title 49 of the United States Code requirements as proposed with the ASB 76–73–8A updates Sikorsky’s changes described previously and minor specifies the FAA’s authority to issue contact information for submitting a rules on aviation safety. Subtitle I, editorial changes. These changes are purchase order. consistent with the intent of the section 106, describes the authority of We also reviewed Sikorsky SA 4047– the FAA Administrator. Subtitle VII: proposals in the NPRM and will not 76C–2–1, Temporary Revision No. 5– increase the economic burden on any Aviation Programs, describes in more 181, dated August 21, 2015 (TR 5–181); detail the scope of the Agency’s operator nor increase the scope of the Task 5–20–00 of Sikorsky Airworthiness AD. authority. Limitations and Inspection We are issuing this rulemaking under Interim Action Requirements, Publication No. SA the authority described in Subtitle VII, We consider this AD to be an interim 4047–76C–2–1, Revision 24, dated Part A, Subpart III, Section 44701: action. The design approval holder is December 15, 2015 (Task 5–20–00); and ‘‘General requirements.’’ Under that currently developing a modification that Section 73–22–04 of Chapter 73 Engine section, Congress charges the FAA with will address the unsafe condition Fuel and Control, of Sikorsky promoting safe flight of civil aircraft in identified in this AD. Once this Maintenance Manual, SA 4047–76C–2, air commerce by prescribing regulations modification is developed, approved, Revision 31, dated December 15, 2015 for practices, methods, and procedures and available, we might consider (Section 73–22–04). TR 5–181 specifies the Administrator finds necessary for additional rulemaking. adding CPT inspections referenced in safety in air commerce. This regulation Section 73–22–04 to the 300-hour is within the scope of that authority Related Service Information Under 1 inspection checklist contained in Task because it addresses an unsafe condition CFR Part 51 5–20–00. that is likely to exist or develop on We reviewed Sikorsky S–76 We reviewed Sikorksy Safety products identified in this rulemaking Helicopter Alert Service Bulletin (ASB) Advisory No. SSA–S76–11–0002, dated action. 76–73–8, Revision A, dated December 4, May 17, 2011. This service information Regulatory Findings 2015 (ASB 76–73–8A), which specifies provides precautionary instructions to a one-time inspection of total resistance, minimize hazardous situations that This AD will not have federalism linearity resistant movement, excitation might result from an unreliable CPT. implications under Executive Order voltage, and differential voltage of the We also reviewed Sikorsky SSI No. 13132. This AD will not have a CPTs using CPT Text Box P/N 76700– 76–96, dated August 19, 2016, which substantial direct effect on the States, on 40009–042. specifies procedures to modify CPT Test the relationship between the national We reviewed Sikorsky Maintenance Box P/N 76700–40009–042 and re- government and the States, or on the Manual, SA 4047–76C–2, Temporary identify it as P/N 76700–40009–043. distribution of power and Revision No. 73–07, dated August 17, This one-time modification reduces the responsibilities among the various 2016 (TR 73–07), which specifies instructions to inspect the CPT and levels of government. procedures for removing, installing, and improves the inspection accuracy. For the reasons discussed above, I adjusting the CPTs, and inspections of We reviewed Sikorsky SSI No. 76–87, certify that this AD: total resistance, linearity resistant dated July 24, 2015, and SSI No. 76– (1) Is not a ‘‘significant regulatory movement, excitation voltage, and 87A, Revision A, dated August 21, 2015. action’’ under Executive Order 12866; differential voltage of the CPTs. TR 73– These SSIs specify a one-time (2) Is not a ‘‘significant rule’’ under 07 also divides the procedures by CPT inspection of total resistance, linearity DOT Regulatory Policies and Procedures Test Box P/N by providing separate resistant movement, excitation voltage, (44 FR 11034, February 26, 1979); procedures for test boxes modified by and differential voltage of the CPTs (3) Will not affect intrastate aviation Sikorsky Special Service Instructions using CPT Text Box P/N 76700–40009– in Alaska to the extent that it justifies (SSI) No. 76–96, dated August 19, 2016, 042. making a regulatory distinction; and

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(4) Will not have a significant following paragraph 3.B.(11) of Sikorsky of TR 73–08, except you are not required to economic impact, positive or negative, Maintenance Manual, SA 4047–76C–2, use Sikorsky’s CPT data sheet or return a on a substantial number of small entities Temporary Revision No. 73–08, dated failed CPT to Sikorsky. under the criteria of the Regulatory September 20, 2017 (TR 73–08), if using Test Box P/N 76700–40009–043. You are not (f) Credit for Previous Actions Flexibility Act. required to use Sikorsky’s CPT data sheet or Actions accomplished before the effective We prepared an economic evaluation submit a data sheet to Sikorsky. date of this AD in accordance with the of the estimated costs to comply with (ii) Measure the linearity resistance procedures specified in Sikorsky S–76 this AD and placed it in the AD docket. movement of each engine CPT and replace Helicopter Alert Service Bulletin ASB 76– the CPT if there is a linear abnormality or 73–8, Basic Issue, dated August 21, 2015; List of Subjects in 14 CFR Part 39 change in resistance that is not within Sikorsky Special Service Instruction SSI No. Air transportation, Aircraft, Aviation tolerance by following the Accomplishment 76–87, dated July 24, 2015; or Sikorsky safety, Incorporation by reference, Instructions, paragraphs 3.D.(1) through Special Service Instruction SSI No. 76–87, Safety. 3.D.(14)(b), of ASB 76–73–8A, if using Test Revision A, dated August 21, 2015, are Box P/N 76700–40009–042 or by following considered acceptable for compliance with Adoption of the Amendment paragraph 3.B.(12) of TR 73–08, if using Test the corresponding actions specified in Box P/N 76700–40009–043. You are not paragraph (e)(1) of this AD. Accordingly, under the authority required to use Sikorsky’s CPT data sheet or (g) Alternative Methods of Compliance delegated to me by the Administrator, submit a data sheet to Sikorsky. (AMOCs) the FAA amends 14 CFR part 39 as (iii) Measure the differential voltage of follows: each engine CPT and replace the CPT if the (1) The Manager, Boston ACO Branch, measured voltage is not within tolerance by FAA, may approve AMOCs for this AD. Send PART 39—AIRWORTHINESS following the Accomplishment Instructions, your proposal to: Nick Rediess, Aviation DIRECTIVES paragraphs 3.E. through 3.G.(1) of ASB 76– Safety Engineer, Boston ACO Branch, 73–8A, if using Test Box P/N 76700–40009– Compliance & Airworthiness Division, 1200 ■ 1. The authority citation for part 39 042 or by following paragraph 3.B.(13) of TR District Avenue, Burlington, MA 01803; continues to read as follows: 73–08, if using Test Box P/N 76700–40009– telephone (781) 238–7159; email 043. You are not required to use Sikorsky’s [email protected]. Authority: 49 U.S.C. 106(g), 40113, 44701. CPT data sheet or submit a data sheet to (2) For operations conducted under a 14 CFR part 119 operating certificate or under § 39.13 [Amended] Sikorsky. (2) Thereafter, at intervals not to exceed 14 CFR part 91, subpart K, we suggest that ■ 2. The FAA amends § 39.13 by adding 300 hours TIS: you notify your principal inspector, or the following new airworthiness (i) If using Test Box P/N 76700–40009–042: lacking a principal inspector, the manager of directive (AD): (A) Measure resistance of each engine CPT the local flight standards district office or and replace the CPT if the resistance is not certificate holding district office before 2018–10–07 Sikorsky Aircraft Corporation: within tolerance by following paragraph operating any aircraft complying with this Amendment 39–19282; Docket No. 4.B.(11) of Sikorsky Maintenance Manual, SA AD through an AMOC. FAA–2017–0874; Product Identifier 4047–76C–2, Temporary Revision No. 73–07, (h) Additional Information 2015–SW–082–AD. dated August 17, 2016 (TR 73–07), except Sikorsky S–76 Helicopter Alert Service you are not required to use Sikorsky’s CPT (a) Applicability Bulletin ASB 76–73–8, Basic Issue, dated data sheet or return a failed CPT to Sikorsky. This AD applies to Sikorsky Aircraft August 21, 2015; Sikorsky SA 4047–76C–2– (B) Measure the linearity resistance Corporation Model S–76C helicopters, 1, Temporary Revision No. 5–181, dated movement of each engine CPT and replace certificated in any category, with a August 21, 2015; Task 5–20–00 of Sikorsky the CPT if the movement exceeds tolerance Turbomeca, S.A., Arriel 2S1 or Arriel 2S2 Airworthiness Limitations and Inspection by following paragraphs 4.B.(12)(a) through engine with an engine collective position Requirements, Publication No. SA 4047– 4.B.(13)(f) of TR 73–07, except you are not transducer (CPT) part number 76900–01821– 76C–2–1, Revision 24, dated December 15, required to use Sikorsky’s CPT data sheet or 104 installed. 2015; Section 73–22–04 of Chapter 73 Engine return a failed CPT to Sikorsky. Fuel and Control, of Sikorsky Maintenance (b) Unsafe Condition (C) Measure the differential voltage of each Manual, SA 4047–76C–2, Revision 31, dated This AD defines the unsafe condition as CPT by following paragraphs 4.B.(14) December 15, 2015; Sikorksy Safety Advisory failure of a CPT. This condition could result through 4.B.(15)(h) of TR 73–07, except you No. SSA–S76–11–0002, dated May 17, 2011; in a reduction in power to one engine are not required to use Sikorsky’s CPT data Sikorsky Special Service Instruction (SSI) resulting in an annunciated momentary One sheet. If the maximum voltage is greater than No. 76–96, dated August 19, 2016; Sikorsky 100 millivolts or the minimum voltage is less SSI No. 76–87, dated July 24, 2015; and Engine Inoperative (OEI) condition and ¥ subsequent emergency landing. than 100 millivolts, replace the CPT. Sikorsky SSI No. 76–87, Revision A, dated (ii) For helicopters using Test Box P/N August 21, 2015, which are not incorporated (c) Effective Date 76700–40009–043: by reference, contain additional information This AD becomes effective June 25, 2018. (A) Measure resistance of each engine CPT about the subject of this AD. For service and replace the CPT if the resistance is not information identified in this AD, contact (d) Compliance within tolerance by following paragraph Sikorsky Aircraft Corporation, Customer You are responsible for performing each 5.B.(11) of TR 73–07 or paragraph 3.B.(11) of Service Engineering, 124 Quarry Road, action required by this AD within the TR 73–08, except you are not required to use Trumbull, CT 06611; telephone 1–800- specified compliance time unless it has Sikorsky’s CPT data sheet or return a failed Winged-S or 203–416–4299; email wcs_cust_ already been accomplished prior to that time. CPT to Sikorsky. [email protected]. You may (B) Measure the resistance linearity of each review a copy of this service information at (e) Required Actions engine CPT and replace the CPT if the the FAA, Office of the Regional Counsel, (1) Within 130 hours time-in-service (TIS): resistance is not within tolerance by Southwest Region, 10101 Hillwood Pkwy, (i) Measure resistance of each engine CPT following paragraph 5.B.(12) of TR 73–07 or Room 6N–321, Fort Worth, TX 76177. and replace the CPT if the measured paragraph 3.B.(12) of TR 73–08, except you resistance is not within tolerance by are not required to use Sikorsky’s CPT data (i) Subject following the Accomplishment Instructions, sheet or return a failed CPT to Sikorsky. Joint Aircraft Service Component (JASC) paragraphs 3.C.(1) through 3.C.(8)(b), of (C) Measure the differential voltage of each Code: 7600, Engine Controls. Sikorsky S–76 Helicopter Alert Service engine CPT and replace the CPT if the Bulletin ASB 76–73–8, Revision A, dated resistance is not within tolerance by (j) Material Incorporated by Reference December 4, 2015 (ASB 76–73–8A), if using following paragraphs 5.B.(13)(a) through (1) The Director of the Federal Register Test Box P/N 76700–40009–042 or by 5.B.(13)(k) of TR 73–07 or paragraph 3.B.(13) approved the incorporation by reference of

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the service information listed in this human food. In a declaratory order distributors and other members of the paragraph under 5 U.S.C. 552(a) and 1 CFR announcing our final determination, we food industry that they have an part 51. set a compliance date of June 18, 2018. obligation to ensure that the food they (2) You must use this service information We are now extending the compliance manufacture, distribute, sell, or as applicable to do the actions required by this AD, unless the AD specifies otherwise. date for certain uses of PHOs. otherwise market complies with the (i) Sikorsky S–76 Helicopter Alert Service DATES: Compliance dates: See sections II Federal Food, Drug, and Cosmetic Act Bulletin ASB 76–73–8, Revision A, dated and III of this document. (FD&C Act) (80 FR 34650 at 34655). December 4, 2015. FOR FURTHER INFORMATION CONTACT: In the Federal Register of October 28, (ii) Sikorsky Maintenance Manual, SA Ellen Anderson, Center for Food Safety 2015 (80 FR 65978), we published a 4047–76C–2, Temporary Revision No. 73–07, and Applied Nutrition (HFS–265), Food document announcing that we had filed dated August 17, 2016. and Drug Administration, 5001 Campus a food additive petition submitted by (iii) Sikorsky Maintenance Manual, SA the Grocery Manufacturers Association 4047–76C–2, Temporary Revision No. 73–08, Dr., College Park, MD 20740, 240–402– 1309, email: ellen.anderson@ (GMA) seeking approval for certain uses dated September 20, 2017. of PHOs in or on select foods. We (3) For Sikorsky service information fda.hhs.gov. initially filed the food additive petition identified in this AD, contact Sikorsky SUPPLEMENTARY INFORMATION: Aircraft Corporation, Customer Service on October 1, 2015. GMA subsequently Engineering, 124 Quarry Road, Trumbull, CT I. Background amended their food additive petition, 06611; telephone 1–800-Winged-S or 203– and it was re-filed on March 7, 2017. 416–4299; email wcs_cust_service_eng.gr- In the Federal Register of June 17, The amended food additive petition [email protected]. 2015 (80 FR 34650), we issued a final requested that the food additive (4) You may view this service information determination that there is no longer a regulations be amended to provide for at FAA, Office of the Regional Counsel, consensus among qualified experts that the safe use of PHOs in certain food Southwest Region, 10101 Hillwood Pkwy, PHOs are GRAS for any use in human applications. Elsewhere in this issue of Room 6N–321, Fort Worth, TX 76177. For food. Because PHOs are the primary the Federal Register, we have published information on the availability of this dietary source of IP–TFA, FDA’s material at the FAA, call (817) 222–5110. a document announcing our denial of evaluation of the GRAS status of PHOs this food additive petition. (5) You may view this service information centered on the trans fatty acid that is incorporated by reference at the For purposes of this document National Archives and Records component of these fats and oils. We extending the compliance date for Administration (NARA). For information on based our determination on available certain uses of PHOs, we refer to the the availability of this material at NARA, call scientific evidence and the findings of specified uses of PHOs in GMA’s food (202) 741–6030, or go to: http:// expert scientific panels establishing the additive petition as the ‘‘petitioned www.archives.gov/federal-register/cfr/ibr- health risks associated with the uses’’ and all other uses of PHOs not locations.html. consumption of trans fat. FDA’s authorized by FDA as ‘‘non-petitioned Issued in Fort Worth, Texas, on May 9, determination identified significant uses.’’ We refer to ‘‘manufacturing’’ in 2018. human health risks, namely an this document as making food from one Lance T. Gant, increased risk of coronary heart disease, or more ingredients, or synthesizing, Director, Compliance & Airworthiness associated with the consumption of preparing, treating, modifying or Division, Aircraft Certification Service. trans fat (78 FR 67169 at 67172; 80 FR manipulating food, including food crops [FR Doc. 2018–10581 Filed 5–18–18; 8:45 am] 34650 at 34659). or ingredients. See 21 CFR 1.227. The order established a 3-year BILLING CODE 4910–13–P On March 23, 2018, the Consolidated compliance date, to June 18, 2018, to Appropriations Act, 2018, (Pub. L. 115– allow time for food manufacturers using 141) was enacted into law. Section 738 PHOs to identify suitable replacement of the Consolidated Appropriations Act, DEPARTMENT OF HEALTH AND ingredients for PHOs and to reformulate HUMAN SERVICES 2018, provided that no PHOs, as defined and modify labeling of affected in our declaratory order, shall be Food and Drug Administration products. The 3-year compliance date deemed unsafe within the meaning of was also intended to allow time for section 409(a) of the FD&C Act (21 21 CFR Part 172 submission and review and, if U.S.C. 348(a)) and no food that is applicable requirements were met, introduced or delivered for introduction [Docket No. FDA–2013–N–1317] approval of food additive petitions for into interstate commerce that bears or uses of PHOs for which industry or contains a partially hydrogenated oil Final Determination Regarding other interested individuals believe that shall be deemed adulterated under Partially Hydrogenated Oils safe conditions of use may be sections 402(a)(1) or (a)(2)(C)(i) of the AGENCY: Food and Drug Administration, prescribed. Finally, this compliance FD&C Act (21 U.S.C. 342(a)(1) or HHS. date was also intended to give (a)(2)(C)(i)) by virtue of bearing or ACTION: Notification; declaratory order; manufacturers time to exhaust existing containing a partially hydrogenated oil, extension of compliance date. inventories and give distributors and until June 18, 2018. retailers time to distribute products with SUMMARY: Based on the available PHOs (80 FR 34650 at 34669). We based II. Extension of the Compliance Date for scientific evidence and the findings of the compliance date on the information Certain Uses expert scientific panels, the Food and available, including comments on the We have been informed by a number Drug Administration (FDA or we) made proposed order (80 FR 34650 at 34668 of trade associations representing many a final determination that there is no to 34669). segments of the food industry that they longer a consensus among qualified In the 2015 final order, we stated that have replaced the PHO uses that are not experts that partially hydrogenated oils food that is adulterated may be subject covered by the food additive petition (PHOs), which are the primary dietary to seizure and distributors, (the non-petitioned uses) and thus will source of industrially produced trans manufacturers, and other parties be able to stop using PHOs by the June fatty acids (IP–TFA), are generally responsible for such food may be subject 18, 2018, compliance date (Ref. 1). recognized as safe (GRAS) for any use in to injunction. We also reminded However, the trade associations also

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have informed us that, due to shelf lives appropriate given the range of shelf 50 ppm (50 mg/kg) IP–TFA to the ranging from 3 to 24 months, a variety lives brought to our attention and the 3- finished food as consumed; of products containing non-petitioned year original compliance date. • PHO, or a blend of PHOs, used as uses of PHOs will be in distribution on, a pan release agent for baked goods at B. Petitioned Uses and for some time after, the compliance levels up to 0.2 grams/100 grams (0.2 g/ date in the final order (Ref. 1). In In light of our denial of GMA’s food 100 g) in pan release spray oils, addition, the trade associations have additive petition, we acknowledge that provided the PHO contributes no more informed us that, if we deny the food the food industry needs additional time than 0.14 g IP–TFA/100 g spray oil. additive petition, they will need to identify suitable replacement The petitioned uses excluded dietary additional time beyond June 18, 2018, to substances for the petitioned uses of supplements. The physical and remove and replace the petitioned uses PHOs and that the food industry may technical effects of the petitioned uses and deplete the product in distribution not have done so for the petitioned uses of PHOs were specified as: Release (Refs. 1 and 2). FDA has considered while the petition was under our agents, either alone or in combination these requests as well as the health review. Industry has indicated that 12 with other components (§ 170.3(o)(18) benefits of removing the uses of PHOs months could be a reasonable timeframe (21 CFR 170.3(o)(18))); processing aids in food manufacturing and is revising for reformulation activities (Ref 1). or components thereof (§ 170.3(o)(24)); the compliance date for certain uses. Therefore, we are extending the and as solvents, carriers, and vehicles compliance date to June 18, 2019, for for fat soluble coloring agents, flavoring A. Non-Petitioned Uses the manufacturing of food with the agents, and flavor enhancers Foods manufactured after June 18, petitioned uses of PHOs. Food (§ 170.3(o)(27)). 2018 with non-petitioned uses of PHOs manufactured with the petitioned uses In addition, for food manufactured may be subject to enforcement action by after June 18, 2019, may be subject to with the petitioned uses before June 18, FDA. Based on the recent industry enforcement action by FDA. 2019, we are extending the compliance information, FDA understands The petitioned uses are as follows: date to January 1, 2021. This time frame additional time is needed for products • PHO, or a blend of PHOs, used as will allow manufacturers, distributors, manufactured (domestically and a solvent or carrier, or a component and retailers to exhaust product internationally) before June 18, 2018, to thereof, for flavoring agents, flavor inventory of foods made with the work their way through distribution. enhancers, and coloring agents intended petitioned uses before the Therefore, we are extending the for food use, provided the PHOs in the manufacturing compliance date. All compliance date of food products that solvent or carrier contribute no more foods containing unauthorized uses of were manufactured before June 18, than 150 parts per million (ppm) (150 PHOs after January 1, 2021, may be 2018, with non-petitioned uses of PHO. milligrams per kilogram (mg/kg)) IP– subject to FDA enforcement action. The new compliance date for these TFA to the finished food as consumed; products is January 1, 2020. After • PHO, or a blend of PHOs, used as III. Compliance Dates January 1, 2020, such foods may be a processing aid, or a component For convenience, we are summarizing subject to enforcement action by FDA. thereof, provided the PHOs in the the extended compliance dates as FDA believes an 18-month extension is processing aid contribute no more than follows:

Extended Product uses Original compliance date compliance date

Non-Petitioned Uses

Manufacturing of food with non-petitioned uses of PHOs ...... June 18, 2018 ...... Not Extended. Foods manufactured with non-petitioned uses of PHOs before June 18, 2018 ...... June 18, 2018 ...... January 1, 2020.

Petitioned Uses *

Manufacturing of food with the petitioned uses of PHOs ...... June 18, 2018 ...... June 18, 2019. Foods manufactured with the petitioned uses of PHOs before June 18, 2019 ...... June 18, 2018 ...... January 1, 2021. * Petitioned uses exclude use in dietary supplements and are limited to: • PHO, or a blend of PHOs, used as a pan release agent for baked goods at levels up to 0.2 grams/100 grams (0.2 g/100 g) in pan release spray oils, provided the PHO contributes no more than 0.14 g IP–TFA/100 g spray oil; • PHO, or a blend of PHOs, used as a solvent or carrier, or a component thereof, as defined in § 170.3(o)(27), for flavoring agents, flavor enhancers, and coloring agents intended for food use, provided the PHOs in the solvent or carrier contribute no more than 150 parts per million (ppm) (150 milligrams per kilogram (mg/kg)) IP–TFA to the finished food as consumed; and • PHO, or a blend of PHOs, used as a processing aid, or a component thereof, as defined in § 170.3(o)(24) and 21 CFR 101.100(a)(3)(ii), pro- vided the PHOs in the processing aid contribute no more than 50 ppm (50 mg/kg) IP–TFA to the finished food as consumed.

IV. References 1. Letter from the American Bakers Dated: May 15, 2018. Association, et al., to Dr. Scott Gottlieb, Leslie Kux, The following references are on Commissioner, Food and Drug Associate Commissioner for Policy. display in the Dockets Management Administration (April 30, 2018) (sent by Staff (HFA–305), Food and Drug electronic mail). [FR Doc. 2018–10714 Filed 5–18–18; 8:45 am] Administration, 5630 Fishers Lane, Rm. 2. Letter from Leon H. Bruner, DVM, Ph.D., BILLING CODE 4164–01–P 1061, Rockville, MD 20852, and are Senior Vice President, Science and Regulatory Affairs and Chief Science available for viewing by interested Officer, Grocery Manufacturers persons between 9 a.m. and 4 p.m., Association, to Dr. Scott Gottlieb, Monday through Friday. Commissioner, Food and Drug Administration (April 27, 2018).

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DEPARTMENT OF JUSTICE process all requests expeditiously. To have sufficient federalism implications address this issue, the Assistant to warrant the preparation of a 28 CFR Part 0 Attorney General for the Criminal Federalism Assessment. Division is modifying Directive 81A of [Directive No. 81C] Executive Order 12988—Civil Justice the Appendix to Subpart K of Part 0 to Reform Delegation of Authority extend the re-delegation of authority to Associate Directors who supervise OIA’s This rule was drafted in accordance AGENCY: Office of the Assistant Attorney regional teams and designated units as with the applicable standards set forth General, Criminal Division, Department persons who may make MLA requests. of Justice. in sections 3(a) and 3(b)(2) of Executive Associate Directors are among the most Order 12988. ACTION: Final rule. experienced attorneys within the organization and are responsible for Unfunded Mandates Reform Act of SUMMARY: The Attorney General has providing legal and policy guidance to 1955 delegated to the Assistant Attorney the Assistant Attorney General and General for the Criminal Division, with This rule will not result in the Deputy Assistant Attorneys General. certain restrictions, the authority to expenditure by State, local and tribal Authorizing these senior supervisory perform the functions of the ‘‘Central governments, in the aggregate, or by the attorneys to make MLA requests to Authority’’ or ‘‘Competent Authority’’ private sector of $100,000,000 or more foreign central authorities is under treaties and executive agreements in any one year, and it will not commensurate with their existing duties between the United States and other significantly or uniquely affect small and provides OIA with the capability to countries on mutual assistance in governments. Therefore, no actions were process these requests more efficiently, criminal matters that designate the deemed necessary under the provisions avoid unnecessary delays, and more Attorney General or the Department of of the Unfunded Mandates Reform Act effectively satisfy the demand for Justice as such authority. The Assistant of 1995. international evidence from U.S. law Attorney General for the Criminal enforcement. Congressional Review Act Division has re-delegated this authority to the Deputy Assistant Attorneys Administrative Procedure Act—5 This action pertains to agency General, and to the Director and Deputy U.S.C. 553 management, personnel, and Directors, of the Office of International This rule is a rule of agency organizations and does not substantially Affairs (OIA). The Assistant Attorney organization and relates to a matter affect the rights or obligations of non- General for the Criminal Division relating to agency management and is agency parties and, accordingly, is not further re-delegates the authority to therefore exempt from the requirements a ‘‘rule’’ as that term is used by the make requests under treaties and of prior notice and comment and a 30- Congressional Review Act, 5 U.S.C. executive agreements on mutual day delay in the effective date. See 5 804(3)(B). Therefore, the reporting assistance in criminal matters to the U.S.C. 553(a)(2), 553(b)(3)(A). requirement of 5 U.S.C. 801 does not Associate Directors of OIA. This final apply. rule will amend the Appendix to Regulatory Flexibility Act Subpart K of Part 0 to expand the list A Regulatory Flexibility Analysis is List of Subjects in 28 CFR Part 0 of persons who may exercise the not required to be prepared for this final Authority delegations (Government authority to make mutual assistance rule because the Department was not agencies), Counterterrorism, Crime, requests in criminal matters to include required to publish a general notice of Government employees, Law OIA’s Associate Directors. proposed rulemaking for this matter. enforcement, National security DATES: This rule is effective May 21, See 5 U.S.C. 604(a). information, Organization and functions 2018. Executive Order 12866—Regulatory (Government agencies), Privacy, FOR FURTHER INFORMATION CONTACT: Planning and Review Reporting and recordkeeping Vaughn Ary, Director, Office of This action has been drafted and requirements, Terrorism, International Affairs, Criminal Division, reviewed in accordance with Executive Whistleblowing. U.S. Department of Justice, Washington, Order 12866, Regulatory Planning and For the reasons stated in the DC 20005; Telephone (202) 514–0000. Review, section 1(b), Principles of preamble, Title 28, Part 0, of the Code SUPPLEMENTARY INFORMATION: The Office Regulation. This rule is limited to of Federal Regulations is amended as set of International Affairs (OIA) serves as agency organization, management, and forth below: the United States Central Authority with personnel as described in section 3(d)(3) respect to all requests for information of Executive Order 12866 and, therefore, PART 0—ORGANIZATION OF THE and evidence received from and made to is not a ‘‘regulation’’ or ‘‘rule’’ as DEPARTMENT OF JUSTICE foreign authorities under mutual legal defined by the order. Accordingly, this assistance treaties and multilateral action has not been reviewed by the ■ 1. The authority citation for part 0 conventions regarding assistance in Office of Management and Budget. continues to read as follows: criminal matters. OIA’s inventory of pending mutual legal assistance (MLA) Executive Order 13132—Federalism Authority: 5 U.S.C. 301; 28 U.S.C. 509, requests has grown substantially in This rule will not have substantial 510, 515–519. recent years. OIA received over 1,400 direct effects on the States, on the ■ 2. The Appendix to Subpart K of Part new MLA requests from U.S. relationship between the national 0 is amended by removing Directive No. prosecutors for foreign evidence in government and the States, or on 81A and adding Directive No. 81C in FY17, the most since OIA’s inception in distribution of power and alphanumeric order, to read as follows: 1979. With only three senior leaders responsibilities among the various (the Director and two Deputy Directors) levels of government. Therefore, in Appendix to Subpart K of Part 0— authorized to make these requests, it can accordance with Executive Order 12612, Criminal Division be difficult for OIA to review and it is determined that this rule does not * * * * *

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[Directive No. 81C] FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND Re-Delegation of Authority to Deputy you have questions on this temporary SECURITY Assistant Attorneys General, Criminal deviation, call or email Mr. Steven Division, and Director and Deputy Directors Fischer, Bridge Administrator, Coast Guard of the Office of International Affairs To Act Thirteenth Coast Guard District; Under Treaties and Executive Agreements telephone 206–220–7282, email d13-pf- 33 CFR Part 117 on Mutual Assistance in Criminal Matters; [email protected]. and Re-Delegation of Authority To Make [Docket No. USCG–2018–0405] Requests Under Treaties and Executive SUPPLEMENTARY INFORMATION: Agreements on Mutual Assistance in Drawbridge Operation Regulation; Multnomah County, Oregon owns the Atlantic Intracoastal Waterway (AIWW), Criminal Matters to the Associate Directors Burnside Bridge, crossing the of the Office of International Affairs Wrightsville Beach, NC and Northeast Willamette River, mile 12.4, at Portland, Cape Fear River, Wilmington, NC By virtue of the authority vested in me by OR, and has requested a temporary § 0.64–1 of Title 28 of the Code of Federal AGENCY: Coast Guard, DHS. Regulations, the Authority delegated to me deviation from the operating schedule. by that section to exercise all of the power The requested deviation is to ACTION: Notice of deviation from and authority vested in the Attorney General accommodate the Spirit Mountain drawbridge regulation. under treaties and executive agreements on Casino Grand Floral Parade. To facilitate mutual assistance in criminal matters is SUMMARY: The Coast Guard has issued a this event, the draw of the subject bridge temporary deviation from the operating hereby re-delegated to each of the Deputy will be authorized to remain in the Assistant Attorneys General, Criminal schedules that govern the S.R. 74 Division, and to the Director and Deputy closed-to-navigation position to marine (Wrightsville Beach) Bridge across the Directors of the Office of International traffic. This deviation period is from 7 Atlantic Intracoastal Waterway (AIWW), Affairs, Criminal Division. In addition, I a.m. to 2 p.m. on June 9, 2018. mile 283.1, at Wrightsville Beach, NC, hereby re-delegate the authority to make The Burnside Bridge provides a and the Isabel S. Holmes Bridge across requests under treaties and executive vertical clearance of 41 feet in the the Northeast Cape Fear River, mile 1.0, agreements on mutual assistance in criminal at Wilmington, NC. The deviation is matters to the Associate Directors of the closed-to-navigation position referenced Office of International Affairs, Criminal to Columbia River Datum 0.0. The necessary to accommodate the free Division. normal operating schedule is in 33 CFR movement of pedestrians and vehicles during the 11th Annual Ironman Dated: May 10, 2018. 117.897. Waterway usage on this part of the Willamette River includes vessels Triathlon. This deviation allows these John P. Cronan, bridges to remain in their closed-to- Acting Assistant Attorney General. ranging from commercial tug and barge to small pleasure craft. The Coast Guard navigation position. [FR Doc. 2018–10703 Filed 5–18–18; 8:45 am] contacted all known users of the DATES: The deviation is effective from BILLING CODE P Willamette River for comment, and we 7:30 a.m. to 3 p.m. on October 13, 2018. received no objections for this ADDRESSES: The docket for this deviation. deviation, [USCG–2018–0405], is DEPARTMENT OF HOMELAND available at http://www.regulations.gov. Vessels able to pass through the SECURITY Type the docket number in the bridge in the closed-to-navigation ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Coast Guard position may do so at any time. The Click on Open Docket Folder on the line bridge will be able to open the span associated with this deviation. 33 CFR Part 117 only for emergencies, and there is no FOR FURTHER INFORMATION CONTACT: If [Docket No. USCG–2018–0452] immediate alternate route for vessels to you have questions on this temporary pass. The Coast Guard will inform the deviation, call or email Ms. Kashanda Drawbridge Operation Regulation; users of the waterway, through our Booker, Bridge Administration Branch Willamette River at Portland, OR Local and Broadcast Notices to Fifth District, Coast Guard; telephone AGENCY: Coast Guard, DHS. Mariners, of the change in operating 757–398–6227, email schedule for the bridges so that vessels ACTION: Notice of deviation from [email protected]. drawbridge regulation. can arrange their transits to minimize SUPPLEMENTARY INFORMATION: The any impact caused by the temporary Quintiles Wrightsville Beach Marathon SUMMARY: The Coast Guard has issued a deviation. Committee, with approval from the temporary deviation from the operating In accordance with 33 CFR 117.35(e), North Carolina Department of schedule that governs the Burnside the drawbridge must return to its regular Transportation, owner and operator of Bridge across the Willamette River, mile operating schedules immediately at the the S.R. 74 (Wrightsville Beach) Bridge 12.4, at Portland, OR. The deviation is end of the effective period of this and the Isabel S. Holmes Bridge, has necessary to accommodate a city parade temporary deviation. This deviation requested a temporary deviation from event. This deviation allows the double from the operating regulations is the current operating regulations to bascule bridge to remain in the closed- authorized under 33 CFR 117.35. accommodate the free movement of to-navigation position. pedestrians and vehicles during the DATES: This deviation is effective from Dated: May 15, 2018. 11th Annual Ironman Triathlon. The 7 a.m. to 2 p.m. on June 9, 2018. Steven M. Fischer, two bridges are both double bascule ADDRESSES: The docket for this Bridge Administrator, Thirteenth Coast Guard bridges and have vertical clearances in deviation, USCG–2018–0452 is available District. the closed position of 20 feet and 40 at http://www.regulations.gov. Type the [FR Doc. 2018–10701 Filed 5–18–18; 8:45 am] feet, respectively, above mean high docket number in the ‘‘SEARCH’’ box BILLING CODE 9110–04–P water. and click ‘‘SEARCH.’’ Click on Open The current operating schedule is set Docket Folder on the line associated out in 33 CFR 117.821(a)(4) and 33 CFR with this deviation. 117.829(a), respectively. Under this

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temporary deviation, the S.R. 74 certain navigable waters of the Corpus scheduled date of the fireworks and (Wrightsville Beach) Bridge will be Christi Ship Channel. This safety zone compromise public safety. maintained in the closed-to-navigation is necessary to provide for the safety of Under 5 U.S.C. 553(d)(3), the Coast position from 6:30 a.m. to 10 a.m. on life, property, and the marine Guard finds that good cause exists for October 13, 2018, and the Isabel S. environment on these navigable waters making this rule effective less than 30 Holmes Bridge will also be maintained near the Whataburger Field during days after publication in the Federal in the closed-to-navigation position fireworks displays on May 27, July 4, Register. Delaying the effective date of from 7:30 a.m. to 3 p.m. on October 13, and July 5, 2018. Entry of vessels or this rule would be contrary to the public 2018. The Atlantic Intracoastal persons into the zone is prohibited interest because immediate action is Waterway is used by a variety of vessels unless authorized by the Captain of the necessary to ensure the safety of vessels including small commercial fishing Port Sector Corpus Christi or a and persons during the fireworks vessels and recreational vessels. The designated representative. displays. Northeast Cape Fear River is used by a DATES: This rule is effective from 8:45 III. Legal Authority and Need for Rule variety of vessels including small p.m. through 10:45 p.m. each day on The Coast Guard is issuing this rule commercial fishing vessels, recreational May 27, July 4, and July 5, 2018. vessels, and tug and barge traffic. The under authority in 33 U.S.C. 1231. The ADDRESSES: To view documents Coast Guard has carefully considered Captain of the Port Sector Corpus mentioned in this preamble as being Christi (COTP) has determined that the nature and volume of vessel traffic available in the docket, go to http:// on the waterway in publishing this potential hazards associated with the www.regulations.gov, type USCG–2018– fireworks displays occurring on May 27, temporary deviation. 0339 in the ‘‘SEARCH’’ box and click Vessels able to pass through these 2018, July 4, and July 5, 2018 will be a ‘‘SEARCH.’’ Click on Open Docket bridges in their closed positions may do safety concern for anyone within a 500- Folder on the line associated with this so at any time. These bridges will be foot radius of the fireworks launch rule. able to open for emergencies and there location at the Whataburger Field are no immediate alternative routes for FOR FURTHER INFORMATION CONTACT: If parking lot. This rule is necessary to vessels unable to pass through the you have questions about this notice of ensure the safety of persons, vessels, bridges in their closed positions. The enforcement, call or email Petty Officer and the marine environment before, Coast Guard will also inform the users Kevin Kyles, Waterways Management during, and after the scheduled of the waterways through Local and Division, U.S. Coast Guard; telephone fireworks displays. 361–939–5125, email Kevin.L.Kyles@ Broadcast Notices to Mariners of the IV. Discussion of the Rule change in operating schedules for these uscg.mil. The COTP proposes to establish a bridges so that vessel operators can SUPPLEMENTARY INFORMATION: arrange their transits to minimize any safety zone from 8:45 p.m. through impact caused by the temporary I. Table of Abbreviations 10:45 p.m., each day on May 27, July 4, deviation. CFR Code of Federal Regulations and July 5, 2018. The safety zone would In accordance with 33 CFR 117.35(e), COTP Captain of the Port Sector Corpus cover all navigable waters within 500 these drawbridges must return to their Christi feet of the fireworks launch location in regular operating schedules DHS Department of Homeland Security the Whataburger Field parking lot at FR Federal Register approximate position 27°48′39.2″ N, immediately at the end of the effective ° ′ ″ periods of this temporary deviation. NPRM Notice of proposed rulemaking 097 23 55.2 W, in Corpus Christi, TX. § Section The duration of the zone is intended to This deviation from the operating U.S.C. United States Code regulations is authorized under 33 CFR protect the public from the fireworks 117.35. II. Background Information and display before, during, and after the Regulatory History scheduled fireworks display. No vessel Dated: May 15, 2018. or person is permitted to enter the safety Hal R. Pitts, The Coast Guard is issuing this zone without obtaining permission from Bridge Program Manager, Fifth Coast Guard temporary rule without prior notice and the COTP or a designated District. opportunity to comment pursuant to representative. The COTP or a [FR Doc. 2018–10695 Filed 5–18–18; 8:45 am] authority under section 4(a) of the designated representative will inform BILLING CODE 9110–04–P Administrative Procedure Act (APA) (5 the public of the enforcement times and U.S.C. 553(b)). This provision date for this safety zone through authorizes an agency to issue a rule Broadcast Notices to Mariners (BNMs), DEPARTMENT OF HOMELAND without prior notice and opportunity to Local Notices to Mariners (LNMs), and/ SECURITY comment when the agency for good or Marine Safety Information Bulletins cause finds that those procedures are (MSIBs) as appropriate. Coast Guard ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. V. Regulatory Analyses 33 CFR Part 165 553(b)(3)(B), the Coast Guard finds that We developed this rule after [Docket Number USCG–2018–0339] good cause exists for not publishing a considering numerous statutes and notice of proposed rulemaking (NPRM) Executive orders related to rulemaking. RIN 1625–AA00 with respect to this rule because it Below we summarize our analyses would be impracticable. This safety based on a number of these statutes and Safety Zone; Corpus Christi Ship zone must be established by May 27, Channel, Corpus Christi, TX Executive orders, and we discuss First 2018 and we lack sufficient time to Amendment rights of protestors. AGENCY: Coast Guard, DHS. provide a reasonable comment period A. Regulatory Planning and Review ACTION: Temporary final rule. and then consider those comments before issuing this rule. The NPRM Executive Orders 12866 and 13563 SUMMARY: The Coast Guard is process would delay the establishment direct agencies to assess the costs and establishing a temporary safety zone for of the safety zone until after the benefits of available regulatory

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alternatives and, if regulation is the Small Business and Agriculture F. Environment necessary, to select regulatory Regulatory Enforcement Ombudsman We have analyzed this rule under approaches that maximize net benefits. and the Regional Small Business Department of Homeland Security Executive Order 13771 directs agencies Regulatory Fairness Boards. The Directive 023–01 and Commandant to control regulatory costs through a Ombudsman evaluates these actions Instruction M16475.1D, which guide the budgeting process. This rule has not annually and rates each agency’s Coast Guard in complying with the been designated as a ‘‘significant responsiveness to small business. If you National Environmental Policy Act of regulatory action,’’ under Executive wish to comment on actions by 1969(42 U.S.C. 4321–4370f), and have Order 12866. Accordingly, this rule has employees of the Coast Guard, call 1– determined that this action is one of a not been reviewed by the Office of 888–REG–FAIR (1–888–734–3247). The category of actions that do not Management and Budget (OMB), and Coast Guard will not retaliate against individually or cumulatively have a pursuant to OMB guidance it is exempt small entities that question or complain from the requirements of Executive significant effect on the human about this rule or any policy or action environment. This rule involves safety Order 13771. of the Coast Guard. This regulatory action determination zones lasting one hour each that would is based on the size, location, duration, C. Collection of Information prohibit entry within 500 feet of the and time-of-day of the safety zones. fireworks launch location. It is This rule will not call for a new Vessel traffic would be able to safely categorically excluded from further collection of information under the transit around this safety zone, which review under paragraph L60(a) of would impact less than a 500-foot Paperwork Reduction Act of 1995 (44 Appendix A, Table 1 of DHS Instruction designated area of the Corpus Christi U.S.C. 3501–3520). Manual 023–01–001–01, Rev. 01. A Ship Channel for two hours on three D. Federalism and Indian Tribal Record of Environmental Consideration separate evenings when vessel traffic is Governments supporting this determination is normally low. Moreover, the Coast available in the docket where indicated Guard will issue Broadcast Notice to A rule has implications for federalism under ADDRESSES. Mariners (BNMs) via VHF–FM marine under Executive Order 13132, G. Protest Activities channel 16 about the zones and the rule Federalism, if it has a substantial direct allows vessels to seek permission to effect on the States, on the relationship The Coast Guard respects the First enter the zone. between the national government and Amendment rights of protesters. the States, or on the distribution of Protesters are asked to contact the B. Impact on Small Entities power and responsibilities among the person listed in the FOR FURTHER The Regulatory Flexibility Act of various levels of government. We have INFORMATION CONTACT section to 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and coordinate protest activities so that your requires Federal agencies to consider have determined that it is consistent message can be received without the potential impact of regulations on with the fundamental federalism jeopardizing the safety or security of small entities during rulemaking. The principles and preemption requirements people, places or vessels. term ‘‘small entities’’ comprises small described in Executive Order 13132. List of Subjects in 33 CFR Part 165 businesses, not-for-profit organizations Also, this rule does not have tribal that are independently owned and Harbors, Marine safety, Navigation implications under Executive Order operated and are not dominant in their (water), Reporting and recordkeeping 13175, Consultation and Coordination fields, and governmental jurisdictions requirements, Security measures, with Indian Tribal Governments, with populations of less than 50,000. Waterways. because it does not have a substantial The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian For the reasons discussed in the 605(b) that this rule will not have a tribes, on the relationship between the preamble, the Coast Guard amends 33 significant economic impact on a Federal Government and Indian tribes, CFR part 165 as follows: substantial number of small entities. or on the distribution of power and While some owners or operators of PART 165—REGULATED NAVIGATION responsibilities between the Federal vessels intending to transit the safety AREAS AND LIMITED ACCESS AREAS Government and Indian tribes. If you zone may be small entities, for the believe this rule has implications for reasons stated in section V.A above, this ■ 1. The authority citation for part 165 federalism or Indian tribes, please rule will not have a significant continues to read as follows: contact the person listed in the FOR economic impact on any vessel owner Authority: 33 U.S.C. 1231; 50 U.S.C. 191; FURTHER INFORMATION CONTACT section or operator. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Under section 213(a) of the Small above. Department of Homeland Security Delegation Business Regulatory Enforcement E. Unfunded Mandates Reform Act No. 0170.1. Fairness Act of 1996 (Pub. L. 104–121), ■ 2. Add § 165.T08–0339 to read as we want to assist small entities in The Unfunded Mandates Reform Act follows: understanding this rule. If the rule of 1995 (2 U.S.C. 1531–1538) requires would affect your small business, Federal agencies to assess the effects of § 165.T08–0339 Safety Zones; Corpus organization, or governmental their discretionary regulatory actions. In Christi Ship Channel, Corpus Christi, TX. jurisdiction and you have questions particular, the Act addresses actions (a) Location. The following area is a concerning its provisions or options for that may result in the expenditure by a safety zone for each of the events compliance, please contact the person State, local, or tribal government, in the occurring on May 27, July 4, and July 5, listed in the FOR FURTHER INFORMATION aggregate, or by the private sector of 2018: all navigable waters encompassing CONTACT section. $100,000,000 (adjusted for inflation) or a 500-foot radius around a fireworks Small businesses may send comments more in any one year. Though this rule display in position 27°48′39.2″ N, on the actions of Federal employees will not result in such an expenditure, 097°23′55.2″ W, in Corpus Christi, TX. who enforce, or otherwise determine we do discuss the effects of this rule (b) Effective period. This section is compliance with, Federal regulations to elsewhere in this preamble. effective from 8:45 p.m. through 10:45

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p.m. each day on May 27, July 4, and www.regulations.gov, type USCG–2018– and the marine environment in the July 5, 2018. 0266 in the ‘‘SEARCH’’ box and click navigable waters within the safety zone (c) Regulations. (1) In accordance with ‘‘SEARCH.’’ Click on Open Docket while the fireworks are being displayed. the general regulations in § 165.23 of Folder on the line associated with this IV. Discussion of the Rule this part, entry into these zones is rule. prohibited unless authorized by the FOR FURTHER INFORMATION CONTACT: If This rule establishes a safety zone Captain of the Port Sector Corpus you have questions on this temporary from 9 p.m. through 10 p.m. on May 24, Christi (COTP) or a designated rule, call or email Tracy Girard, 2018. The safety zone will encompass representative. Prevention Department, Sector Detroit, all U.S. navigable waters of Lake St. (2) Persons or vessels seeking to enter Clair, Harrison Twp, MI, within a 420- Coast Guard; telephone 313–568–9564, ° ′ the safety zones must request or email [email protected]. foot radius of position 42 23.132 N, permission from the COTP or a 082°53.740′ W (NAD 83). No vessel or SUPPLEMENTARY INFORMATION: designated representative on VHF–FM person will be permitted to enter the channel 16 or by telephone at 361–939– I. Table of Abbreviations safety zone without obtaining 0450. CFR Code of Federal Regulations permission from the COTP or a (3) If permission is granted, all COTP Captain of the Port Detroit designated representative. persons and vessels shall comply with DHS Department of Homeland Security V. Regulatory Analyses the instructions of the COTP or FR Federal Register designated representative. NPRM Notice of Proposed Rulemaking We developed this rule after (d) Information broadcasts. The COTP § Section considering numerous statutes and or a designated representative will U.S.C. United States Code Executive orders related to rulemaking. inform the public of the enforcement II. Background Information and Below we summarize our analyses times and date for this safety zone Regulatory History based on a number of these statutes and through Broadcast Notices to Mariners Executive orders, and we discuss First (BNMs), Local Notices to Mariners The Coast Guard is issuing this Amendment rights of protestors. temporary rule without prior notice and (LNMs), and/or Marine Safety A. Regulatory Planning and Review Information Bulletins (MSIBs) as opportunity to comment pursuant to appropriate. authority under section 4(a) of the Executive Orders 12866 and 13563 Administrative Procedure Act (APA) (5 direct agencies to assess the costs and Dated: May 8, 2018. U.S.C. 553(b)). This provision benefits of available regulatory E.J. Gaynor, authorizes an agency to issue a rule alternatives and, if regulation is Captain, U.S. Coast Guard, Captain of the without prior notice and opportunity to necessary, to select regulatory Port Sector Corpus Christi. comment when the agency for good approaches that maximize net benefits. [FR Doc. 2018–10804 Filed 5–18–18; 8:45 am] cause finds that those procedures are Executive Order 13771 directs agencies BILLING CODE 9110–04–P ‘‘impracticable, unnecessary, or contrary to control regulatory costs through a to the public interest.’’ Under 5 U.S.C. budgeting process. This rule has not 553(b)(B), the Coast Guard finds that been designated a ‘‘significant DEPARTMENT OF HOMELAND good cause exists for not publishing a regulatory action,’’ under Executive SECURITY notice of proposed rulemaking (NPRM) Order 12866. Accordingly, this rule has with respect to this rule because doing Coast Guard not been reviewed by the Office of so would be impracticable. The Coast Management and Budget (OMB), and Guard did not receive the final details 33 CFR Part 165 pursuant to OMB guidance it is exempt of this fireworks display in time to from the requirements of Executive [Docket No. USCG–2018–0266] publish an NPRM. As such, it is Order 13771. RIN 1625–AA00 impracticable to publish an NPRM This regulatory action determination because we lack sufficient time to is based on the size, location, duration, Safety Zone; Grosse Pointe War provide a reasonable comment period and time-of-year of the safety zone. Memorial Red, White, and Blue Gala and then consider those comments Vessel traffic will be able to safely Fireworks, Lake St. Clair, Grosse before issuing the rule. transit around this safety zone which Pointe, MI Under 5 U.S.C. 553(d)(3), the Coast will impact a small designated area of Guard finds that good cause exists for Lake St. Clair from 9 p.m. to 10 p.m. on AGENCY: Coast Guard, DHS. making this rule effective less than 30 May 24, 2018. Moreover, the Coast ACTION: Temporary final rule. days after publication in the Federal Guard will issue Broadcast Notice to Register. Delaying the effective date of Mariners (BNM) via VHF–FM marine SUMMARY: The Coast Guard is this rule would inhibit the Coast channel 16 about the zone and the rule establishing a temporary safety zone for Guard’s ability to protect participants, allows vessels to seek permission to navigable waters within a 420-foot mariners and vessels from the hazards enter the zone. radius of a portion of Lake St. Clair, associated with this event. Grosse Point, MI. This zone is necessary B. Impact on Small Entities to protect spectators and vessels from III. Legal Authority and Need for Rule The Regulatory Flexibility Act of potential hazards associated with the The Coast Guard is issuing this rule 1980, 5 U.S.C. 601–612, as amended, Grosse Pointe War Memorial Red, under authority in 33 U.S.C. 1231. The requires Federal agencies to consider White, and Blue Gala Fireworks. Captain of the Port Detroit (COTP) has the potential impact of regulations on DATES: This temporary final rule is determined that potential hazard small entities during rulemaking. The effective from 9 p.m. through 10 p.m. associated with fireworks from 9 p.m. to term ‘‘small entities’’ comprises small (EDT) on May 24, 2018. 10 p.m. on May 24, 2018 will be a safety businesses, not-for-profit organizations ADDRESSES: To view documents concern to anyone within a 420-foot that are independently owned and mentioned in this preamble as being radius of the launch site. This rule is operated and are not dominant in their available in the docket, go to http:// needed to protect personnel, vessels, fields, and governmental jurisdictions

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with populations of less than 50,000. direct effect on one or more Indian For the reasons discussed in the The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the preamble, the Coast Guard amends 33 605(b) that this rule will not have a Federal Government and Indian tribes, CFR part 165 as follows: significant economic impact on a or on the distribution of power and substantial number of small entities. responsibilities between the Federal PART 165—REGULATED NAVIGATION While some owners or operators of Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS vessels intending to transit the safety believe this rule has implications for zone may be small entities, for the federalism or Indian tribes, please ■ 1. The authority citation for part 165 reasons stated in section V.A above, this contact the person listed in the FOR continues to read as follows: rule will not have a significant FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; or operator. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Under section 213(a) of the Small E. Unfunded Mandates Reform Act Department of Homeland Security Delegation Business Regulatory Enforcement No. 0170.1. The Unfunded Mandates Reform Act Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T09–0266 to read as we want to assist small entities in Federal agencies to assess the effects of follows: understanding this rule. If the rule their discretionary regulatory actions. In would affect your small business, § 165.T09–0266 Safety Zone; Grosse particular, the Act addresses actions organization, or governmental Pointe War Memorial Red, White, and Blue that may result in the expenditure by a jurisdiction and you have questions Gala Fireworks, Lake St. Clair, Grosse State, local, or tribal government, in the concerning its provisions or options for Pointe, MI. aggregate, or by the private sector of compliance, please contact the person $100,000,000 (adjusted for inflation) or (a) Location. A safety zone is listed in the FOR FURTHER INFORMATION more in any one year. Though this rule established to include all U.S. navigable CONTACT section. waters of Lake St. Clair, Harrison Twp, Small businesses may send comments will not result in such an expenditure, within a 420-foot radius of position on the actions of Federal employees we do discuss the effects of this rule 42°23.132′ N, 082°53.740′ W (NAD 83). who enforce, or otherwise determine elsewhere in this preamble. compliance with, Federal regulations to F. Environment (b) Enforcement period. The regulated the Small Business and Agriculture area described in paragraph (a) of this Regulatory Enforcement Ombudsman We have analyzed this rule under section will be enforced from 9 p.m. and the Regional Small Business Department of Homeland Security through 10 p.m. on May 24, 2018. Regulatory Fairness Boards. The Directive 023–01 and Commandant (c) Regulations. (1) No vessel or Ombudsman evaluates these actions Instruction M16475.1D, which guide the person may enter, transit through, or Coast Guard in complying with the annually and rates each agency’s anchor within the safety zone unless National Environmental Policy Act of responsiveness to small business. If you authorized by the Captain of the Port wish to comment on actions by 1969 (42 U.S.C. 4321–4370f), and have Detroit (COTP), or his on-scene employees of the Coast Guard, call 1– determined that this action is one of a representative. 888–REG–FAIR (1–888–734–3247). The category of actions that do not Coast Guard will not retaliate against individually or cumulatively have a (2) The safety zone is closed to all small entities that question or complain significant effect on the human vessel traffic, except as may be about this rule or any policy or action environment. This rule involves a safety permitted by the COTP or his on-scene of the Coast Guard. zone lasting one hour that will prohibit representative. entry into a designated area. It is C. Collection of Information (3) The ‘‘on-scene representative’’ of categorically excluded from further COTP is any Coast Guard This rule will not call for a new review under paragraph L60(a) of commissioned, warrant or petty officer collection of information under the Appendix A, Table 1 of DHS Instruction or a Federal, State, or local law Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 01. A enforcement officer designated by or U.S.C. 3501–3520). Record of Environmental Consideration supporting this determination is assisting the Captain of the Port Detroit D. Federalism and Indian Tribal to act on his behalf. Governments available in the docket where indicated under ADDRESSES. (4) Vessel operators shall contact the A rule has implications for federalism COTP or his on-scene representative to under Executive Order 13132, G. Protest Activities obtain permission to enter or operate Federalism, if it has a substantial direct within the safety zone. The COTP or his effect on the States, on the relationship The Coast Guard respects the First Amendment rights of protesters. on-scene representative may be between the national government and contacted via VHF Channel 16 or at the States, or on the distribution of Protesters are asked to contact the 313–568–9464. Vessel operators given power and responsibilities among the person listed in the FOR FURTHER permission to enter or operate in the various levels of government. We have INFORMATION CONTACT section to analyzed this rule under that Order and coordinate protest activities so that your regulated area must comply with all have determined that it is consistent message can be received without directions given to them by the COTP or with the fundamental federalism jeopardizing the safety or security of his on-scene representative. principles and preemption requirements people, places or vessels. Dated: May 3, 2018. described in Executive Order 13132. List of Subjects in 33 CFR Part 165 Jeffrey W. Novak, Also, this rule does not have tribal Captain, U.S. Coast Guard, Captain of the implications under Executive Order Harbors, Marine safety, Navigation Port Detroit. 13175, Consultation and Coordination (water), Reporting and recordkeeping [FR Doc. 2018–10749 Filed 5–18–18; 8:45 am] with Indian Tribal Governments, requirements, Security measures, because it does not have a substantial Waterways. BILLING CODE 9110–04–P

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DEPARTMENT OF HOMELAND notice of proposed rulemaking (NPRM) and time-of-year of the safety zone. SECURITY with respect to this rule because doing Vessel traffic will be able to safely so would be impracticable. The Coast transit around this safety zone which Coast Guard Guard did not receive the final details will impact a small designated area of of this fireworks display in time to Lake St. Clair 10 p.m. on June 22, 2018 33 CFR Part 165 publish an NPRM. As such, it is through 11 p.m. on June 23, 2018. [Docket No. USCG–2018–0384] impracticable to publish an NPRM Moreover, the Coast Guard will issue because we lack sufficient time to Broadcast Notice to Mariners (BNM) via RIN 1625–AA00 provide a reasonable comment period VHF–FM marine channel 16 about the and then consider those comments zone and the rule allows vessels to seek Safety Zone; St. Clair Shores before issuing the rule. permission to enter the zone. Fireworks, Lake St. Clair, St. Clair Shores, MI III. Legal Authority and Need for Rule B. Impact on Small Entities The Coast Guard is issuing this rule The Regulatory Flexibility Act of AGENCY: Coast Guard, DHS. under authority in 33 U.S.C. 1231. The 1980, 5 U.S.C. 601–612, as amended, ACTION: Temporary final rule. Captain of the Port Detroit (COTP) has requires Federal agencies to consider the potential impact of regulations on SUMMARY: The Coast Guard is determined that potential hazard small entities during rulemaking. The establishing a temporary safety zone for associated with fireworks from 10 p.m. on June 22, 2018 through 11 p.m. on term ‘‘small entities’’ comprises small navigable waters within a 700-foot businesses, not-for-profit organizations radius of a portion of Lake St. Clair, St. June 23, 2018 will be a safety concern to anyone within a 700-foot radius of that are independently owned and Clair Shores, MI. This zone is necessary operated and are not dominant in their to protect spectators and vessels from the launch site. This rule is needed to protect personnel, vessels, and the fields, and governmental jurisdictions potential hazards associated with the St. with populations of less than 50,000. Clair Shores Fireworks. marine environment in the navigable waters within the safety zone while the The Coast Guard certifies under 5 U.S.C. DATES: This temporary final rule is fireworks are being displayed. 605(b) that this rule will not have a effective from 10 p.m. on June 22, 2018 significant economic impact on a through 11 p.m. on June 23, 2018. IV. Discussion of the Rule substantial number of small entities. ADDRESSES: To view documents This rule establishes a safety zone While some owners or operators of mentioned in this preamble as being from 10 p.m. on June 22, 2018 through vessels intending to transit the safety available in the docket, go to http:// 11 p.m. on June 23, 2018. The safety zone may be small entities, for the www.regulations.gov, type USCG–2018– zone will encompass all U.S. navigable reasons stated in section V.A above, this 0384 in the ‘‘SEARCH’’ box and click waters of Lake St. Clair, St. Clair Shores, rule will not have a significant ‘‘SEARCH.’’ Click on Open Docket MI, within a 700-foot radius of position economic impact on any vessel owner Folder on the line associated with this 42° 31.6′ N, 082°52.03′ W (NAD 83). No or operator. rule. vessel or person will be permitted to Under section 213(a) of the Small FOR FURTHER INFORMATION CONTACT: If enter the safety zone without obtaining Business Regulatory Enforcement you have questions on this temporary permission from the COTP or a Fairness Act of 1996 (Pub. L. 104–121), rule, call or email Tracy Girard, designated representative. we want to assist small entities in understanding this rule. If the rule Prevention Department, Sector Detroit, V. Regulatory Analyses Coast Guard; telephone 313–568–9564, would affect your small business, or email [email protected]. We developed this rule after organization, or governmental considering numerous statutes and jurisdiction and you have questions SUPPLEMENTARY INFORMATION: Executive orders related to rulemaking. concerning its provisions or options for I. Table of Abbreviations Below we summarize our analyses compliance, please contact the person based on a number of these statutes and listed in the FOR FURTHER INFORMATION CFR Code of Federal Regulations COTP Captain of the Port Detroit Executive orders, and we discuss First CONTACT section. DHS Department of Homeland Security Amendment rights of protestors. Small businesses may send comments on the actions of Federal employees FR Federal Register A. Regulatory Planning and Review NPRM Notice of Proposed Rulemaking who enforce, or otherwise determine § Section Executive Orders 12866 and 13563 compliance with, Federal regulations to U.S.C. United States Code direct agencies to assess the costs and the Small Business and Agriculture benefits of available regulatory II. Background Information and Regulatory Enforcement Ombudsman alternatives and, if regulation is Regulatory History and the Regional Small Business necessary, to select regulatory Regulatory Fairness Boards. The The Coast Guard is issuing this approaches that maximize net benefits. Ombudsman evaluates these actions temporary rule without prior notice and Executive Order 13771 directs agencies annually and rates each agency’s opportunity to comment pursuant to to control regulatory costs through a responsiveness to small business. If you authority under section 4(a) of the budgeting process. This rule has not wish to comment on actions by Administrative Procedure Act (APA) (5 been designated a ‘‘significant employees of the Coast Guard, call 1– U.S.C. 553(b)). This provision regulatory action,’’ under Executive 888–REG–FAIR (1–888–734–3247). The authorizes an agency to issue a rule Order 12866. Accordingly, this rule has Coast Guard will not retaliate against without prior notice and opportunity to not been reviewed by the Office of small entities that question or complain comment when the agency for good Management and Budget (OMB), and about this rule or any policy or action cause finds that those procedures are pursuant to OMB guidance it is exempt of the Coast Guard. ‘‘impracticable, unnecessary, or contrary from the requirements of Executive to the public interest.’’ Under 5 U.S.C. Order 13771. C. Collection of Information 553(b) (B), the Coast Guard finds that This regulatory action determination This rule will not call for a new good cause exists for not publishing a is based on the size, location, duration, collection of information under the

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Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration (4) Vessel operators shall contact the U.S.C. 3501–3520). supporting this determination is COTP or his on-scene representative to available in the docket where indicated obtain permission to enter or operate D. Federalism and Indian Tribal under ADDRESSES. within the safety zone. The COTP or his Governments on-scene representative may be A rule has implications for federalism G. Protest Activities contacted via VHF Channel 16 or at under Executive Order 13132, The Coast Guard respects the First (313) 568–9464. Vessel operators given Federalism, if it has a substantial direct Amendment rights of protesters. permission to enter or operate in the effect on the States, on the relationship Protesters are asked to contact the regulated area must comply with all between the national government and person listed in the FOR FURTHER directions given to them by the COTP or the States, or on the distribution of INFORMATION CONTACT section to his on-scene representative. power and responsibilities among the coordinate protest activities so that your Dated: May 3, 2018. various levels of government. We have message can be received without Jeffrey W. Novak, analyzed this rule under that Order and jeopardizing the safety or security of Captain, U.S. Coast Guard, Captain of the have determined that it is consistent people, places or vessels. with the fundamental federalism Port Detroit. principles and preemption requirements List of Subjects in 33 CFR Part 165 [FR Doc. 2018–10771 Filed 5–18–18; 8:45 am] described in Executive Order 13132. Harbors, Marine safety, Navigation BILLING CODE 9110–04–P Also, this rule does not have tribal (water), Reporting and record keeping implications under Executive Order requirements, Security measures, 13175, Consultation and Coordination DEPARTMENT OF HOMELAND Waterways. SECURITY with Indian Tribal Governments, For the reasons discussed in the because it does not have a substantial preamble, the Coast Guard amends 33 Coast Guard direct effect on one or more Indian CFR part 165 as follows: tribes, on the relationship between the 33 CFR Part 165 Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION or on the distribution of power and AREAS AND LIMITED ACCESS AREAS [Docket Number USCG–2017–0651] responsibilities between the Federal RIN 1625–AA00 Government and Indian tribes. If you ■ 1. The authority citation for part 165 believe this rule has implications for continues to read as follows: Safety Zone; Navy Underwater federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Detonation (UNDET) Exercises, GU contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; AGENCY: Coast Guard, DHS. FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation above. No. 0170.1. ACTION: Final rule. ■ E. Unfunded Mandates Reform Act 2. Add § 165.T09–0384 to read as SUMMARY: The Coast Guard is follows: establishing two recurring safety zones The Unfunded Mandates Reform Act for navigable waters of Apra Outer of 1995 (2 U.S.C. 1531–1538) requires § 165.T09–0384 Safety Zone; St. Clair Harbor and Piti, Guam. The safety zones Federal agencies to assess the effects of Shores Fireworks, Lake St. Clair, St. Clair Shores, MI. will encompass sites designated for U.S. their discretionary regulatory actions. In Navy underwater detonation (UNDET) particular, the Act addresses actions (a) Location. A safety zone is established to include all U.S. navigable exercises. The Coast Guard believes this that may result in the expenditure by a safety zone regulation is necessary to waters of Lake St. Clair, St. Clair Shores, State, local, or tribal government, in the protect the public and exercise MI, within a 700-foot radius of position aggregate, or by the private sector of participants within the affected area 42°31.6′ N, 082°52.03′ W (NAD 83). $100,000,000 (adjusted for inflation) or from possible safety hazards associated (b) Enforcement period. The regulated more in any one year. Though this rule with these exercises. These safety zones area described in paragraph (a) will be will not result in such an expenditure, will impact a small designated area of enforced from 10 p.m. until 11 p.m. on we do discuss the effects of this rule navigable waters in Apra Harbor and June 22, 2018. In the case of inclement elsewhere in this preamble. Piti during periods of times, many of weather on June 22, 2018, this safety which are of short duration, on days F. Environment zone will be enforced from 10 p.m. to requested by the Navy for UNDET We have analyzed this rule under 11 p.m. on June 23, 2018. exercises. With the exception of exercise Department of Homeland Security (c) Regulations. (1) No vessel or participants, entry of vessels or persons Directive 023–01 and Commandant person may enter, transit through, or into the zone is prohibited unless Instruction M16475.1D, which guide the anchor within the safety zone unless specifically authorized by the Captain of Coast Guard in complying with the authorized by the Captain of the Port the Port Guam. National Environmental Policy Act of Detroit (COTP), or his on-scene DATES: 1969 (42 U.S.C. 4321–4370f), and have representative. This rule is effective June 20, determined that this action is one of a (2) The safety zone is closed to all 2018. category of actions that do not vessel traffic, except as may be ADDRESSES: To view documents individually or cumulatively have a permitted by the COTP or his on-scene mentioned in this preamble as being significant effect on the human representative. available in the docket, go to http:// environment. This rule involves a safety (3) The ‘‘on-scene representative’’ of www.regulations.gov, type USCG–2017– zone lasting one hour that will prohibit COTP is any Coast Guard 0651 in the ‘‘SEARCH’’ box and click entry into a designated area. It is commissioned, warrant or petty officer ‘‘SEARCH.’’ Click on Open Docket categorically excluded from further or a Federal, State, or local law Folder on the line associated with this review under paragraph L60(a) of enforcement officer designated by or rule. Appendix A, Table 1 of DHS Instruction assisting the Captain of the Port Detroit FOR FURTHER INFORMATION CONTACT: If Manual 023–01–001–01, Rev. 01. A to act on his behalf. you have questions on this rule, call or

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email Petty Officer Robin Branch, Sector was ‘‘Safety Zone; Navy Underwater additional exercises may be required Guam, U.S. Coast Guard; telephone Detonation (UNDET) Exercise, Apra based on Navy training needs. (671) 355–4835, email wwmguam@ Outer Harbor, GU’’. The title will be Moreover, the Coast Guard will issue a uscg.mil. changed to ‘‘Safety Zone; Navy Broadcast Notice to Mariners via VHF– SUPPLEMENTARY INFORMATION: Underwater Detonation (UNDET) FM marine channel 16 about the safety Exercises, GU’’ which better reflects the zones and the rule allows vessels to seek I. Table of Abbreviations rule. There are no changes in the permission to enter the zone. regulatory text of this rule from the CFR Code of Federal Regulations NPRM. B. Impact on Small Entities DHS Department of Homeland Security The COTP proposed to establish two FR Federal Register The Regulatory Flexibility Act of NPRM Notice of proposed rulemaking recurring safety zones for certain 1980, 5 U.S.C. 601–612, as amended, § Section periods of time, many of which are of requires Federal agencies to consider U.S.C. United States Code short duration, on days requested by the the potential impact of regulations on Navy for UNDET exercises. The safety small entities during rulemaking. The II. Background Information and zones will cover all navigable waters term ‘‘small entities’’ comprises small Regulatory History within a 700 yard radius above and businesses, not-for-profit organizations U.S. Navy UNDET exercises occur below the surface for the Apra Outer that are independently owned and multiple times throughout the year to Harbor UNDET site and a 700 yard operated and are not dominant in their train and prepare personnel for radius above and below the surface for fields, and governmental jurisdictions operational missions. We have the UNDET Piti site. The duration of the with populations of less than 50,000. established safety zones for these Navy safety zones is intended to protect The Coast Guard received no comments UNDETs in past years through a personnel, vessels, and the marine from the Small Business Administration temporary final rulemaking for each environment in these navigable waters on this rulemaking. The Coast Guard exercise. For all subsequent exercises, during the UNDET exercise. With the certifies under 5 U.S.C. 605(b) that this we propose to establish recurring safety exception of exercise participants, no rule will not have a significant zones through this regulation to vessel or person will be permitted to economic impact on a substantial safeguard the public and exercise enter the safety zones without obtaining number of small entities. participants within the affected area permission from the COTP or a While some owners or operators of from possible safety hazards associated designated representative. vessels intending to transit the safety with the exercises. zone may be small entities, for the In response, on February 9, 2018, the V. Regulatory Analyses We developed this rule after reasons stated in section V.A. above, Coast Guard published a notice of this rule will not have a significant proposed rulemaking (NPRM) titled considering numerous statutes and Executive orders related to rulemaking. economic impact on any vessel owner Safety Zone; Navy Underwater or operator. Detonation (UNDET) Exercise, Apra Below we summarize our analyses Under section 213(a) of the Small Outer Harbor, GU (83 FR 5751–5753). In based on a number of these statutes and Business Regulatory Enforcement the NPRM, we stated the purpose and Executive orders, and we discuss First Fairness Act of 1996 (Pub. L. 104–121), need for the safety zone, and invited Amendment rights of protestors. we want to assist small entities in comments on our proposed regulatory A. Regulatory Planning and Review understanding this rule. If the rule action related to these safety zones. would affect your small business, During the comment period that ended Executive Orders 12866 and 13563 organization, or governmental March 26, 2018, we received 2 direct agencies to assess the costs and jurisdiction and you have questions comments in support of the proposed benefits of available regulatory concerning its provisions or options for rule. alternatives and, if regulation is necessary, to select regulatory compliance, please contact the person III. Legal Authority and Need for Rule approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION The Coast Guard is issuing this rule Executive Order 13771 directs agencies CONTACT section. under authority in 33 U.S.C. 1231. The to control regulatory costs through a Small businesses may send comments Captain of the Port Guam (COTP) has budgeting process. This rule has not on the actions of Federal employees determined that potential hazards been designated a ‘‘significant who enforce, or otherwise determine associated with the UNDET exercises regulatory action,’’ under Executive compliance with, Federal regulations to will be a safety concern for anyone Order 12866. Accordingly, this rule has the Small Business and Agriculture within a 700 yard radius around the two not been reviewed by the Office of Regulatory Enforcement Ombudsman locations with the exception of exercise Management and Budget (OMB), and and the Regional Small Business participants. The purpose of these safety pursuant to OMB guidance it is exempt Regulatory Fairness Boards. The zones is to protect the public and from the requirements of Executive Ombudsman evaluates these actions exercise participants from possible Order 13771. annually and rates each agency’s safety hazards associated with the This regulatory action determination responsiveness to small business. If you exercises. is based on the size, location, and wish to comment on actions by duration of the safety zones. Vessel employees of the Coast Guard, call 1– IV. Discussion of Comments, Changes, traffic will be able to safely transit 888–REG–FAIR (1–888–734–3247). The and the Rule around these safety zones, which will Coast Guard will not retaliate against As noted above, we received two impact a small designated area of waters small entities that question or complain comments on our NPRM published off of Piti, Guam, and in Apra Outer about this rule or any policy or action February 9, 2018. Both comments Harbor for certain periods of time, many of the Coast Guard. supported the rule, and proposed no of which are of short duration, on days C. Collection of Information changes. The only change made will be requested by the Navy for UNDET to the title of the rule. The original title exercises. The UNDET exercises occur This rule will not call for a new from the proposed rule in the NPRM approximately 10 times a year, although collection of information under the

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Paperwork Reduction Act of 1995 (44 700 yard radius above and below the contained in § 165.23 apply. With the U.S.C. 3501–3520). surface for the Piti UNDET site. It is exception of exercise participants, no categorically excluded from further vessels may enter or transit safety zones D. Federalism and Indian Tribal review under paragraph L[37] of in paragraph (a)(1) of this section and no Governments Appendix A, Table 1 of DHS Instruction persons in the water may enter or transit A rule has implications for federalism Manual 023–01–001–01, Rev. 01. A the safety zone in paragraph (a)(2) of under Executive Order 13132, Record of Environmental Consideration this section unless authorized by the Federalism, if it has a substantial direct supporting this determination is COTP or a designated representative effect on the States, on the relationship available in the docket where indicated thereof. between the national government and under ADDRESSES. (d) Enforcement. Any Coast Guard the States, or on the distribution of commissioned, warrant, or petty officer, G. Protest Activities power and responsibilities among the and any other COTP representative various levels of government. We have The Coast Guard respects the First permitted by law, may enforce these analyzed this rule under that Order and Amendment rights of protesters. safety zones. have determined that it is consistent Protesters are asked to contact the Dated: April 27, 2018. with the fundamental federalism person listed in the FOR FURTHER principles and preemption requirements INFORMATION CONTACT section to Christopher M. Chase, described in Executive Order 13132. coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the Also, this rule does not have tribal message can be received without Port, Guam. implications under Executive Order jeopardizing the safety or security of [FR Doc. 2018–10823 Filed 5–18–18; 8:45 am] 13175, Consultation and Coordination people, places or vessels. BILLING CODE 9110–04–P with Indian Tribal Governments, because it does not have a substantial List of Subjects in 33 CFR Part 165 direct effect on one or more Indian Harbors, Marine safety, Navigation DEPARTMENT OF HOMELAND tribes, on the relationship between the (water), Reporting and recordkeeping SECURITY Federal Government and Indian tribes, requirements, Security measures, or on the distribution of power and Waterways. Coast Guard responsibilities between the Federal For the reasons discussed in the 33 CFR Part 165 Government and Indian tribes. If you preamble, the Coast Guard amends 33 believe this rule has implications for CFR part 165 as follows: federalism or Indian tribes, please [Docket No. USCG–2018–0425] contact the person listed in the FOR PART 165—REGULATED NAVIGATION FURTHER INFORMATION CONTACT section. AREAS AND LIMITED ACCESS AREAS RIN 1625–AA00

E. Unfunded Mandates Reform Act ■ 1. The authority citation for part 165 Safety Zone; Bay-Rama Fish Fly The Unfunded Mandates Reform Act continues to read as follows: Festival, Lake St. Clair, New Baltimore, of 1995 (2 U.S.C. 1531–1538) requires Authority: 33 U.S.C. 1231; 50 U.S.C. 191, MI Federal agencies to assess the effects of 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and their discretionary regulatory actions. In 160.5; Department of Homeland Security AGENCY: Coast Guard, DHS. particular, the Act addresses actions Delegation No. 0170.1. ACTION: Temporary final rule. that may result in the expenditure by a ■ 2. Add § 165.1402 to read as follows: State, local, or tribal government, in the SUMMARY: The Coast Guard is aggregate, or by the private sector of § 165.1402 Safety Zone; Navy Underwater establishing a temporary safety zone for $100,000,000 (adjusted for inflation) or Detonation (UNDET) Exercises, GU. navigable waters within a 900-foot more in any one year. Though this rule (a) Location. The following areas, radius of a portion of Lake St. Clair, will not result in such an expenditure, within the Guam Captain of the Port New Baltimore, MI. This zone is we do discuss the effects of this rule (COTP) Zone (See 33 CFR 3.70–15), necessary to protect spectators and elsewhere in this preamble. from the surface of the water to the vessels from potential hazards associated with the Bay-Rama Fish Fly F. Environment ocean floor, are safety zones: (1) Apra Outer Harbor, Guam. All Festival Fireworks. We have analyzed this rule under waters above and below the surface DATES: This temporary final rule is Department of Homeland Security bounded by a circle with a 700 yard effective from 10 p.m. on June 21, 2018 Directive 023–01 and Commandant radius centered at 13 degrees 27 through 11 p.m. on June 22, 2018. Instruction M16475.1D, which guide the minutes 42 seconds North Latitude and ADDRESSES: To view documents Coast Guard in complying with the 144 degrees 38 minutes 30 seconds East mentioned in this preamble as being National Environmental Policy Act of Longitude, (NAD 1983). available in the docket, go to http:// 1969 (42 U.S.C. 4321–4370f), and have (2) Piti, Guam. All waters above and www.regulations.gov, type USCG–2018– determined that this action is one of a below the surface bounded by a circle 0425 in the ‘‘SEARCH’’ box and click category of actions that do not with a 700 yard radius centered at 13 ‘‘SEARCH.’’ Click on Open Docket individually or cumulatively have a degrees 29 minutes 03 seconds North Folder on the line associated with this significant effect on the human Latitude and 144 degrees 40 minutes 03 rule. environment. This rule involves seconds East Longitude, (NAD 1983). establishing two recurring safety zones (b) Enforcement periods. This section FOR FURTHER INFORMATION CONTACT: If for periods of time, many of which are will be enforced for designated periods you have questions on this temporary of short duration, on days requested by of time, many of which are of short rule, call or email Tracy Girard, the Navy for UNDET exercises that will duration, on days requested by the Navy Prevention Department, Sector Detroit, prohibit entry within 700 yards radius for purpose of UNDET exercises. Coast Guard; telephone 313–568–9564, above and below the surface for the (c) Regulations. The general or email [email protected]. Apra Outer Harbor UNDET site and a regulations governing safety zones SUPPLEMENTARY INFORMATION:

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I. Table of Abbreviations permission from the COTP or a Fairness Act of 1996 (Pub. L. 104–121), designated representative. we want to assist small entities in CFR Code of Federal Regulations understanding this rule. If the rule V. Regulatory Analyses COTP Captain of the Port Detroit would affect your small business, DHS Department of Homeland Security We developed this rule after organization, or governmental FR Federal Register considering numerous statutes and jurisdiction and you have questions NPRM Notice of Proposed Rulemaking Executive orders related to rulemaking. § Section concerning its provisions or options for U.S.C. United States Code Below we summarize our analyses compliance, please contact the person based on a number of these statutes and listed in the FOR FURTHER INFORMATION II. Background Information and Executive orders, and we discuss First CONTACT section. Regulatory History Amendment rights of protestors. Small businesses may send comments The Coast Guard is issuing this A. Regulatory Planning and Review on the actions of Federal employees temporary rule without prior notice and Executive Orders 12866 and 13563 who enforce, or otherwise determine opportunity to comment pursuant to direct agencies to assess the costs and compliance with, Federal regulations to authority under section 4(a) of the benefits of available regulatory the Small Business and Agriculture Administrative Procedure Act (APA) (5 alternatives and, if regulation is Regulatory Enforcement Ombudsman U.S.C. 553(b)). This provision necessary, to select regulatory and the Regional Small Business authorizes an agency to issue a rule approaches that maximize net benefits. Regulatory Fairness Boards. The without prior notice and opportunity to Executive Order 13771 directs agencies Ombudsman evaluates these actions comment when the agency for good to control regulatory costs through a annually and rates each agency’s cause finds that those procedures are budgeting process. This rule has not responsiveness to small business. If you ‘‘impracticable, unnecessary, or contrary been designated a ‘‘significant wish to comment on actions by to the public interest.’’ Under 5 U.S.C. regulatory action,’’ under Executive employees of the Coast Guard, call 1– 553(b)(B), the Coast Guard finds that Order 12866. Accordingly, this rule has 888–REG–FAIR (1–888–734–3247). The good cause exists for not publishing a not been reviewed by the Office of notice of proposed rulemaking (NPRM) Coast Guard will not retaliate against Management and Budget (OMB), and small entities that question or complain with respect to this rule because doing pursuant to OMB guidance it is exempt so would be impracticable. The Coast about this rule or any policy or action from the requirements of Executive of the Coast Guard. Guard did not receive the final details Order 13771. of this fireworks display in time to This regulatory action determination C. Collection of Information publish an NPRM. As such, it is is based on the size, location, duration, impracticable to publish an NPRM and time-of-year of the safety zone. This rule will not call for a new because we lack sufficient time to Vessel traffic will be able to safely collection of information under the provide a reasonable comment period transit around this safety zone which Paperwork Reduction Act of 1995 (44 and then consider those comments will impact a small designated area of U.S.C. 3501–3520). before issuing the rule. Lake St. Clair from 10 p.m. on June 21, D. Federalism and Indian Tribal III. Legal Authority and Need for Rule 2018 through 11 p.m. on June 22, 2018. Governments Moreover, the Coast Guard will issue The Coast Guard is issuing this rule Broadcast Notice to Mariners (BNM) via A rule has implications for federalism under authority in 33 U.S.C. 1231. The VHF–FM marine channel 16 about the under Executive Order 13132, Captain of the Port Detroit (COTP) has zone and the rule allows vessels to seek Federalism, if it has a substantial direct determined that potential hazard permission to enter the zone. effect on the States, on the relationship associated with fireworks from 10 p.m. B. Impact on Small Entities between the national government and on June 21, 2018 through 11 p.m. on the States, or on the distribution of June 22, 2018 will be a safety concern The Regulatory Flexibility Act of power and responsibilities among the to anyone within a 900-foot radius of 1980, 5 U.S.C. 601–612, as amended, various levels of government. We have the launch site. This rule is needed to requires Federal agencies to consider analyzed this rule under that Order and protect personnel, vessels, and the the potential impact of regulations on have determined that it is consistent marine environment in the navigable small entities during rulemaking. The with the fundamental federalism waters within the safety zone while the term ‘‘small entities’’ comprises small principles and preemption requirements fireworks are being displayed. businesses, not-for-profit organizations described in Executive Order 13132. IV. Discussion of the Rule that are independently owned and operated and are not dominant in their Also, this rule does not have tribal This rule establishes a safety zone fields, and governmental jurisdictions implications under Executive Order from 10 p.m. on June 21, 2018 through with populations of less than 50,000. 13175, Consultation and Coordination 11 p.m. on June 22, 2018. The safety The Coast Guard certifies under 5 U.S.C. with Indian Tribal Governments, zone will be enforced from 10 p.m. 605(b) that this rule will not have a because it does not have a substantial through 11 p.m. on June 21, 2018. In the significant economic impact on a direct effect on one or more Indian case of inclement weather on June 21, substantial number of small entities. tribes, on the relationship between the 2018, this safety zone will be enforced While some owners or operators of Federal Government and Indian tribes, from 10 p.m. to 11 p.m. on June 22, vessels intending to transit the safety or on the distribution of power and 2018. The safety zone will encompass zone may be small entities, for the responsibilities between the Federal all U.S. navigable waters of Lake St. reasons stated in section V.A above, this Government and Indian tribes. If you Clair, New Baltimore, MI, within a 900- rule will not have a significant believe this rule has implications for foot radius of position 42°40.600′ N, economic impact on any vessel owner federalism or Indian tribes, please 082°43.990′ W (NAD 83). No vessel or or operator. contact the person listed in the FOR person will be permitted to enter the Under section 213(a) of the Small FURTHER INFORMATION CONTACT section safety zone without obtaining Business Regulatory Enforcement above.

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E. Unfunded Mandates Reform Act ■ 2. Add § 165.T09–0425 to read as SUMMARY: The Coast Guard will enforce follows: the Navy Pier Southeast Safety Zone The Unfunded Mandates Reform Act within the Chicago Harbor during of 1995 (2 U.S.C. 1531–1538) requires § 165.T09–0425 Safety Zone; Bay-Rama specified times from May 26, 2018 Federal agencies to assess the effects of Fish Fly Festival Fireworks, Lake St. Clair, through January 1, 2019. This action is their discretionary regulatory actions. In New Baltimore, MI. necessary and intended to ensure the particular, the Act addresses actions (a) Location. A safety zone is safety of life and property on navigable that may result in the expenditure by a established to include all U.S. navigable waters prior to, during, and immediately State, local, or tribal government, in the waters of the Lake St. Clair, New after firework displays. During the aggregate, or by the private sector of Baltimore, MI, within a 900-foot radius enforcement periods listed below, entry $100,000,000 (adjusted for inflation) or of position 42°40.600′ N, 082°43.990′ W into, transiting, or anchoring within the (NAD 83). more in any one year. Though this rule safety zone is prohibited unless will not result in such an expenditure, (b) Enforcement period. The regulated area described in paragraph (a) will be authorized by the Captain of the Port we do discuss the effects of this rule Lake Michigan or a designated elsewhere in this preamble. enforced from 10 p.m. until 11 p.m. on June 21, 2018. In the case of inclement representative. F. Environment weather on June 21, 2018, this safety DATES: The regulation in 33 CFR We have analyzed this rule under zone will be enforced from 10 p.m. until 165.931 will be enforced at the times Department of Homeland Security 11 p.m. on June 22, 2018. specified below in SUPPLEMENTARY Directive 023–01 and Commandant (c) Regulations. INFORMATION between May 26, 2018 Instruction M16475.1D, which guide the (1) No vessel or person may enter, through January 1, 2019. Coast Guard in complying with the transit through, or anchor within the FOR FURTHER INFORMATION CONTACT: If National Environmental Policy Act of safety zone unless authorized by the you have questions about this notice of 1969 (42 U.S.C. 4321–4370f), and have Captain of the Port Detroit (COTP), or enforcement, call or email LT John determined that this action is one of a his on-scene representative. Ramos, Waterways Management category of actions that do not (2) The safety zone is closed to all Division, Marine Safety Unit Chicago, individually or cumulatively have a vessel traffic, except as may be U.S. Coast Guard; telephone (630) 986– significant effect on the human permitted by the COTP or his on-scene 2155, email D09-DG-MSUChicago- environment. This rule involves a safety representative. [email protected]. (3) The ‘‘on-scene representative’’ of zone that will be enforced for one hour SUPPLEMENTARY INFORMATION: The Coast COTP is any Coast Guard and will prohibit entry into a designated Guard will enforce Safety Zone; Chicago commissioned, warrant or petty officer area. It is categorically excluded from Harbor, Navy Pier Southeast, Chicago, or a Federal, State, or local law further review under paragraph L60(a) IL listed in 33 CFR 165.931, on May 26, enforcement officer designated by or of Appendix A, Table 1 of DHS 2018 from 10:15 p.m. until 10:30 p.m.; assisting the Captain of the Port Detroit Weekly events will occur each Saturday Instruction Manual 023–01–001–01, to act on his behalf. starting May 26, 2018 through Rev. 01. A Record of Environmental (4) Vessel operators shall contact the September 1, 2018 from 10 p.m. until Consideration supporting this COTP or his on-scene representative to 10:30 p.m.; and each Wednesday determination is available in the docket obtain permission to enter or operate starting May 30, 2018 through August where indicated under ADDRESSES. within the safety zone. The COTP or his 29, 2018 from 9:30 p.m. until 9:45 p.m. on-scene representative may be G. Protest Activities Additionally, this safety zone will also contacted via VHF Channel 16 or at be enforced on July 4, 2018 from 9:30 The Coast Guard respects the First (313) 568–9464. Vessel operators given p.m. until 10 p.m., on September 2, Amendment rights of protesters. permission to enter or operate in the 2018 from 9:30 p.m. until 9:45 p.m., on Protesters are asked to contact the regulated area must comply with all FOR FURTHER December 1, 2018 from 9:30 p.m. until person listed in the directions given to them by the COTP or INFORMATION CONTACT 9:45 p.m., and on December 31, 2018 section to his on-scene representative. coordinate protest activities so that your from 11:45 p.m. until 12:30 a.m. on message can be received without Dated: May 14, 2018. January 1, 2019. This safety zone jeopardizing the safety or security of Jeffrey W. Novak, encompasses all waters of Lake people, places or vessels. Captain, U.S. Coast Guard, Captain of the Michigan within Chicago Harbor Port Detroit. bounded by coordinates beginning at List of Subjects in 33 CFR Part 165 [FR Doc. 2018–10750 Filed 5–18–18; 8:45 am] 41°53′26.5″ N, 087°35′26.5″ W; then Harbors, Marine safety, Navigation BILLING CODE 9110–04–P south to 41°53′7.6″ N, 087°35′26.3″ W; (water), Reporting and recordkeeping then west to 41°53′7.6″ N, 087°36′23.2″ requirements, Security measures, W; then north to 41°53′26.5″ N, Waterways. DEPARTMENT OF HOMELAND 087°36′24.6″ W; then east back to the SECURITY For the reasons discussed in the point of origin (NAD 83). Entry into, transiting, or anchoring within the preamble, the Coast Guard amends 33 Coast Guard CFR part 165 as follows: safety zone is prohibited unless authorized by the Captain of the Port 33 CFR Part 165 PART 165—REGULATED NAVIGATION Lake Michigan or a designated on-scene AREAS AND LIMITED ACCESS AREAS [Docket No. USCG–2018–0335] representative. This notice of enforcement is issued ■ 1. The authority citation for part 165 Safety Zone; Chicago Harbor, Navy under authority of 33 CFR 165.931 and continues to read as follows: Pier Southeast, Chicago, IL 5 U.S.C. 552(a). In addition to this Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AGENCY: Coast Guard, DHS. notice in the Federal Register, the Coast Guard will provide the maritime 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; ACTION: Notice of enforcement of community with advance notification of Department of Homeland Security Delegation regulation. No. 0170.1. the above-specified enforcement periods

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of this safety zone via Broadcast Notice SUMMARY: The Environmental Protection information is not publicly available, to Mariners and Local Notice to Agency (EPA) is finalizing action on e.g., Confidential Business Information Mariners. The Captain of the Port Lake revisions to the Bay Area Air Quality or other information whose disclosure is Michigan or a designated on-scene Management District (BAAQMD or restricted by statute. Certain other representative may be contacted via District) portion of the California State material, such as copyrighted material, Channel 16, VHF–FM or at (414) 747- Implementation Plan (SIP). These is not placed on the internet and will be 7182. revisions concern permit program rules publicly available only in hard copy Dated: May 3, 2018 governing the issuance of permits for form. Publicly available docket stationary sources, including review and Thomas J. Stuhlreyer, materials are available through http:// permitting of major sources and major www.regulations.gov, or please contact Captain, U.S. Coast Guard, Captain of the modifications under parts C and D of FOR FURTHER Port Lake Michigan. the person identified in the title I of the Clean Air Act (CAA), and INFORMATION CONTACT section for [FR Doc. 2018–10822 Filed 5–18–18; 8:45 am] the issuance and banking of Emission additional availability information. BILLING CODE 9110–04–P Reduction Credits. The revisions correct FOR FURTHER INFORMATION CONTACT: deficiencies in BAAQMD Regulation 2, Laura Yannayon, EPA Region 9, (415) Rules 1 and 2, and Regulation 2, Rule 972–3534, [email protected]. 4, previously identified by the EPA in ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: AGENCY final rules dated August 1, 2016, and December 4, 2017, respectively. Throughout this document, the terms 40 CFR Part 52 Approval of this SIP revision terminates ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. the sanctions clock and federal Table of Contents [EPA–R09–OAR–2018–0080; FRL–9977– implementation plan (FIP) clock that I. Proposed Action 24—Region 9] were triggered by the EPA’s limited disapproval of a related SIP submission II. Public Comments and EPA Responses Revisions to California State III. EPA Action on August 1, 2016. IV. Incorporation by Reference Implementation Plan; Bay Area Air DATES: This rule will be effective on V. Statutory and Executive Order Reviews Quality Management District; June 20, 2018. I. Proposed Action Stationary Sources; New Source ADDRESSES: The EPA has established a Review docket for this action under Docket No. On March 1, 2018 (83 FR 8822), the AGENCY: Environmental Protection EPA–R09–OAR–2018–0080. All EPA proposed to fully approve the Agency (EPA). documents in the docket are listed on following rules that were submitted for the http://www.regulations.gov website. incorporation into the BAAQMD ACTION: Final rule. Although listed in the index, some portion of the California SIP.

TABLE 1—SUBMITTED RULES

Regulation & Rule No. Rule title Amended Submitted

Regulation 2, Rule 1 (Rule 2–1) ...... Permits, General Requirements ...... 12/6/2017 12/14/17 Regulation 2, Rule 2 (Rule 2–2) ...... Permits, New Source Review ...... 12/6/2017 12/14/17 Regulation 2, Rule 4 (Rule 2–4) ...... Permits, Emissions Banking ...... 12/6/2017 12/14/17

We proposed approval of these rules of additional regulation, these rules is not presently before the EPA; because we determined that the rules comments did not address the therefore the comment is not germane to met the statutory requirements for SIP regulations at issue in the present the present rulemaking. With respect to revisions as specified in sections 110(l) rulemaking, nor did they indicate that the rule that is presently before the and 193 of the CAA, as well as the the submitted rules do not meet the Agency, the District states that it substantive statutory and regulatory requirements of the Act. One supports the proposed approval, and requirements for a NSR permit program commenter stated that ‘‘adopting best does not indicate that the submission as contained in CAA section available retrofit control technology does not meet all applicable 110(a)(2)(C), and 40 CFR 51.160–51.166. (BARCT) is absolutely imperative if the requirements of the Act.1 II. Public Comments and EPA air quality crisis is to be mitigated.’’ Responses BARCT is a state law requirement, not 1 In its comment, the District stated that it a requirement of the Clean Air Act. incorporates by reference certain prior comments The EPA’s proposed action provided Therefore, consideration of BARCT is submitted by the District regarding the EPA’s a 30-day public comment period. During November 12, 2016 proposed action on the outside the scope of the present this period, we received 13 comments District’s submission of a previous version of rulemaking. Regulation 2, Rules 1 and 2. These comments relate on the proposed rule. Twelve of these to a previous version of the rule, and the District comments raised issues that are outside The BAAQMD submitted a comment does not suggest that they address deficiencies with the scope of our proposed approval of stating that it ‘‘supports EPA’s proposed the present rule, or issues germane to the present the BAAQMD rules, including climate approval of the Air District’s New action. Moreover, the referenced comments were Source Review rule revisions,’’ but not properly presented to the Agency for change science, air toxics regulation, consideration. As stated in our proposed rule, and rare earth mining, wind power costs and noting that it disagrees with the EPA’s the EPA’s public comment guidance: ‘‘[t]he EPA regulations, and pipeline and export characterization of portions of the will generally not consider comments or comment terminal construction. Although some District’s prior submission of earlier contents located outside of the primary versions of Regulation 2, Rules 1 and 2 submission.’’ 83 FR 8822. For these reasons, the commenters made general statements EPA does not herein specifically respond to issues about the sufficiency of current air as ‘‘deficiencies.’’ The District’s raised in the District’s previously submitted quality in the United States and the cost previously submitted version of these comment in a separate rulemaking docket.

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During the comment period the EPA at the U.S. Environmental Protection • Does not provide the EPA with the also received four comments on the Agency, Region IX (Air-3), 75 discretionary authority to address, as interim final determination to defer Hawthorne Street, San Francisco, CA, appropriate, disproportionate human sanctions (83 FR 8750) that 94105–3901. health or environmental effects, using accompanied the proposed rule. These practicable and legally permissible V. Statutory and Executive Order comments raised issues that were not methods, under Executive Order 12898 germane to the interim final Reviews (59 FR 7629, February 16, 1994). determination. Additional information about these In addition, the SIP is not approved The EPA is required to approve a state statutes and Executive Orders can be to apply on any Indian reservation land SIP submission if the submittal meets found at http://www2.epa.gov/laws- or in any other area where the EPA or all of the applicable requirements of the regulations/laws-and-executive-orders. an Indian tribe has demonstrated that a Act. 42 U.S.C. 7410(k)(3). None of the Under the Clean Air Act, the tribe has jurisdiction. In those areas of submitted comments indicate that the Administrator is required to approve a Indian country, the rule does not have District’s submittal of Regulation 2, SIP submission that complies with the tribal implications and will not impose Rules 1, 2, and 4 does not meet the provisions of the Act and applicable substantial direct costs on tribal requirements of the Act. Federal regulations. 42 U.S.C. 7410(k); governments or preempt tribal law as 40 CFR 52.02(a). Thus, in reviewing SIP specified by Executive Order 13175 III. EPA Action submissions, the EPA’s role is to (65 FR 67249, November 9, 2000). No comments were submitted that approve state choices, provided that List of Subjects in 40 CFR Part 52 change our assessment that submitted they meet the criteria of the Clean Air Regulation 2, Rules 1, 2 and 4 satisfy the Act. Accordingly, this action merely Environmental protection, Air applicable CAA requirements. approves state law as meeting Federal pollution control, Incorporation by Therefore, under CAA sections 110(k)(3) requirements and does not impose reference, Intergovernmental relations, and 301(a), and for the reasons set forth additional requirements beyond those New source review, Ozone, Particulate in our March 1, 2018 proposed rule, we imposed by state law. For that reason, matter, Reporting and recordkeeping are fully approving Regulation 2, Rules this action: requirements, Volatile organic 1, 2 and 4. This action incorporates the • Is not a significant regulatory action compounds. submitted rules into the BAAQMD subject to review by the Office of Authority: 42 U.S.C. 7401 et seq. portion of the California SIP and makes Management and Budget under Dated: April 18, 2018. them federally enforceable. In addition, Executive Orders 12866 (58 FR 51735, Alexis Strauss, because we are finalizing our proposed October 4, 1993) and 13563 (76 FR 3821, action, we are removing existing January 21, 2011); Acting Regional Administrator, Region IX. Regulation 2, Rules 1, 2 and 4 from the • Is not an Executive Order 13771 Part 52, chapter I, title 40 of the Code BAAQMD portion of the California SIP. (82 FR 9339, February 2, 2017) of Federal Regulations is amended as Upon the effective date of today’s regulatory action because SIP approvals follows: final approval, all sanctions clocks and are exempted under Executive Order FIP clocks that were triggered upon our 12866; PART 52—APPROVAL AND final limited disapproval at 81 FR 50339 • Does not impose an information PROMULGATION OF (August 1, 2016) of previous versions of collection burden under the provisions IMPLEMENTATION PLANS Regulation 2, Rules 1 and 2, and of the Paperwork Reduction Act (44 ■ 1. The authority citation for part 52 deferred upon our interim final rule at U.S.C. 3501 et seq.); continues to read as follows: 83 FR 8750 (March 1, 2018), are • Is certified as not having a permanently terminated. In addition, by significant economic impact on a Authority: 42 U.S.C. 7401 et seq. submitting an updated version of substantial number of small entities Regulation 2, Rule 4, addressing the under the Regulatory Flexibility Act Subpart F—California deficiencies identified in our (5 U.S.C. 601 et seq.); ■ • 2. Section 52.220 is amended by conditional approval at 82 FR 57133 Does not contain any unfunded adding paragraphs (c)(429)(i)(E)(4) and (December 4, 2017), the District has met mandate or significantly or uniquely (c)(502) to read as follows: the commitment that served as the basis affect small governments, as described for our conditional approval. Therefore, in the Unfunded Mandates Reform Act § 52.220 Identification of plan—in part. upon the effective date of today’s final of 1995 (Pub. L. 104–4); * * * * * approval of Regulation 2, Rule 4, • Does not have Federalism (c) * * * amended December 6, 2017, the EPA is implications as specified in Executive (429) * * * removing from the SIP the conditional Order 13132 (64 FR 43255, August 10, (i) * * * approval of Regulation 2, Rule 4, 1999); (E) * * * amended December 19, 2012. • Is not an economically significant (4) Previously approved on August 1, regulatory action based on health or 2016 in paragraphs (c)(429)(i)(E)(1) and IV. Incorporation by Reference safety risks subject to Executive Order (2), and on December 4, 2017 in In this rule, the EPA is finalizing 13045 (62 FR 19885, April 23, 1997); paragraph (c)(429)(i)(E)(3) of this section regulatory text that includes • Is not a significant regulatory action and now deleted with replacement in incorporation by reference. In subject to Executive Order 13211 (66 FR paragraph (c)(502)(i)(A)(1) of this accordance with requirements of 1 CFR 28355, May 22, 2001); section, Regulation 2, Rules 1, 2, and 4. 51.5, the EPA is finalizing the • Is not subject to requirements of * * * * * incorporation by reference of the rules Section 12(d) of the National (502) Amended regulations for the listed in Table 1 of this preamble. The Technology Transfer and Advancement following APCD were submitted on EPA has made, and will continue to Act of 1995 (15 U.S.C. 272 note) because December 14, 2017 by the Governor’s make, these documents generally application of those requirements would Designee. available electronically through be inconsistent with the Clean Air Act; (i) Incorporation by reference. (A) Bay www.regulations.gov and in hard copy and Area Air Quality Management District.

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(1) Regulation 2, ‘‘Permits,’’ Rule 1, received to its public docket. Do not any disks or CD–ROMs that you submit. ‘‘General Requirements,’’ adopted on submit electronically any information If the EPA cannot read your comments December 6, 2017; Regulation 2, you consider to be Confidential because of technical difficulties and ‘‘Permits,’’ Rule 2, ‘‘New Source Business Information (CBI) or other cannot contact you for clarification, the Review,’’ adopted on December 6, 2017; information whose disclosure is EPA may not be able to consider your and Regulation 2, ‘‘Permits,’’ Rule 4, restricted by statute. Multimedia comments fully. Electronic files should ‘‘Emissions Banking,’’ adopted on submissions (audio, video, etc.) must be avoid the use of special characters and December 6, 2017. accompanied by a written comment. any form of encryption and should be The written comment is considered the free of any defects or viruses. § 52.248 [Amended] official comment and should include All documents in the Docket are listed ■ 3. Section 52.248 is amended by discussion of all points you wish to in the http://www.regulations.gov index. removing and reserving paragraph (c). make. The EPA will generally not Although listed in the index, some [FR Doc. 2018–10691 Filed 5–18–18; 8:45 am] consider comments or comment information is not publicly available, contents located outside of the primary BILLING CODE 6560–50–P e.g., CBI or other information whose submission (i.e., on the web, cloud, or disclosure is restricted by statute. other file sharing system). For Certain other material, such as ENVIRONMENTAL PROTECTION additional submission methods, the full copyrighted material, will be publicly AGENCY EPA public comment policy, available only in hard copy. Publicly- information about CBI or multimedia available Docket materials can be 40 CFR Part 300 submissions, and general guidance on obtained either electronically at http:// making effective comments, please visit www.regulations.gov or in hard copy at: [EPA–HQ–SFUND–1983–0002; FRL–9978– http://www2.epa.gov/dockets/ 05–Region 2] U.S. Environmental Protection Agency, commenting-epa-dockets. • Email: [email protected]. Region 2, Superfund Records Center, National Oil and Hazardous • 290 Broadway, 18th Floor, New York, Substances Pollution Contingency Mail: To the attention of Christos Tsiamis, Remedial Project Manager, NY 10007–1866, Phone: 212–637– Plan; National Priorities List: Deletion 4308, Hours: Monday to Friday from of the Fulton Terminals Superfund Site Emergency and Remedial Response Division, U.S. Environmental Protection 9:00 a.m. to 5:00 p.m., and AGENCY: Environmental Protection Agency, Region 2, 290 Broadway, 20th Fulton Public Library, 160 South First Agency. Floor, New York, NY 10007–1866. Street, Fulton, NY 13069, Phone: 315– • 592–5159, Hours: Tue–Thu: 9:00 ACTION: Direct final rule. Hand Delivery: Superfund Records Center, 290 Broadway, 18th Floor, New a.m.–7:00 p.m., Fri: 9:00 a.m.–5:00 SUMMARY: The Fulton Terminals York, NY 10007–1866 (telephone: 212– p.m., Sat: 10:00 a.m.–3:00 p.m. Superfund site (Site), located in the City 637–4308). Such deliveries are only FOR FURTHER INFORMATION CONTACT: of Fulton, Oswego County, New York, accepted during the Record Center’s Christos Tsiamis, Remedial Project originally consisted of an ‘‘On-Property’’ normal hours of operation (Monday to Manager, Emergency and Remedial area and an ‘‘Off-Property’’ area. The Friday from 9:00 a.m. to 5:00 p.m.). Response Division, U.S. Environmental On-Property area was deleted from the Special arrangements should be made Protection Agency, 290 Broadway, 20th National Priorities List (NPL) in 2015. for deliveries of boxed information. Floor, New York, NY 10007–1866, 212– The Off-Property area remained on the Instructions: Direct your comments to 637–4257, or [email protected]. Docket ID no. EPA–HQ–SFUND–1983– NPL because residual groundwater SUPPLEMENTARY INFORMATION: contamination was still present. 0002. Because the groundwater in the Off- The EPA’s policy is that all comments Table of Contents received will be included in the Docket Property area has achieved the cleanup I. Introduction levels, the U.S. Environmental without change and may be made II. NPL Deletion Criteria Protection Agency (EPA) is issuing this available online at http:// III. Deletion Procedures Notice of Deletion (NOD) of the Off- www.regulations.gov, including any IV. Basis for Site Deletion Property area from the NPL and requests personal information provided, unless V. Deletion Action public comments on this action. the comment includes information claimed to be CBI or other information I. Introduction DATES: This direct final deletion will be whose disclosure is restricted by statute. The Site, located in the City of Fulton, effective July 20, 2018 unless the EPA Do not submit information that you Oswego County, New York, originally receives adverse comments by June 20, consider to be CBI or otherwise consisted of an ‘‘On-Property’’ area, an 2018. If adverse comments are received, protected through http:// approximately 1.5-acre parcel of land the EPA will publish a timely www.regulations.gov or via email. The bounded on the west by First Street, on withdrawal of this direct final NOD in http://www.regulations.gov website is the south by Shaw Street, on the east by the Federal Register, informing the an ‘‘anonymous access’’ system, which New York State Route 481 and on the public that the deletion will not take means the EPA will not know your north by a warehouse, and an ‘‘Off- effect. identity or contact information unless Property’’ area, defined by the area ADDRESSES: Submit your comments, you provide it in the body of your between the On-Property area’s western identified by Docket ID No. EPA–HQ– comments. If you send comments to the property boundary to the Oswego River SFUND–1983–0002, by one of the EPA via email, your email address will (approximately 50 feet). following methods: be included as part of the comment that The On-Property area was deleted • Website: http:// is placed in the Docket and made from the NPL on April 6, 2015 (80 FR www.regulations.gov. Follow the online available on the website. If you submit 5957). Because residual groundwater instructions for submitting comments. electronic comments, the EPA contamination (cis-1,2-dichloroethene Once submitted, comments cannot be recommends that you include your [DCE] and vinyl chloride [VC]) was still edited or removed from regulations.gov. name and other contact information in present at the Off-Property area, the Off- The EPA may publish any comment the body of your comments and with Property area remained on the NPL, and

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groundwater monitoring and five-year EPA’s action to delete the Off-Property published in a major local newspaper, reviews were still required for this area. area from the NPL unless adverse the Palladium-Times. The newspaper Groundwater samples were collected comments are received during the notice announces the 30-day public from the Off-Property area in July 2016, public comment period. comment period concerning the NOID June 2017, and September 2017, and regarding the Off-Property area from the they were analyzed for cis-1,2–DCE and II. NPL Deletion Criteria NPL. VC. The reported concentrations of The NCP establishes the criteria that iv. The EPA placed copies of these constituents detected in the the EPA uses to delete sites from the documents supporting the proposed analyses of these samples were all NPL. In accordance with 40 CFR deletion in the Deletion Docket and below the cleanup levels, with two of 300.425(e), sites may be deleted from made these items available for public the three being ‘‘non-detect’’ (meaning the NPL where no response or no inspection and copying at the Site concentrations were below the further response is appropriate. In information repositories identified laboratory detection limits of 0.5 making such a determination pursuant above. micrograms per liter [mg/L]). Based on to 40 CFR 300.425(e), The EPA will Deletion of a site from the NPL does an analysis of all the groundwater consider, in consultation with the State, not itself create, alter, or revoke any monitoring wells and associated whether any of the following criteria individual’s rights or obligations. contaminant-specific data, it was have been met: Deletion of a site from the NPL does not concluded that the groundwater remedy i. Responsible parties or other parties in any way alter the EPA’s right to take has achieved the cleanup levels selected have implemented all appropriate enforcement actions, as appropriate. for the Site, and data analysis indicates response actions required; The NPL is designed primarily for that the contaminant levels in the ii. All appropriate Fund-financed informational purposes and to assist the groundwater will remain below these responses under CERCLA have been EPA’s management of sites. Section standards. Therefore, the EPA has implemented, and no further action by 300.425(e)(3) of the NCP states that the determined that the response action is responsible parties is appropriate; or deletion of a site from the NPL does not completed and that no further iii. The remedial investigation (RI) has preclude eligibility for further response groundwater monitoring or five-year shown that the release of hazardous actions should future conditions reviews at the Site are necessary. substances poses no significant threat to warrant such actions. EPA Region 2 is publishing this direct public health or the environment and, IV. Basis for Site Deletion final NOD of the Site from the NPL. The therefore, taking of remedial measures is NPL constitutes appendix B of 40 CFR not appropriate. The following information provides part 300, which is part of the NCP, Pursuant to CERCLA section 121(c) the Agency’s rationale for deleting the which the EPA promulgated pursuant to and the NCP, the EPA conducts five- Off-Property area from the NPL. section 105 of the Comprehensive year reviews to ensure the continued Site Background and History Environmental Response, protectiveness of remedial actions Compensation, and Liability Act where hazardous substances, pollutants, The Site (NYD980593099), located in (CERCLA) of 1980, as amended. The or contaminants remain at a site above the City of Fulton, Oswego County, New EPA maintains the NPL as the list of levels that allow for unlimited use and York, originally consisted of a 1.5-acre releases that appear to present a unrestricted exposure. The EPA ‘‘On-Property’’ area, which is bounded significant risk to public health, welfare, conducts such five-year reviews even if on the west by First Street, on the south or the environment. The releases on the a site is deleted from the NPL. The EPA by Shaw Street, on the east by New York NPL may be the subject of remedial may initiate further action to ensure State Route 481, and on the north by a actions financed by the Hazardous continued protectiveness at a deleted warehouse, and an ‘‘Off-Property’’ area, Substance Superfund (Fund). As site if new information becomes defined by the area between the On- described in § 300.425(e)(3) of the NCP, available that indicates it is appropriate. Property area’s western property a site deleted from the NPL remains Whenever there is a significant release boundary to the Oswego River eligible for Fund-financed remedial from a site deleted from the NPL, the (approximately 50 feet). The Site is in action if future conditions at the site deleted site may be restored to the NPL an industrial section of the City of warrant such actions. without application of the hazard Fulton. The Oswego River is used for The EPA and the State of New York, ranking system. recreation. Residences, city and county through the New York State Department offices, and several businesses are of Environmental Conservation III. Deletion Procedures located within a 1,500-foot radius of the (NYSDEC), have determined that all The following procedures apply to the Site. appropriate response actions under deletion of the Off-Property area. From 1936 to 1960, the primary CERCLA have been completed at the i. The EPA consulted with the State activity on the On-Property area was the Site and that it no longer poses a threat of New York prior to developing this manufacturing of roofing materials, to public health or the environment. direct final NOD and the Notice of which involved the storage of asphalt in Therefore, the EPA and NYSDEC have Intent to Delete (NOID) also published above-ground tanks and fuel oil storage concluded that this NOD may proceed. today in the ‘‘Proposed Rules’’ section in underground tanks. From 1972 to However, this deletion does not of the Federal Register. 1977, the property was used by Fulton preclude future actions under ii. The EPA has provided the State Terminals, Inc. as a staging and storage Superfund should future conditions with 30 working days for review of this area for solvents and other materials warrant such action. notice and the parallel NOID prior to that were scheduled for incineration at Section II of this document explains their publication today, and the State, the Pollution Abatement Services the criteria for deleting sites from the through the NYSDEC, has concurred on facility located elsewhere in Oswego, NPL. Section III discusses procedures the deletion of the Off-Property area New York. Operations at the Fulton that the EPA is using for this action. from the NPL. Terminals facility resulted in the Section IV discusses the Off-Property iii. Concurrent with the publication of contamination of the groundwater, soil, area and demonstrates how it meets the this direct final NOD, a notice of the and sediments with volatile organic deletion criteria. Section V discusses the availability of the parallel NOID is being compounds (VOCs).

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From 1981 to 1983, Fulton Terminals, contaminated soils located above the contaminated soils below the water Inc. removed several tanks as part of a water table, and pumping, air stripping, table. The excavation, treatment, and voluntary cleanup program. These carbon adsorption, and reinjection as backfilling were completed in 1996. The activities ceased in 1983 after the the treatment method for the total amount of contaminated source facility operator was fined by the contaminated groundwater. The remedy material that was remediated was NYSDEC for the improper disposal of also included the implementation of 10,200 CY. Post-excavation soil polychlorinated biphenyls. The Site was institutional controls to prevent the sampling results indicated that residual listed on the NPL in 1983. utilization of the groundwater at the levels of VOCs in soils were well below The EPA and certain potentially Site. The objective of the soil remedy the target cleanup levels. A Remedial responsible parties (PRPs) conducted was to reduce the concentrations of Action Report documenting the removal activities at the Site in 1986, VOCs in the soils to levels that would completion of the soil remedy was consisting of constructing a seven-foot no longer cause the groundwater quality approved by the EPA on September 30, perimeter fence around the Site, posting to exceed groundwater standards 1996. warning signs, removing two above- because of percolation of precipitation Groundwater Remediation ground tanks and two underground through the unsaturated soils. tanks, removing approximately 300 The groundwater remedy called for in cubic yards (CY) of visibly- Remedy Implementation the ROD required the reduction of VOC contaminated soil and tar-like wastes, A consent decree was signed by the concentrations to federal Maximum and excavating storm drains that were PRPs in 1990, in which they agreed to Contaminant Levels (MCLs) and New acting as a conduit for contaminated design and implement the remedy York State’s groundwater quality runoff to enter the Oswego River during called for in the ROD. The consent standards by pumping the groundwater storm events. An additional removal decree became effective in 1991. from the saturated sand and gravel zone action was performed in 1990, which underlying the Site, treating the Soil Remediation involved the construction of earthen groundwater by air stripping and carbon barriers for the prevention of surface The remedial design (RD) of the soil adsorption, and reinjecting the water runoff from the Site. excavation and treatment was initiated into the saturated sand and gravel zone. by Blasland, Bouck & Lee, Inc. (BBL), The design of the groundwater Remedial Investigation and Feasibility the contractor for the PRPs, in 1991. remediation was performed from 1991 Study Results Pre-RD sampling revealed the to 1994. Initiation of the groundwater From 1985 to 1987, NYSDEC’s presence of a significant amount of remedial action was, however, contractor, URS Company, Inc., contamination in the deep soil (from the postponed until all the soil activities at performed a remedial investigation/ water table down to bedrock). Because the Site were completed. At that time, feasibility study (RI/FS) at the Site. The the contaminated soil below the water a horizontal extraction well system RI/FS report that was generated from table would continue to leach consisting of a gallery of perforated these efforts was declared invalid by contaminants to the groundwater, the piping and a collection manhole was NYSDEC because of problems EPA concluded that remediating this installed at the base of the excavation. associated with the laboratory analyses. soil would be beneficial to the long-term Given the overall effectiveness of the A revised RI/FS report, based on groundwater cleanup. soil remedy, it was determined that additional sampling, was prepared by Remedial alternatives to address the groundwater standards could be NYSDEC’s contractor in 1988. The EPA contaminated soils below the water achieved within a relatively short time concluded, however, that the revised table were evaluated in a focused frame if the groundwater extraction RI/FS report did not fully characterize feasibility study (FFS) completed by could be commenced immediately. the Site. Accordingly, the EPA BBL in 1994. The EPA determined that Utilizing a mobile treatment system, an performed a supplemental RI/FS. The specialized methods for stabilizing the expedited pumping of the contaminated conclusions set forth in the deep excavation area would be required groundwater commenced on February supplemental RI/FS, completed in 1989 for the removal of the contaminated 11, 1997. The operation of the by the EPA’s contractor, Ebasco soils because of the excavation depth, groundwater extraction and treatment Services, Inc., indicated that various the need for control of groundwater system (including groundwater VOCs were present in the unsaturated infiltration into the excavation area, and reinjection/surface water discharge), as soil (above the water table) and in the the proximity of the Site to the Oswego well as weekly influent/effluent groundwater at the Site. An River. monitoring conducted during its Endangerment Assessment for the Site, Based on the results of the pre-RD operation, was performed by Clean which was also completed in 1989, sampling effort and the findings of the Harbors on behalf of the PRPs. The contained conclusions that minimal FFS, the EPA modified the soil remedy system was shut down on May 30, 1997, human health risks were associated in a 1994 Explanation of Significant when sampling data of the influent with the existing Site conditions. Differences (ESD). The ESD called for indicated that the objectives of the However, the supplemental RI/FS the excavation of the VOC-contaminated expedited pumping program had been process revealed that the leaching of soils in the saturated zone (below the achieved. During the 12-week operation VOCs from the contaminated on-site soil water table), followed by the treatment period, approximately 8.8 million into the groundwater posed a risk to the of the excavated soils by LTTD. gallons of contaminated groundwater environment. Following the completion of the plans were extracted and treated. Subsequent and specifications related to the soil groundwater sampling showed that Record of Decision Findings remedy in 1995, BBL initiated MCLs had been achieved in the source On September 29, 1989, a Record of construction of the soil remedy. Because area, and groundwater modeling Decision (ROD) was signed, in which of the proximity of the Site to the indicated that the Off-Property VOCs the EPA documented the selection of Oswego River, a ‘‘freeze wall’’ was used, would naturally attenuate in a excavation and low temperature thermal which is a construction process ‘‘reasonable’’ time frame (i.e., within 20 desorption (LTTD) as the treatment whereby the ground is frozen at depth to 30 years). Residual subsurface ice method of approximately 4,000 CY of to allow the dry excavation of from the freeze wall precluded an

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accurate evaluation of the groundwater Terminals Superfund Site (EPA ID# above their respective cleanup levels, remedy performance (the two NYD980593099)—Cessation of Five- though concentration trends were downgradient monitoring wells were Year Reviews. decreasing. As a result, biannual frozen). Following the forced thaw of sampling continued at these two Community Involvement the freeze wall via steam injection by monitoring wells. the PRPs in 1998, the temperature of the Public participation activities for the In 2006, it was determined that the groundwater and the concentrations of Site have been satisfied as required groundwater had reached cleanup levels contaminants were monitored. pursuant to CERCLA sections 113(k) for multiple sampling events in one of Groundwater samples collected in 1999 and 117, 42 U.S.C. 9613(k) and 9617. As the two remaining Off-Property area indicated that the freeze wall was no part of the remedy selection process, the monitoring wells. As such, sampling at longer intact (i.e., the two monitoring public was invited to comment on the this well was discontinued in 2006. wells were free of ice) and that the proposed remedy. All other documents Through 2009, biannual sampling contamination levels in these wells and information that the EPA relied on continued. Groundwater in the one were decreasing. Completion of the or considered in recommending this remaining monitoring well continued to groundwater operation and transition to deletion are available for the public to show cis-1,2- DCE and VC above their long-term groundwater monitoring was review at the information repositories respective cleanup levels. It was documented in the September 30, 1999 identified above. determined that groundwater sampling Remedial Action Report. Determination That the Site Meets the should continue. Samples were Criteria for Deletion From the NCP collected from 2009 to 2017 and were Institutional Controls used to demonstrate attainment, as The remedy included the For groundwater restoration remedies, discussed below. implementation of institutional controls the EPA recommends in OSWER Cis-1,2-DCE Attainment Analysis to prevent the utilization of the 9355.0–129, Guidance for Evaluating groundwater at the Site. A deed Completion of Groundwater Restoration Five data points from 2013 to 2017 restriction prohibiting the installation of Remedial Actions, that contaminant of were analyzed using both a visual and wells at the Site was filed with the concern (COC) concentrations be statistical analysis. Specific to the Oswego County Clerk’s office on July evaluated on a monitoring well-by- groundwater meeting the cis-1,2-DCE 31, 2009. Groundwater has been monitoring well basis to assess whether cleanup level of 5 mg/L, a statistical remediated to attain drinking water aquifer restoration is complete (i.e., that analysis was conducted, and the EPA standards. Therefore, this institutional the groundwater has met and will concluded that the mean concentration control is no longer a necessary continue to meet cleanup levels for all was 3.1 mg/L; however, much like the component of the CERCLA response COCs in the future). The guidance VC data, because of statistical variation, action. document includes a recommendation the 95 percent upper confidence limit that sufficient data be collected and on the mean was 14.1 mg/L. Although Deletion of On-Property Area of Site evaluated using appropriate visual or the upper confidence limit was three On April 6, 2015, the On-Property statistical methods to assist in this times the cleanup level, the last three area was deleted from the NPL. This determination. data points collected in 2016 and 2017 deletion addressed all media for this After completion of the groundwater were all below the cleanup level, with area, namely surface soils, subsurface portion of the remedy in 1999, a two of the three being ‘‘non-detect’’ soils, and groundwater. Because sampling and analysis plan to assess the (below the laboratory detection limit of residual groundwater contamination effectiveness of the groundwater remedy 0.5 mg/L) As such, it was determined remained in the Off-Property area, was completed. The groundwater that the data provided assurance that groundwater monitoring and five-year monitoring well network included three the cleanup level for cis-1,2-DCE had reviews were still required for the Off- source-area (i.e., On-Property) been met in this monitoring well. Property area. Information supporting monitoring wells and five Off-Property The data was also evaluated using a the partial deletion of the On-Property monitoring wells. The initial plan time-dependent trend. The trend for the area can be found in the Federal required three years of post-remedy five data points had a statistically Register (80 FR 5957). groundwater monitoring (March 2000 significant decreasing sloping providing through September 2002) to verify the assurance that the groundwater will Five-Year Review successful performance of the continue to meet the cleanup level. Five-year reviews of the Site were groundwater remedy. In October 2003, VC Attainment Analysis performed in September 2004, June the groundwater long-term monitoring 2009, and May 2014. In the last five-year was extended for an additional three Six data points from 2009 through review, the EPA concluded that the years. 2017 were analyzed using both a visual implemented remedy is protective of Groundwater samples collected from and statistical analysis. Specific to the human health and the environment. 2000–2004 showed ‘‘non-detect’’ groundwater meeting the VC cleanup Based on the determination that the concentrations for all the groundwater level of 2 mg/L, a statistical analysis was remedy’s cleanup levels for COCs in six of the eight monitoring conducted for the six data points, and groundwater have been achieved, no wells (two Off-Property area wells still the EPA concluded that the mean further five-year reviews are warranted had elevated concentrations of concentration was 1.2 mg/L; however, because the Site has achieved unlimited trichloroethylene [TCE], cis-1,2-DCE, because of statistical variation, the 95 use/unrestricted exposure. This and VC). As a result, sampling at the six percent upper confidence limit on the determination is documented in a monitoring wells was discontinued and mean was 2.8 mg/L, slightly above the December 21, 2017 memorandum from they were properly abandoned in 2004. cleanup level of 2 mg/L. Although the John Prince, Acting Director, Emergency As of 2004, the two remaining upper confidence limit was slightly and Remedial Response Division, EPA monitoring wells demonstrated above 2 mg/L, the last three data points Region 2, to James Woolford, Director, attainment of the groundwater related to collected in 2016 and 2017 are all below Office of Superfund Remediation and the TCE cleanup level; however, cis-1,2- the cleanup level, with two of the three Technology Innovation, entitled Fulton DCE and VC concentrations remained being ‘‘non-detect’’ (below the

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laboratory detection limit of 0.5 mg/L). adverse comments by June 20, 2018. If information collection associated with As such, it was determined that the data adverse comments are received within rules adopted in the Commission’s provided assurance that the cleanup the 30-day public comment period of document Access to level for VC had been met in this this action, the EPA will publish a Telecommunication Equipment and monitoring well. timely withdrawal of this direct final Services by Persons with Disabilities; The data was also evaluated using a NOD before the effective date of the Amendment of the Commission’s Rules time-dependent trend. The trend for the deletion, and the deletion will not take Governing Hearing Aid-Compatible six data points had a statistically effect. The EPA will prepare a response Mobile Handsets et. al., Report and significant decreasing slope providing to comments and continue with the Order and Order on Reconsideration assurance that the groundwater will deletion process based on the NOID and (Order). This document is consistent continue to meet the cleanup level. the comments received. In such a case, with the Order, which stated that the Conclusion there will be no additional opportunity Commission would publish a document to comment. in the Federal Register announcing the Based on this analysis of all effective date of those rules. groundwater monitoring wells and List of Subjects in 40 CFR Part 300 DATES: The additions of §§ 68.501 associated contaminant-specific data, it Environmental protection, Air through 68.504 (subpart F), published at has been concluded that the pollution control, Chemicals, Hazardous 83 FR 8624, February 28, 2018, are groundwater remedy has achieved the substances, Hazardous waste, effective May 21, 2018. remedial cleanup levels, and data Intergovernmental relations, Penalties, FOR FURTHER INFORMATION CONTACT: analysis indicates that the groundwater Reporting and recordkeeping will remain below these standards. Susan Bahr, Disability Rights Office, requirements, Superfund, Water Consumer and Governmental Affairs Therefore, the groundwater restoration pollution control, Water supply. remedial action is complete in Bureau, at (202) 418–0573, or email: accordance with the remedy, and Dated: April 19, 2018. [email protected]. further groundwater monitoring at the Peter D. Lopez, SUPPLEMENTARY INFORMATION: This Site is no longer necessary. Regional Administrator, EPA, Region 2. document announces that, on May 1, All the completion requirements for For the reasons set out in this 2018, OMB approved, for a period of the Off-Property area have been met, as document, 40 CFR part 300 is amended three years, the information collection described in the December 28, 2017 as follows: requirements contained in the Final Close-Out Report. The State of Commission’s Order, FCC 17–135, New York, in a March 7, 2018 letter, PART 300—NATIONAL OIL AND published at 83 FR 8624, February 28, concurred with the proposed deletion of HAZARDOUS SUBSTANCES 2018. The OMB Control Number is the Site from the NPL. POLLUTION CONTINGENCY PLAN 3060–0687. The Commission publishes The NCP specifies that the EPA may this document as an announcement of delete a site from the NPL if ■ 1. The authority citation for part 300 the effective date of the rules. If you ‘‘responsible parties or other persons continues to read as follows: have any comments on the burden have implemented all appropriate Authority: 33 U.S.C. 1321(d); 42 U.S.C. estimates listed below, or how the response actions required.’’ 40 CFR 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Commission can improve the 300.425(e)(1)(i). The EPA, with the 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, collections and reduce any burdens concurrence of the State of New York, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 caused thereby, please contact Cathy through NYSDEC, believes that this FR 2923, 3 CFR, 1987 Comp., p. 193. Williams, Federal Communications criterion for the deletion of the Site has Appendix B to Part 300 [Amended] Commission, Room 1–C823, 445 12th been met in that the Site no longer poses Street SW, Washington, DC 20554. a threat to public health or the ■ 2. Table 1 of appendix B to part 300 Please include the OMB Control environment. Consequently, the EPA is is amended by removing the listing Number, 3060–0687, in your deleting the Site from the NPL. under New York for ‘‘Fulton correspondence. The Commission will Documents supporting this action are Terminals’’. also accept your comments via the available in the Site files. [FR Doc. 2018–10798 Filed 5–18–18; 8:45 am] internet if you send them to PRA@ BILLING CODE 6560–50–P fcc.gov. V. Deletion Action To request materials in accessible The EPA, with the concurrence of the formats for people with disabilities State of New York through NYSDEC, FEDERAL COMMUNICATIONS (Braille, large print, electronic files, has determined that all appropriate COMMISSION audio format), send an email to fcc504@ responses under CERCLA have been fcc.gov or call the Consumer and completed at the Site and that it no 47 CFR Parts 20 and 68 Governmental Affairs Bureau at (202) longer poses a threat to public health or 418–0530 (voice), (844) 432–2275 the environment. Therefore, the EPA is [CG Docket No. 13–46, WT Docket Nos. 07– (videophone), or (202) 418–0432 (TTY). deleting the Site from the NPL. 250 and 10–254; FCC 17–135] Synopsis The Site is now suitable for unlimited Hearing Aid Compatibility Standards use and unrestricted exposure. As required by the Paperwork Therefore, no further five-year reviews AGENCY: Federal Communications Reduction Act of 1995 (44 U.S.C. 3507), will be conducted for this Site. The Commission. the FCC is notifying the public that it deletion does not preclude future action ACTION: Final rule; announcement of received OMB approval on May 1, 2018, under CERCLA. Because the EPA effective date. for the information collection considers this action to be requirements contained in the noncontroversial and routine, the EPA SUMMARY: In this document, the Commission’s rules at §§ 68.501 through is taking this action without prior Commission announces that the Office 68.504. publication. This action will be effective of Management and Budget (OMB) has Under 5 CFR 1320, an agency may not July 20, 2018 unless the EPA receives approved, for a period of three years, the conduct or sponsor a collection of

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information unless it displays a current, regulations to implement statutory hearing aid compatible have the letters valid OMB Control Number. directives requiring wireline telephone ‘‘HAC’’ permanently affixed. No person shall be subject to any handsets in the United States (for use ACS Telephonic CPE penalty for failing to comply with a with the legacy telephone network) to collection of information subject to the be hearing aid compatible. In 2010, the • New § 68.502(a) of the Paperwork Reduction Act that does not Twenty-First Century Communications Commission’s rules contains display a current, valid OMB Control and Video Accessibility Act (CVAA), information collection requirements for Number. The OMB Control Number is Public Law 111–260, sec. 102, 710(b), ACS telephonic CPE that are similar to 3060–0687. 124 Stat. 2751, 2753 (CVAA) (codified at the HAC label and notice requirements The foregoing notice is required by 47 U.S.C. 610(b)), amended by Public in 47 CFR 68.224 and 68.300 (discussed the Paperwork Reduction Act of 1995, Law 111–265, 124 Stat. 2795 (technical above), i.e., the ‘‘HAC’’ labeling Public Law 104–13, October 1, 1995, corrections to the CVAA), amended requirement for hearing aid compatible and 44 U.S.C. 3507. section 710(b) of the Communications equipment, and the package information The total annual reporting burdens Act of 1934 to apply the HAC for non-hearing aid compatible and costs for the respondents are as requirements to ACS telephonic CPE, equipment, apply to ACS telephonic follows: including VoIP telephones. In CPE. OMB Control Number: 3060–0687. accordance with this provision, the • New § 68.501 of the Commission’s OMB Approval Date: May 1, 2018. OMB Expiration Date: May 31, 2021. Commission adopted Access to rules requires responsible parties to Title: Access to Telecommunications Telecommunications Equipment and obtain certifications of their equipment Equipment and Services by Persons Services by Persons with Disabilities et by using a third-party with Disabilities, CC Docket No. 87–124. al., Report and Order and Order on Telecommunications Certification Body Form Number: N/A. Reconsideration, FCC 17–135, released (TCB) or a Supplier’s Declaration of Type of Review: Revision of a October 26, 2017, which amended the Conformity. (A responsible party is the currently approved collection. HAC rules to cover ACS telephonic CPE party, such as the manufacturer, that is Respondents: Businesses or other for- to the extent such devices are designed responsible for the compliance of ACS profit entities; not-for-profit entities. to be held to the ear and provide two- telephonic CPE with the hearing aid Number of Respondents and way voice communication via a built-in compatibility rules and other applicable Responses: 331 respondents; 3,028 speaker. technical criteria. A Supplier’s responses. The information collections contain Declaration of Conformity is a Estimated Time per Response: .25 third-party disclosure and labeling procedure whereby a responsible party hours (15 minutes) to 24 hours. requirements. The information is used makes measurements or takes steps to Frequency of Response: Annual and to inform consumers who purchase or ensure that CPE complies with technical on-occasion reporting requirements; use wireline telephone equipment standards, which results in a document Third party disclosure requirement. whether the telephone is hearing aid by the same name.) Section 68.501 of Obligation to Respond: Required to compatible; to ensure that the Commission’s rules applies to ACS obtain or retain benefits. The statutory manufacturers comply with applicable telephonic CPE rule sections defining authority for this information collection regulations and technical criteria; to the roles of TCBs and the uses of is contained in section 710 of the ensure that information about ACS Supplier’s Declarations of Conformity Communications Act of 1934, as telephonic CPE is available in a for wireline handsets used with the amended, 47 U.S.C. 610. database administered by the legacy telephone network. Total Annual Burden: 7,236 hours. • New § 68.504 of the Commission’s Total Annual Cost: $991,618. Administrative Council for Terminal Nature and Extent of Confidentiality: Attachments (ACTA); and to facilitate rules requires information about ACS An assurance of confidentiality is not the filing of complaints about the ACS telephonic CPE to be included in a offered because this information telephonic CPE. database administered by ACTA. (ACTA is an organization, previously created collection does not require the Wireline Handsets Used With the Legacy pursuant to FCC regulations, whose key collection of personally identifiable Telephone Network function is to maintain a database of information from individuals. • Privacy Impact Assessment: No 47 CFR 68.224 requires that every telephone equipment.) In addition, ACS impact(s). non-hearing aid compatible wireline telephonic CPE must be labeled as Needs and Uses: This information telephone used with the legacy wireline required by ACTA. collection pertains to the extension of network that is offered for sale to the • New § 68.502(b) through (d) of the the currently approved information public contain in a conspicuous Commission’s rules requires responsible collection requirements concerning location on the surface of its packaging parties to: Warrant that ACS telephonic hearing aid compatibility (HAC) for a statement that the telephone is not CPE complies with applicable wireline handsets used with the legacy hearing aid compatible. If the handset is regulations and technical criteria; give telephone network, updated estimates of offered for sale without a surrounding the user instructions required by ACTA existing burdens that were included in package, then the telephone must be for ACS telephonic CPE that is hearing the February 2015 PRA submission to affixed with a written statement that the aid compatible; give the user a notice for OMB, and new information collection telephone is not hearing aid compatible. ACS telephonic CPE that is not hearing requirements related to HAC for In addition, each handset must be aid compatible; and notify the purchaser wireline handsets used with advanced accompanied by instructions in or user of ACS telephonic CPE whose communications services (ACS), such as accordance with 47 CFR 68.218(b)(2). approval is revoked, that the purchaser Voice over Internet Protocol (VoIP). • 47 CFR 68.300 requires that all or user must discontinue its use. These handsets are known as ACS wireline telephones used with the • New § 68.503 of the Commission’s telephonic customer premises legacy wireline network that are rules requires manufacturers of ACS equipment (ACS telephonic CPE). manufactured in the United States telephonic CPE to designate an agent for Beginning in the 1980s, the (other than for export) or imported for service of process for complaints that Commission adopted a series of use in the United States and that are may be filed at the FCC.

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Federal Communications Commission. FOR FURTHER INFORMATION CONTACT: Commission amends 47 CFR part 54 as Marlene Dortch, Alexander Minard, Wireline follows: Secretary, Office of the Secretary. Competition Bureau, (202) 418–7400 or PART 54—UNIVERSAL SERVICE [FR Doc. 2018–10767 Filed 5–18–18; 8:45 am] TTY: (202) 418–0484. BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: The Commission published a document in ■ 1. The authority citation for part 54 the Federal Register, 82 FR 14466, continues to read as follows: FEDERAL COMMUNICATIONS March 21, 2017 summarizing a Report Authority: 47 U.S.C. 151, 154(i), 155, 201, COMMISSION and Order and Order on 205, 214, 219, 220, 254, 303(r), 403, and 1302 Reconsideration. Although the Report unless otherwise noted. 47 CFR Part 54 and Order and Order on Reconsideration specified a requirement ■ 2. Amend § 54.309 by revising [WC Docket Nos. 10–90, 14–58; FCC 17– paragraphs (a)(2)(iii) and (iv) to read as 12] of 2 terabytes of monthly usage on certain service tiers, the Report and follows: Connect America Fund, ETC Annual Order and Order on Reconsideration § 54.309 Connect America Fund Phase II Reports and Certifications inadvertently failed to include a rules Public Interest Obligations. appendix reflecting that change in the AGENCY: Federal Communications rules. The Commission issued an (a) * * * Commission. Erratum correcting that error, DA 18– (2) * * * 293, released on March 26, 2018. This ACTION: Final rule. (iii) Winning bidders meeting the document includes the amendments above-baseline performance tier SUMMARY: In this document, the Federal that were inadvertently left out of the standards are required to offer Communications Commission document published March 21, 2017. (Commission) amends its rules to broadband service at actual speeds of at require 2 terabytes of monthly usage for List of Subjects in 47 CFR Part 54 least 100 Mbps downstream and 20 certain Connect America Fund Phase II Communications common carriers, Mbps upstream and offer at least 2 auction performance tiers, taking Health facilities, Infants and children, terabytes of monthly usage. another step towards implementing the Internet, Libraries, Reporting and (iv) Winning bidders meeting the Connect America Fund Phase II auction recordkeeping requirements, Schools, Gigabit performance tier standards are in which service providers will compete Telecommunications, Telephone. required to offer broadband service at to receive support of up to $1.98 billion Federal Communications Commission. actual speeds of at least 1 Gigabit per to offer voice and broadband service in Marlene Dortch, second downstream and 500 Mbps upstream and offer at least 2 terabytes unserved high-cost areas. Secretary. DATES: The amendment to of monthly usage. § 54.309(a)(2)(iii) & (iv) of the Final Rules * * * * * Commission’s rules is effective June 20, For the reasons discussed in the [FR Doc. 2018–10765 Filed 5–18–18; 8:45 am] 2018. preamble, the Federal Communications BILLING CODE 6712–01–P

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Proposed Rules Federal Register Vol. 83, No. 98

Monday, May 21, 2018

This section of the FEDERAL REGISTER Group, Federal Aviation docket numbers and be submitted in contains notices to the public of the proposed Administration, 800 Independence triplicate to the address listed above. issuance of rules and regulations. The Avenue SW, Washington, DC 20591; Commenters wishing the FAA to purpose of these notices is to give interested telephone: (202) 267–8783. The Order is acknowledge receipt of their comments persons an opportunity to participate in the also available for inspection at the on this notice must submit with those rule making prior to the adoption of the final rules. National Archives and Records comments a self-addressed, stamped Administration (NARA). For postcard on which the following information on the availability of FAA statement is made: ‘‘Comments to DEPARTMENT OF TRANSPORTATION Order 7400.11B at NARA, call (202) Docket No. FAA–2018–0312; Airspace 741–6030, or go to https:// Docket No. 18–AGL–07.’’ The postcard Federal Aviation Administration www.archives.gov/federal-register/cfr/ will be date/time stamped and returned ibr-locations.html. to the commenter. 14 CFR Part 71 FAA Order 7400.11, Airspace All communications received before Designations and Reporting Points, is [Docket No. FAA–2018–0312; Airspace the specified closing date for comments Docket No. 18–AGL–07] published yearly and effective on will be considered before taking action September 15. on the proposed rule. The proposal RIN. 2120–AA66 FOR FURTHER INFORMATION CONTACT: contained in this notice may be changed in light of the comments received. A Proposed Establishment of Class E Rebecca Shelby, Federal Aviation report summarizing each substantive Airspace; Glen Ullin, ND Administration, Operations Support Group, Central Service Center, 10101 public contact with FAA personnel AGENCY: Federal Aviation Hillwood Parkway, Fort Worth, TX concerned with this rulemaking will be Administration (FAA), DOT. 76177; telephone (817) 222–5857. filed in the docket. ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: Availability of NPRMs (NPRM). Authority for This Rulemaking An electronic copy of this document SUMMARY: This action proposes to The FAA’s authority to issue rules may be downloaded through the establish Class E airspace extending regarding aviation safety is found in internet at http://www.regulations.gov. upward from 700 feet above the surface Title 49 of the United States Code. Recently published rulemaking at Glen Ullin Regional Airport, Glen Subtitle I, Section 106 describes the documents can also be accessed through Ullin, ND. Controlled airspace is authority of the FAA Administrator. the FAA’s web page at http:// necessary to accommodate new Subtitle VII, Aviation Programs, www.faa.gov/air-traffic/publications/ standard instrument approach describes in more detail the scope of the airspace-amendments/. procedures developed at Glen Ullin agency’s authority. This rulemaking is You may review the public docket Regional Airport, for the safety and promulgated under the authority containing the proposal, any comments management of instrument flight rules described in Subtitle VII, Part A, received, and any final disposition in (IFR) operations. Subpart I, Section 40103. Under that person in the Dockets Office (see the DATES: Comments must be received on section, the FAA is charged with ADDRESSES section for the address and or before July 5, 2018. prescribing regulations to assign the use phone number) between 9:00 a.m. and ADDRESSES: Send comments on this of airspace necessary to ensure the 5:00 p.m., Monday through Friday, proposal to the U.S. Department of safety of aircraft and the efficient use of except federal holidays. An informal Transportation, Docket Operations, airspace. This regulation is within the docket may also be examined during West Building Ground Floor, Room scope of that authority as it would normal business hours at the Federal W12–140, 1200 New Jersey Avenue SE, establish Class E airspace at Glen Ullin Aviation Administration, Air Traffic Washington, DC 20590, telephone (202) Regional Airport, in support of standard Organization, Central Service Center, 366–9826, or (800) 647–5527. You must instrument approach procedures for IFR Operations Support Group, 10101 identify FAA Docket No. FAA–2018– operations at the airport. Hillwood Parkway, Fort Worth, TX 0312; Airspace Docket No. 18–AGL–07, 76177. at the beginning of your comments. You Comments Invited Availability and Summary of may also submit comments through the Interested parties are invited to Documents for Incorporation by internet at http://www.regulations.gov. participate in this proposed rulemaking Reference You may review the public docket by submitting such written data, views, containing the proposal, any comments or arguments, as they may desire. This document proposes to amend received, and any final disposition in Comments that provide the factual basis FAA Order 7400.11B, Airspace person in the Dockets Office between supporting the views and suggestions Designations and Reporting Points, 9:00 a.m. and 5:00 p.m., Monday presented are particularly helpful in dated August 3, 2017, and effective through Friday, except federal holidays. developing reasoned regulatory September 15, 2017. FAA Order FAA Order 7400.11B, Airspace decisions on the proposal. Comments 7400.11B is publicly available as listed Designations and Reporting Points, and are specifically invited on the overall in the ADDRESSES section of this subsequent amendments can be viewed regulatory, aeronautical, economic, document. FAA Order 7400.11B lists online at http://www.faa.gov/air_traffic/ environmental, and energy-related Class A, B, C, D, and E airspace areas, publications/. For further information, aspects of the proposal. air traffic service routes, and reporting you can contact the Airspace Policy Communications should identify both points.

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The Proposal PART 71—DESIGNATION OF CLASS A, petitioned uses of PHOs, elsewhere in B, C, D, AND E AIRSPACE AREAS; AIR this issue of the Federal Register we The FAA is proposing an amendment TRAFFIC SERVICE ROUTES; AND have extended the compliance date for to Title 14, Code of Federal Regulations REPORTING POINTS certain uses of PHOs, including the (14 CFR) part 71 by establishing Class E conditions of use covered by the FAP. ■ airspace extending upward from 700 1. The authority citation for 14 CFR DATES: This document is applicable May feet above the surface within a 6.4-mile part 71 continues to read as follows: 21, 2018. Submit either electronic or radius of Glen Ullin Regional Airport, Authority: 49 U.S.C. 106(f), 106(g); 40103, written objections and requests for a Glen Ullin, ND, to accommodate new 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, hearing on the document by June 20, standard instrument approach 1959–1963 Comp., p. 389. 2018. Late, untimely objections will not procedures developed for the airport. § 71.1 [Amended] be considered. See section VIII for This action would enhance safety and further information on the filing of ■ the management of IFR operations at the 2. The incorporation by reference in objections. airport. 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting ADDRESSES: You may submit objections Class E airspace designations are Points, dated August 3, 2017, and and requests for a hearing as follows. published in paragraph 6005 of FAA effective September 15, 2017, is Electronic Submissions Order 7400.11B, dated August 3, 2017, amended as follows: and effective September 15, 2017, which Submit electronic objections in the is incorporated by reference in 14 CFR Paragraph 6005 Class E Airspace Areas following way: • 71.1. The Class E airspace designation Extending Upward From 700 Feet or More Federal eRulemaking Portal: Above the Surface of the Earth. listed in this document will be https://www.regulations.gov. Follow the published subsequently in the Order. * * * * * instructions for submitting comments. AGL WI E5 Glen Ullin, ND [New] Objections submitted electronically, Regulatory Notices and Analyses including attachments, to https:// Glen Ullin Regional Airport, ND www.regulations.gov will be posted to (Lat. 46°48′52″ N, long. 101°51′55″ W) The FAA has determined that this the docket unchanged. Because your proposed regulation only involves an That airspace extending upward from 700 objection will be made public, you are established body of technical feet above the surface within a 6.4-mile radius of Glen Ullin Regional Airport. solely responsible for ensuring that your regulations for which frequent and objection does not include any routine amendments are necessary to Issued in Fort Worth, Texas, on May 9, confidential information that you or a keep them operationally current, is non- 2018. third party may not wish to be posted, controversial and unlikely to result in Walter Tweedy, such as medical information, your or adverse or negative comments. It, Acting Manager, Operations Support Group, anyone else’s Social Security number, or therefore: (1) Is not a ‘‘significant ATO Central Service Center. confidential business information, such regulatory action’’ under Executive [FR Doc. 2018–10654 Filed 5–18–18; 8:45 am] as a manufacturing process. Please note Order 12866; (2) is not a ‘‘significant BILLING CODE 4910–13–P that if you include your name, contact rule’’ under DOT Regulatory Policies information, or other information that and Procedures (44 FR 11034; February identifies you in the body of your 26, 1979); and (3) does not warrant DEPARTMENT OF HEALTH AND objection, that information will be preparation of a regulatory evaluation as HUMAN SERVICES posted on https://www.regulations.gov. • the anticipated impact is so minimal. If you want to submit an objection Since this is a routine matter that will Food and Drug Administration with confidential information that you only affect air traffic procedures and air do not wish to be made available to the navigation, it is certified that this 21 CFR Part 172 public, submit the objection as a proposed rule, when promulgated, [Docket No. FDA–2015–F–3663] written/paper submission and in the would not have a significant economic manner detailed (see ‘‘Written/Paper impact on a substantial number of small Grocery Manufacturers Association; Submissions’’ and ‘‘Instructions’’). • The https://www.regulations.gov entities under the criteria of the Denial of Food Additive Petition electronic filing system will accept Regulatory Flexibility Act. AGENCY: Food and Drug Administration, objections until midnight Eastern Time Environmental Review HHS. at the end of June 20, 2018. ACTION: Notification; denial of petition. This proposal will be subject to an Written/Paper Submissions environmental analysis in accordance SUMMARY: The Food and Drug Submit written/paper submissions as with FAA Order 1050.1F, Administration (FDA or we) is denying follows: ‘‘Environmental Impacts: Policies and a food additive petition (FAP 5A4811), • Mail/Hand delivery/Courier (for Procedures’’ prior to any FAA final submitted by the Grocery Manufacturers written/paper submissions): Dockets regulatory action. Association (GMA), requesting that the Management Staff (HFA–305), Food and food additive regulations be amended to Drug Administration, 5630 Fishers List of Subjects in 14 CFR Part 71 provide for the safe use of partially Lane, Rm. 1061, Rockville, MD 20852. hydrogenated vegetable oils (PHOs) in • For written/paper objections Airspace, Incorporation by reference, certain food applications. We are submitted to the Dockets Management Navigation (air). denying the petition because we have Staff, FDA will post your objection, as The Proposed Amendment determined that the petitioner did not well as any attachments, except for provide sufficient information for us to information submitted, marked and Accordingly, pursuant to the conclude that the requested uses of identified, as confidential, if submitted authority delegated to me, the Federal PHOs are safe. To allow the food as detailed in ‘‘Instructions.’’ Aviation Administration proposes to industry sufficient time to identify • Objections received by mail/hand amend 14 CFR part 71 as follows: suitable replacement substances for the delivery/courier (for written/paper

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submissions) will be considered timely and Drug Administration, 5001 Campus and FDA met several times in the if they are postmarked or the delivery Dr., College Park, MD 20740–3835, 240– months following to discuss the service acceptance receipt is on or 402–1309. deficiencies. before June 20, 2018. SUPPLEMENTARY INFORMATION: On March 7, 2017, the petitioner Instructions: All submissions received submitted a substantive amendment to must include the Docket No. FDA– I. Introduction FAP 5A4811 that addressed the 2015–F–3663 for ‘‘Grocery In a document published in the deficiencies identified by FDA. In Manufacturers Association; Denial of Federal Register on October 28, 2015 accordance with 21 CFR 171.6, the Food Additive Petition.’’ Received (80 FR 65978), we announced that we petition was assigned a new filing date objections, those filed in a timely filed FAP 5A4811 (‘‘petition’’) of March 7, 2017. The amended petition manner (see ADDRESSES), will be placed submitted by the Grocery Manufacturers contained significant revisions to the in the docket and, except for those Association, 1350 I St. NW, Suite 300, proposed uses, exposure estimate, and submitted as ‘‘Confidential Washington, DC 20005 (‘‘petitioner’’). safety assessment of PHOs. The revised Submissions,’’ publicly viewable at The petitioner requested that we amend petitioned uses of PHOs were limited to https://www.regulations.gov or at the the food additive regulations in 21 CFR the following: (1) As a solvent or carrier Dockets Management Staff between 9 part 172 Food Additives Permitted for for flavoring agents, flavor enhancers, a.m. and 4 p.m., Monday through Direct Addition to Food for Human and coloring agents; (2) as a processing Friday. Consumption to provide for the safe use aid, and (3) as a pan release agent for • Confidential Submissions—To of partially hydrogenated vegetable oils baked goods. Based on the revisions, the submit an objection with confidential (PHOs) in the following food petitioner asserted that the amended information that you do not wish to be applications at specified maximum use uses of PHOs would present a de made publicly available, submit your levels: as a carrier or component thereof minimis increase in risk (in other objections only as a written/paper for flavors or flavorings, as a diluent or words, a negligible increase in risk) and, submission. You should submit two component thereof for color additives, therefore, are safe under the conditions copies total. One copy will include the as an incidental additive or processing of intended use. References to the information you claim to be confidential aid, and as a direct additive in ‘‘petition’’ henceforth in this document with a heading or cover note that states approximately 60 food categories. The will denote the amended petition ‘‘THIS DOCUMENT CONTAINS petition was submitted in response to received on March 7, 2017. FDA’s declaratory order issued on June CONFIDENTIAL INFORMATION.’’ The II. Background Agency will review this copy, including 17, 2015 (80 FR 34650), announcing our the claimed confidential information, in final determination that there is no A. Statutory and Regulatory its consideration of comments. The longer a consensus among qualified Requirements Regarding Food Additives second copy, which will have the experts that PHOs are generally The Federal Food, Drug, and Cosmetic claimed confidential information recognized as safe for any use in human Act (FD&C Act) defines ‘‘food additive,’’ redacted/blacked out, will be available food. In the declaratory order, we in relevant part, as any substance, the for public viewing and posted on invited submission of food additive intended use of which results or may https://www.regulations.gov. Submit petitions with scientific evidence for reasonably be expected to result, both copies to the Dockets Management one or more specific uses of PHOs for directly or indirectly, in its becoming a Staff. If you do not wish your name and which the petitioner believes that safe component of food, if such substance is contact information to be made publicly conditions of use may be prescribed (as not generally recognized by experts as available, you can provide this further discussed in section II). safe under the conditions of its intended FAP 5A4811 was submitted by GMA information on the cover sheet and not use (section 201(s) of the FD&C Act (21 to FDA on June 11, 2015. During our in the body of your comments and you U.S.C. 321(s))). Food additives are initial review, we determined that the must identify this information as deemed unsafe and prohibited except to petition did not contain an ‘‘confidential.’’ Any information marked the extent that FDA approves their use environmental assessment as required as ‘‘confidential’’ will not be disclosed (sections 301(a) and (k) (21 U.S.C. 331(a) under 21 CFR 25.15(a); therefore, we except in accordance with 21 CFR 10.20 and (k)) and 409(a) (21 U.S.C. 348(a)) of informed GMA that their petition did and other applicable disclosure law. For the FD&C Act.) not meet the minimum requirements for more information about FDA’s posting The FD&C Act provides a process filing in accordance with 21 CFR of comments to public dockets, see 80 through which persons who wish to use 171.1(c). On September 18, 2015, GMA FR 56469, September 18, 2015, or access a food additive may submit a petition resubmitted a complete FAP 5A4811, the information at: https://www.gpo.gov/ proposing the issuance of a regulation which we subsequently filed on October fdsys/pkg/FR-2015-09-18/pdf/2015- prescribing the conditions under which 1, 2015. During our initial review of 23389.pdf. the additive may be safely used (section FAP 5A4811, we identified several Docket: For access to the docket to 409(b)(1) of the FD&C Act). When FDA deficiencies that required resolution by read background documents or the concludes that a proposed use of a food GMA for us to continue with our electronic and written/paper comments additive is safe, we issue a regulation review. We issued a letter to GMA on received, go to https:// authorizing a specific use of the March 21, 2016, explaining the www.regulations.gov and insert the substance. additional information required to docket number, found in brackets in the resolve the petition’s deficiencies. On B. Relevant Regulatory History of PHOs heading of this document, into the May 5, 2016, GMA submitted a partial On November 8, 2013, FDA issued a ‘‘Search’’ box and follow the prompts response to the deficiencies. The document (the tentative determination, and/or go to the Dockets Management petition was then placed in abeyance by Staff, 5630 Fishers Lane, Rm. 1061, FDA, consistent with our procedures for deficiencies that were identified during FDA’s Rockville, MD 20852. food additive petitions.1 The petitioner review. A petition remains in abeyance until either FOR FURTHER INFORMATION CONTACT: the petitioner provides FDA with the required information, requests a final decision based on the Ellen Anderson, Center for Food Safety 1 Abeyance is an administrative category of data currently in the petition, or requests and Applied Nutrition (HFS–265), Food petitions that are filed but non-active because of withdrawal of the petition.

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78 FR 67169), announcing our tentative Act for one or more specific uses of To establish with reasonable certainty determination that PHOs are no longer PHOs for which industry or other that a food additive is not harmful generally recognized as safe (GRAS) interested individuals believe that safe under its intended conditions of use, we under any condition of use in food and conditions of use may be prescribed. We typically consider the projected human therefore are food additives subject to also established a three-year delayed dietary exposure to the additive, the section 409 of the FD&C Act. Because compliance date (compliance required additive’s toxicological data provided PHOs are the primary dietary source of no later than June 18, 2018) to provide by the petitioner, and other relevant industrially-produced trans fatty acids time for submission and review and, if information (such as published (IP–TFA), FDA’s evaluation of the GRAS applicable requirements are met, literature) available to us. FDA scientists status of PHOs centered on the trans approval of food additive petitions for use these toxicological data (usually fatty acid (TFA, also referred to as uses of PHOs (80 FR 34650 at 34668). derived from animal and in vitro ‘‘trans fat’’) component of these fats and studies) to determine a no-observed III. Evaluation of Safety oils. The tentative determination cited effect level or a no-observed-adverse- current scientific evidence of significant A food additive cannot be approved effect-level, apply an appropriate safety human health risks, namely an for use unless the data presented to us factor to account for differences between increased risk in coronary heart disease establish that the food additive is safe animals and humans and differences in (CHD), associated with the consumption for that use (section 409(c)(3)(A) of the sensitivity among humans, and of IP–TFA (78 FR 67169 at 67172). The FD&C Act). To determine whether a calculate the acceptable daily intake scientific evidence included results food additive is safe, the FD&C Act (ADI) for the food additive. The ADI is from controlled feeding studies on trans requires us to consider among other usually expressed in milligrams of food fatty acid consumption in humans, relevant factors: (1) Probable additive per kilogram body weight of findings from long-term prospective consumption of the additive; (2) humans. We compare an individual’s epidemiological studies, and the cumulative effect of such additive in the estimated daily intake (EDI) of the opinions of expert panels that there is diet of man or animals, taking into additive from all food sources to the no threshold intake level for IP–TFA account any chemically or ADI established by toxicological data. that would not increase an individual’s pharmacologically related substances in The EDI is determined based on the risk of CHD (78 FR 67169 at 67172). the diet; and (3) safety factors generally amount of the additive proposed for use Based on the evidence outlined in the recognized by experts as appropriate for in particular foods and the amount of tentative determination, we determined the use of animal experimentation data those foods consumed containing the that there is no longer a consensus (section 409(c)(5) of the FD&C Act). Our additive, and on the amount of the among qualified experts that PHOs are determination that a food additive use is additive from all other dietary sources. safe for human consumption (i.e., PHOs safe means that there is a ‘‘reasonable We typically use the EDI for the 90th do not meet the GRAS criteria.) The certainty in the minds of competent percentile consumer of a food additive tentative determination also requested scientists that the substance is not as a measure of high chronic dietary interested parties to submit comments harmful under the intended conditions exposure. A food additive is generally and additional scientific data related to of use’’ (§ 170.3(i) (21 CFR 170.3(i))). considered safe for its intended uses if our tentative determination that PHOs the EDI of the additive is less than the FAP 5A4811 is not a typical food are no longer GRAS (78 FR 67169 at ADI. This approach assumes that a additive petition in that it is requesting 67174). physiological threshold may exist below We received over 6000 comments in food additive approval for existing uses which exposure to an additive will not response to the tentative determination. of PHOs that industry, independent of cause harm. In the case of PHOs, which We reviewed the comments before FDA, had concluded were GRAS, but contribute IP–TFA to the diet, the main issuing our final determination as a FDA subsequently determined such toxicological data available to assess declaratory order published on June 17, uses are not GRAS. Most food additive safety consists of controlled feeding 2015 (the declaratory order, 80 FR petitions seek premarket approval for trials and prospective observational 34650). The declaratory order included new uses of food additives. studies in humans where the adverse four major provisions: (1) PHOs are not Additionally, the approach that we health outcomes associated with the GRAS for any use in human food; (2) for normally use to evaluate safety of a additive are increased CHD risk and the purposes of the declaratory order, direct food additive is not applicable for other non-cancer risks (e.g., stroke). To FDA defined PHOs as those fats and oils assessing the safety of IP–TFA in PHOs. receive approval for the petitioned uses that have been hydrogenated, but not to Food additives are typically evaluated of PHOs, the petitioner has the complete or near complete saturation, based on toxicological studies in responsibility to provide scientific and with an iodine value greater than 4 animals, as described in our guidance, evidence that establishes that the as determined by an appropriate Toxicological Principles for the Safety of intended uses of PHOs are safe, method; (3) any interested party may Assessment of Food Ingredients (also including the expected dietary exposure seek food additive approval for one or known as Redbook 2000).2 However, to trans fat resulting from the intended more specific uses of PHOs with data key scientific evidence for the uses of PHOs. demonstrating a reasonable certainty of association of trans fat and CHD is no harm of the proposed use(s); and (4) based on human studies, including Our declaratory order references three FDA established a compliance date of controlled feeding trials of trans fat safety memoranda prepared by FDA that June 18, 2018 (80 FR 34650 at 34651). intake and blood cholesterol levels in document our review of the available In our declaratory order finding that humans and long-term, prospective scientific evidence regarding human PHOs are no longer GRAS for any use observational studies of trans fat intake health effects of trans fat, focusing on in human food, we acknowledged that and CHD risk in human populations the adverse effects of trans fat on risk of scientific knowledge advances and (Ref. 1). CHD (Refs. 2–4). In addition, we evolves over time. The declaratory order previously reviewed the health effects of invited submission of scientific 2 Redbook 2000 is available at https:// IP–TFA and PHOs in support of our evidence as part of food additive www.fda.gov/downloads/Food/Guidance tentative determination that PHOs are petitions under section 409 of the FD&C Regulation/UCM222779.pdf. not GRAS in food (78 FR 67169) and in

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1999 and 2003 in support of our IV. FDA’s Review of FAP 5A4811 to resolve this issue regarding proposed and final rules requiring characterization of the technical or A. Chemical Identity, Intended functional effect of these additives. declaration of trans fat in nutrition Technical Effects, and Petitioned Uses labeling of food (64 FR 62746 and 68 FR of PHOs B. Estimated Exposure to Trans Fat 41434). The safety reviews for the declaratory order, together with the The PHOs that are the subject of FAP The petitioner provided exposure 5A4811 are made from the following estimates for TFA from the petitioned previous safety reviews of IP–TFA and vegetable oils: Soy, cottonseed, coconut, uses of PHOs and from intrinsic (i.e., PHOs, provide important background canola, palm, palm kernel, and naturally-occurring) sources such as scientific information for our review of sunflower oils, or blends of these oils, dairy and meat from ruminant animals. FAP 5A4811. and consist of up to 60 percent trans To estimate exposure, the petitioner The petition contains a review of fatty acids. As discussed in section I, used food disappearance data from 2014 recent scientific literature and expert GMA requested approval of three uses compiled by the U.S. Department of opinions on trans fat consumption. of PHOs, which are as follows: Agriculture (USDA) Economic Research GMA asserted that this information • PHO, or a blend of PHOs, used as Service, food consumption data from supports the following three a solvent or carrier, or a component either the 2007–2010 or 2009–2012 conclusions, which are their reasons thereof, for flavoring agents, flavor National Health and Nutrition why they believe the petitioned uses of enhancers, and coloring agents intended Examination Surveys (NHANES), and PHOs are safe: for food use, provided the PHOs in the the intrinsic concentrations of TFA in solvent or carrier contribute no more the USDA National Nutrient Database 1. ‘‘The conservatively estimated than 150 parts per million (ppm) (150 for Standard Reference Release 27. The probability of coronary heart disease milligrams per kilogram (mg/kg)) IP– petitioner estimated the exposure to risk falls below the probable de minimis TFA to the finished food as consumed; naturally-occurring TFA from intrinsic non-cancer risk range.’’ 3 • PHO, or a blend of PHOs, used as sources for the U.S. population (aged 2 2. ‘‘iTFA 4 exposure from the a processing aid, or a component years or more) to be 1.04 grams/person/ petitioned uses of PHOs (i.e., 0.05%en thereof, provided the PHOs in the day (g/p/d) at the mean and 1.91 g/p/d [total energy intake per day]) is well processing aid contribute no more than at the 90th percentile. If expressed as a below exposure levels in controlled 50 ppm (50 mg/kg) IP–TFA to the percentage of total energy intake per day finished food as consumed; (%en), based on a 2000 calorie daily feeding trials, and effects at these low • iTFA exposures levels cannot be PHO, or a blend of PHOs, used as diet, the exposure to TFA from intrinsic a pan release agent for baked goods at empirically established based on the sources would be 0.46%en at the mean levels up to 0.2 grams/100 grams (0.2 currently available evidence.’’ and 0.75%en at the 90th percentile for g/100 g) in pan release spray oils, the U.S population. The petitioner 3. ‘‘The incremental increase in iTFA provided the PHO contributes no more estimated the cumulative exposure to intake of 0.05%en from the petitioned than 0.14 g IP–TFA/100 g spray oil. IP–TFA from all petitioned uses of uses of PHOs is infinitesimally small These proposed uses excluded dietary PHOs in foods for the U.S. population and negligible in comparison to existing supplements. The physical and aged 2 years or more to be 0.121 g/p/d background dietary TFA exposure from technical effects of the petitioned uses (0.05%en) at the mean and 0.122 g/p/d intrinsic sources.’’ of PHOs were specified as: Release (0.05%en) at the 90th percentile. agents, either alone or in combination (Petition, pp. 116–119) with other components (§ 170.3(o)(18)); FDA Assessment In this petition denial, we discuss our processing aids or components thereof FDA agrees with the petitioner’s evaluation of the petitioner’s request (§ 170.3(o)(24)); and as solvents, carriers estimated exposure to TFA from and supporting information in section and vehicles for fat soluble coloring intrinsic sources, and we have no IV organized according to the following agents, flavoring agents, and flavor concerns regarding the general headings: A. Chemical Identity, enhancers (§ 170.3(o)(27)). methodology used by the petitioner to estimate exposure to IP–TFA from the Intended Technical Effects, and FDA Assessment Petitioned Uses of PHOs; B. Estimated petitioned uses of PHOs. However, we Exposure to Trans Fat; C. Recent To better understand how PHOs believe the petitioner likely would be used as processing aids, we Scientific Literature and Expert underestimated exposure to IP–TFA requested that the petitioner provide Opinions on Trans Fat Consumption; D. from the petitioned uses of PHOs for specific examples. In an email dated Recent Threshold Dose-Response various reasons, such as their May 15, 2017, the petitioner provided determination that 43 percent of the Research; and E. Risk Estimates and several examples of how PHOs may be Safety Arguments. Each of these U.S. diet consists of processed foods, used as processing aids. Many of the which we believe is too low, and not sections provides a summary of the petitioner’s examples involved the use including all relevant NHANES food information provided by the petitioner of PHOs as a topical coating to prevent codes in their exposure estimate (Ref. 5). followed by our evaluation of that rancidity (e.g., PHO-coated almond Although the petitioner’s exposure information, prefaced with ‘‘FDA slices or candy pieces used as estimate could be refined, we consider Assessment.’’ Additional information ingredients in cookies). We view this it sufficient for approximating exposure regarding our evaluation of the petition use of PHOs as having an ongoing from the petitioned uses of PHOs. can be found in our three review technical effect in food (e.g., to prevent memoranda (Refs. 5–7). rancidity and oxidation) and, therefore, C. Recent Scientific Literature and we do not agree that this use would be Expert Opinions on Trans Fat Consumption 3 As discussed in section E, the petitioner considered a processing aid in calculates what it considers to be de minimis risks accordance with §§ 170.3(o)(24) and FAP 5A4811 included sections on for non-cancer health outcomes. 101.100(a)(3)(ii) (21 CFR dietary guidelines and expert panel 4 The petitioner uses the abbreviation iTFA to 101.100(a)(3)(ii)). Because we are opinions pertaining to trans fat refer to industrially-produced TFA in the petition. denying this petition, we did not need consumption. In addition, the petition

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presented a summary of studies WHO Nutrition Guidance Expert petition stated that the results of a assessing the effects of dietary TFA on Advisory Group (NUGAG) Subgroup on recent meta-analysis by de Souza et al. intermediate biomarkers such as low- Diet and Health, that affirmed the linear, in 2015 (Ref. 14) were consistent with density lipoprotein cholesterol (LDL–C), progressive effect of trans fat intake on previous meta-analyses in finding a high-density lipoprotein cholesterol blood cholesterol levels (Ref. 12). statistically significant increased risk of (HDL–C), and other emerging The petition mentioned another meta- CHD when comparing high to low TFA biomarkers of CHD risk, and the analysis of newer studies conducted by intake. Regarding individual association of dietary TFA intake with Hafekost et al. (2015) which reported no prospective observational studies, the risk of CHD and risk of adverse health significant effect on LDL–C from a 1%en petition stated that, ‘‘The results from outcomes other than CHD (e.g., stroke, TFA intake (including both naturally- these studies, while not able to metabolic syndrome). Controlled occurring TFA and IP–TFA) in exchange demonstrate causality, provide feeding trials, prospective observational for cis-monounsaturated fatty acids (cis- supporting evidence that, although a studies, and meta-analyses of these MUFA) (Ref. 13). The petition claimed relationship between increased CHD studies were included in the petitioner’s that these results support the potential risk and high levels of TFA intake scientific literature review. for a threshold trans fat intake below exists, this observed relationship is which no significant effect on blood largely based on comparisons of FDA Assessment lipids is observed. However, we differences in TFA intake above 1%en As discussed in our review disagree with the petitioner’s and has not been established at lower memorandum (Ref. 7), we found that the interpretation of this study’s levels of intake.’’ petitioner provided incomplete conclusions (Ref. 7). We note that the We note that the overall results of the information on certain topics or criteria for inclusion of feeding trials in meta-analyses and recently published misinterpreted some scientific this meta-analysis were not rigorous. In prospective observational studies were conclusions. several of the included studies, the diets generally summarized accurately in the 1. Dietary Guidelines and Expert Panel were not fully controlled. We also note petition. However, the petition tended Reviews that Hafekost et al. did not conclude to understate the strength of the that their results supported the potential evidence from the observational studies The petition discussed the major for a safe threshold intake level of TFA. reviewed. In particular, the meta- expert panel reports on the health Rather, the authors stated, ‘‘An increase analysis by de Souza et al., a rigorously effects of trans fat consumption from the in LDL was consistent with the results conducted study commissioned by U.S., Australia, Canada, the United of Brouwer et al., who identified a WHO NUGAG, stated that the ‘‘positive Kingdom, the World Health significant increase in LDL cholesterol associations between trans fat intake Organization (WHO), the Food and with a percent increase in the intake of and CHD and CHD mortality’’ were Agriculture Organization, and the industrial TFA.’’ Furthermore, Hafekost ‘‘reliable and strong’’ and provided European Food Safety Authority. We et al. conducted an additional analysis, supplementary analyses supporting a note that while the petition provided a including the earlier Brouwer et al. progressive and linear association of generally accurate summary of these meta-analysis results together with their TFA intake and CHD risk (Ref. 14). expert reports, some important analysis of newer studies alone. The Additionally, recently published studies information was missing or understated. petition did not discuss these additional by Li et al. in 2015 (Ref. 15) and Wang For example, the petition omits the analyses. The combined results for the et al. in 2016 (Ref. 16), with long-term expert opinions on the role of HDL–C as newer studies alone, together with the followup and increased statistical a biomarker for CHD. The petition also earlier meta-analysis, showed a power, show significant increases in omits that, in addition to the Institute of statistically significant increase in CHD or cardiovascular disease (CVD) Medicine’s 2005 report (Ref. 8), many LDL–C due to an increase of 1%en risk at lower increments of TFA intake other expert panels have concluded that intake from TFA. In their overall than the 1%en stated by the petitioner. TFA has a progressive and linear summary, Hafekost et al. stated, ‘‘The 4. Other Health Outcomes adverse effect on blood lipids and results of the current review are associated CHD risk. Furthermore, the consistent with previous evidence The petitioner concluded, after petition understated the which indicates a detrimental effect of reviewing recent scientific literature, recommendation from several expert consumption of TFA on changes in LDL that there is limited, inconsistent, and/ panels that trans fat intake should be and HDL blood cholesterol’’ (Ref. 13). or weak evidence for any effects of trans kept as low as possible by specifically Regarding HDL–C and CHD risk, the fat intake on other health outcomes limiting intake of IP–TFA from PHOs. petition underemphasized the impact of including stroke, all-cause mortality, trans fat intake on HDL–C. We note that cancer, and metabolic syndrome. We do 2. Effect of Changes In Trans Fat Intake the observed decrease in HDL–C due to not agree with the petitioner’s on LDL–C and HDL–C TFA intake is consistently reported conclusion, in particular regarding The petition identified five meta- across the existing body of TFA research stroke. In support of the declaratory analysis studies (which are combined and that HDL–C has been recognized as order, we reviewed several well- analyses of multiple feeding trials) that a major risk factor for CHD (Ref. 7). conducted studies that provided a quantified the effect of changes in trans reasonable basis to conclude that TFA fat intake on LDL–C and HDL–C in the 3. Prospective Observational Studies intake is associated with an increased blood of human test subjects. The The petition reviewed the results of risk of ischemic stroke (a blockage of petition’s summary of these studies was prospective observational studies that blood flow to the brain) (Ref. 2). appropriate; however, we note that two estimate the association of long-term, Furthermore, in our review available meta-analyses studies were not habitual TFA intake with CHD risk in memorandum for this petition, we included in the petition’s discussion: large, free-living populations. The described more recent studies that Zock and co-workers (Refs. 9–11) and petition reviewed five meta-analysis provide additional evidence supporting Brouwer (Ref. 12). In particular, the studies (that provided combined the association of TFA with stroke, as 2016 meta-analysis by Brouwer was an analyses of several individual well as total mortality and elements of important study, commissioned by the prospective observational studies). The metabolic syndrome (Ref. 7).

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D. Recent Threshold Dose-Response LDL–C associated with a change in IP– or CHD risk with higher intakes of trans Research TFA intake of 2.2%en represented a fat (Ref. 7). biologically meaningless change (Ref. The petition acknowledged that all E. Risk Estimates and Safety Arguments five of the aforementioned meta- 18). The petition stated that this analyses (see section C) relied on a analysis supports the existence of a The petition contained an estimate of linear, no-threshold dose-response threshold level of IP–TFA intake, below ‘‘hypothetical change’’ in CHD risk relationship between TFA intake and which negligible changes in LDL–C associated with 0.05%en IP–TFA intake blood levels of LDL–C and HDL–C, would occur. (the daily amount of energy from IP– which assumes any amount of TFA FDA Assessment TFA contributed by the petitioned uses greater than 0%en causes adverse effects of PHOs) that was based on FDA’s four We do not agree that these two studies on blood cholesterol levels. The petition deterministic quantitative risk cited by the petitioner provide stated, ‘‘Recent research suggests that a assessment methods referenced in the non-threshold linear dose-response convincing evidence to refute a linear dose-response or provide convincing declaratory order (Ref. 4). The petitioner model overlooks the complexities of the stated that they included this analytical physiological effects of macronutrients evidence of a threshold in the effect of IP–TFA on LDL–C. In our review, we approach in the petition ‘‘for and other contributing factors to expediency and at the request of FDA’’, LDL–C levels besides TFAs.’’ In identified several design flaws and questionable data interpretations although the petition questioned the particular, the petition cited two recent validity of a linear-no threshold dose- articles to support the claims that a associated with these two studies (Ref. response model for IP–TFA intake and linear dose-response model is 7). One major concern about the MOA LDL–C and HDL–C on which the FDA inappropriate for assessing the effects of paper (Ref. 17) is that the authors relied method is based. The deterministic TFA consumption on blood lipids, and largely on data from laboratory animal that a threshold level of trans fat intake models to hypothesize an MOA that quantitative risk assessment approach exists (Refs. 17 and 18). In the first suggests the existence of a threshold used by the petitioner estimated the publication, Reichard and Haber (Ref. effect of TFA on LDL–C in humans, change in CHD risk due to effects on 17) presented and evaluated a despite the differences in biological blood lipoproteins from controlled hypothesis for the biological mode of response to dietary fats and fatty acid feeding trials, and also estimated the action (MOA) for the effect of TFA on metabolism between humans and the change in CHD risk using direct LDL–C based on animal studies. animal species used in the study (e.g., observations of CHD from prospective According to the petition, ‘‘. . . the rodents). The authors acknowledged studies when there is an isocaloric authors concluded the key events in the that trans fatty acids such as elaidic acid replacement of cis-MUFA with IP–TFA MOA are the increased production of do not increase serum LDL–C in in the diet. The petitioner estimated that very low density-lipoprotein (VLDL) hamsters, and suggest that animal the change in CHD risk associated with and decreased LDL-clearance due to a models may underestimate the effect of a 0.05%en added IP–TFA intake from reduction in the LDL–C mediated TFA in humans (Ref. 17).5 petitioned uses ranged from 0.062 receptor activity.’’ The authors further Regarding the meta-regression paper percent to 0.665 percent depending on concluded the effect of TFA on LDL–C (Ref. 18), we found that duplicate data the risk method used. When expressed is non-linear and there is evidence that points were erroneously used in the as a population-based risk estimate, the either a threshold exists or the dose- analysis; the validity of data points for annual probability of CHD cases per response slope is very shallow at low low TFA levels below 3%en was 100,000 U.S. adults aged 35 and older dose levels (Ref. 17). questionable, and the low TFA data did ranged from 0.42 to 4.54. In other In the second article, Allen et al. (Ref. not come from PHO test diets; and words, for every 100,000 U.S. adults, 18) conducted a meta-regression study incorrect variances were applied in the there could be up to 4.54 additional of human controlled feeding trials, that weighting of the data based on the study cases (fatal and non-fatal) of CHD considered both linear and nonlinear designs (Ref. 7). We also question the attributed to an intake of 0.05%en IP– dose-response models to assess the authors’ suggestion that the within TFA from the petitioned uses of PHOs. effect of IP–TFA intake on LDL–C and person, day-to-day variability of blood determine which shape fit best with the LDL–C levels can be used to represent The petition asserts a standard of ‘‘de MOA proposed by Reichard and Haber the minimum increment in LDL–C that minimis risk.’’ According to the based on animal studies. (In this case, is adverse (Ref. 7). Additionally, we petitioner, a de minimis risk implies the meta-regression is a meta-analysis note that the authors’ proposed that a risk is so small that it should be that focuses on dose-response S-shaped dose-response model that ignored, and the petitioned use should relationships.) The Allen et al. meta- levels off at high trans fat doses (above be considered safe. The petitioner regression used an evidence map to 3%en) is not consistent with the results referenced three arguments to explain identify additional experimental data of numerous controlled feeding trials of its de minimis risk principle: (1) The for the effect of IP–TFA intake on LDL– IP–TFA at higher doses or with probability of a risk is below an C, particularly in the low dose region of prospective observational studies which acceptable cutoff (i.e., ‘‘bright line’’ or the response curve where IP–TFA intake show increases in serum LDL–C levels threshold); (2) there is a lack of is between zero and 3%en (Ref. 19). scientific data to establish that the risk According to Allen et al., an S-shaped 5 The scientific evidence that PHOs are no longer exists (i.e., the risk is non-detectable); or model with an assumed threshold at GRAS for use in food was not based on animal (3) the probability of the risk is less than studies, such as those used in the Reichard and the natural occurrence of the risk (Ref. low IP–TFA doses explained more of Haber MOA, but rather included results from the study-to-study variability compared controlled feeding studies on trans fatty acid 20). While neither the FD&C Act nor to the linear dose-response model (Ref. consumption in humans, findings from long-term FDA’s regulations regarding the 18). Using assumptions about intra- prospective epidemiological studies in human evaluation of the safety of food additives populations, and the opinions of expert panels that in response to a food additive petition individual measurement variation for there is no threshold intake level for IP–TFA that LDL–C and the S-shaped model, the would not increase an individual’s risk of CHD (78 refer to de minimis risk, we review each authors concluded that the change in FR 67169 at 67172). of these arguments in turn.

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1. De minimis ‘‘Bright Line’’ or the study authors themselves question assessment to further bolster our Threshold Argument whether the non-cancer risks associated decision that the estimated risks The petition referenced an article by with the EPA’s reference values associated with the petitioned uses of Castorina and Woodruff (Ref. 21) in represent ‘‘acceptable levels’’ of PHOs cause them to be unsafe food which the authors estimated risks for exposure from a public health additives (Ref. 6). perspective (Ref. 21). Furthermore, we non-cancer health outcomes from c. FDA’s Quantitative Probabilistic Risk note that in the Castorina and Woodruff hypothetical lifetime ingestion or Assessment paper, the estimated risks were based on inhalation exposures to select biochemical and physiological changes The deterministic risk assessment environmental chemicals at the U.S. associated with several non-cancer approach that was used by both the FDA Environmental Protection Agency’s health outcomes that are much less in our declaratory order and by the (EPA) established reference doses (RfDs) serious than CHD cases or CHD deaths. petitioner in FAP 5A4811 to assess CHD or reference concentrations. The authors For example, some of the biochemical risk associated with IP–TFA exposure is concluded that the non-cancer risk and physiological changes the authors a risk assessment approach using associated with RfDs ranged from 1 in assigned values for discrete scenarios × ¥4 × considered included small intestinal 10,000 (1 10 ) to 5 in 1,000 (5 (e.g., using most likely scenarios or ¥3 lesions, fatty cyst formation in the liver, 10 ) using a linear dose-response elevated serum glutamate-pyruvate mean values) (Ref. 6). The deterministic relationship for the environmental transaminases, chronic irritation of approach determines the robustness of chemicals the authors selected. The stomach, decreased lymphocyte count, the risk of CHD. However, it has petitioner applied a safety factor to the changes in red blood cell volumes, limitations in that it is inadequate in authors’ risk estimates associated with decreased mean terminal body weights, applying population or other parameter RfDs to arrive at a proposed probability and decreased maternal body weight variability information and it takes into of risk, ranging from 2 in 100,000 gain. Therefore, we conclude that the consideration only a few discrete results × ¥5 × ¥3 (2 10 ) to 1 in 1,000 (1 10 ), petitioner’s use of this single article to (e.g., mean risk estimates), overlooking which the petitioner deemed to be a de support their de minimis risk argument many others (e.g., probability minimis risk. The petitioner compared regarding the risk of CHD or CHD death distributions of risk estimates). The this risk range to the results of their associated with IP–TFA exposure is impact of different risk parameter values quantitative risk estimate, which inadequate. and uncertainty in risk methods relative predicted the annual probability of CHD to results also cannot be quantified (Ref. cases attributed to 0.05%en IP–TFA b. Petitioner’s Quantitative 6). intake from the petitioned PHO uses to Deterministic Risk Assessment The probabilistic approach allows for be in the range of 0.42 per 100,000 The petitioner relied on the de the analysis of human variability and ¥ adults (or 4.2 × 10 6) to 4.5 per 100,000 minimis risk principle to conclude that uncertainty in the risk method to be adults (or 4.5 × 10¥5). The petition the petitioned uses of PHOs are safe incorporated into both the exposure and concluded that the estimated risk from because the estimated probability of risk assessments, if high quality 0.05%en IP–TFA intake from petitioned CHD risk associated with IP–TFA from empirical data with the probability PHO uses is de minimis because it is the petitioned uses of PHOs falls below distribution information for key well below the probable de minimis risk the probable de minimis non-cancer risk parameters are used in the risk ranges for non-cancer risk calculated by range. The petition included a assessment (Ref. 6). We considered that applying a safety factor to the risks quantitative deterministic risk at the petitioned IP–TFA exposure of presented in the Castorina and assessment that estimated the annual 0.05%en, there would be greater Woodruff article. probability of CHD cases that may be uncertainty in the CHD risk estimates associated with IP–TFA from petitioned than the IP–TFA exposure of 0.5%en FDA Assessment uses of PHOs ranged from 0.42 to 4.54 which was used in the declaratory We will first address the petitioner’s per 100,000 U.S. adults. We note, order, and that the mean risk estimates reliance on the Castorina and Woodruff though, that the petition did not include alone would not be sufficient to paper to determine the concept of de an estimated annual number of CHD demonstrate safety. Therefore, we minimis risk, followed by our comments cases or estimated annual number of conducted a probabilistic risk on the petitioner’s deterministic risk CHD deaths associated with IP–TFA assessment for the CHD risk associated assessment. We will also include a from the proposed uses of PHOs. Using with an IP–TFA exposure of 0.05%en discussion of the probabilistic risk the petitioner’s estimated annual rate of taking into consideration the variability assessment that we conducted as part of CHD cases per 100,000 adults, the U.S. and uncertainty associated with IP–TFA our review. Census estimate of 166.7 million adults exposure and the risk parameters, and in the U.S. population in 2014, and a 32 estimated both the probabilistic means a. Castorina and Woodruff Study percent CHD fatality rate reported by the and the uncertainty around the means. We disagree with the petitioner’s Centers for Disease Control and We used FDA’s four risk methods interpretation of the Castorina and Prevention (CDC), we expanded the based on a linear no-threshold dose- Woodruff article on which the petitioner’s risk estimates associated response model (Ref. 6) to estimate petitioner’s safety conclusion is based. with IP–TFA from petitioned uses of changes in CHD risk when replacing cis- The application of the Castorina and PHOs to estimate a range of 700 to 7,570 MUFA or saturated fatty acids at Woodruff study results has limitations cases of CHD per year including 0.05%en, with the same percentage of as a basis for inferring that IP–TFA from between 224 and 2,422 deaths from energy from IP–TFA. The probabilistic petitioned PHO uses is safe because it CHD per year, which FDA does not means were in line with the results represents de minimis risk. The study is consider to be insignificant (Ref. 7). estimated using the deterministic a single, exploratory analysis of whether Additionally, we conducted our own approach. The probabilistic approach EPA reference values represent deterministic risk assessment to verify also quantified the probability negligible risk levels; it is not a that the petitioner’s methods were distribution of the risk estimates (e.g., consensus that defines a concept of de appropriate, and we expanded our the lower and upper 95 percent minimis risk or safe exposure. In fact, analysis to include a probabilistic risk statistical uncertainty intervals (95

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percent UIs)). The results included 2. Non-Detectability Argument subjects. We acknowledge that there are estimated changes in percent CHD risk, The petitioner argued that the limits to the statistical power of increases in the rate of annual CHD estimated exposure to IP–TFA from controlled feeding trials to measure cases (both fatal and non-fatal) per petitioned uses of PHOs (i.e., 0.05%en) changes in LDL–C from low levels of 100,000 U.S. adults, and increases in the is well below the exposure levels in TFA exposure. However, the lack of data from controlled feeding trials on number of annual CHD cases, including controlled feeding studies and effects at CHD deaths, among U.S. adults. We also the effect of TFA intake on blood lipids these low IP–TFA levels cannot be extended Method 4 (prospective at lower TFA intake is not due to a empirically established based on the observational studies) to estimate the potential threshold below which TFA currently available evidence. The annual number of CVD deaths among intake has no effect on LDL–C and other petition questioned the appropriateness this same population. (CVD deaths blood lipids. Rather, the lack of data at of using a linear dose-response model include deaths from CHD, strokes, and lower TFA intake is due to the limited for quantifying the effect of lower levels other vascular diseases.) Our assessment statistical power to detect significant of trans fat intake (i.e., <3%en) on LDL– methodology is documented in our changes in LDL–C at TFA intake below C and HDL–C, and maintained that review memorandum (Ref. 6). about 3 percent of energy in controlled Results from our probabilistic risk there is a general lack of empirical feeding trials with feasible sample size assessment demonstrate that consuming evidence that consumption of low levels of about 100 participants. For example, IP–TFA at a level of 0.05%en per person of trans fat increases CHD risk due to an we estimated that it would require more per day, instead of cis-MUFA, can cause adverse effect on blood lipoproteins. than 300,000 participants in a mean increase in annual CHD cases The petition highlighted one study (Ref. hypothetical PHO feeding trials to per 100,000 U.S. adults from 0.478 (95 18) suggesting that a linear dose- detect statistically significant changes percent UI 0.299 to 0.676) using the response model was not appropriate for LDL–C at the IP–TFA dietary exposure FDA risk method based on changes of quantifying effects of lower levels of IP– of 0.05%en (Refs. 6 and 7). LDL–C alone (Method 1) to 4.038 (95 TFA intake on LDL–C. In addition, the percent UI 2.120 to 6.280) using the petition noted that the trans fat content b. Empirical Evidence From New FDA risk method based on prospective of control diets used in published Population Studies observational studies (Method 4). These feeding studies ranged from non- Recent population studies have increases correspond to a mean increase detectable to 2.4%en and suggested, by shown empirical evidence of adverse in annual CHD cases from 814 (95 example, that the non-detectable level of effects of lower IP–TFA intake levels on percent UI 510 to 1,151, using Method TFA in a test diet could be at 0.15%en, CHD risk. Two recent prospective 1) to 6,877 (95 percent UI 3,611 to which is three times higher than IP– observational studies with long term 10,694, using Method 4), which TFA from petitioned uses of PHOs. follow-up found significant increases in includes annual deaths from CHD from Moreover, the petition noted that overall CHD risk or CVD mortality at trans fat 290 (95 percent UI 182 to 410, using the IP–TFA intake from petitioned uses intake increments as low as 0.3%en to Method 1) to 2,450 (95 percent UI 1,287 of PHOs (0.05%en) is well below the 0.6%en (Refs. 15 and 16). This is about to 3,811, using Method 4). The other intake level of diets tested in the 1/10 of the approximately 3 percent of two FDA risk methods produced controlled feeding trials that were relied energy from TFA intake that can be increases in risk values from CHD that upon in the meta-analyses to assess the studied in controlled feeding trials of were between those estimated by effect of IP–TFA on CHD risk. Because lipid biomarkers, and is roughly tenfold Method 1 and Method 4. the impact of low level IP–TFA intakes higher than the 0.05%en IP–TFA The same amount of IP–TFA cannot be detected by scientific studies, exposure from petitioned PHO uses. replacing saturated fatty acids would the petition concluded that the IP–TFA Two recent studies independently result in lower estimates of annual CHD intake from petitioned uses of PHOs examined the public health effects of cases and CHD-related deaths than those could be considered de minimis. restricting trans fat in eateries in several estimated by replacing cis-MUFA with New York state counties between 2007 FDA Assessment IP–TFA. We estimated the mean and 2011 (Refs. 23 and 24). In one increase in annual CHD cases to be 170 We will address the petitioner’s non- study, the authors compared records of (using Method 1) to 5,110 (using detectability argument with a three- hospital admissions for heart attack and Method 4), which includes 60 to 1,821 prong response. First, we will discuss stroke in counties that had TFA annual deaths from CHD. Using the issue of statistical power and how it restrictions and in control counties that extended Method 4, the same amount of relates to detectable changes in clinical had no restrictions (Ref. 23). They found IP–TFA replacing either saturated fatty feeding trials. Next, we will review that there was an additional 6.2 percent acids or carbohydrate could cause more empirical evidence of adverse effects of decline in hospital admissions for heart than 6,500 CVD deaths per year in U.S. lower IP–TFA intakes from several attacks and strokes in the populations of adults. The results of our analyses are recent population studies. Lastly, we counties with TFA restrictions. This described further in our review will comment on the body of evidence reduction corresponds to 43 CVD events memorandum (Ref. 6). that supports a no-threshold, linear prevented annually per 100,000 Our deterministic and probabilistic dose-response model to characterize the persons. In another study, the authors quantitative risk assessments adverse health effects of trans fat intake. analyzed the association of trans fat demonstrate that there is a probable restrictions in certain New York state significant health risk associated with a. Statistical Power of Controlled counties and annual CVD mortality rates 0.05%en from IP–TFA from the Feeding Trials (Ref. 24). They found a 4.5 percent petitioned uses of PHOs. Our analyses Statistical power is the probability decrease in CVD mortality in counties do not support the petitioner’s claims that a study will correctly detect an with trans fat restrictions compared that 0.05%en from IP–TFA results in de effect when an effect exists (Ref. 22). with control counties. This reduction minimis risk or that there is a Larger sample sizes generally result in corresponds to 13 fewer CVD deaths reasonable certainty that PHOs are not higher statistical power, increasing the annually per 100,000 persons. Both harmful under the intended conditions likelihood that a study will be able to studies, using separate data sources, of use. identify differences in the study showed consistent results of a ‘‘real-

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world’’ public health impact associated 3. Natural Occurrence Argument the data overall, we considered for the with the removal of trans fat in The petitioner based its third purposes of our safety assessment that restaurant food. argument on a ‘‘natural occurrence’’ TFA from intrinsic sources is, in Four studies published in 2017 theory which purports that a risk due to general, chemically and examined data on plasma trans fatty human activity may be de minimis and pharmacologically related to IP–TFA acid concentrations in U.S. adults from would not cause the activity to be from PHOs. the NHANES of 1999–2000 and 2009– We disagree with the petitioner’s considered unsafe provided that the risk 2010 (Refs. 25–28). These studies assertion that the IP–TFA exposure from does not exceed the natural occurrence showed the association between plasma the petitioned uses of PHOs is safe of the same risk (Ref. 20). Specifically, TFA and serum lipid and lipoprotein because it is insignificant in comparison the petitioner argued that the petitioned (i.e., LDL–C and HDL–C) concentration to existing background dietary TFA uses of PHOs are safe because the before and after reductions in TFA exposure. We note that the per capita incremental increase in IP–TFA intake consumption occurred in the U.S. IP–TFA intake of 0.05%en from from petitioned PHO uses (i.e., population. On average, plasma TFA petitioned uses of PHOs is concentrations in U.S. adults were about 0.05%en) is infinitesimally small and approximately 10 percent of mean TFA 54 percent lower in 2009–2010 negligible in comparison to existing intake from intrinsic sources; we do not compared to 1999–2000 (Refs. 26 and background dietary TFA exposure from consider this to be an infinitesimally 27). Significant improvements in blood intrinsic sources. As described in small or negligible amount. The lipids (e.g., lower LDL–C and section IV.B, the petitioner estimated contribution of IP–TFA intake from triglycerides, higher HDL–C) occurred the mean exposure to TFA from petitioned uses of PHOs is not trivial, over time as plasma TFA concentrations intrinsic sources (e.g., naturally- but rather will increase the mean decreased (Refs. 25 and 26). Despite occurring TFA from meat and dairy population TFA exposure by 10 percent. substantial reductions in TFA intake foods) to be 0.46%en. The petition Food sources of naturally-occurring over time, plasma TFA concentrations stated that the estimated intake of IP– TFA are widely consumed in the were significantly and consistently TFA of 0.05%en from petitioned uses of population, and therefore few members associated with serum lipid and PHOs equates to the 1.2th percentile of of the population consume 0.05%en lipoprotein concentrations at both time the TFA intake distribution from TFA or less. As the petition indicated, periods (Ref. 27). Results were similar intrinsic sources. The petition explained 0.05%en from IP–TFA from petitioned for metabolic syndrome and most of its further that this amount of IP–TFA uses of PHOs corresponds to about the components such as large waistline, intake is within the variability of the 1.2th percentile of population TFA high fasting glucose, and high TFA intake from intrinsic sources and intake from intrinsic sources. We assert triglycerides (Ref. 28). The authors below the 5th percentile. Thus, the that this comparison is not particularly concluded that these studies do not petition concluded that the petitioned relevant to whether the per capita IP– support the existence of a threshold uses are safe because the incremental TFA intake is significant because the under which the association between increase in IP–TFA exposure from the contribution of IP–TFA exposure from plasma TFA concentration and lipid petitioned uses of PHOs is the petitioned uses is in addition to, not profiles might become undetectable infinitesimally small and negligible in substitutional for, exposure to TFA from (Refs. 27 and 28). comparison to existing background intrinsic sources. Rather, the relevant dietary TFA exposure from intrinsic comparison is that the per capita IP– c. Consistent Support of a Progressive sources. TFA intake, 0.05%en, is approximately and Linear Dose-Response FDA Assessment 10 percent of mean TFA intake from In response to the petitioner’s naturally-occurring sources. For these argument of a non-linear dose-response, For our safety assessment, we reasons, we disagree with the we note that the vast majority of considered as a worst-case scenario the petitioner’s argument that the petitioned scientific studies have been consistent assumption that TFA from intrinsic uses of PHOs are safe because they are in their conclusions that trans fat sources is chemically and negligible in comparison to existing consumption has a progressive and pharmacologically related to IP–TFA background dietary TFA exposure from linear adverse effect on blood lipids and from PHOs. In general, TFA from intrinsic sources. CHD risk (Ref. 7). FDA’s 2015 review of intrinsic sources and IP–TFA contain As stated earlier, there is no explicit the scientific evidence for human health the same trans fatty acid isomers, reference to de minimis risks under effects of TFA concluded: (1) There is although in different proportions (Ref. either the FD&C Act or FDA’s no evidence of a threshold below which 12). The most recent evidence from regulations regarding the evaluation of TFA does not affect blood lipids and (2) controlled feeding trials shows the safety of food additives in response both controlled feeding trials and comparable effects on blood to a food additive petition. Based on the prospective observational studies lipoproteins such as LDL–C and HDL– data submitted by the petitioner, FDA strongly support the conclusion that C by naturally-occurring TFA and IP– has determined that the petitioned uses trans fat intake has a progressive and TFA (Ref. 7). Results of prospective present more than a de minimis or linear effect that increases CHD risk, observational studies specifically of negligible risk. Therefore, FDA has not with no evidence of a threshold (Ref. 2). TFA from intrinsic sources (rather than found it necessary as part of its petition Numerous expert panels discussed in total TFA) are relatively sparse, and response to determine how the concept our 2015 review and in the current generally do not show an association of of de minimis risk may apply to the review also support this conclusion. naturally-occurring TFA with CHD risk, safety analysis under section 409 of the Additional evidence from newer studies possibly due to limitations of the FD&C Act. also supports the conclusion that TFA studies (Ref. 7). Regarding the effect of has a progressive and linear adverse TFA from intrinsic sources on adverse V. Comments on the Filing Notification effect on blood lipids and CHD risk health outcomes other than CHD (e.g., We received 10 comments in response (Refs. 12 and 29). This is discussed in metabolic syndrome and diabetes), to the petition’s filing notification. detail in our review memorandum (Ref. study results are divergent (Refs. 6 and Seven comments expressed opposition 7). 7). Although there are inconsistencies in to the petition, one comment was about

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labeling of PHOs, one comment did not ADDRESSES) either electronic or written and Cardiovascular Disease Risk pertain to the petition, and one objections. You must separately number Assessments of Exposure from comment was a duplicate submission. each objection, and within each Industrially-Produced Trans Fatty Acid All of the comments opposing the numbered objection you must specify (IP–TFA) from Proposed Uses of Partially Hydrogenated Vegetable Oils (PHO) in petition cited the adverse health effects with particularity the provision(s) to Select Foods, April 16, 2018. associated with the consumption of which you object, and the grounds for 7. FDA Memorandum from J. Park to E. TFA. None of the comments provided your objection. Within each numbered Anderson, Scientific Literature Review information to support the petitioner’s objection, you must specifically state Update on Trans Fats with Detailed conclusion that the proposed uses of whether you are requesting a hearing on Responses to the Petitioner’s Safety PHOs are safe. the particular provision that you specify Conclusions on the Petitioned Uses of in that numbered objection. If you do Partially Hydrogenated Oils (PHOs), VI. Conclusion not request a hearing for any particular April 16, 2018. FAP 5A4811 requested that the food objection, you waive the right to a 8. IOM/NAS, ‘‘Dietary Reference Intakes for Energy Carbohydrate, Fat, Fatty Acids, additive regulations be amended to hearing on that objection. If you request provide for the safe use of PHOs as a Cholesterol, and Amino Acids a hearing, your objection must include (Macronutrients),’’ National Academies solvent or carrier for flavoring agents, a detailed description and analysis of Press, Washington, DC, 2002/2005, flavor enhancers, and coloring agents; as the specific factual information you Available at: https://www.nap.edu. a processing aid; and as a pan release intend to present in support of the 9. Katan, M.B., P.L. Zock, and R.P. Mensink, agent for baked goods at specific use objection in the event that a hearing is ‘‘Trans Fatty Acids and Their Effects on levels. After reviewing the petition, as held. If you do not include such a Lipoproteins in Humans,’’ Annual well as additional data and information description and analysis for any Review of Nutrition, 15:473–93, 1995. relevant to the petitioner’s request, we particular objection, you waive the right 10. Zock, P.L., M.B. Katan, and R.P. Mensink, determined that the petition does not ‘‘Dietary Trans Fatty Acids and to a hearing on the objection. Lipoprotein Cholesterol,’’ American contain convincing evidence to support It is only necessary to send one set of Journal of Clinical Nutrition, 61(3):617, the conclusion that the proposed uses of documents. Identify documents with the 1995. PHOs are safe. Therefore, FDA is docket number found in brackets in the 11. Zock, P.L. and R.P. Mensink, ‘‘Dietary denying FAP 5A4811 in accordance heading of this document. Any Trans-Fatty Acids and Serum with 21 CFR 171.100(a). objections received in response to the Lipoproteins in Humans,’’ Current regulation may be seen in the Dockets Opinion in Lipidology, 7(1):34–7, 1996. VII. Compliance Date Management Staff between 9 a.m. and 4 12. Brouwer, I.A., ‘‘Effect of Trans-Fatty Acid As discussed in section II, the p.m., Monday through Friday, and will Intake on Blood Lipids and Lipoproteins: declaratory order concluded that PHOs be posted to the docket at http:// A Systematic Review and Meta- are no longer GRAS for any use in www.regulations.gov. We will publish Regression Analysis,’’ Geneva: World human food and established a Health Organization, 2016. notice of the objections that we have 13. Hafekost, K., T.A. O’Sullivan, D. compliance date of June 18, 2018 (80 FR received or lack thereof in the Federal Lawrence, and F. Mitrou, ‘‘Systematic 34650). In light of our denial of FAP Register. Review of the Evidence for a 5A4811, we acknowledge that the food IX. References Relationship Between Trans-Fatty Acids industry needs additional time to and Blood Cholesterol,’’ Canberra, identify suitable replacement substances The following references are on Australia: On behalf of Food Standards for the petitioned uses of PHOs and that display in the Dockets Management Australia New Zealand, 2014, available the food industry has indicated that 12 Staff (see ADDRESSES) and are available at: http://www.foodstandards.gov.au/ months could be a reasonable timeframe for viewing by interested persons publications/Pages/Systematic-Review- for reformulation activities (Ref. 30). between 9 a.m. and 4 p.m., Monday of-the-evidence-for-a-relationship- between-trans-fatty-acids-and-blood- Therefore, elsewhere in this issue of the through Friday; they are also available electronically at http:// cholesterol-.aspx. Federal Register, we have extended the 14. de Souza, R.J., A. Mente, A. Maroleanu, compliance date to June 18, 2019, for www.regulations.gov. FDA has verified et al., ‘‘Intake of Saturated and Trans the manufacturing of food with the the website addresses, as of the date this Unsaturated Fatty Acids and Risk of All petitioned uses of PHOs. Food document publishes in the Federal Cause Mortality, Cardiovascular Disease, manufactured with the petitioned uses Register, but websites are subject to and Type 2 Diabetes: Systematic Review after June 18, 2019 may be subject to change over time. and Meta-Analysis of Observational Studies,’’ BMJ, 351:h3978, 2015. enforcement action by FDA. 1. Sacks, F.M., A.H. Lichtenstein, J.H.Y. Wu, In addition, for food manufactured et al. ‘‘Dietary Fats and Cardiovascular 15. Li, Y., Hruby, A., A.M. Bernstein, et al., with the petitioned uses before June 18, Disease: A Presidential Advisory from ‘‘Saturated Fats Compared with Unsaturated Fats and Sources of 2019, elsewhere in this issue of the the American Heart Association.’’ Circulation 136(3): e1–e23, 2017. Carbohydrates in Relation to Risk of Federal Register, we are extending the Coronary Heart Disease: A Prospective compliance date to January 1, 2021. 2. FDA Memorandum from J. Park to M. Honigfort, Scientific Update on Cohort Study,’’ Journal of the American This time frame will allow Experimental and Observational Studies College of Cardiology, 66(14):1538–48, manufacturers, distributors, and of Trans Fat Intake and Coronary Heart 2015. retailers to exhaust product inventory of Disease Risk, June 11, 2015. 16. Wang, D.D., Y. Li, S.E. Chiuve, et al., foods made with the petitioned uses 3. FDA Memorandum from J. Park to M. ‘‘Association of Specific Dietary Fats before the manufacturing compliance Honigfort, Literature Review, June 11, with Total and Cause-Specific date. All foods containing unauthorized 2015. Mortality,’’ JAMA Internal Medicine, 176(8):1134–45, 2016. uses of PHOs after January 1, 2021 may 4. FDA Memorandum from J. Park to M. Honigfort, Quantitative Estimate of 17. Reichard, J.F. and L.T. Haber, ‘‘Mode-of- be subject to FDA enforcement action. Industrial Trans Fat Intake and Coronary Action Evaluation for the Effect of Trans VIII. Objections Heart Disease Risk, June 11, 2015. Fatty Acids on Low-Density Lipoprotein 5. FDA Memorandum from D. Doell to E. Cholesterol,’’ Food and Chemical Any persons that may be adversely Anderson, April 13, 2018. Toxicology, 98(Pt B):282–94, 2016. affected by this document may file with 6. FDA Memorandum from J. Park to E. 18. Allen, B.C., M.J. Vincent, D. Liska, and the Dockets Management Staff (see Anderson, Quantitative Coronary Heart L.T. Haber, ‘‘Meta-Regression Analysis of

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the Effect of Trans Fatty Acids on Low- DEPARTMENT OF HOMELAND application that this year’s Ocean City Density Lipoprotein Cholesterol,’’ Food SECURITY Grand Prix would be held on a different and Chemical Toxicology, 98(Pt B):295– date this year from that published in the 307, 2016. Coast Guard Code of Federal Regulations (CFR) at 19. Liska, D.J., C.M. Cook, D.D. Wang, P.C. Table to 33 CFR 100.501 at (b.)19. The Gaine, and D.J. Baer, ‘‘Trans Fatty Acids 33 CFR Part 100 estimated date for this annual event and Cholesterol Levels: An Evidence Map of the Available Science.’’ Food and [Docket Number USCG–2018–0296] listed in the regulation is either the first Chemical Toxicology, 98(Pt B):269–81, or second Saturday or Sunday of May, RIN 1625–AA08 2016. or the second or third Saturday and Sunday of September. This year, the 20. Peterson, M., ‘‘What is a de minimis Special Local Regulation; North Risk?’’ Risk Management: An Ocean City Grand Prix is being held on International Journal, 4(2):47–55, 2002. Atlantic Ocean, Ocean City, MD June 23, 2018, and June 24, 2018. The 21. Castorina, R. and T.J. Woodruff, AGENCY: Coast Guard, DHS. high-speed power boat racing consist of ‘‘Assessment of Potential Risk Levels approximately 40 participating offshore ACTION: Notice of proposed rulemaking. Associated with U.S. Environmental race boats of various classes, 21 to 50 Protection Agency Reference Values,’’ SUMMARY: The Coast Guard is proposing feet in length, operating along a Environmental Health Perspectives, designated, marked racetrack-type 111(10):1318–25, 2003. to establish special local regulations for certain waters of the North Atlantic course located in the North Atlantic 22. Rosner, B., Fundamentals of Biostatistics, Ocean, at Ocean City, MD. Details of the Duxbury Press, Belmont, CA, 2010. Ocean. This action is necessary to 23. Brandt, E.J., R. Myerson, M.C. Perraillon, provide for the safety of life on these proposed event were provided to the and T.S. Polonsky, ‘‘Hospital navigable waters located at Ocean City, Coast Guard on March 12, 2018. Admissions for Myocardial Infarction Worcester County, MD, during a high- Hazards from the power boat racing and Stroke Before and After the Trans- speed power boat racing event on June event include participants operating Fatty Acid Restrictions in New York,’’ 23, 2018, and June 24, 2018. This near a designated navigation channel, as JAMA Cardiology, 2(6):627–634, 2017. proposed rulemaking would prohibit well as injury to persons and damage to 24. Restrepo, B.J. and M. Rieger, ‘‘Trans Fat persons and vessels from being in the property that involve vessel mishaps and Cardiovascular Disease Mortality: regulated area unless authorized by the during high-speed power boat races Evidence from Bans in Restaurants in Captain of the Port Maryland-National conducted on navigable waters located New York,’’ Journal of Health Capital Region or Coast Guard Patrol near the shoreline. The Captain of the Economics, 45:176–96, 2016. Port (COTP) Maryland-National Capital 25. Restrepo, B.J., ‘‘Further Decline of Trans Commander. We invite your comments on this proposed rulemaking. Region has determined that potential Fatty Acids Levels Among US Adults hazards associated with the power boat Between 1999–2000 and 2009–2010,’’ DATES: Comments and related material American Journal of Public Health, races would be a safety concern for must be received by the Coast Guard on anyone intending to operate within 107(1):156–8, 2017. or before June 20, 2018. 26. Vesper, H.W., S.P. Caudill, H.C. Kuiper, certain waters of the North Atlantic ADDRESSES: You may submit comments et al., ‘‘Plasma Trans-Fatty Acid Ocean at Ocean City, MD. Concentrations in Fasting Adults identified by docket number USCG– The purpose of this rulemaking is to Declined from NHANES 1999–2000 to 2018–0296 using the Federal protect event participants, spectators 2009–2010,’’ American Journal of eRulemaking Portal at http:// and transiting vessels on certain waters Clinical Nutrition, 105(5):1063–9, 2017. www.regulations.gov. See the ‘‘Public of North Atlantic Ocean before, during, 27. Yang, Q., Z. Zhang, F. Loustalot, et al., Participation and Request for and after the scheduled event. The Coast ‘‘Plasma Trans-Fatty Acid Comments’’ portion of the Guard proposes this rulemaking under Concentrations Continue to be SUPPLEMENTARY INFORMATION section for authority in 33 U.S.C. 1233, which Associated with Serum Lipid and further instructions on submitting authorize the Coast Guard to establish Lipoprotein Concentrations Among US comments. and define special local regulations. adults After Reductions in Trans-Fatty Acid Intake,’’ Journal of Nutrition, FOR FURTHER INFORMATION CONTACT: If III. Discussion of Proposed Rule you have questions about this proposed 147(5):896–907, 2017. The COTP Maryland-National Capital 28. Zhang, Z., C. Gillespie, Q. Yang, ‘‘Plasma rulemaking, call or email Mr. Ronald Region is proposing to establish special Trans-Fatty Acid Concentrations Houck, U.S. Coast Guard Sector local regulations that will be enforced Continue to be Associated with Maryland-National Capital Region; Metabolic Syndrome Among US Adults from 9:30 a.m. to 5:30 p.m. on June 23, telephone 410–576–2674, email 2018 and from 9:30 a.m. to 5:30 p.m. on After Reductions in Trans-Fatty Acid [email protected]. Intake,’’ Nutrition Research, 43:51–9, June 24, 2018. The regulated area is a 2017. SUPPLEMENTARY INFORMATION: polygon in shape measuring 29. Mensink, R.P., ‘‘Effects of Saturated Fatty I. Table of Abbreviations approximately 4,500 yards in length by Acids on Serum Lipids and 1,600 yards in width. The area would Lipoproteins: A Systematic Review and CFR Code of Federal Regulations cover all navigable waters of the North Regression Analysis,’’ Geneva: World DHS Department of Homeland Security Atlantic Ocean, within an area bounded FR Federal Register Health Organization, 2016. by the following coordinates: 30. Letter from the American Bakers NPRM Notice of proposed rulemaking Pub. L. Public Law Commencing at a point near the Association, et al., to Dr. Scott Gottlieb, shoreline at latitude 38°21′42″ N, Commissioner, Food and Drug § Section U.S.C. United States Code longitude 075°04′11″ W, thence east to Administration (April 30, 2018) (sent by ° ′ ″ electronic mail). latitude 38 21 33 N, longitude II. Background, Purpose, and Legal 075°03′10″ W, thence southwest to Dated: May 15, 2018. Basis latitude 38°19′25″ N, longitude Leslie Kux, On January 30, 2018, the Offshore 075°04′02″ W, thence west to the Associate Commissioner for Policy. Powerboat Association of Brick shoreline at latitude 38°19′35″ N, [FR Doc. 2018–10715 Filed 5–18–18; 8:45 am] Township, NJ, notified the Coast Guard longitude 075°05′02″ W, at Ocean City, BILLING CODE 4164–01–P through submission of a marine event MD.

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This proposed rule provides A. Regulatory Planning and Review Under section 213(a) of the Small additional information about areas Executive Orders 12866 and 13563 Business Regulatory Enforcement within the regulated area and their direct agencies to assess the costs and Fairness Act of 1996 (Pub. L. 104–121), definitions. These areas include ‘‘Race benefits of available regulatory we want to assist small entities in Area’’, ‘‘Buffer Zone’’, and ‘‘Spectator alternatives and, if regulation is understanding this proposed rule. If the Area’’. necessary, to select regulatory rule would affect your small business, The duration of the regulated area is approaches that maximize net benefits. organization, or governmental intended to ensure the safety of vessels Executive Order 13771 directs agencies jurisdiction and you have questions and these navigable waters before, concerning its provisions or options for to control regulatory costs through a during, and after the scheduled 10 a.m. compliance, please contact the person budgeting process. This NPRM has not until 5 p.m. high-speed power boat listed in the FOR FURTHER INFORMATION been designated a ‘‘significant racing event. Under the proposed rule, CONTACT section. The Coast Guard will regulatory action,’’ under Executive the COTP or Coast Guard Patrol not retaliate against small entities that Order 12866. Accordingly, the NPRM Commander may forbid and control the question or complain about this has not been reviewed by the Office of movement of all vessels and persons, proposed rule or any policy or action of Management and Budget (OMB), and including event participants, in the the Coast Guard. regulated area. When hailed or signaled pursuant to OMB guidance it is exempt by an official patrol, a vessel or person from the requirements of Executive C. Collection of Information in the regulated area would be required Order 13771. This proposed rule would not call for to immediately comply with the This regulatory action determination a new collection of information under directions given. Failure to do so could is based on the size, duration and the Paperwork Reduction Act of 1995 result in expulsion from the area, location of the regulated area. Vessel (44 U.S.C. 3501–3520). traffic would be able to safely transit citation for failure to comply, or both. D. Federalism and Indian Tribal Except for Ocean City Grand Prix around this regulated area, which would Governments participants, no vessel or person would impact a small designated area of the be permitted to enter the regulated area North Atlantic Ocean for 16 hours. The A rule has implications for federalism without obtaining permission from the Coast Guard would issue a Broadcast under Executive Order 13132, COTP Maryland-National Capital Notice to Mariners via VHF–FM marine Federalism, if it has a substantial direct Region or the Coast Guard patrol channel 16 about the status of the effect on the States, on the relationship commander. Vessel operators would be regulated area. Moreover, the rule between the national government and allowed to request permission to enter would allow vessels to seek permission the States, or on the distribution of and transit through a regulated area by to enter the regulated area, and vessel power and responsibilities among the contacting the Coast Guard patrol traffic would be able to safely transit the various levels of government. We have commander on VHF–FM channel 16. regulated area once the COTP Coast analyzed this proposed rule under that All persons and vessels not registered Guard Patrol Commander deems it safe Order and have determined that it is with the event sponsor as participants to do so. consistent with the fundamental or assigned as official patrols are B. Impact on Small Entities federalism principles and preemption considered spectators. Official Patrols requirements described in Executive are any vessel assigned or approved by The Regulatory Flexibility Act of Order 13132. Commander, Coast Guard Sector 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have Maryland-National Capital Region with requires Federal agencies to consider tribal implications under Executive a commissioned, warrant, or petty the potential impact of regulations on Order 13175, Consultation and officer on board and displaying a Coast small entities during rulemaking. The Coordination with Indian Tribal Guard ensign. term ‘‘small entities’’ comprises small Governments, because it would not have If permission is granted, spectators businesses, not-for-profit organizations a substantial direct effect on one or would be allowed to enter the spectator that are independently owned and more Indian tribes, on the relationship area or pass directly through the operated and are not dominant in their between the Federal Government and regulated area as instructed by Coast fields, and governmental jurisdictions Indian tribes, or on the distribution of Guard Patrol Commander and at safe with populations of less than 50,000. power and responsibilities between the speed and without loitering. All The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. spectator vessels would be required to 605(b) that this proposed rule would not If you believe this proposed rule has be anchored or operate at a No Wake have a significant economic impact on implications for federalism or Indian Speed within the designated spectator a substantial number of small entities. tribes, please contact the person listed area. Official patrol vessels will direct While some owners or operators of in the FOR FURTHER INFORMATION spectator vessels to the spectator area. vessels intending to transit the regulated CONTACT section. area may be small entities, for the Only participant vessels and official E. Unfunded Mandates Reform Act patrol vessels would be allowed to enter reasons stated in section IV.A above this the race area. proposed rule would not have a The Unfunded Mandates Reform Act The regulatory text we are proposing significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires appears at the end of this document. vessel owner or operator. Federal agencies to assess the effects of If you think that your business, their discretionary regulatory actions. In IV. Regulatory Analyses organization, or governmental particular, the Act addresses actions We developed this proposed rule after jurisdiction qualifies as a small entity that may result in the expenditure by a considering numerous statutes and and that this rule would have a State, local, or tribal government, in the Executive orders related to rulemaking. significant economic impact on it, aggregate, or by the private sector of Below we summarize our analyses please submit a comment (see $100,000,000 (adjusted for inflation) or based on a number of these statutes and ADDRESSES) explaining why you think it more in any one year. Though this Executive orders and we discuss First qualifies and how and to what degree proposed rule would not result in such Amendment rights of protestors. this rule would economically affect it. an expenditure, we do discuss the

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effects of this rule elsewhere in this in the FOR FURTHER INFORMATION Commander, Coast Guard Sector preamble. CONTACT section of this document for Maryland-National Capital Region. alternate instructions. Official Patrol means any vessel F. Environment We accept anonymous comments. All assigned or approved by Commander, We have analyzed this proposed rule comments received will be posted Coast Guard Sector Maryland-National under Department of Homeland without change to http:// Capital Region with a commissioned, Security Management Directive 023–01, www.regulations.gov and will include warrant, or petty officer on board and which guides the Coast Guard in any personal information you have displaying a Coast Guard ensign. complying with the National provided. For more about privacy and Participants means all persons and Environmental Policy Act of 1969 (42 the docket, visit http:// vessels registered with the event U.S.C. 4321–4370f), and have made a www.regulations.gov/privacyNotice. sponsor as participating in the Ocean preliminary determination that this Documents mentioned in this NPRM City Grand Prix event or otherwise action is one of a category of actions that as being available in the docket, and all designated by event sponsor as having do not individually or cumulatively public comments, will be in our online a function tied to the event. have a significant effect on the human docket at http://www.regulations.gov Race Area is an area described by a environment. This proposed rule and can be viewed by following that line bound by coordinates provided in involves implementation of regulations website’s instructions. Additionally, if latitude and longitude that outlines the within 33 CFR part 100 applicable to you go to the online docket and sign up boundary of a race area within the organized marine events on the for email alerts, you will be notified regulated area defined by this section. navigable waters of the United States when comments are posted or a final Spectators means all persons and that could negatively impact the safety rule is published. vessels not registered with the event of waterway users and shore side sponsor as participants or assigned as activities in the event area lasting for 16 List of Subjects in 33 CFR Part 100 official patrols. hours. Normally such actions are Marine safety, Navigation (water), Spectator Area is an area described by categorically excluded from further Reporting and recordkeeping a line bound by coordinates provided in review under paragraph L61 of requirements, Waterways. latitude and longitude that outlines the Appendix A, Table 1 of DHS Instruction For the reasons discussed in the boundary of a spectator area within the Manual 023–01–001–01, Rev. 01. A preamble, the Coast Guard proposes to regulated area defined by this section. (b) Locations. All coordinates preliminary Memorandum for Record amend 33 CFR part 100 as follows: for Categorically Excluded Actions reference Datum NAD 1983. (1) supporting this determination is PART 100—SAFETY OF LIFE ON Regulated area. All navigable waters of available in the docket where indicated NAVIGABLE WATERS the North Atlantic Ocean, within an under ADDRESSES. We seek any area bounded by the following ■ comments or information that may lead 1. The authority citation for part 100 coordinates: Commencing at a point continues to read as follows: near the shoreline at position latitude to the discovery of a significant ° ′ ″ ° ′ ″ Authority: 33 U.S.C. 1233; 33 CFR 38 21 42 N, longitude 075 04 11 W; environmental impact from this ° ′ ″ proposed rule. 1.05–1. thence east to latitude 38 21 33 N, longitude 075°03′10″ W; thence ■ 2. Add § 100.501T05–0296 to read as G. Protest Activities southwest to latitude 38°19′25″ N, follows: The Coast Guard respects the First longitude 075°04′02″ W; thence west to Amendment rights of protesters. § 100.501T05–0296 Special Local the shoreline at latitude 38°19′35″ N, Protesters are asked to contact the Regulation; North Atlantic Ocean, Ocean longitude 075°05′02″ W, at Ocean City, person listed in the FOR FURTHER City, MD. MD. The following locations are within INFORMATION CONTACT section to (a) Definitions. As used in this the regulated area: coordinate protest activities so that your section: (2) Race Area. The race area is a message can be received without Buffer Zone is a neutral area that polygon in shape measuring jeopardizing the safety or security of surrounds the perimeter of the Race approximately 3,500 yards in length by people, places, or vessels. Area within the regulated area described 350 yards in width. The area is bounded by this section. The purpose of a buffer by a line commencing at position V. Public Participation and Request for zone is to minimize potential collision latitude 38°19′46.85″ N, longitude Comments conflicts with marine event participants 075°04′43.28″ W, thence east to latitude We view public participation as or race boats and spectator vessels or 38°19′44.23″ N, longitude 075°04′29.89″ essential to effective rulemaking, and nearby transiting vessels. This area W, thence north and parallel to Ocean will consider all comments and material provides separation between a Race City, MD shoreline to latitude received during the comment period. Area and a specified Spectator Area or 38°21′23.24″ N, longitude 075°03′48.87″ Your comment can help shape the other vessels that are operating in the W, thence west to latitude 38°21′25.12″ outcome of this rulemaking. If you vicinity of the regulated area established N, longitude 075°04′02.45″ W; thence submit a comment, please include the by the special local regulations. south to the point of origin. docket number for this rulemaking, Captain of the Port (COTP) Maryland- (3) Buffer Zone. The buffer zone is a indicate the specific section of this National Capital Region means the polygon in shape measuring document to which each comment Commander, U.S. Coast Guard Sector approximately 500 yards in all applies, and provide a reason for each Maryland-National Capital Region or directions surrounding the entire race suggestion or recommendation. any Coast Guard commissioned, warrant area described in the preceding We encourage you to submit or petty officer who has been authorized paragraph of this section. The area is comments through the Federal by the COTP to act on his behalf. bounded by a line commencing at a eRulemaking Portal at http:// Coast Guard Patrol Commander point near the shoreline at position www.regulations.gov. If your material means a commissioned, warrant, or latitude 38°21′42″ N, longitude cannot be submitted using http:// petty officer of the U.S. Coast Guard 075°04′11″ W; thence east to latitude www.regulations.gov, contact the person who has been designated by the 38°21′35″ N, longitude 075°03′24″ W;

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thence southwest to latitude 38°19′28″ National Capital Region or Coast Guard further instructions on submitting N, longitude 075°04′17″ W; thence west Patrol Commander. The Coast Guard comments. ° ′ ″ to the shoreline at latitude 38 19 35 N, Patrol Commander can be contacted on FOR FURTHER INFORMATION CONTACT: ° ′ ″ If longitude 075 05 02 W, at Ocean City, Marine Band Radio, VHF–FM channel you have questions about this proposed MD. 16 (156.8 MHz) to seek permission to rulemaking, call or email Mr. Ronald (4) Spectator Area. The designated transit, moor, or anchor within the Houck, U.S. Coast Guard Sector spectator area is a polygon in shape regulated area while this section is Maryland-National Capital Region; measuring approximately 3,500 yards in being enforced. telephone 410–576–2674, email length by 350 yards in width. The area (6) The Coast Guard will publish a [email protected]. is bounded by a line commencing at notice in the Fifth Coast Guard District SUPPLEMENTARY INFORMATION: position latitude 38°19′40″ N, longitude Local Notice to Mariners and issue a 075°04′12″ W, thence east to latitude marine information broadcast on VHF– I. Table of Abbreviations ° ′ ″ ° ′ ″ 38 19 37 N, longitude 075 03 59 W, FM marine band radio announcing CFR Code of Federal Regulations thence northeast to latitude 38°21′17″ N, specific event date and times. ° ′ ″ DHS Department of Homeland Security longitude 075 03 17 W, thence west to (d) Enforcement periods. This section FR Federal Register latitude 38°21′20″ N, longitude will be enforced from 9:30 a.m. to 5:30 NPRM Notice of proposed rulemaking ° ′ ″ 075 03 31 W, thence southwest to point p.m. on June 23, 2018 and from 9:30 Pub. L. Public Law of origin. a.m. to 5:30 p.m. on June 24, 2018. § Section (c) Special local regulations: (1) The U.S.C. United States Code COTP or Coast Guard Patrol Dated: May 15, 2018. Joseph B. Loring, II. Background, Purpose, and Legal Commander may forbid and control the Basis movement of all vessels and persons, Captain, U.S. Coast Guard, Captain of the including event participants, in the Port Maryland-National Capital Region. On February 18, 2018, Kent Narrows regulated area. When hailed or signaled [FR Doc. 2018–10730 Filed 5–18–18; 8:45 am] Racing Association of Chester, MD, by an official patrol, a vessel or person BILLING CODE 9110–04–P notified the Coast Guard that it will be in the regulated area shall immediately conducting power boat races from 9 a.m. comply with the directions given. until 6 p.m. on July 28, 2018, and July Failure to do so may result in expulsion DEPARTMENT OF HOMELAND 29, 2018. The high-speed power boat from the area, citation for failure to SECURITY racing event consists of approximately comply, or both. The Coast Guard Patrol 60 participants competing on a Commander may terminate the event, or Coast Guard designated one-mile oval course in the the operation of any vessel designated Choptank River in a cove located by event sponsor as having a function 33 CFR Part 100 between Hambrooks Bar and the shoreline at Cambridge, MD. Hazards tied to the event, at any time the Coast [Docket Number USCG–2018–0178] Guard Patrol Commander deems it from the power boat races include risks necessary for the protection of life or RIN 1625–AA08 of injury or death resulting from near or property. actual contact among participant vessels (2) Except for participants and vessels Special Local Regulation; Choptank and spectator vessels or waterway users already at berth, all persons and vessels River, Cambridge, MD if normal vessel traffic were to interfere within the regulated area at the start of with the event. Details of the proposed AGENCY: Coast Guard, DHS. enforcement are to depart the regulated event were provided to the Coast Guard area. ACTION: Notice of proposed rulemaking. at a meeting on April 10, 2018. There it (3) Spectators shall contact the Coast was learned that during past power boat SUMMARY: The Coast Guard proposes to racing events in the area, large wakes Guard Patrol Commander to request establish special local regulations for created from transient vessels operating permission to either enter the spectator certain waters of the Choptank River. on the Choptank River west of the area or pass through the regulated area. This action is necessary to provide for Senator Frederick C. Malkus, Jr. (US–50) The Coast Guard Patrol Commander and the safety of life on the navigable waters Memorial Bridge have caused great official patrol vessels enforcing this located in Cambridge, MD, during a concern for event planners. Such wakes regulated area can be contacted on power boat racing event on July 28, are hazardous to participants as their marine band radio VHF–FM channel 16 2018, and July 29, 2018. This proposed presence in the race area would result (156.8 MHz) and channel 22A (157.1 rule would prohibit persons and vessels in injury or death due to vessel MHz). If permission is granted, from entering the regulated area unless capsizing or collisions among spectators may enter the spectator area authorized by the Captain of the Port participant vessels during the high- or must pass directly through the Maryland-National Capital Region or the speed races. Allowing the proposed regulated area as instructed by Coast Coast Guard Patrol Commander. We power boat racing event to proceed Guard Patrol Commander and at safe invite your comments on this proposed without including these navigable speed and without loitering. All rulemaking. spectator vessels shall be anchored or waters within the regulated area would operate at a No Wake Speed within the DATES: Comments and related material adversely affect event participants. The designated spectator area. Official patrol must be received by the Coast Guard on Captain of the Port (COTP) Maryland- vessels will direct spectator vessels to or before June 20, 2018. National Capital Region has determined the spectator area. ADDRESSES: You may submit comments that potential hazards associated with (4) Only participant vessels and identified by docket number USCG– the power boat races would be a safety official patrol vessels are allowed to 2018–0178 using the Federal concern for anyone intending to enter the race area. eRulemaking Portal at http:// participate in this event or for vessels (5) Persons and vessels desiring to www.regulations.gov. See the ‘‘Public that operate within specified waters of transit, moor, or anchor within the Participation and Request for the Choptank River at Cambridge, MD. regulated area must first obtain Comments’’ portion of the The purpose of this rulemaking is to authorization from the COTP Maryland- SUPPLEMENTARY INFORMATION section for protect marine event participants,

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spectators and transiting vessels on IV. Regulatory Analyses area may be small entities, for the specified waters of the Choptank River We developed this proposed rule after reasons stated in section IV.A above this before, during, and after the scheduled considering numerous statutes and proposed rule would not have a event. The Coast Guard proposes this Executive Orders related to rulemaking. significant economic impact on any rulemaking under authority in 33 U.S.C. Below we summarize our analyses vessel owner or operator. If you think that your business, 1233, which authorizes the Coast Guard based on a number of these statutes and organization, or governmental to establish and define special local Executive Orders, and we discuss First regulations. jurisdiction qualifies as a small entity Amendment rights of protestors. and that this rule would have a III. Discussion of Proposed Rule A. Regulatory Planning and Review significant economic impact on it, please submit a comment (see The COTP Maryland-National Capital Executive Orders 12866 and 13563 ADDRESSES) explaining why you think it Region proposes to establish special direct agencies to assess the costs and qualifies and how and to what degree local regulations to be enforced from benefits of available regulatory this rule would economically affect it. 8:30 a.m. until 6:30 p.m. on July 28, alternatives and, if regulation is 2018 and July 29, 2018. This special Under section 213(a) of the Small necessary, to select regulatory Business Regulatory Enforcement local regulation would include approaches that maximize net benefits. navigable waters of the Choptank River Fairness Act of 1996 (Pub. L. 104–121), Executive Order 13771 directs agencies we want to assist small entities in located between the Senator Frederick to control regulatory costs through a C. Malkus, Jr. (US–50) Memorial Bridge, understanding this proposed rule. If the budgeting process. This NPRM has not rule would affect your small business, at mile 15.5, and Hambrooks Bar Light. been designated a ‘‘significant The area of the regulated area is organization, or governmental regulatory action’’ under Executive jurisdiction and you have questions approximately 3,000 yards in length and Order 12866. Accordingly, the NPRM 3,000 yards in width. concerning its provisions or options for has not been reviewed by the Office of compliance, please contact the person The regulated area would include all Management and Budget (OMB), and listed in the FOR FURTHER INFORMATION navigable waters within Choptank River pursuant to OMB guidance it is exempt CONTACT section. The Coast Guard will and Hambrooks Bay bounded by a line from the requirements of Executive not retaliate against small entities that connecting the following coordinates: Order 13771. question or complain about this Commencing at the shoreline at Long This regulatory action determination proposed rule or any policy or action of Wharf Park, Cambridge, MD, at position is based on the size, location and the Coast Guard. latitude 38°34′30″ N, longitude duration of the regulated area. Vessel 076°04′16″ W; thence east to latitude traffic would be able to safely transit C. Collection of Information ° ′ ″ ° ′ ″ 38 34 20 N, longitude 076 03 46 W; through the regulated area, which This proposed rule would not call for thence north across the Choptank River would impact a small designated area of a new collection of information under along the Senator Frederick C. Malkus, the Choptank River for 20 hours. The the Paperwork Reduction Act of 1995 Jr. (US–50) Memorial Bridge, at mile Coast Guard would issue a Broadcast (44 U.S.C. 3501–3520). 15.5, to latitude 38°35′30″ N, longitude Notice to Mariners via marine band 076°02′52″ W; thence west along the radio VHF–FM channel 16 about the D. Federalism and Indian Tribal shoreline to latitude 38°35′38″ N, status of the regulated area. Moreover, Governments longitude 076°03′09″ W; thence north the rule would, when deemed safe to do A rule has implications for federalism and west along the shoreline to latitude so by the Coast Guard Patrol under Executive Order 13132, 38°36′42″ N, longitude 076°04′15″ W; Commander, allow vessel operators to Federalism, if it has a substantial direct thence southwest across the Choptank request permission to enter, remain effect on the States, on the relationship River to latitude 38°35′31″ N, longitude within, or transit through the regulated between the national government and 076°04′57″ W, terminating at the area for the purpose of either safely the States, or on the distribution of Hambrooks Bay breakwall. This rule entering the ‘‘Spectator Area’’ or power and responsibilities among the provides additional information about transiting the regulated area at the various levels of government. We have designated areas within the regulated minimum speed necessary to maintain a analyzed this proposed rule under that area, including a ‘‘Race Area,’’ safe course that minimizes wake near Order and have determined that it is ‘‘Spectator Area’’ and ‘‘Buffer Zone,’’ the race course. consistent with the fundamental and the restrictions that apply to federalism principles and preemption B. Impact on Small Entities mariners. The duration of the regulated requirements described in Executive area is intended to ensure the safety of The Regulatory Flexibility Act of Order 13132. event participants and vessels within 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have the specified navigable waters before, requires Federal agencies to consider tribal implications under Executive during, and after the power boat races, the potential impact of regulations on Order 13175, Consultation and scheduled to occur 9 a.m. through 6 small entities during rulemaking. The Coordination with Indian Tribal p.m. each day. Persons and vessels term ‘‘small entities’’ comprises small Governments, because it would not have desiring to transit, moor, or anchor businesses, not-for-profit organizations a substantial direct effect on one or within the regulated area must obtain that are independently owned and more Indian tribes, on the relationship authorization from COTP Maryland- operated and are not dominant in their between the Federal Government and National Capital Region or Coast Guard fields, and governmental jurisdictions Indian tribes, or on the distribution of Patrol Commander. When authorized to with populations of less than 50,000. power and responsibilities between the transit the regulated area, all vessels The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. would proceed at the minimum speed 605(b) that this proposed rule would not If you believe this proposed rule has necessary to maintain a safe course that have a significant economic impact on implications for federalism or Indian minimizes wake near the race course. a substantial number of small entities. tribes, please contact the person listed The regulatory text we are proposing While some owners or operators of in the FOR FURTHER INFORMATION appears at the end of this document. vessels intending to transit the regulated CONTACT section above.

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E. Unfunded Mandates Reform Act docket number for this rulemaking, Commander, Coast Guard Sector The Unfunded Mandates Reform Act indicate the specific section of this Maryland-National Capital Region. of 1995 (2 U.S.C. 1531–1538) requires document to which each comment (3) Official Patrol means any vessel Federal agencies to assess the effects of applies, and provide a reason for each assigned or approved by Commander, their discretionary regulatory actions. In suggestion or recommendation. Coast Guard Sector Maryland-National particular, the Act addresses actions We encourage you to submit Capital Region with a commissioned, that may result in the expenditure by a comments through the Federal warrant, or petty officer on board and State, local, or tribal government, in the eRulemaking Portal at http:// displaying a Coast Guard ensign. (4) Spectator means any person or aggregate, or by the private sector of www.regulations.gov. If your material vessel not registered with the event $100,000,000 (adjusted for inflation) or cannot be submitted using http:// sponsor as a participant or an official more in any one year. Though this www.regulations.gov, contact the person in the FOR FURTHER INFORMATION patrol vessel. proposed rule would not result in such (5) Participant means any person or an expenditure, we do discuss the CONTACT section of this document for alternate instructions. vessel participating in the Thunder on effects of this rule elsewhere in this the Choptank event under the auspices preamble. We accept anonymous comments. All comments received will be posted of the Marine Event Permit issued to the F. Environment without change to http:// event sponsor and approved by We have analyzed this proposed rule www.regulations.gov and will include Commander, Coast Guard Sector under Department of Homeland any personal information you have Maryland-National Capital Region. Security Management Directive 023–01 provided. For more about privacy and (b) Regulated area. All coordinates and Commandant Instruction the docket, you may review a Privacy reference Datum NAD 1983. (1) Coordinates. The following M16475.lD, which guide the Coast Act notice regarding the Federal Docket location is a regulated area: All Guard in complying with the National Management System in the March 24, navigable waters within the Choptank Environmental Policy Act of 1969 (42 2005, issue of the Federal Register (70 River and Hambrooks Bay bounded by U.S.C. 4321–4370f), and have made a FR 15086). a line connecting the following preliminary determination that this Documents mentioned in this NPRM coordinates: Commencing at the action is one of a category of actions that as being available in the docket, and all shoreline at Long Wharf Park, do not individually or cumulatively public comments, will be in our online docket at http://www.regulations.gov Cambridge, MD, at position latitude have a significant effect on the human ° ′ ″ ° ′ ″ and can be viewed by following that 38 34 30 N, longitude 076 04 16 W; environment. This proposed rule ° ′ ″ website’s instructions. Additionally, if thence east to latitude 38 34 20 N, involves a special local regulation ° ′ ″ lasting for 20 hours. This category of you go to the online docket and sign up longitude 076 03 46 W; thence north marine event water activities includes for email alerts, you will be notified across the Choptank River along the but is not limited to sail boat regattas, when comments are posted or a final Senator Frederick C. Malkus, Jr. (US–50) boat parades, power boat racing, rule is published. Memorial Bridge, at mile 15.5, to latitude 38°35′30″ N, longitude swimming events, crew racing, canoe List of Subjects in 33 CFR Part 100 ° ′ ″ and sail board racing. Normally such 076 02 52 W; thence west along the Marine safety, Navigation (water), shoreline to latitude 38°35′38″ N, actions are categorically excluded from ° ′ ″ further review under paragraph L61 of Reporting and recordkeeping longitude 076 03 09 W; thence north requirements, Waterways. and west along the shoreline to latitude Appendix A, Table 1 of DHS Instruction ° ′ ″ ° ′ ″ Manual 023–01–001–01, Rev. 01. A For the reasons discussed in the 38 36 42 N, longitude 076 04 15 W; preliminary Memorandum for Record is preamble, the Coast Guard proposes to thence southwest across the Choptank ° ′ ″ available in the docket where indicated amend 33 CFR part 100 as follows: River to latitude 38 35 31 N, longitude ° ′ ″ under ADDRESSES. We seek any 076 04 57 W, terminating at the comments or information that may lead PART 100—SAFETY OF LIFE ON Hambrooks Bay breakwall. to the discovery of a significant NAVIGABLE WATERS (2) Race area. Located within the environmental impact from this waters of Hambrooks Bay and Choptank ■ 1. The authority citation for part 100 proposed rule. River, between Hambrooks Bar and continues to read as follows: Great Marsh Point, MD. G. Protest Activities Authority: 33 U.S.C. 1233; 33 CFR 1.05– (3) Buffer zone. All waters within The Coast Guard respects the First 1. Hambrooks Bay and Choptank River (with the exception of the Race Area Amendment rights of protesters. ■ 2. Add § 100.35–T05–0178 to read as designated by the marine event sponsor) Protesters are asked to contact the follows: person listed in the FOR FURTHER bound to the north by the breakwall and INFORMATION CONTACT section to § 100.35–T05–0178 Special Local continuing along a line drawn from the coordinate protest activities so that your Regulation; Choptank River, Cambridge, east end of breakwall located at latitude message can be received without MD. 38°35′27.6″ N, longitude 076°04′50.1″ jeopardizing the safety or security of (a) Definitions. (1) Captain of the Port W, thence southeast to latitude people, places, or vessels. Maryland-National Capital Region 38°35′17.7″ N, longitude 076°04′29″ W, means the Commander, U.S. Coast thence south to latitude 38°35′01″ N, V. Public Participation and Request for Guard Sector Maryland-National Capital longitude 076°04′29″ W, thence west to Comments Region or a Coast Guard commissioned, the shoreline at latitude 38°35′01″ N, We view public participation as warrant or petty officer who has been longitude 076°04′41.3″ W. essential to effective rulemaking, and authorized by the Captain of the Port to (4) Spectator area. All waters of the will consider all comments and material act on his behalf. Choptank River, eastward and outside of received during the comment period. (2) Coast Guard Patrol Commander Hambrooks Bay breakwall, bounded by Your comment can help shape the means a commissioned, warrant, or line that commences at latitude outcome of this rulemaking. If you petty officer of the U.S. Coast Guard 38°35′27.6″ N, longitude 076°04′50.1″ submit a comment, please include the who has been designated by the W, thence northeast to latitude

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38°35′30″ N, longitude 076°04′47″ W, section. All vessels within the Spectator 700/80) Bridge, mile 1024.7, across the thence southeast to latitude 38°35′23″ N, Area shall be anchored or operate at a Atlantic Intracoastal Waterway, at West longitude 076°04′29″ W, thence no-wake speed while transiting within Palm Beach, Florida. This modification southwest to latitude 38°35′19″ N, the Spectator Area. allows the Flagler Memorial, Royal Park longitude 076°04′31″ W, thence (7) The Coast Guard Patrol and Southern Boulevard Bridges to northwest to to and terminating at the Commander and official patrol vessels operate on alternative schedules when point of origin. enforcing this regulated area can be the President of the United States, (c) Special local regulations. (1) The contacted on marine band radio VHF– members of the First Family, or other Captain of the Port Maryland-National FM channel 16 (156.8 MHz) and persons under the protection of the Capital Region or the Coast Guard Patrol channel 22A (157.1 MHz). Persons and Secret Service visit Mar-a-Lago. The Commander may forbid and control the vessels desiring to transit, moor, or proposed modifications are necessary to movement of all vessels and persons, anchor within the regulated area must accommodate the increase in vehicular including event participants, in the obtain authorization from Captain of the traffic when the presidential motorcade regulated area. When hailed or signaled Port Maryland-National Capital Region is in transit. by an official patrol, a vessel or person or Coast Guard Patrol Commander. The DATES: Comments and relate material in the regulated area shall immediately Captain of the Port Maryland-National must reach the Coast Guard on or before comply with the directions given. Capital Region can be contacted at July 5, 2018. Failure to do so may result in expulsion telephone number 410–576–2693 or on ADDRESSES: You may submit comments from the area, citation for failure to Marine Band Radio, VHF–FM channel identified by docket number USCG– comply, or both. 16 (156.8 MHz). The Coast Guard Patrol 2017–0273 using Federal eRulemaking (2) The operator of any vessel in the Commander can be contacted on Marine Portal at http://www.regulations.gov. regulated area shall: Band Radio, VHF–FM channel 16 (156.8 See the ‘‘Public Participation and (i) Stop the vessel immediately when MHz). directed to do so by any Official Patrol (8) The Coast Guard will publish a Request for Comments’’ portion of the and then proceed only as directed. notice in the Fifth Coast Guard District SUPPLEMENTARY INFORMATION section (ii) All persons and vessels shall Local Notice to Mariners and issue a below for instructions on submitting comply with the instructions of the marine information broadcast on VHF– comments. Official Patrol. FM marine band radio. FOR FURTHER INFORMATION CONTACT: If (iii) When authorized to transit the (d) Enforcement. The Coast Guard you have questions on this rule, call or regulated area, all vessels shall proceed may be assisted with marine event email LT Ruth Sadowitz, Coast Guard at the minimum speed necessary to patrol and enforcement of the regulated Sector Miami, FL, Waterways maintain a safe course that minimizes area by other Federal, State, and local Management Division, telephone 305– wake near the race course. agencies. 535–4307, email ruth.a.sadowitz@ (3) The Coast Guard Patrol (e) Enforcement periods. This section uscg.mil. Commander may terminate the event, or will be enforced from 8:30 a.m. until SUPPLEMENTARY INFORMATION: the operation of any participant, at any 6:30 p.m. on July 28, 2018, and from time it is deemed necessary for the 8:30 a.m. until 6:30 p.m. on July 29, I. Table of Abbreviations protection of life or property. 2018. (4) The Race Area is an area within CFR Code of Federal Regulations the regulated area defined in paragraph Dated: May 2, 2018. DHS Department of Homeland Security (b)(2) of this section. The actual Joseph B. Loring, FR Federal Register OMB Office of Management and Budget placement of the race course will be Captain, U.S. Coast Guard, Captain of the NPRM Notice of Proposed Rulemaking Port Maryland-National Capital Region. determined by the marine event sponsor (Advance, Supplemental) but must be located within the [FR Doc. 2018–10795 Filed 5–18–18; 8:45 am] § Section designated boundaries of the Race Area. BILLING CODE 9110–04–P U.S.C. United States Code Only participants and official patrol FL DOT Florida Department of vessels are allowed to enter the Race Transportation Area. DEPARTMENT OF HOMELAND AICW Atlantic Intracoastal Waterway (5) The Buffer Zone is an area that SECURITY II. Background, Purpose and Legal surrounds the perimeter of the Race Basis Area within the regulated area defined Coast Guard in paragraph (b)(3) of this section. The The bridge owner, Florida Department purpose of a Buffer Zone is to minimize 33 CFR Part 117 of Transportation, requested changes to potential collision conflicts with [Docket No. USCG–2017–0273] the drawbridge operating schedules to participants and spectators or nearby better facilitate orderly vehicle traffic transiting vessels. This area provides RIN 1625–AA09 flow across the Flagler Memorial, Royal Park and Southern Boulevard bridges separation between the Race Area and Drawbridge Operation Regulation; when the President of the United States, Spectator Area or other vessels that are Atlantic Intracoastal Waterway, Palm members of the First Family, or other operating in the vicinity of the regulated Beach, FL area defined in paragraph (b)(1) of this persons under the protection of the section. Only participants and official AGENCY: Coast Guard, DHS. Secret Service visit Mar-a-Lago. patrol vessels are allowed to enter the ACTION: Notice of proposed rulemaking. On August 17, 2017, the Coast Guard Buffer Zone. published a notice of deviation from (6) The Spectator Area is an area SUMMARY: The Coast Guard proposes to drawbridge regulation with request for described by a line bounded by modify the operating schedule that comments in the Federal Register (82 coordinates provided in latitude and governs the operation of the Flagler FR 39019) to test proposed changes. longitude that outlines the boundary of Memorial (SR A1A) Bridge, mile 1021.8, Three Comments were received during a spectator area within the regulated the Royal Park (SR 704) Bridge, mile the test period, which were in favor of area defined in paragraph (b)(4) of this 1022.6, and the Southern Boulevard (SR the regulation changes.

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The Flagler Memorial (SR A1A) IV. Regulatory Analyses Under section 213(a) of the Small Bridge, mile 1021.8, across the AICW We developed this proposed rule after Business Regulatory Enforcement (Lake Worth Lagoon) at West Palm considering numerous statutes and Fairness Act of 1996 (Pub. L. 104–121), Beach, Florida is a double-leaf bascule Executive Orders related to rulemaking. we want to assist small entities in bridge that has a vertical clearance of 22 Below we summarize our analyses understanding this proposed rule. If the feet at mean high water in the closed based on these statutes and Executive rule would affect your small business, position. The Royal Park (SR 704) Orders and we discuss First organization, or governmental Bridge, mile 1022.6, across the AICW Amendment rights of protestors. jurisdiction and you have questions (Lake Worth Lagoon) at West Palm concerning its provisions or options for Beach, Florida is a double-leaf bascule A. Regulatory Planning and Review compliance, please contact the person bridge that has a vertical clearance of 21 Executive Orders 12866 and 13563 listed in the FOR FURTHER INFORMATION feet at mean high water in the closed direct agencies to assess the costs and CONTACT, above. The Coast Guard will position. The Southern Boulevard (SR benefits of available regulatory not retaliate against small entities that 700/80) Bridge, mile 1024.7, across the alternatives and, if regulation is question or complain about this AICW (Lake Worth Lagoon) at West necessary, to select regulatory proposed rule or any policy or action of Palm Beach, Florida is under approaches that maximize net benefits. the Coast Guard. construction, a temporary lift bridge is Executive Order 13771 directs agencies C. Collection of Information in place that has a vertical clearance of to control regulatory costs through a 14 feet at mean high water in the closed budgeting process. This NPRM has not This proposed rule would call for no position and a 65 foot vertical clearance been designated a ‘‘significant new collection of information under the in the open position. The existing regulatory action,’’ under Executive Paperwork Reduction Act of 1995 (44 regulations are published in 33 CFR Order 12866. Accordingly, the NPRM U.S.C. 3501–3520.). 117.261(u), Flagler Memorial Bridge, has not been reviewed by the Office of D. Federalism and Indian Tribal § 117.261(v) Royal Park Bridge and Management and Budget (OMB) and Government § 117.261(w) Southern Boulevard pursuant to OMB guidance it is exempt Bridge. from the requirements of Executive A rule has implications for federalism under Executive Order 13132, III. Discussion of Proposed Rule Order 13771. This regulatory action determination Federalism, if it has a substantial direct These modified regulations are is based on the ability that vessels able effect on the States, on the relationship necessary to alleviate vehicle traffic to pass through the Flagler Memorial between the national government and congestion when the President of the and Royal Park Bridges in the closed the States, or on the distribution of United States, members of the First position may do so at anytime. The power and responsibilities among the Family, or other persons under the bridges will be able to open for various levels of government. We have protection of the Secret Service visit emergencies. The Southern Boulevard analyzed this proposed rule under that Mar-a-Lago. The increase in traffic Bridge will be under the control of the Order and have determined that it is congestion occurs when the proposed on-scene designated representative. consistent with the fundamental Presidential Security Zone (see 82 FR federalism principles and preemption 28036) is enforced which closes the B. Impact on Small Entities requirements described in Executive Southern Boulevard Bridge when the The Regulatory Flexibility Act of 1980 Order 13132. presidential motorcade is in transit. (RFA), 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have This action requires through traffic to requires federal agencies to consider the tribal implications under Executive use the Flagler Memorial and Royal Park potential impact of regulations on small Order 13175, Consultation and Bridges. entities during rulemaking. The term Coordination with Indian Tribal This NPRM proposes the same ‘‘small entities’’ comprises small Governments, because it would not have schedule as during the temporary businesses, not-for-profit organizations a substantial direct effect on one or deviation. The Flagler Memorial Bridge that are independently owned and more Indian tribes, on the relationship is allowed to remain closed to operated and are not dominant in their between the Federal Government and navigation from 2:15 p.m. to 5:30 p.m. fields, and governmental jurisdictions Indian tribes, or on the distribution of with the exception of a once an hour with populations of less than 50,000. power and responsibilities between the opening at 2:15 p.m., 3:15 p.m., 4:15 The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. p.m. and 5:15 p.m., weekdays only, if 605(b) that this proposed rule would not If you believe this proposed rule has vessels are requesting an opening. The have a significant economic impact on implications for federalism or Indian Royal Park Bridge is allowed to remain a substantial number of small entities. tribes, please contact the person listed closed to navigation from 2:15 p.m. to While some owners or operators of in the FOR FURTHER INFORMATION 5:30 p.m. with the exception of a once vessels intending to transit the bridges CONTACT section above. an hour opening at 2:30 p.m., 3:30 p.m., may be small entities, for the reasons 4:30 p.m. and 5:30 p.m., weekdays only, stated in section IV.A above this E. Unfunded Mandates Reform Act if vessels are requesting an opening. At proposed rule may impact but would The Unfunded Mandates Reform Act all other times the bridges will operate not have a significant economic impact of 1995 (2 U.S.C. 1531–1538) requires per their normal schedules. on any vessel owner or operator. Federal agencies to assess the effects of The operating schedule of the If you think that your business, their discretionary regulatory actions. In Southern Boulevard Bridge, which is organization, or governmental particular, the Act addresses actions closest to Mar-a-Lago, will be allowed to jurisdiction qualifies as a small entity that may result in the expenditure by a remain closed to navigation whenever and that this rule would have a State, local, or tribal government, in the the presidential motorcade is in transit. significant economic impact on it, aggregate, or by the private sector of At all other times the bridge shall open please submit a comment (see $100,000,000 (adjusted for inflation) or on the quarter and three-quarter hour, or ADDRESSES) explaining why you think it more in any one year. Though this as directed by the on-scene designated qualifies and how and to what degree proposed rule will not result in such an representative. this rule would economically affect it. expenditure, we do discuss the effects of

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this proposed rule elsewhere in this provided. For more about privacy and uninterrupted transit of dignitaries preamble. the docket, visit http:// across the bridge. At all other times the www.regulations.gov/privacynotice. bridge shall open on the quarter and F. Environment Documents mentioned in this NPRM three-quarter hour, or as directed by the We have analyzed this proposed rule as being available in this docket and all on-scene designated representative. under Department of Homeland public comments, will be in our online * * * * * Security Directive 023–01, which guides docket at http://www.regulations.gov the Coast Guard in complying with the and can be viewed by following that Dated: April 30, 2018. National Environmental Policy Act of website’s instructions. Additionally, if Peter J. Brown, 1969 (42 U.S.C. 4321–4370f), and have you go to the online docket and sign up Rear Admiral, U.S. Coast Guard, Commander, made a preliminary determination that for email alerts, you will be notified Seventh Coast Guard District. this action is one of a category of actions when comments are posted or a final [FR Doc. 2018–10808 Filed 5–18–18; 8:45 am] that do not individually or cumulatively rule is published. BILLING CODE 9110–04–P have a significant effect on the human environment. This proposed rule List of Subjects in 33 CFR Part 117 involves the operating regulations or Bridges. DEPARTMENT OF HOMELAND procedures for drawbridges. Normally For the reasons discussed in the SECURITY such actions are categorically excluded preamble, the Coast Guard proposes to Coast Guard from further review under paragraph amend 33 CFR part 117 as follows: L49 of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, PART 117—DRAWBRIDGE 33 CFR Part 165 Rev. 01. A preliminary Record of OPERATION REGULATIONS Environmental Consideration and a [Docket Number USCG–2018–0183] Memorandum for the Record are not ■ 1. The authority citation for part 117 required for this proposed rule. We seek continues to read as follows: RIN 1625–AA11 any comments or information that may Authority: 33 U.S.C. 499; 33 CFR 1.05–1; lead to the discovery of a significant Department of Homeland Security Delegation Safety Zone; Philippine Sea, Rota No. 0170.1. environmental impact from this AGENCY: Coast Guard, DHS. proposed rule. ■ 2. Amend § 117.261 by revising ACTION: Notice of proposed rulemaking. G. Protest Activities paragraphs (u), (v), and (w) to read as follows: SUMMARY: The Coast Guard proposes to The Coast Guard respects the First establish a temporary safety zone for Amendment rights of protesters. § 117.261 Atlantic Intracoastal Waterway from St. Marys River to Key Largo. certain waters off of the Port of Rota. Protesters are asked to contact the The Coast Guard believes this safety FOR FURTHER person listed in the * * * * * zone is necessary to protect all divers INFORMATION CONTACT section to (u) Flagler Memorial (SR A1A) Bridge, participating in this underwater military coordinate protest activities so that your mile 1021.8, at West Palm Beach. exercise from potential safety hazards message can be received without (1) The draw shall open on the quarter associated with vessel traffic in the area. jeopardizing the safety or security of and three-quarter hour. This proposed rulemaking would (2) When the security zone is people, places or vessels. prohibit persons and vessels not enforced, the draw is allowed to remain V. Public Participation and Request for involved in the exercise from being in closed to navigation from 2:15 p.m. to Comments the safety zone unless authorized by the 5:30 p.m. with the exception of a once Captain of the Port Guam (COTP) or a We view public participation as an hour opening at 2:15 p.m., 3:15 p.m., designated representative. We invite essential to effective rulemaking, and 4:15 p.m. and 5:15 p.m., weekdays only, your comments on this proposed will consider all comments and material if vessels are requesting an opening. At rulemaking. received during the comment period. all other times the draw shall open on Your comment can help shape the the quarter and three-quarter hour. DATES: Comments and related material outcome of this rulemaking. If you (v) Royal Park (SR 704) Bridge, mile must be received by the Coast Guard on submit a comment, please include the 1022.6, at West Palm Beach. or before June 20, 2018. docket number for this rulemaking, (1) The draw shall open on the hour ADDRESSES: You may submit comments indicate the specific section of this and half-hour. identified by docket number USCG– document to which each comment (2) When the security zone is 2018–0183 using the Federal applies, and provide a reason for each enforced, the draw is allowed to remain eRulemaking Portal at http:// suggestion or recommendation. closed to navigation from 2:15 p.m. to www.regulations.gov. See the ‘‘Public We encourage you to submit 5:30 p.m. with the exception of a once Participation and Request for comments through the Federal an hour opening at 2:30 p.m., 3:30 p.m., Comments’’ portion of the eRulemaking Portal at http:// 4:30 p.m. and 5:30 p.m., weekdays only, SUPPLEMENTARY INFORMATION section for www.regulations.gov. If your material if vessels are requesting an opening. At further instructions on submitting cannot be submitted using http:// all other times the draw shall open on comments. www.regulations.gov, contact the person the hour and half-hour. in the FOR FURTHER INFORMATION (w) Southern Boulevard (SR 700/80) FOR FURTHER INFORMATION CONTACT: If CONTACT section of this document for Bridge, mile 1024.7, at West Palm you have questions about this proposed alternate instructions. Beach. rulemaking, call or email Chief Todd We accept anonymous comments. All (1) The draw shall open on the quarter Wheeler, Sector Guam Waterways comments received will be posted and three-quarter hour. Management Division, U.S. Coast without change to http:// (2) When the security zone is Guard; telephone 671–355–4866, email www.regulations.gov and will include enforced, the draw may be closed [email protected]. any personal information you have without advanced notice to permit SUPPLEMENTARY INFORMATION:

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I. Table of Abbreviations Vessel traffic would be able to safely between the national government and CFR Code of Federal Regulations transit around this safety zone. the States, or on the distribution of DHS Department of Homeland Security Moreover, the Coast Guard would issue power and responsibilities among the FR Federal Register a Broadcast Notice to Mariners via various levels of government. We have NPRM Notice of proposed rulemaking VHF–FM marine channel 16 about the analyzed this proposed rule under that § Section zone, and the rule would allow vessels Order and have determined that it is U.S.C. United States Code to seek permission to enter the zone. consistent with the fundamental federalism principles and preemption II. Background, Purpose, and Legal B. Impact on Small Entities Basis requirements described in Executive The Regulatory Flexibility Act of Order 13132. The purpose of this rulemaking is to 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have ensure the safety of divers in the water requires Federal agencies to consider tribal implications under Executive during an underwater military exercise the potential impact of regulations on Order 13175, Consultation and in support of the biennial Exercise small entities during rulemaking. The Coordination with Indian Tribal Valiant Shield from 6 p.m. on term ‘‘small entities’’ comprises small Governments, because it would not have September 16, 2018 to 6 a.m. on businesses, not-for-profit organizations a substantial direct effect on one or September 17, 2018. The Coast Guard that are independently owned and more Indian tribes, on the relationship proposes this rulemaking under operated and are not dominant in their between the Federal Government and authority in 33 U.S.C. 1231. fields, and governmental jurisdictions Indian tribes, or on the distribution of III. Discussion of Proposed Rule with populations of less than 50,000. power and responsibilities between the The Coast Guard certifies under 5 U.S.C. The COTP proposes to establish a Federal Government and Indian tribes. 605(b) that this proposed rule would not If you believe this proposed rule has safety zone from 6 p.m. on September have a significant economic impact on 16, 2018 to 6 a.m. on September 17, implications for federalism or Indian a substantial number of small entities. tribes, please contact the person listed 2018. The safety zone would cover all While some owners or operators of in the FOR FURTHER INFORMATION navigable waters two miles off of the vessels intending to transit the safety CONTACT section. Port of Rota. This safety zone is zone may be small entities, for the necessary to protect all divers reasons stated in section IV.A. above, E. Unfunded Mandates Reform Act participating in this underwater military this proposed rule would not have a The Unfunded Mandates Reform Act exercise from potential safety hazards significant economic impact on any associated with vessel traffic in the area. of 1995 (2 U.S.C. 1531–1538) requires vessel owner or operator. Federal agencies to assess the effects of This proposed rulemaking would If you think that your business, their discretionary regulatory actions. In prohibit persons and vessels not organization, or governmental particular, the Act addresses actions involved in the exercise from being in jurisdiction qualifies as a small entity that may result in the expenditure by a the safety zone unless authorized by the and that this rule would have a State, local, or tribal government, in the COTP or a designated representative. significant economic impact on it, aggregate, or by the private sector of The regulatory text we are proposing please submit a comment (see $100,000,000 (adjusted for inflation) or appears at the end of this document. ADDRESSES) explaining why you think it more in any one year. Though this qualifies and how and to what degree IV. Regulatory Analyses proposed rule would not result in such this rule would economically affect it. We developed this proposed rule after Under section 213(a) of the Small an expenditure, we do discuss the considering numerous statutes and Business Regulatory Enforcement effects of this rule elsewhere in this Executive orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), preamble. Below we summarize our analyses we want to assist small entities in F. Environment based on a number of these statutes and understanding this proposed rule. If the Executive orders and we discuss First rule would affect your small business, We have analyzed this proposed rule Amendment rights of protestors. organization, or governmental under Department of Homeland Security Directive 023–01, which guides A. Regulatory Planning and Review jurisdiction and you have questions concerning its provisions or options for the Coast Guard in complying with the Executive Orders 12866 and 13563 compliance, please contact the person National Environmental Policy Act of direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION 1969 (42 U.S.C. 4321–4370f), and have benefits of available regulatory CONTACT section. The Coast Guard will made a preliminary determination that alternatives and, if regulation is not retaliate against small entities that this action is one of a category of actions necessary, to select regulatory question or complain about this that do not individually or cumulatively approaches that maximize net benefits. proposed rule or any policy or action of have a significant effect on the human Executive Order 13771 directs agencies the Coast Guard. environment. This proposed rule to control regulatory costs through a involves a safety zone vessel traffic budgeting process. This NPRM has not C. Collection of Information would be able to safely transit around. been designated a ‘‘significant This proposed rule would not call for Normally such actions are categorically regulatory action,’’ under Executive a new collection of information under excluded from further review under Order 12866. Accordingly, the NPRM the Paperwork Reduction Act of 1995 paragraph L60(c) of Appendix A, Table has not been reviewed by the Office of (44 U.S.C. 3501–3520). 1 of DHS Instruction Manual 023–01– Management and Budget (OMB), and 001–01, Rev. 01. A preliminary Record pursuant to OMB guidance it is exempt D. Federalism and Indian Tribal of Environmental Consideration from the requirements of Executive Governments supporting this determination is Order 13771. A rule has implications for federalism available in the docket where indicated This regulatory action determination under Executive Order 13132, under ADDRESSES. We seek any is based on the size, location, duration, Federalism, if it has a substantial direct comments or information that may lead and time-of-day of the safety zone. effect on the States, on the relationship to the discovery of a significant

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environmental impact from this PART 165—REGULATED NAVIGATION ACTION: Proposed rule. proposed rule. AREAS AND LIMITED ACCESS AREAS SUMMARY: The Environmental Protection G. Protest Activities ■ 1. The authority citation for part 165 Agency (EPA) is proposing to approve continues to read as follows: elements of the State Implementation The Coast Guard respects the First Plan (SIP) submission from New Jersey Amendment rights of protesters. Authority: 33 U.S.C. 1231; 50 U.S.C. 191; regarding the infrastructure Protesters are asked to contact the 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation requirements of section 110 of the Clean person listed in the FOR FURTHER No. 0170.1. Air Act (CAA) for the 2012 annual fine INFORMATION CONTACT section to ■ particulate matter (PM2.5) National coordinate protest activities so that your 2. Add § 165.T14–0183 to read as follows: Ambient Air Quality Standard (NAAQS message can be received without or standard). The infrastructure jeopardizing the safety or security of § 165.T14–0183 Safety Zone; Philippine requirements are designed to ensure that people, places, or vessels. Sea, Rota. the structural components of each state’s air quality management program V. Public Participation and Request for (a) Location. The following area is a safety zone: All waters off of the Port of are adequate to meet the state’s Comments Rota, from surface to bottom, responsibilities under the CAA. This We view public participation as encompassed by a line connecting the action pertains specifically to ° ′ ″ essential to effective rulemaking, and following points beginning at 14 08 07 infrastructure requirements concerning ° ′ ″ ° ′ ″ will consider all comments and material N, 145 08 00 E, thence to 14 08 53 N, interstate transport provisions. ° ′ ″ ° ′ ″ received during the comment period. 145 06 51 E, thence to 14 09 12 N, DATES: Comments must be received on 145°07′13″ E, thence to 14°08′16″ N, or before June 20, 2018. Your comment can help shape the ° ′ ″ outcome of this rulemaking. If you 145 08 08 E, and along the shore line ADDRESSES: Submit your comments, submit a comment, please include the back to the beginning point. These identified by Docket ID Number EPA– coordinates are based on NAD 1983. docket number for this rulemaking, R02–OAR–2018–0237 at http:// (b) Regulations. (1) The general indicate the specific section of this www.regulations.gov. Follow the online regulations governing safety zones document to which each comment instructions for submitting comments. contained in § 165.23 apply. This rule Once submitted, comments cannot be applies, and provide a reason for each prohibits persons and vessels not edited or removed from Regulations.gov. suggestion or recommendation. involved in the exercise from being in The EPA may publish any comment We encourage you to submit the safety zone unless authorized by the received to its public docket. Do not comments through the Federal Captain of the Port (COTP) Guam or a submit electronically any information eRulemaking Portal at http:// designated representative. you consider to be Confidential www.regulations.gov. If your material (2) To seek permission to enter, Business Information (CBI) or other cannot be submitted using http:// contact the COTP Guam or the COTP’s information whose disclosure is www.regulations.gov, contact the person representative by VHF channel 16 or by restricted by statute. Multimedia in the FOR FURTHER INFORMATION telephone at 671–355–4821. Those in submissions (audio, video, etc.) must be CONTACT section of this document for the safety zone must comply with all accompanied by a written comment. alternate instructions. lawful orders or directions given to The written comment is considered the them by the COTP or the COTP’s official comment and should include We accept anonymous comments. All designated representative. discussion of all points you wish to comments received will be posted (c) Enforcement period. This section make. The EPA will generally not without change to http:// will be enforced from 6 p.m. on consider comments or comment www.regulations.gov and will include September 16, 2018 to 6 a.m. on contents located outside of the primary any personal information you have September 17, 2018. submission (i.e., on the web, cloud, or provided. For more about privacy and Dated: April 30, 2018. other file sharing system). For the docket, visit http:// additional submission methods, the full www.regulations.gov/privacyNotice. Christopher M. Chase, Captain, U.S. Coast Guard, Captain of the EPA public comment policy, Documents mentioned in this NPRM Port Guam. information about CBI or multimedia as being available in the docket, and all [FR Doc. 2018–10819 Filed 5–18–18; 8:45 am] submissions, and general guidance on making effective comments, please visit public comments, will be in our online BILLING CODE 9110–04–P docket at http://www.regulations.gov http://www2.epa.gov/dockets/ and can be viewed by following that commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: website’s instructions. Additionally, if ENVIRONMENTAL PROTECTION Kenneth Fradkin, Environmental you go to the online docket and sign up AGENCY for email alerts, you will be notified Protection Agency, 290 Broadway, New when comments are posted or a final 40 CFR Part 52 York, New York 10007–1866, at (212) rule is published. 637–3702, or by email at [EPA–R02–OAR–2018–0237; FRL–9978– [email protected]. 39—Region 2] List of Subjects in 33 CFR Part 165 SUPPLEMENTARY INFORMATION: Harbors, Marine safety, Navigation Approval of Air Quality Implementation Throughout this document whenever (water), Reporting and recordkeeping Plans; New Jersey; Infrastructure SIP ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information requirements, Security measures, Requirements for the 2012 PM2.5 Waterways. NAAQS; Interstate Transport section is arranged as follows: Provisions I. What is the background of this SIP For the reasons discussed in the submission? preamble, the Coast Guard proposes to AGENCY: Environmental Protection II. What guidance is EPA using to evaluate amend 33 CFR part 165 as follows: Agency (EPA). this SIP submission?

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III. EPA’s Review NAAQS.2 In that rule, we considered has previously used to address interstate IV. What action is EPA taking? states linked to downwind receptors if transport, and provides EPA’s general V. Statutory and Executive Order Reviews they were projected to contribute more review of relevant modeling data and air I. What is the background of this SIP than the threshold amount (1 percent of quality projections as they relate to the submission? the standard) of PM2.5 pollution for the 2012 PM2.5 NAAQS. The 2016 1997 and 2006 PM2.5 NAAQS (76 FR memorandum provides information The EPA is proposing to approve 48208, 48239–43). The EPA has not relevant to EPA Regional office review elements of the State of New Jersey’s established a threshold amount for the of the CAA section 110(a)(2)(D)(i)(I) October 17, 2014 SIP submission, which 2012 PM2.5 NAAQS. ‘‘good neighbor’’ provision in addresses the section 110(a) EPA addressed interstate transport infrastructure SIPs with respect to the infrastructure requirements of the CAA provisions for the October 17, 2014 SIP 2012 PM2.5 NAAQS. This rulemaking for the following NAAQS: 2012 PM2.5, submittal concerning the Prevention of considers information provided in that 2008 ozone, 2008 lead, 2010 nitrogen Significant Deterioration (PSD) memorandum. dioxide (NO2), 2010 sulfur dioxide regulations and visibility protection In particular, the 2016 memorandum (SO2), 2011 carbon monoxide (CO), and (i.e., section 110(a)(2)(D)(i)(II)) for 2012 provides states and EPA Regional offices the 2006 particulate matter of 10 PM2.5, 2008 ozone, 2008 lead, 2010 NO2, with projected future year annual PM2.5 design values for monitors in the United microns or less (PM10). Specifically, this 2010 SO2, 2011 CO, and the 2006 PM10 rulemaking proposes to approve the NAAQS) on September 19, 2016.3 States based on quality assured and portion of the submission addressing EPA addressed the CAA section certified ambient monitoring data and the interstate transport provisions for 110(a)(2)(D)(i)(I) for the 2008 Ozone air quality modeling. The memorandum further describes how these projected the 2012 PM2.5 NAAQS under CAA NAAQS in the EPA’s update of the section 110(a)(2)(D)(i)(I), otherwise CSAPR rule in October 26, 2016 (81 FR potential design values can be used to known as the ‘‘good neighbor’’ 74504) but did not address New Jersey help determine which monitors should provision. as it had withdrawn 4 that portion of the be further evaluated to potentially October 17, 2014 SIP submittal. address whether emissions from other The requirement for states to make an The EPA will address the states significantly contribute to infrastructure SIP submission arises requirements of CAA sections nonattainment or interfere with from section 110(a)(1) of the CAA. 110(a)(2)(D)(i)(I) for the 2008 lead, 2010 maintenance of the 2012 PM2.5 NAAQS Pursuant to section 110(a)(1), states NO2, 2010 SO2, 2011 CO, and the 2006 at those sites. The 2016 memorandum must submit ‘‘within 3 years (or such PM10 NAAQS in a separate action. explains that the pertinent year for shorter period as the Administrator may evaluating air quality for purposes of prescribe) after the promulgation of a II. What guidance is EPA using to addressing interstate transport for the evaluate this SIP submission? national primary ambient air quality 2012 PM2.5 NAAQS is 2021, the standard (or any revision thereof),’’ a EPA highlighted the statutory attainment deadline for 2012 PM2.5 plan that provides for the requirement to submit infrastructure NAAQS nonattainment areas classified ‘‘implementation, maintenance, and SIPs within 3 years of promulgation of as Moderate. Accordingly, because the enforcement’’ of such NAAQS.1 The a new NAAQS in an October 2, 2007 available data included 2017 and 2025 statute directly imposes on states the guidance document entitled ‘‘Guidance projected average and maximum PM2.5 duty to make these SIP submissions, on SIP Elements Required Under design values calculated through the and the requirement to make the sections 110(a)(1) and (2) for the 1997 CAMx 5 photochemical model, the submissions is not conditioned upon 8-hour Ozone and PM2.5 National memorandum suggests approaches EPA taking any action other than Ambient Air Quality Standards’’ (2007 states might use to interpolate PM2.5 promulgating a new or revised NAAQS. guidance). EPA has issued additional values at sites in 2021.6 Section 110(a)(2) includes a list of guidance documents and memoranda, As explained in the 2016 specific elements that ‘‘[e]ach such including a September 13, 2013 memorandum, EPA used the plan’’ submission must address. EPA guidance document titled ‘‘Guidance on methodology used in the CSAPR rule to commonly refers to such state plans as Infrastructure State Implementation determine potential nonattainment and ‘‘infrastructure SIPs’’. Plan (SIP) Elements under Clean Air Act maintenance sites. ‘‘Nonattainment The EPA has addressed the interstate sections 110(a)(1) and 110(a)(2)’’ (2013 sites’’ refer to those sites that are transport requirements of CAA section guidance). projected to exceed the 2012 PM2.5 NAAQS of 12 micrograms per cubic 110(a)(2)(D)(i)(I) with respect to PM2.5 in The most recent relevant document 3 several prior regulatory actions. In 2011, was a memorandum published on meter (mg/m ) based on the average we promulgated the Cross-State Air March 17, 2016, titled ‘‘Information on future year design values. Those sites Pollution Rule (CSAPR), 76 FR 48208 the Interstate Transport ‘Good Neighbor’ that are projected to exceed the NAAQS (August 8, 2011), in order to address the Provision for the 2012 Fine Particulate 5 obligations of states—and of the EPA Matter National Ambient Air Quality Comprehensive Air Quality Model with Standards under Clean Air Act section extensions(CAMx). when states have not met their 6 Specifically, the 2016 Memorandum explains obligations—under CAA section 110(a)(2)(D)(i)(I)’’ (2016 memorandum). that one way to assess potential receptors for 2021 110(a)(2)(D)(i)(I) to prohibit air pollution The 2016 memorandum, which is is to assume that receptors projected to have contributing significantly to included in the docket of this average and/or maximum design values above the rulemaking, describes the approach EPA NAAQS in both 2017 and 2025 are also likely to nonattainment in, or interfering with be either nonattainment or maintenance receptors maintenance by, any other state with in 2021. Similarly, it may be reasonable to assume regard to several NAAQS, including the 2 Federal Implementation Plans; Interstate that receptors that are projected to attain the Transport of Fine Particulate Matter and Ozone and NAAQS in both 2017 and 2025 are also likely to 1997 annual and 2006 24-hour PM2.5 Correction of SIP Approvals, 76 FR 48207 (August be attainment receptors in 2021. Where a potential 8, 2011) (codified as amended at 40 CFR 52.38 and receptor is projected to be nonattainment or 1 On December 14, 2012 (78 FR 3086), the EPA 52.39 and 40 CFR part 97). maintenance in 2017, but projected to be attainment 3 promulgated a revised primary NAAQS for PM2.5 81 FR 64070 (September 19, 2016). in 2025, further analysis of the emissions and for the annual standard. The revised standard was 4 EPA issued a finding to New Jersey for failure modeling may be needed to make a further set at the level of 12 mg/m3. to submit on June 15, 2016 (81 FR 38963). judgement regarding the receptor status in 2021.

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based on the maximum future year design values are referred to as ‘‘maintenance’’ sites.

TABLE 1—PROJECTED NONATTAINMENT AND MAINTENANCE SITES FOR THE 2012 PM2.5 NAAQS IN 2017 AND 2025

2017 avg 2017 max 2025 avg 2025 max design design design design Projected 2017 Projected 2025 Monitor ID State County value value value value attainment status attainment status (μg/m 3) (μg/m 3) (μg/m 3) (μg/m 3)

60190011 ...... California ...... Fresno ...... 13.69 14.36 13.09 13.72 Nonattainment...... Nonattainment. 60195001 ...... California ...... Fresno ...... 15.43 15.9 14.9 15.36 Nonattainment...... Nonattainment. 60195025 ...... California ...... Fresno ...... 13.43 13.75 12.94 13.22 Nonattainment...... Nonattainment. 60250005 ...... California ...... Imperial ...... 14.19 14.32 14.83 14.97 Nonattainment...... Nonattainment. 60290014 ...... California ...... Kern ...... 14.24 14.85 13.78 14.37 Nonattainment...... Nonattainment. 60290106 ...... California ...... Kern ...... 15.4 16.43 14.94 15.93 Nonattainment...... Nonattainment. 60311004 ...... California ...... Kings ...... 15.38 16.01 14.82 15.4 Nonattainment...... Nonattainment. 60371002 ...... California ...... Los Angeles ...... 11.6 12.25 11.42 12.07 Maintenance ...... Maintenance. 60392010 ...... California ...... Madera ...... 17.37 17.62 16.9 17.14 Nonattainment...... Nonattainment. 60470003 ...... California ...... Merced ...... 13.84 15.27 13.52 14.92 Nonattainment...... Nonattainment. 60658001 ...... California ...... Riverside ...... 12.25 12.74 11.99 12.47 Nonattainment...... Maintenance. 60658005 ...... California ...... Riverside ...... 13.89 14.41 13.63 14.15 Nonattainment...... Nonattainment. 60990006 ...... California ...... Stanislaus ...... 14.44 14.79 13.97 14.31 Nonattainment...... Nonattainment. 60990005 ...... California ...... Stanislaus ...... 12.5 12.84 12.03 12.34 Nonattainment...... Maintenance. 60710025 ...... California ...... San Bernardino ...... 11.79 12.35 11.61 12.15 Maintenance ...... Maintenance. 60771002 ...... California ...... San Joaquin ...... 11.49 13.09 11.16 12.71 Maintenance ...... Maintenance. 61072002 ...... California ...... Tulare ...... 14.63 15.6 14.06 14.96 Nonattainment...... Nonattainment. 160790017 ...... Idaho ...... Shoshone ...... 12.01 12.43 11.8 12.22 Maintenance...... Maintenance. 420030064 ...... Pennsylvania ...... Allegheny ...... 11.67 12.16 11.18 11.65 Maintenance...... Attainment.

Where EPA had sufficient data to portions of Florida, Illinois, Idaho, 110(a)(2)(D)(i)(I) (i.e., prongs 1 and 2) for complete its air quality modeling, EPA’s Tennessee and Kentucky. Data quality the 2012 PM2.5 NAAQS. analysis showed that, except for one problems were since resolved for Idaho, In several previous rulemakings, EPA monitoring site in Allegheny County, Tennessee, Kentucky and portions of has developed and consistently applied Pennsylvania, monitors in the eastern Florida, identifying no additional a framework for addressing the prong 1 United States were expected to both potential receptors, with those areas and 2 interstate transport requirements attain and maintain the 2012 PM2.5 having design values below the 2012 with respect to the PM2.5 NAAQS. That NAAQS in both 2017 and 2025. EPA PM2.5 NAAQS and expected to maintain framework has four basic steps, notes that, as further discussed below, the NAAQS due to downward emission including: (1) Identifying downwind EPA’s modeling analysis was trends for NOX and SO2 (www.epa.gov/ receptors that are expected to have inconclusive for monitoring sites with air-trends/air-quality-design-values and problems attaining or maintaining the incomplete data. www.epa.gov/air-emissions-inventories/ NAAQS; (2) identifying which upwind The modeling results provided in the air-pollutant-emissions-trends-data). As states contribute to these identified 2016 memorandum also show that out of May 2018, the areas that still have problems in amounts sufficient to of seven PM2.5 monitors located in data quality issues preventing warrant further review and analysis; (3) Allegheny County, Pennsylvania, only projections of nonattainment and for states identified as contributing to one monitor (ID number 420030064) is maintenance receptors are all of Illinois downwind air quality problems, expected to be above the 2012 PM2.5 and four counties in Florida. EPA notes identifying upwind emissions NAAQS in 2017. that preliminary design values for the reductions necessary to prevent an Further, that monitor (ID number four counties in Florida for the most upwind state from significantly 420030064 or Liberty monitor) is recent period (2015–2017) have been contributing to nonattainment or projected to be above the NAAQS only preliminary deemed complete, and are interfering with maintenance of the under the model’s maximum projected well below the 2012 PM2.5 NAAQS. This NAAQS downwind; and (4) for states conditions (used in EPA’s interstate is further discussed in section III below. that are found to have emissions that transport framework to identify significantly contribute to maintenance receptors), and is projected III. EPA’s Review nonattainment or interfere with to both attain and maintain the NAAQS This rulemaking proposes action on maintenance of the NAAQS downwind, (along with all Allegheny County the portion of New Jersey’s October 17, reducing the identified upwind monitors) in 2025. The memorandum 2014 SIP submission addressing the emissions through adoption of therefore indicates that under such a ‘‘good neighbor’’ provision requirements permanent and enforceable measures. condition (where EPA’s photochemical of CAA section 110(a)(2)(D)(i)(I), which This framework was most recently modeling indicates an area will attain include: applied with respect to PM2.5 in the the 2012 PM2.5 NAAQS in 2025 but not —Prohibiting any source or other type CSAPR rule, designed to address both attain or maintain in 2017) further of emissions activity in one state from the 1997 and 2006 PM2.5 standards, as analysis of the site should be performed contributing significantly to well as the 1997 ozone standard. to determine if the site may be a nonattainment of the NAAQS in another A. New Jersey’s Submittal nonattainment or maintenance receptor state (otherwise known as prong 1); in 2021 (the attainment deadline for —Prohibiting any source or other type New Jersey’s October 2014 SIP moderate PM2.5 areas). of emissions activity in one state from submittal includes its SIP-approved The 2016 Memorandum did note that interfering with maintenance of the New Jersey regulations and control because of data quality problems, NAAQS in another state (prong 2). measures that the State has nonattainment and maintenance This rulemaking is evaluating the implemented to address the interstate projections were not done for all or October 17, 2014 submission, specific to transport of air pollutants for criteria

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pollutants, including the 2012 PM2.5 more stringent than similar rules in As stated above, ‘‘Step 2’’ is the NAAQS. New Jersey regulations and nearby states. The complete list of New identification of states contributing to control measures that have reduced Jersey regulations and control measures downwind nonattainment and PM2.5, as well as SO2, NOX, and Volatile can be found in the October 2014 SIP maintenance receptors, such that further Organic Carbon (VOC) precursor submittal, which is included in the analysis is required to identify emissions include: docket of this rulemaking. necessary upwind reductions. For this —New Jersey’s low sulfur fuel oil rule, New Jersey noted that the neighboring step, we will be specifically determining New Jersey Administrative Code states of New York and Delaware do not if New Jersey emissions contribute to (N.J.A.C.) 7:27–9 7, Sulfur in Fuels, have any PM2.5 nonattainment areas. downwind nonattainment and reduces SO2 emissions by reducing Additionally, New Jersey indicated that maintenance receptors. the sulfur content of fuel oils used the State of Pennsylvania, in its area For the 1997 and 2006 PM2.5 NAAQS, throughout the State, including fuel designation recommendations 10 to EPA we have used air quality modeling and oil-fired electric generating units for the 2012 PM2.5 NAAQS, determined an air quality threshold of one percent (EGUs), home heating, and industrial that nonattainment in the State was of the PM2.5 NAAQS to link contributing and commercial boilers. The sulfur caused by local, not regional sources. states to projected nonattainment or content of all distillate fuel oils (#2 New Jersey completed its technical maintenance receptors (76 FR 48237, fuel oil and lighter) was lowered to analysis before EPA issued the 2016 August 8, 2011). That is, if an upwind 500 parts per million (ppm) beginning Memorandum, which, as discussed state contributes less than the one on July 1, 2014; and further limited to earlier, included modeling projections percent screening threshold to a 15 ppm beginning on July 1, 2016. for 2017 and 2025 annual PM2.5 design downwind nonattainment or Beginning July 1, 2014, the sulfur values meant to assist states in maintenance receptor, we determine content for #4 fuel oil was lowered to implementation of their 2012 PM2.5 that the state is not ‘‘linked’’ and 2,500 ppm; and #6 fuel oil was NAAQS interstate transport SIPs. As therefore does not significantly lowered to a range of 3,000 to 5,000 discussed below, however, EPA’s contribute to nonattainment or ppm sulfur content; review of New Jersey’s submittal maintenance problems at that receptor. —Coal-fired power plants in New Jersey nevertheless concludes that EPA’s We have not set an air quality threshold control SO2 emissions by use of modeling projections regarding for the 2012 PM2.5 NAAQS and we do scrubbers to comply with adopted projected future nonattainment and not have air quality modeling showing SO2 rules including stringent, new maintenance areas as indicated in the contributions to projected short-term SO2 emission limits (i.e., 2016 memorandum, past EPA nonattainment or maintenance receptors N.J.A.C. 7:27–10.2 8, effective start contribution modeling performed for for this NAAQS. date for new emission rates was CSAPR, and certified annual PM The EPA believes that a proper and 2.5 well-supported weight of evidence December 2012; design values recorded since New 9 approach can provide sufficient —N.J.A.C. 7:27–19.29 , EGU- High Jersey’s submittal confirm New Jersey’s information for purposes of addressing Electric Demand Day (HEDD), require analysis that the State has adequately transport with respect to the 2012 PM advanced NOX emission controls for addressed the interstate transport 2.5 annual NAAQS. We rely on the CSAPR EGU’s that operate on HEDD days; requirements of CAA 110(a)(2)(D)(i)(I). New Jersey estimated its NOX air quality modeling conducted for reasonably available control B. EPA Analysis purposes of evaluating upwind state technology (RACT) rules would As stated above, EPA has developed impacts on downwind air quality with

reduce NOX emissions by 64 tons per a four-step approach for addressing the respect to the 1997 annual PM2.5 m 3 day on HEDD days beginning with the prong one and two interstate transport NAAQS of 15 g/m (as well as the 2006 24-hour PM NAAQS, and 1997 Ozone 2015 summer ozone season; and requirements with respect to the PM 2.5 2.5 NAAQS). Although not conducted for —New Jersey has a statewide enhanced NAAQS. The first step is the purposes of evaluating the 2012 annual motor vehicle program that ensures identification of potential downwind PM NAAQS, this modeling can inform New Jersey has adopted the motor nonattainment and maintenance 2.5 our analysis regarding both the general vehicle standards adopted by receptors. EPA identified potential magnitude of downwind PM impacts California to ensure that only the nonattainment and/or maintenance 2.5 lowest emitting vehicles available are and the downwind distance in which areas in the 2016 memorandum (see sold in New Jersey states may contribute to receptors with section II, Table 1, above). Most of the respect to the 2012 annual PM New Jersey has indicated that it has potential receptors are in California, 2.5 addressed the interstate transport NAAQS of 12 mg/m3. If the same 1% located in the San Joaquin Valley or contribution threshold used in CSAPR requirements of CAA 110(a)(2)(D)(i)(I) South Coast nonattainment areas. There by implementing effective rules to for the 1997 and 2006 PM2.5 NAAQS is also one potential receptor in applied to the 2012 PM NAAQS, we control sources that may significantly Shoshone County, Idaho, and one 2.5 contribute to nonattainment of a could consider the fact that a state’s potential receptor in Allegheny County, impact was below that value (that is, NAAQS in another state, and therefore Pennsylvania. In addition, as noted in addressed New Jersey’s downwind 0.12 mg/m3). We also note that New section II to account for data quality Jersey’s submittal, described above, contributions from New Jersey sources. limitations, EPA also considers New Jersey has also indicated that they relies on several factors to support a potential receptors to include all of finding that emissions from New Jersey have no rules that interfere with the Illinois and Miami-Dade, Gilchrist, ability of another state to maintain sources do not significantly contribute Broward, and Alachua Counties in to nonattainment, or interfere with attainment of any ambient air quality Florida. standard in that state. New Jersey noted maintenance of, the 2012 PM2.5 NAAQS that its rules to control air emissions are in downwind states. 10 Commonwealth of Pennsylvania, Final We note that no single piece of Designation Recommendations for the 2012 PM2.5 7 EPA approval on January 3,2012(77 FR 19). Standard, available at http://www.dep.state.pa.us/ information is by itself dispositive of the 8 EPA approval on August 3,2010(75 FR 45483). dep/deputate/airwaste/aq/attain/pm25des/Final_ issue. Instead, the total weight of all the 9 EPA approval on August 3,2010 (75 FR 45483). Designation_Recommendations.pdf. evidence taken together is used to

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evaluate significant contributions to with maintenance of the 2012 PM2.5 prohibiting any source or other type of nonattainment or interference with NAAQS for Allegheny County, emissions activity from contributing maintenance of the 2012 PM2.5 NAAQS Pennsylvania. significantly to nonattainment in or in another state. interfering with maintenance of the Miami/Dade, Gilchrist, Broward, Each of the potential receptors is NAAQS in another state, steps 3 and 4 Alachua Counties, Florida discussed below, with a more in-depth of this evaluation are not necessary. discussion provided in the Technical In the CSAPR modeling analysis, In conclusion, based on our review of Support Document (TSD) for this notice. Florida did not have any potential the potential receptors presented in the For additional information, links to the nonattainment or maintenance receptors 2016 memorandum, an evaluation documents relied upon for this analysis identified for the 1997 or 2006 PM2.5 identifying likely emission sources can be found throughout the document, NAAQS. At this time, it is anticipated affecting these potential receptors, more information is available in the that this trend will continue. distance considerations, and the 2012 TSD and the documents can be found in As mentioned earlier in this section, base case modeling in the CSAPR final the docket for this action. as there are ambient monitoring data rule, we propose to determine that gaps in the 2009–2013 data that could emissions from New Jersey sources will California and Idaho have been used to identify potential not contribute significantly to Based on distance considerations PM2.5 nonattainment and maintenance nonattainment in or interfere with alone, New Jersey can be ruled out as a receptors for Miami/Dade, Gilchrist, maintenance by, any other state with Broward and Alachua counties in potential contributor to downwind regard to the 2012 annual PM2.5 nonattainment and maintenance Florida, the modeling analysis of NAAQS. receptors in California and Idaho. The potential receptors was not complete for nearest of these receptors (Shoshone these counties. However, EPA notes that IV. What action is EPA taking? County, Idaho) is over 1,800 miles from the most recent ambient data (2015– EPA is proposing to approve the New Jersey. Accordingly, EPA proposes 2017) for these counties has been portion of New Jersey’s October 17, to find that New Jersey will not preliminarily deemed complete and 2014 SIP submission addressing the significantly contribute to indicates design values well below the interstate transport provisions for the nonattainment or interfere with level of the 2012 PM2.5 NAAQS. This is 2012 PM2.5 NAAQS under CAA section maintenance of the 2012 PM2.5 NAAQS also consistent with historical data: 110(a)(2)(D)(i)(I). in California and Idaho. Complete and valid design values in the 2006–2008, 2007–2009, and/or 2008– V. Statutory and Executive Order Allegheny County, Pennsylvania 2010 periods for these counties were Reviews As discussed in the TSD for this well below the 2012 PM2.5 NAAQS. In Under the CAA, the Administrator is rulemaking, EPA has analyzed New addition, the highest preliminary value required to approve a SIP submission 3 Jersey’s PM2.5 emissions and/or PM2.5 for these observed monitors is 7.5 mg/m that complies with the provisions of the precursors, and found that they do not at a Miami-Dade County monitor (ID CAA and applicable Federal regulations. significantly impact the Allegheny 120861016). For these reasons, we find 42 U.S.C. 7410(k); 40 CFR 52.02(a). County, Pennsylvania (Liberty monitor) that none of the counties in Florida with Thus, in reviewing SIP submissions, potential maintenance receptor. In our monitoring gaps between 2009–2013 EPA’s role is to approve state choices, analysis we found that there were strong should be considered either provided that they meet the criteria of local influences throughout Allegheny nonattainment or maintenance receptors the CAA. Accordingly, this action County and contributions from nearby for the 2012 PM2.5 NAAQS. Therefore, merely approves state law as meeting states that contributed to its we propose that New Jersey will not Federal requirements and does not nonattainment for both the 1997 and significantly contribute to impose additional requirements beyond 2006 PM2.5 NAAQS. Contributors to the nonattainment or interfere with those imposed by state law. For that Liberty monitor in Allegheny County, maintenance of the 2012 PM2.5 NAAQS reason, this action: • Pennsylvania have taken steps in recent in Florida. Is not a significant regulatory action subject to review by the Office of years, to improve air quality which will Illinois likely bring the monitor into compliance Management and Budget under As indicated previously, data quality with the 2012 PM2.5 annual NAAQS by Executive Orders 12866 (58 FR 51735, the 2021 attainment date. issues prevent projections of October 4, 1993) and 13563 (76 FR 3821, Another compelling fact is that in nonattainment and maintenance January 21, 2011); • previous modeling, nonattainment in receptors in Illinois. Previous CSAPR Is not an Executive Order 13771 (82 Allegheny County, Pennsylvania was modeling, however, indicates that New FR 9339, February 2, 2017) regulatory linked to significant contributions from Jersey emissions would not impact action because SIP approvals are 11 potential nonattainment and exempted under Executive Order 12866; other states. New Jersey was analyzed • in this modeling, and New Jersey maintenance receptors in Illinois. New Does not impose an information emissions were not linked to Allegheny Jersey’s contribution in the CSAPR 2012 collection burden under the provisions 3 County. EPA notes that, in fact, New base case modeling was 0.003 mg/m or of the Paperwork Reduction Act (44 less to Illinois counties, a very small U.S.C. 3501 et seq.); Jersey’s contribution in the CSAPR 2012 • base case modeling was 0.024 mg/m3, fraction of the threshold amount (well Is certified as not having a well below 1% of the standard for below 1% of the standard) for linkage to significant economic impact on a linkage to downwind receptors. downwind receptors. substantial number of small entities For these reasons, we propose to find For this reason alone, we propose that under the Regulatory Flexibility Act (5 that New Jersey will not significantly New Jersey will not significantly U.S.C. 601 et seq.); • Does not contain any unfunded contribute to nonattainment or interfere contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 mandate or significantly or uniquely 11 Air Quality Modeling for 2011 Cross-State Air NAAQS in Illinois. affect small governments, as described Pollution Rule (CSAPR) (76 FR 48207, August 8, Since we determined that New in the Unfunded Mandates Reform Act 2011). Jersey’s SIP includes provisions of 1995 (Pub. L. 104–4);

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• Does not have Federalism State Implementation Plan (SIP) welfare. The CAA requires periodic implications as specified in Executive submitted on June 25, 2008, by the State review of the air quality criteria—the Order 13132 (64 FR 43255, August 10, of Tennessee, through the Tennessee science upon which the standards are 1999); Department of Environment and based—and the standards themselves. • Is not an economically significant Conservation (TDEC), on behalf of the EPA’s regulatory provisions that govern regulatory action based on health or Chattanooga/Hamilton County Air the NAAQS are found at 40 CFR part safety risks subject to Executive Order Pollution Control Bureau (Chattanooga/ 50—National Primary and Secondary 13045 (62 FR 19885, April 23, 1997); Hamilton County). The SIP submittal Ambient Air Quality Standards. • Is not a significant regulatory action includes changes to Chattanooga/ On June 25, 2008, TDEC submitted to subject to Executive Order 13211 (66 FR Hamilton County’s air quality rules that, EPA a SIP revision to the Chattanooga/ 28355, May 22, 2001); among other things, modify several Hamilton County portion of the • Is not subject to requirements of ambient air standards. The portion of Tennessee SIP that contains changes to section 12(d) of the National the SIP revision that EPA is approving a number of Chattanooga-Hamilton Technology Transfer and Advancement is consistent with the requirements of Act of 1995 (15 U.S.C. 272 note) because the Clean Air Act (CAA or Act). EPA County’s air quality rules in Chapter 4 application of those requirements would will act on the other portions of the June of Part II, Section 4–41. EPA is be inconsistent with the CAA; and 25, 2008, submittal in a separate action. proposing to approve changes to the SIP • Does not provide EPA with the DATES: Written comments must be through this action that deletes the discretionary authority to address, as received on or before June 20, 2018. current version and substitutes a revised version of Chapter 4 of Part II, Section appropriate, disproportionate human ADDRESSES: Submit your comments, health or environmental effects, using identified by Docket ID No. EPA–R04– 4–41, Rule 21 of the Chattanooga City practicable and legally permissible OAR–2017–0395 at http:// Code ‘‘Ambient Air Quality 1 methods, under Executive Order 12898 www.regulations.gov. Follow the online Standards.’’ Chattanooga-Hamilton (59 FR 7629, February 16, 1994). instructions for submitting comments. County revised its rule to be consistent In addition, the SIP is not approved Once submitted, comments cannot be with changes to federal NAAQS. to apply on any Indian reservation land edited or removed from Regulations.gov. II. Analysis of State’s Submittal or in any other area where EPA or an EPA may publish any comment received Indian tribe has demonstrated that a to its public docket. Do not submit On June 25, 2008, TDEC submitted a tribe has jurisdiction. In those areas of electronically any information you SIP revision to EPA for review and Indian country, the rule does not have consider to be Confidential Business approval. The revision deletes the tribal implications and will not impose Information (CBI) or other information current version and substitutes a revised substantial direct costs on tribal whose disclosure is restricted by statute. version of Chapter 4 of Part II, Section governments or preempt tribal law as Multimedia submissions (audio, video, 4–41, Rule 21 of the Chattanooga City specified by Executive Order 13175 (65 etc.) must be accompanied by a written Code ‘‘Ambient Air Quality Standards.’’ FR 67249, November 9, 2000). comment. The written comment is Chattanooga/Hamilton County revised considered the official comment and List of Subjects in 40 CFR Part 52 rule 21 to reflect all criteria pollutants; should include discussion of all points Carbon Monoxide (CO), Lead (Pb), you wish to make. EPA will generally Environmental protection, Air Nitrogen Dioxide (NO2), Particulate pollution control, Incorporation by not consider comments or comment Matter (PM10), Ozone (O3), and Sulfur reference, Intergovernmental relations, contents located outside of the primary Dioxide (SO2), relating to all the Particulate matter, Reporting and submission (i.e., on the web, cloud, or national ambient air quality standards recordkeeping requirements. other file sharing system). For (NAAQS). See 76 FR 54294 (August 31, Authority: 42 U.S.C. 7401 et seq. additional submission methods, the full 2011), 73 FR 66964 (November 12, EPA public comment policy, 2008), 75 FR 6474 (February 9, 2010), 61 Dated: May 8, 2018. information about CBI or multimedia Peter D. Lopez, FR 52852 (October 8, 1996), 73 FR submissions, and general guidance on 16436 (March 27, 2008), 75 FR 35520 Regional Administrator, Region 2. making effective comments, please visit (June 22, 2010), 38 FR 25678 (September [FR Doc. 2018–10803 Filed 5–18–18; 8:45 am] http://www2.epa.gov/dockets/ 14, 1973). EPA is approving this commenting-epa-dockets. BILLING CODE 6560–50–P revision to the Chattanooga/Hamilton FOR FURTHER INFORMATION CONTACT: County portion of the Tennessee SIP to Tiereny Bell, Air Regulatory maintain consistency with the NAAQS. ENVIRONMENTAL PROTECTION Management Section, Air Planning and AGENCY The Chattanooga/Hamilton County rule Implementation Branch, Air, Pesticides revision became state-effective on June 40 CFR Part 52 and Toxics Management Division, U.S. 11, 2008. EPA has reviewed these Environmental Protection Agency, changes to the Chattanooga/Hamilton [EPA–R04–OAR–2017–0395; FRL–9978– Region 4, 61 Forsyth Street SW, Atlanta, County regulations for CO, Pb, NO2, 32—Region 4] Georgia 30303–8960. Ms. Bell can be PM10, O3 and SO2, and has made the reached via telephone at (404) 562–9088 Air Plan Approvals; Tennessee: preliminary determination that these or via electronic mail at bell.tiereny@ changes are consistent with federal Revisions to Ambient Air Quality epa.gov. Standards regulation.2 SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection 1 I. Background EPA will consider the other changes included in Agency. Tennessee’s June 25, 2008, SIP revision in a future ACTION: Proposed rule. Sections 108 and 109 of the CAA rulemaking. govern the establishment, review, and 2 The submittal does not address the 2008 8-hour SUMMARY: The Environmental Protection revision, as appropriate, of the National O3, 2015 8-hour O3, 2010 SO2, 2010 NO2, 2012 PM2.5 and 2008 Pb standards because these Agency (EPA) is proposing to approve a Ambient Air Quality Standards standards were not promulgated at the time the portion of a revision to the Tennessee (NAAQS) to protect public health and submission was provided to EPA.

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III. Incorporation by Reference affect small governments, as described west by First Street, on the south by In this rule, EPA is proposing to in the Unfunded Mandates Reform Act Shaw Street, on the east by New York of 1995 (Pub. L. 104–4); State Route 481, and on the north by a include in a final EPA rule regulatory • text that includes incorporation by Does not have Federalism warehouse, and an ‘‘Off-Property’’ area, reference. In accordance with implications as specified in Executive defined by the area between the On- requirements of 1 CFR 51.5, EPA is Order 13132 (64 FR 43255, August 10, Property area’s western property proposing the incorporation by 1999); boundary to the Oswego River • reference of Chapter 4 of Part II, Section Is not an economically significant (approximately 50 feet). The On- 4–41, Rule 21 of the Chattanooga City regulatory action based on health or Property area was deleted from the Code ‘‘Ambient Air Quality Standards.’’ safety risks subject to Executive Order National Priorities List (NPL) on April 6, effective June 11, 2008, which revised 13045 (62 FR 19885, April 23, 1997); 2015 (80 FR 5957). The Off-Property • criteria pollutants. EPA has made, and Is not a significant regulatory action area remained on the NPL because will continue to make, these materials subject to Executive Order 13211 (66 FR residual groundwater contamination generally available through 28355, May 22, 2001); was still present. Because the • www.regulations.gov and at the EPA Is not subject to requirements of groundwater in the Off-Property area Region 4 Office (please contact the section 12(d) of the National has achieved the cleanup levels, the person identified in the FOR FURTHER Technology Transfer and Advancement U.S. Environmental Protection Agency INFORMATION CONTACT section of this Act of 1995 (15 U.S.C. 272 note) because (EPA) is issuing this Notice of Intent to preamble for more information). application of those requirements would Delete (NOID) the Off-Property area be inconsistent with the CAA; and from the NPL and requests public IV. Proposed Action • Does not provide EPA with the comments on this proposed action. Pursuant to section 110 of the CAA, discretionary authority to address, as DATES: Comments must be received by EPA is proposing to approve the appropriate, disproportionate human June 20, 2018. aforementioned changes to Tennessee’s health or environmental effects, using SIP for Chapter 4 of Part II, Section 4– practicable and legally permissible ADDRESSES: Submit your comments, 41, Rule 21. EPA has evaluated the methods, under Executive Order 12898 identified by Docket ID No. EPA–HQ– relevant portion of Tennessee’s June 25, (59 FR 7629, February 16, 1994). SFUND–1983–0002, at http:// 2008, SIP revision and has determined The SIP is not approved to apply on www.regulations.gov. Follow the online that it meets the applicable any Indian reservation land or in any instructions for submitting comments. requirements of the CAA and EPA other area where EPA or an Indian tribe Once submitted, comments cannot be regulations. has demonstrated that a tribe has edited or removed from Regulations.gov. jurisdiction. In those areas of Indian The EPA may publish any comment V. Statutory and Executive Order received to its public docket. Do not Reviews country, the rule does not have tribal implications as specified by Executive submit electronically any information Under the CAA, the Administrator is Order 13175 (65 FR 67249, November 9, you consider to be Confidential required to approve a SIP submission 2000), nor will it impose substantial Business Information (CBI) or other that complies with the provisions of the direct costs on tribal governments or information whose disclosure is Act and applicable Federal regulations. preempt tribal law. restricted by statute. Multimedia See 42 U.S.C. 7410(k); 40 CFR 52.02(a). submissions (audio, video, etc.) must be Thus, in reviewing SIP submissions, Authority: 42 U.S.C. 7401 et seq. accompanied by a written comment. EPA’s role is to approve state choices, Dated: May 7, 2018. The written comment is considered the provided that they meet the criteria of Onis ‘‘Trey’’ Glenn, III, official comment and should include the CAA. This action merely proposes to Regional Administrator, Region 4. discussion of all points you wish to approve state law as meeting Federal [FR Doc. 2018–10688 Filed 5–18–18; 8:45 am] make. The EPA will generally not requirements and does not impose BILLING CODE 6560–50–P consider comments or comment additional requirements beyond those contents located outside of the primary imposed by state law. For that reason, submission (i.e., on the web, cloud, or this proposed action: ENVIRONMENTAL PROTECTION other file sharing system). For • Is not a significant regulatory action AGENCY additional submission methods, the full subject to review by the Office of EPA public comment policy, Management and Budget under 40 CFR Part 300 information about CBI or multimedia Executive Orders 12866 (58 FR 51735, [EPA–HQ–SFUND–1983–0002; FRL–9978– submissions, and general guidance on October 4, 1993) and 13563 (76 FR 3821, 04–Region 2] making effective comments, please visit January 21, 2011); http://www2.epa.gov/dockets/ • Is not an Executive Order 13771 (82 National Oil and Hazardous commenting-epa-dockets. FR 9339, February 2, 2017) regulatory Substances Pollution Contingency FOR FURTHER INFORMATION CONTACT: action because SIP approvals are Plan; National Priorities List: Deletion Christos Tsiamis, Remedial Project exempted under Executive Order 12866; of the Fulton Terminals Superfund Site Manager, Emergency and Remedial • Does not impose an information Response Division, U.S. Environmental collection burden under the provisions AGENCY: Environmental Protection Protection Agency, 290 Broadway, 20th of the Paperwork Reduction Act (44 Agency. Floor, New York, NY 10007–1866, 212– U.S.C. 3501 et seq.); ACTION: Proposed rule; notice of intent 637–4257, or [email protected]. • Is certified as not having a to delete. significant economic impact on a SUPPLEMENTARY INFORMATION: Because substantial number of small entities SUMMARY: The Fulton Terminals site residual groundwater contamination under the Regulatory Flexibility Act (5 (Site), located in the City of Fulton, (cis-1,2-dichloroethene [DCE] and vinyl U.S.C. 601 et seq.); Oswego County, New York, originally chloride [VC]) was still present in the • Does not contain any unfunded consisted of an approximately 1.5-acre Off-Property area, this area remained on mandate or significantly or uniquely ‘‘On-Property’’ area, bounded on the the NPL, and groundwater monitoring

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and five-year reviews were still Any parties interested in commenting SFUND–1983–0002, by one of the required. must do so at this time. following methods: Groundwater samples were collected For additional information, see the (1) http://www.regulations.gov. from the Off-Property area in July 2016, direct final NOD, which is in the Follow the online instructions for June 2017, and September 2017 and ‘‘Rules’’ section of this Federal Register. submitting comments. Once submitted, they were analyzed for cis-1,2-DCE and comments cannot be edited or removed List of Subjects in 40 CFR Part 300 VC. The reported concentrations of from Regulations.gov. The EPA may these constituents detected in the Environmental protection, Air publish any comment received to its analyses of these samples were all pollution control, Chemicals, Hazardous public docket. Do not submit below the cleanup levels, with two of substances, Hazardous waste, electronically any information you the three being ‘‘non-detect’’ (i.e., Intergovernmental relations, Penalties, consider to be Confidential Business concentrations were below the Reporting and recordkeeping Information (CBI) or other information laboratory detection limits of 0.5 requirements, Superfund, Water whose disclosure is restricted by statute. micrograms per liter). Based on an pollution control, Water supply. Multimedia submissions (audio, video, analysis of all the groundwater Authority: 33 U.S.C. 1321(d); 42 U.S.C. etc.) must be accompanied by a written monitoring wells and associated 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, comment. The written comment is contaminant-specific data, it was 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, considered the official comment and concluded that the groundwater remedy 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 should include discussion of all points has achieved the cleanup levels selected FR 2923, 3 CFR, 1987 Comp., p. 193. you wish to make. The EPA will for the Site and data analysis indicates Dated: April 19, 2018. generally not consider comments or that the contaminant levels in the Peter D. Lopez, comment contents located outside of the groundwater will remain below these Regional Administrator, EPA Region 2. primary submission (i.e., on the web, standards. Therefore, the EPA has [FR Doc. 2018–10800 Filed 5–18–18; 8:45 am] cloud, or other file sharing system). For determined that the response action is BILLING CODE 6560–50–P additional submission methods, the full completed and that no further EPA public comment policy, monitoring or five-year reviews at the information about CBI or multimedia Site are necessary. ENVIRONMENTAL PROTECTION submissions, and general guidance on The NPL, promulgated pursuant to AGENCY making effective comments, please visit Section 105 of the Comprehensive http://www2.epa.gov/dockets/ Environmental Response, 40 CFR Part 300 commenting-epa-dockets. Compensation, and Liability Act (2) Email: Laura Knudsen, [EPA–HQ–SFUND–1983–0002; FRL–9978– (CERCLA) of 1980, as amended, is an 25—Region 10] Community Involvement Coordinator, at appendix of the National Oil and [email protected]. Hazardous Substances Pollution National Oil and Hazardous (3) Mail: Laura, Knudsen, U.S. EPA Contingency Plan. The EPA and the Substances Pollution Contingency Region 10, 1200 Sixth Avenue, Suite State of New York, through the New Plan; National Priorities List: Deletion 155, RAD–202–3, Seattle, Washington York State Department of of the Frontier Hard Chrome, Inc. 98101–3123. Environmental Conservation (NYSDEC), Superfund Site (4) Hand delivery: Records Center, have determined that all appropriate U.S. EPA Region 10, 1200 Sixth Avenue, response actions under CERCLA have AGENCY: Environmental Protection Suite 155, Seattle, Washington. Monday been completed at the Site and that it no Agency (EPA). through Friday, except Federal holidays, longer poses a threat to public health or ACTION: Proposed rule; notice of intent. between 9:00 a.m. and 5:00 p.m. Such the environment. Therefore, the EPA deliveries are only accepted during the SUMMARY: The Environmental Protection and NYSDEC have concluded that this Docket’s normal hours of operation, and Agency (EPA) Region 10 is issuing a NOID is appropriate. However, this special arrangements should be made deletion does not preclude future Notice of Intent to Delete Frontier Hard for deliveries of boxed information. actions under Superfund should future Chrome, Inc. (FHC) Superfund Site Instructions: Direct your comments to conditions warrant such action. (Site) located in Vancouver, Docket ID no. EPA–HQ–SFUND–1983– In the ‘‘Rules and Regulations’’ Washington, from the National Priorities 0002. The EPA’s policy is that all Section of today’s Federal Register, the List (NPL) and requests public comments received will be included in EPA is publishing a direct final Notice comments on this proposed action. The the public docket without change and of Deletion (NOD) of the Site without NPL, promulgated pursuant to Section may be made available online at http:// prior NOID because the EPA views this 105 of the Comprehensive www.regulations.gov, including any as a noncontroversial revision and Environmental Response, personal information provided, unless anticipates no adverse comment. The Compensation, and Liability Act the comment includes information EPA has explained its reasons for this (CERCLA) of 1980, is an appendix of the claimed to be Confidential Business deletion in the preamble to the direct National Oil and Hazardous Substances Information (CBI) or other information final NOD. If the EPA receives no Pollution Contingency Plan (NCP). The whose disclosure is restricted by statute. adverse comment(s) on this deletion EPA and the State of Washington, Do not submit information that you action, the EPA will proceed with the through the Department of Ecology, consider to be CBI or otherwise deletion without further action on this have determined that all appropriate protected through http:// NOID. If the EPA receives adverse response actions under CERCLA have www.regulations.gov or email. The comment(s), the EPA will withdraw the been completed. However, this deletion http://www.regulations.gov website is direct final NOD, and it will not take does not preclude future actions under an ‘‘anonymous access’’ system, which effect. The EPA will, as appropriate, Superfund. means the EPA will not know your address all public comments in a DATES: Comments must be received by identity or contact information unless subsequent final NOD based on this June 20, 2018. you provide it in the body of your NOID. The EPA will not institute a ADDRESSES: Submit your comments, comment. If you send an email second comment period on this NOID. identified by Docket ID no. EPA–HQ– comment directly to the EPA without

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going through http:// Comprehensive Environmental (2) The EPA has provided the state 30 www.regulations.gov, your email Response, Compensation and Liability working days for review of this notice address will be automatically captured Act (CERCLA) of 1980, 42 U.S.C. 9605. prior to publication of it today and included as part of the comment The EPA maintains the NPL as the list (3) In accordance with the criteria that is placed in the public docket and of sites that appear to present a discussed above, the EPA has made available on the internet. If you significant risk to public health, welfare, determined that no further response is submit an electronic comment, the EPA or the environment. Sites on the NPL appropriate; recommends that you include your may be the subject of remedial actions (4) The State of Washington, through name and other contact information in financed by the Hazardous Substance the Department of Ecology, has the body of your comment and with any Superfund (Fund). As described in 40 concurred with deletion of the Site from disk or CD–ROM you submit. If the EPA CFR 300.425(e)(3) of the NCP, sites the NPL. cannot read your comment due to deleted from the NPL remain eligible for (5) Concurrently with the publication technical difficulties and cannot contact Fund-financed remedial actions if future of this Notice of Intent to Delete in the you for clarification, the EPA may not conditions warrant such actions. Federal Register, a notice is being be able to consider your comment. The EPA will accept comments on the published in a major local newspaper, Electronic files should avoid the use of proposal to delete this Site for thirty the Columbian. The newspaper notice special characters, any form of (30) days after publication of this announces the 30-day public comment encryption, and be free of any defects or document in the Federal Register. period concerning the Notice of Intent viruses. to Delete the Site from the NPL. Docket: All documents in the docket Section II of this document explains (6) The EPA placed copies of are listed in the http:// the criteria for deleting sites from the documents supporting the proposed www.regulations.gov index. Although NPL. Section III discusses procedures deletion in the deletion docket and listed in the index, some information is that the EPA is using for this action. made these items available for public not publicly available, e.g., CBI or other Section IV discusses the Frontier Hard inspection and copying at the Site information whose disclosure is Chrome, Inc. Superfund Site and information repositories identified restricted by statute. Certain other demonstrates how it meets the deletion above. material, such as copyrighted material, criteria. If comments are received within the will be publicly available only in the II. NPL Deletion Criteria 30-day public comment period on this hard copy. Publicly available docket document, the EPA will evaluate and materials are available either The NCP establishes the criteria that respond appropriately to the comments electronically in http:// the EPA uses to delete sites from the before making a final decision to delete. www.regulations.gov or in hard copy at: NPL. In accordance with 40 CFR The EPA will prepare a Responsiveness Records Center, U.S. EPA Region 10, 300.425(e), sites may be deleted from Summary to address any significant 1200 Sixth Avenue, Suite 155, Seattle, the NPL where no further response is public comments or data received Washington, Monday through Friday, appropriate. In making such a during the public comment period. except Federal holidays, between 9:00 determination pursuant to 40 CFR After the public comment period, if the a.m. and 5:00 p.m.; Vancouver 300.425(e), the EPA will consider, in EPA determines it is still appropriate to Community Library, 901 C Street, consultation with the State, whether any delete the Site, the Regional Vancouver, Washington 98660, 360– of the following criteria have been met: Administrator will publish a final 906–5000 between 9:00 a.m. and 8:00 (1) Responsible parties or other Notice of Deletion in the Federal p.m. Monday to Thursday, or 10:00 a.m. persons have implemented all Register. Public notices, public and 6:00 p.m. Friday to Sunday. appropriate response actions required; submissions and copies of the FOR FURTHER INFORMATION CONTACT: (2) all appropriate Fund-financed Responsiveness Summary, if prepared, Jeremy Jennings, Remedial Project response under CERCLA has been will be made available to interested Manager, U.S. EPA Region 10, 1200 implemented, and no further response parties and in the Site information Sixth Avenue, Suite 155, ECL–12, action by responsible parties is repositories listed above. Seattle, Washington 98101–3123 206– appropriate; or Deletion of a site from the NPL does 553–2724, email jennings.jeremy@ (3) the remedial investigation has not itself create, alter, or revoke any epa.gov. shown that the release poses no individual’s rights or obligations. SUPPLEMENTARY INFORMATION: significant threat to public health or the Deletion of a site from the NPL does not environment and, therefore, the taking in any way alter the EPA’s right to take Table of Contents of remedial measures is not appropriate. enforcement actions, as appropriate. The NPL is designed primarily for I. Introduction The EPA may initiate further action to informational purposes and to assist II. NPL Deletion Criteria ensure continued protectiveness at a III. Deletion Procedures EPA management. Section 300.425(e)(3) deleted site if new information becomes IV. Basis for Intended Site Deletion of the NCP states that the deletion of a available that indicates it is appropriate. site from the NPL does not preclude I. Introduction Whenever there is a significant release eligibility for future response actions, from a site deleted from the NPL, the The EPA Region 10 announces its should future conditions warrant such deleted site will be restored to the NPL intent to delete the Frontier Hard actions. Chrome, Inc. Superfund Site from the without application of the hazard National Priorities List (NPL) and ranking system IV. Basis for Intended Site Deletion requests public comment on this III. Deletion Procedures The following information provides proposed action. The NPL constitutes the EPA’s rationale for deleting the Site Appendix B of 40 CFR part 300 which The following procedures apply to from the NPL: is the National Oil and Hazardous deletion of the Site: Substances Pollution Contingency Plan (1) The EPA consulted with the State Site Background and History (NCP), which the EPA promulgated before developing this Notice of Intent The 1⁄2-acre Frontier Hard Chrome pursuant to Section 105 of the to Delete. (FHC), Inc. Superfund Site (EPA ID:

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WAD053614988) is located at 113 Y hexavalent chromium as high as 42 naturally occurring iron in the soils to Street, Vancouver, Clark County, mg/kg. Subsurface soil concentrations create a permeable reactive zone, Washington, approximately 3⁄4 mile for total and hexavalent chromium were thereby reducing hexavalent chromium north of the Columbia River. The area reported as high as 31,800 mg/kg and to trivalent chromium. Groundwater was once dominated by light industry 7,506 mg/kg, respectively. Elevated downgradient of the barrier would be but has transitioned to commercial and chromium levels were found up to 20 restored through natural dispersion and residential uses. Between 1958 and feet below the ground surface and dilution. Regular monitoring would be 1983, two chrome plating businesses, extended beyond the southern property conducted until all groundwater met the Pioneer Plating (1958 to 1970) and boundary. cleanup level of 50 mg/L. Institutional Frontier Hard Chrome (1970 to 1983) controls (ICs) that limited access to Selected Remedy occupied the Site. Since 1983, the Site contaminated soils and groundwater has been used by various businesses. A The EPA issued a December 1987 and future activities that threaten to commercial storage facility and parking Operable Unit 1 (OU 1) Record of remobilize chromium in Site soils were lot are currently being constructed at the Decision (ROD) to address contaminated to be evaluated and implemented. Site. soils and source areas, and a July 1988 In 1976, untreated chromium plating OU 2 ROD to address contaminated Response Actions wastes from FHC’s operations were groundwater. The objectives of the OU1 In 1994, to reduce the threat of direct temporarily rerouted from the sanitary soil remedy were to protect human exposure and further impacts to sewer to an on-Site dry well while an health by preventing the direct exposure groundwater from the most heavily on-site treatment system was to chromium contaminated soils and contaminated surface soils, Ecology constructed. Despite several dusts and to protect the groundwater by excavated surface soils with chromium enforcement actions, the treatment controlling the source of the concentrations above 210 mg/kg system was never designed or contamination and included excavation, (approximately 160 cubic yards) and constructed. In January 1983, the chemical treatment by a chemical disposed of them off-Site. The area was Washington Department of Ecology binding agent, and off-Site disposal. backfilled with clean material and a (Ecology) ordered FHC to stop the Based on a Site-specific leachate test, all commercial office building was discharge of chromium plating wastes to soils with total chromium constructed on the property. the dry well and to prepare a plan to concentrations greater than 550 mg/kg In December 2000, in conjunction investigate the groundwater. Before (approximately 7,400 cubic yards of with a local drainage project, the EPA taking any action, FHC closed the soil) were removed and disposed of extended a tight-lined drain pipe with business. offsite. road drains and catch basins to the In 1982, an industrial supply well The remedy selected in the OU 2 ROD south and west of the Site. The about 1⁄4 mile from the Site was found called for extraction of groundwater extension allowed stormwater to drain to be contaminated with chromium at from the areas where levels of away from the FHC Site, thus more than twice the federal drinking chromium exceeded 50,000 mg/L, preventing further infiltration of surface water standard referred to as the followed by treatment using selective water through contaminated soils and ‘‘maximum contaminant level’’ (MCL). media ion exchange and discharge to into groundwater. Further investigation, indicated the the Columbia River or Vancouver’s From 2001 to 2003, the EPA designed presence of a plume with elevated sewer system. To prevent consumption and implemented the ISRM Treatment chromium concentrations downgradient of contaminated drinking water, selected in the 2001 RODA. Chemical of the dry well on the FHC property. institutional controls would be used to reductant was first injected along the In December 1982, the EPA proposed restrict the use of groundwater in and southern edge of an area with the that the Site be included on the NPL around the contaminated plume. highest chromium levels in the established by the EPA under Section During the remedial design for OU 1, groundwater, forming the ISRM barrier, 105(a) of CERCLA, 42 U.S.C. 9605(a) (47 bench scale tests indicated that the and then applied to source area soils FR 58476). Following consideration of stabilization methods selected in the and groundwater upgradient of the public comments, the listing was remedy would likely not be effective at barrier. On September 22, 2003, the EPA finalized by the EPA in September 1983 preventing the leaching of hexavalent signed a Preliminary Close-Out Report (48 FR 40658). chromium from Site soils. In response, documenting the completion of the EPA initiated a Focused Feasibility construction activities. On September Remedial Investigation and Feasibility Study that identified and evaluated 28, 2012, the Site was designated as Study (RI/FS) several new and innovative technologies ‘‘Sitewide Ready for Anticipated Use’’. In 1984, Ecology initiated the for addressing the contamination In 2003 the EPA also reviewed Remedial Investigation (RI). Initial remaining at the Site. The results of existing local and state controls that testing found total chromium levels in bench scale testing indicated that In- would protect the public from exposure groundwater beneath the Site that were Situ Redox Manipulation (ISRM) would to soils and groundwater impacted by more than 2,000 times the MCL [50 be the most effective technology to past releases at the Site. The EPA micrograms per liter (mg/L)] and had address the cleanup objectives. determined that existing controls spread approximately 1,600 feet On August 30, 2001, the EPA issued sufficiently limited access to southwest of the source. Later, total a ROD amendment (RODA) modifying contaminated soils and groundwater chromium concentrations in the remedial action selected in the 1987 and that no additional ICs were groundwater near the former dry well and 1988 RODs. The amended remedy required. Even so, when approached in were found as high as 300,000 mg/L. called for an ISRM Treatment Barrier to 2004 by a perspective developer Chromium in soils near the former be installed at the southern edge of the interested in purchasing the property, dry well were identified as the source of groundwater hot spot and for reducing the EPA entered into an Agreement and the groundwater contamination at FHC. compounds to be injected into the Covenant Not to Sue with the developer. Total chromium levels in surface soils contaminated soils and groundwater The Agreement was recorded on the were reported as high as 5,200 upgradient of the barrier. After property deeds and required compliance milligrams per kilogram (mg/kg) and injection, the reductant reacted with with seven institutional controls,

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including prohibitions on the Five-Year Review EPA is proposing deletion of this Site installation of groundwater wells and Three policy five-year reviews (FYR) from the NPL. use of groundwater. have been completed at the Site, the last List of Subjects in 40 CFR Part 300 In February 2004, a Long-Term one in January 2018. Environmental protection, Air Monitoring Plan was developed by the No issues or follow-up actions were pollution control, Chemicals, Hazardous EPA to track the size of the chromium identified as part of the 2018 Five-Year waste, Hazardous substances, plume downgradient of the Site and to Review. The protectiveness statement Intergovernmental relations, Penalties, ensure the protectiveness of the remedy. read: ‘‘Because the remedial actions at Reporting and recordkeeping In 2007, the size of the network and the OU 1 and OU 2 are protective, the site requirements, Superfund, Water frequency of sampling were reduced. is protective of human health and the pollution control, Water supply. The final sampling event took place in environment.’’ Authority: 33 U.S.C. 1321(d); 42 U.S.C. 2016. The analysis conducted concurrent with the last FYR indicates that the 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Cleanup Levels remedy has been fully implemented and 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 the remedial action objectives and FR 2923, 3 CFR, 1987 Comp., p. 193. The cleanup levels established in the related cleanup levels have been RODA were based on federal drinking attained. No hazardous substances, Dated: May 3, 2018. water standards, State cleanup levels pollutants or contaminants remain Chris Hladick, established under the Model Toxics above levels that could prevent Regional Administrator, Region 10. Control Act (MTCA), and State surface unlimited use and unrestricted exposure [FR Doc. 2018–10796 Filed 5–18–18; 8:45 am] water standards. Consistent with MTCA, (UU/UE). Therefore, no further five-year BILLING CODE 6560–50–P cleanup levels for hexavalent and reviews are required. trivalent chromium in soils were set at Community Involvement 19 mg/kg and 80,000 mg/kg FEDERAL COMMUNICATIONS respectively. Also based on MTCA, a Public participation activities have COMMISSION groundwater cleanup level of 50 mg/L been satisfied as required in CERCLA total chromium was established. Section 113(k), 42 U.S.C. 9613(k) and 47 CFR Part 2 CERCLA Section 117, 42 U.S.C. 9617. Finally, the State’s chronic surface [GN Docket No. 18–122; DA 18–446] water standards were used to establish Throughout the remedial process, the a cleanup level of 10.5 mg/L for EPA has kept the public informed of Office of Engineering and Technology, groundwater immediately upgradient of activities being conducted at the Site by International, and Wireless the Columbia River. way of informational meetings, fact Telecommunications Bureaus Seek sheets and public meetings. Comment for Report on the Feasibility Following the 2016 sampling event, Documents in the deletion docket the EPA reviewed the data and found of Allowing Commercial Wireless which the EPA relied on for the Services, Licensed or Unlicensed, To that, over the last several years, total recommendation for deletion from the Use or Share Use of the Frequencies chromium had only been detected at NPL are available to the public at the Between 3.7–4.2 GHz one well and that the groundwater information repositories identified concentrations at that well were below previously. Concurrent with this notice, AGENCY: Federal Communications the cleanup level of 50 mg/L (Well a notice of availability of the Notice of Commission. B–87–8; 8.82 mg/L total chromium). A Intent for Deletion has been published ACTION: Proposed rule. statistical analysis indicated the in The Columbian, initiating a 30-day groundwater had attained the cleanup public comment period. EPA will SUMMARY: In this document, and level and was expected to continue to review all comments received before pursuant to the Making Opportunities do so in the future. Since monitoring making a final decision on this for Broadband Investment and Limiting began in 2004, the total chromium proposed deletion action. Excessive and Needless Obstacles to concentration in the wells closest to the Wireless Act (MOBILE NOW Act), the Determination That the Site Meets the river (well W99–R5A W99–R5B) have Office of Engineering and Technology Criteria for Deletion in the NCP and the International and Wireless been below the cleanup level of 10.5 Telecommunications Bureaus (Bureaus) mg/L set for groundwater immediately The EPA, with concurrence of the seek comment for an upcoming upgradient of the Columbia River. State of Washington through the Department of Ecology, has determined Commission report that will address the A Final Close-Out Report that the implemented remedy achieves feasibility of allowing commercial documenting completion of all remedial the degree of cleanup or protection wireless services to use or share use of actions was signed by the EPA on specified in the RODs and RODA for all the 3.7–4.2 GHz spectrum band. January 29, 2018. The report pathways of exposure. All selected DATES: Comments are due on or before documented that all soil and remedial and removal action objectives May 31, 2018. Reply comments are due groundwater Remedial Action and associated cleanup levels are on or before June 15, 2018. Objectives (RAOs) and cleanup levels consistent with agency policy and ADDRESSES: To the extent commenters established in the 2001 RODA had been guidance. No further Superfund wish to submit materials in the current attained, the remedy had been response is needed to protect human docket (GN Docket No. 18–122) that are successfully implemented, and no health and the environment. substantially similar to materials filed in further CERCLA actions were required In accordance with 40 CFR other potentially related Commission at the Site. However, in 2018, all 300.425(e), sites may be deleted from proceedings (such as GN Docket No. 17– remaining monitoring wells will be the NPL where all appropriate response 183, RM–11778, and RM–11791), the decommissioned by Ecology. No actions have been implemented and Commission asks commenters to submit additional monitoring or Operations and where no further response is an abbreviated filing that incorporates Maintenance of the remedy are required. appropriate. Consistent with this, the by reference the relevant arguments

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from any previously filed material by Bureau at (202) 418–0530 (voice), (202) business concerns with fewer than 25 identifying (a) the previously filed 418–0432 (TTY). employees, pursuant to the Small document (with the docket number of FOR FURTHER INFORMATION CONTACT: Business Paperwork Relief Act of 2002, the proceeding in which it was filed and Ariel Diamond, (202) 418–2803, Public Law 107–198, see 44 U.S.C. the date filed), and (b) the specific [email protected]. 3506(c)(4). arguments in that previously filed SUPPLEMENTARY INFORMATION: On March Paperwork Reduction Act (PRA) document that the commenter is 23, 2018, Congress passed the FY 2018 This document does not contain submitting for consideration in the omnibus spending bill into law, which proposed information collection(s) current proceeding. You may submit includes the MOBILE NOW Act under subject to the Paperwork Reduction Act comments, identified by [GN Docket No. Title VI of RAY BAUM’S Act.1 Section of 1995 (PRA), Public Law 104–13. In 18–122], by any of the following 605(b) of the MOBILE NOW Act addition, therefore, it does not contain methods: requires the Commission to submit a any new or modified information D Electronic Filers: Comments may be report (3.7–4.2 GHz Report), to collection burden for small business filed electronically using the internet by appropriate committees of Congress 2 concerns with fewer than 25 employees, accessing the ECFS: https:// and to the Secretary of Commerce no pursuant to the Small Business www.fcc.gov/ecfs/filings. Filers should later than September 23, 2019, Paperwork Relief Act of 2002, Public follow the instructions provided on the ‘‘evaluating the feasibility of allowing Law 107–198, see 44 U.S.C. 3506(c)(4). website for submitting comments. In commercial wireless services, licensed completing the transmittal screen, filers or unlicensed, to use or share use of the Ex Parte Rules should include their full name, U.S. frequencies between 3700 megahertz Postal Service mailing address, and the 3 This proceeding has been designated and 4200 megahertz.’’ as a ‘‘permit-but-disclose’’ proceeding in applicable docket number, GN Docket The Commission notes that there is accordance with the Commission’s ex No. 18–122. currently no federal allocation for the parte rules.5 Persons making ex parte D Paper Filers: Parties who choose to 3.7–4.2 GHz band. Nonetheless, we seek presentations must file a copy of any file by paper must file an original and comment on the following questions: written presentation or a memorandum one copy of each filing. If more than one • How should we assess the summarizing any oral presentation docket or rulemaking number appears in operations and possible impacts of within two business days after the the captions of this proceeding, filers sharing on Federal and non-Federal presentation (unless a different deadline must submit two additional copies for users already operating in this band? applicable to the Sunshine period each additional docket or rulemaking • How might sharing be applies). Persons making oral ex parte number. Filings in response to this accomplished, with licensed and/or presentations are reminded that document can be sent by hand or unlicensed operations, without causing memoranda summarizing the messenger delivery, by commercial harmful interference to Federal and presentation must (1) list all persons overnight courier, or by first-class or non-Federal users already operating in attending or otherwise participating in overnight U.S. Postal Service mail. All this band, and in which parts of the the meeting at which the ex parte filings must be addressed to the band would such sharing be feasible? presentation was made, and (2) Commission’s Secretary, Office of the • What other considerations should summarize all data presented and Secretary, Federal Communications the Commission take into account in arguments made during the Commission. preparing the 3.7–4.2 GHz Report? presentation. If the presentation D All hand-delivered or messenger- The Act further provides that the consisted in whole or in part of the delivered paper filings for the report should include an assessment of presentation of data or arguments Commission’s Secretary must be the operations of Federal entities that already reflected in the presenter’s delivered to FCC Headquarters at 445 operate Federal Government stations written comments, memoranda or other 12th St. SW, Room TW–A325, authorized to use the 3.7–4.2 GHz filings in the proceeding, the presenter Washington, DC 20554. The filing hours band.4 The Commission intends to may provide citations to such data or are 8:00 a.m. to 7:00 p.m. Eastern Time. consult with National arguments in his or her prior comments, All hand deliveries must be held Telecommunications and Information memoranda, or other filings (specifying together with rubber bands or fasteners. Administration (NTIA) and the heads of the relevant page and/or paragraph Any envelopes and boxes must be each affected Federal agency regarding numbers where such data or arguments disposed of before entering the building. the Federal entities, stations, and can be found) in lieu of summarizing D Commercial overnight mail (other operations in the band, and the required them in the memorandum. Documents than U.S. Postal Service Express Mail issues and assessments. This document shown or given to Commission staff and Priority Mail) must be sent to 9050 does not contain proposed information during ex parte meetings are deemed to Junction Drive, Annapolis Junction, MD collection(s) subject to the Paperwork be written ex parte presentations and 20701. Reduction Act of 1995 (PRA), Public must be filed consistent with rule D U.S. Postal Service first-class, Law 104–13. In addition, therefore, it 1.1206(b). Express, and Priority mail must be does not contain any new or modified addressed to 445 12th Street SW, information collection burden for small Federal Communications Commission. Washington, DC 20554. John Schauble, People with Disabilities: To request 1 See Section 601 of the Act. We note that the Act Deputy Chief, Broadband Division, Wireless materials in accessible formats for refers to the 3.7–4.2 GHz band as the frequencies Telecommunications Bureau. between 3700 megahertz and 4200 megahertz. [FR Doc. 2018–10787 Filed 5–18–18; 8:45 am] people with disabilities (braille, large 2 Section 602 of the Act defines the appropriate print, electronic files, audio format), committees of Congress. BILLING CODE 6712–01–P send an email to [email protected] or call 3 See Section 605(b) of the Act. the Consumer & Governmental Affairs 4 See Section 605(c) of the Act. 5 See 47 CFR 1.1200(a), 1.1206.

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Notices Federal Register Vol. 83, No. 98

Monday, May 21, 2018

This section of the FEDERAL REGISTER potential persons who are to respond to COMMISSION ON CIVIL RIGHTS 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 Notice of Public Meeting of the Oregon public. Notices of hearings and investigations, the collection of information unless it Advisory Committee committee meetings, agency decisions and rulings, delegations of authority, filing of displays a currently valid OMB control AGENCY: U.S. Commission on Civil petitions and applications and agency number. Rights. statements of organization and functions are Rural Housing Service ACTION: Announcement of meeting. examples of documents appearing in this section. Title: Rural Community Development SUMMARY: Notice is hereby given, Initiative (RCDI). pursuant to the provisions of the rules and regulations of the U.S. Commission OMB Control Number: 0575–0180. DEPARTMENT OF AGRICULTURE on Civil Rights (Commission) and the Summary of Collection: Congress first Federal Advisory Committee Act Submission for OMB Review; authorized the Rural Community (FACA) that a meeting of the Oregon Comment Request Development Initiative (RCDI) in 1999 Advisory Committee (Committee) to the May 15, 2018. with an appropriation of $6 million Commission will be held at 12:00 p.m. The Department of Agriculture has under the Rural Community (Pacific Time) Tuesday, May 22, 2018. submitted the following information Advancement Program (Pub. L. 106–78, The purpose of the meeting is for the collection requirement(s) to OMB for which was amended by the Committee to debrief testimony received review and clearance under the Consolidated Appropriations Act, 2016 at four public meetings (April 3, 2018; Paperwork Reduction Act of 1995, (Pub. L. 114–113)). The Community April 17, 2018; May 1, 2018; and May Public Law 104–13. Comments are Facilities Division under the Rural 2, 2018) on human trafficking in requested regarding (1) whether the Housing Service (RHS) administers this Oregon. grant program. The intent of the RCDI collection of information is necessary DATES: The meeting will be held on for the proper performance of the grant program is to develop the capacity Tuesday, May 22, 2018, at 12:00 p.m. functions of the agency, including and ability of rural area recipients to PT. whether the information will have undertake projects through a program of practical utility; (2) the accuracy of the financial and technical assistance FOR FURTHER INFORMATION CONTACT: Ana agency’s estimate of burden including provided by qualified intermediary Victoria Fortes (DFO) at afortes@ the validity of the methodology and organizations. Intermediaries may be usccr.gov or (213) 894–3437 assumptions used; (3) ways to enhance private or public (including tribal) SUPPLEMENTARY INFORMATION: the quality, utility and clarity of the organizations. Intermediaries are Public Call Information: Dial: 888– information to be collected; and (4) required to provide matching funds in 726–2418, Conference ID: 2544884. ways to minimize the burden of the an amount equal to the RCDI grant. This meeting is available to the public collection of information on those who Eligible recipients are nonprofit through the above toll-free call-in are to respond, including through the organizations, low-income rural number. Any interested member of the use of appropriate automated, communities, or federally recognized public may call this number and listen electronic, mechanical, or other tribes. to the meeting. Callers can expect to technological collection techniques or incur charges for calls they initiate over Need and Use of the Information: other forms of information technology. wireless lines, and the Commission will Comments regarding this information RHS will collect information to not refund any incurred charges. Callers collection received by June 20, 2018 determine applicant/grantee eligibility, will incur no charge for calls they will be considered. Written comments project feasibility, and to ensure that initiate over land-line connections to should be addressed to: Desk Officer for grantees operate on a sound basis and the toll-free telephone number. Persons Agriculture, Office of Information and use grant funds for authorized purposes. with hearing impairments may also Regulatory Affairs, Office of Failure to collect this information could follow the proceedings by first calling Management and Budget (OMB), New result in improper use of Federal funds. the Federal Relay Service at 1–800–877– Executive Office Building, 725 17th Description of Respondents: Not-for 8339 and providing the Service with the Street NW, Washington, DC 20502. profit institutions; State, Local or Tribal conference call number and conference Commenters are encouraged to submit Government. ID number. their comments to OMB via email to: Number of Respondents: 90. Members of the public are entitled to [email protected] or make comments during the open period fax (202) 395–5806 and to Departmental Frequency of Responses: Reporting: at the end of the meeting. Members of Clearance Office, USDA, OCIO, Mail Quarterly; Annually; Third party the public may also submit written Stop 7602, Washington, DC 20250– disclosure. comments; the comments must be 7602. Copies of the submission(s) may Total Burden Hours: 4,549. received in the Regional Programs Unit be obtained by calling (202) 720–8958. within 30 days following the meeting. An agency may not conduct or Ruth Brown, Written comments may be mailed to the sponsor a collection of information Departmental Information Collection Western Regional Office, U.S. unless the collection of information Clearance Officer. Commission on Civil Rights, 300 North displays a currently valid OMB control [FR Doc. 2018–10675 Filed 5–18–18; 8:45 am] Los Angeles Street, Suite 2010, Los number and the agency informs BILLING CODE 3410–XV–P Angeles, CA 90012. They may be faxed

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to the Commission at (213) 894–0508, or Report. We have determined that data held both inside and outside of the emailed Ana Victoria Fortes at afortes@ collected from these surveys are needed United States, method of inventory usccr.gov. Persons who desire to aid the efficient performance of valuation, total operating expenses, additional information may contact the essential governmental functions and purchases, gross selling value, and Regional Programs Unit at (213) 894– have significant application to the needs commissions from a sample of employer 3437. of the public and industry. The data firms with establishments classified in Records and documents discussed derived from these surveys, most of wholesale trade as defined by the during the meeting will be available for which have been conducted for many NAICS. These data serve as a public viewing prior to and after the years, are not publicly available from benchmark for the more frequent meeting at https://facadatabase.gov/ nongovernmental or other governmental estimates compiled from the Monthly committee/meetings.aspx?cid=270. sources. Wholesale Trade Survey. During the Please click on the ‘‘Meeting Details’’ ADDRESSES: The Census Bureau will 2017 survey year that will be collected and ‘‘Documents’’ links. Records make available the reporting in 2018, this survey will additionally generated from this meeting may also be instructions to the organizations collect detailed operating expenses and inspected and reproduced at the included in the surveys. Additional sales tax data. These items are collected Regional Programs Unit, as they become copies are available upon written once every five years. These additional available, both before and after the request to the Director, 4600 Silver Hill questions are only applicable to the meeting. Persons interested in the work Road, U.S. Census Bureau, Washington, merchant wholesale establishments, of this Committee are directed to the DC 20233–0101. excluding manufacturers’ sales branches Commission’s website, https:// FOR FURTHER INFORMATION CONTACT: Nick and offices. www.usccr.gov, or may contact the Orsini, Assistant Director for Economic Service Annual Survey Regional Programs Unit at the above Programs, U.S. Census Bureau, 4600 email or street address. Silver Hill Road, 5H160, Washington, The Service Annual Survey collects Agenda DC 20233, Telephone: 301–763–2558; annual data on total revenue, select Email: [email protected]. I. Welcome detailed revenue, total and detailed II. Debrief SUPPLEMENTARY INFORMATION: The expenses, and e-commerce revenue for a III. Public comment surveys described herein are authorized sample of businesses in the service IV. Next Steps by Title 13, United States Code (U.S.C.), industries. These industries include V. Adjournment Sections 131, 182 and 193 and are Utilities; Transportation and Exceptional Circumstance: Pursuant necessary to furnish current data on the Warehousing; Information; Finance and to 41 CFR 102–3.150, the notice for this subjects covered by the major censuses. Insurance; Real Estate and Rental and meeting is given less than 15 calendar These surveys are made mandatory Leasing; Professional, Scientific, and days prior to the meeting because of the under the provisions of Sections 224 Technical Services; Administration and exceptional circumstance of this and 225 of Title 13, U.S.C. These Support and Waste Management and Committee preparing for its report on surveys will provide continuing and Remediation Services; Educational human trafficking that will be issued timely national statistical data for the Services; Health Care and Social before the end of the fiscal year. period between economic censuses. The Assistance; Arts, Entertainment, and data collected in the surveys will be Recreation; Accommodation and Food Dated: May 15, 2018. within the general scope and nature of Services; and Other Services as defined David Mussatt, those inquiries covered in the economic by the NAICS. These data serve as a Supervisory Chief, Regional Programs Unit. census. The next economic census will benchmark for the more frequent [FR Doc. 2018–10684 Filed 5–18–18; 8:45 am] be conducted in 2018 for the reference estimates compiled from the Quarterly BILLING CODE 6335–01–P year 2017. Services Survey. Annual Retail Trade Survey Report of Organization DEPARTMENT OF COMMERCE The Annual Retail Trade Survey collects data on annual sales, sales tax, The Report of Organization collects annual data on ownership or control by Bureau of the Census e-commerce sales, year-end inventories held inside and outside the United a domestic or foreign parent and [Docket Number 180415374–8374–01] States, total operating expenses, ownership of foreign affiliates. This includes research and development, Current Mandatory Business Surveys purchases, and accounts receivable from a sample of employer firms with company activities such as employees AGENCY: Bureau of the Census, establishments classified in retail trade from a professional employer Department of Commerce. as defined by the North American organization, operational status, mid- March employment, first-quarter ACTION: Notice of determination. Industry Classification System (NAICS). These data serve as a benchmark for the payroll, and annual payroll of SUMMARY: The Bureau of the Census more frequent estimates compiled from establishments from a sample of multi- (U.S. Census Bureau) has determined the Monthly Retail Trade Survey. establishment enterprises in order to that it is conducting the following During the 2017 survey year that will be update and maintain a centralized, current mandatory business surveys in collected in 2018, this survey will multipurpose business register. For 2018: Annual Retail Trade Survey, additionally collect detailed operating survey year 2017 that will be collected Annual Wholesale Trade Survey, expenses data. These items are collected in 2018, the Report of Organization will Service Annual Survey, Report of once every 5 years. be conducted in conjunction with the Organization, Manufacturers’ Unfilled 2017 Economic Census, as has been Orders Survey, Annual Capital Annual Wholesale Trade Survey done for previous economic censuses. Expenditures Survey, Business Research The Annual Wholesale Trade Survey During this year, the universe of multi- and Development (R&D) Survey, and the collects data on annual sales, establishment companies will receive Business and Professional Classification e-commerce sales, year-end inventories Report of Organization inquiries.

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Manufacturers’ Unfilled Orders Survey through a new collection called the SUMMARY: The Department of Commerce The Manufacturers’ Unfilled Orders Annual Business Survey. (Commerce) is rescinding the administrative review of the Survey collects annual data on sales and Business and Professional antidumping duty (AD) order on honey unfilled orders in order to provide Classification Report from the People’s Republic of China annual benchmarks for unfilled orders The Business and Professional for the monthly Manufacturers’ (China) for the period of review (POR) Classification Report collects one-time December 1, 2016, through November Shipments, Inventories, and Orders data on a firm’s type of business activity (M3) survey. The Manufacturers’ 30, 2017. from a sample of newly organized DATES: Applicable May 21, 2018. Unfilled Orders Survey data are also employer firms. The data are used to FOR FURTHER INFORMATION CONTACT: used to determine whether it is update the sampling frames for our Rachel Greenberg or Kabir Archuletta, necessary to collect unfilled orders data current business surveys to reflect these AD/CVD Operations, Office V, for specific industries on a monthly newly opened establishments. Enforcement and Compliance, basis, as some industries are not Additionally, the business classification International Trade Administration, requested to provide unfilled orders data will help ensure businesses are U.S. Department of Commerce, 1401 data in the M3 Survey. directed to complete the correct report Constitution Avenue NW, Washington, in the economic census. Annual Capital Expenditures Survey DC 20230; telephone: (202) 482–0652 or The Annual Capital Expenditures Paperwork Reduction Act (202) 482–2593, respectively. Survey collects annual data on the Notwithstanding any other provision Background amount of business expenditures for of law, no person is required to respond new and used structures and equipment to, nor shall a person be subject to a On December 4, 2017, Commerce from a sample of non-farm, non- penalty for failure to comply with a published in the Federal Register a governmental companies, organizations, collection of information subject to the notice of opportunity to request an and associations. Both employer and requirements of the Paperwork administrative review of the AD order nonemployer companies are included in Reduction Act (PRA) unless that on honey from China for the period the survey. The data are the sole source December 1, 2016, through November collection of information displays a 1 of investment in buildings and other currently valid Office of Management 30, 2017. On January 2, 2018, in structures, machinery, and equipment and Budget (OMB) control number. In accordance with section 751(a) of the by all private nonfarm businesses in the accordance with the PRA, 44 U.S.C., Tariff Act of 1930, as amended (the Act), United States, by the investing industry, Chapter 45, OMB approved the surveys and 19 CFR 351.213(b), the American and by kind of investment. Every five described in this notice under the Honey Producers Association and Sioux years, detailed data by types of following OMB control numbers: Honey Association (the petitioners), structures and types of equipment are requested a review of the AD order with Annual Retail Trade Survey, 0607–0013; 2 collected from companies with Annual Wholesale Trade Survey, 0607– respect to two companies. On February employees. These detailed data will be 0195; Service Annual Survey, 0607– 23, 2018, in accordance with section collected for the 2017 reference year, 0422; Report of Organization, 0607– 751(a) of the Act and 19 CFR which began with data collection in 0444; Manufacturers’ Unfilled Orders 351.221(c)(1)(i), Commerce initiated an March 2018. Survey, 0607–0561; Annual Capital administrative review of the AD order Expenditures Survey, 0607–0782; on honey from China with respect to Business Research and Development these companies.3 On April 27, 2018, Survey Business R&D and Innovation Survey, 0607–0912; and Business & Professional the petitioners timely withdrew their The Business Research and Classification Report, 0607–0189. request for an administrative review of Development Survey (BRDS) collects Based upon the foregoing, I have all companies named in the petitioners’ 4 annual data on spending for research directed that the current mandatory review request. No other party and development activities by business surveys be conducted for the requested a review. businesses. This survey replaced the purpose of collecting these data. Rescission of Review Survey of Industrial Research and Development that had been collected Dated: May 15, 2018. Pursuant to 19 CFR 351.213(d)(1), since the 1950s. The BRDS collects Ron S. Jarmin, Commerce will rescind an global as well as domestic spending Associate Director for Economic Programs, administrative review, in whole or in information, more detailed information performing the non-exclusive functions and part, if the party that requested the duties of the Director, Bureau of the Census. about the R&D workforce, and review withdraws its request within 90 information regarding intellectual [FR Doc. 2018–10759 Filed 5–18–18; 8:45 am] days of the publication date of the property from U.S. businesses. The BILLING CODE 3510–07–P notice of initiation of the requested Census Bureau collects and compiles this information in accordance with a 1 See Antidumping or Countervailing Duty Order, DEPARTMENT OF COMMERCE Finding, or Suspended Investigation; Opportunity joint project agreement between the to Request Administrative Review, 82 FR 57219 National Science Foundation (NSF) and International Trade Administration (December 4, 2017). the Census Bureau. The NSF posts the 2 See the petitioners’ request for administrative joint project’s information results on its [A–570–863] review, ‘‘Honey from the People’s Republic of website. Beginning in 2018, and for the China: Request for Administrative Review; 2016– Honey From the People’s Republic of 2017,’’ dated January 2, 2018 (Review Request). 2017 reference year, the BRDS will no China: Rescission of Antidumping 3 See Initiation of Antidumping and longer collect R&D and innovation Duty Administrative Review; 2016– Countervailing Duty Administrative Reviews, 83 FR 8058 (February 23, 2018). statistics from micro businesses, or 2017 firms with less than 5 employees. 4 See the petitioners’ withdrawal of AGENCY: administrative review request, ‘‘Honey from the Additionally, the BRDS will no longer Enforcement and Compliance, People’s Republic of China—Petitioners’ collect data on innovation. This International Trade Administration, Withdrawal of Request for 2016/2017 information will now be collected Department of Commerce. Administrative Review,’’ dated April 27, 2018.

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review. The petitioners withdrew their Dated: May 15, 2018. rod from Italy, Korea, Spain, Turkey, request for review within the 90-day James Maeder, and the United Kingdom.1 deadline. Because Commerce received Associate Deputy Assistant Secretary for On March 27, 2018, Nucor no other requests for review of the Antidumping and Countervailing Duty Corporation, a petitioner in these Operations performing the duties of Deputy above-referenced companies, and no investigations (the petitioner), alleged other requests were made for a review Assistant Secretary for Antidumping and Countervailing Duty Operations. that Commerce made a ministerial error of the AD order on honey from China in the Turkey Final Determination with [FR Doc. 2018–10778 Filed 5–18–18; 8:45 am] with respect to other companies, we are regard to programming language BILLING CODE 3510–DS–P rescinding the administrative review identifying the U.S. date of sale for covering the period December 1, 2016, respondent Habas Sinai ve Tibbi Gazlar through November 30, 2017, in full, in 2 DEPARTMENT OF COMMERCE Istihsal Endustrisi A.S. (Habas). On accordance with 19 CFR 351.213(d)(1). April 13, 2018, Commerce issued a Assessment International Trade Administration ministerial error memorandum agreeing that it made a ministerial error, but Commerce will instruct U.S. Customs [A–475–836, A–580–891, A–469–816, A–489– found that revisions to the programming and Border Protection (CBP) to assess 831, A–412–826] language had no impact on the final antidumping duties on all appropriate margin for Habas.3 On April 17, 2018, entries of honey from China during the Carbon and Alloy Steel Wire Rod From the petitioner commented on POR at rates equal to the cash deposit Italy, the Republic of Korea, Spain, the Commerce’s ministerial error rate for estimated antidumping duties Republic of Turkey, and the United memorandum and alleged that required at the time of entry, or Kingdom: Antidumping Duty Orders Commerce misplaced the revised withdrawal from warehouse, for and Amended Final Affirmative programming language used to correct consumption, in accordance with 19 Antidumping Duty Determinations for Habas’ U.S. date of sale, which CFR 351.212(c)(1)(i). Commerce intends Spain and the Republic of Turkey incorrectly resulted in no change to the calculated margin.4 Habas did not to issue appropriate assessment AGENCY: Enforcement and Compliance, comment on either allegation. instructions to CBP 15 days after International Trade Administration, publication of this notice in the Federal Department of Commerce. On April 3, 2018, Global Steel Wire Register. S.A., CELSA Atlantic S.A., and SUMMARY: Based on affirmative final ´ ˜ ´ Notification to Importers determinations by the Department of Companıa Espanola de Laminacion Commerce (Commerce) and the (collectively, CELSA) alleged that This notice serves as the only International Trade Commission (ITC), Commerce made ministerial errors by reminder to importers of their Commerce is issuing antidumping duty mischaracterizing the destination codes responsibility under 19 CFR orders on carbon and alloy steel wire in the final margin program in the Spain 351.402(f)(2) to file a certificate rod (wire rod) from Italy, the Republic Final Determination. Additionally, regarding the reimbursement of of Korea (Korea), Spain, the Republic of CELSA alleges that Commerce failed to antidumping duties prior to liquidation Turkey (Turkey), and the United deduct all applicable U.S. constructed of the relevant entries during this Kingdom. In addition, Commerce is review period. Failure to comply with amending its affirmative final 1 See Carbon and Alloy Steel Wire Rod From Italy: this requirement could result in the Final Determination of Sales at Less Than Fair determinations for Spain and Turkey to Value, 83 FR 13230 (March 28, 2018); Carbon and presumption that reimbursement of correct ministerial errors. Alloy Steel Wire Rod From the Republic of Korea: antidumping duties occurred and the DATES: Applicable May 21, 2018. Final Affirmative Determination of Sales at Less subsequent assessment of doubled Than Fair Value and Final Negative Determination FOR FURTHER INFORMATION CONTACT: antidumping duties. of Critical Circumstances, 83 FR 13228 (March 28, Mark Flessner at (202) 482–6312 (Italy), 2018) and the accompanying Issues and Decision Notification Regarding Administrative Lingjun Wang at (202) 482–2316 Memorandum; Carbon and Alloy Steel Wire Rod From Spain: Final Determination of Sales at Less Protective Order (Korea), Chelsey Simonovich or Davina Than Fair Value, and Final Determination of Friedmann at (202) 482–1979 or (202) Critical Circumstances, in Part, 83 FR 13233 (March This notice also serves as the only 482–0698 (Spain), Ryan Mullen or Ian 28, 2018) (Spain Final Determination) and the reminder to parties subject to Hamilton at (202) 482–5260 and (202) accompanying Issues and Decision Memorandum; administrative protective orders (APO) Carbon and Alloy Steel Wire Rod from Turkey: 482–4798, respectively (Turkey), and Final Determination of Sales at Less Than Fair of their responsibility concerning the Alice Maldonado at (202) 482–4682 Value and Final Negative Determination of Critical disposition of proprietary information (United Kingdom), AD/CVD Operations, Circumstances, 83 FR 13249 (March 28, 2018) disclosed under APO in accordance Enforcement and Compliance, (Turkey Final Determination) and the accompanying Issues and Decision Memorandum; with 19 CFR 351.305(a)(3), which International Trade Administration, Carbon and Alloy Steel Wire Rod from the United continues to govern business Department of Commerce, 1401 Kingdom: Final Affirmative Determination of Sales proprietary information in this segment Constitution Avenue NW, Washington, at Less Than Fair Value and Final Affirmative of the proceeding. Timely written DC 20230. Determination of Critical Circumstances, 83 FR 13252 (March 28, 2018) and the accompanying notification of the return or destruction SUPPLEMENTARY INFORMATION: Issues and Decision Memorandum. of APO materials or conversion to 2 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel judicial protective order is hereby Background Wire Rod From the Republic of Turkey: Ministerial requested. Failure to comply with the In accordance with sections 735(a), Error Allegation,’’ dated March 27, 2018. regulations and the terms of an APO is 3 See Memorandum, ‘‘Antidumping Duty 735(d) and 777(i)(1) of the Tariff Act of Investigation of Carbon and Alloy Steel Wire Rod a sanctionable violation. 1930, as amended (Act), and 19 CFR From Turkey: Allegation of Ministerial Error in the This notice is issued and published in 351.210(c), on March 28, 2018, Final Determination,’’ dated April 13, 2018. accordance with sections 751(a)(1) and Commerce published its affirmative 4 See Petitioner’s Letter, ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Turkey: Comments 777(i)(1) of the Act and 19 CFR final determinations in the less-than- on the Department’s Ministerial Error 351.213(d)(4). fair-value (LTFV) investigations of wire Memorandum,’’ dated April 17, 2018.

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export price (CEP) expenses in the respondent, Icdas Celik Enerji Tersane determinations in these investigations, margin calculation program.5 ve Ulasim Sanayi A.S. (Icdas),9 we are in which it found that an industry in the On May 11, 2018, the ITC notified revising the ‘‘all-others’’ rate, which United States is materially injured by Commerce of its affirmative final changes from 6.34 percent ad valorem to reason of imports of wire rod from Italy, determinations that an industry in the 6.44 percent ad valorem, consistent Korea, Spain, Turkey, and the United United States is materially injured with section 735(c)(5)(A) of the Act, as Kingdom.14 Therefore, in accordance within the meaning of section stated in the Turkey Final with section 735(c)(2) of the Act, we are 705(b)(1)(A)(i) and 705(d) of the Act, by Determination.10 issuing these antidumping duty orders. reason of LTFV imports of subject With respect to the Spain Final Because the ITC determined that merchandise from Italy, Korea, Spain, Determination, Commerce reviewed the imports of wire rod from Italy, Korea, Turkey, and the United Kingdom, and record and agrees that the errors Spain, Turkey, and the United Kingdom its determinations that critical identified by CELSA constitute are materially injuring a U.S. industry, circumstances do not exist with respect ministerial errors within the meaning of unliquidated entries of such to imports of wire rod from Spain and section 735(e) of the Act and 19 CFR merchandise from Italy, Korea, Spain, the United Kingdom that are subject to 351.224(f) and that it unintentionally Turkey, and the United Kingdom, Commerce’s affirmative critical incorrectly defined CELSA’s U.S. entered or withdrawn from warehouse 6 circumstances findings. destination codes in the final margin for consumption, are subject to the Scope of the Orders calculation program.11 Commerce also assessment of antidumping duties. finds that it unintentionally failed to The product covered by these orders Therefore, in accordance with section deduct one of CELSA’s CEP expenses in is wire rod from Italy, Korea, Spain, 736(a)(1) of the Act, Commerce will the final margin calculation program.12 Turkey, and the United Kingdom. For a direct U.S. Customs and Border complete description of the scope of the Therefore, pursuant to 19 CFR Protection (CBP) to assess, upon further orders, see the Appendix to this notice. 351.224(e), Commerce is amending the instruction by Commerce, antidumping Spain Final Determination to reflect the duties equal to the amount by which the Amendments to Final Determinations correction of ministerial errors made in normal value of the merchandise With respect to the Turkey Final the margin calculation for CELSA, exceeds the export price (or constructed Determination, Commerce reviewed the which changes the final margin from export price) of the merchandise, for all record and agrees that the error 11.08 percent to 10.11 percent. In relevant entries of wire rod from Italy, identified by the petitioner with respect addition, because the ‘‘all-others’’ rate Korea, Spain, Turkey, and the United to the placement of the revised in the Spain Final Determination was Kingdom. Antidumping duties will be programming language constitutes a based on the estimated weighted- assessed on unliquidated entries of wire ministerial error within the meaning of average dumping margin calculated for rod from Italy, Korea, Spain, Turkey, section 735(e) of the Act and 19 CFR CELSA,13 Commerce, consistent with and the United Kingdom entered, or 351.224(f).7 Therefore, pursuant to 19 section 735(c)(5)(A) of the Act, is also withdrawn from warehouse, for CFR 351.224(e), Commerce is amending amending the ‘‘all-others’’ rate, which consumption on or after October 31, the Turkey Final Determination to changes from 11.08 percent ad valorem 2017, the date of publication of the reflect the correction of this ministerial to 10.11 percent ad valorem, as stated in Preliminary Determinations.15 the Spain Final Determination. error in the calculation of the final Estimated Weighted-Average Dumping margin assigned to Habas, which Antidumping Duty Orders Margins changes from 4.74 percent to 4.93 percent.8 In addition, because the ‘‘all- In accordance with sections The estimated weighted-average others’’ rate is based on the margins for 735(b)(1)(A)(i) and 735(d) of the Act, the antidumping duty margin percentages Habas and the other mandatory ITC notified Commerce of its final and cash deposit rates are as follows:

Exporter/producer Weighted-average dumping margins

Italy: Ferriere Nord S.p.A./Acciaierie di Verona S.p.A16 ...... 12.41 Ferriera Valsider S.p.A ...... 18.89 All-Others ...... 12.41 Korea: POSCO ...... 41.10

5 See CELSA’s Letter, ‘‘Antidumping Duty 10 See Memorandum, ‘‘Antidumping Duty Fair Value, and Preliminary Negative Investigation of Carbon and Alloy Steel Wire Rod Investigation of Carbon and Alloy Steel Wire Rod Determination of Critical Circumstances, 82 FR From Spain: Ministerial Errors Contained in the From Turkey: Calculation of All-Others’ Rate in 50386 (October 31, 2017); Carbon and Alloy Steel Final Determination,’’ dated April 3, 2018. Amended Final Determination,’’ dated May 16, Wire Rod from Spain: Preliminary Affirmative 6 See Letter from the ITC to the Honorable Gary 2018. Determination of Sales at Less Than Fair Value and Taverman, May 11, 2018 (Notification of ITC Final 11 See Memorandum, ‘‘Antidumping Duty Preliminary Determination of Critical Determinations); see also Carbon and Certain Alloy Investigation of Carbon and Alloy Steel Wire Rod Circumstances, in Part, 82 FR 50389 (October 31, Steel Wire Rod From Italy, Korea, Spain, Turkey, From Spain: Ministerial Error Memorandum,’’ 2017); Carbon and Alloy Steel Wire Rod from and the United Kingdom, Investigation Nos. 701– dated May 15, 2018. TA–573–574 and 731–TA–1350, 1351, 1354, 1355, Turkey: Preliminary Affirmative Determination of 12 and 1358 (Final) (May 2018). Id. Sales at Less Than Fair Value, and Preliminary 13 7 See Memorandum, ‘‘Antidumping Duty See Spain Final Determination. Negative Determination of Critical Circumstances, Investigation of Carbon and Alloy Steel Wire Rod 14 See Notification of ITC Final Determinations. 82 FR 50377 (October 31, 2017); Carbon and Alloy From Turkey: Allegation of Ministerial Error 15 See Carbon and Alloy Steel Wire Rod from Steel Wire Rod from the United Kingdom: Memorandum for the Amended Final Italy: Preliminary Affirmative Determination of Preliminary Affirmative Determination of Sales at Determination,’’ dated May 16, 2018. Sales at Less Than Fair Value, 82 FR 50381 Less Than Fair Value, and Preliminary Affirmative 8 Id. at 3–4. (October 31, 2017); Carbon and Alloy Steel Wire Determination of Critical Circumstances, 82 FR 9 Icdas’ final margin remains unchanged; see Rod from the Republic of Korea: Preliminary 50394 (October 31, 2017) (collectively, Preliminary Turkey Final Determination, 83 FR at 13250. Affirmative Determination of Sales at Less Than Determinations).

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Exporter/producer

All-Others ...... 41.10 Spain: Global Steel Wire S.A./CELSA Atlantic S.A./Companõ«a Espan˜ola de Laminacio«n ...... 10.11 ArcelorMittal Espana S.A ...... 32.64

All-Others ...... 10.11

Weighted-average Cash-deposit rate dumping margins (adjusted for (percent) export subsidies) (percent)

Turkey: Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ...... 4.93 1.05 Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ...... 7.94 4.15

All-Others ...... 6.44 2.59

Weighted-average dumping margins

United Kingdom: British Steel Limited ...... 147.63 Longs Steel UK Limited ...... 147.63 All-Others ...... 147.63

Continuation of Suspension of where exporters representing a Federal Register. Suspension of Liquidation significant proportion of exports of the liquidation will resume on the date of In accordance with section subject merchandise request that publication of the ITC’s final 735(c)(1)(B) of the Act, Commerce will Commerce extend the four-month determinations in the Federal Register. period to no more than six months. At instruct CBP to continue to suspend Critical Circumstances liquidation of all relevant entries of wire the request of exporters that account for a significant proportion of wire rod from rod from Italy, Korea, Spain, Turkey, The ITC notified Commerce of its Italy, Korea, Spain, Turkey, and the and the United Kingdom, effective the determinations that critical United Kingdom, Commerce extended date of publication of the ITC’s notice of circumstances do not exist with respect the four-month period to six months in final determinations in the Federal to imports of wire rod from Spain and each case.18 Commerce published the Register. These instructions suspending the United Kingdom subject to Preliminary Determinations for all five liquidation will remain in effect until Commerce’s critical circumstances underlying investigations on October further notice. finding.19 With regard to the ITC’s 31, 2017. Therefore, the extended Commerce will also instruct CBP to negative critical circumstances period, beginning on the date of require cash deposits equal to the determinations on imports of subject publication of the Preliminary merchandise from Spain and the United amounts as indicated below, which are Determinations, ended on April 28, Kingdom, Commerce will instruct CBP adjusted for certain countervailable 2018. Furthermore, section 737(b) of the to lift suspension and to refund any export subsidies, where appropriate. Act states that the collection of final, cash deposits made to secure the Accordingly, effective on the date of estimated cash deposits will begin on payment of estimated antidumping publication of the ITC’s final affirmative the date of publication of the ITC’s final duties with respect to entries of subject injury determinations in the Federal injury determinations. merchandise entered, or withdrawn Register, CBP will require, at the same Therefore, in accordance with section from warehouse, for consumption on or time as importers would normally 733(d) of the Act and our practice, after August 2, 2017 (i.e., 90 days prior deposit estimated duties on the subject Commerce will instruct CBP to to the date of publication of the merchandise, a cash deposit equal to the terminate the suspension of liquidation Preliminary Determinations), but before weighted-average dumping margins, and to liquidate, without regard to October 31, 2017, (i.e., the date of adjusted for countervailable export antidumping duties, unliquidated publication of the Preliminary subsidies, where appropriate, listed entries of wire rod from Italy, Korea, 17 Determinations). below. The relevant ‘‘all-others’’ rates Spain, Turkey, and the United Kingdom apply to all producers or exporters not entered, or withdrawn from warehouse, Notification to Interested Parties specifically listed below. for consumption after April 28, 2018, Provisional Measures the final day on which the provisional This notice constitutes the measures were in effect in these antidumping orders with respect to wire Section 733(d) of the Act states that proceedings, until and through the day rod from Italy, Korea, Spain, Turkey, the suspension of liquidation pursuant preceding the date of publication of the and the United Kingdom, pursuant to to an affirmative preliminary ITC’s final injury determinations in the section 736(a) of the Act. Interested determination may not remain in effect parties can find a list of antidumping for more than four months, except 18 See Carbon and Alloy Steel Wire Rod from duty orders currently in effect at http:// Italy, the Republic of Korea, Spain, Turkey, and the enforcement.trade.gov/stats/ 16 Ferriere Nord S.p.A. and Acciaierie di Verona United Kingdom: Postponement of Final iastats1.html. S.p.A. were treated as a single entity for the final Determinations of Less-Than-Fair-Value determination. Investigation and Extension of Provisional 17 See section 736(a)(3) of the Act. Measures, 82 FR 51613 (November 7, 2017). 19 Notification of ITC Final Determinations.

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These amended final determinations DEPARTMENT OF COMMERCE Commerce’s calculation of the final ad and orders are issued and published in valorem subsidy rate pertaining to accordance with sections 735(e) and International Trade Administration Ferriere Nord S.p.A.2 One of the 736(a) of the Act and 19 CFR 351.211(b) [C–475–837; C–489–832] petitioners, Nucor Corporation (Nucor), and 351.224(e) and (f). filed rebuttal comments regarding Carbon and Alloy Steel Wire Rod From Ferriere Nord S.p.A.’s allegation on Dated: May 16, 2018. Italy and the Republic of Turkey: April 2, 2018.3 Gary Taverman, Amended Final Affirmative Also on March 27, 2018, Nucor Deputy Assistant Secretary for Antidumping Countervailing Duty Determination for alleged that Commerce made a and Countervailing Duty Operations, the Republic of Turkey and performing the non-exclusive functions and ministerial error in the Wire Rod from Countervailing Duty Orders for Italy Turkey Final Determination.4 In duties of the Assistant Secretary for and the Republic of Turkey Enforcement and Compliance. addition, on that same date, the AGENCY: Enforcement and Compliance, Government of Turkey (GOT) alleged Appendix International Trade Administration, that Commerce made a ministerial error Scope of the Orders Department of Commerce. in the Wire Rod from Turkey Final Determination.5 Nucor filed rebuttal SUMMARY: Based on affirmative final The products covered by these orders are comments regarding the GOT’s certain hot-rolled products of carbon steel determinations by the Department of allegation on April 2, 2018.6 and alloy steel, in coils, of approximately Commerce (Commerce) and the round cross section, less than 19.00 mm in International Trade Commission (ITC), We reviewed the allegations and actual solid cross-sectional diameter. Commerce is issuing the countervailing determined that we did not make Specifically excluded are steel products duty (CVD) orders on carbon and alloy ministerial errors, within the meaning of possessing the above-noted physical steel wire rod (wire rod) from Italy and section 705(e) of the Act and 19 CFR characteristics and meeting the Harmonized the Republic of Turkey (Turkey). Also, 351.224(f), with respect to the Wire Rod Tariff Schedule of the United States (HTSUS) as explained in this notice, Commerce is from Italy Final Determination; definitions for (a) stainless steel; (b) tool amending its final affirmative however, we did make a ministerial steel; (c) high-nickel steel; (d) ball bearing determination with respect to Turkey to error in the Wire Rod from Turkey Final steel; or (e) concrete reinforcing bars and correct the rates assigned to Habas Sinai Determination. See ‘‘Amendment to the rods. Also excluded are free cutting steel Ve Tibbi Gazlar Istih (Habas) and All- Final Determination’’ section below for (also known as free machining steel) Others. further discussion. products (i.e., products that contain by DATES: Applicable May 21, 2018. On May 11, 2018, the ITC notified weight one or more of the following Commerce of its affirmative elements: 0.1 percent or more of lead, 0.05 FOR FURTHER INFORMATION CONTACT: determination that an industry in the percent or more of bismuth, 0.08 percent or Yasmin Bordas at (202) 482–3813 (Italy), United States is materially injured more of sulfur, more than 0.04 percent of Justin Neuman at (202) 482–0486 phosphorous, more than 0.05 percent of (Turkey), or Omar Qureshi at (202) 482– within the meaning of section selenium, or more than 0.01 percent of 5307 (Turkey), AD/CVD Operations, 705(b)(1)(A)(i) and 705(d) of the Act, by tellurium). All products meeting the physical Enforcement and Compliance, reason of subsidized imports of subject description of subject merchandise that are International Trade Administration, merchandise from Italy and Turkey, and not specifically excluded are included in this U.S. Department of Commerce, 1401 its determination that critical scope. Constitution Avenue NW, Washington, circumstances do not exist with respect The products under these orders are DC 20230. to imports of wire rod from Turkey that currently classifiable under subheadings SUPPLEMENTARY INFORMATION: are subject to Commerce’s affirmative 7 7213.91.3011, 7213.91.3015, 7213.91.3020, critical circumstances finding. 7213.91.3093; 7213.91.4500, 7213.91.6000, Background 7213.99.0030, 7227.20.0030, 7227.20.0080, In accordance with sections 705(a), 2 See Letter from Ferriere Nord, S.p.A., 7227.90.6010, 7227.90.6020, 7227.90.6030, 705(d), and 777(i) of the Tariff Act of ‘‘Countervailing Duty Investigation of Carbon and Alloy Steel Wire Rod from Italy: Ferriere Nord and 7227.90.6035 of the HTSUS. Products 1930, as amended (Act), and 19 CFR Request to Correct Ministerial Errors in the Final entered under subheadings 7213.99.0090 and 351.210(c), on March 28, 2018, Determination,’’ dated March 27, 2018. 7227.90.6090 of the HTSUS also may be Commerce published its affirmative 3 See Letter from Nucor, ‘‘Carbon and Alloy Steel included in this scope if they meet the final determinations that Wire Rod from the Republic of Italy: Rebuttal physical description of subject merchandise Ministerial Error Comments,’’ dated April 2, 2018. countervailable subsidies are being 4 above. Although the HTSUS subheadings are See Letter from Nucor, ‘‘Carbon and Alloy Steel provided to producers and exporters of Wire Rod from the Republic of Turkey: Ministerial provided for convenience and customs wire rod from Italy and Turkey.1 Error Allegation,’’ dated March 27, 2018 (Nucor purposes, the written description of the On March 27, 2018, Ferriere Nord Ministerial Error Allegation). scope of these proceedings is dispositive. S.p.A. alleged that Commerce made 5 See Letter from the GOT, ‘‘Request of Government of Turkey for Correction of Ministerial [FR Doc. 2018–10879 Filed 5–18–18; 8:45 am] ministerial errors in the Wire Rod from Error on Final Determination in CVD Proceeding on BILLING CODE 3510–DS–P Italy Final Determination with regard to Carbon and Alloy Steel Wire Rod from the Republic of Turkey,’’ dated March 27, 2018 (GOT Ministerial 1 See Countervailing Duty Investigation of Carbon Error Allegation). and Alloy Steel Wire Rod from Italy: Final 6 See Letter from Nucor, ‘‘Carbon and Alloy Steel Affirmative Determination, 83 FR 13242 (March 28, Wire Rod from the Republic of Turkey: Rebuttal 2018) (Wire Rod from Italy Final Determination) Ministerial Error Comments,’’ dated April 2, 2018 and the accompanying Issues and Decision (Nucor Rebuttal Comments). Memorandum; Carbon and Alloy Steel Wire Rod 7 See Letters to Gary Taverman, Acting Assistant from the Republic of Turkey: Final Affirmative Secretary of Commerce for Enforcement and Countervailing Duty Determination, and Final Compliance, from Rhonda K. Schmidtlein, Affirmative Critical Circumstances Determination, Chairman of the U.S. International Trade in Part, 83 FR 13239 (March 28, 2018) (Wire Rod Commission, regarding carbon and alloy steel wire from Turkey Final Determination) and the rod from Italy and the Republic of Turkey (May 11, accompanying Issues and Decision Memorandum. 2018) (ITC Letter).

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Scope of the Orders merchandise from Italy and Turkey, The scope of these orders covers wire entered or withdrawn from warehouse rod from Italy and Turkey. For a for consumption, are subject to the WIRE ROD FROM TURKEY assessment of countervailing duties. complete description of the scope, see Subsidy the Appendix to this notice. Therefore, in accordance with section Company rate 706(a) of the Act, Commerce will direct (%) Amendment to the Final Determination U.S. Customs and Border Protection With respect to the Wire Rod from (CBP) to assess, upon further instruction Habas Sinai Ve Tibbi Gazlar Istih Italy Final Determination, we analyzed by Commerce, countervailing duties for (Habas) ...... 3.88 Ferriere Nord S.p.A.’s submission and all relevant entries of wire rod from Italy Icdas Celik Eberji Tersane Ve Ulasim San (Icdas) ...... 3.81 disagree that Commerce made and Turkey. Countervailing duties will All-Others ...... 3.85 ministerial errors regarding the benefit be assessed on unliquidated entries of calculation of the Energy Interruptibility wire rod from Italy and Turkey entered, Provisional Measures Contracts program.8 or withdrawn from warehouse, for With respect to the Wire Rod from consumption on or after September 5, Section 703(d) of the Act states that Turkey Final Determination, we 2017, the date of publication of the instructions issued pursuant to an analyzed Nucor’s submission and agree Preliminary Determinations,12 but will affirmative preliminary determination that Commerce made a ministerial error not include entries occurring after the may not remain in effect for more than regarding the deduction of expenses expiration of the provisional measures four months. In the underlying from loans received by respondent period and before publication of the investigations, Commerce published the Habas Sinai ve Tibbi Galzlar Istihsal ITC’s final injury determination as Preliminary Determinations on Endustrisi A.S. (Habas). However, we do further described below. September 5, 2017. As such, the four- not agree that the error alleged by the month period beginning on the date of GOT constitutes a ministerial error. Amended Cash Deposits and the publication of the Preliminary Pursuant to 19 CFR 351.224(e), Suspension of Liquidation Determinations ended on January 3, Commerce is amending the Wire Rod 2018. Furthermore, section 707(b) of the In accordance with section 706 of the Act states that definitive duties are to from Turkey Final Determination to Act, we will instruct CBP to suspend reflect the correction of the ministerial begin on the date of publication of the liquidation on all relevant entries of ITC’s final injury determination. error described above. The correction of wire rod from Italy and Turkey, as this ministerial error increased Habas’ Therefore, in accordance with section further described below. These 703(d) of the Act and our practice, we subsidy rate from 3.86 percent ad instructions suspending liquidation will valorem to 3.88 percent ad valorem.9 instructed CBP to terminate the remain in effect until further notice. suspension of liquidation and to Because the ‘‘all-others’’ rate is based, in Commerce will also instruct CBP to part, on Habas’ ad valorem subsidy rate, liquidate, without regard to require cash deposits equal to the countervailing duties, unliquidated the correction noted above also amounts as indicated below. increases the ‘‘all-others’’ rate entries of wire rod from Italy and Accordingly, effective on the date of Turkey entered, or withdrawn from determined in the Wire Rod from publication of the ITC’s final affirmative Turkey Final Determination from 3.84 warehouse, for consumption, on or after injury determinations, CBP will require, January 3, 2018, the date the provisional percent ad valorem to 3.85 percent ad at the same time as importers would measures expired, until and through the valorem.10 normally deposit estimated duties on day preceding the date of publication of Countervailing Duty Orders this subject merchandise, a cash deposit the ITC’s final injury determination in equal to the subsidy rates listed below.13 the Federal Register. Suspension of On May 11, 2018, in accordance with The all-others rate applies to all sections 705(b)(1)(A)(i) and 705(d) of the liquidation will resume on the date of producers or exporters not specifically publication of the ITC’s final Act, the ITC notified Commerce of its listed, as appropriate. final determinations in these determination in the Federal Register. investigations, in which it found that an Critical Circumstances WIRE ROD FROM ITALY industry in the United States is The ITC notified Commerce of its materially injured by reason of imports Subsidy determination that critical 11 of wire rod from Italy and Turkey. Company rate circumstances do not exist with respect Therefore, in accordance with section (%) to imports of wire rod from Turkey 705(c)(2) of the Act, Commerce is subject to Commerce’s critical Ferriere Nord S.p.A 14 ...... 4.16 issuing these countervailing duty circumstances finding.15 With regard to Ferriera Valsider S.p.A ...... 44.18 orders. Because the ITC determined that the ITC’s negative critical circumstances All-Others ...... 4.16 imports of wire rod from Italy and determination on imports of wire rod Turkey are materially injuring a U.S. steel from Turkey, we will instruct CBP industry, unliquidated entries of such 12 See Carbon and Alloy Steel Wire Rod from to lift suspension and to refund any Italy: Preliminary Affirmative Countervailing Duty cash deposits made to secure the 8 See Memorandum, ‘‘Countervailing Duty Determination, 82 FR 41931 (September 5, 2017) payment of estimated countervailing Investigation of Carbon and Alloy Steel Wire Rod (Italy Wire Rod Preliminary Determination) and the from Italy: Allegations of Ministerial Errors in the accompanying Preliminary Decision Memorandum; duties with respect to entries of the Final Determination with Regards to Ferriere Nord see also Carbon and Alloy Steel Wire Rod from the S.p.A.,’’ dated May 7, 2018. Republic of Turkey: Preliminary Affirmative 14 Commerce has found the following companies 9 See Memorandum, ‘‘Carbon and Alloy Steel Countervailing Duty Determination and Preliminary to be cross-owned with Ferriere Nord S.p.A: FIN Wire Rod from the Republic of Turkey: Amended Affirmative Critical Circumstances Determination, FER S.p.A., Acciaierie di Verona S.p.A., and SIAT Final Determination of Countervailing Duty in Part., 82 FR 41929 (September 5, 2017) (Turkey S.p.A. See Wire Rod From Italy Final Determination Investigation Pursuant to Ministerial Error Wire Rod Preliminary Determination) and the (unchanged from Italy Wire Rod Preliminary Allegation,’’ dated May 3, 2018. accompanying Preliminary Decision Memorandum Determination and the accompanying Preliminary 10 Id. (collectively, Preliminary Determinations). Decision Memorandum at 6). 11 See ITC Letter. 13 See section 706(a)(3) of the Act. 15 See ITC Letter.

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subject merchandise entered, or purposes, the written description of the Centralized Electronic Service System withdrawn from warehouse for scope of these proceedings is dispositive. (ACCESS). ACCESS is available to consumption on or after June 7, 2017 [FR Doc. 2018–10880 Filed 5–18–18; 8:45 am] registered users at http:// (i.e., 90 days prior to the date of the BILLING CODE 3510–DS–P access.trade.gov, and is available to all publication of the Turkey Wire Rod parties in the Central Records Unit, Preliminary Determination), but before room B8024 of the main Department of September 5, 2017 (i.e., the date of DEPARTMENT OF COMMERCE Commerce building. In addition, a publication of the Turkey Wire Rod complete version of the Issues and Preliminary Determination). International Trade Administration Decision Memorandum can be accessed [C–533–880] directly at http://enforcement.trade.gov/ Notifications to Interested Parties frn/. The signed and electronic versions This notice constitutes the Polytetrafluoroethylene Resin From of the Issues and Decision countervailing duty orders with respect India: Final Affirmative Countervailing Memorandum are identical in content. to wire rod from Italy and Turkey Duty Determination Scope of the Investigation pursuant to section 706(a) of the Act. AGENCY: Enforcement and Compliance, The product covered by this Interested parties can find a list of International Trade Administration, investigation is PTFE resin from India. countervailing duty orders currently in Department of Commerce. For a complete description of the scope effect at http://enforcement.trade.gov/ SUMMARY: The Department of Commerce of this investigation, see Appendix I. stats/iastats1.html. (Commerce) determines that Scope Comments These orders are issued and published countervailable subsidies are being in accordance with section 706(a) of the provided to producers and exporters of In accordance with the Preliminary Act and 19 CFR 351.211(b). polytetrafluoroethylene resin (PTFE Scope Decision Memorandum,3 Commerce provided parties an Dated: May 16, 2018. resin) from India. The period of opportunity to provide comments on all Gary Taverman, investigation is April 1, 2016, through March 31, 2017. issues regarding product coverage, (i.e., Deputy Assistant Secretary, for Antidumping scope). Although certain interested DATES: Applicable May 21, 2018. and Countervailing Duty Operations, parties commented on the scope of the performing the non-exclusive functions and FOR FURTHER INFORMATION CONTACT: investigation as it appeared in the duties of the Assistant Secretary for Toby Vandall, Emily Halle, or Aimee 4 Enforcement and Compliance. Initiation Notice, we preliminarily Phelan, AD/CVD Operations, Office I, made no modifications to the scope of Appendix Enforcement and Compliance, the investigation.5 No parties International Trade Administration, commented on our Preliminary Scope Scope of the Orders U.S. Department of Commerce, 1401 Decision Memorandum. As a result, in The products covered by these orders are Constitution Avenue NW, Washington, this final determination, we are certain hot-rolled products of carbon steel DC 20230; telephone: (202) 482–1664, adopting the preliminary decision not to and alloy steel, in coils, of approximately (202) 482–0176, or (202) 482–0697, modify the scope language. round cross section, less than 19.00 mm in respectively. Methodology actual solid cross-sectional diameter. SUPPLEMENTARY INFORMATION: Specifically excluded are steel products Commerce conducted this possessing the above-noted physical Background investigation in accordance with section characteristics and meeting the Harmonized This final determination is made in 701 of the Act. For each of the subsidy Tariff Schedule of the United States (HTSUS) programs found countervailable, we definitions for (a) stainless steel; (b) tool accordance with section 705 of the steel; (c) high-nickel steel; (d) ball bearing Tariff Act of 1930, as amended (the Act). determine that there is a subsidy, i.e., a steel; or (e) concrete reinforcing bars and Commerce published the Preliminary financial contribution by an ‘‘authority’’ rods. Also excluded are free cutting steel Determination of this investigation on that gives rise to a benefit to the (also known as free machining steel) March 8, 2018.1 For a complete recipient, and that the subsidy is products (i.e., products that contain by description of the events that followed specific.6 weight one or more of the following the publication of the Preliminary The subsidy programs under elements: 0.1 percent or more of lead, 0.05 Determination, see the Issues and investigation, and the issues raised in percent or more of bismuth, 0.08 percent or Decision Memorandum issued the case and rebuttal briefs submitted by more of sulfur, more than 0.04 percent of concurrently with this notice.2 A list of the parties, are discussed in the Issues phosphorous, more than 0.05 percent of topics discussed in the Issues and and Decision Memorandum. A list of selenium, or more than 0.01 percent of Decision Memorandum is included as the issues that parties raised, and to tellurium). All products meeting the physical which we responded in the Issues and description of subject merchandise that are Appendix II to this notice. The Issues and Decision Memorandum is a public Decision Memorandum, is attached to not specifically excluded are included in this this notice at Appendix II. scope. document and is on file electronically The products under these orders are via Enforcement and Compliance’s 3 See Memorandum, ‘‘Polytetrafluoroethylene currently classifiable under subheadings Antidumping and Countervailing Duty Resin from India and the People’s Republic of 7213.91.3011, 7213.91.3015, 7213.91.3020, China: Scope Comments Decision Memorandum for 7213.91.3093; 7213.91.4500, 7213.91.6000, 1 See Polytetrafluoroethylene Resin from India: the Preliminary Determinations,’’ dated February 7213.99.0030, 7227.20.0030, 7227.20.0080, Preliminary Affirmative Countervailing Duty 28, 2018 (Preliminary Scope Decision 7227.90.6010, 7227.90.6020, 7227.90.6030, Determination, 83 FR 9842 (March 8, 2018) Memorandum). and 7227.90.6035 of the HTSUS. Products (Preliminary Determination) and accompanying 4 See Polytetrafluoroethylene Resin from India: entered under subheadings 7213.99.0090 and Preliminary Decision Memorandum. Initiation of Countervailing Duty Investigation, 82 2 FR 49592 (October 26, 2017) (Initiation Notice). 7227.90.6090 of the HTSUS also may be See Memorandum, ‘‘Decision Memorandum for the Final Determination in the Countervailing Duty 5 See Preliminary Scope Decision Memorandum. included in this scope if they meet the Investigation of Polytetrafluoroethylene Resin from 6 See sections 771(5)(B) and (D) of the Act physical description of subject merchandise India,’’ dated concurrently with, and hereby regarding financial contribution; section 771(5)(E) above. Although the HTSUS subheadings are adopted by, this notice (Issues and Decision of the Act regarding benefit; and section 771(5A) of provided for convenience and customs Memorandum). the Act regarding specificity.

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In making these findings, we relied, in Subsidy rate instruction by Commerce, part, on facts available and, because the Company (percent) countervailing duties on all imports of government of India did not act to the the subject merchandise entered, or best of its ability to respond to our Gujarat Fluorochemicals Lim- withdrawn for warehouse, for requests for information, we drew an ited (GFL) ...... 3.60 consumption on or after the effective All-Others ...... 3.60 adverse inference where appropriate in date of the suspension of liquidation, as selecting from among the facts discussed above in the ‘‘Continuation of Disclosure otherwise available.7 For further Suspension of Liquidation’’ section. information, see ‘‘Use of Facts Commerce intends to disclose its Notification Regarding Administrative Otherwise Available and Adverse calculations and analysis performed to Protective Orders Inferences’’ in the Issues and Decision interested parties in this final Memorandum. determination within five days of its In the event the ITC issues a final public announcement of our final negative injury determination, this Changes Since the Preliminary determination in accordance with 19 notice serves as the only reminder to Determination CFR 351.224(b). parties subject to an APO of their responsibility concerning the Based on our review and analysis of Continuation of Suspension of the comments received from parties, Liquidation destruction of proprietary information and minor corrections presented at disclosed under APO in accordance verification, we made certain changes to In accordance with section 703(d) of with 19 CFR 351.305(a)(3). Timely the respondent’s sales figures and the Act, we will instruct U.S. Customs written notification of the return or subsidy rate calculations since the and Border Protection (CBP) to continue destruction of APO materials, or Preliminary Determination. For a to suspend liquidation of all appropriate conversion to judicial protective order, discussion of these changes, see the entries of PTFE resin from India as is hereby requested. Failure to comply Issues and Decision Memorandum and described in Appendix I to this notice, with the regulations and terms of an the Final Calculation Memorandum.8 that were entered, or withdrawn from APO is a violation subject to sanction. warehouse, for consumption, on or after This determination is issued and All-Others Rate March 8, 2018, the date of publication published pursuant to sections 705(d) Section 705(c)(5)(A) of the Act of the Preliminary Determination in the and 777(i) of the Act. Federal Register. Furthermore, we will provides that in the final determination, Dated: May 14, 2018. Commerce shall determine an estimated instruct CBP to require a cash deposit Gary Taverman, all-others rate for companies not for such entries of merchandise at the individually examined. This rate shall rates shown above, pursuant to section Deputy Assistant Secretary for Antidumping 705(c)(1)(B)(ii) of the Act. and Countervailing Duty Operations, be an amount equal to the weighted performing the non-exclusive functions and average of the estimated subsidy rates U.S. International Trade Commission duties of the Assistant Secretary for established for those companies (ITC) Notification Enforcement and Compliance. individually examined, excluding any zero and de minimis rates and any rates In accordance with section 705(d) of Appendix I the Act, we will notify the ITC of our based entirely under section 776 of the Scope of the Investigation final affirmative countervailing duty Act. The product covered by this investigation Commerce calculated an individual (CVD) determination. In addition, we are making available to the ITC all non- is polytetrafluoroethylene (PTFE) resin, estimated countervailable subsidy rate including but not limited to granular, for Gujarat Fluorochemicals Limited privileged and nonproprietary dispersion, or coagulated dispersion (also (GFL),9 the only individually examined information related to this investigation. known as fine powder). PTFE is covered by exporter/producer in this investigation. We will allow the ITC access to all the scope of this investigation whether filled Because the only individually privileged and business proprietary or unfilled, whether or not modified, and calculated rate is not zero, de minimis, information in our files, provided the whether or not containing co-polymer additives, pigments, or other materials. Also or based entirely on facts otherwise ITC confirms that it will not disclose such information, either publicly or included is PTFE wet raw polymer. The available, the countervailable subsidy chemical formula for PTFE is C2F4, and the rate calculated for GFL is the rate under an administrative protective order (APO), without the written consent of Chemical Abstracts Service Registry number assigned to all-other producers and is 9002–84–0. exporters, pursuant to section the Assistant Secretary for Enforcement PTFE further processed into micropowder, 705(c)(5)(A)(i) of the Act. and Compliance. having particle size typically ranging from 1 Because the final determination in to 25 microns, and a melt-flow rate no less Final Determination this proceeding is affirmative, in than 0.1 gram/10 minutes, is excluded from Commerce determines that the accordance with section 705(b) of the the scope of this investigation. following countervailable subsidy rates Act, the ITC will make its final PTFE is classified in the Harmonized Tariff exist: determination regarding whether the Schedule of the United States (HTSUS) under domestic industry in the United States subheadings 3904.61.0010 and 3904.61.0090. Subject merchandise may also be classified 7 is materially injured, or threatened with See sections 776(a) and (b) of the Act. under HTSUS subheading 3904.69.5000. 8 material injury, by reason of imports of See Memorandum, ‘‘Final Determination Although the HTSUS subheadings and CAS Calculations for Gujarat Fluorochemicals Limited,’’ PTFE resin from India no later than 45 Number are provided for convenience and dated concurrently with this notice (Final days after our final determination. If the Customs purposes, the written description of Calculation Memorandum). ITC determines that material injury or 9 As discussed in the Preliminary Determination, the scope is dispositive. see Preliminary Decision Memorandum at 5–6, threat of material injury does not exist, Commerce found Inox Leasing and Finance Limited the proceeding will be terminated and Appendix II to be cross-owned with GFL within the meaning of all cash deposits will be refunded. If the List of Topics Discussed in the Issues and 19 CFR 351.525(b)(6)(iii). No parties commented on ITC determines that such injury does Decision Memorandum this preliminary finding. Accordingly, our finding of cross-ownership remains unchanged for this final exist, Commerce will issue a CVD order I. Summary determination. directing CBP to assess, upon further II. Background

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III. Scope Comments Enforcement and Compliance, destruction of proprietary information IV. Scope of the Investigation International Trade Administration, disclosed under an APO in accordance V. Subsidies Valuation U.S. Department of Commerce, 1401 with 19 CFR 351.305(a)(3). Timely VI. Benchmarks and Discount Rates VII. Use of Facts Otherwise Available and Constitution Avenue NW, Washington, written notification of the return/ Adverse Inferences DC 20230; telephone (202) 482–4793. destruction of APO materials or VIII. Analysis of Programs SUPPLEMENTARY INFORMATION: conversion to judicial protective order is IX. Discussion of the Issues hereby requested. Failure to comply Comment 1: Whether Commerce is Background with the regulations and terms of an Conducting this Investigation in On January 3, 2018, Commerce APO is a violation which is subject to Accordance with its Obligations published the CVD order on softwood sanction. Comment 2: Commerce’s Application of 1 This notice is issued and published in AFA for the GOI’s Failure to Provide lumber from Canada. Subsequently, Requested Information Commerce received requests for an accordance with 19 CFR 351.214(f)(3) Comment 3: Whether Commerce Should expedited review from 34 companies. In and 351.214(k)(3). Use GFL’s Corrections Presented at accordance with 19 CFR 351.214(k), Dated: May 15, 2018. Verification Commerce initiated an expedited review James Maeder, Comment 4: Whether EPCGS Continues to of the CVD order on softwood lumber Associate Deputy Assistant Secretary for Confer a Countervailable Benefit from Canada for those companies that Comment 5: Whether the GOI Maintains a Antidumping and Countervailing Duty requested a review and published the Operations performing the duties of Deputy Reasonable or Effective Input 2 Verification System for AAP Initiation Notice on March 8, 2018. Assistant Secretary for Antidumping and Comment 6: Whether GFL Has a Reliable Between March 2 and May 7, 2018, Countervailing Duty Operations. Commerce received letters from 25 AAP Database Attachment Comment 7: Whether Commerce’s Decision companies withdrawing their requests to find SHIS Countervailable is in for an expedited review.3 For a listing of Below is the list of companies that Accordance with its Statutory the companies that withdrew their withdrew their requests for an Obligations expedited review requests, see expedited review of the countervailing Comment 8: Whether Commerce Should Attachment to this notice. duty order on softwood lumber from Use GFL’s Minor Correction to the Canada. Electricity Duty Exemption for Wind Partial Rescission of the Expedited (1) Olympic Industries, Inc. Power Review Comment 9: Whether GFL Received a (2) Hainesville Sawmill Ltd. Countervailable Benefit from SGOG Pursuant to 19 CFR 351.214(f)(1), (3) Ivor Forest Products Ltd. Preferential Water Rates Commerce will rescind the expedited (4) Haida Forest Products Ltd. Comment 10: Countervailability of review for any company that withdraws (5) Maibec Inc. Renewable Energy Certificates its request for an expedited review (6) Canadian Bavarian Millwork and Lumber (7) Cedarline Industries Ltd. Comment 11: Whether a Tier-One within 60 days after the date of Benchmark is Appropriate for SGOG (8) Deep Cove Forest Products Inc. Provision of Land for LTAR publication of the notice of initiation. (9) Aquila Cedar Products Ltd. Comment 12: Whether MEIS is Tied to The Initiation Notice for this expedited (10) Delco Forest Products Ltd. Non-Subject Merchandise review was published on March 8, (11) Devon Lumber Co. Ltd. Comment 13: Whether GFL Received a 2018.4 The withdrawals of review (12) H.J. Crabbe & Sons Ltd. Benefit from Income Tax Exemption (80– requests were timely filed within the 60- (13) Marwood Ltd. IA) and Section 32AC (32AC) of the day deadline. Therefore, in accordance (14) MP Atlantic Wood Ltd. Income Tax Act with 19 CFR 351.214(f)(1), we are (15) 752615 B.C. Ltd., Fraserview X. Conclusion rescinding the expedited review of the Remanufacturing Inc., Gillwood Lumber, dba Fraserview Cedar Products [FR Doc. 2018–10780 Filed 5–18–18; 8:45 am] CVD order on softwood lumber from BILLING CODE 3510–DS–P (16) Mate´riaux Blanchet Inc. Canada with respect to the 25 (17) Central Cedar Ltd. companies listed in the Attachment. (18) Leslie Forest Products Ltd. The expedited review will continue DEPARTMENT OF COMMERCE (19) Rielly Lumber Inc. with respect to all other firms for which (20) Antrim Cedar Corporation International Trade Administration a review was initiated. (21) Chaleur Sawmills LP (22) North Enderby Timber Ltd. [C–122–858] Notification Regarding Administrative (23) Pacific Lumber Remanufacturing Inc. Protective Order (24) Power Wood Corp. Certain Softwood Lumber Products This notice serves as a reminder to (25) Canyon Lumber Company Ltd. From Canada: Partial Rescission of parties subject to administrative [FR Doc. 2018–10779 Filed 5–18–18; 8:45 am] Expedited Review of the protective order (APO) of their BILLING CODE 3510–DS–P Countervailing Duty Order responsibility concerning the return or AGENCY: Enforcement and Compliance, International Trade Administration, 1 See Certain Softwood Lumber Products from DEPARTMENT OF COMMERCE Department of Commerce. Canada: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, International Trade Administration SUMMARY: The Department of Commerce 83 FR 347 (January 3, 2018). (Commerce) is partially rescinding the 2 See Certain Softwood Lumber Products from [A–570–983] expedited review of the countervailing Canada: Initiation of Expedited Review of the duty order (CVD) on certain softwood Countervailing Duty Order, 83 FR 9833 (March 8, Drawn Stainless Steel Sinks From the 2018) (Initiation Notice). lumber products (softwood lumber) People’s Republic of China: Final 3 The withdrawal of expedited review request Results of the Antidumping Duty from Canada for the period January 1, letters are available via Enforcement and 2015, through December 31, 2015. Compliance’s Antidumping and Countervailing Administrative Review; 2016–2017 DATES: Applicable May 21, 2018. Duty Centralized Electronic Service System (ACCESS), which is available at http:// AGENCY: Enforcement and Compliance, FOR FURTHER INFORMATION CONTACT: access.trade.gov. International Trade Administration, Kristen Johnson, AD/CVD Operations, 4 See Initiation Notice. Department of Commerce.

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SUMMARY: The Department of Commerce Memorandum.2 Commence conducted Changes Since the Preliminary Results (Commerce) finds that certain this administrative review in Based on our analysis of the companies covered by this accordance with section 751 of the comments received, we made no administrative review made sales of Tariff Act of 1930, as amended (the Act). changes to our Preliminary Results. drawn stainless steel sinks (drawn Commerce exercised its discretion to Final Determination of No Shipments sinks) from the People’s Republic of toll all deadlines affected by the closure China (China) at less than normal value. of the Federal Government from January In the Preliminary Results, Commerce DATES: Applicable May 21, 2018. 20 through 22, 2018. If the new deadline preliminarily determined that B&R, Xinhe, Superte, and Zhuhai KOHLER FOR FURTHER INFORMATION CONTACT: falls on a non-business day, in had no shipments of subject accordance with Commerce’s practice, Rebecca Janz or Ajay Menon, AD/CVD merchandise during the POR.5 We the deadline will become the next Operations, Office II, Enforcement and received no comments since the Compliance, International Trade business day. The revised deadline for issuance of the Preliminary Results on Administration, U.S. Department of the final results of this review is now this issue. Thus, we continue to 3 Commerce, 1401 Constitution Avenue May 8, 2018. determine that B&R, Xinhe, Superte, NW, Washington, DC 20230; telephone: Scope of the Order and Zhuhai KOHLER had no shipments (202) 482–2972 and (202) 482–1993, of subject merchandise during the POR, respectively. The products covered by the order and we intend to issue appropriate SUPPLEMENTARY INFORMATION: include drawn stainless steel sinks. instructions to U.S. Customs and Border Imports of subject merchandise are Protection (CBP) that are consistent with Background currently classified under the our ‘‘automatic assessment’’ The final results of this administrative Harmonized Tariff Schedule of the clarification for these final results of review cover two mandatory United States (HTSUS) subheadings review.6 respondents, Feidong Import and Export 7324.10.0000 and 7324.10.0010. Separate Rate Respondents Co., Ltd. (Feidong), and Foshan Although the HTSUS subheadings are In the Preliminary Results, we found Zhaoshun Trade Co., Ltd (Zhaoshun). provided for convenience and customs that evidence provided by KaiPing, New We continue to determine that neither purposes, the written description of the Shichu, New Star, and Ningbo Afa mandatory respondent qualifies for a 4 scope of the order is dispositive. supported finding an absence of both de separate rate, and, therefore, both are jure and de facto government control; considered part of the China-wide Analysis of Comments Received therefore, we preliminarily granted a entity. Additionally, we continue to All issues raised in the case and separate rate to each of these include two companies that failed to rebuttal briefs are addressed in the companies.7 We received no comments demonstrate their entitlement to a Issues and Decision Memorandum. A since the issuance of the Preliminary separate rate (i.e., Jiangmen Hongmao list of the issues which parties raised Results on this issue with respect to Trading Co., Ltd. (Hongmao) and Yuyao and to which we respond in the Issues these companies. Therefore, Commerce Afa Kitchenware Co., Ltd. (Yuyao)) as and Decision Memorandum is attached continues to find that KaiPing, New part of the China-wide entity. We also to this notice as an Appendix. The Shichu, New Star, and Ningbo Afa meet continue to grant separate rates to the the criteria for a separate rate. following companies which were not Issues and Decision Memorandum is a public document and is on file With respect to Hongmao, Yuyao, and selected for individual examination: Zhaoshun, we preliminarily determined Jiangmen New Star Hi-Tech Enterprise electronically via Enforcement and Compliance’s Antidumping and that these companies failed to establish Ltd. (New Star); KaiPing Dawn 8 Countervailing Duty Centralized their entitlement to a separate rate. We Plumbing Products, Inc. (KaiPing); received no comments since the Guangdong New Shichu Import and Electronic Service System (ACCESS). ACCESS is available to registered users issuance of the Preliminary Results on Export Company Limited (New Shichu); this issue with respect to these and Ningbo Afa Kitchen and Bath Co., at https://access.trade.gov, and it is available to all parties in the Central companies. Therefore, Commerce Ltd. (Ningbo Afa). Finally, we continue continues to find that Hongmao, Yuyao, Records Unit, Room B8024 of the main find that B&R Industries Limited (B&R); and Zhaoshun are not eligible for a Department of Commerce building. In Xinhe Stainless Steel Products Co., Ltd. separate rate and are part of the China- addition, a complete version of the (Xinhe); Zhongshan Superte wide entity. Kitchenware Co., Ltd. (Superte); and Issues and Decision Memorandum can With respect to Feidong, we Zhuhai KOHLER Kitchen & Bathroom be accessed directly at http://trade.gov/ preliminarily determined that Feidong Products Co., Ltd. (Zhuhai KOHLER) enforcement. The signed Issues and failed to demonstrate an absence of de made no shipments of subject Decision Memorandum and the facto government control, and, thus, merchandise during the period of electronic version of the Issues and Commerce did not grant Feidong a review (POR) April 1, 2016, through Decision Memorandum are identical in separate rate.9 For these final results, we March 31, 2017. content. continue to find that Feidong failed to On January 5, 2018, Commerce demonstrate an absence of de facto published the Preliminary Results.1 For 2 See Memorandum, ‘‘Decision Memorandum for government control based on record events occurring after the Preliminary the Final Results of the Antidumping Duty evidence. Accordingly, we continue to Administrative Review: Drawn Stainless Steel Sinks Results, see the Issues and Decision from the People’s Republic of China,’’ issued concurrently with and hereby adopted by this 5 See Preliminary Results, 83 FR at 658. 6 1 See Drawn Stainless Steel Sinks from the notice (Issues and Decision Memorandum). See Non-Market Economy Antidumping People’s Republic of China: Preliminary Results of 3 See Memorandum, ‘‘Deadlines Affected by the Proceedings: Assessment of Antidumping Duties, 76 the Antidumping Duty Administrative Review and Shutdown of the Federal Government.’’ dated FR 65694, 65694–95 (October 24, 2011); see also Preliminary Determination of No Shipments; 2016– January 23, 2018. All deadlines in this segment of ‘‘Assessment Rates’’ section of this notice. 2017, 83 FR 658 (January 5, 2018) (Preliminary the proceeding have been extended by three days. 7 See Preliminary Results, 83 FR at 658–659. Results), and accompanying Preliminary Decision 4 For a complete description of the Scope of the 8 Id. Memorandum (PDM). Order, see Issues and Decision Memorandum. 9 Id. at 659.

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find that Feidong is not eligible for a entity is not subject to change as a result entered, or withdrawn from warehouse, separate rate and is part of the China- of this review. for consumption on or after the wide entity. For further discussion of Final Results of the Review publication date, as provided for by this issue, see the accompanying Issues section 751(a)(2)(C) of the Act: (1) For and Decision Memorandum. We continue to determine that the the companies listed above that have a following weighted-average dumping Rate for Non-Examined Separate Rate separate rate, the cash deposit rate will margins exist for the period April 1, be that rate established in the final Respondents 2016, through March 31, 2017: results of this review; (2) for previously In the Preliminary Results, consistent with our recent practice, we Weighted- investigated or reviewed China and non- preliminarily assigned the non-selected average China exporters that received a separate Exporter dumping rate in a prior segment of this companies a weighted-average dumping margin margin of 1.78 percent (i.e., the most (percent) proceeding, the cash deposit rate will recently assigned separate rate in this continue to be the existing exporter- proceeding) 10 because we did not Guangong New Shichu Import specific rate; (3) for all China exporters calculate any individual rates or assign and Export Company Limited 1.78 of subject merchandise that have not a rate based on facts available during KaiPing Dawn Plumbing Prod- been found to be entitled to a separate this review.11 No parties commented on ucts, Inc ...... 1.78 rate, the cash deposit rate will be the Jiangmen New Star Hi-Tech En- the methodology for calculating this terprise Ltd ...... 1.78 rate for China-wide entity, which is separate rate. Therefore, in these final Ningbo Afa Kitchen and Bath 76.45 percent; and (4) for all non-China results of the review, we continue to Co., Ltd ...... 1.78 exporters of subject merchandise which assign a rate of 1.78 percent for those have not received their own rate, the companies that were not individually Assessment Rates cash deposit rate will be the rate examined and are eligible for a separate Pursuant to section 751(a)(2)(C) of the applicable to China exporter(s) that rate. These companies, KaiPing, New supplied that non-China exporter. These Shichu, New Star, and Ningbo Afa, are Act and 19 CFR 351.212(b), Commerce has determined, and CBP shall assess, deposit requirements, when imposed, also listed below in the section entitled shall remain in effect until further ‘‘Final Results of the Review.’’ antidumping duties on all appropriate entries of subject merchandise in notice. Final Results of the Review accordance with the final results of this Notification to Importers In the Preliminary Results, Commerce review. Commerce intends to issue preliminarily found that Feidong, appropriate assessment instructions This notice also serves as a final Hongmao, Yuyao, and Zhaoshun were directly to CBP 15 days after publication reminder to importers of their not eligible for a separate rate, and of the final results of this administrative responsibility under 19 CFR 351.402(f) therefore, were part of China-wide review. to file a certificate regarding the entity, subject to the China-wide entity For the above-listed respondents reimbursement of antidumping and/or rate of 76.45 percent.12 Because the which were not selected for individual countervailing duties prior to status of these companies has not examination in this administrative liquidation of the relevant entries review and qualified for a separate rate, changed since the Preliminary Results, during this POR. Failure to comply with we will instruct CBP to assess dumping we continue to find that they are this requirement could result in duties at the rate of 1.78 percent. ineligible for a separate rate and are part Commerce’s presumption that of the China-wide entity. Because no For Feidong, Hongmao, Yuyao, and Zhaoshun, because Commerce reimbursement of antidumping and/or party requested a review of the China- countervailing duties occurred and the wide entity and Commerce no longer determined that these companies did subsequent assessment of doubled considers the China-wide entity as an not qualify for a separate rate, we will antidumping duties. exporter conditionally subject to instruct CBP to assess dumping duties administrative reviews,13 we did not on all entries of subject merchandise Notification Regarding Administrative conduct a review of the China-wide during the POR which were produced Protective Order entity. Thus, the rate for the China-wide and/or exported by these companies at a rate of 76.45 percent. This notice also serves as a reminder 10 See Drawn Stainless Steel Sinks from the For B&R, Superte, Xinhe, and Zhuhai to parties subject to administrative People’s Republic of China: Final Results of KOHLER, because Commerce protective order (APO) of their Antidumping Duty Administrative Review and determined that these companies had no responsibility concerning the return or Final Determination of No Shipments; 2015–2016, shipments of the subject merchandise 82 FR 28639, 28640 (June 23, 2017). destruction of proprietary information during the POR, any suspended entries 11 See, e.g., Certain Frozen Warmwater Shrimp disclosed under APO in accordance of subject merchandise from these from the Socialist Republic of Vietnam: Preliminary with 19 CFR 351.305(a)(3), which Results of Antidumping Duty Administrative companies will be liquidated at China- continues to govern business Review; 2015–2016, 81 FR 62717 (September 12, wide rate.14 2016), and accompanying Preliminary Decision proprietary information in this segment Memorandum at 10–11, unchanged in Certain Cash Deposit Requirements of the proceeding. Timely written Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Final Results of Antidumping The following cash deposit notification of the return or destruction Duty Administrative Review; 2015–2016, 82 FR requirements will be effective upon of APO materials, or conversion to 11431 (February 23, 2017). publication of the final results of this judicial protective order, is hereby 12 See Preliminary Results, and accompanying administrative review for all shipments requested. Failure to comply with the PDM, at 8–11. regulations and terms of an APO is a 13 See Antidumping Proceedings: Announcement of the subject merchandise from China of Change in Department Practice for Respondent violation which is subject to sanction. Selection in Antidumping Duty Proceedings and 14 For a full discussion of this practice, see Non- This notice is published in Conditional Review of the Nonmarket Economy Market Economy Antidumping Proceedings: Entity in NME Antidumping Duty Proceedings, 78 Assessment of Antidumping Duties, 76 FR 65694 accordance with sections 751(a)(l) and FR 65963, 65969–70 (November 4, 2013). (October 24, 2011). 777(i)(l) of the Act.

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Dated: May 8, 2018. Respondent’s Obligation: Required to marine debris. The MDP is a centralized Gary Taverman, obtain or retain benefits. office within NOAA that coordinates Deputy Assistant Secretary for Antidumping This information collection request and supports activities, both within the and Countervailing Duty Operations, may be viewed at reginfo.gov. Follow bureau and with other federal agencies, performing the non-exclusive functions and the instructions to view Department of which address marine debris and its duties of the Assistant Secretary for Commerce collections currently under impacts. In addition to inter-agency Enforcement and Compliance. review by OMB. coordination, the MDP uses Appendix Written comments and partnerships with state and local recommendations for the proposed agencies, tribes, non-governmental List of Topics Discussed in the Issues and information collection should be sent organizations, academia, and industry to Decision Memorandum within 30 days of publication of this investigate and solve the problems that I. Summary notice to OIRA_Submission@ stem from marine debris through II. Background omb.eop.gov or fax to (202) 395–5806. research, prevention, and reduction III. Scope of the Order Dated: May 16, 2018. activities, in order to protect and IV. Discussion of the Issues conserve our nation’s marine Comment 1. Feidong’s Separate Rate Status Sarah Brabson, V. Recommendation environment and ensure navigation NOAA PRA Clearance Officer. safety. [FR Doc. 2018–10697 Filed 5–18–18; 8:45 am] [FR Doc. 2018–10747 Filed 5–18–18; 8:45 am] The Marine Debris Research, BILLING CODE 3510–DS–P BILLING CODE 3510–08–P Prevention, and Reduction Act (33 U.S.C. 1951 et seq.) as amended by the Marine Debris Act Amendments of 2012 DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE (Pub. L. 112–213, Title VI, Sec. 603, 126 Stat. 1576, December 20, 2012) outlines National Oceanic and Atmospheric National Oceanic and Atmospheric Administration three central program components for Administration the MDP to undertake: (1) Mapping, Submission for OMB Review; Proposed Information Collection; identification, impact assessment, Comment Request Comment Request; NOAA Marine removal, and prevention; (2) reducing Debris Program Performance Progress and preventing fishing gear loss; and (3) The Department of Commerce will Report outreach to stakeholders and the general submit to the Office of Management and public. To address these components, Budget (OMB) for clearance the AGENCY: National Oceanic and the Marine Debris Act authorized the following proposal for collection of Atmospheric Administration (NOAA), MDP to establish several competitive information under the provisions of the Commerce. grant programs on marine debris Paperwork Reduction Act (44 U.S.C. ACTION: Notice. research, prevention and removal that Chapter 35). provide federal funding to non-federal Agency: National Oceanic and SUMMARY: The Department of applicants throughout the coastal Atmospheric Administration (NOAA). Commerce, as part of its continuing United States and territories. Title: Deep Seabed Mining effort to reduce paperwork and The terms and conditions of the Exploration Licenses. respondent burden, invites the general financial assistance awarded through OMB Control Number: 0648–0145. public and other Federal agencies to these grant programs require regular Form Number(s): None. take this opportunity to comment on progress reporting and communication Type of Request: Regular (extension of proposed and/or continuing information of project accomplishments to MDP. a currently approved information collections, as required by the Progress reports contain information collection) Paperwork Reduction Act of 1995. related to, among other things, the Number of Respondents: One. DATES: Written comments must be overall short and long-term goals of the Average Hours per Response: Annual submitted on or before July 20, 2018. project, project methods and monitoring reports, 40 hours; extension techniques, actual accomplishments ADDRESSES: applications, 100 hours (every five Direct all written comments (such as pounds of debris removed from years, annualized to 20 hours). to Jennifer Jessup, Departmental an ecosystem, numbers of volunteers Burden Hours: 60. Paperwork Clearance Officer, participating in a cleanup project, etc.), Needs and Uses: This request is for Department of Commerce, Room 6616, status of approved activities, challenges extension of a currently approved 14th and Constitution Avenue NW, or potential roadblocks to future information collection. Washington, DC 20230 (or via the progress, and lessons learned. This NOAA’s regulations at 15 CFR 970 internet at [email protected]). information collection enables MDP to govern the issuing and monitoring of FOR FURTHER INFORMATION CONTACT: monitor and evaluate the activities exploration licenses under the Deep Requests for additional information or supported by federal funds to ensure Seabed Hard Mineral Resources Act. copies of the information collection accountability to the public and to Any persons seeking a license must instrument and instructions should be ensure that funds are used consistent submit certain information that allows directed to Tom Barry at 240–533–0425 with the purpose for which they were NOAA to ensure the applicant meets the or [email protected]. appropriated. It also ensures that standards of the Act. Persons with SUPPLEMENTARY INFORMATION: reported information is standardized in licenses are required to conduct such a way that allows for it to be monitoring and make reports, and they I. Abstract meaningfully synthesized across a may request revisions, transfers, or This request is for extension of an diverse set of projects and project types. extensions of licenses. existing information collection. MDP uses the information collected in Affected Public: Business or other for- The NOAA Marine Debris Program a variety of ways to communicate with profit organizations. (MDP) supports national and federal and non-federal partners and Frequency: Annually and every five international efforts to research, stakeholders on individual project and years. prevent, and reduce the impacts of general program accomplishments.

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The MDP operates within the Office Budget (OMB) for clearance the trip, and zip code. A mail-survey mode of Response and Restoration as part of following proposal for collection of will be used for the follow-up NOAA’s National Ocean Service. information under the provisions of the questionnaire. The mail survey Paperwork Reduction Act (44 U.S.C. instrument will combine a selection of II. Method of Collection Chapter 35). questions from a previously OMB- Respondents to this collection may Agency: National Oceanic and approved survey instrument used in choose to submit electronically or in Atmospheric Administration (NOAA). Orange County, California with new paper format. Title: Preliminary Case Study contingent behavior questions III. Data Assessing Economic Benefits of Marine developed specifically for this study to Debris Reduction. determine the impact of the presence of OMB Control Number: 0648–0718. OMB Control Number: 0648–0756. marine debris on respondents’ Form Number(s): None. Form Number(s): None. Type of Review: Regular submission recreation choices. This data collection Type of Request: Regular (revision of will determine the impact of marine (extension of an existing information a currently approved information collection). debris on survey respondents’ recreation collection). choices at these seven coastal Affected Public: Business or other for- Number of Respondents: 1,600. profit organizations, not-for-profit Average Hours per Response: On-site communities and represents the first institutions, state, local or tribal intercept, 2 minutes; full survey, 10 component to be undertaken as part of government. minutes. the larger study. Estimated Number of Respondents: Burden Hours: 729. Affected Public: Individuals or 70. Needs and Uses: This request is for households. Estimated Time per Response: 10 revision of a currently approved Frequency: One time. hours (semi-annually). information collection. A pretest was Respondent’s Obligation: Voluntary. Estimated Total Annual Burden conducted at one site, and the survey is This information collection request Hours: 1,400. now being extended to 4 sites. may be viewed at reginfo.gov. Follow Estimated Total Annual Cost to The National Ocean Service, Office of the instructions to view Department of Public: $0 in recordkeeping/reporting Response and Restoration, Marine Commerce collections currently under costs. Debris Program is sponsoring this data review by OMB. IV. Request for Comments collection. The Marine Debris Program Written comments and was created under the 2006 ‘‘Marine recommendations for the proposed Comments are invited on: (a) Whether Debris Research, Prevention, and information collection should be sent the proposed collection of information Reduction Act’’ (33 U.S.C. 1951 et seq.) within 30 days of publication of this is necessary for the proper performance which was reauthorized in 2012 as the notice to OIRA_Submission@ of the functions of the agency, including ‘‘Marine Debris Act Amendments of omb.eop.gov or fax to (202) 395–5806. whether the information shall have 2012’’ (H.R. 1171) as part of the Coast Dated: May 16, 2018. practical utility; (b) the accuracy of the Guard Maritime Transportation Act agency’s estimate of the burden Sarah Brabson, (H.R. 2838). Among other activities, the NOAA PRA Clearance Officer. (including hours and cost) of the bill requires NOAA ‘‘. . . to address the [FR Doc. 2018–10746 Filed 5–18–18; 8:45 am] proposed collection of information; (c) adverse impacts of marine debris on the ways to enhance the quality, utility, and United States economy . . .’’ To that BILLING CODE 3510–JE–P clarity of the information to be aim, the proposed data collection will collected; and (d) ways to minimize the support the goals of a larger study DEPARTMENT OF COMMERCE burden of the collection of information whose purpose is to develop a regional on respondents, including through the economic model to estimate the value to Patent and Trademark Office use of automated collection techniques local economies of increased spending or other forms of information on recreation and tourism from the Generic Clearance for the Collection of technology. reduction or elimination of marine Qualitative Feedback on Agency Comments submitted in response to debris on beaches in seven coastal Service Delivery this notice will be summarized and/or communities of the continental U.S. The included in the request for OMB data collection will consist of on-site ACTION: Proposed collection; comment approval of this information collection; sampling to generate a pool of request. they also will become a matter of public respondents who will be sent a mail record. SUMMARY: survey that asks questions related to The United States Patent and Dated: May 16, 2018. beach attributes, local beach familiarity, Trademark Office (USPTO), as required Sarah Brabson, number of beach trips taken, and ratings by the Paperwork Reduction Act of NOAA PRA Clearance Officer. of marine debris encountered while on 1995, invites comments on a proposed extension of an existing information [FR Doc. 2018–10748 Filed 5–18–18; 8:45 am] these trips. Onsite sampling will involve collection; 0651–0080: Qualitative BILLING CODE 3510–JE–P intercepting people at several beaches in each study area and asking them to Feedback on Agency Service Delivery. participate in a mail survey. For those DATES: Written comments must be DEPARTMENT OF COMMERCE willing to take the mail survey, a brief submitted on or before July 20, 2018. onsite interview will ask the ADDRESSES: You may submit comments National Oceanic and Atmospheric respondent’s name and mailing address, by any of the following methods: Administration as well as several demographic • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0080: Generic Submission for OMB Review; questions such as age and education. Clearance comment’’ in the subject line Comment Request Those who do not agree to participate in the mail survey will only be asked the of the message. The Department of Commerce will demographic questions, whether they • Federal Rulemaking Portal: http:// submit to the Office of Management and participated in a single or multi-day www.regulations.gov.

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• Mail: Marcie Lovett, Director, convey their experience with USPTO informing influential policy decisions; Records and Information Governance programs. This collection will also and Division, Office of the Chief Technology provide insights into customer or • Information gathered will yield Officer, United States Patent and stakeholder perceptions, experiences, qualitative information; the collections Trademark Office, P.O. Box 1450, and expectations, which will allow the are not designed or expected to yield Alexandria, VA 22313–1450. Agency to focus attention on areas statistically reliable results nor used as FOR FURTHER INFORMATION CONTACT: where communication, training, or though the results are generalizable to Requests for additional information changes in operations may be necessary. the population of study. should be directed to Marcie Lovett, Improving Agency programs requires As a general matter, these information Director, Records and Information ongoing assessment. The Agency will collections will not result in any new Governance Division, Office of the Chief collect, analyze, and interpret system of records containing privacy Technology Officer, United States information gathered to identify information and will not ask questions Patent and Trademark Office, P.O. Box strengths and weaknesses of current of a sensitive nature. 1450, Alexandria, VA 22313–1450; by services. Based on feedback received, telephone at 571–272–8123; or by email the Agency will identify operational II. Method of Collection to [email protected] with changes needed to improve programs The USPTO uses surveys, focus ‘‘Paperwork’’ in the subject line. and services. The solicitation of groups, interviews, questionnaires, and Additional information about this feedback will target areas such as: usability testing to collect feedback from collection can be found at http:// Timeliness, appropriateness, accuracy its customers. These may be conducted www.reginfo.gov under ‘‘Information of information, courtesy, efficiency of via telephone, through electronic Collection Review.’’ service delivery, and resolution of means, or in person. The USPTO SUPPLEMENTARY INFORMATION: issues with service delivery. The expects customers will respond to the Agency is committed to hearing I. Abstract questionnaires and surveys primarily feedback from its customers. Responses through electronic means, and to the Executive Order 12862 (http:// will be assessed to identify service areas focus groups, interviews, and usability www.archives.gov/federal-register/ in need of improvement. If this testing primarily in person. executive-orders/pdf/12862.pdf) directs information is not collected, then the Federal agencies to provide services to Agency will miss opportunities to III. Data the public that matches or exceeds the obtain vital feedback from its customers OMB Number: 0651–0080. best services available in the private and stakeholders on ways to improve IC Instruments and Forms: The sector. In order to work continuously to their program and services. individual instruments in this ensure that its programs are effective The Agency will only submit a collection, as well as their associated and meet its customers’ needs, the collection for approval under this forms, are listed in the table below. United States Patent and Trademark generic clearance if it meets the Type of Review: Regular. Office (hereafter ‘‘USPTO’’ or ‘‘the following conditions: Affected Public: Individuals and Agency’’) proposes the following • The collection is voluntary; households; businesses or other for- generic clearance to collect qualitative • The collection is low-burden for profits; and not-for-profit institutions. feedback on its service delivery. respondents (based on considerations of Qualitative feedback refers to total burden hours, total number of Estimated Number of Respondents: information that provides useful respondents, or burden-hours per 143,000 responses per year. insights on perceptions and opinions, respondent) and are low-cost for both Estimated Time per Response: but is not in the form of statistical the respondents and the Federal Between 3 minutes (0.05 hours) and 120 surveys which yield quantitative results Government; minutes (2 hours), depending on the that can be generalized to the • The collection is noncontroversial instruments used and the item being population of study. and does not raise issues of concern to completed. Collecting feedback will allow for the other Federal agencies; Estimated Total Annual Respondent Agency to have a pulse on customer • Any collection is targeted to the Burden Hours: 18,475 hours. satisfaction and adjust where necessary solicitation of opinions from Estimated Total Annual Respondent to meet and exceed expectations. This respondents who have experience with (Hourly) Cost Burden: $4,387,986.75. feedback collection will provide for the program or may have experience The USPTO expects that attorneys, ongoing, collaborative, and actionable with the program in the near future; paralegals and pro se applicants will communication between the Agency • Personally identifiable information complete these applications. The and its customers and stakeholders. It (PII) is collected only to the extent professional hourly rate for attorneys is also will enable the Agency to garner necessary and is not retained; $438, and the hourly rates for paralegals customer and stakeholder feedback in • Information gathered will only be and pro se applicants are $145 and $30, an efficient and timely manner, in used internally for general program and respectively. The average of the accordance with the USPTO’s service improvement as well as program combined respondent rate is $204.33. commitment to improving services. The administrative purposes, and is not Using this blended hourly rate, the information collected from Agency intended for release outside the Agency; USPTO estimates that the total customers and stakeholders will help • Information gathered will not be respondent cost burden for this ensure users have an opportunity to used for the purpose of substantially collection is $4,387,986.75 per year.

Estimated time for Estimated Estimated Rate IC No. Information collection item response annual annual burden (S/hr) (minutes) responses hours

(a) (b) (a) x (b) = (c)

1 ...... Customer Surveys ...... 5 40,000 3,333.33 $204.33

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Estimated time for Estimated Estimated Rate IC No. Information collection item response annual annual burden (S/hr) (minutes) responses hours

(a) (b) (a) x (b) = (c)

2 ...... Questionnaires/Customer Comment Cards/Complaint 5 600 50.00 $204.33 Forms. 3 ...... Focus Groups/Interviews ...... 15 500 125.00 $204.33 4 ...... Small Discussion Groups ...... 120 400 800.00 $204.33 5 ...... Usability Tests (In-person observation (i.e., Website/Soft- 30 1,000 500.00 $204.33 ware). 6 ...... ForeSee Surveys (USPTO.GOV) ...... 10 100,000 16,666.67 $204.33

Total ...... 143,000 18,475 ...... (Three- (429,000) (55,425) Year Period).

Estimated Total Annual (Non-hour) ACTION: Proposed extension of an States Patent and Trademark Office Respondent Cost Burden: $0. There are existing information collection; (USPTO) charges fees for maintaining in no capital start-up, maintenance, comment request. force all utility patents based on postage, recordkeeping costs, or any applications filed on or after December other fees associated with this SUMMARY: The United States Patent and 12, 1980. Payment of these maintenance Trademark Office (USPTO), as part of its information collection. fees is due at 31⁄2, 71⁄2, and 111⁄2 years continuing effort to reduce paperwork after the date the patent was granted. If IV. Request for Comments and respondent burden, invites the the USPTO does not receive payment of Comments are invited on: general public and other Federal the appropriate maintenance fee and (a) Whether the proposed collection of agencies to comment on proposed and/ any applicable surcharge within a grace information is necessary for the proper or continuing information collections, period of six months following each of performance of the functions of the as required by the Paperwork Reduction the above due dates (at 4, 8, or 12 years agency, including whether the Act of 1995. after the date of grant), the patent will information shall have practical utility; DATES: Written comments must be expire at that time. After a patent (b) the accuracy of the agency’s submitted on or before July 20, 2018. expires, it is no longer enforceable. estimate of the burden (including hours ADDRESSES: Written comments may be Maintenance fees are not required for and cost) of the proposed collection of submitted by any of the following design, plant, or reissue patents if the information; methods: patent being reissued did not require • (c) ways to enhance the quality, Email: InformationCollection@ maintenance fees. utility, and clarity of the information to uspto.gov. Include ‘‘0651–0016 Rules for Payments of maintenance fees that are be collected; and Patent Maintenance Fees’’ in the subject submitted during the six-month grace (d) ways to minimize the burden of line of the message. period before patent expiration must • Mail: Marcie Lovett, Director, the collection of information on include the appropriate surcharge as Records and Information Governance respondents, e.g., the use of automated indicated by 37 CFR 1.20(h). Division, Office of the Chief Technology collection techniques or other forms of Submissions of maintenance fee Officer, United States Patent and information technology. Comments payments and surcharges must include Trademark Office, P.O. Box 1450, submitted in response to this notice will the relevant patent number and the Alexandria, VA 22313–1450. be summarized or included in the • corresponding United States application Federal Rulemaking Portal: http:// number in order to identify the correct request for OMB approval of this www.regulations.gov. information collection; they also will patent and ensure proper crediting of become a matter of public record. FOR FURTHER INFORMATION CONTACT: the fee being paid. Requests for additional information If the USPTO refuses to accept and Marcie Lovett, should be directed to Raul Tamayo, record a maintenance fee payment that Records Management Division Director, Senior Legal Advisor, Office of Patent was submitted prior to the expiration of USPTO, Office of the Chief Information Legal Administration, United States a patent, the patentee may petition the Officer. Patent and Trademark Office (USPTO), Director to accept and record the [FR Doc. 2018–10768 Filed 5–18–18; 8:45 am] P.O. Box 1450, Alexandria, VA 22313– maintenance fee under 37 CFR 1.377. BILLING CODE 3510–16–P 1450; by telephone at 571–272–7728; or This petition must be accompanied by by email at [email protected] the fee indicated in 37 CFR 1.17(g), with ‘‘Paperwork’’ in the subject line. which may be refunded if it is DEPARTMENT OF COMMERCE Additional information about this determined that the refusal to accept the maintenance fee was due to an error by Patent and Trademark Office collection is also available at http:// www.reginfo.gov under ‘‘Information the USPTO. Proposed Collection; Comment Collection Review.’’ If a patent has expired due to Request; ‘‘Rules for Patent SUPPLEMENTARY INFORMATION: nonpayment of a maintenance fee, the Maintenance Fees’’ patentee may petition the Director to I. Abstract accept a delayed payment of the AGENCY: United States Patent and Under 35 U.S.C. § 41 and 37 CFR maintenance fee under 37 CFR 1.378. Trademark Office, Commerce. 1.20(e)–(h) and 1.362–1.378, the United The Director may accept the payment of

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a maintenance fee after the expiration of properly received by the applicant, CFR 1.378(d). Both may be submitted in the patent if the petitioner shows to the patentee, assignee, or authorized paper and electronic format. satisfaction of the Director that the delay representative. If a separate fee address Customers may submit maintenance in payment was unintentional. Petitions is not specified for a patent or fee payments and surcharges incurred to accept unintentionally delayed application, the USPTO will direct fee- during the six-month grace period payment must also be accompanied by related correspondence to the before patent expiration by using the the required maintenance fee and the correspondence address of record. Maintenance Fee Transmittal Form petition fee as set forth in 37 CFR The USPTO offers forms to assist the (PTO/SB/45) or by paying online 1.17(m). If the Director accepts the public with providing information through the USPTO website. However, maintenance fee payment upon petition, covered by this collection, including the to pay a maintenance fee after patent then the patent is reinstated. If the information necessary to submit a expiration, the maintenance fee USPTO denies a petition to accept patent maintenance fee payment (PTO/ payment and the petition fee as set forth delayed payment of a maintenance fee SB/45) and to designate or change a fee in 37 CFR 1.17(m) must be filed together in an expired patent, the patentee may address (PTO/SB/47). The USPTO offers with a petition to accept unintentionally petition the Director to reconsider that two different versions of the petition to delayed payment. The USPTO accepts decision under 37 CFR 1.378(d). accept unintentionally delayed payment online maintenance fee payments by The rules of practice (37 CFR 1.33(d) of maintenance fee in an expired patent credit card, deposit account, or and 1.363) permit applicants, patentees, under 37 CFR 1.378(b). In addition to electronic funds transfer (EFT). assignees, or their representatives of the basic PDF that may be filled out Otherwise, non-electronic payments record to specify a ‘‘fee address’’ for electronically and then printed and may be made by check, credit card, or correspondence related to maintenance mailed (or submitted online) (Form deposit account. fees that is separate from the PTO/SB/66), the USPTO offers a Web- correspondence address associated with based ePetition, which the public can II. Method of Collection a patent or application. A fee address complete on a computer using a Web must be an address that is associated browser and then click a submit button By mail, facsimile, hand delivery, or with a USPTO customer number. to send the information to the USPTO electronically to the USPTO. Customer numbers may be requested by over the internet (ePetition). No form is III. Data using the Request for Customer Number associated with the petition to the Form (PTO/SB/125), which is covered Director to accept and record the OMB Number: 0651–0016. under OMB control number 0651–0035. maintenance fee under 37 CFR 1.377, or IC Instruments: The individual Maintaining a correct and updated the petition the Director to reconsider a instruments in this collection, as well as address is necessary so that fee-related decision to refuse to accept a delayed their associated forms, are listed in the correspondence from the USPTO will be payment in an expired patent under 37 table below.

IC # Form and function Form #

1 ...... Maintenance Fee Transmittal Form, electronic and paper ...... PTO/SB/45. 2 ...... Electronic Maintenance Fee Form, electronic ...... No Form Associated. 3 ...... Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an PTO/SB/66. Expired Patent (37 CFR 1.378(b)), electronic and paper. 4 ...... Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an ePetition. Expired Patent (37 CFR 1.378(b))—ePetition, electronic. 5 ...... Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to Ex- No Form Associated. piration of Patent (37 CFR 1.377), electronic and paper. 6 ...... Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed No Form Associated. Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(d)), elec- tronic and paper. 7 ...... ‘‘Fee Address’’ Indication Form, electronic and paper ...... PTO/SB/47.

Type of Review: Revision of a information, prepare the appropriate $438 and the professional hourly rate currently approved collection. form or petition, and submit the for paraprofessionals is $145. These Affected Public: Individuals or completed request to the USPTO. The rates are established by estimates in the households; businesses or other for- time per response, estimated annual 2017 Report on the Economic Survey, profits; and not-for-profit institutions. responses, and estimated annual hour published by the Committee on Estimated Number of Respondents: burden associated with each instrument Economics of Legal Practice of the 533,910 responses per year. The USPTO in this information collection is shown American Intellectual Property Law estimates that approximately 25% of in the table below. Association and the 2017 National these responses will be from small Estimated Total Annual Hour Burden: Utilization and Compensation Survey entities. 13,878.89 hours. Estimated Time per Response: The Estimated Total Annual Cost Burden published by the National Association USPTO estimates that it will take the (Hourly): $5,117,750.56. The USPTO of Legal Assistants (NALA). Therefore, public approximately 20 seconds (0.006 expects that the information in this the estimated total respondent cost hours) to 8 hours to submit the collection will be prepared by both burden for this collection will be information in this collection, including attorneys and paralegals. The approximately $5,117,750.56 per year. the time to gather the necessary professional hourly rate for attorneys is

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Responses Burden Rate Total cost IC # Item Minutes (yr) (hrs/yr) ($/hr) ($/yr)

(a) (b) (c)(a × b)/60 (d) (e)(c × d)

1 ...... Maintenance Fee Transmittal Transactions (PTO/ 5 11,000 916.67 $145.00 $132,916.67 SB/45). 2 ...... Electronic Maintenance Fee Transactions ...... 0.33 425,500 2,363.89 145.00 342,763.89 3 ...... Petition to Accept Unintentionally Delayed Payment 60 300 300 438.00 131,400.00 of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)) (PTO/SB/66). 4 ...... Petition to Accept Unintentionally Delayed Payment 60 1,500 1,500 438.00 657,000.00 of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)) (PTO/SB/66)—ePetition. 5 ...... Petition to Review Refusal to Accept Payment of 240 10 40 438.00 17,520.00 Maintenance Fee Prior to Expiration of Patent (37 CFR 1.377). 6 ...... Petition for Reconsideration of Decision on Petition 480 100 800 438.00 350,400.00 Refusing to Accept Delayed Payment of Mainte- nance Fee in an Expired Patent (37 CFR 1.378(d)). 7 ...... ‘‘Fee Address’’ Indication Form (PTO/SB/47) ...... 5 95,500 9,137.5 145.00 3,485,750.00

Totals ...... 533,910 13,878.89 ...... 5,117,750.56

Estimated Total Annual Cost Burden hour) cost burden in the form of filing patents, which are listed in the table (Non-Hourly): $1,209,457,959.50. This fees and postage costs. below. information collection has annual (non- In this collection there are filing fees associated with the maintenance of

IC # Item Respondents Filing fee Burden

(a) (b) (a) × (b) = (c) ($)

1 ...... For Maintaining an Original or Any Reissue Patent, Due at 3.5 188,800 $1,600.00 *$302,080,000.00 Years (large entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 3.5 40,800 800.00 32,640,000.00 Years (small entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 3.5 2,600 400.00 1,040,000.00 Years (micro entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 7.5 96,000 3,600.00 345,600,000.00 Years (large entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 7.5 16,200 1,800.00 29,160,000.00 Years (small entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 7.5 900 900.00 810,000.00 Years (micro entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 11.5 61,700 7,400.00 456,580,000.00 Years (large entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 11.5 9,800 3,700.00 36,260,000.00 Years (small entity). 1 ...... For Maintaining an Original or Any Reissue Patent, Due at 11.5 500 1,850.00 925,000.00 Years (micro entity). 1 ...... Surcharge—3.5 year—Late Payment Within 6 Months (large en- 3,500 160.00 560,000.00 tity). 1 ...... Surcharge—3.5 year—Late Payment Within 6 Months (small en- 6,200 80.00 496,000.00 tity). 1 ...... Surcharge—3.5 year—Late Payment Within 6 Months (micro en- 700 40.00 28,000.00 tity). 1 ...... Surcharge—7.5 year—Late Payment Within 6 Months (large en- 2,000 160.00 320,000.00 tity). 1 ...... Surcharge—7.5 year—Late Payment Within 6 Months (small en- 2,500 80.00 200,000.00 tity). 1 ...... Surcharge—7.5 year—Late Payment Within 6 Months (micro en- 300 40.00 12,000.00 tity). 1 ...... Surcharge—11.5 year—Late Payment Within 6 Months (large 2,200 160.00 352,000.00 entity). 1 ...... Surcharge—11.5 year—Late Payment Within 6 Months (small 1,700 80.00 136,000.00 entity). 1 ...... Surcharge—11.5 year—Late Payment Within 6 Months (micro 200 40.00 8,000.00 entity). 3 ...... Petition for the Delayed Payment of the Fee for Maintaining a 500 2,000.00 1,000,000.00 Patent in Force (large entity).

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IC # Item Respondents Filing fee Burden

(a) (b) (a) × (b) = (c) ($)

3 ...... Petition for the Delayed Payment of the Fee for Maintaining a 1,200 1,000.00 1,200,000.00 Patent in Force (small entity). 3 ...... Petition for the Delayed Payment of the Fee for Maintaining a 100 500.00 50,000.00 Patent in Force (micro entity).

Totals ...... 438,400 ...... 1,209,457,000.00

The public may submit the forms and may also include a signed certification will be 50 cents and that approximately petitions in this collection to the of the date of mailing in order to receive 1,919 submissions per year may be USPTO by mail through the United credit for timely filing. The USPTO mailed to the USPTO, for a total postage States Postal Service. If the submission estimates that the average first-class cost of $959.50 per year. is sent by first-class mail, the public postage cost for a mailed submission

Total non-hour IC # Item Responses Postage cost cost burden (postage)

(a) (b) (c)(a) × (b)

3 ...... Petition to Accept Unintentionally Delayed Payment of Mainte- 6 $0.50 $3.00 nance Fee in an Expired Patent (37 CFR 1.378(b)). 5 ...... Petition to Review Refusal to Accept Payment of Maintenance 1 0.50 0.50 Fee Prior to Expiration of Patent (37 CFR 1.377). 6 ...... Petition for Reconsideration of Decision on Petition Refusing to 2 0.50 1.00 Accept Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(d)). 7 ...... ‘‘Fee Address’’ Indication Form ...... 1,910 0.50 955.00

Totals ...... 1,919 ...... 959.50

The total (non-hour) respondent cost they will also become a matter of public June 20, 2018, unless revised pursuant burden for this collection in the form of record. to comments received. filing fees and postage costs is estimated Marcie Lovett, ADDRESSES: You may submit comments to be $1,209,457,959.50 per year. to this notice by any of the following Director, Records and Information methods: IV. Request for Comments Governance Division, Office of the Chief • Technology Officer, USPTO. Agency website, via its Comments Online process: https:// Comments are invited on: [FR Doc. 2018–10690 Filed 5–18–18; 8:45 am] comments.cftc.gov. Follow the (a) Whether the proposed collection of BILLING CODE 3510–16–P instructions for submitting comments information is necessary for the proper through the website. performance of the functions of the • Federal eRulemaking Portal: agency, including whether the COMMODITY FUTURES TRADING Comments may be submitted at http:// information shall have practical utility; COMMISSION www.regulations.gov. Follow the (b) the accuracy of the agency’s instructions for submitting comments. Privacy Act of 1974; System of • estimate of the burden (including hours Mail: Christopher Kirkpatrick, Records and cost) of the proposed collection of Secretary of the Commission, Commodity Futures Trading information, including the validity of AGENCY: Commodity Futures Trading Commission, Three Lafayette Centre, the methodology and assumptions used; Commission. 1155 21st Street NW, Washington, DC (c) ways to enhance the quality, ACTION: Notice of a new system of 20581. utility, and clarity of the information to records. • Hand Delivery/Courier: Same as be collected; and Mail, above. SUMMARY: The Commodity Futures Please submit your comments using (d) ways to minimize the burden of Trading Commission (CFTC or the collection of information on only one method. Commission) is establishing a new All comments must be submitted in respondents, including through the use system of records under the Privacy Act English, or if not, accompanied by an of automated collection techniques or of 1974: CFTC–52, Training Records. English translation. Comments will be other forms of information technology, New CFTC–52 addresses information posted as received to http:// e.g., permitting electronic submission of collected from individuals who www.cftc.gov. You should submit only responses. participate in or assist with CFTC information that you wish to make Comments submitted in response to training. available publicly. If you wish the this notice will be summarized or DATES: Comments must be received on Commission to consider information included in the request for OMB or before June 20, 2018. This action will that you believe is exempt from approval of this information collection; be effective without further notice on disclosure under the Freedom of

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Information Act (FOIA), a petition for SECURITY CLASSIFICATION: percentage of completion, assessments confidential treatment of the exempt Unclassified. scores from any quizzes in training information may be submitted according sessions, and length of time required to to the procedures established in § 145.9 SYSTEM LOCATION: complete training sessions. of the Commission’s regulations, 17 CFR Records for this system are stored in RECORD SOURCE CATEGORIES: 145.9. a vendor Government Cloud based Information in this system originates The Commission reserves the right, Learning Management Solution, 1601 from CFTC or is obtained directly from but shall have no obligation, to review, Cloverfield Blvd., Suite 600S, Santa the individual who is the subject of pre-screen, filter, redact, refuse, or Monica, CA 90404 and the Commodity these records. remove any or all of a submission from Futures Trading Commission, Three http://www.cftc.gov that it may deem to Lafayette Centre, 1155 21st Street NW, ROUTINE USES OF RECORDS MAINTAINED IN THE be inappropriate for publication, such as Washington, DC 20581. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: obscene language. All submissions that SYSTEM MANAGER(S): These records and information in have been redacted or removed that Office of Executive Director (OED), contain comments on the merits of the these records may be used: Commodity Futures Trading (a) To disclose information to notice will be retained in the comment Commission, Three Lafayette Centre, file, will be considered as required contractors, grantees, volunteers, 1155 21st Street NW, Washington, DC experts, students, and others performing under all applicable laws, and may be 20581. accessible under the FOIA. or working on a contract, service, grant, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: cooperative agreement, or job for the FOR FURTHER INFORMATION CONTACT: The collection of this information is Federal government when necessary to Chief Privacy Officer, [email protected], accomplish an agency function; Office of the Executive Director, authorized by or under 5 U.S.C. 4103; 5 CFR part 410; 5 CFR part 412; Public (b) To disclose information to Commodity Futures Trading Congress upon its request, acting within Commission, Three Lafayette Centre, Law 107–347, E-Government Act of 2002; Executive Order 11348— the scope of its jurisdiction, pursuant to 1155 21st Street NW, Washington, DC the Commodity Exchange Act, 7 U.S.C. 20581. Providing for the further training of Government employees; Executive 1 et seq., and the rules and regulations SUPPLEMENTARY INFORMATION: Order 13111—Using Technology to promulgated thereunder; (c) To disclose information to Federal, Improve Training Technologies for I. Training Records State, local, territorial, Tribal, or foreign Federal Government Employees. The Training Records system contains agencies for use in meeting their information about individuals who PURPOSE(S) OF THE SYSTEM: statutory or regulatory requirements; (d) To disclose to a Federal agency in participate in or assist with CFTC This records system will collect and response to its request in connection training. Collection of this information document CFTC training given to CFTC with the hiring or retention of an is necessary to facilitate, track, and employees, contractors, and others who employee, the issuance of a security report on administrative and mission- are provided CFTC training. This system clearance, the reporting of an related training provided by CFTC. will provide CFTC with a means to track training registrations, scheduling, investigation of an employee, the letting II. The Privacy Act scores, completions, and other training of a contract, the issuance of a license, or a grant or other benefit by the Under the Privacy Act of 1974, 5 metrics to assess the effectiveness of training, identify patterns, respond to requesting agency, to the extent that the U.S.C. 552a, a ‘‘system of records’’ is information may be relevant to the defined as any group of records under requests for information related to the training of CFTC personnel and other requesting agency’s decision on the the control of a federal government matter; individuals, and facilitate the agency from which information about (e) To disclose to a prospective compilation of statistical information individuals is retrieved by name or employer in response to its request in other personal identifier. The Privacy about training. connection with the hiring or retention Act establishes the means by which CATEGORIES OF INDIVIDUALS COVERED BY THE of an employee, to the extent that the government agencies must collect, SYSTEM: information is believed to be relevant to maintain, and use personally Current and former employees of the the prospective employer’s decision in identifiable information associated with CFTC, contractors, consultants, interns, the matter; an individual in a government system of any individual who participated in or (f) To disclose to appropriate records. assisted with a training program agencies, entities, and persons when (1) Each government agency is required including instructors, course the Commission suspects or has to publish a notice in the Federal developers, observers, and interpreters. confirmed that there has been a breach Register of a system of records in which of the system of records; (2) the the agency identifies and describes each CATEGORIES OF RECORDS IN THE SYSTEM: Commission has determined that as a system of records it maintains, the The system of records includes result of the suspected or confirmed reasons why the agency uses the information that may contain: Staff breach there is a risk of harm to personally identifying information member name (First, Middle Initial, and individuals, the Commission (including therein, the routine uses for which the Last Name), CFTC generated employee its information systems, programs, and agency will disclose such information number, CFTC email address, division, operations), the Federal Government, or outside the agency, and how individuals office and/or branch, geographic national security; and (3) the disclosure may exercise their rights under the location, position/title, job series, made to such agencies, entities, and Privacy Act to determine if the system employment type (Federal employee, persons is reasonably necessary to assist contains information about them. contractor, consultant, intern, or in connection with the Commission’s volunteer), participation/transaction efforts to respond to the suspected or SYSTEM NAME AND NUMBER data, including training sessions begun confirmed breach or to prevent, Training Records; CFTC–52. or completed by staff member, minimize, or remedy such harm; or

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(g) To disclose to another Federal for certain data types and transfers; BUREAU OF CONSUMER FINANCIAL agency or Federal entity, when the firewalls and intrusion detection PROTECTION Commission determines that applications; and regular review of [Docket No: CFPB–2018–0020] information from this system of records security procedures and best practices is reasonably necessary to assist the to enhance security. Physical safeguards Privacy Act of 1974; System of recipient agency or entity in (1) include restrictions on building access Records responding to a suspected or confirmed to authorized individuals, 24-hour breach or (2) preventing, minimizing, or security guard service, and maintenance AGENCY: Bureau of Consumer Financial remedying the risk of harm to of records in lockable offices and filing Protection. individuals, the recipient agency or cabinets. ACTION: Notice of Modified Systems of entity (including its information Record. systems, programs, and operations), the RECORDS ACCESS PROCEDURES: Federal Government, or national SUMMARY: In accordance with the security, resulting from a suspected or Individuals seeking to determine Privacy Act of 1974, as amended, the confirmed breach. whether this system of records contains Bureau of Consumer Financial information about themselves or seeking Protection (Bureau or CFPB) gives POLICIES AND PRACTICES FOR STORAGE OF access to records about themselves in notice of the establishment of a RECORDS: this system of records should address modified Privacy Act System of The Training Records system of written inquiries to the Office of General Records. records stores records in this system Counsel, Commodity Futures Trading electronically or on paper in secure DATES: Comments must be received no Commission, Three Lafayette Centre, facilities. Electronic records are stored later than June 20, 2018. This on the Learning Management System’s 1155 21st Street NW, Washington, DC Modification will be effective upon secure servers or on the Commission’s 20581. See 17 CFR 146.3 for full details publication in today’s Federal Register. secure network and other electronic on what to include in Privacy Act access ADDRESSES: You may submit comments, media as needed, such as encrypted request. identified by the title and docket hard drives and back-up media. Paper number (see above), by any of the CONTESTING RECORDS PROCEDURES: records are stored in secured facilities. following methods: • Electronic: [email protected] or POLICIES AND PRACTICES FOR RETRIEVAL OF Individuals contesting the content of RECORDS: records about themselves contained in http://www.regulations.gov. Follow the instructions for submitting comments. Certain information covered by this this system of records should address • Mail: Claire Stapleton, Chief system of records may be retrieved by written inquiries to the Office of General Privacy Officer, Bureau of Consumer employee name, or employee id Counsel, Commodity Futures Trading Financial Protection, 1700 G Street NW, number. Commission, Three Lafayette Centre, Washington, DC 20552. 1155 21st Street NW, Washington, DC • POLICIES AND PRACTICES FOR RETENTION AND 20581. See 17 CFR 146.8 for full details Hand Delivery/Courier: Claire DISPOSAL OF RECORDS: on what to include in a Privacy Act Stapleton, Chief Privacy Officer, Bureau Records for this system will be amendment request. of Consumer Financial Protection, 1700 maintained in accordance with all G Street NW, Washington, DC 20552. applicable records schedules approved NOTIFICATION PROCEDURES: Comments will be available for public by the National Archives and Records inspection and copying at 1700 G Street Administration (NARA) including GRS Individuals seeking notification of NW, Washington, DC 20552, on official 2.6, items 010, 020, 030 and GRS 2.7, any records about themselves contained business days between the hours of 10 item 030. All approved records in this system of records should address a.m. and 5 p.m. Eastern Time. You can schedules can be found at http:// written inquiries to the Office of General make an appointment to inspect www.cftc.gov, or http:// Counsel, Commodity Futures Trading comments by telephoning (202) 435– www.archives.gov/records-mgmt/ Commission, Three Lafayette Centre, 7220. All comments, including grs.html. 1155 21st Street NW, Washington, DC attachments and other supporting 20581. See 17 CFR 146.3 for full details materials, will become part of the public ADMINISTRATIVE, TECHNICAL, AND PHYSICAL record and subject to public disclosure. SAFEGUARDS: on what to include in a Privacy Act notification request. You should submit only information Records are protected from that you wish to make available unauthorized access and improper use EXEMPTIONS PROMULGATED FOR THE SYSTEM: publicly. through administrative, technical, and physical security measures. None. FOR FURTHER INFORMATION CONTACT: Administrative safeguards include Claire Stapleton, Chief Privacy Officer, agency-wide Rules of Behavior, agency- HISTORY: at (202) 435–7220. If you require this wide procedures for safeguarding document in an alternative electronic None. personally identifiable information, and format, please contact CFPB_ required annual privacy and security Issued in Washington, DC, on May 16, [email protected]. training. Technical security measures 2018, by the Commission. SUPPLEMENTARY INFORMATION: The within CFTC include restrictions on Robert Sidman, Bureau revises each of its Privacy Act computer access to authorized Deputy Secretary of the Commission. System of Records Notices contained in individuals who have a legitimate need- [FR Doc. 2018–10773 Filed 5–18–18; 8:45 am] its inventory of record systems. to-know the information; required use of The Bureau modifies the purpose(s) strong passwords that are frequently BILLING CODE 6351–01–P for which each system is maintained to changed; multi-factor authentication for clarify that the information in each remote access and access to many CFTC Bureau system will be used to ensure network components; use of encryption quality control, performance, and

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improve management processes. This CFPB.015 CFPB Ethics Program in connection with CFPB’s efforts to clarification will be added to the Records; CFPB.016 CFPB Advisory respond to the suspected or confirmed purpose section of each Bureau system Boards and Committees; CFPB.017 breach or to prevent, minimize, or of record notice published in the CFPB Small Business Review Panels remedy such harm. Federal Register. The Federal Register and Cost of Credit Consultations; (2) another Federal agency or Federal citation for all Bureau system of records CFPB.018 Litigation Files; CFPB.019 entity, when the CFPB determines that notices can be found in the History Nationwide Mortgage Licensing System information from this system of records section of this Notice of a Modified and Registry; CFPB.020 CFPB Site is reasonably necessary to assist the System of Records. Badge and Visitor Management Systems; recipient agency or entity in (a) The Bureau also modifies the list of CFPB.021 CFPB Consumer Education responding to a suspected or confirmed routine uses of records maintained in and Engagement Records; CFPB.022 breach or (b) preventing, minimizing, or each Bureau system in accordance with Market and Consumer Research remedying the risk of harm to Office of Management and Budget’s Records; CFPB.023 CFPB Prize individuals, the recipient agency or (OMB) 2017 guidance to assist Federal Competitions Program Records; entity (including its information agencies prepare for and respond to a CFPB.025 Civil Penalty Fund and systems, programs, and operations), the breach of personally identifiable Bureau-Administered Redress Program Federal Government, or national information. The first routine use in Records; CFPB.026 Biographies. security, resulting from a suspected or each Bureau system of records notice is confirmed breach. SECURITY CLASSIFICATION: revised to mirror the text presented in HISTORY: the first routine use below. The second Bureau information systems do not 79 FR 78837 (Dec. 31, 2014) routine use presented below is being contain any classified information or (CFPB.001 CFPB Freedom of added to each Bureau system of records data. Information Act/Privacy Act System); 76 notice; and, the routine uses in each SYSTEM LOCATION: FR 45765 (Aug. 1, 2011) (CFPB.002 system of records are renumbered to The location of a Bureau system can CFPB Depository Institution account for this new routine use. These be found by reviewing the system of Supervision Database); 76 FR 45761 revisions will be added to the section records notice published in the Federal (Aug. 1, 2011) (CFPB.003 CFPB Non- that lists the routine uses for records in Register. The Federal Register citation depository Supervision Database); 76 FR each Bureau system of records notice for all Bureau system of records notices 45757 (Aug. 1, 2011) (CFPB.004 CFPB published in the Federal Register. The can be found in the History section of Enforcement Database); 79 FR 21440 Federal Register citation for all Bureau this Notice of a Modified System of (Apr. 16, 2014) (CFPB.005 CFPB system of records notices can be found Records. Consumer Response System); 78 FR in the History section of this Notice of 50041 (Aug. 16, 2013) (CFPB.006 Social a Modified System of Records. SYSTEM MANAGER(S): Networks and Citizen Engagement The report of the modified systems of The system manager of a Bureau System); 78 FR 54630 (Sept. 5, 2013) records has been submitted to the system can be found by reviewing the (CFPB.007 CFPB Directory Database); 76 Committee on Oversight and system of records notice published in FR 68395 (Nov. 4, 2011) (CFPB.008 Government Reform of the House of the Federal Register. The Federal CFPB Transit Subsidy Program); 81 FR Representatives, the Committee on Register citation for all Bureau system 27104 (May 5, 2016) (CFPB.009 Homeland Security and Governmental of records notices can be found in the Employee Administrative Records Affairs of the Senate, and the Office of History section of this Notice of a System); 79 FR 6192 (Feb. 3, 2014) Management and Budget, pursuant to Modified System of Records. (CFPB.010 Ombudsman System); 78 FR OMB Circular A–108, ‘‘Federal Agency PURPOSE(S) OF THE SYSTEM: 76286 (Dec. 17, 2013) (CFPB.011 Responsibilities for Review, Reporting, Correspondence Tracking System); 77 and Publication under the Privacy Act’’ The information collected for each FR 59386 (Sept. 27, 2012) (CFPB.013 and the Privacy Act, 5 U.S.C. 552a(r). system will also be used for CFPB External Contact Database); 77 FR administrative purposes to ensure Dated: May 14, 2018. 24185 (Apr. 23, 2012) (CFPB.014 Direct quality control, performance, and Claire Stapleton, Registration and User Management improve management processes. Chief Privacy Officer, Bureau of Consumer System); 77 FR 1049 (Jan. 9, 2012) Financial Protection. ROUTINE USES OF RECORDS MAINTAINED IN THE (CFPB.015 CFPB Ethics Program SYSTEM, INCLUDING CATEGORIES OF USERS AND Records); 78 FR 25428 (May 1, 2013) SYSTEM NAMES AND NUMBERS PURPOSES OF SUCH USES: (CFPB.016 CFPB Advisory Boards and CFPB.001 CFPB Freedom of These records may be disclosed in Committees); 77 FR 24183 (Apr. 23, Information Act/Privacy Act System; accordance with OMB Memorandum 2012) (CFPB.017 CFPB Small Business CFPB.002 CFPB Depository Institution M–17–12, ‘‘Preparing for and Review Panels and Cost of Credit Supervision Database; CFPB.003 CFPB Responding to a Breach of Personally Consultations); 77 FR 27446 (May 10, Non-depository Supervision Database; Identifiable Information,’’ to: 2012) (CFPB.018 Litigation Files); 77 FR CFPB.004 CFPB Enforcement Database; (1) appropriate agencies, entities, and 35359 (June 13, 2012) (CFPB.019 CFPB.005 CFPB Consumer Response persons when (a) CFPB suspects or has Nationwide Mortgage Licensing System System; CFPB.006 Social Networks and confirmed that there has been a breach and Registry); 77 FR 56623 (Sept. 13, Citizen Engagement System; CFPB.007 of the system of records; (b) CFPB has 2012) (CFPB.020 CFPB Site Badge and CFPB Directory Database; CFPB.008 determined that as a result of the Visitor Management Systems); 79 FR Transit Subsidy Program; CFPB.009 suspected or confirmed there is a risk of 78839 (Dec. 31, 2014) (CFPB.021 CFPB Employee Administrative Records harm to individuals, CFPB (including its Consumer Education and Engagement System; CFPB.010 Ombudsman System; information systems, programs, and Records); 77 FR 67802 (Nov. 14, 2012) CFPB.011 Correspondence Tracking operations), the Federal Government or (CFPB.022 Market and Consumer System; CFPB.013 External Contact national security; and (b) the disclosure Research Records); 77 FR 64962 (Oct. Database; CFPB.014 Direct Registration made to such agencies, entities, and 24, 2012) (CFPB.023 CFPB Prize and User Management System; persons is reasonably necessary to assist Competitions Program Records); 78 FR

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34991 (June 11, 2013) (CFPB.025 Civil SUPPLEMENTARY INFORMATION: EPA and CDC/ATSDR will be Penalty Fund and Bureau-Administered responsible for analyzing and A. Comments Redress Program Records); 78 FR 69834 considering the appropriate scientific (Nov. 21, 2013) (CFPB.026 Biographies). On February 5, 2018, the CPSC methodologies and peer reviewed [FR Doc. 2018–10809 Filed 5–18–18; 8:45 am] published a notice in the Federal research in any hazard analysis. CPSC is BILLING CODE 4810–AM–P Register announcing the agency’s intent tasked with research to establish the to seek approval of a new collection of level of risk and the extent to which information on a CPSC Playground children may be exposed to potential CONSUMER PRODUCT SAFETY Surfaces Survey that will assess hazard(s) related to recycled rubber on COMMISSION children’s potential exposure to playgrounds. The CPSC Playground playground surfaces, including recycled Surfaces Survey will help to inform [Docket No. CPSC–2018–0002] tire material or ‘‘tire crumb’’ rubber (83 CPSC staff’s analysis regarding FR 5073). CPSC received five comments children’s potential risk of exposure, Agency Information Collection in response to that notice. Two and the extent of the exposure from Activities; Submission for OMB commenters did not address the survey playground surfaces derived from Review; Comment Request—CPSC or any issues related to the survey. recycled tires, but the survey will not Playground Surfaces Survey These commenters raised concerns address any potential hazards. AGENCY: Consumer Product Safety about smart phones and bullying. One Accordingly, after consideration of Commission. commenter supported the information these comments, CPSC will request ACTION: Notice. collection. Two commenters requested approval of this collection of that the CPSC analyze peer-reviewed information from OMB. SUMMARY: As required by the Paperwork research on the safety of rubber mulch, B. Survey Reduction Act of 1995, the Consumer apply scientific methodologies to the Product Safety Commission (CPSC) research, and identify the constituents CPSC has contracted with the Fors announces that CPSC has submitted to found in recycled rubber at acceptable Marsh Group, LLC (FMG) to design the the Office of Management and Budget risk levels. CPSC Playground Surfaces Survey. (OMB) a new proposed collection of The CPSC Playground Surfaces SSRS, LLC will program and administer information by the agency on a survey Survey will apply scientific survey the survey. Trained interviewers will that will assess children’s potential methodologies to provide national dial and conduct the survey using a exposure to playground surfaces, estimates for the exposure of children computer-assisted telephone interview including recycled tire material. In the less than 6 years old to playground (CATI) system, in a secure location, to Federal Register of February 5, 2018 (83 surfaces, including, but not limited to, which only authorized personnel have FR 5073), CPSC published a notice rubber mulch. The survey will not access. Participants will be recruited by announcing the agency’s intent to seek assess the safety of rubber mulch or re-contacting respondents of the SSRS approval of this collection of whether children are at an increased Omnibus. The SSRS Omnibus is a national, weekly, dual-frame bilingual information. CPSC received several health risk if they play on rubber mulch. RDD telephone survey designed to meet comments in response to that notice. Rather, the survey will help CPSC gain standards of quality associated with After review and consideration of the a better understanding of children’s custom research studies. Each weekly comments, by publication of this notice, potential exposures to playground wave of the SSRS Omnibus consists of the Commission announces that CPSC surfaces, including surfaces made from 1,000 interviews; 600 interviews are has submitted to the OMB a request for recycled tires, based on children’s play obtained with respondents on their cell approval of this collection of behaviors on playgrounds. Potential phones, and approximately 35 information. exposures include skin contact, interviews are completed in Spanish. ingestion, and contact through open DATES: Written comments on this The topic of the surveys varies week to request for approval of information wounds. week. Interviewers will conduct follow- collection requirements should be The CPSC, the Environmental up re-contacts to target specific submitted by June 20, 2018. Protection Agency (EPA), and the populations on certain issues. SSRS will ADDRESSES: Submit comments about Centers for Disease Control and use existing data from this sample this request by email: OIRA_ Prevention (CDC)/Agency for Toxic source to pre-screen individuals in the [email protected] or fax: 202– Substances and Disease Registry target population (parents of children 395–6881. (ATSDR) are working together on the who are currently 0–5 years old). These Comments by mail should be sent to Federal Research Action Plan on targeted households will be re-contacted the Office of Information and Regulatory Recycled Tire Crumb Used on Playing to administer the proposed survey. Affairs, Attn: OMB Desk Officer for the Fields and Playgrounds (Plan). The four Participants will be re-screened at the CPSC, Office of Management and components of the Plan and the beginning of the call to make sure that Budget, Room 10235, 725 17th Street agencies’ responsibilities are as follows: they meet the target criteria and to • NW, Washington, DC 20503. In Literature Review/Gap Analysis (EPA identify which subset of questions they addition, written comments that are sent and CDC/ATSDR) will be given for the survey. • to OMB also should be submitted Tire Crumb Characterization (EPA Participation is voluntary and all electronically at http:// and CDC/ATSDR) responses will be kept confidential. www.regulations.gov, under Docket No. • Exposure Characterization Study Each telephone interview will take CPSC–2018–0002. (EPA and CDC/ATSDR) approximately 20 minutes to complete. • FOR FURTHER INFORMATION CONTACT: Playground Surfaces Study (CPSC) CPSC estimates the number of Bretford Griffin, Consumer Product The EPA and the CDC/ATSDR are respondents to be 2,200. CPSC estimates Safety Commission, 4330 East West charged with assessing the existence, if the total annual burden hours for Highway, Bethesda, MD 20814; (301) any, of potentially hazardous chemicals respondents to be 726 hours. The 504–7037, or by email to: bgriffin@ or substances in recycled tire materials monetized hourly cost is $35.28, as cpsc.gov. on athletic playing fields. Accordingly, defined by the average total hourly cost

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to employers for employee ADDRESSES: Objections from family ADDRESSES: You may submit comments, compensation for employees across all members and public comments can be identified by docket number and title, occupations as of June 2017, reported by mailed to Lieutenant Colonel Brent by any of the following methods: the Bureau of Labor Statistics. Kauffman, ANMC Project Manager, 1 • Federal Rulemaking Portal: http:// Accordingly, CPSC estimates the total Memorial Avenue, Arlington National www.regulations.gov. annual cost burden to all respondents to Cemetery, Arlington, VA 22211 or Follow the instructions for submitting be $25,613 (726 hours × $35.28 = emailed to usarmy.pentagon.hqda- comments. $25,613.28). The total cost to the federal [email protected] • Mail: Department of Defense, Office government for the contract to design (preferred). of the Chief Management Officer, and conduct the survey issued to FMG Directorate for Oversight and FOR FURTHER INFORMATION CONTACT: under contract number CPSC–D–16– Compliance, 4800 Mark Center Drive, 0002 is $243,593. Lieutenant Colonel Brent Kauffman, Mailbox #24, Suite 08D09, Alexandria, ANMC Project Manager at the email VA 22350–1700. Alberta E. Mills, address listed above. Instructions: All submissions received Secretary, Consumer Product Safety SUPPLEMENTARY INFORMATION: must include the agency name and Commission. Additional information related to Native docket number for this Federal Register [FR Doc. 2018–10736 Filed 5–18–18; 8:45 am] Americans buried at the Carlisle document. The general policy for BILLING CODE P Barracks Post Cemetery can be found at comments and other submissions from http://www.belvoir.army.mil/ANMC/ members of the public is to make these ReturnOfNativeAmericanRemains.asp. submissions available for public DEPARTMENT OF DEFENSE viewing on the internet at http:// Brenda S. Bowen, www.regulations.gov as they are Department of the Army Army Federal Register Liaison Officer. received without change, including any [FR Doc. 2018–10772 Filed 5–18–18; 8:45 am] personal identifiers or contact Notice of Intended Disinterment BILLING CODE 5001–03–P information. AGENCY: Department of the Army, DoD. FOR FURTHER INFORMATION CONTACT: Ms. ACTION: Notice of intended disinterment. DEPARTMENT OF DEFENSE Luz D. Ortiz, Chief, Records, Privacy and Declassification Division (RPD2), SUMMARY: Army National Military 1155 Defense Pentagon, Washington, DC Cemeteries (ANMC) is honoring the [Docket ID: DOD–2018–OS–0029] 20301–1155, or by phone at (571) 372– requests of four families to disinter the 0478. human remains of four Native American Privacy Act of 1974; System of Records SUPPLEMENTARY INFORMATION: The students from the Carlisle Barracks Post Department of Defense (DoD) Spouse Cemetery, Carlisle, Pennsylvania. The AGENCY: Office of the Secretary, DoD. Education and Career Opportunities decedent names are Little Plume (aka (SECO) Program (DPR 46 DoD) is the ACTION: Notice of a new System of Hayes Vanderbilt Friday), George Ell primary source of education, career and Records. (aka George Eli), Herbert Little Hawk employment counseling for all military (aka Herbert J. Littlehawk), and Her Pipe spouses seeking post-secondary Woman (aka as Dora Brave Bull). These SUMMARY: The Office of the Secretary of Defense proposes to add a new system education, training, licenses and students died in the 1880s and 1890s credentials necessary for portable career while attending the Carlisle Indian of records, Spouse Education and Career Opportunities (SECO) Program, DPR 46 employment. The SECO program Industrial School. At the request of the delivers the resources and tools closest living relative for each decedent, DoD. This program makes available the resources and tools to help military necessary to assist spouses of service ANMC will disinter, transfer custody, members with career exploration/ transport, and reinter the remains in spouses with career exploration and discovery, career education and discovery, career education and private cemeteries chosen by the training, employment readiness, and families. This disinterment will be training, employment readiness, and career connections at any point within career connections at any point within conducted in accordance with Army the military spouse’s career. It is Regulation 210–190. This is not a Native the military spouse’s career. The records allow the spouse to build a profile imperative the DoD collect data to American Graves Protection and ensure the SECO program meets its Repatriation Act (NAGPRA) action including their contact information, education, and employment data. This overarching goal of increasing because the remains are not part of a employment opportunities for military collection as they are interred in graves allows the individual to save information over time in order to easily spouses. The DoD requires the that are individually marked at the information in the proposed collection Carlisle Barracks Post Cemetery. prepopulate it into tools such as resume builders and career and education for program planning and management DATES: The disinterment is scheduled to planning resources. Records may also be purposes. Collected information will begin on June 14, 2018. Transportation used as a management tool for statistical ensure the SECO program can assemble to and re-interment in private analysis, tracking, reporting, evaluating relevant metrics and make cemeteries will take place as soon as program effectiveness and conducting determinations of program viability and practical after the disinterment. If other research. improvement. Additionally, the data living relatives object to the collected is utilized to build a spouse disinterment of these remains, please DATES: Comments will be accepted on or profile allowing information to be saved provide written objection to Lieutenant before June 20, 2018. This proposed over time and to prepopulate Colonel Brent Kauffman at the email action will be effective on the date information into tools such as resume address listed below prior to June 7, following the end of the comment builders and career and education 2018. Such objections may delay the period unless comments are received planning resources. disinterment for the decedent in which result in a contrary This program complies with 10 U.S.C. question. determination. 1784, Employment Opportunities for

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Military Spouses and 10 U.S.C. 1784a, SECURITY CLASSIFICATION: RECORD SOURCE CATEGORIES: Education and Training Opportunities Unclassified. The individual, Defense Enrollment for Military Spouses to Expand Eligibility Reporting System (DEERS). SYSTEM LOCATION: Employment and Portable Career Opportunities by requiring the DoD to Defense Information Systems Agency ROUTINE USES OF RECORDS MAINTAINED IN THE (DISA), Defense Enterprise Computing SYSTEM, INCLUDING CATEGORIES OF USERS AND assist military spouses with education, THE PURPOSES OF SUCH USES: training, and career opportunities. Centers (DECC) Montgomery, 401 East Military spouses may learn about the Moore Drive, Maxwell Air Force Base, In addition to those disclosures SECO program in various ways Alabama 36114–3000. generally permitted under 5 U.S.C. including through the Military 552a(b) of the Privacy Act of 1974, as SYSTEM MANAGER(S): amended, the records contained herein OneSource program, installation service Director, Office of Family Readiness providers, from other military spouses may specifically be disclosed outside Policy (OFRP) or SECO Program the DoD as a routine use pursuant to 5 and via general online searches. Once Manager, Military Community and aware of the SECO program, a military U.S.C. 552a(b)(3) as follows: Family Policy (MC&FP), 4800 Mark a. To civilian educational institutions spouse can access it by simply going Center Drive, Alexandria, VA 22350– where the participant is enrolled, for the online to the following URL: https:// 2300; email: [email protected], purposes of ensuring correct enrollment myseco.militaryonesource.mil. Users are phone: 571–372–5314. and billing information. able to review resources at that time or b. To the Department of Education, select to log in to create an account. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Consumer Financial Protection Bureau All information is collected from 10 U.S.C. 136, Under Secretary of and the Department of Justice for the military spouses online via the SECO Defense for Personnel and Readiness; 10 purpose of complying with E.O. 13607, system and utilized to provide military U.S.C. 1144, Employment Assistance, Establishing Principles of Excellence for spouses with education and Job Training Assistance, and Other Educational Institutions Serving Service employment resources tailored to their Transitional Services: Department Of Members, Veterans, Spouses, and Other specific needs. Military spouse Labor; 10 U.S.C. 1784, Employment Family Members. eligibility is verified through the opportunities for military spouses; 10 c. To contractors, grantees, experts, Defense Enrollment Eligibility Reporting U.S.C. 1784a, Education and training consultants, students, and others Systems (DEERS). opportunities for military spouses to performing or working on a contract, Once logged in, military spouses may expand employment and portable career service, grant, cooperative agreement, or opt in to receive email notifications opportunities; and DoD Instruction other assignment for the federal from their account to remind them of 1342.22, Military Family Readiness. government when necessary to outstanding tasks (e.g. completing their PURPOSE OF THE SYSTEM: accomplish an agency function related profile) and to receive updates on The SECO Program is the primary to this system of records. upcoming events and news. Spouses source of education, career and d. To the appropriate federal, state, opting into email notifications receive employment counseling for all military local, territorial, tribal, or foreign, or them once per month. spouses. The SECO website delivers the international law enforcement authority The Office of the Secretary of Defense resources and tools necessary to assist or other appropriate entity where a notices for systems of records subject to military spouses with career record, either alone or in conjunction the Privacy Act of 1974, as amended, exploration/discovery, career education with other information, indicates a have been published in the Federal and training, employment readiness, violation or potential violation of law, Register and are available from the and career connections at any point whether criminal, civil, or regulatory in address in FOR FURTHER INFORMATION within the military spouse’s career. nature. CONTACT or at the Defense Privacy, Civil Records may also be used as a e. To any component of the Liberties, and Transparency Division management tool for statistical analysis, Department of Justice for the purpose of website at http://defense.gov/privacy. tracking, reporting, evaluating program representing the DoD, or its The proposed systems reports, as effectiveness and conducting research. components, officers, employees, or required by the Privacy Act of 1974, as members in pending or potential amended, were submitted on April 26, CATEGORIES OF INDIVIDUALS COVERED BY THE litigation to which the record is 2018, to the House Committee on SYSTEM: Participating spouses of members of pertinent. Oversight and Government Reform, the f. In an appropriate proceeding before Senate Committee on Homeland the United States Armed Forces (military spouses). a court, grand jury, or administrative or Security and Governmental Affairs, and adjudicative body or official, when the the Office of Management and Budget CATEGORIES OF RECORDS IN THE SYSTEM: DoD or other Agency representing the (OMB) pursuant to Section 6 to OMB Military spouse’s name, DoD ID DoD determines that the records are Circular No. A–108, ‘‘Federal Agency number, date of birth, gender, mailing relevant and necessary to the Responsibilities for Review, Reporting, and home address, years as military proceeding; or in an appropriate and Publication under the Privacy Act,’’ spouse, personal email address, proceeding before an administrative or revised December 23, 2016 (December personal cell and home telephone adjudicative body when the adjudicator 23, 2016, 81 FR 94424). number, work experience, education, determines the records to be relevant to Dated: May 16, 2018. certificates and licenses, skills, abilities, the proceeding. Shelly E. Finke, competencies, and other information g. To the National Archives and Alternate OSD Federal Register Liaison related to the individual concerning Records Administration for the purpose Officer, Department of Defense. career networking providers, of records management inspections affiliations, and materials; Military conducted under authority of 44 U.S.C. SYSTEM NAME AND NUMBER sponsor’s name, pay grade, current 2904 and 2906. Spouse Education and Career projected date of separation, branch of h. To a Member of Congress or staff Opportunities (SECO) Program, DPR 46 service, service eligibility, and time in acting upon the Member’s behalf when DoD. service. the Member or staff requests the

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information on behalf of, and at the with access controls, comprehensive In addition, the requester must request of, the individual who is the intrusion detection, and virus provide either a notarized signature or subject of the record. protection. Access to personally an unsworn declaration made in i. To appropriate agencies, entities, identifiable information is role based accordance with 28 U.S.C. 1746, in the and persons when (1) the DoD suspects and restricted to those requiring the data following format: or has confirmed that there has been a in the performance of their official If executed outside the United States: breach of the system of records; (2) the duties and upon completing annual ‘‘I declare (or certify, verify, or state) DoD has determined that as a result of information assurance and privacy under penalty of perjury under the laws the suspected or confirmed breach there training. Records are encrypted during of the United States of America that the is a risk of harm to individuals, the DoD transmission to protect session foregoing is true and correct. Executed (including its information systems, information and at rest. Encrypted on (date). (Signature).’’ programs, and operations), the Federal random tokens are implemented to If executed within the United States, Government, or national security; and protect against session hijacking its territories, possessions, or (3) the disclosure made to such attempts. commonwealths: ‘‘I declare (or certify, agencies, entities, and persons is RECORD ACCESS PROCEDURES: verify, or state) under penalty of perjury reasonably necessary to assist in Individuals seeking access to that the foregoing is true and correct. connection with the DoD’s efforts to Executed on (date). (Signature).’’ respond to the suspected or confirmed information about themselves contained in this record system should address breach or to prevent, minimize, or EXEMPTIONS PROMULGATED FOR THE SYSTEM: inquiries to the Office of the Secretary remedy such harm. None. j. To another Federal agency or of Defense/Joint Staff Freedom of Federal entity, when the DoD Information Act Requester Service HISTORY: Center, 1155 Defense Pentagon, determines that information from this None. system of records is reasonably Washington, DC 20301–1155. Signed, written requests should [FR Doc. 2018–10770 Filed 5–18–18; 8:45 am] necessary to assist the recipient agency include the individual’s full name, DoD BILLING CODE 5001–06–P or entity in (1) responding to a ID number, current address, and suspected or confirmed breach or (2) telephone number and this system of preventing, minimizing, or remedying records notice number. DEPARTMENT OF DEFENSE the risk of harm to individuals, the In addition, the requester must recipient agency or entity (including its provide either a notarized signature or Office of the Secretary information systems, programs and an unsworn declaration made in operations), the Federal Government, or accordance with 28 U.S.C. 1746, in the [Docket ID DOD–2018–OS–0025] national security, resulting from a following format: suspected or confirmed breach. If executed outside the United States: Proposed Collection; Comment Request POLICIES AND PRACTICES FOR STORAGE OF ‘‘I declare (or certify, verify, or state) under penalty of perjury under the laws RECORDS: AGENCY: Office of the Under Secretary of Records are maintained in electronic of the United States of America that the foregoing is true and correct. Executed Defense for Personnel and Readiness, storage media, in accordance with the DoD. safeguards mentioned below. on (date). (Signature).’’ If executed within the United States, ACTION: Information collection notice. POLICIES AND PRACTICES FOR RETRIEVAL OF its territories, possessions, or RECORDS: commonwealths: ‘‘I declare (or certify, SUMMARY: In compliance with the Information in this system may be verify, or state) under penalty of perjury Paperwork Reduction Act of 1995, the retrieved by name or DoD ID number. that the foregoing is true and correct. Office of the Under Secretary of Defense Executed on (date). (Signature).’’ for Personnel and Readiness announces POLICIES AND PRACTICES FOR RETENTION AND a proposed public information DISPOSAL OF RECORDS: CONTESTING RECORD PROCEDURES: collection and seeks public comment on These records are retained and The Office of the Secretary of Defense the provisions thereof. Comments are disposed of consistent with the National (OSD) rules for accessing records and invited on: (a) Whether the proposed Archives and Records Administration for contesting contents and appealing collection of information is necessary approved records disposition schedule initial agency determinations are for the proper performance of the (General Records Schedule 3.2, Item 30). published in OSD Administrative functions of the agency, including User accounts are deleted after 3 Instruction 81; 32 CFR part 311; or may whether the information shall have consecutive years of inactivity. be obtained from the system manager. practical utility; (b) the accuracy of the agency’s estimate of the burden of the ADMINISTRATIVE, TECHNICAL, AND PHYSICAL NOTIFICATION PROCEDURES: SAFEGUARDS: proposed information collection; (c) Individuals seeking to determine if ways to enhance the quality, utility, and Unauthorized access to records is low information about themselves is clarity of the information to be due to SECO being hosted on a DoD contained in this record system should collected; and (d) ways to minimize the Risk Management Framework life-cycle address inquiries to the Director, Office burden of the information collection on cybersecurity infrastructure. Electronic of Family Readiness Policy (OFRP) or respondents, including through the use records are maintained on a military SECO Program Manager, Military of automated collection techniques or installation in a secure building in a Community and Family Policy other forms of information technology. controlled area accessible only to (MC&FP), 4800 Mark Center Drive, authorized personnel. Physical entry is Alexandria VA 22350–2300. DATES: Consideration will be given to all restricted by the use of locks and Signed, written requests should comments received by July 20, 2018. passwords and administrative include the individual’s full name, DoD ADDRESSES: You may submit comments, procedures which are changed ID number, current address, and identified by docket number and title, periodically. The system is designed telephone number. by any of the following methods:

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Federal eRulemaking Portal: http:// request retired pay, designate Correction www.regulations.gov. Follow the beneficiaries, and make a Survivor In FR Doc. 2018–09417, we are instructions for submitting comments. Benefit Plan election. In an average revising the sentence beginning on page Mail: Department of Defense, Office of calendar year, approximately 66,800 19551 in the middle column, at line 17 the Chief Management Officer, members of the Uniformed Service will from the top of the page, under the Directorate for Oversight and complete this form. The spouses of heading ‘‘Content and Form of Compliance, 4800 Mark Center Drive, retiring members of the Uniformed Application Submission’’ to delete the Mailbox #24 Suite 08D09, Alexandria, Services are only required to complete words ‘‘through Grants.gov’’ and insert VA 22350–1700. Part V of this form if the Service in their place ‘‘at [email protected]’’. Instructions: All submissions received member declines or reduces his or her Program Authority: Bipartisan Budget must include the agency name, docket level of under the Survivor Benefit Plan. Act of 2018, Public Law 115–123. number and title for this Federal Dated: May 9, 2018. Accessible Format: Individuals with Register document. The general policy Shelly E. Finke, disabilities can obtain this document for comments and other submissions and a copy of the pre-application and from members of the public is to make Alternate OSD Federal Register, Liaison Officer, Department of Defense. the application package in an accessible these submissions available for public [FR Doc. 2018–10745 Filed 5–18–18; 8:45 am] format (e.g., braille, large print, viewing on the internet at http:// audiotape, or compact disc) on request BILLING CODE 5001–06–P www.regulations.gov as they are to the program contact person listed received without change, including any under FOR FURTHER INFORMATION personal identifiers or contact CONTACT. information. DEPARTMENT OF EDUCATION Electronic Access to This Document: FOR FURTHER INFORMATION CONTACT: To The official version of this document is request more information on this Applications for New Awards; the document published in the Federal proposed information collection or to Bipartisan Budget Act of 2018— Register. You may access the official obtain a copy of the proposal and Emergency Assistance to Institutions edition of the Federal Register and the associated collection instruments, of Higher Education Program Code of Federal Regulations via the please write to the Office of the Deputy Federal Digital System at www.gpo.gov/ Assistant Secretary for Defense for AGENCY: Office of Postsecondary fdsys. At this site you can view this Military Personnel Policy, Office of Education, Department of Education. document, as well as all other Military Compensation Policy, ATTN: ACTION: Notice; correction. documents of this Department Mr. Andrew Corso, Pentagon, published in the Federal Register, in Washington, DC 20301–1500, or call SUMMARY: On May 3, 2018, we text or Portable Document Format (703) 693–1059. published in the Federal Register a (PDF). To use PDF you must have notice inviting pre-applications and SUPPLEMENTARY INFORMATION: Adobe Acrobat Reader, which is applications for the fiscal year (FY) 2018 Title; Associated Form; and OMB available free at the site. Emergency Assistance to Institutions of Number: Data for Payment of Retired You also may access documents of the Higher Education Program, Catalog of Personnel; DD Form 2656; OMB Control Department published in the Federal Federal Domestic Assistance (CFDA) Number 0704–0569. Register by using the article search Needs and Uses: The information number 84.938T. This notice corrects feature at www.federalregister.gov. collection requirement is necessary to the Application and Submission Specifically, through the advanced obtain applicable retirement Instructions. search feature at this site, you can limit information from Uniformed Service DATES: The correction is applicable May your search to documents published by members and allow those members to 21, 2018. the Department. make certain retired pay and survivor FOR FURTHER INFORMATION CONTACT: Dated: May 16, 2018. annuity elections prior to retirement Beatriz Ceja, U.S. Department of Frank T. Brogan, from service or prior to reaching Education, 400 Maryland Avenue SW, Principal Deputy Assistant Secretary and eligibility to receive retired pay. The Room 260–04, Washington, DC 20202– delegated the duties of the Assistant form will also allow eligible members 6200. Telephone: (202) 453–6239. Secretary, Office of Planning, Evaluation and covered by the Blended Retirement Email: [email protected]. Policy Development, delegated the duties of the Assistant Secretary, Office of System to make a voluntary election of If you use a telecommunications a partial lump sum of retired pay, as Postsecondary Education. device for the deaf (TDD) or a text [FR Doc. 2018–10799 Filed 5–18–18; 8:45 am] required by Section 1415 of title 10, telephone (TTY), call the Federal Relay BILLING CODE 4000–01–P United States Code. Service (FRS), toll free, at 1–800–877– Affected Public: Individuals or 8339. Households. Annual Burden Hours: 16,700. SUPPLEMENTARY INFORMATION On May 3, DEPARTMENT OF EDUCATION Number of Respondents: 66,800. 2018, we published in the Federal Applications for New Awards; Responses per Respondent: 1. Register a notice inviting pre- Annual Responses: 66,800. applications and applications for new Education Research and Special Average Burden per Response: 15 awards for the FY 2018 Emergency Education Research Grant Programs minutes. Assistance to Institutions of Higher AGENCY: Institute of Education Sciences, Frequency: As required. Education Program (CFDA number Department of Education. Every member of the Uniformed 84.938T) (83 FR 19550). This notice ACTION: Notice. Services who retires or reaches the age corrects the Application and of eligibility to begin receiving retired Submission Instructions section of that SUMMARY: The Department of Education pay, in the case of members of the document by clarifying that applications is issuing a notice inviting applications Reserves and National Guard, will are to be submitted via email, and not for new awards for fiscal year (FY) 2019 voluntarily complete this form to through Grants.gov. for the Education Research and Special

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Education Research Grant Programs, of research in areas of demonstrated • Early Career Statistical and Catalog of Federal Domestic Assistance national need. Research Methodology Grants. (CFDA) numbers 84.305A, 84.305C, Competitions in This Notice: The The Partnerships and Collaborations 84.305D, 84.305H, 84.305L, 84.324A, Institute will conduct nine research Focused on Problems of Practice or 84.324B, 84.324L, and 84.324N. competitions in FY 2019 through two of Policy Competition. Under this DATES: The dates when applications are its centers: competition, NCER will consider only available and the deadlines for The Institute’s National Center for applications that address one of the transmittal of applications invited under Education Research (NCER) will hold a following two topics: this notice are indicated in the chart at total of five competitions—one • Researcher-Practitioner the end of this notice and in the competition in each of the following Partnerships in Education Research. • Requests for Applications (RFAs) that areas: Education research; education Evaluation of State and Local are posted at the following websites: research and development centers; Education Programs and Policies. https://ies.ed.gov/funding, https:// statistical and reseach methodology in The Low-Cost, Short-Duration www.ed.gov/programs/edresearch/ education; partnerships and Evaluation of Education Interventions index.html, and https://www.ed.gov/ collaborations focused on problems of Competitions. Under this competition, programs/specialedresearch/index.html. practice or policy; and low-cost, short- NCER will consider only applications that address low-cost, short-duration ADDRESSES: For the addresses for duration evaluation of education obtaining and submitting an interventions. evaluation of education interventions. application, please refer to our Common The Institute’s National Center for NCSER Competitions Special Education Research (NCSER) Instructions for Applicants to The Special Education Research Department of Education Discretionary will hold a total of four competitions— one competition in each of the following Competition. Under this competition, Grant Programs, published in the NCSER will consider only applications Federal Register on February 12, 2018 areas: Special education research; research training programs in special that address one of the following topics: (83 FR 6003) and available at • Autism Spectrum Disorders. www.gpo.gov/fdsys/pkg/FR-2018-02-12/ education; low-cost, short-duration • Cognition and Student Learning in pdf/2018-02558.pdf. evaluation of special education Special Education. FOR FURTHER INFORMATION CONTACT: The interventions; and research networks • Early Intervention and Early contact person associated with a focused on critical problems of policy Learning in Special Education. particular research competition is listed and practice in special education. • Families of Children with in the chart at the end of this notice, as NCER Competitions Disabilities. well as in the relevant RFA and • Professional Development for application package. The Education Research Competition. Teachers and School-Based Service If you use a telecommunications Under this competition, NCER will Providers. device for the deaf (TDD) or a text consider only applications that address • Reading, Writing, and Language telephone (TTY), call the Federal Relay one of the following topics: Development. • Service, toll free, at 1–800–877–8339. Career and Technical Education. • Science, Technology, Engineering, • SUPPLEMENTARY INFORMATION: Cognition and Student Learning. and Mathematics Education. • Early Learning Programs and • Social and Behavioral Outcomes to Full Text of Announcement Policies. Support Learning. • I. Funding Opportunity Description Education Leadership. • Special Education Policy, Finance, • Education Technology. Purpose of Program: In awarding and Systems. • Effective Teachers and Effective • Technology for Special Education. these grants, the Institute of Education Teaching. • Transition Outcomes for Secondary Sciences (Institute) intends to provide • English Learners. Students with Disabilities. national leadership in expanding • Improving Education Systems. • Special Topics, which include— fundamental knowledge and • Postsecondary and Adult • Career and Technical Education for understanding of (1) developmental and Education. Students with Disabilities. school readiness outcomes for infants • Reading and Writing. • English Learners with Disabilities. and toddlers with or at risk for a • Science, Technology, Engineering, • Systems-Involved Students with disability, (2) education outcomes for all and Mathematics Education. Disabilities. students from early childhood • Social and Behavioral Context for The Research Training Programs in education through postsecondary and Academic Learning. Special Education Competition. Under adult education, and (3) employment • Special Topics, which include— this competition, NCSER will consider and wage outcomes when relevant (such • Social Studies. only applications that address early as for students who engaged in career • Foreign Language Education. career development and mentoring. and technical, postsecondary, or adult The Education Research and The Low-Cost, Short-Duration education). The Institute’s research Development Centers Competition. Evaluation of Special Education grant programs are designed to provide Under this competition, NCER will Interventions Competitions. Under this interested individuals and the general consider only applications that address competition, NCSER will consider only public with reliable and valid one of the following two topics: applications that address low-cost, information about education practices • Improving Rural Education. short-duration evaluation of special that support learning and improve • Writing in Secondary Schools. education interventions. academic achievement and access to The Statistical and Research The Research Networks Focused on education opportunities for all students. Methodology in Education Competition. Critical Problems of Policy and Practice These interested individuals include Under this competition, NCER will in Special Education Competition. parents, educators, students, consider only applications that address Under this competition, NCSER will researchers, and policymakers. In one of the following two topics: consider only applications that address carrying out its grant programs, the • Statistical and Research research on Multi-Tiered Systems of Institute provides support for programs Methodology Grants. Support under the following topic:

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• Research Team. only some of the equally ranked 3. Content and Form of Application Program Authority: 20 U.S.C. 9501 et applications. In that case, the Institute Submission: Requirements concerning seq. may make a larger number of awards to the content of an application are Applicable Regulations: (a) The include all applications of the same contained in the RFA for the specific Education Department General rank. competition. The forms that must be Administrative Regulations in 34 CFR For NCER’s Education Research and submitted are in the application package parts 77, 81, 82, 84, 86, 97, 98, and 99. Development competition, we intend to for the specific competition. In addition, the regulations in 34 CFR fund one grant under the Writing topic 4. Submission Dates and Times: The part 75 are applicable, except for the and up to two grants under the Rural deadline date for transmittal of provisions in 34 CFR 75.100, 75.101(b), Education topic if they are deemed applications for each competition is 75.102, 75.103, 75.105, 75.109(a), complementary rather than duplicative indicated in the chart at the end of this 75.200, 75.201, 75.209, 75.210, 75.211, (e.g., if the research is conducted in notice and in the RFAs for the 75.217(a)–(c), 75.219, 75.220, 75.221, different States or regions of the competitions. 75.222, 75.230, and 75.708. (b) The country, and/or addressing different We do not consider an application Office of Management and Budget problems or issues in rural education). that does not comply with the deadline Guidelines to Agencies on For NCSER’s Research Networks requirements. Governmentwide Debarment and Focused on Critical Problems of Policy 5. Intergovernmental Review: These Suspension (Nonprocurement) in 2 CFR and Practice in Special Education competitions are not subject to part 180, as adopted and amended as competition, we intend to fund no more Executive Order 12372 and the regulations of the Department in 2 CFR than five Research Team grants. regulations in CFR part 79. part 3485. (c) The Uniform Contingent on the availability of 6. Funding Restrictions: We reference Administrative Requirements, Cost funds and the quality of applications, regulations outlining funding Principles, and Audit Requirements for we may make additional awards in FY restrictions in the Applicable Federal Awards in 2 CFR part 200, as 2020 from the list of highly-rated Regulations section of this notice. adopted and amended in 2 CFR part unfunded applications from the FY V. Application Review Information 3474. 2019 competitions. 1. Selection Criteria: For all of its Note: The regulations in 34 CFR part 86 Note: The Department is not bound by any grant competitions, the Institute uses apply to institutions of higher education estimates in this notice. selection criteria based on a peer-review only. Project Period: See chart at the end of process that has been approved by the Note: The open licensing requirement in 2 this notice. National Board for Education Sciences. CFR 3474.20 does not apply for this program. The Peer Review Procedures for Grant III. Eligibility Information II. Award Information Applications can be found on the 1. Eligible Applicants: Applicants that Institute’s website at https://ies.ed.gov/ Types of Awards: Discretionary grants have the ability and capacity to conduct director/sro/peer_review/application_ and cooperative agreements. scientifically valid research are eligible review.asp. Fiscal Information: Although to apply. Eligible applicants include, For the 84.305A, 84.305D, 84.324A, Congress has not yet enacted an but are not limited to, nonprofit and for- and 84.324N competitions, peer appropriation for FY 2019, the Institute profit organizations and public and reviewers will be asked to evaluate the is inviting applications for these private agencies and institutions of significance of the application, the competitions now so that applicants can higher education, such as colleges and quality of the research plan, the have adequate time to prepare their universities. qualifications and experience of the applications. The actual level of 2. Cost Sharing or Matching: These personnel, and the resources of the funding, if any, depends on final programs do not require cost sharing or applicant to support the proposed congressional action. The Department matching. activities. These criteria are described in may announce additional competitions IV. Application and Submission greater detail in the RFAs. later in 2018. The actual award of grants For the 84.324B competition, peer Information will depend on the availability of funds. reviewers will be asked to evaluate the Estimated Range of Awards: See chart 1. Application Submission significance of the application, the at the end of this notice. Instructions: For information on how to quality of the research plan, the quality Estimated Size and Number of submit an application please refer to our of the career development plan, the Awards: The size of the awards will Common Instructions for Applicants to qualifications and experience of the depend on the scope of the projects Department of Education Discretionary personnel, and the resources of the proposed. The number of awards made Grant Programs, published in the applicant to support the proposed under each competition will depend on Federal Register on February 12, 2018 activities. These criteria are described in the quality of the applications received (83 FR 6003) and available at greater detail in the RFA. for that competition, the availability of www.gpo.gov/fdsys/pkg/FR-2018-02-12/ For the 84.305C competition, peer funds, and the following limits on pdf/2018-02558.pdf. reviewers will be asked to evaluate the awards for specific competitions and 2. Other Information: Information significance of the application, the topics set by the Institute. See the chart regarding program and application quality of the research plan for the at the end of this notice for additional requirements for the competitions will focused program of research, the quality information. be contained in the NCER and NCSER of the plans for other center activities, The Institute may waive any of the RFAs, which will be available on or the quality of the management and following limits on awards for a specific before May 31, 2018, on the Institute’s institutional resources, and the competition or topic in the special case website at: https://ies.ed.gov/funding/. qualifications and experience of the that the peer review process results in The dates on which the application personnel. These criteria are described a tie between two or more grant packages for these competitions will be in greater detail in the RFA. applications, making it impossible to available are indicated in the chart at For the 84.305H, 84.305L, and adhere to the limits without funding the end of this notice. 84.324L competitions, peer reviewers

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will be asked to evaluate the integrity and performance system that provides the most current significance of the application, the (currently referred to as the Federal performance and financial expenditure quality of the partnership, the quality of Awardee Performance and Integrity information as directed by the Institute the research plan, the qualifications and Information System (FAPIIS)), under 34 CFR 75.118. The Institute may experience of the personnel, and the accessible through the System for also require more frequent performance resources of the applicant to support the Award Management. You may review reports under 34 CFR 75.720(c). For proposed activities. These criteria are and comment on any information about specific requirements on reporting, described in greater detail in the RFAs. yourself that a Federal agency please go to www.ed.gov/fund/grant/ For all of the Institute’s competitions, previously entered and that is currently apply/appforms/appforms.html. applications should include budgets no in FAPIIS. 5. Performance Measures: To evaluate higher than the relevant maximum Please note that, if the total value of the overall success of its education award as set out in the relevant RFA. your currently active grants, cooperative research and special education research The Institute will not make an award agreements, and procurement contracts grant programs, the Institute annually exceeding the relevant maximum award from the Federal Government exceeds assesses the percentage of projects that amount as set out in the relevant RFA. $10,000,000, the reporting requirements result in peer-reviewed publications, the 2. Review and Selection Process: We in 2 CFR part 200, Appendix XII, number of newly developed or modified remind potential applicants that in require you to report certain integrity interventions with evidence of promise reviewing applications in any information to FAPIIS semiannually. for improving student education discretionary grant competition, the Please review the requirements in 2 CFR outcomes, and the number of Institute- Institute may consider, under 34 CFR part 200, Appendix XII, if this grant supported interventions with evidence 75.217(d)(3), the past performance of the plus all the other Federal funds you of efficacy in improving student applicant in carrying out a previous receive exceed $10,000,000. outcomes including school readiness award, such as the applicant’s use of outcomes for young children and funds, achievement of project VI. Award Administration Information student academic outcomes and social objectives, and compliance with grant 1. Award Notices: If your application and behavioral competencies for school- conditions. The Institute may also is successful, we notify your U.S. age students. School readiness outcomes consider whether the applicant failed to Representative and U.S. Senators and include pre-reading, reading, pre- submit a timely performance report or send you a Grant Award Notification writing, early mathematics, early submitted a report of unacceptable (GAN); or we may send you an email science, and social-emotional skills that quality. containing a link to access an electronic prepare young children for school. In addition, in making a competitive version of your GAN. We may notify Student academic outcomes include grant award, the Institute also requires you informally, also. learning and achievement in core various assurances including those If your application is not evaluated or academic content areas (reading, applicable to Federal civil rights laws not selected for funding, we notify you. writing, math, and science) and that prohibit discrimination in programs 2. Administrative and National Policy outcomes that reflect students’ or activities receiving Federal financial Requirements: We identify successful progression through the assistance from the Department of administrative and national policy education system (e.g., course and grade Education (34 CFR 100.4, 104.5, 106.4, requirements in the application package completion; high school graduation; 108.8, and 110.23). and reference these and other postsecondary enrollment, progress, and 3. Risk Assessment and Specific requirements in the Applicable completion). Social and behavioral Conditions: Consistent with 2 CFR Regulations section of this notice. competencies include social and 200.205, before awarding grants under We reference the regulations outlining emotional skills, attitudes, and these competitions the Department the terms and conditions of an award in behaviors that are important to student’s conducts a review of the risks posed by the Applicable Regulations section of academic and post-academic success. applicants. Under 2 CFR 3474.10, the this notice and include these and other Additional education outcomes for Institute may impose specific conditions specific conditions in the GAN. The students with or at risk of a disability and, in appropriate circumstances, high- GAN also incorporates your approved (as defined in the relevant RFA) include risk conditions on a grant if the application as part of your binding developmental outcomes for infants and applicant or grantee is not financially commitments under the grant. toddlers (birth to age three) pertaining to stable; has a history of unsatisfactory 3. Grant Administration: Applicants cognitive, communicative, linguistic, performance; has a financial or other should budget for an annual two-day social, emotional, adaptive, functional, management system that does not meet meeting for project directors to be held or physical development; and the standards in 2 CFR part 200, subpart in Washington, DC. developmental and functional outcomes D; has not fulfilled the conditions of a 4. Reporting: (a) If you apply for a that improve education outcomes, prior grant; or is otherwise not grant under one of the competitions transition to employment, independent responsible. announced in this notice, you must living, and postsecondary education for 4. Integrity and Performance System: ensure that you have in place the students with disabilities. If you are selected under this necessary processes and systems to 6. Continuation Awards: In making a competition to receive an award that comply with the reporting requirements continuation award under 34 CFR over the course of the project period in 2 CFR part 170 should you receive 75.253, the Institute considers, among may exceed the simplified acquisition funding under the competition. This other things: Whether a grantee has threshold (currently $150,000), under 2 does not apply if you have an exception made substantial progress in meeting CFR 200.205(a)(2) we must make a under 2 CFR 170.110(b). the goals and objectives of the project; judgment about your integrity, business (b) At the end of your project period, whether the grantee has expended funds ethics, and record of performance under you must submit a final performance in a manner that is consistent with its Federal awards—that is, the risk posed report, including financial information, approved application and budget; and, by you as an applicant—before we make as directed by the Institute. If you if the Institute has established an award. In doing so, we must consider receive a multiyear award, you must performance measurement any information about you that is in the submit an annual performance report requirements, whether the grantee has

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met the performance targets in the format (e.g., braille, large print, text or Portable Document Format grantee’s approved application. audiotape, or compact disc) on request (PDF). To use PDF you must have In making a continuation award, the to the appropriate program contact Adobe Acrobat Reader, which is Institute also considers whether the person listed in the chart at the end of available free at this site. grantee is operating in compliance with this notice. the assurances in its approved You may also access documents of the Electronic Access to This Document: application, including those applicable Department published in the Federal to Federal civil rights laws that prohibit The official version of this document is Register by using the article search discrimination in programs or activities the document published in the Federal feature at: www.federalregister.gov. receiving Federal financial assistance Register. You may access the official Specifically, through the advanced from the Department (34 CFR 100.4, edition of the Federal Register and the search feature at this site, you can limit 104.5, 106.4, 108.8, and 110.23). Code of Federal Regulations via the your search to documents published by Federal Digital System at: www.gpo.gov/ the Department. VII. Other Information fdsys. At this site you can view this Dated: May 16, 2018. Accessible Format: Individuals with document, as well as all other disabilities can obtain this document documents of this Department Mark Schneider, and a copy of the RFA in an accessible published in the Federal Register, in Director, Institute of Education Sciences.

Deadline for CFDA No. and name Application package transmittal of Estimated range of awards * Project period For further available applications information contact

National Center for Education Research (NCER)

84.305A Education Research. D Career and Technical Edu- cation D Cognition and Student Learn- ing D Early Learning Programs and Policies D Education Leadership D Education Technology D Effective Teachers and Effec- tive Teaching D English Learners D Improving Education Systems June 21, 2018 ...... August 23, 2018 ...... $100,000 to $760,000 ...... Up to 5 years .... Molly Faulkner-Bond Molly.Faulkner-Bond@ ed.gov. D Postsecondary and Adult Edu- cation D Reading and Writing D Science, Technology, Engi- neering, and Mathematics Education D Social and Behavioral Context for Academic Learning D Special Topics Æ Social Studies Æ Foreign Language Edu- cation 84.305C Education Research and Development Centers. D Improving Rural Education June 21, 2018 ...... August 9, 2018 ...... $1,000,000 to $2,000,000 ... Up to 5 years .... Corinne Alfed [email protected]. D Writing in Secondary Schools 84.305D Statistical and Research Methodology in Education. D Statistical and Research Meth- June 21, 2018 ...... August 23, 2018 ...... $40,000 to $300,000 ...... Up to 3 years .... Phill Gagne odology Grants [email protected]. D Early Career Statistical and Research Methodology Grants 84.305H Partnerships and Collabora- tions Focused on Problems of Practice or Policy. D Researcher-Practitioner Part- June 21, 2018 ...... August 23, 2018 ...... $50,000 to $1,000,000 ...... Up to 5 years .... Allen Ruby nerships in Education Re- [email protected]. search D Evaluation of State and Local Education Programs and Poli- cies 84.305L Low-Cost, Short-Duration January 10, 2019 ...... March 7, 2019 ...... $50,000 to $125,000 ...... Up to 2 years .... Phill Gagne Evaluation of Education Interven- [email protected]. tions.

National Center for Special Education Research (NCSER)

84.324A Special Education Re- search.

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Deadline for CFDA No. and name Application package transmittal of Estimated range of awards * Project period For further available applications information contact

D Autism Spectrum Disorders D Cognition and Student Learn- ing in Special Education D Early Intervention and Early Learning in Special Education D Families of Children with Dis- abilities D Professional Development for Teachers and School-Based Service Providers D Reading, Writing, and Lan- guage Development D Science, Technology, Engi- neering, and Mathematics Education D Social and Behavioral Out- June 21, 2018 ...... August 23, 2018 ...... $100,000 to $760,000 ...... Up to 5 years .... Amy Sussman comes to Support Learning [email protected]. D Special Education Policy, Fi- nance, and Systems D Technology for Special Edu- cation D Transition Outcomes for Sec- ondary Students with Disabil- ities D Special Topics Æ Career and Technical Edu- cation for Students with Dis- abilities Æ English Learners with Disabil- ities Æ Systems-Involved Students with Disabilities 84.324B Research Training Pro- June 21, 2018 ...... August 23, 2018 ...... $50,000 to $125,000 ...... Up to 4 years .... Katherine Taylor grams in Special Education. [email protected]. D Early Career Development and Mentoring 84.324L Low-Cost, Short-Duration January 10, 2019 ...... March 7, 2019 ...... $50,000 to $125,000 ...... Up to 2 years .... Sarah Brasiel Evaluation of Special Education [email protected]. Interventions. 84.324N Research Networks Fo- June 21, 2018 ...... August 9, 2018 ...... $300,000 to $1,000,000 ...... Up to 5 years .... Amy Sussman cused on Critical Problems of Pol- [email protected]. icy and Practice in Special Edu- cation. D Research Team * These estimates are annual amounts. Note: The Department is not bound by any estimates in this notice. Note: If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll free, at 1Ð800Ð877Ð8339.

[FR Doc. 2018–10802 Filed 5–18–18; 8:45 am] jointly-owned system from Westbrook, existing system facilities in connection BILLING CODE 4000–01–P Maine, to Dracut, Massachusetts, by with this request, and as such, there are 11.321 million cubic feet per day no costs associated with the project (MMcf/d), and approval of a lease except for the lease payment as further DEPARTMENT OF ENERGY between Portland Natural Gas and described in the application. Maritimes & Northeast Pipeline, L.L.C., Any questions regarding this Federal Energy Regulatory effective November 1, 2019, all as more application should be directed to Robert Commission fully described in the application which Jackson, Manager, Certificates & is on file with the Commission and open Regulatory Administration, Portland [Docket No. CP18–479–000] to public inspection. The filing may also Natural Gas Transmission System, 700 be viewed on the web at http:// Louisiana Street, Suite 700, Houston, Notice of Applications; Portland www.ferc.gov using the ‘‘eLibrary’’ link. Texas 77002–2700, or call (832) 320– Natural Gas Transmission System Enter the docket number excluding the 5487, or email: robert_jackson@ Take notice that on May 7, 2018, last three digits in the docket number transcanada.com. Portland Natural Gas Transmission field to access the document. For Pursuant to section 157.9 of the System (Portland Natural Gas), 700 assistance, contact FERC at Commission’s rules (18 CFR 157.9), Louisiana Street, Suite 700, Houston, [email protected] or call within 90 days of this Notice, the TX 77002–2700, filed an application toll-free, (866) 208–3676 or TTY, (202) Commission staff will either: Complete under section 7(c) of the Natural Gas 502–8659. its environmental assessment (EA) and Act (NGA) (15 U.S.C. section 717 f(c)) Portland Natural Gas states that it’s place it into the Commission’s public and Parts 157 of the Commission’s rules Phase II of the Portland XPress Project record (eLibrary) for this proceeding; or and regulations for Phase II of the would expand gas service delivery issue a Notice of Schedule for Portland Xpress Project. Portland options for the New England market. Environmental Review. If a Notice of Natural Gas requests authorization to Portland Natural Gas proposes no Schedule for Environmental Review is increase the certificated capacity on its construction or modifications to its issued, it will indicate, among other

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milestones, the anticipated date for the environmental review process. Accession Number: 20180514–6208. Commission staff’s issuance of the final Environmental commentors will not be Comments Due: 5 p.m. ET 6/4/18. environmental impact statement (FEIS) required to serve copies of filed Docket Numbers: ER17–1414–002. or EA for this proposal. The filing of the documents on all other parties. Applicants: DTE Electric Company. EA in the Commission’s public record However, the non-party commentors Description: Compliance filing: for this proceeding or the issuance of a will not receive copies of all documents Reactive Revenue Compliance Filing to Notice of Schedule for Environmental filed by other parties or issued by the be effective 6/1/2017. Review will serve to notify federal and Commission (except for the mailing of Filed Date: 5/15/18. state agencies of the timing for the environmental documents issued by the Accession Number: 20180515–5111. completion of all necessary reviews, and Commission) and will not have the right Comments Due: 5 p.m. ET 6/5/18. the subsequent need to complete all to seek court review of the Docket Numbers: ER18–1580–000. federal authorizations within 90 days of Commission’s final order. Applicants: Black Hills/Colorado the date of issuance of the Commission The Commission strongly encourages Electric Utility Company. staff’s FEIS or EA. electronic filings of comments, protests Description: eTariff filing per 1450: There are two ways to become and interventions in lieu of paper using Response to Order to Show Cause under involved in the Commission’s review of the eFiling link at http://www.ferc.gov. EL18–76 to be effective 3/21/2018. this project. First, any person wishing to Persons unable to file electronically Filed Date: 5/11/18. obtain legal status by becoming a party should submit an original and 5 copies Accession Number: 20180511–5239. to the proceedings for this project of the protest or intervention to the Comments Due: 5 p.m. ET 6/1/18. should, on or before the comment date Federal Energy regulatory Commission, Docket Numbers: ER18–1583–000. stated below file with the Federal 888 First Street NE, Washington, DC Applicants: Black Hills Power, Inc. Energy Regulatory Commission, 888 20426. Description: eTariff filing per 1450: First Street NE, Washington, DC 20426, Comment Date: 5:00 p.m. Eastern Response to Order to Show Cause under a motion to intervene in accordance Time on June 4, 2018. EL18–65 to be effective 3/21/2018. with the requirements of the Dated: May 14, 2018. Filed Date: 5/14/18. Commission’s Rules of Practice and Kimberly D. Bose, Accession Number: 20180514–5014. Procedure (18 CFR 385.214 or 385.211) Comments Due: 5 p.m. ET 6/4/18. and the Regulations under the NGA (18 Secretary. Docket Numbers: ER18–1585–000. CFR 157.10). A person obtaining party [FR Doc. 2018–10751 Filed 5–18–18; 8:45 am] Applicants: Rockland Electric status will be placed on the service list BILLING CODE 6717–01–P Company, PJM Interconnection, L.L.C. maintained by the Secretary of the Description: eTariff filing per 1450: Commission and will receive copies of RECO submits revisions to OATT, Att. all documents filed by the applicant and DEPARTMENT OF ENERGY H–12, Schedules 7 & 8 re: EL18–111 to by all other parties. A party must submit Federal Energy Regulatory be effective 12/31/9998. 7 copies of filings made in the Commission Filed Date: 5/14/18. proceeding with the Commission and Accession Number: 20180514–6002. must mail a copy to the applicant and Combined Notice of Filings #1 Comments Due: 5 p.m. ET 6/4/18. to every other party. Only parties to the proceeding can ask for court review of Take notice that the Commission Docket Numbers: ER18–1588–000. Commission orders in the proceeding. received the following electric rate Applicants: New York State Electric & However, a person does not have to filings: Gas Corporation, Rochester Gas and intervene in order to have comments Docket Numbers: ER10–3193–012; Electric Corporation, New York considered. The second way to ER11–2042–013; ER11–2041–013; Independent System Operator, Inc. participate is by filing with the ER10–2924–012; ER10–2718–028; Description: eTariff filing per 1450: Secretary of the Commission, as soon as ER10–2538–009; ER14–1317–008; NYSEG and RG&E response to show possible, an original and two copies of ER10–3028–004; ER17–2074–002; cause order re: Corporate income tax comments in support of or in opposition ER17–2364–002; ER10–2719–028; rate change to be effective 1/1/2018. to this project. The Commission will ER16–2462–007; ER14–2500–008; Filed Date: 5/14/18. consider these comments in ER14–2498–008; ER10–2961–013; Accession Number: 20180514–6027. determining the appropriate action to be ER10–3099–020. Comments Due: 5 p.m. ET 6/4/18. taken, but the filing of a comment alone Applicants: Brooklyn Navy Yard Docket Numbers: ER18–1591–000. will not serve to make the filer a party Cogeneration Partners, L.P., Seneca Applicants: FirstEnergy Solutions to the proceeding. The Commission’s Energy II, LLC, Innovative Energy Corp. rules require that persons filing Systems, LLC, Kleen Energy Systems, Description: Request of FirstEnergy comments in opposition to the project LLC, Cogen Technologies Linden Solutions Corp. for Authorization to provide copies of their protests only to Venture, L.P., Panoche Energy Center, Make Wholesale Power Sales to an the party or parties directly involved in LLC, Sunshine Gas Producers, LLC, Elk Affiliate. the protest. Hills Power, LLC, Burney Forest Filed Date: 5/14/18. Persons who wish to comment only Products, A Joint Venture, St. Joseph Accession Number: 20180514–6043. on the environmental review of this Energy Center, LLC, East Coast Power Comments Due: 5 p.m. ET 6/4/18. project should submit an original and Linden Holding, L.L.C., Oregon Clean Docket Numbers: ER18–1595–000. two copies of their comments to the Energy, LLC, Newark Energy Center, Applicants: Monongahela Power Secretary of the Commission. LLC, EIF Newark, LLC, Edgecombe Company, The Potomac Edison Environmental commentors will be Genco, LLC, RC Cape May Holdings, Company, West Penn Power Company, placed on the Commission’s LLC. PJM Interconnection, L.L.C. environmental mailing list, will receive Description: Notice of Non-Material Description: eTariff filing per 1450: copies of the environmental documents, Change in Status of the Ares EIF Notice APS submits revisions to OATT and will be notified of meetings Parties. Attachment H–11 re Tax Reform EL18– associated with the Commission’s Filed Date: 5/14/18. 101 to be effective 3/21/2018.

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Filed Date: 5/14/18. Accession Number: 20180514–6121. Docket Numbers: ER18–1611–000. Accession Number: 20180514–6075. Comments Due: 5 p.m. ET 6/4/18. Applicants: Midcontinent Comments Due: 5 p.m. ET 6/4/18. Docket Numbers: ER18–1604–000. Independent System Operator, Inc. Docket Numbers: ER18–1596–000. Applicants: Cogentrix of Alamosa, Description: Notification of Tariff Applicants: Sky River LLC. LLC. Discrepancy and Request for Limited Description: eTariff filing per 1450: Description: § 205(d) Rate Filing: Tariff Waiver of Midcontinent Response to Order to Show Cause to be Notification of Succession and Update Independent System Operator, Inc. effective 3/21/2018. to Tariff to be effective 5/15/2018. Filed Date: 5/15/18. Filed Date: 5/14/18. Filed Date: 5/14/18. Accession Number: 20180515–5208. Accession Number: 20180514–6089. Accession Number: 20180514–6160. Comments Due: 5 p.m. ET 6/5/18. Comments Due: 5 p.m. ET 6/4/18. Comments Due: 5 p.m. ET 6/4/18. Docket Numbers: ER18–1612–000. Docket Numbers: ER18–1598–000. Docket Numbers: ER18–1605–000. Applicants: Southern California Applicants: Central Hudson Gas & Applicants: Diablo Winds, LLC. Edison Company. Electric Corporation, New York Description: § 205(d) Rate Filing: Description: Compliance filing: SCE Independent System Operator, Inc. Market-Based Rate Notice of Change in Compliance Filing Amended WDAT Description: eTariff filing per 1450: Status to be effective 5/14/2018. GIP—Order No. 842 to be effective Central Hudson response to show cause Filed Date: 5/14/18. 5/15/2018. order re: Corporate income tax rate Accession Number: 20180514–6177. Filed Date: 5/15/18. change to be effective 7/1/2018. Comments Due: 5 p.m. ET 6/4/18. Accession Number: 20180515–5213. Filed Date: 5/14/18. Docket Numbers: ER18–1606–000. Comments Due: 5 p.m. ET 6/5/18. Accession Number: 20180514–6104. Applicants: Midcontinent Docket Numbers: ER18–1613–000. Comments Due: 5 p.m. ET 6/4/18. Independent System Operator, Inc. Applicants: Alcoa Power Generating Docket Numbers: ER18–1599–000. Description: Notice of cancellation of Inc. Applicants: Ohio Valley Electric Adjacent Balancing Authority Description: Compliance filing: Order Corporation. Coordination Agreement (Rate Schedule No. 842 Compliance Filing (Long Sault Description: eTariff filing per 1450: No. 29) of Midwest Independent Divison OATT) to be effective Response to Order to Show Cause under Transmission System Operator, Inc. 5/15/2018. EL18–105 to be effective 3/21/2018. Filed Date: 5/15/18. Filed Date: 5/15/18. Filed Date: 5/14/18. Accession Number: 20180515–5168. Accession Number: 20180515–5215. Accession Number: 20180514–6106. Comments Due: 5 p.m. ET 6/5/18. Comments Due: 5 p.m. ET 6/5/18. Comments Due: 5 p.m. ET 6/4/18. Docket Numbers: ER18–1607–000. Docket Numbers: ER18–1614–000. Docket Numbers: ER18–1600–000. Applicants: Midcontinent Applicants: Alcoa Power Generating Applicants: Alcoa Power Generating Independent System Operator, Inc. Inc. Inc. Description: § 205(d) Rate Filing: Description: Compliance filing: Order Description: eTariff filing per 1450: 2018–05–15 Tariff revisions to clarify No. 842 Compliance Filing (Tapoco Response to Order to Show Cause (Long Manual Redispatch Processes to be Divison OATT) to be effective Sault Division OATT) under EL18–72 to effective 5/16/2018. 5/15/2018. be effective 3/21/2018. Filed Date: 5/15/18. Filed Date: 5/15/18. Filed Date: 5/14/18. Accession Number: 20180515–5175. Accession Number: 20180515–5216. Accession Number: 20180514–6112. Comments Due: 5 p.m. ET 6/5/18. Comments Due: 5 p.m. ET 6/5/18. Comments Due: 5 p.m. ET 6/4/18. Docket Numbers: ER18–1608–000. Docket Numbers: ER18–1615–000. Docket Numbers: ER18–1601–000. Applicants: Portland General Electric Applicants: NorthWestern Applicants: Alcoa Power Generating Company Corporation. Inc. Description: Compliance filing: Order Description: § 205(d) Rate Filing: SA Description: eTariff filing per 1450: 842 Filing to be effective 5/15/2018. 31 18th Rev—NITSA with Phillips 66 Response to Order to Show Cause Filed Date: 5/15/18. Company to be effective 7/1/2018. (Tapoco Division OATT) under EL18–73 Accession Number: 20180515–5179. Filed Date: 5/15/18. to be effective 3/21/2018. Comments Due: 5 p.m. ET 6/5/18. Accession Number: 20180515–5227. Filed Date: 5/14/18. Docket Numbers: ER18–1609–000. Comments Due: 5 p.m. ET 6/5/18. Accession Number: 20180514–6118. Applicants: Public Service Company Docket Numbers: ER18–1616–000. Comments Due: 5 p.m. ET 6/4/18. of New Mexico. Applicants: California Independent Docket Numbers: ER18–1602–000. Description: Compliance filing: Order System Operator Corporation. Applicants: Cube Yadkin 842 Compliance Filing to be effective Description: Compliance filing: 2018– Transmission LLC. 5/15/2018. 05–15 Frequency Response FERC Order Description: eTariff filing per 1450: Filed Date: 5/15/18. 842 Compliance to be effective Response to Order to Show Cause to be Accession Number: 20180515–5183. 5/15/2018. effective 3/21/2018. Comments Due: 5 p.m. ET 6/5/18. Filed Date: 5/15/18. Filed Date: 5/14/18. Docket Numbers: ER18–1610–000. Accession Number: 20180515–5228. Accession Number: 20180514–6120. Applicants: PJM Interconnection, Comments Due: 5 p.m. ET 6/5/18. Comments Due: 5 p.m. ET 6/4/18. L.L.C. Docket Numbers: ER18–1617–000. Docket Numbers: ER18–1603–000. Description: § 205(d) Rate Filing: First Applicants: Alabama Power Applicants: Nevada Power Company. Revised ISA, SA No. 4776, Queue No. Company. Description: eTariff filing per 1450: AB1–014/AC2–066 to be effective Description: Compliance filing: Order OATT Tax Rate Changes in Compliance 4/16/2018. No. 842 Compliance Filing to be with Show Cause Order 03/18/18 to be Filed Date: 5/15/18. effective 5/15/2018. effective 3/21/2018. Accession Number: 20180515–5190. Filed Date: 5/15/18. Filed Date: 5/14/18. Comments Due: 5 p.m. ET 6/5/18. Accession Number: 20180515–5233.

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Comments Due: 5 p.m. ET 6/5/18. Applicants: Florida Power & Light DEPARTMENT OF ENERGY Docket Numbers: ER18–1618–000. Company. Federal Energy Regulatory Applicants: Arizona Public Service Description: Compliance filing: FPL Commission Company. Order No. 842 Compliance Filing to be Description: Compliance filing: effective 5/15/2018. [Docket No. EL18–147–000] Primary Frequency Response to be effective 5/15/2018. Filed Date: 5/15/18. Notice of Complaint; Alabama Filed Date: 5/15/18. Accession Number: 20180515–5250. Municipal Electric Authority and Accession Number: 20180515–5236. Comments Due: 5 p.m. ET 6/5/18. Cooperative Energy v. Alabama Power Comments Due: 5 p.m. ET 6/5/18. Company, Georgia Power Company, Docket Numbers: ER18–1619–000. Docket Numbers: ER18–1626–000. Gulf Power Company, Mississippi Applicants: PJM Interconnection, Applicants: Sky River LLC. Power Company and Southern Company Services, Inc. L.L.C. Description: Compliance filing: Sky Description: § 205(d) Rate Filing: River LLC Order No. 842 Compliance Take notice that on May 10, 2018, Original ISA SA No. 5071; Queue No. Filing to be effective 5/15/2018. pursuant to sections 206 and 306, of the AB1–132 to be effective 4/16/2018. Filed Date: 5/15/18. Federal Power Act, 16 U.S.C. 824e and Filed Date: 5/15/18. 825e (2012) and Rule 206 of the Federal Accession Number: 20180515–5239. Accession Number: 20180515–5251. Energy Regulatory Commission’s Comments Due: 5 p.m. ET 6/5/18. Comments Due: 5 p.m. ET 6/5/18. (Commission) Rules of Practice and Docket Numbers: ER18–1620–000. Procedure, 18 CFR 385.206 (2018), Applicants: New York Independent Docket Numbers: ER18–1627–000. Alabama Municipal Electric Authority System Operator, Inc. Applicants: Ohio Valley Electric and Cooperative Energy (collectively, Description: Compliance filing: Corporation. Joint Complainants) filed a formal Compliance filing Order No. 842 tariff Description: Compliance filing: Order complaint against Alabama Power revisions to be effective 5/15/2018. No. 842 Compliance Filing to be Company, Georgia Power Company, Filed Date: 5/15/18. effective 5/15/2018. Gulf Power Company, Mississippi Accession Number: 20180515–5241. Power Company and Southern Comments Due: 5 p.m. ET 6/5/18. Filed Date: 5/15/18. Company Services, Inc., acting as an Docket Numbers: ER18–1621–000. Accession Number: 20180515–5267. agent for the transmission owning Applicants: Pacific Gas and Electric Comments Due: 5 p.m. ET 6/5/18. subsidiaries of the Southern Company Company. (collectively, Southern Companies or Description: Compliance filing: FERC The filings are accessible in the Respondents) alleging that the 11.25% Order No. 842 Amendment to Commission’s eLibrary system by base return on common equity currently Wholesale Distribution Tariff GIP, SGIA, clicking on the links or querying the included in the formula transmission LGIA to be effective 5/15/2018. docket number. rate of the Southern Companies is Filed Date: 5/15/18. Any person desiring to intervene or unjust and unreasonable and should be Accession Number: 20180515–5242. protest in any of the above proceedings reduced with refunds made effective as Comments Due: 5 p.m. ET 6/5/18. must file in accordance with Rules 211 of the filing date of the Complaint, as more fully explained in the complaint. Docket Numbers: ER18–1622–000. and 214 of the Commission’s Applicants: PJM Interconnection, Joint Complainants certify that copies Regulations (18 CFR 385.211 and of the complaint were served in L.L.C. 385.214) on or before 5:00 p.m. Eastern Description: Tariff Cancellation: accordance with rule 206(c). time on the specified comment date. Any person desiring to intervene or to Notice of Cancellation of Service Protests may be considered, but Agreement No. 4038; Queue No. Z2–001 protest this filing must file in intervention is necessary to become a accordance with Rules 211 and 214 of to be effective 5/29/2018. party to the proceeding. Filed Date: 5/15/18. the Commission’s Rules of Practice and Accession Number: 20180515–5243. eFiling is encouraged. More detailed Procedure (18 CFR 385.211 and Comments Due: 5 p.m. ET 6/5/18. information relating to filing 385.214). Protests will be considered by the Commission in determining the Docket Numbers: ER18–1623–000. requirements, interventions, protests, service, and qualifying facilities filings appropriate action to be taken, but will Applicants: Louisville Gas and not serve to make protestants parties to Electric Company. can be found at: http://www.ferc.gov/ docs-filing/efiling/filing-req.pdf. For the proceeding. Any person wishing to Description: Compliance filing: Order become a party must file a notice of other information, call (866) 208–3676 No. 842 Compliance Filing to be intervention or motion to intervene, as (toll free). For TTY, call (202) 502–8659. effective 5/15/2018. appropriate. The Respondents’ answer Filed Date: 5/15/18. Dated: May 15, 2018. and all interventions, or protests must Accession Number: 20180515–5244. Nathaniel J. Davis, Sr., be filed on or before the comment date. Comments Due: 5 p.m. ET 6/5/18. Deputy Secretary. The Respondents’ answer, motions to Docket Numbers: ER18–1624–000. [FR Doc. 2018–10725 Filed 5–18–18; 8:45 am] intervene, and protests must be served Applicants: Florida Power & Light on the Complainant. Company. BILLING CODE 6717–01–P The Commission encourages Description: § 205(d) Rate Filing: electronic submission of protests and FPL–FPUC Revisions to the NITSA No. interventions in lieu of paper using the 337 to be effective 4/16/2018. eFiling link at http://www.ferc.gov. Filed Date: 5/15/18. Persons unable to file electronically Accession Number: 20180515–5249. should submit an original and 5 copies Comments Due: 5 p.m. ET 6/5/18. of the protest or intervention to the Docket Numbers: ER18–1625–000. Federal Energy Regulatory Commission,

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888 First Street NE, Washington, DC The Commission encourages average PPI–FG index figures were 20426. electronic submission of protests and 191.9 for 2016 and 198.0 for 2017.2 This filing is accessible on-line at interventions in lieu of paper using the Thus, the percent change (expressed as http://www.ferc.gov, using the eLibrary eFiling link at http://www.ferc.gov. a decimal) in the annual average PPI–FG link and is available for review in the Persons unable to file electronically from 2016 to 2017, plus 1.23 percent, is Commission’s Public Reference Room in should submit an original and 5 copies positive 0.044087.3 Oil pipelines must Washington, DC. There is an of the protest or intervention to the multiply their July 1, 2017, through June eSubscription link on the website that Federal Energy Regulatory Commission, 30, 2018, index ceiling levels by enables subscribers to receive email 888 First Street NE, Washington, DC positive 1.044087 4 to compute their notification when a document is added 20426. index ceiling levels for July 1, 2018, to a subscribed docket(s). For assistance This filing is accessible on-line at through June 30, 2019, in accordance with any FERC Online service, please http://www.ferc.gov, using the eLibrary with 18 CFR 342.3(d). For guidance in email [email protected], or link and is available for review in the calculating the ceiling levels for each 12 call (866) 208–3676 (toll free). For TTY, Commission’s Public Reference Room in month period beginning January 1, call (202) 502–8659. Washington, DC. There is an 5 Comment Date: 5:00 p.m. Eastern eSubscription link on the website that l995, see Explorer Pipeline Company, Time on June 4, 2018. enables subscribers to receive email 71 FERC 61,416 at n.6 (1995). Dated: May 15, 2018. notification when a document is added In addition to publishing the full text of this Notice in the Federal Register, Nathaniel J. Davis, Sr., to a subscribed docket(s). For assistance with any FERC Online service, please the Commission provides all interested Deputy Secretary. email [email protected], or persons an opportunity to view and/or [FR Doc. 2018–10728 Filed 5–18–18; 8:45 am] call (866) 208–3676 (toll free). For TTY, print this Notice via the internet BILLING CODE 6717–01–P call (202) 502–8659. through FERC’s Home Page (http:// Comment Date: 5:00 p.m. Eastern time www.ferc.gov) and in FERC’s Public on May 31, 2018. DEPARTMENT OF ENERGY Reference Room during normal business Dated: May 15, 2018. hours (8:30 a.m. to 5:00 p.m. Eastern Federal Energy Regulatory Kimberly D. Bose, time) at 888 First Street NE, Room 2A, Commission Secretary. Washington, DC 20426. The full text of [Docket No. OR18–24–000] [FR Doc. 2018–10757 Filed 5–18–18; 8:45 am] this Notice is available on FERC’s Home BILLING CODE 6717–01–P Page at the eLibrary link. To access this Notice of Request for Temporary document in eLibrary, type the docket Waiver; Merit Energy Company, LLC, number excluding the last three digits of Lambda Energy Resources, LLC DEPARTMENT OF ENERGY this document in the docket number field and follow other directions on the Take notice that on May 14, 2018, Federal Energy Regulatory search page. pursuant to Rule 204 of the Federal Commission Energy Regulatory Commission’s User assistance is available for (Commission) Rules of Practice and [Docket No. RM93–11–000] eLibrary and other aspects of FERC’s Procedure, 18 CFR 385.204, Merit website during normal business hours. Notice of Annual Change in the For assistance, please contact the Energy Company, LLC and Lambda Producer Price Index for Finished Commission’s Online Support at 1–866– Energy Resources, LLC filed a petition Goods; Revisions to Oil Pipeline 208–3676 (toll free) or 202–502–6652 seeking waiver of ICA sections 6 and 20 Regulations Pursuant to the Energy and Commission’s implementing Policy Act of 1992 (email at [email protected]), regulations at 18 CFR parts 341 and 357 or the Public Reference Room at 202– with respect to the Kalkaska, Michigan The Commission’s regulations include 502–8371, TTY 202–502–8659. Email pipeline which transports ethane and a methodology for oil pipelines to the Public Reference Room at other natural gas liquids, and is being change their rates through use of an [email protected]. sold by Merit Energy Company, LLC to index system that establishes ceiling Lambda Energy Resources, LLC or an levels for such rates. The Commission 2 Bureau of Labor Statistics (BLS) publishes the affiliate of Lambda, all as more fully bases the index system, found at 18 CFR final figure in mid-May of each year. This figure is explained in the petition. 342.3, on the annual change in the publicly available from the Division of Industrial Any person desiring to intervene or to Producer Price Index for Finished Prices and Price Indexes of the BLS, at 202–691– protest this filing must file in Goods (PPI–FG), plus one point two 7705, and in print in August in Table 1 of the accordance with Rules 211 and 214 of three percent (PPI–FG + 1.23). The annual data supplement to the BLS publication Producer Price Indexes via the internet at http:// the Commission’s Rules of Practice and Commission determined in an Order www.bls.gov/ppi/home.htm. To obtain the BLS 1 Procedure (18 CFR 385.211 and 385.214. Establishing Index Level, issued data, scroll down to PPI Databases and click on Top Protests will be considered by the December 17, 2015, that PPI–FG + 1.23 Picks of the Commodity Data including headline Commission in determining the is the appropriate oil pricing index FD–ID indexes (Producer Price Index—PPI). At the appropriate action to be taken, but will factor for pipelines to use for the five- next screen, under the heading PPI Commodity not serve to make protestants parties to year period commencing July 1, 2016. Data, select the box, Finished goods— the proceeding. Any person wishing to The regulations provide that the WPUFD49207, then scroll to the bottom of this screen and click on Retrieve data. become a party must file a notice of Commission will publish annually, an 3 [198.0¥191.9]/191.9 = 0.031787 + 0.0123 = + intervention or motion to intervene, as index figure reflecting the final change 0.044087. appropriate. Such notices, motions, or in the PPI–FG, after the Bureau of Labor 4 1 + 0.044087 = 1.044087. protests must be filed on or before the Statistics publishes the final PPI–FG in 5 For a listing of all prior multipliers issued by the comment date. Anyone filing a motion May of each calendar year. The annual Commission, see the Commission’s website, http:// to intervene or protest must serve a copy www.ferc.gov/industries/oil/gen-info/pipeline- of that document on the Petitioner. 1 153 FERC 61,312 at P 52 (2015). index.asp.

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Dated: May 11, 2018. Instructions: All submissions must be response and less detail would be Kimberly D. Bose, formatted and filed in accordance with required. Secretary. submission guidelines at: http:// The data required to be submitted in [FR Doc. 2018–10756 Filed 5–18–18; 8:45 am] www.ferc.gov/help/submission- a normal certificate filing consists of BILLING CODE 6717–01–P guide.asp. For user assistance contact identification of the company and FERC Online Support by email at responsible officials, factors considered [email protected], or by phone in the location of the facilities and the DEPARTMENT OF ENERGY at: (866) 208–3676 (toll-free), or (202) impact on the area for environmental 502–8659 for TTY. considerations. Also to be submitted are Federal Energy Regulatory Docket: Users interested in receiving the following, as applicable to the Commission automatic notification of activity in this specific request: [Docket No. IC18–13–000] docket or in viewing/downloading • Flow diagrams showing the design comments and issuances in this docket capacity for engineering design Commission Information Collection may do so at http://www.ferc.gov/docs- verification and safety determination; Activities (FERC–537); Comment filing/docs-filing.asp. • Cost of proposed facilities, plans for Request; Extension FOR FURTHER INFORMATION CONTACT: financing, and estimated revenues and AGENCY: Federal Energy Regulatory Ellen Brown may be reached by email expenses related to the proposed facility Commission. at [email protected], telephone for accounting and financial evaluation. • Existing and proposed storage ACTION: Notice of information collection at (202) 502–8663, and fax at (202) 273– and request for comments. 0873. capacity and pressures and reservoir engineering studies for requests to SUPPLEMENTARY INFORMATION: SUMMARY: In compliance with the increase storage capacity; requirements of the Paperwork Title: FERC–537 (Gas Pipeline • An affidavit showing the consent of Reduction Act of 1995, the Federal Certificates: Construction, Acquisition, existing customers for abandonment of Energy Regulatory Commission and Abandonment. service requests. (Commission or FERC) is soliciting OMB Control No.: 1902–0060. Additionally, requests for an increase public comment on the currently Type of Request: Three-year extension of pipeline capacity must include a approved information collection, FERC– of the FERC–537 information collection statement that demonstrates compliance 537 (Gas Pipeline Certificates: requirements with no changes to the with the Commission’s Certificate Construction, Acquisition, and current reporting requirements. Policy Statement by making a showing Abandonment). Abstract: The FERC–537 information that the cost of the expansion will not DATES: Comments on the collection of collection requires natural gas be subsidized by existing customers and information are due July 20, 2018. companies to file the necessary that there will not be adverse economic ADDRESSES: You may submit comments information with FERC in order for the impacts to existing customers, (identified by Docket No. IC18–13–000) Commission to determine if the competing pipelines or their customers, by either of the following methods: requested certificate should be nor to landowners and to surrounding • eFiling at Commission’s website: authorized. Certain self-implementing communities. http://www.ferc.gov/docs-filing/ construction and abandonment Type of Respondents: Natural gas efiling.asp. programs do not require the filing of companies. • Mail/Hand Delivery/Courier: applications. However, those types of Estimate of Annual Burden: 1 The Federal Energy Regulatory Commission, programs do require the filing of annual Commission estimates the annual public Secretary of the Commission, 888 First reports, so many less significant actions reporting burden for the information Street NE, Washington, DC 20426. can be reported in a single filing/ collection as: FERCÐ537 [Gas pipeline certificates: Construction, acquisition, and abandonment]

Annual Average burden Total annual Number of number of Total and burden hours Cost per responses number of and respondent respondents per responses cost per 2 total annual cost respondent response

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

18 CFR 157.5Ð.11 (Interstate Cer- 52 1.19 62 500 hrs.; 31,000; $47,096 tificate and Abandonment Appli- $39,500. $2,449,000. cations). 18 CFR 157.53 (Pipeline Purging/ 1 1 1 50 hrs.; $3,950 .. 50 hrs.; $3,950 .. 3,950 Testing Exemptions). 18 CFR 157.201Ð.209; 157.211; 21 1.86 39 200 hrs; $15,800 7,800 hrs.; 29,343 157.214Ð.218 (Blanket Certifi- $616,200. cates Prior to Notice Filings). 18 CFR 157.201Ð.209; 157.211; 129 4 1.05 135 50 hrs.; $3,950 .. 6,750 hrs.; 4,134 157.214Ð.218 (Blanket Certifi- $533,250. cates—Annual Reports).

1 ‘‘Burden’’ is defined as the total time, effort, or information to or for a Federal agency. For further collection burden, reference 5 Code of Federal financial resources expended by persons to explanation of what is included in the information Regulations 1320.3. generate, maintain, retain, or disclose or provide

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FERC–537—Continued [Gas pipeline certificates: Construction, acquisition, and abandonment]

Annual Average burden Total annual Number of number of Total and burden hours Cost per responses number of and respondent respondents per responses cost per 2 total annual cost respondent response

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

18 CFR 284.11 (NGPA Section 83 5 1.01 84 50 hrs.; $3,950 .. 4,200 hrs.; 3,998 311 Construction—Annual Re- $331,800. ports). 18 CFR 284.8 ...... 178 0 0 N/A ...... N/A ...... N/A 18 CFR 284.13(e) and 284.126(a) 2 1 2 30 hrs.; $2,370 .. 60 hrs.; $4,740 .. 2,370 (Interstate and Intrastate Bypass Notice). 18 CFR 284.221 (Blanket Certifi- 5 7 1.4 7 100 hrs.; $7,900 700 hrs.; 11,060 cates) 6. $55,300. 18 CFR 224 (Hinshaw Blanket 2 1 2 75 hrs.; $5,925 .. 150 hrs.; 5,925 Certificates). $11,850. 18 CFR 157.5Ð.11; 157.13Ð.20 3 1 3 75 hrs.; $5,925 .. 225 hrs.; 5,925 (Non-facility Certificate or Aban- $17,775. donment Applications).

Total ...... 8 335 ...... 50,935 hrs.; ...... $4,023,865.

Comments: Comments are invited on: Dated: May 14, 2018. g. Filed Pursuant to: Federal Power (1) Kwhether the collection of Kimberly D. Bose, Act, 16 U.S.C. 791a–825r. information is necessary for the proper Secretary. h. Applicant Contact: Barry Stemm, performance of the functions of the [FR Doc. 2018–10753 Filed 5–18–18; 8:45 am] Engineering Manager, Sappi North America, P.O. Box 5000, Westbrook, ME Commission, including whether the BILLING CODE 6717–01–P information will have practical utility; 04098, (207) 856–4584, and Briana K. (2) the accuracy of the agency’s estimate O’Regan, Esq., Assistant General of the burden and cost of the collection DEPARTMENT OF ENERGY Counsel, Sappi North America, 179 John Roberts Road, South Portland, ME of information, including the validity of Federal Energy Regulatory 04106, (207) 854–7070. the methodology and assumptions used; Commission i. FERC Contact: Dr. Jennifer Ambler, (3) ways to enhance the quality, utility (202) 502–8586, or jennifer.ambler@ and clarity of the information collection; [Project Nos. 2897–048, 2932–047, 2941– ferc.gov. and (4) ways to minimize the burden of 043, 2931–042, 2942–051] j. Deadline for filing motions to the collection of information on those Notice of Applications Accepted for intervene and protests, comments, terms who are to respond, including the use Filing, Soliciting Motions To Intervene and conditions, recommendations, and of automated collection techniques or and Protests, Ready for Environmental prescriptions: 30 Days from the issuance other forms of information technology. Analysis, and Soliciting Comments, date of this notice. The Commission strongly encourages Terms and Conditions, 2 electronic filing. Please file motions to The estimates for cost per response are derived Recommendations, and Prescriptions; using the following formula: Average Burden Hours intervene and protests, comments, terms S.D. Warren Company per Response * $79.00/hour = Average cost/ and conditions, recommendations, and response. The figure is the 2018 FERC average Take notice that the following prescriptions using the Commission’s hourly cost (for wages and benefits) of $79.00 (and hydroelectric applications have been eFiling system at http://www.ferc.gov/ an average annual salary of $164,820/year). docs-filing/efiling.asp. Commenters can Commission staff is using the FERC average salary filed with the Commission and are because we consider any reporting requirements available for public inspection: submit brief comments up to 6,000 completed in response to the FERC–537 to be a. Type of Applications: Surrender of characters, without prior registration, compensated at rates similar to the work of FERC License; Amendment of Licenses. using the eComment system at http:// employees. b. Project Nos.: 2897–048 (Surrender); www.ferc.gov/docs-filing/ 3 Each of the figures in this column are rounded 2932–047, 2941–043, 2931–042, 2942– ecomment.asp. You must include your to the nearest dollar. 051 (Amendments). name and contact information at the end 4 This figure was derived from 135 responses ÷ c. Date Filed: March 23, 2018. of your comments. For assistance, ∼ 129 respondents = 1.046 or 1.05 responses/ d. Applicant: S.D. Warren Company. please contact FERC Online Support at respondent. e. Name of Projects: Saccarappa [email protected], (866) 5 ÷ This figure was derived from 84 responses 83 Hydroelectric Project (Surrender); 208–3676 (toll free), or (202) 502–8659 respondents = 1.012 or ∼1.01 responses/respondent. 6 One-time filings, new tariff and rate design Mallison Falls, Little Falls, Gambo, and (TTY). In lieu of electronic filing, please proposal, or request for exemptions. Dundee Hydroelectric Projects send a paper copy to: Secretary, Federal 7 This figure was derived from 7 responses ÷ 5 (Amendments). Energy Regulatory Commission, 888 respondents = 1.4 responses/respondent. f. Location: On the Presumpscot River First Street NE, Washington, DC 20426. 8 The 335 responses are derived from 214 in Westbrook, Cumberland County, The first page of any filing should individual respondents. Maine. include docket numbers P–2897–048,

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P–2932–047, P–2941–043, P–2931–042, Gorham Project (P–2519), and a also register online at http:// and/or P–2942–051, as appropriate. powerhouse integral with the dam, www.ferc.gov/docs-filing/ The Commission’s Rules of Practice containing three turbine-generator units esubscription.asp to be notified via require all intervenors filing documents with a total rated generating capacity of email of new filings and issuances with the Commission to serve a copy of 2,400 kW. The Dundee Project also related to this or other pending projects. that document on each person on the includes a 1,075-foot-long tailrace For assistance, call 1–866–208–3676 or official service list for the project. channel, which creates a bypass reach. email [email protected], for Further, if an intervenor files comments l. Description of Requests: TTY, call (202) 502–8659. A copy is also or documents with the Commission For the Saccarappa Project (P–2897– available for inspection and relating to the merits of an issue that 048): reproduction in the Commission’s may affect the responsibilities of a The licensee filed an application to Public Reference Room located at 888 particular resource agency, they must surrender its license for the Saccarappa First Street NE, Room 2A, Washington, also serve a copy of the document on Project. The licensee proposes to: (1) DC 20426, or by calling (202) 502–8371. that resource agency. Remove the existing powerhouse and n. Individuals desiring to be included k. Description of Project Facilities: other ancillary structures; (2) remove on the Commission’s mailing list should The Saccarappa Project (P–2897–048) the eastern and western spillways; (3) so indicate by writing to the Secretary consists of two 10- to 12-foot-high partially fill the existing tailrace; (4) of the Commission. concrete diversion dams, referred to as construct a double Denil fishway within o. Comments, Protests, or Motions to eastern and western spillways, the filled tailrace area to provide fish Intervene: Anyone may submit separated by an island, a headgate passage over the lower falls; (5) alter comments, a protest, or a motion to structure, a concrete-lined forebay, and and repair the tailrace guard wall to intervene in accordance with the a powerhouse containing three turbine- support the operation of the Denil; (6) requirements of Rules of Practice and generator units with a total rated construct a fish counting facility at the Procedure, 18 CFR 385.210, .211, and generating capacity of 1,350 kilowatts exit of the Denil; and (7) modify the .214. In determining the appropriate (kW). The project also includes a 345- bedrock in the eastern and western action to take, the Commission will foot-long tailrace channel and two channels to facilitate nature-like fish consider all protests or other comments bypass reaches measuring 475 and 390 passage over both the eastern and filed, but only those who file a motion feet long extending from the respective western sections of the upper falls. to intervene in accordance with the spillway to the downstream end of the For the Mallison Falls (P–2932–047), Commission’s Rules may become a tailrace channel. Little Falls (P–2941–043), Gambo (P– party to the proceeding. Any comments, The Mallison Falls Project (P–2932– 2931–042), and Dundee (P–2942–051) protests, or motions to intervene must 047) includes a 358-foot-long, 14-foot- Projects: be received on or before the specified high concrete, masonry and cut granite Concurrent with the request to comment date for the particular diversion dam, a headgate structure, an surrender the license for the Saccarappa application. intake power canal, and a powerhouse Project as described above, the licensee p. Filing and Service of Responsive containing two turbine-generator units proposes to amend its upstream project Documents: Any filing must (1) bear in with a total rated generating capacity of licenses for the Mallison Falls, Little all capital letters the title COMMENTS, 800 kW. The Mallison Falls Dam creates Falls, Gambo, and Dundee Projects to: PROTEST, MOTION TO INTERVENE, an 8-acre impoundment. The project has (1) Amend the Mallison Falls Project RECOMMENDATIONS, TERMS AND a 675-foot-long bypass reach between license (the next upstream project from CONDITIONS, or PRESCRIPTIONS, as the dam and the powerhouse tailwaters. Saccarappa) to include the new Denil applicable; (2) set forth in the heading The Little Falls Project (P–2941–043) fish passage facilities built at the the name of the applicant and the includes a 310-foot-long, 14-foot-high L- Saccarappa Dam site; (2) extend by ten project number of the application to shaped concrete and masonry dam that years, until 2053, the license expiration which the filing responds; (3) furnish creates a 29-acre impoundment dates for its four upstream projects the name, address, and telephone extending 1.7 miles to the tailwaters of (Mallison Falls, Little Falls, Gambo, and number of the person protesting or the Gambo Project, and a powerhouse Dundee Projects); and (3) remove all fish intervening; and (4) otherwise comply integral with the dam, containing four passage requirements from the Gambo with the requirements of 18 CFR turbine-generator units with a total rated and Dundee licenses. 385.2001 through 385.2005. All generating capacity of 1,000 kW. The The proposed actions reflect comments, recommendations, terms and project has a 300-foot-long bypass reach conditions agreed to by parties to a conditions, or prescriptions must set between the upper section of the dam Settlement Agreement executed on forth their evidentiary basis and and the powerhouse tailwaters. November 15, 2016, as amended on otherwise comply with the requirements The Gambo Project (P–2931–042) March 7, 2018, between the licensee and of 18 CFR 4.34(b). All comments, includes a 300-foot-long, 24-foot-high the U.S. Department of the Interior and motions to intervene, or protests should concrete dam, a headgate structure, an the U.S. Fish and Wildlife Service; relate to the licensee’s requests that are intake and power canal, and a Maine Department of Marine Resources; the subject of this notice. Agencies may powerhouse containing four turbine- Conservation Law Foundation; Friends obtain copies of the application directly generator units with a total rated of the Presumpscot River; and City of from the applicant. A copy of any generating capacity of 1,900 kW. The Westbrook, Maine. protest or motion to intervene must be Gambo Dam creates a 151-acre These applications have been served upon each representative of the impoundment. The project has a 300- accepted for filing and are now ready for applicant specified in the particular foot-long bypass reach between the dam environmental analysis. application. If an intervener files and the powerhouse tailwaters. m. This filing may be viewed on the comments or documents with the The Dundee Project (P–2942–051) Commission’s website at http:// Commission relating to the merits of an includes a 1,492-foot-long, 50-foot-high www.ferc.gov/docs-filing/elibrary.asp. issue that may affect the responsibilities concrete dam that creates a 197-acre Enter the docket number excluding the of a particular resource agency, they impoundment, extending 1.7 miles last three digits in the docket number must also serve a copy of the document upstream to the tailwaters of the North field to access the document. You may on that resource agency. A copy of all

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other filings in reference to this asset management program during the 9. What benefits and/or concerns, if application must be accompanied by technical conference. Please provide a any, would arise from introducing proof of service on all persons listed in definition for those terms when they are greater transparency and more the service list prepared by the used to address or administer opportunities for stakeholder input into Commission in this proceeding, in transmission capability. each CAISO PTO’s asset management accordance with 18 CFR 4.34(b) and 2. Describe the criteria, standards, or process in the early stages of the 385.2010. industry best practices that the PTOs assessment, ranking, and selection of q. Agency Comments: Federal, state, use in their asset management programs particular ‘‘asset management’’ projects? and local agencies are invited to file or activities. To the extent that you support comments on the described proceeding. 3. Technical conference participants additional opportunities for stakeholder If any agency does not file comments used the terms ‘‘incremental’’ and input, please describe the ideal format within the time specified for filing ‘‘incidental’’ at the technical conference. and/or frequency of such opportunities. comments, it will be presumed to have Provide a definition for those terms Commenters need not respond to all no comments. when they are used to describe any topics or questions asked. Commenters increases to transmission capability that may reference materials previously filed Dated: May 11, 2018. result from the use of new technology in the above-captioned dockets, Kimberly D. Bose, when replacing one-for-one assets. including the technical conference Secretary. 4. Explain how any incremental or transcript, but are encouraged to avoid [FR Doc. 2018–10755 Filed 5–18–18; 8:45 am] incidental increases to transmission repetition or replication of previous BILLING CODE 6717–01–P capacity are accounted for by each PTO material. Initial comments must be in relation to ‘‘asset management’’ submitted on or before May 31, 2018, activities, and how these increases in and reply comments must be submitted DEPARTMENT OF ENERGY transmission capacity are on or before June 15, 2018. Initial communicated to CAISO. comments should not exceed 15 pages Federal Energy Regulatory 5. Technical conference participants and reply comments should not exceed Commission used the terms ‘‘expansion’’ and 10 pages. [Docket No. AD18–12–000; Docket No. ‘‘enhancement’’ at the technical For further information, please EL17–45–000; Docket No. ER18–370–000] conference. Provide the definitions of contact individuals identified for each those terms when they are used to topic: Notice Inviting Post-Technical describe certain changes to the Technical Information, Laura Switzer, Conference Comments; Transmission configuration of the CAISO transmission Office of Energy Markets Regulation, Planning Within the California system resulting from ‘‘asset Federal Energy Regulatory Independent System Operator management’’ activities that are subject Commission, 888 First Street NE, Corporation; California Public Utilities to the CAISO TPP. Washington, DC 20426, (202) 502– Commission, Northern California 6. Do CAISO’s tariff or BPMs provide 6231, [email protected]. Power Agency, City and County of San guidance and clarity to CAISO PTOs Legal Information for Docket Nos. Francisco, State Water Contractors, regarding what transmission-related AD18–12–000 and EL17–45–000, Transmission Agency of Northern maintenance and compliance activities/ Linda Kizuka, Office of the General California v. Pacific Gas and Electric facilities must be considered and Counsel, Federal Energy Regulatory Company; Southern California Edison reviewed through CAISO’s TPP? If so, Commission, 888 First Street NE, Company please list the relevant sections. Washington, DC 20426, (202) 502– 7. How does each CAISO PTO decide 8773, [email protected]. On May 1, 2018, Federal Energy whether to pursue reliability related Legal Information for Docket Nos. Regulatory Commission (Commission) transmission-related maintenance and AD18–12–000 and ER18–370–000, staff convened a technical conference to compliance activities/facilities that are Susanna Ehrlich, Office of the General discuss the processes used by not required by the North American Counsel, Federal Energy Regulatory participating transmission owners Electric Reliability Corporation (NERC), Commission, 888 First Street NE, (PTOs) in the California Independent Western Electricity Coordinating Washington, DC 20426, (202) 502– System Operator Corporation (CAISO) Council (WECC), or other regulatory 6260, [email protected]. to determine which transmission-related entities? What criteria or parameters are Dated: May 15, 2018. maintenance and compliance activities/ used by each CAISO PTO to make this facilities, including, but not limited to, decision? Where are such criteria or Nathaniel J. Davis, Sr., transmission-related capital additions, parameters documented or otherwise Deputy Secretary. are subject to the CAISO Transmission made available? [FR Doc. 2018–10724 Filed 5–18–18; 8:45 am] Planning Process (TPP). 8. Is there a difference between (a) the BILLING CODE 6717–01–P All interested persons are invited to process through which each CAISO PTO file post-technical conference comments pursues solutions to transmission- on the topics relating to the processes related maintenance and compliance DEPARTMENT OF ENERGY used by PTOs to determine which activities/facilities that arise from NERC Federal Energy Regulatory activities/facilities are subject to the and WECC reliability standards or Commission CAISO TPP as discussed during the reliability standards established by technical conference, including the other regulatory entities, and (b) the Combined Notice of Filings questions listed in the Supplemental process through which each CAISO PTO Notice issued in this proceeding on pursues solutions to other transmission- Take notice that the Commission has April 10, 2018. Commission staff is related maintenance and compliance received the following Natural Gas particularly interested in comments on activities/facilities? If so, please explain Pipeline Rate and Refund Report filings: the following topics: (1) the difference between the two Filings Instituting Proceedings 1. Technical conference participants processes and (2) elaborate on the used the terms asset management and reasons for the differences. Docket Numbers: RP10–1398–006.

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Applicants: El Paso Natural Gas DEPARTMENT OF ENERGY k. Description of Request: Brookfield Company, L.L.C. White Pine Hydro, LLC, licensee for the Federal Energy Regulatory Description: Compliance filing Weston (P–2325) and Shawmut (P– Commission Opinion No. 528–B Compliance Filing 2322) Projects, and Merimil Limited Partnership, licensee for the Lockwood to be effective 4/1/2011. [Project No. 2325–077; Project No. 2322– 054; Project No. 2574–069] Project (2574), together request Filed Date: 5/14/18. amendment of the Interim Species Accession Number: 20180514–6176. Notice of Application for Amendment Protection Plan (Interim SPP) that the of License To Extend Operational Commission approved for the three Comments Due: 5 p.m. ET 5/29/18. Dates for Volitional Upstream Fish projects in an order issued May 19, Docket Numbers: RP18–813–000. Passage and Soliciting Comments, 2016. The Interim SPP identifies Applicants: MC Global Gas Motions To Intervene, and Protests; measures that will be implemented at Corporation, Mitsubishi Corporation. Brookfield White Pine Hydro, LLC, the three projects in the years 2013 Merimil Limited Partnership through 2019 to protect federally-listed Description: Joint Petition of endangered Atlantic salmon. Under the Mitsubishi Corporation, et al. for Take notice that the following Interim SPP and subsequent extensions Temporary Waiver of Capacity Release hydroelectric application has been filed of time, volitional upstream fish passage Requirements and Related Interstate with the Commission and is available facilities are being designed and Pipeline Tariff Provisions. for public inspection: constructed at the projects, and are to be a. Application Type: Amendment of operational in May 2019 at the Filed Date: 5/14/18. license. Shawmut Project, and in May 2020 at Accession Number: 20180514–6198. b. Project Nos: P–2325–077, P–2322– 054, P–2574–069. the Weston and Lockwood Projects. In Comments Due: 5 p.m. ET 5/29/18. c. Date Filed: March 20, 2018. their request, the licensees request that two years be added to the operational Docket Numbers: RP18–814–000. d. Applicants: Brookfield White Pine Hydro, LLC, and Merimil Limited dates for those facilities at each project, Applicants: Texas Gas Transmission, Partnership. so that those facilities would be LLC. e. Name of Projects: Weston, operational in May 2021 at the Description: § 4(d) Rate Filing: Shawmut, and Lockwood Hydroelectric Shawmut Project, and in May 2022 at Reservation of Capacity to be effective Projects. the Weston and Lockwood Projects. The 6/15/2018. f. Locations: The three projects are licensees request the extension so that located on the Kennebec River in they can complete, collaboratively with Filed Date: 5/15/18. Somerset and Kennebec Counties, state and federal resource agencies and Accession Number: 20180515–5152. Maine. other entities, a feasibility assessment of Comments Due: 5 p.m. ET 5/29/18. g. Filed Pursuant to: Federal Power options for multi-dam fish passage Act, 16 U.S.C. 791a–825r. which would include but not be limited The filings are accessible in the h. Applicant Contact: Kelly Maloney, to options in the Interim SPP. Commission’s eLibrary system by Licensing and Compliance Manager, l. Locations of the Application: A clicking on the links or querying the Brookfield White Pine Hydro, LLC, 150 copy of the application is available for docket number. Main Street, Lewiston, ME 04240; (207) review at the Commission in the Public Any person desiring to intervene or 775–5605. Reference Room, or may be viewed on protest in any of the above proceedings i. FERC Contact: B. Peter Yarrington the Commission’s website at http:// (202) 502–6129; peter.yarrington@ www.ferc.gov using the eLibrary link. must file in accordance with Rules 211 ferc.gov. Enter the docket number excluding the and 214 of the Commission’s j. Deadline for filing comments, last three digits in the docket number Regulations (18 CFR 385.211 and motions to intervene, and protests: 30 field to access the document. For 385.214) on or before 5:00 p.m. Eastern Days from the issuance of this notice. assistance, please contact FERC Online time on the specified comment date. All documents may be filed Support at FERCOnlineSupport@ Protests may be considered, but electronically via the internet. See, 18 ferc.gov, (866) 208–3676 (toll free), or intervention is necessary to become a CFR 385.2001(a)(1)(iii) and the (202) 502–8659 (TTY). A copy is also party to the proceeding. instructions on the Commission’s available for inspection and eFiling is encouraged. More detailed website at http://www.ferc.gov/docs- reproduction at the address in item (h) information relating to filing filing/efiling.asp. If unable to be filed above. requirements, interventions, protests, electronically, documents may be paper- m. Individuals desiring to be included filed. To paper-file, an original and service, and qualifying facilities filings on the Commission’s mailing list should seven copies should be mailed to: so indicate by writing to the Secretary can be found at: http://www.ferc.gov/ Secretary, Federal Energy Regulatory of the Commission. docs-filing/efiling/filing-req.pdf. For Commission, 888 First Street NE, n. Comments, Protests, or Motions to other information, call (866) 208–3676 Washington, DC 20426. Commenters Intervene: Anyone may submit (toll free). For TTY, call (202) 502–8659. can submit brief comments up to 6,000 comments, a protest, or a motion to Dated: May 15, 2018. characters, without prior registration, intervene in accordance with the Nathaniel J. Davis, Sr., using the eComment system at http:// requirements of Rules of Practice and Deputy Secretary. www.ferc.gov/docs-filing/ Procedure, 18 CFR 385.210, .211, .214. ecomment.asp. You must include your In determining the appropriate action to [FR Doc. 2018–10726 Filed 5–18–18; 8:45 am] name and contact information at the end take, the Commission will consider all BILLING CODE 6717–01–P of your comments. protests or other comments filed, but Please include the docket numbers only those who file a motion to (P–2325–077, P–2322–054, and P–2574– intervene in accordance with the 069, as needed) on any comments, Commission’s Rules may become a motions, or recommendations filed. party to the proceeding. Any comments,

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protests, or motions to intervene must Dated: May 14, 2018. respond to any facts or contentions be received on or before the specified Kimberly D. Bose, made in a prohibited off-the-record comment date for the particular Secretary. communication, and may request that application. [FR Doc. 2018–10754 Filed 5–18–18; 8:45 am] the Commission place the prohibited o. Filing and Service of Responsive BILLING CODE 6717–01–P communication and responses thereto in the decisional record. The Documents: Any filing must (1) bear in Commission will grant such a request all capital letters the title COMMENTS; DEPARTMENT OF ENERGY only when it determines that fairness so PROTESTS, or MOTION TO requires. Any person identified below as INTERVENE as applicable; (2) set forth Federal Energy Regulatory having made a prohibited off-the-record in the heading the name of the applicant Commission communication shall serve the and the project number of the [Docket No. RM98–1–000] document on all parties listed on the application to which the filing official service list for the applicable responds; (3) furnish the name, address, Records Governing Off-the-Record proceeding in accordance with Rule and telephone number of the person Communications; Public Notice 2010, 18 CFR 385.2010. protesting or intervening; and (4) Exempt off-the-record otherwise comply with the requirements This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt communications are included in the of 18 CFR 385.2001 through 385.2005. decisional record of the proceeding, All comments, motions to intervene, or of prohibited and exempt off-the-record communications. unless the communication was with a protests must set forth their evidentiary Order No. 607 (64 FR 51222, cooperating agency as described by 40 basis and otherwise comply with the September 22, 1999) requires CFR 1501.6, made under 18 CFR requirements of 18 CFR 4.34(b). Commission decisional employees, who 385.2201(e)(1)(v). Agencies may obtain copies of the make or receive a prohibited or exempt The following is a list of off-the- application directly from the applicant. off-the-record communication relevant record communications recently A copy of any protest or motion to to the merits of a contested proceeding, received by the Secretary of the intervene must be served upon each to deliver to the Secretary of the Commission. The communications representative of the applicant specified Commission, a copy of the listed are grouped by docket numbers in in the particular application. If an communication, if written, or a ascending order. These filings are intervener files comments or documents summary of the substance of any oral available for electronic review at the with the Commission relating to the communication. Commission in the Public Reference merits of an issue that may affect the Prohibited communications are Room or may be viewed on the responsibilities of a particular resource included in a public, non-decisional file Commission’s website at http:// agency, they must also serve a copy of associated with, but not a part of, the www.ferc.gov using the eLibrary link. the document on that resource agency. decisional record of the proceeding. Enter the docket number, excluding the A copy of all other filings in reference Unless the Commission determines that last three digits, in the docket number to this application must be accompanied the prohibited communication and any field to access the document. For responses thereto should become a part by proof of service on all persons listed assistance, please contact FERC Online of the decisional record, the prohibited in the service list prepared by the Support at FERCOnlineSupport@ off-the-record communication will not Commission in this proceeding, in ferc.gov or toll free at (866) 208–3676, or be considered by the Commission in for TTY, contact (202) 502–8659. accordance with 18 CFR 4.34(b) and reaching its decision. Parties to a 385.2010. proceeding may seek the opportunity to Prohibited:

Docket No. File date Presenter or requester

1. CP15Ð554Ð000 ...... 5Ð1Ð2018 Lewis Airstrip, LLC. 2. CP15Ð554Ð000 ...... 5Ð7Ð2018 Joseph Romano. 3. CP15Ð554Ð000 ...... 5Ð9Ð2018 Lewis Airstrip, LLC.

Exempt:

Docket No. File date Presenter or requester

1. CP17Ð117Ð000, CP17Ð118Ð000 ...... 4Ð30Ð2018 U.S. Congress.1 2. CP17Ð117Ð000, CP17Ð118Ð000 ...... 4Ð30Ð2018 FERC Staff.2 3. CP17Ð458Ð000 ...... 4Ð31Ð2018 FERC Staff.3 4. CP17Ð458Ð000 ...... 4Ð31Ð2018 FERC Staff.4 5. PÐ10808Ð000 ...... 5Ð2Ð2018 Midland County Board of Commissioners.5 6. PÐ2082Ð062, PÐ14803Ð000 ...... 5Ð7Ð2018 Jackson County Board of Commissioners.6 7. CP15Ð93Ð000 ...... 5Ð7Ð2018 U.S. Senator Sherrod Brown. 8. CP15Ð550Ð000, CP15Ð551Ð000 ...... 5Ð10Ð2018 U.S. Congress.7 1 Senators Bill Cassidy and John Kennedy. House Representatives Steve Scalise, Garret Graves, Ralph Abraham, Clay Higgins, and Mike Johnson. 2 3 Record of 4Ð24Ð18 conference call with Environmental Resources Management, Inc. and Midship Pipeline, LLC. 4 Record of 4Ð30Ð18 conference call with Environmental Resources Management, Inc. and Midship Pipeline, LLC. 5 Commissioner Jeanette M. Snyder. 6 Chairman Rick Dyer, and Commissioners Bob Strosser and Colleen Roberts. 7 Senators Bill Cassidy and John Kennedy. House Representatives Steve Scalise, Garret Graves, Ralph Abraham, Clay Higgins, and Mike Johnson.

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Dated: May 15, 2018. Dated: May 15, 2018. eSubscription link on the website that Nathaniel J. Davis, Sr., Nathaniel J. Davis, Sr., enables subscribers to receive email Deputy Secretary. Deputy Secretary. notification when a document is added [FR Doc. 2018–10729 Filed 5–18–18; 8:45 am] [FR Doc. 2018–10727 Filed 5–18–18; 8:45 am] to a subscribed docket(s). For assistance BILLING CODE 6717–01–P with any FERC Online service, please BILLING CODE 6717–01–P email [email protected], or call (866) 208–3676 (toll free). For TTY, DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY call (202) 502–8659. Comment Date: 5:00 p.m. Eastern time Federal Energy Regulatory Federal Energy Regulatory on June 11, 2018. Commission Commission Dated: May 14, 2018. [Docket No. EL18–146–000] Kimberly D. Bose, Secretary. [Docket No. EF18–4–000] Notice of Petition for Declaratory [FR Doc. 2018–10752 Filed 5–18–18; 8:45 am] Order; KCP&L Greater Missouri Western Area Power Administration; BILLING CODE 6717–01–P Operations Company Notice of Filing Take notice that on May 11, 2018, Take notice that on May 4, 2018, pursuant to Rule 207 of the Federal ENVIRONMENTAL PROTECTION Western Area Power Administration Energy Regulatory Commission’s AGENCY submitted tariff filing per: CRSP_OLM_ (Commission) Rules of Practice and [FRL–9976–69—Region 6] WAPA177–20180504 to be effective Procedure, 18 CFR 385.207 (2017), 6/1/2018. KCP&L Greater Missouri Operations Clean Air Act Operating Permit Any person desiring to intervene or to Company (Petitioner), filed a petition Program; Petitions for Objection to for a declaratory order requesting that protest this filing must file in State Operating Permit for Yuhuang the Commission find that payment of accordance with Rules 211 and 214 of Chemical Company, Inc. Methanol dividends from FERC Account 211— Plant, St James Parish Louisiana the Commission’s Rules of Practice and Miscellaneous Paid in Capital, until Procedure (18 CFR 385.211, 385.214). such time as Petitioner has retained AGENCY: Environmental Protection Protests will be considered by the earnings to pay the full dividend Agency (EPA). Commission in determining the amount to its sole shareholder, Great ACTION: Notice of final Order on appropriate action to be taken, but will Plains Energy (or its successor), Petitions for objection to Clean Air Act not serve to make protestants parties to complies with section 305(a) of the title V operating permit. the proceeding. Any person wishing to Federal Power Act,1 as more fully SUMMARY: become a party must file a notice of explained in the petition. The Environmental Protection intervention or motion to intervene, as Any person desiring to intervene or to Agency (EPA) Administrator signed an appropriate. Such notices, motions, or protest this filing must file in Order dated April 2, 2018 denying protests must be filed on or before the accordance with Rules 211 and 214 of Petitions dated March 30, 2017 and comment date. On or before the the Commission’s Rules of Practice and August 3, 2017 from the Louisiana comment date, it is not necessary to Procedure (18 CFR 385.211, 385.214). Environmental Action Network and the Sierra Club (collectively, the Petitions serve motions to intervene or protests Protests will be considered by the and Petitioners, respectively). The on persons other than the Applicant. Commission in determining the appropriate action to be taken, but will Petitions requested that the EPA object The Commission encourages not serve to make protestants parties to to the Clean Air Act (CAA) title V electronic submission of protests and the proceeding. Any person wishing to operating permit 1560–00295–V1 issued interventions in lieu of paper using the become a party must file a notice of on June 30, 2017 by the Louisiana eFiling link at http://www.ferc.gov. intervention or motion to intervene, as Department of Environmental Quality Persons unable to file electronically appropriate. Such notices, motions, or (the LDEQ) to Yuhuang Chemical should submit an original and 5 copies protests must be filed on or before the Company, Inc. (YCI) for its Methanol of the protest or intervention to the comment date. Anyone filing a motion Plant located in St. James, St. James Federal Energy Regulatory Commission, to intervene or protest must serve a copy Parish, Louisiana. 888 First Street NE, Washington, DC of that document on the Petitioner. ADDRESSES: The EPA requests that you 20426. The Commission encourages contact the individual listed in the FOR This filing is accessible on-line at electronic submission of protests and FURTHER INFORMATION CONTACT section to http://www.ferc.gov, using the eLibrary interventions in lieu of paper using the view copies of the final Order, the link and is available for review in the eFiling link at http://www.ferc.gov. Petition, and other supporting Commission’s Public Reference Room in Persons unable to file electronically information. You may review copies of Washington, DC. There is an should submit an original and 5 copies the final Order, the Petition, and other eSubscription link on the website that of the protest or intervention to the supporting information at the EPA Region 6 Office, 1445 Ross Avenue, enables subscribers to receive email Federal Energy Regulatory Commission, Suite 700, Dallas, TX 75202. You may notification when a document is added 888 First Street NE, Washington, DC view the hard copies Monday through to a subscribed docket(s). For assistance 20426. This filing is accessible on-line at Friday, from 9 a.m. to 3 p.m., excluding with any FERC Online service, please http://www.ferc.gov, using the eLibrary federal holidays. If you wish to examine email [email protected], or link and is available for review in the these documents, you should make an call (866) 208–3676 (toll free). For TTY, Commission’s Public Reference Room in appointment at least 24 hours before the call (202) 502–8659. Washington, DC. There is an visiting day. Additionally, the final Comment Date: 5:00 p.m. Eastern Order and Petition are available Time on June 4, 2018. 1 16 U.S.C. 825d. electronically at: https://www.epa.gov/

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title-v-operating-permits/title-v-petition- be filed in the United States Court of 1809T), Environmental Protection database. Appeals for the appropriate circuit no Agency, 1200 Pennsylvania Ave. NW, FOR FURTHER INFORMATION CONTACT: Brad later than June 11, 2018. Washington, DC 20460; telephone Toups, EPA Region 6, by phone (214) Dated: May 14, 2018. number: 202–566–2347; fax number: 665–7258, or email at toups.brad@ Anne Idsal, 202–566–2338 email address: [email protected]. epa.gov. Regional Administrator, Region 6. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: The CAA [FR Doc. 2018–10774 Filed 5–18–18; 8:45 am] Supporting documents which explain in affords the EPA a 45-day period to BILLING CODE 6560–50–P review and object to, as appropriate, detail the information that the EPA will operating permits proposed by state be collecting are available in the public permitting authorities under title V of ENVIRONMENTAL PROTECTION docket for this ICR. The docket can be the CAA. Section 505(b)(2) of the CAA AGENCY viewed online at www.regulations.gov authorizes any person to petition the or in person at the EPA Docket Center, [EPA HQ–OA–2008–0701; FRL–9977–91– WJC West, Room 3334, 1301 EPA Administrator to object to a title V OA] operating permit within 60 days after Constitution Ave. NW, Washington, DC. the expiration of the EPA’s 45-day Proposed Information Collection The telephone number for the Docket review period if the EPA has not Request; Comment Request; Focus Center is 202–566–1744. For additional objected on its own initiative. Petitions Groups as Used by EPA for Economics information about EPA’s public docket, must be based only on objections to the Projects (Renewal) visit http://www.epa.gov/dockets. permit that were raised with reasonable Pursuant to section 3506(c)(2)(A) of specificity during the public comment AGENCY: Environmental Protection the PRA, EPA is soliciting comments period provided by the state, unless the Agency (EPA). and information to enable it to: (i) petitioner demonstrates that it was ACTION: Notice. Evaluate whether the proposed impracticable to raise these issues collection of information is necessary SUMMARY: The Environmental Protection during the comment period or unless for the proper performance of the Agency is planning to submit an the grounds for the issues arose after functions of the Agency, including information collection request (ICR), this period. whether the information will have The EPA received the Petitions from ‘‘Focus Groups as used by EPA for practical utility; (ii) evaluate the the Petitioners dated March 30, 2017 Economics Projects (Renewal)’’ (EPA accuracy of the Agency’s estimate of the and August 3, 2017, requesting that the ICR No. 2205.17, OMB Control No. burden of the proposed collection of EPA object to the issuance of operating 2090–0028) to the Office of Management information, including the validity of permit no. 1560–00295–V1, issued by and Budget (OMB) for review and the methodology and assumptions used; the LDEQ to YCI in St. James Parish, approval in accordance with the (iii) enhance the quality, utility, and Louisiana. The Petitioners requested Paperwork Reduction Act. Before doing clarity of the information to be that the Administrator object to the so, EPA is soliciting public comments collected; and (iv) minimize the burden proposed operating permit on several on specific aspects of the proposed of the collection of information on those bases which are described in detail in information collection as described who are to respond, including through Section IV of the Order. In summary, the below. This is a proposed renewal of the the use of appropriate automated issues raised include: Emissions limits ICR, which is currently approved electronic, mechanical, or other for preconstruction purposes were not through September 30, 2018. An Agency technological collection techniques or properly made (various claims, may not conduct or sponsor and a other forms of information technology, introduction to Order Section IV); and person is not required to respond to a e.g., permitting electronic submission of numerous claims concerning monitoring collection of information unless it responses. EPA will consider the of emissions, such as the Steam displays a currently valid OMB control comments received and amend the ICR Methane Reformer (SMR) carbon number. as appropriate. The final ICR package monoxide (CO) and Auxiliary Boiler CO DATES: Comments must be submitted on will then be submitted to OMB for emissions (Section IV.A.); claims or before July 20, 2018. review and approval. At that time, EPA concerning SMR volatile organic ADDRESSES: Submit your comments, will issue another Federal Register compound (VOC) emissions (Section referencing Docket ID No. EPA–HQ– notice to announce the submission of IV.B.); claims concerning Auxiliary OA–2008–0701, online using the ICR to OMB and the opportunity to Boiler VOC emissions (Section IV.C.); www.regulations.gov (our preferred submit additional comments to OMB. claims concerning fugitive CO method), by email to oei.docket@ Abstract: The Environmental emissions (Section IV.D.), claims epa.gov, or by mail to: EPA Docket Protection Agency (EPA) is seeking concerning truck, railcar, and marine Center, Environmental Protection renewal of a generic information loading VOC emissions (Section IV.E.); Agency, Mail Code 28221T, 1200 collection request (ICR) for the conduct claims concerning storage tank VOC and Pennsylvania Ave. NW, Washington, DC of focus groups and protocol interviews hazardous air pollutant (HAP) emissions 20460. (hereafter jointly referred to as focus (Section IV.F.); and claims concerning EPA’s policy is that all comments groups) related to economics projects. flare VOC, particulate matter (PM), and received will be included in the public Over the next three years, the Agency CO emissions (Section IV.G.). The Order docket without change including any anticipates working on a number of issued on April 2, 2018 responds to all personal information provided, unless survey development efforts associated claims in both petitions and explains the comment includes profanity, threats, with a variety of economics projects the basis for the EPA’s decision. information claimed to be Confidential including those related to valuation of Sections 307(b) and 505(b)(2) of the Business Information (CBI) or other ecosystems, health risk reductions, and CAA provide that a petitioner may information whose disclosure is improvements to coastal waters, to request judicial review of those portions restricted by statute. name a few. Focus groups are an of an order that deny issues in a FOR FURTHER INFORMATION CONTACT: important part of any survey petition. Any petition for review shall Nathalie Simon, Office of Policy, (MC development process, allowing

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researchers to directly gauge what SUMMARY: The Environmental Protection 2016, requesting that the EPA object to specific issues are important to the Agency (EPA) Administrator signed an the issuance of operating permit no. public and providing a means for Order dated May 1, 2018, granting in O3711, issued by TCEQ to Pasadena explicitly testing draft survey materials. part and denying in part a Petition dated Refinery in Harris County, Texas. The Through these focus groups, the Agency November 8, 2016 from the Petition claims that: (1) The proposed will be able to gain a more in-depth Environmental Integrity Project, Sierra permits’ incorporation by reference of understanding of the public’s attitudes, Club, Texas Environmental Justice minor NSR authorizations fails to assure beliefs, motivations and feelings Advocacy Services, and Air Alliance compliance with applicable regarding specific issues and will Houston. The Petition requested that the requirements, (2) the proposed permits’ provide valuable information regarding EPA object to a Clean Air Act (CAA) incorporation by reference of Permit by the quality of draft survey instruments. title V operating permit issued by the Rule (PBR) and Standard Exemption The information collected in the focus Texas Commission on Environmental authorizations fails to assure groups will be used to develop and Quality (TCEQ) to Pasadena Refining improve economics-related surveys. To System (Pasadena) for its Pasadena compliance with applicable the extent that these surveys are Refinery located in Harris County, requirements, (3) the proposed permits’ ultimately successfully administered, Texas. incorporation by reference of minor they will serve to expand the Agencies NSR permits and PBRs that apply to the ADDRESSES: The EPA requests that you same emission unit makes it impossible understanding of benefits and costs of a contact the individual listed in the FOR to determine the emission limits that variety of actions and could provide the FURTHER INFORMATION CONTACT section to apply to such units, (4) the proposed means to quantitatively assess the view copies of the final Order, the permit fails to require monitoring, effects of others. Participation in the Petition, and other supporting focus groups will be voluntary and the information. You may review copies of recordkeeping, and reporting identity of the participants will be kept the final Order, the Petition, and other requirements that assure compliance confidential. supporting information at the EPA with applicable limits (PBRs and Form Numbers: None. Region 6 Office, 1445 Ross Avenue, Standard Exemptions), (5) the proposed Respondents/affected entities: Dallas, Texas 75202–2733. You may permit fails to establish monitoring, Individuals. view the hard copies Monday through recordkeeping, and reporting Respondent’s obligation to respond: Friday, from 9 a.m. to 3 p.m., excluding requirements that assure compliance Voluntary. federal holidays. If you wish to examine with emission limits for multiple Estimated number of respondents: these documents, you should make an emission units (Claims C, D, E, F, and 1,584 (total). appointment at least 24 hours before the G), (6) the proposed permit fails to Frequency of response: Once. visiting day. Additionally, the final Total estimated burden: 2,745 hours require monitoring that assures Order and Petition are available (total). Burden is defined at 5 CFR compliance with the emission limits for electronically at: https://www.epa.gov/ 1320.03(b). Pasadena Refining’s flares, (7) the title-v-operating-permits/title-v-petition- Total estimated cost: $0, includes $0 proposed permit fails to require database. annualized capital or operation & monitoring that assures compliance maintenance costs. FOR FURTHER INFORMATION CONTACT: with the 90% removal efficiency Changes in estimates: There is no Aimee Wilson, EPA Region 6, (214) requirement for the acid relief change in the total estimated respondent 665–7596, [email protected]. neutralization system, and (8) the burden compared with the ICR currently SUPPLEMENTARY INFORMATION: The CAA proposed permit fails to specify and approved by OMB. affords EPA a 45-day period to review assure compliance with planned Dated: May 1, 2018. and object to, as appropriate, operating maintenance, startup, and shutdown Al McGartland, permits proposed by state permitting emission limits and operating authorities under title V of the CAA. Director, National Center for Environmental requirements for boiler #6. Section 505(b)(2) of the CAA authorizes Economics, Office of Policy. On May 1, 2018, the EPA any person to petition the EPA [FR Doc. 2018–10793 Filed 5–18–18; 8:45 am] Administrator issued an Order granting Administrator to object to a title V BILLING CODE 6560–50–P operating permit within 60 days after in part and denying in part the Petition. the expiration of the EPA’s 45-day The Order explains the basis for EPA’s decision. ENVIRONMENTAL PROTECTION review period if the EPA has not AGENCY objected on its own initiative. Petitions Sections 307(b) and 505(b)(2) of the must be based only on objections to the CAA provide that a petitioner may [FRL–9977–98—Region 6] permit that were raised with reasonable request judicial review of those portions specificity during the public comment of an order that deny issues in a Clean Air Act Operating Permit period provided by the state, unless the petition. Any petition for review shall Program; Petitions for Objection to petitioner demonstrates that it was be filed in the United States Court of State Operating Permit for Pasadena impracticable to raise these issues Refining System, Pasadena Refinery, Appeals for the appropriate circuit no during the comment period or unless later than July 20, 2018. Harris County, Texas the grounds for the issue arose after this Dated: May 14, 2018. AGENCY: Environmental Protection period. Agency (EPA). The EPA received the Petition from Anne L. Idsal, the Environmental Integrity Project, ACTION: Notice of final Order on Petition Regional Administrator, Region 6. Sierra Club, Texas Environmental for objection to Clean Air Act title V [FR Doc. 2018–10761 Filed 5–18–18; 8:45 am] Justice Advocacy Services, and Air operating permit. BILLING CODE 6560–50–P Alliance Houston dated November 8,

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ENVIRONMENTAL PROTECTION public meeting that will be held at the Production, Inc. (BP), in the Macondo AGENCY Tulane River and Coastal Center on May prospect (Mississippi Canyon 252– 22, 2018; Open House 5:30 p.m., MC252), experienced a significant [FRL–9977–97–OW] Meeting 6:00 p.m.; 1370 Port of New explosion, fire, and subsequent sinking Notice of Availability of the Deepwater Orleans Place, New Orleans, LA 70130. in the Gulf of Mexico, resulting in an Horizon Oil Spill Louisiana Trustee ADDRESSES: Obtaining Documents: You unprecedented volume of oil and other Implementation Group Draft may download the Draft Supplemental discharges from the rig and from the Supplemental Restoration Plan and RP/EA at any of the following sites: wellhead on the seabed. The Deepwater • Environmental Assessment for the http://www.gulfspill Horizon oil spill is the largest off shore restoration.noaa.gov. oil spill in U.S. history, discharging Elmer’s Island Access Project • Modification http://www.la-dwh.com. millions of barrels of oil over a period Alternatively, you may request a CD of 87 days. AGENCY: Environmental Protection of the Draft Supplemental RP/EA (see The Trustees conducted the natural Agency (EPA). FOR FURTHER INFORMATION CONTACT). You resource damage assessment for the ACTION: Notice of availability; request may also view the document at any of Deepwater Horizon oil spill under the for public comments. the public facilities listed at http:// Oil Pollution Act of 1990 (33 U.S.C. www.gulfspillrestoration.noaa.gov. 2701 et seq.). Under OPA, Federal and SUMMARY: On December 20, 2017, the Submitting Comments: You may State agencies act as trustees on behalf Environmental Protection Agency (EPA) submit comments on the Draft of the public to assess natural resource published a Notice of Availability of the Supplemental RP/EA by one of the injuries and losses and to determine the Deepwater Horizon Oil Spill Louisiana following methods: actions required to compensate the Trustee Implementation Group • Via the Web: http://www.gulfspill public for those injuries and losses. (Louisiana TIG) Draft Restoration Plan restoration.noaa.gov/restoration-areas/ OPA further instructs the designated and Environmental Assessment #2: louisiana. trustees to develop and implement a Provide and Enhance Recreational • Via U.S. Mail: U.S. Fish and plan for the restoration, rehabilitation, Opportunities (Draft RP/EA #2) and Wildlife Service, P.O. Box 49567, replacement, or acquisition of the requested comments from the public. In Atlanta, GA 30345. equivalent of the injured natural response to the public comments • In Person: Verbal comments may be resources under their trusteeship, received on the Elmer’s Island Access provided at the public meeting on May including the loss of use and services project proposed in the Draft RP/EA #2, 22, 2018. from those resources from the time of the Louisiana TIG is proposing a Once submitted, comments cannot be injury until the time restoration to modification to the original Elmer’s edited or withdrawn. The Louisiana TIG baseline (the resource quality and Island Access project feature. In may publish any comment received on conditions that would exist if the spill accordance with the Oil Pollution Act of the document. Do not submit had not occurred) is complete. 1990 (OPA) and the National electronically any information you The Deepwater Horizon oil spill Environmental Policy Act (NEPA), the consider to be Confidential Business Trustees are: Federal and State natural resource Information (CBI) or other information • U.S. Environmental Protection trustee agencies for the Louisiana TIG whose disclosure is restricted by statute. Agency (EPA); • prepared a Draft Supplemental Multimedia submissions (audio, video, U.S. Department of the Interior Restoration Plan and Environmental etc.) must be accompanied by a written (DOI), as represented by the National Assessment for the Elmer’s Island comment. The written comment is Park Service, Access Project Modification (Draft considered the official comment and U.S. Fish and Wildlife Service, and should include discussion of all points Bureau of Land Management; Supplemental RP/EA). The Draft • Supplemental RP/EA evaluates the you wish to make. The Louisiana TIG National Oceanic and Atmospheric proposed change to the Elmer’s Island will generally not consider comments or Administration (NOAA), on behalf of comment contents located outside of the the U.S. Department of Commerce; Access project and alternatives • considered by the Louisiana TIG under primary submission (i.e. on the web, U.S. Department of Agriculture criteria set forth in the OPA natural cloud, or other file sharing system). (USDA); • State of Louisiana Coastal resource damage assessment (NRDA) Please be aware that your entire Protection and Restoration Authority regulations, and evaluates their comment, including your personal (CPRA), Oil Spill Coordinator’s Office environmental effects in accordance identifying information, will become (LOSCO), Department of Environmental with NEPA. The proposed modification part of the public record. Please note Quality (LDEQ), Department of Wildlife to the Elmer’s Island Access project is that mailed comments must be and Fisheries (LDWF), and Department consistent with the restoration postmarked on or before the comment deadline of 30 days following of Natural Resources (LDNR); alternatives selected in the Deepwater • State of Mississippi Department of Horizon oil spill Final Programmatic publication of this notice to be considered. Environmental Quality; Damage Assessment and Restoration • State of Alabama Department of Plan/Programmatic Environmental FOR FURTHER INFORMATION CONTACT: Conservation and Natural Resources and Impact Statement (PDARP/PEIS). The • Louisiana—Joann Hicks, 225–342– Geological Survey of Alabama; purpose of this notice is to inform the 5477. • State of Florida Department of public of the availability of the Draft • EPA—Tim Landers, 202–566–2231. Environmental Protection and Fish and Supplemental RP/EA and to seek public SUPPLEMENTARY INFORMATION: Wildlife Conservation Commission; and comments on the document. • State of Texas Parks and Wildlife DATES: The Louisiana TIG will consider Introduction Department, General Land Office, and public comments received on or before On April 20, 2010, the mobile Commission on Environmental Quality. June 20, 2018. offshore drilling unit Deepwater On April 4, 2016, the Trustees Public Meeting: The Louisiana TIG Horizon, which was being used to drill reached and finalized a settlement of will also take verbal comments at a a well for BP Exploration and their natural resource damage claims

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with BP in a Consent Decree approved Draft Supplemental RP/EA and the Draft Final Supplemental Environmental by the United States District Court for RP/EA #2 and the Louisiana TIG’s Impact Statement/Environmental the Eastern District of Louisiana. responses, where applicable, will be Impact Report/Land Use Plan Pursuant to that Consent Decree, included in the Final Restoration Plan/ Amendment, Review Period Ends: 06/ restoration projects in the Louisiana Environmental Assessment #2: Provide 21/2018, Contact: Mark DeMaio 760– Restoration Area are now chosen and and Enhance Recreational Opportunities 833–7124. managed by the Louisiana TIG. The (Final RP/EA #2). Public comments on EIS No. 20180097, Final, USFS, CO, Louisiana TIG is composed of the the Draft Supplemental RP/EA will Travel Management—Rico West following Trustees: CPRA, LOSCO, inform the Louisiana TIG’s decision on Dolores Roads and Trails Project, LDEQ, LDWF, LDNR, EPA, DOI, NOAA, whether to select the Elmer’s Island Review Period Ends: 06/21/2018, USDA. Access project, as modified, in the Final Contact: Deborah Kill 970–882–6822. Background RP/EA #2. EIS No. 20180098, Final, USFS, MT, Starry Goat, Review Period Ends: 06/ Administrative Record In the December 2017 Draft RP/EA #2, 21/2018, Contact: Lisa Osborn 406– the Louisiana TIG presented to the The documents comprising the 295–7426. public its plan for providing partial Administrative Record for the Draft EIS No. 20180099, Draft, FAA, AZ, compensation for recreational use Supplemental RP/EA can be viewed Tucson International Airport— services lost as a result of the Deepwater electronically at http://www.doi.gov/ Airfield Safety Enhancement Project, Horizon oil spill. The public comment deepwaterhorizon/administrativerecord. Comment Period Ends: 07/09/2018, period for the Draft RP/EA #2 began on Contact: David B. Kessler, AICP 310– Authority December 20, 2017, and closed on 725–3615. February 2, 2018. The Louisiana TIG The authority for this action is the Oil EIS No. 20180100, Final, USFS, CO, P hosted a public meeting on January 24, Pollution Act of 1990 (33 U.S.C. 2701 et District-wide Salvage Project, Review 2018, in New Orleans. The Draft RP/EA seq.), its implementing NRDA Period Ends: 07/05/2018, Contact: #2 proposed four restoration projects, regulations found at 15 CFR part 990, Mike Tooley 719–274–6321. evaluated in accordance with OPA and and NEPA (42 U.S.C. 4321 et seq.). EIS No. 20180101, Draft Supplement, NEPA, including the Elmer’s Island Dated: May 3, 2018. Caltrans, CA, SR 710 North Study Access project. As proposed, the Elmer’s _ Benita Best-Wong, FRDEIR/SDEIS 05–09–18, Comment Island Access project would enhance Period Ends: 07/05/2018, Contact: recreational opportunities within the Acting Principal Deputy Assistant Administrator, Office of Water. Jason Roach 213–897–0357. Elmer’s Island Refuge by incorporating EIS No. 20180102, Draft, NMFS, FL, [FR Doc. 2018–10112 Filed 5–18–18; 8:45 am] a suite of features to improve upon Coral Habitat Areas Considered for existing access points, enhance the BILLING CODE 6560–50–P Habitat Areas of Particular Concern natural features of the area through Designation in the Gulf of Mexico, reconnected hydrology, and develop a Comment Period Ends: 07/05/2018, solution for improved access for ENVIRONMENTAL PROTECTION AGENCY Contact: Lauren Waters 727–209– recreational fishing activities targeting 5991. the eastern portion of Elmer’s Island [ER–FRL–9039–04–OP] EIS No. 20180103, Final, USFWS, CA, adjacent to Caminada Pass. In response Otay River Estuary Restoration to the public comments received on the Environmental Impact Statements; Project, South San Diego Bay Unit of Elmer’s Island Access project proposed Notice of Availability the San Diego Bay National Wildlife in the Draft RP/EA #2, the Louisiana Refuge, California, Final TIG is proposing a modification to the Responsible Agency: Office of Federal Environmental Impact Statement, original project feature. This Activities, General Information (202) Review Period Ends: modification would eliminate the 564–7156 or https:// 06/21/2018, Contact: Brian Collins proposed boardwalk and associated www2.epa.gov/nepa/. 619–575–2704. small boat launch and parking area at Weekly receipt of Environmental Impact Elmer’s Island, and provide a beach Statements Dated: May 17, 2018. shuttle service that would allow Filed 05/07/2018 Through 05/11/2018 Brittany Bolen, improved public access to Caminada Pursuant to 40 CFR 1506.9 Acting Assistant Administrator, Office of Policy. Pass, the most popular location for Notice recreational fishing on Elmer’s Island. [FR Doc. 2018–10937 Filed 5–18–18; 8:45 am] The Louisiana TIG has prepared the Section 309(a) of the Clean Air Act BILLING CODE 6560–50–P Draft Supplemental RP/EA to inform the requires that EPA make public its public about the proposed modification comments on EISs issued by other to the Elmer’s Island Access project and Federal agencies. EPA’s comment letters DEPARTMENT OF HEALTH AND to seek public comment. on EISs are available at: https:// HUMAN SERVICES cdxnodengn.epa.gov/cdx-nepa-public/ Next Steps action/eis/search. Food and Drug Administration The public is encouraged to review EIS No. 20180095, Final, USFWS, CA, and comment on the Draft Final Environmental Impact [Docket No. FDA–2017–D–6759] Supplemental RP/EA. A public meeting Statement/Environmental Impact Establishing Effectiveness for Drugs is scheduled to also help facilitate the Report for the South Sacramento Intended To Treat Male public review and comment process. Habitat Conservation Plan, Review Hypogonadotropic Hypogonadism Comments provided on the Draft Period Ends: 06/21/2018, Contact: Attributed to Nonstructural Disorders; Supplemental RP/EA will be considered Nina Bicknese 916–414–6633. Guidance for Industry; Availability along with comments previously EIS No. 20180096, Final Supplement, received on the Draft RP/EA #2. A BLM, CA, Palen Solar Project AGENCY: Food and Drug Administration, summary of comments received on the (formerly Palen Solar Power Project), HHS.

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ACTION: Notice of availability. Written/Paper Submissions electronic and written/paper comments Submit written/paper submissions as received, go to https:// SUMMARY: The Food and Drug follows: www.regulations.gov and insert the Administration (FDA or Agency) is • Mail/Hand delivery/Courier (for docket number, found in brackets in the announcing the availability of a written/paper submissions): Dockets heading of this document, into the guidance for industry entitled Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts ‘‘Establishing Effectiveness for Drugs Drug Administration, 5630 Fishers and/or go to the Dockets Management Intended to Treat Male Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, Hypogonadotropic Hypogonadism • For written/paper comments Rockville, MD 20852. Attributed to Nonstructural Disorders.’’ submitted to the Dockets Management You may submit comments on any This guidance provides Staff, FDA will post your comment, as guidance at any time (see 21 CFR recommendations for establishing well as any attachments, except for 10.115(g)(5)). clinical effectiveness for drugs intended information submitted, marked and Submit written requests for single to treat male hypogonadotropic identified, as confidential, if submitted copies of this guidance to the Division hypogonadism associated with obesity as detailed in ‘‘Instructions.’’ of Drug Information, Center for Drug and other conditions that do not cause Instructions: All submissions received Evaluation and Research, Food and structural disorders of the must include the Docket No. FDA– Drug Administration, 10001 New hypothalamus or pituitary gland. This 2017–D–6759 for ‘‘Establishing Hampshire Ave, Hillandale Building, guidance incorporates advice FDA Effectiveness for Drugs Intended to 4th Floor, Silver Spring, MD 20993– received at a December 2014 advisory Treat Male Hypogonadotropic 0002. Send one self-addressed adhesive committee meeting on the appropriate Hypogonadism Attributed to label to assist that office in processing indicated population for testosterone Nonstructural Disorders; Guidance for your requests. See the SUPPLEMENTARY therapy and a December 2016 advisory Industry; Availability.’’ Received INFORMATION section for electronic committee meeting on comments will be placed in the docket access to the guidance document. hypogonadotropic hypogonadism. This and, except for those submitted as FOR FURTHER INFORMATION CONTACT: guidance finalizes the draft guidance of ‘‘Confidential Submissions,’’ publicly Jeannie Roule, Center for Drug the same name issued on January 3, viewable at https://www.regulations.gov Evaluation and Research, Food and 2018. or at the Dockets Management Staff Drug Administration, 10903 New DATES: The announcement of the between 9 a.m. and 4 p.m., Monday Hampshire Ave, Bldg. 22, Rm. 5332, guidance is published in the Federal through Friday. Silver Spring, MD 20993–0002, 301– • Register on May 21, 2018. Confidential Submissions—To 796–3993. submit a comment with confidential SUPPLEMENTARY INFORMATION: ADDRESSES: You may submit either information that you do not wish to be electronic or written comments on made publicly available, submit your I. Background Agency guidances at any time as comments only as a written/paper FDA is announcing the availability of follows: submission. You should submit two a guidance for industry entitled Electronic Submissions copies total. One copy will include the ‘‘Establishing Effectiveness for Drugs information you claim to be confidential Intended to Treat Male Submit electronic comments in the with a heading or cover note that states Hypogonadotropic Hypogonadism following way: ‘‘THIS DOCUMENT CONTAINS Attributed to Nonstructural Disorders.’’ • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The This guidance provides https://www.regulations.gov. Follow the Agency will review this copy, including recommendations for establishing instructions for submitting comments. the claimed confidential information, in clinical effectiveness for drugs intended Comments submitted electronically, its consideration of comments. The to treat male hypogonadotropic including attachments, to https:// second copy, which will have the hypogonadism associated with obesity www.regulations.gov will be posted to claimed confidential information and other conditions that do not cause the docket unchanged. Because your redacted/blacked out, will be available structural disorders of the comment will be made public, you are for public viewing and posted on hypothalamus or pituitary gland. This solely responsible for ensuring that your https://www.regulations.gov. Submit guidance incorporates advice FDA comment does not include any both copies to the Dockets Management received at a December 2014 advisory confidential information that you or a Staff. If you do not wish your name and committee meeting on the appropriate third party may not wish to be posted, contact information to be made publicly indicated population for testosterone such as medical information, your or available, you can provide this therapy and a December 2016 advisory anyone else’s Social Security number, or information on the cover sheet and not committee meeting on confidential business information, such in the body of your comments and you hypogonadotropic hypogonadism. This as a manufacturing process. Please note must identify this information as guidance finalizes the draft guidance of that if you include your name, contact ‘‘confidential.’’ Any information marked the same name issued on January 3, information, or other information that as ‘‘confidential’’ will not be disclosed 2018 (83 FR 383). The guidance identifies you in the body of your except in accordance with 21 CFR 10.20 includes editorial changes and a new comments, that information will be and other applicable disclosure law. For sentence clarifying that the posted on https://www.regulations.gov. more information about FDA’s posting recommendations do not apply to • If you want to submit a comment of comments to public dockets, see 80 testosterones and testosterone esters with confidential information that you FR 56469, September 18, 2015, or access seeking the traditional indication of do not wish to be made available to the the information at: https://www.gpo.gov/ replacement therapy in adult males for public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- conditions associated with a deficiency written/paper submission and in the 23389.pdf. or absence of endogenous testosterone. manner detailed (see ‘‘Written/Paper Docket: For access to the docket to This guidance is being issued Submissions’’ and ‘‘Instructions’’). read background documents or the consistent with FDA’s good guidance

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practices regulation (21 CFR 10.115). Electronic Submissions with a heading or cover note that states The guidance represents the current Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS thinking of FDA on establishing following way: CONFIDENTIAL INFORMATION.’’ The effectiveness for drugs intended to treat • Federal eRulemaking Portal: Agency will review this copy, including male hypogonadotropic hypogonadism https://www.regulations.gov. Follow the the claimed confidential information, in attributed to nonstructural disorders. It instructions for submitting comments. its consideration of comments. The does not establish any rights for any Comments submitted electronically, second copy, which will have the person and is not binding on FDA or the including attachments, to https:// claimed confidential information public. You can use an alternative www.regulations.gov will be posted to redacted/blacked out, will be available approach if it satisfies the requirements the docket unchanged. Because your for public viewing and posted on of the applicable statutes and comment will be made public, you are https://www.regulations.gov. Submit regulations. This guidance is not subject solely responsible for ensuring that your both copies to the Dockets Management to Executive Order 12866. comment does not include any Staff. If you do not wish your name and contact information to be made publicly II. Electronic Access confidential information that you or a third party may not wish to be posted, available, you can provide this Persons with access to the internet such as medical information, your or information on the cover sheet and not may obtain the guidance at either anyone else’s Social Security number, or in the body of your comments and you https://www.fda.gov/Drugs/Guidance confidential business information, such must identify this information as ComplianceRegulatoryInformation/ as a manufacturing process. Please note ‘‘confidential.’’ Any information marked Guidances/default.htm or https:// that if you include your name, contact as ‘‘confidential’’ will not be disclosed www.regulations.gov. information, or other information that except in accordance with 21 CFR 10.20 Dated: May 15, 2018. identifies you in the body of your and other applicable disclosure law. For more information about FDA’s posting Leslie Kux, comments, that information will be of comments to public dockets, see 80 Associate Commissioner for Policy. posted on https://www.regulations.gov. • FR 56469, September 18, 2015, or access [FR Doc. 2018–10732 Filed 5–18–18; 8:45 am] If you want to submit a comment with confidential information that you the information at: https://www.gpo.gov/ BILLING CODE 4164–01–P do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015- public, submit the comment as a 23389.pdf. written/paper submission and in the Docket: For access to the docket to DEPARTMENT OF HEALTH AND read background documents or the HUMAN SERVICES manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments Food and Drug Administration received, go to https:// Written/Paper Submissions www.regulations.gov and insert the docket number, found in brackets in the [Docket No. FDA 2018–D–1711] Submit written/paper submissions as follows: heading of this document, into the Cytomegalovirus in Transplantation: • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts Developing Drugs To Treat or Prevent written/paper submissions): Dockets and/or go to the Dockets Management Disease; Draft Guidance for Industry; Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, Availability Drug Administration, 5630 Fishers Rockville, MD 20852. Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any AGENCY: Food and Drug Administration, • For written/paper comments guidance at any time (see 21 CFR HHS. submitted to the Dockets Management 10.115(g)(5)). Submit written requests for single ACTION: Notice of availability. Staff, FDA will post your comment, as well as any attachments, except for copies of the draft guidance to the Division of Drug Information, Center for SUMMARY: The Food and Drug information submitted, marked and identified, as confidential, if submitted Drug Evaluation and Research, Food Administration (FDA or Agency) is and Drug Administration, 10001 New announcing the availability of a draft as detailed in ‘‘Instructions.’’ Instructions: All submissions received Hampshire Ave., Hillandale Building, guidance for industry entitled 4th Floor, Silver Spring, MD 20993– ‘‘Cytomegalovirus in Transplantation: must include the Docket No. FDA 2018– D–1711 for ‘‘Cytomegalovirus in 0002. Send one self-addressed adhesive Developing Drugs to Treat or Prevent label to assist that office in processing Disease.’’ The purpose of this guidance Transplantation: Developing Drugs to your requests. See the SUPPLEMENTARY is to assist sponsors in all phases of Treat or Prevent Disease; Draft Guidance INFORMATION section for electronic development of drugs and biologics for for Industry; Availability.’’ Received access to the draft guidance document. the treatment or prevention of comments will be placed in the docket cytomegalovirus (CMV) disease in and, except for those submitted as FOR FURTHER INFORMATION CONTACT: patients who have undergone solid ‘‘Confidential Submissions,’’ publicly Jeffrey Murray, Center for Drug organ transplantation (SOT) or viewable at https://www.regulations.gov Evaluation and Research, Food and hematopoietic stem cell transplantation or at the Dockets Management Staff Drug Administration, 10903 New (HSCT). between 9 a.m. and 4 p.m., Monday Hampshire Ave., Bldg. 22, Rm. 6360, through Friday. Silver Spring, MD 20993–0002, 301– DATES: Submit either electronic or • Confidential Submissions—To 796–1500. written comments on the draft guidance submit a comment with confidential SUPPLEMENTARY INFORMATION: by July 20, 2018 to ensure that the information that you do not wish to be Agency considers your comment on this made publicly available, submit your I. Background draft guidance before it begins work on comments only as a written/paper FDA is announcing the availability of the final version of the guidance. submission. You should submit two a draft guidance for industry entitled ADDRESSES: You may submit comments copies total. One copy will include the ‘‘Cytomegalovirus in Transplantation: on any guidance at any time as follows: information you claim to be confidential Developing Drugs to Treat or Prevent

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Disease.’’ The purpose of this guidance DEPARTMENT OF HEALTH AND that if you include your name, contact is to assist sponsors in the clinical HUMAN SERVICES information, or other information that development of drugs for the treatment identifies you in the body of your or prevention of CMV disease in Food and Drug Administration comments, that information will be patients who have undergone SOT or [Docket No. FDA–2018–N–0821] posted on https://www.regulations.gov. HSCT. Specifically, this guidance • If you want to submit a comment addresses FDA’s current thinking Agency Information Collection with confidential information that you regarding the overall development Activities; Proposed Collection; do not wish to be made available to the program and clinical trial designs for Comment Request; Investigation of public, submit the comment as a the development of drugs and biologics Consumer Perceptions of Expressed written/paper submission and in the to support an indication for the Modified Risk Claims manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). treatment or prevention of CMV disease AGENCY: Food and Drug Administration, in post-transplant populations. This HHS. Written/Paper Submissions guidance does not address drug ACTION: Notice. Submit written/paper submissions as development for the prevention or follows: treatment of congenital CMV infection SUMMARY: The Food and Drug • Mail/Hand delivery/Courier (for or CMV infection in patients other than Administration (FDA or Agency) is written/paper submissions): Dockets those undergoing SOT or HSCT. announcing an opportunity for public Management Staff (HFA–305), Food and This guidance also discusses the use comment on the proposed collection of Drug Administration, 5630 Fishers of CMV DNAemia (CMV certain information by the Agency. Lane, Rm. 1061, Rockville, MD 20852. • deoxyribonucleic acid in blood Under the Paperwork Reduction Act of For written/paper comments 1995 (PRA), Federal Agencies are determined by polymerase chain submitted to the Dockets Management required to publish notice in the reaction, an indirect measure of CMV Staff, FDA will post your comment, as Federal Register concerning each viremia) as a surrogate endpoint in trials well as any attachments, except for proposed collection of information and designed to support accelerated information submitted, marked and to allow 60 days for public comment in approval. identified, as confidential, if submitted response to the notice. This notice as detailed in ‘‘Instructions.’’ This draft guidance is being issued solicits comments on the investigation Instructions: All submissions received consistent with FDA’s good guidance of consumer perceptions of expressed must include the Docket No. FDA– practices regulation (21 CFR 10.115). modified risk claims. 2018–N–0821 for ‘‘Investigation of The draft guidance, when finalized, will DATES: Submit either electronic or Consumer Perceptions of Expressed represent the current thinking of FDA written comments on the collection of Modified Risk Claims.’’ Received on developing drugs to treat or prevent information by July 20, 2018. comments, those filed in a timely CMV disease in transplantation. It does ADDRESSES: You may submit comments manner (see ADDRESSES), will be placed not establish any rights for any person as follows. Please note that late, in the docket and, except for those and is not binding on FDA or the public. untimely filed comments will not be submitted as ‘‘Confidential You can use an alternative approach if considered. Electronic comments must Submissions,’’ publicly viewable at it satisfies the requirements of the be submitted on or before July 20, 2018. https://www.regulations.gov or at the applicable statutes and regulations. This The https://www.regulations.gov Dockets Management Staff between 9 guidance is not subject to Executive electronic filing system will accept a.m. and 4 p.m., Monday through Order 12866. comments until midnight Eastern Time Friday. • at the end of July 20, 2018. Comments Confidential Submissions—To II. Paperwork Reduction Act of 1995 received by mail/hand delivery/courier submit a comment with confidential information that you do not wish to be This draft guidance refers to (for written/paper submissions) will be made publicly available, submit your previously approved collections of considered timely if they are comments only as a written/paper information that are subject to review by postmarked or the delivery service submission. You should submit two the Office of Management and Budget acceptance receipt is on or before that date. copies total. One copy will include the (OMB) under the Paperwork Reduction information you claim to be confidential Act of 1995 (44 U.S.C. 3501–3520). The Electronic Submissions with a heading or cover note that states collections of information in 21 CFR Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS parts 312 and 314 have been approved following way: CONFIDENTIAL INFORMATION.’’ The under OMB control numbers 0910–0014 • Federal eRulemaking Portal: Agency will review this copy, including and 0910–0001, respectively. https://www.regulations.gov. Follow the the claimed confidential information, in III. Electronic Access instructions for submitting comments. its consideration of comments. The Comments submitted electronically, second copy, which will have the Persons with access to the internet including attachments, to https:// claimed confidential information may obtain the draft guidance at either www.regulations.gov will be posted to redacted/blacked out, will be available https://www.fda.gov/Drugs/Guidance the docket unchanged. Because your for public viewing and posted on ComplianceRegulatoryInformation/ comment will be made public, you are https://www.regulations.gov. Submit Guidances/default.htm or https:// solely responsible for ensuring that your both copies to the Dockets Management www.regulations.gov. comment does not include any Staff. If you do not wish your name and Dated: May 15, 2018. confidential information that you or a contact information to be made publicly third party may not wish to be posted, available, you can provide this Leslie Kux, such as medical information, your or information on the cover sheet and not Associate Commissioner for Policy. anyone else’s Social Security number, or in the body of your comments and you [FR Doc. 2018–10733 Filed 5–18–18; 8:45 am] confidential business information, such must identify this information as BILLING CODE 4164–01–P as a manufacturing process. Please note ‘‘confidential.’’ Any information marked

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as ‘‘confidential’’ will not be disclosed when appropriate, and other forms of (section 911(g)(2) of the FD&C Act). In except in accordance with 21 CFR 10.20 information technology. addition, section 911 of the FD&C Act and other applicable disclosure law. For requires that any advertising or labeling Investigation of Consumer Perceptions more information about FDA’s posting concerning modified risk products of Expressed Modified Risk Claims of comments to public dockets, see 80 enable the public to comprehend the FR 56469, September 18, 2015, or access OMB Control Number 0910—NEW information concerning modified risk the information at: https://www.gpo.gov/ FDA’s Center for Tobacco Products and to understand the relative fdsys/pkg/FR-2015-09-18/pdf/2015- proposes to conduct a study to develop significance of such information in the 23389.pdf. generalizable scientific knowledge to context of total health and in relation to Docket: For access to the docket to help inform its implementation of all the diseases and health-related read background documents or the section 911 of the Federal Food, Drug, conditions associated with the use of electronic and written/paper comments and Cosmetic Act (FD&C Act) (21 U.S.C. tobacco products (section 911(h)(1) of received, go to https:// 387k), wherein FDA will be evaluating the FD&C Act). The proposed research www.regulations.gov and insert the information submitted to the Agency will inform the Agency’s efforts to docket number, found in brackets in the about how consumers understand and implement the provisions of the FD&C heading of this document, into the perceive modified risk tobacco products Act related to MRTPs. ‘‘Search’’ box and follow the prompts (MRTPs). Section 911 of the FD&C Act FDA proposes conducting a study to and/or go to the Dockets Management authorizes FDA to grant orders to assist in determining appropriate methods for gathering information about Staff, 5630 Fishers Lane, Rm. 1061, persons to allow the marketing of how consumers perceive and Rockville, MD 20852. MRTPs. The term ‘‘modified risk understand modified risk information. tobacco product’’ means any tobacco FOR FURTHER INFORMATION CONTACT: The study would develop and validate product that is sold or distributed for Amber Sanford, Office of Operations, measures of consumer perceptions of use to reduce harm or the risk of Food and Drug Administration, Three health risk from using tobacco products. tobacco-related disease associated with White Flint North, 10A–12M, 11601 Moreover, the study would test how commercially marketed tobacco Landsdown St., North Bethesda, MD participants’ responses on these products. FDA can issue a risk 20852, 301–796–8867, PRAStaff@ measures are affected by viewing modification order under section fda.hhs.gov. modified risk labeling or advertising, 911(g)(1) of the FD&C Act authorizing participants’ characteristics such as SUPPLEMENTARY INFORMATION: Under the the marketing of a MRTP only if the PRA (44 U.S.C. 3501–3520), Federal prior beliefs about the harmfulness of Agency determines that the product, as tobacco products, current use of tobacco Agencies must obtain approval from the it is used by consumers, will Office of Management and Budget products, and sociodemographic significantly reduce harm and the risk of characteristics. Finally, the study would (OMB) for each collection of tobacco-related disease to individual examine factors that may influence the information they conduct or sponsor. tobacco users and benefit the health of effectiveness of debriefing at the end of ‘‘Collection of information’’ is defined the population as a whole, taking into a consumer perception study to ensure in 44 U.S.C. 3502(3) and 5 CFR account both users of tobacco products that people read and recall key 1320.3(c) and includes Agency requests and persons who do not currently use information about the study. This or requirements that members of the tobacco products (section 911(g)(1) of research is significant because it will public submit reports, keep records, or the FD&C Act). Alternatively, with validate methods that can be used in provide information to a third party. respect to tobacco products that may not studies of the impact of labels, labeling, Section 3506(c)(2)(A) of the PRA (44 be commercially marketed under and advertising on consumer U.S.C. 3506(c)(2)(A)) requires Federal section 911(g)(1) of the FD&C Act, FDA perceptions and understanding of the Agencies to provide a 60-day notice in may issue an exposure modification risks of product use. the Federal Register concerning each order under section 911(g)(2) of the Measures of consumer health risk proposed collection of information FD&C Act authorizing the marketing of perception will be developed and before submitting the collection to OMB a MRTP if, the Agency determines that validated by conducting a study on two for approval. To comply with this the standard in section 911(g)(2) of the product types: Moist snuff smokeless requirement, FDA is publishing notice FD&C Act is met, including, among tobacco products and electronic of the proposed collection of other requirements, that: Any aspect of cigarette (e-cigarette) products. For each information set forth in this document. the label, labeling, or advertising that product type, we will assess individual- With respect to the following would cause the product to be an MRTP level factors that may moderate the collection of information, FDA invites is limited to an explicit or implicit impact of modified risk information on comments on these topics: (1) Whether representation that the tobacco product consumer responses. Potential the proposed collection of information or its smoke does not contain or is free moderating factors under study include: is necessary for the proper performance of a substance or contains a reduced Beliefs (prior to viewing the modified of FDA’s functions, including whether level of a substance, or presents a risk information) about the harmfulness the information will have practical reduced exposure to a substance in of tobacco products, and the strength utility; (2) the accuracy of FDA’s tobacco smoke; the order would be with which those beliefs are held; estimate of the burden of the proposed appropriate to promote the public current tobacco use behaviors; and collection of information, including the health; the issuance of the order is sociodemographic characteristics validity of the methodology and expected to benefit the population as a including age and educational assumptions used; (3) ways to enhance whole taking into account both users attainment. For each product type, the quality, utility, and clarity of the and nonusers of tobacco products; and participants will be randomized to view information to be collected; and (4) the existing evidence demonstrates that one of two conditions: Tobacco product ways to minimize the burden of the a measurable and substantial reduction labeling and advertising that either does collection of information on in morbidity and mortality among or does not contain modified risk claims respondents, including through the use individual tobacco users is reasonably about a product. The labeling will of automated collection techniques, likely to be shown in subsequent studies consist of a product package. The

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advertising will consist of a print smoking cigarettes, using nicotine products are harmful to users’ health. advertisement. The study will assess replacement therapies, and quitting all Measures of intentions and doubt will participants’ perceptions of various tobacco and nicotine products. The be used to help assess the validity of the health risks from using the product, as study will also assess participants’ measures of health risk perception. well as their perceptions of health risk intentions to use the product and their FDA estimates the burden of this from using the product compared to level of doubt about whether tobacco collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Invitation: Young Adults (Ages 18Ð25) ...... 29,000 1 29,000 0.02 580 Invitation: Adults (Ages 26+) ...... 29,000 1 29,000 0.02 580 Consent and Screener: Young Adults (Ages 18Ð25) ...... 11,000 1 11,000 0.10 1,100 Consent and Screener: Adults (Ages 26+) ...... 16,500 1 16,500 0.10 1,650 Study: Young Adults (Ages 18Ð25) ...... 3,300 1 3,300 0.33 1,089 Study: Adults (Ages 26+) ...... 3,300 1 3,300 0.33 1,089

Total ...... 6,088 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA’s burden estimate is based on committee is to provide advice and modifications before coming to the prior experience with research that is recommendations to the Agency on meeting. For those unable to attend in similar to this proposed study. FDA’s regulatory issues. At least one person, the meeting will also be Approximately 58,000 people will portion of the meeting will be closed to available via webcast. The webcast will receive a study invitation, estimated to the public. be available at the following link: take 1 minute to read (approximately DATES: The meeting will be held on June https://collaboration.fda.gov/bpac0618/. 0.02 hours), for a total of 1,160 hours for 22, 2018, from 11 a.m. to 4:20 p.m. SUPPLEMENTARY INFORMATION: invitations. Approximately 27,500 ADDRESSES: Great Room A, Building 31, Agenda: On June 22, 2018, in the people will complete the informed FDA White Oak Campus, 10903 New morning open session, under Topic 1, consent and screener to determine Hampshire Ave., Silver Spring, MD the Committee will hear presentations eligibility for participation in the study, 20993. Answers to commonly asked on the research programs in the estimated to take 6 minutes (0.10 hours), questions including information Laboratory of Emerging Pathogens for a total of 2,750 hours for informed regarding special accommodations due (LEP), Laboratory of bacterial and TSE consent and screening activities. to a disability, visitor parking, and Agents (LBTSE), and from the Approximately 6,600 people will transportation may be accessed at: Laboratory of Molecular Virology (LMV) complete the full study, estimated to https://www.fda.gov/Advisory in the Division of Emerging take 20 minutes (approximately 0.33 Committees/AboutAdvisoryCommittees/ Transfusion-Transmitted Diseases hours), for a total of 2,178 hours for ucm408555.htm. (DETTD), Office of Blood Research and study completion activities. The Review (OBRR), Center for Biologics estimated total hour burden of the FOR FURTHER INFORMATION CONTACT: Evaluation and Research (CBER), FDA. collection of information is 6,088 hours. Bryan Emery or Joanne Lipkind, After the conclusion of the open Division of Scientific Advisors and Dated: May 15, 2018. session, the meeting will be closed to Consultants, Center for Biologics permit discussion where disclosure Leslie Kux, Evaluation and Research, Food and would constitute an unwarranted Associate Commissioner for Policy. Drug Administration, 10903 New invasion of personal privacy in [FR Doc. 2018–10723 Filed 5–18–18; 8:45 am] Hampshire Ave., Silver Spring, MD accordance with 5 U.S.C. 552b(c)(6). BILLING CODE 4164–01–P 20993–0002, Bldg. 71, Rm. 6132, at 240– In the afternoon, in open session, 402–8054, [email protected] under Topic II, the Committee will hear and Rm. 6270, at 240–402–8106, presentations on the research program DEPARTMENT OF HEALTH AND [email protected], in the Hemostasis Branch (HB), in the HUMAN SERVICES respectively, or FDA Advisory Division of Plasma Protein Therapeutics Committee Information Line, 1–800– Food and Drug Administration (DPPT), Office of Tissues and Advanced 741–8138 (301–443–0572 in the Therapies (OTAT), Center for Biologics [Docket No. FDA–2018–N–1708] Washington, DC area). A notice in the Evaluation and Research (CBER), FDA. Federal Register about last minute After the open session, the meeting will Blood Products Advisory Committee; modifications that impact a previously be closed to the public to permit Notice of Meeting announced advisory committee meeting discussion where disclosure would AGENCY: Food and Drug Administration, cannot always be published quickly constitute an unwarranted invasion of HHS. enough to provide timely notice. personal privacy in accordance with 5 ACTION: Notice. Therefore, you should always check the U.S.C. 552.b(c)(6). Agency’s website at https:// FDA intends to make background SUMMARY: The Food and Drug www.fda.gov/AdvisoryCommittees/ material available to the public no later Administration (FDA) announces a default.htm and scroll down to the than 2 business days before the meeting. forthcoming public advisory committee appropriate advisory committee meeting If FDA is unable to post the background meeting of the Blood Products Advisory link, or call the advisory committee material on its website prior to the Committee. The general function of the information line to learn about possible meeting, the background material will

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be made publicly available at the venue https://www.fda.gov/Advisory effective drugs for human use and, as of the advisory committee meeting, and Committees/AboutAdvisoryCommittees/ required, any other product for which the background material will be posted ucm111462.htm for procedures on FDA has regulatory responsibility. on FDA’s website after the meeting. public conduct during advisory The Committee reviews and evaluates Background material will be available at committee meetings. available data concerning the safety and http://www.fda.gov/Advisory Notice of this meeting is given under effectiveness of marketed and Committees/Calendar/default.htm. the Federal Advisory Committee Act (5 Scroll down to the appropriate advisory U.S.C. app.2). investigational human drug products including analgesics, e.g., abuse- committee meeting link. Dated: May 15, 2018. Procedure: On June 22, 2018, from 11 deterrent opioids, novel analgesics, and Leslie Kux, a.m. to 12:55 p.m. and 2:20 p.m. to 3:45 issues related to opioid abuse, and those p.m.., the meeting is open to the public. Associate Commissioner for Policy. for use in anesthesiology and makes Interested persons may present data, [FR Doc. 2018–10734 Filed 5–18–18; 8:45 am] appropriate recommendations to the information, or views, orally or in BILLING CODE 4164–01–P Commissioner. writing, on issues pending before the The Committee shall consist of a core committee. Written submissions may be of 11 voting members including the made to the contact person on or before DEPARTMENT OF HEALTH AND HUMAN SERVICES Chair. Members and the Chair are June 15, 2018. Oral presentations from selected by the Commissioner or the public will be scheduled between Food and Drug Administration designee from among authorities approximately 12:25 p.m. to 12:55 p.m. and from 3:15 p.m. to 3:45 p.m. on June [Docket No. FDA–2018–N–0001] knowledgeable in the fields of 22, 2018. Those individuals interested anesthesiology, analgesics (such as: in making formal oral presentations Advisory Committee; Anesthetic and abuse deterrent opioids, novel should notify the contact person and Analgesic Drug Products Advisory analgesics, and issues related to opioid submit a brief statement of the general Committee, Renewal abuse) epidemiology or statistics, and related specialties. Members will be nature of the evidence or arguments AGENCY: Food and Drug Administration, they wish to present, the names and HHS. invited to serve for overlapping terms of addresses of proposed participants, and up to 4 years. Almost all non-Federal ACTION: Notice; renewal of advisory members of this committee serve as an indication of the approximate time committee. requested to make their presentation on Special Government Employees. The or before June 7, 2018. Time allotted for SUMMARY: The Food and Drug core of voting members may include one each presentation may be limited. If the Administration (FDA) is announcing the technically qualified member, selected number of registrants requesting to renewal of the Anesthetic and Analgesic by the Commissioner or designee, who speak is greater than can be reasonably Drug Products Advisory Committee (the is identified with consumer interests accommodated during the scheduled Committee) by the Commissioner of and is recommended by either a open public hearing session, FDA may Food and Drugs (the Commissioner). consortium of consumer-oriented conduct a lottery to determine the The Commissioner has determined that organizations or other interested speakers for the scheduled open public it is in the public interest to renew the persons. In addition to the voting hearing session. The contact person will Committee for an additional 2 years members, the Committee may include notify interested persons regarding their beyond the charter expiration date. The one non-voting member who is request to speak by June 8, 2018. new charter will be in effect until May identified with industry interests. Closed Committee Deliberations: On 1, 2020. Further information regarding the June 22, 2018 between 12:55 p.m. and DATES: Authority for the Committee will most recent charter and other 1:40 p.m. and between 3:45 p.m. and expire on May 1, 2020, unless the information can be found at https:// 4:20 p.m., the meeting will be closed to Commissioner formally determines that permit discussion where disclosure renewal is in the public interest. www.fda.gov/AdvisoryCommittees/ would constitute a clearly unwarranted CommitteesMeetingMaterials/Drugs/ FOR FURTHER INFORMATION CONTACT: invasion of personal privacy (5 U.S.C. AnestheticandAnalgesicDrugProducts Moon Hee Choi, Center for Drug 552b(c)(6)). During the closed sessions, AdvisoryCommittee/default.htm or by Evaluation and Research, Food and the Committee will discuss the research Drug Administration, 10903 New contacting the Designated Federal progress made by staff involved in the Hampshire Ave., Bldg. 31, Rm. 2417, Officer (see FOR FURTHER INFORMATION intramural research programs and make Silver Spring, MD 20993–0002; 301– CONTACT). In light of the fact that no recommendations regarding personnel 796–9001, email: AADPAC@ change has been made to the committee actions and staffing. fda.hhs.gov. name or description of duties, no Persons attending FDA’s advisory amendment will be made to 21 CFR SUPPLEMENTARY INFORMATION: committee meetings are advised that the Pursuant 14.100. Agency is not responsible for providing to 41 CFR 102–3.65 and approval by the access to electrical outlets. Department of Health and Human This document is issued under the FDA welcomes the attendance of the Services pursuant to 45 CFR part 11 and Federal Advisory Committee Act (5 public at its advisory committee by the General Services Administration, U.S.C. app.). For general information meetings and will make every effort to FDA is announcing the renewal of the related to FDA advisory committees, accommodate persons with disabilities. Committee. The Committee is a please check https://www.fda.gov/ If you require accommodations due to a discretionary Federal advisory AdvisoryCommittees/default.htm. disability, please contact Bryan Emery committee established to provide advice Dated: May 15, 2018. at least 7 days in advance of the to the Commissioner. Leslie Kux, meeting. The Committee advises the FDA is committed to the orderly Commissioner or designee in Associate Commissioner for Policy. conduct of its advisory committee discharging responsibilities as they [FR Doc. 2018–10731 Filed 5–18–18; 8:45 am] meetings. Please visit our website at relate to helping to ensure safe and BILLING CODE 4164–01–P

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DEPARTMENT OF HEALTH AND Written/Paper Submissions docket number, found in brackets in the HUMAN SERVICES Submit written/paper submissions as heading of this document, into the follows: ‘‘Search’’ box and follow the prompts Food and Drug Administration • Mail/Hand delivery/Courier (for and/or go to the Dockets Management written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, [Docket No. FDA–2009–D–0052] Management Staff (HFA–305), Food and Rockville, MD 20852. You may submit comments on any Drug Administration, 5630 Fishers guidance at any time (see 21 CFR Documenting Electronic Data Files and Lane, Rm. 1061, Rockville, MD 20852. Statistical Analysis Programs; Draft • For written/paper comments 10.115(g)(5)). Submit written requests for single Guidance for Industry; Availability submitted to the Dockets Management copies of the guidance to the Policy and Staff, FDA will post your comment, as AGENCY: Food and Drug Administration, Regulations Staff (HFV–6), Center for HHS. well as any attachments, except for Veterinary Medicine, Food and Drug information submitted, marked and ACTION: Notice of availability. Administration, 7500 Standish Pl., identified, as confidential, if submitted Rockville, MD 20855. Send one self- SUMMARY: The Food and Drug as detailed in ‘‘Instructions.’’ addressed adhesive label to assist that Administration (FDA or Agency) is Instructions: All submissions received office in processing your requests. See must include the Docket No. FDA– announcing the availability of a draft the SUPPLEMENTARY INFORMATION section revised guidance for industry (GFI) #197 2009–D–0052 for ‘‘Documenting for electronic access to the draft entitled ‘‘Documenting Electronic Data Electronic Data Files and Statistical guidance document. Analysis Programs.’’ Received Files and Statistical Analysis FOR FURTHER INFORMATION CONTACT: comments will be placed in the docket Programs.’’ This draft revised guidance Virginia Recta, Center for Veterinary and, except for those submitted as is provided to inform sponsors of Medicine (HFV–160), Food and Drug ‘‘Confidential Submissions,’’ publicly recommendations for documenting Administration, 7500 Standish Pl., viewable at https://www.regulations.gov electronic data files and statistical Rockville, MD 20855, 240–402–0840, or at the Dockets Management Staff analyses submitted to the Center for [email protected]. between 9 a.m. and 4 p.m., Monday Veterinary Medicine (CVM) to support SUPPLEMENTARY INFORMATION: new animal drug applications. through Friday. • Confidential Submissions—To I. Background DATES: Submit either electronic or submit a comment with confidential written comments on the draft revised FDA is announcing the availability of information that you do not wish to be a draft revised GFI #197 entitled guidance by July 20, 2018 to ensure that made publicly available, submit your the Agency considers your comment on ‘‘Documenting Electronic Data Files and comments only as a written/paper Statistical Analysis Programs.’’ This this draft guidance before it begins work submission. You should submit two on the final version of the guidance. draft revised guidance is provided to copies total. One copy will include the inform sponsors of recommendations for ADDRESSES: You may submit comments information you claim to be confidential documenting electronic data files and on any guidance at any time as follows: with a heading or cover note that states statistical analyses submitted to CVM to Electronic Submissions ‘‘THIS DOCUMENT CONTAINS support new animal drug applications. CONFIDENTIAL INFORMATION.’’ The These recommendations are intended to Submit electronic comments in the Agency will review this copy, including reduce the number of revisions that may following way: the claimed confidential information, in • be required for CVM to effectively Federal eRulemaking Portal: its consideration of comments. The review data submissions and to simplify https://www.regulations.gov. Follow the second copy, which will have the submission preparation by providing a instructions for submitting comments. claimed confidential information recommended documentation Comments submitted electronically, redacted/blacked out, will be available framework. including attachments, to https:// for public viewing and posted on www.regulations.gov will be posted to https://www.regulations.gov. Submit II. Significance of Guidance the docket unchanged. Because your both copies to the Dockets Management This level 1 draft revised guidance is comment will be made public, you are Staff. If you do not wish your name and being issued consistent with FDA’s good solely responsible for ensuring that your contact information to be made publicly guidance practices regulation (21 CFR comment does not include any available, you can provide this 10.115). The draft guidance, when confidential information that you or a information on the cover sheet and not finalized, will represent the current third party may not wish to be posted, in the body of your comments and you thinking of FDA on ‘‘Documenting such as medical information, your or must identify this information as Electronic Data Files and Statistical anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked Analysis Programs.’’ It does not confidential business information, such as ‘‘confidential’’ will not be disclosed establish any rights for any person and as a manufacturing process. Please note except in accordance with 21 CFR 10.20 is not binding on FDA or the public. that if you include your name, contact and other applicable disclosure law. For You can use an alternative approach if information, or other information that more information about FDA’s posting it satisfies the requirements of the identifies you in the body of your of comments to public dockets, see 80 applicable statutes and regulations. This comments, that information will be FR 56469, September 18, 2015, or access guidance is not subject to Executive posted on https://www.regulations.gov. the information at: https://www.gpo.gov/ Order 12866. • If you want to submit a comment fdsys/pkg/FR-2015-09-18/pdf/2015- with confidential information that you 23389.pdf. III. Paperwork Reduction Act of 1995 do not wish to be made available to the Docket: For access to the docket to This guidance refers to previously public, submit the comment as a read background documents or the approved collections of information written/paper submission and in the electronic and written/paper comments found in FDA regulations. These manner detailed (see ‘‘Written/Paper received, go to https:// collections of information are subject to Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the review by the Office of Management and

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Budget (OMB) under the Paperwork conviction and sentenced Holloway to Holloway was afforded an opportunity Reduction Act of 1995 (44 U.S.C. 3501– probation. The basis for the conviction to submit evidence and arguments in 3520). The collections of information in was Holloway’s involvement in opposition. ORA submitted its response 21 CFR part 514 have been approved Pharmacia’s introduction into interstate on August 30, 2013. Holloway, through under OMB control number 0910–0032. commerce of its drug BEXTRA, a pain counsel, replied to ORA’s response on reliever and anti-inflammatory, for the November 15, 2013. IV. Electronic Access unapproved use of treating pre- and Under § 12.26 (21 CFR 12.26), if FDA Persons with access to the internet postoperative surgical pain. Before it determines upon review of a request for may obtain the draft guidance at either was removed from the market several hearing that the order at issue should be https://www.fda.gov/AnimalVeterinary/ years later, BEXTRA was only approved modified or revoked, FDA may modify GuidanceComplianceEnforcement/ for treatment of arthritis and primary or revoke the order by notice in the GuidanceforIndustry/default.htm or dysmenorrhea. In September 2009, Federal Register. Based upon a review https://www.regulations.gov. Pharmacia pled guilty to a felony of the record, the Acting Chief Scientist Dated: May 15, 2018. violation of the FD&C Act for the concludes that it is appropriate under § 12.26, in this instance, to revoke the Leslie Kux, promotion of BEXTRA and other drugs for unapproved uses. proposed order to debar Holloway for 5 Associate Commissioner for Policy. By letter dated January 20, 2010, years. [FR Doc. 2018–10722 Filed 5–18–18; 8:45 am] FDA’s Office of Regulatory Affairs II. Arguments BILLING CODE 4164–01–P (ORA) notified Holloway of a proposal to debar her for 5 years from providing In the proposal to debar Holloway for services in any capacity to a person 5 years, ORA noted that there are four DEPARTMENT OF HEALTH AND having an approved or pending drug applicable considerations for HUMAN SERVICES product application. The proposal determining the appropriateness and stated that Holloway is subject to period of Holloway’s debarment under Food and Drug Administration permissive debarment based on a section 306(c)(3) of the FD&C Act: (1) [Docket No. FDA–2009–N–0361] finding, under section 306(b)(2)(B)(i) of The nature and seriousness of her the FD&C Act (21 U.S.C. offense under section 306(c)(3)(A); (2) Mary C. Holloway; Order Revoking a 335a(b)(2)(B)(i)), that she was convicted the nature and extent of management Proposed Order of Debarment of a misdemeanor under Federal law for participation in the offense under section 306(c)(3)(B); (3) the nature and AGENCY: Food and Drug Administration, conduct relating to the regulation of a extent of voluntary steps taken to HHS. drug product and that the type of conduct serving as the basis for the mitigate the impact on the public under ACTION: Notice. conviction undermines the process for section 306(c)(3)(C); and (4) prior convictions involving matters within SUMMARY: The Food and Drug the regulation of drugs. The proposal Administration (FDA) is revoking a further concluded that Holloway should the jurisdiction of FDA under section proposed order, under the Federal Food, be debarred for the maximum period of 306(c)(3)(F). ORA found that the first Drug, and Cosmetic Act (FD&C Act), to 5 years under section 306(c)(2)(A)(iii) of three of those considerations weigh in favor of debarment and noted, as to the debar Mary C. Holloway (Holloway) for the FD&C Act based on four applicable fourth consideration, that FDA is 5 years from providing services in any considerations in section 306(c)(3). unaware of any prior convictions. In capacity to a person that has an In a letter dated February 18, 2010, finding that the each of the first three approved or pending drug product through counsel, Holloway requested a considerations weighs in favor of application. Holloway, through counsel, hearing on the proposal. On March 24, debarment, ORA appears to have filed a request for a hearing, as well as 2010, Holloway submitted materials and characterized Holloway’s conduct based information and analysis in support of arguments in support of her request. In on contested allegations from that request, in response to the proposed her submissions, Holloway Holloway’s criminal proceedings. debarment order. FDA has determined acknowledged her conviction of a misdemeanor under Federal law. Holloway challenged both ORA’s that pursuing debarment of Holloway is conclusions with respect to all three no longer appropriate. Holloway conceded that she is subject to debarment as a result of this considerations in dispute and the DATES: This order is applicable May 21, conviction, but she argues nonetheless factual underpinnings of those 2018. that she is entitled to a hearing to conclusions. Holloway contended that, FOR FURTHER INFORMATION CONTACT: determine whether permissive under section 306(i) of the FD&C Act, Nathan Sabel, Office of Scientific debarment is appropriate. Specifically, FDA may not take any action under Integrity, Food and Drug Holloway argued that, with respect to sections 306(b) or section 306(c) with Administration, 10903 New Hampshire the considerations for determining the respect to any person ‘‘unless [FDA] has Ave., Bldg. 1, Rm. 4206, Silver Spring, appropriateness and period of issued an order for such action made on MD 20993, 301–796–8588. debarment under section 306(c)(3) of the the record after opportunity for an SUPPLEMENTARY INFORMATION: FD&C Act, there are genuine and agency hearing on disputed issues of substantial issues of fact for resolution material fact.’’ Section 306(c)(3) I. Background at a hearing. explicitly requires that FDA consider, On April 8, 2009, Holloway, formerly By letter dated April 3, 2013, the ‘‘where applicable,’’ certain factors ‘‘[i]n a regional sales manager at Pharmacia & Office of the Commissioner, in order to determining the appropriateness and the Upjohn Company, Inc. (Pharmacia), determine whether granting a hearing period of debarment’’ for any permissive pled guilty to a Federal misdemeanor would be appropriate, requested that debarment. offense under sections 301(a), 303(a)(1), ORA submit a response to Holloway’s In proposing to debar Holloway for 5 and 502(f) of the FD&C Act (21 U.S.C. request for a hearing. ORA was invited years, ORA appears to have based its 331(a), 333(a)(1), and 352(f)). In June to include any documentary evidence, findings with respect to certain 2009, the U. S. District Court for the information, or analysis that it deemed considerations in section 306(c)(3) of District of Massachusetts entered the appropriate in support of its response. the FD&C Act largely on the factual

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allegations in the criminal information certain of the applicable debarment DEPARTMENT OF HEALTH AND to which Holloway pled guilty under considerations in section 306(c)(3) of HUMAN SERVICES her plea agreement. As Holloway the FD&C Act. Because few factual argues, however, the records of her findings relating to Holloway’s specific Health Resources and Services criminal proceedings reflect that she did conduct and actions between December Administration not admit to any of the specific factual 2001 and April 2005 underlying her Recruitment of Sites for Assignment of allegations in the information during the 2009 conviction were generated during plea colloquy conducted by the court. In National Health Service Corps the criminal proceedings, a hearing to Scholarship Program Participants fact, her attorney during the criminal establish ORA’s proposed findings proceedings explicitly stated, ‘‘[The would require a substantial devotion of AGENCY: Health Resources and Services information] contains many allegations the Agency’s limited resources to this Administration (HRSA), Department of that Ms. Holloway disputes.’’ After the individual debarment proceeding. Health and Human Services (HHS). prosecution summarized the evidence ACTION: Notice. that it planned to introduce at trial, The Acting Chief Scientist has which closely mirrored the allegations weighed the Agency’s limited resources SUMMARY: This notice announces that in the information, the court accepted against the factors that weigh in favor of the listing of entities that will receive Holloway’s guilty plea on the basis of proceeding to evaluate ORA’s proposed priority for assignments of National the following exchange: debarment order at an evidentiary Health Service Corps (NHSC) THE COURT: Okay. I gather that some of hearing. Chief among these Scholarship recipients (NHSC scholars) the facts are in dispute; is that correct? countervailing considerations are the was posted on the Health Workforce THE DEFENDANT: Correct. nature and seriousness of the offense Connector website (formerly known as THE COURT: Do you want to make a articulated by ORA and the Agency’s the NHSC Jobs Center) at https:// statement or, counsel, do you want to make interest in effectuating the remedial connector.hrsa.gov/. The Health a statement? purpose of the statute in furtherance of Workforce Connector includes sites * * * * * the public health. The Acting Chief approved to receive an assignment of [DEFENSE COUNSEL]: Ms. Holloway is, Scientist has accorded significant NHSC scholars who are available for she is prepared to admit that she promoted weight to those countervailing service during the period of October 1, BEXTRA for off label usage, and she 2018, through September 30, 2019, as understands that that constitutes the considerations but, in reaching a decision in this matter, has balanced well as the site’s Health Professional introduction of BEXTRA into interstate Shortage Area (HPSA) scores. Please commerce with inadequate directions for use. those considerations against the note that entities on this list may or may THE COURT: All right. Ms. Holloway, do extraordinary resources necessary to not have current job vacancies. you agree, do you accept your counsel’s conduct an evidentiary hearing on the DATES: Entities interested in providing representation as to the facts that you accept factual underpinnings for ORA’s to be true? additional data and information in proposed findings as to the THE DEFENDANT: Yes, ma’am. support of their inclusion on the considerations in section 306(c)(3) of In her request for a hearing and proposed listing, or in support of a the FD&C Act, when there were few higher priority determination, must do subsequent submissions (March 24, specific facts established as part of the 2010, and November 15, 2013), so in writing no later than June 20, criminal proceeding. Holloway argued that her lack of 2018. admission to any specific facts during After a careful evaluation of the ADDRESSES: Entities wishing to submit her criminal proceedings calls into arguments and information provided by information to support an entity’s question ORA’s findings with respect to both ORA and Holloway as they relate inclusion on the list or to request a certain considerations under section to the nature and breadth of the factual higher priority determination should 306(c)(3). In addition, with regard to disputes at issue here, and after a submit it to Beth Dillon, Director, certain ORA allegations in the proposed consideration of the resources necessary Division of Regional Operations, Bureau order to debar Holloway (January 20, to proceed under this unusual set of of Health Workforce, 1961 Stout Street, 2010), and in support of facts weighing circumstances, the Acting Chief Denver, CO 80294. HRSA will consider against debarment, Holloway has Scientist has determined that the this information when preparing the presented particularized challenges revocation of the proposed order to final list of entities that receive priority supported by explanations or debar Holloway is appropriate in this for the assignment of NHSC scholars. documentary evidence. instance. SUPPLEMENTARY INFORMATION: The After a review of the record, the program is not subject to the provisions Acting Chief Scientist concludes that, III. Order of Executive Order 12372, given the exceptional circumstances of Intergovernmental Review of Federal this matter, it appears that it would Upon review of the request for hearing, evidence, and arguments, the Programs (as implemented through 45 likely be necessary to grant the pending CFR part 100). request for a hearing. Such a hearing Acting Chief Scientist revokes the would require a broad scope to address January 20, 2010, proposed order to Evaluation and Selection Process any genuine and substantial issues of debar Holloway and provides this notice In approving applications for the fact that are material to weighing the of revocation in the Federal Register as assignment of NHSC scholars, the HHS applicable considerations under section required by § 12.26. Secretary shall give priority to any such 306(c)(3) of the FD&C Act. As a result Dated: May 14, 2018. application that is made for a position of this extraordinary posture, the scope Denise Hinton, in a HPSA with the greatest shortage. of the disputed facts in this matter HPSAs of greatest shortage are defined Acting Chief Scientist. includes many of the facts that a prior by its HPSA scores. criminal proceeding would typically [FR Doc. 2018–10685 Filed 5–18–18; 8:45 am] For the program year October 1, 2018, have established, as well as those BILLING CODE 4164–01–P through September 30, 2019, priority for additional facts in dispute that relate to assignment of NHSC scholars will be

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determined as follows: (1) Primary New entities may be added to the Health Institutes of Health, email: medical care HPSAs with scores of 18 Workforce Connector during a Site [email protected], 5601 Fishers and above are authorized for the Application competition. Likewise, Lane Rockville, Maryland 20852. assignment of NHSC scholars who are entities that no longer meet eligibility SUPPLEMENTARY INFORMATION: To primary care physicians, primary care criteria, including those sites whose 3- respond this RFI, go to the following nurse practitioners, primary care year approval as an NHSC service site web address: http://grants.nih.gov/ physician assistants, or certified nurse has lapsed or whose HPSA designation grants/rfi/rfi.cfm?ID=76. midwives; (2) mental health HPSAs has been withdrawn or whose As legislatively mandated, OAR plans with scores of 18 and above are withdrawal is being processed, will be and coordinates research through the authorized for the assignment of NHSC removed from the priority listing. development of an annual Trans-NIH scholars who are psychiatrists, mental Dated: May 15, 2018. Strategic Plan for HIV and HIV-Related health nurse practitioners, or mental George Sigounas, Research that articulates the overarching health physician assistants; and (3) Administrator. HIV research priorities and serves as the dental HPSAs with scores of 18 and framework for developing the trans-NIH [FR Doc. 2018–10699 Filed 5–18–18; 8:45 am] above are authorized for the assignment HIV research budget. OAR oversees and BILLING CODE 4165–15–P of NHSC scholars who are dentists. The coordinates the conduct and support of NHSC has determined that a minimum all HIV research activities across the HPSA score of 18 for all service-ready NIH Institutes and Centers (ICs). The NHSC scholars will enable it to meet its DEPARTMENT OF HEALTH AND HUMAN SERVICES NIH-sponsored HIV research programs statutory obligation to identify a number include both extramural and intramural of entities eligible for NHSC scholar National Institutes of Health research, buildings and facilities, placement that is at least equal to, but research training, program evaluation, not greater than, twice the number of Request for Information for the and supports a comprehensive portfolio NHSC scholars available to serve in the Development of the Fiscal Year 2021– of research representing a broad range of 2018–2019 placement cycle. 2023 Trans-NIH Strategic Plan for HIV basic, clinical, behavioral, social Beginning on April 1, 2019, and on or and HIV-Related Research sciences, and translational research on about April 1 of each subsequent year, HIV and its associated coinfections and HRSA will publish on its website AGENCY: National Institutes of Health, comorbidities. https://connector.hrsa.gov/, the HPSA HHS. The Plan provides information about scores used to determine priority for ACTION: Notice. assignment of NHSC scholars for the NIH’s HIV research priorities to the scientific community, Congress, placement cycles after September 30, SUMMARY: Through this Request for 2019, and entities that would receive Information (RFI), the Office of AIDS community stakeholders, HIV-affected priority for the placement of NHSC Research (OAR) in the Division of communities, and the broad public at scholars. Entities wishing to provide Program Coordination, Planning, and large. The fiscal year 2018 Trans-NIH additional data and information to Strategic Initiatives (DPCPSI), National Plan for HIV-Related Research was support their inclusion on the proposed Institutes of Health (NIH), invites recently distributed on the OAR website: (https://www.oar.nih.gov/ list of entities receiving priority in feedback from investigators in _ _ assignment of NHSC scholars, or to academia, industry, health care strategic plan/plan 18.asp). support a higher priority determination, professionals, patient advocates and The current overarching priorities for must do so in writing no later than May health advocacy organizations, scientific HIV/AIDS research are defined in the 1, 2019, or within 30 days following the or professional organizations, federal NIH Director’s Statement of August 12, publication of a revised list in agencies, community, and other 2015, and Guide Notice NOT–OD–15– subsequent years. interested constituents on the 137 (https://grants.nih.gov/grants/ Sites wishing to request an additional development of the fiscal year (FY) guide/notice-files/NOT-OD-15- scholar must complete an Additional 2021–2023 Trans-NIH Strategic Plan for 137.html). Scholar Request form available at http:// HIV and HIV-Related Research (the High Priority topics of research for nhsc.hrsa.gov/downloads/additional Plan). The Plan is designed to identify support include: requestform.pdf. NHSC-approved sites and articulate future directions to (1) Reducing the incidence of HIV/ that do not meet the authorized maximize the NIH’s investments in HIV AIDS; threshold HPSA may post job openings research. (2) Developing the next generation of on the Health Workforce Connector; HIV therapies; DATES: The OAR’s Request for (3) Identifying strategies towards a however, scholars seeking placement Information is open for public comment will be advised that they can only cure; for a period of 30 days. Comments must (4) Improving the prevention and compete for positions at sites that meet be received by June 20, 2018 to ensure the threshold that is in effect at the time treatment of HIV-associated consideration. After the public comment comorbidities, coinfections, and they seek to be placed at an NHSC- period has closed, the comments approved site. Although vacancies in complications; and received by OAR will be considered in (5) Cross-cutting areas that includes HPSAs that have scores less than the a timely manner for the development of authorized threshold are not eligible for basic research, behavioral and social the FY 2021–2023 Trans-NIH Strategic sciences research, health disparities, scholar placements, such vacancies will Plan for HIV and HIV-related Research. be used by the NHSC when evaluating trainings, capacity-building, and the HPSA threshold score for the next ADDRESSES: Submissions may be infrastructure. annual scholarship placement cycle. electronically entered at https:// This RFI is for planning purposes grants.nih.gov/grants/rfi/rfi.cfm?ID=76. only and should not be construed as a Application Requests FOR FURTHER INFORMATION CONTACT: solicitation for applications or The list of HPSAs and entities eligible Questions about this request for proposals, or as an obligation in any to receive priority for the placement of information should be directed to the way on the part of the United States NHSC scholars is updated periodically. Office of AIDS Research, National Federal Government. The Federal

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Government will not pay for the Review Group; Macromolecular Structure Scientific Review, National Institutes of preparation of any information and Function D Study Section. Health, 6701 Rockledge Drive, Room 4168, submitted or for the government’s use. Date: June 13, 2018. MSC 7806, Bethesda, MD 20892, (301) 435– Additionally, the government cannot Time: 9:00 a.m. to 8:00 p.m. 1726, [email protected]. Agenda: To review and evaluate grant Name of Committee: Center for Scientific guarantee the confidentiality of the applications. information provided. Review Special Emphasis Panel; Auditory Place: The Allerton Hotel, 701 North Science. Dated: May 14, 2018. Michigan Avenue, Chicago, IL 60611. Date: June 14, 2018. Lawrence A. Tabak, Contact Person: James W. Mack, Ph.D., Time: 8:00 a.m. to 6:00 p.m. Scientific Review Officer, Center for Deputy Director, National Institutes of Health. Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. [FR Doc. 2018–10784 Filed 5–18–18; 8:45 am] Health, 6701 Rockledge Drive, Room 4154, Place: Washington Marriott Georgetown, BILLING CODE 4140–01–P MSC 7806, Bethesda, MD 20892, (301) 435– 1221 22nd Street NW, Washington, DC 2037, [email protected]. 20037. Name of Committee: Center for Scientific Contact Person: Jana Drgonova, Ph.D., DEPARTMENT OF HEALTH AND Review Special Emphasis Panel; Rodent Scientific Review Officer, Center for HUMAN SERVICES Testing Centers for Development of Reporter Scientific Review, National Institutes of Systems and Evaluation of Somatic Cell Health, 6701 Rockledge Drive, Room 5213, National Institutes of Health Genome Editing Tools (U42). Bethesda, MD 20892, 301–827–2549, Date: June 13, 2018. [email protected]. Center for Scientific Review; Notice of Time: 10:30 a.m. to 11:00 p.m. Name of Committee: Healthcare Delivery Closed Meetings Agenda: To review and evaluate grant and Methodologies Integrated Review Group; applications. Biostatistical Methods and Research Design Pursuant to section 10(d) of the Place: National Institutes of Health, 6701 Study Section. Federal Advisory Committee Act, as Rockledge Drive, Bethesda, MD 20892 Date: June 14–15, 2018. amended, notice is hereby given of the (Virtual Meeting). Time: 8:00 a.m. to 6:00 p.m. following meetings. Contact Person: Alok Mulky, Ph.D., Agenda: To review and evaluate grant The meetings will be closed to the Scientific Review Officer, Center for applications. Scientific Review, National Institutes of Place: Embassy Suites by Hilton Chicago public in accordance with the Health, 6701 Rockledge Drive, Room 4203, Downtown, 600 North State Street, Chicago, provisions set forth in sections Bethesda, MD 20892, (301) 435–3566, IL 60654. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [email protected]. Contact Person: Peter J. Kozel, Ph.D., as amended. The grant applications and Name of Committee: Center for Scientific Scientific Review Officer, Center for the discussions could disclose Review Special Emphasis Panel; Academic Scientific Review, National Institutes of confidential trade secrets or commercial Research Enhancement Award. Health, 6701 Rockledge Drive, Room 3139, property such as patentable material, Date: June 13, 2018. Bethesda, MD 20892, 301–435–1116, kozelp@ and personal information concerning Time: 1:00 p.m. to 4:00 p.m. mail.nih.gov. individuals associated with the grant Agenda: To review and evaluate grant Name of Committee: Center for Scientific applications, the disclosure of which applications. Review Special Emphasis Panel; Member would constitute a clearly unwarranted Place: National Institutes of Health, 6701 Conflict: Respiratory Sciences. Rockledge Drive, Bethesda, MD 20892 Date: June 14–15, 2018. invasion of personal privacy. (Virtual Meeting). Time: 9:00 a.m. to 5:00 p.m. Name of Committee: Center for Scientific Contact Person: Reigh-Yi Lin, Ph.D., Agenda: To review and evaluate grant Review Special Emphasis Panel; PAR Panel: Scientific Review Officer, Center for applications. Neural Regulation of Cancer. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Date: June 7, 2018. Health, 6701 Rockledge Drive, Bethesda, MD Rockledge Drive, Bethesda, MD 20892 Time: 2:00 p.m. to 5:00 p.m. 20892, 301–827–6009, [email protected]. (Virtual Meeting). Agenda: To review and evaluate grant Name of Committee: Immunology Contact Person: Ghenima Dirami, Ph.D., applications. Integrated Review Group; Transplantation, Scientific Review Officer, Center for Place: National Institutes of Health, 6701 Tolerance, and Tumor Immunology Study Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Section. Health, 6701 Rockledge Drive, Room 4122, (Telephone Conference Call). Date: June 14–15, 2018. MSC 7814, Bethesda, MD 20892, 240–498– Contact Person: Manzoor Zarger, Ph.D., Time: 8:00 a.m. to 5:00 p.m. 7546, [email protected]. Scientific Review Officer, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel; Par Panel: Health, 6701 Rockledge Drive, Room 6208, Place: Washington Plaza Hotel, 10 Thomas Academic-Industrial Partnerships Research MSC 7804, Bethesda, MD 20892, (301) 435– Circle NW, Washington, DC 20005. for Cancer Diagnosis and Treatment. 2477, [email protected]. Contact Person: Jin Huang, Ph.D., Date: June 15, 2018. Name of Committee: Center for Scientific Scientific Review Officer, Center for Time: 8:30 a.m. to 5:00 p.m. Review Special Emphasis Panel; Program Scientific Review, National Institutes of Agenda: To review and evaluate grant Projects: Drug Abuse. Health, 6701 Rockledge Drive, Room 4199, applications. Date: June 8, 2018. MSC 7812, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Time: 11:00 a.m. to 2:00 p.m. 1230, [email protected]. Rockledge Drive, Bethesda, MD 20892. Agenda: To review and evaluate grant Name of Committee: Biological Chemistry Contact Person: Guo Feng Xu, Ph.D., applications. and Macromolecular Biophysics Integrated Scientific Review Officer, Center for Place: Sheraton Seattle Hotel, 1400 6th Review Group; Macromolecular Structure Scientific Review, National Institutes of Avenue, Seattle, WA 98101. and Function C Study Section. Health, 6701 Rockledge Drive, Room 5122, Contact Person: Jasenka Borzan, Ph.D., Date: June 14, 2018. MSC 7854, Bethesda, MD 20892, 301–237– Scientific Review Officer, Center for Time: 8:00 a.m. to 7:00 p.m. 9870, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Health, 6701 Rockledge Drive Room 4214, applications. Program Nos. 93.306, Comparative Medicine; Bethesda, MD 20892–7814, 301–435–1787, Place: The Allerton Hotel, 701 North 93.333, Clinical Research, 93.306, 93.333, [email protected]. Michigan Avenue, Chicago, IL 60611. 93.337, 93.393–93.396, 93.837–93.844, Name of Committee: Biological Chemistry Contact Person: William A. Greenberg, 93.846–93.878, 93.892, 93.893, National and Macromolecular Biophysics Integrated Ph.D., Scientific Review Officer, Center for Institutes of Health, HHS)

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Dated: May 15, 2018. Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Sylvia L. Neal, applications. Program No. 93.242, Mental Health Research Program Analyst, Office of Federal Advisory Place: National Cancer Institute, Shady Grants, National Institutes of Health, HHS) Committee Policy. Grove, 9609 Medical Center Drive, Room Dated: May 15, 2018. 7W624, Rockville, MD 20850 (Telephone [FR Doc. 2018–10676 Filed 5–18–18; 8:45 am] Conference Call). David D. Clary, BILLING CODE 4140–01–P Contact Person: Tushar Deb, Ph.D., Program Analyst, Office of Federal Advisory Scientific Review Officer, Research Committee Policy. Technology and Contract Review Branch, [FR Doc. 2018–10682 Filed 5–18–18; 8:45 am] DEPARTMENT OF HEALTH AND Division of Extramural Activities, National BILLING CODE 4140–01–P HUMAN SERVICES Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W624, Bethesda, MD 20892– National Institutes of Health 9750, 240–276–6132, [email protected]. DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance HUMAN SERVICES National Cancer Institute; Notice of Program Nos. 93.392, Cancer Construction; Closed Meetings 93.393, Cancer Cause and Prevention National Institutes of Health Research; 93.394, Cancer Detection and Pursuant to section 10(d) of the Diagnosis Research; 93.395, Cancer Federal Advisory Committee Act, as National Heart, Lung, and Blood Treatment Research; 93.396, Cancer Biology Institute; Notice of Closed Meetings amended, notice is hereby given of the Research; 93.397, Cancer Centers Support; following meetings. 93.398, Cancer Research Manpower; 93.399, Pursuant to section 10(d) of the The meetings will be closed to the Cancer Control, National Institutes of Health, Federal Advisory Committee Act, as public in accordance with the HHS) amended, notice is hereby given of the provisions set forth in sections Dated: May 15, 2018. following meetings of the NHLBI 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., David D. Clary, Special Emphasis Panel. as amended. The grant applications and Program Analyst, Office of Federal Advisory The meetings will be closed to the the discussions could disclose Committee Policy. public in accordance with the confidential trade secrets or commercial [FR Doc. 2018–10678 Filed 5–18–18; 8:45 am] provisions set forth in sections property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–P and personal information concerning as amended. The grant applications and individuals associated with grant the discussions could disclose applications, the disclosure of which DEPARTMENT OF HEALTH AND confidential trade secrets or commercial would constitute a clearly unwarranted HUMAN SERVICES property such as patentable material, invasion of personal privacy. and personal information concerning Name of Committee: National Cancer National Institutes of Health individuals associated with the grant Institute Special Emphasis Panel; Innovative applications, the disclosure of which Molecular and Cellular Analysis National Institute of Mental Health; would constitute a clearly unwarranted Technologies (IMAT). Notice of Closed Meeting invasion of personal privacy. Date: June 15, 2018. Time: 8:00 a.m. to 6:00 p.m. Pursuant to section 10(d) of the Name of Committee: National Heart, Lung, Agenda: To review and evaluate grant Federal Advisory Committee Act, as and Blood Institute Special Emphasis Panel; application. amended, notice is hereby given of the NHLBI Short-Term Experience in Research. Place: Bethesda North Marriott Hotel & following meeting. Date: June 13, 2018. Conference Center, 5701 Marinelli Road, Time: 11:00 a.m. to 1:00 p.m. The meeting will be closed to the Agenda: To review and evaluate grant North Bethesda, MD 20852. public in accordance with the Contact Person: Yasuko Furumoto, Ph.D., applications. Scientific Review Officer, Research provisions set forth in sections Place: National Institutes of Health, 6701 Technology and Contract Review Branch, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Rockledge Drive, Bethesda, MD 20892 Division of Extramural Activities, National as amended. The grant applications and (Telephone Conference Call). Cancer Institute, NIH, 9609 Medical Center the discussions could disclose Contact Person: Lindsay M Garvin, Ph.D., Drive, Room 7W634, Bethesda, MD 20892– confidential trade secrets or commercial Scientific Review Officer, Office of Scientific 9750, 240–276–5287, yasuko.furumoto@ property such as patentable material, Review/DERA, National Heart, Lung, and nih.gov. and personal information concerning Blood Institute National Institutes of Health, 6701 Rockledge Drive, Suite 7189, Bethesda, Name of Committee: National Cancer individuals associated with the grant Institute Special Emphasis Panel; NCI UG1 MD 20892, 301–827–7911, lindsay.garvin@ applications, the disclosure of which nih.gov. Review. would constitute a clearly unwarranted Date: June 19–20, 2018. Name of Committee: National Heart, Lung, Time: 5:30 p.m. to 5:00 p.m. invasion of personal privacy. and Blood Institute Special Emphasis Panel; Agenda: To review and evaluate grant Name of Committee: National Institute of NHLBI Single-Site CLTR Review. applications. Mental Health Initial Review Group; Mental Date: June 14, 2018. Place: Bethesda Marriott, 5151 Pooks Hill Health Services Research Committee. Time: Time: 8:00 a.m. to 3:00 p.m. Road, Bethesda, MD 20814. Date: June 12, 2018. Agenda: To review and evaluate grant Contact Person: Wlodek Lopaczynski, MD, Time: 8:00 a.m. to 5:00 p.m. applications. Ph.D., Scientific Review Officer, Office of the Agenda: To review and evaluate grant Place: Courtyard Chevy Chase by Marriott, Director, Division of Extramural Activities, applications. 5520 Wisconsin Avenue, Chevy Chase, MD National Cancer Institute, NIH, 9609 Medical Place: One Washington Circle Hotel, One 20815. Center Drive, Room 7W514, Bethesda, MD Washington Circle, Washington, DC 20037. Contact Person: Chang Sook Kim, Ph.D., 20892–9750, 240–276–6340, lopacw@ Contact Person: Aileen Schulte, Ph.D., Scientific Review Officer, Office of Scientific mail.nih.gov. Scientific Review Officer, Division of Review/DERA, National Heart, Lung, and Name of Committee: National Cancer Extramural Activities, National Institute of Blood Institute, 6701 Rockledge Drive, Room Institute Special Emphasis Panel; NCI U01 Mental Health, NIH, Neuroscience Center, 7188, Bethesda, MD 20892–7924, 301–827– Review. 6001 Executive Blvd., Room 6136, MSC 9606, 7940, [email protected]. Date: June 28, 2018. Bethesda, MD 20852, 301–443–1225, (Catalogue of Federal Domestic Assistance Time: 12:00 p.m. to 4:30 p.m. [email protected]. Program Nos. 93.233, National Center for

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Sleep Disorders Research; 93.837, Heart and Center, Room 3W302, Bethesda, MD 20892– Agenda: To review and evaluate grant Vascular Diseases Research; 93.838, Lung 9750, 240–276–5664, tondravim@ applications. Diseases Research; 93.839, Blood Diseases mail.nih.gov. Place: Bethesda North Marriott Hotel & and Resources Research, National Institutes (Catalogue of Federal Domestic Assistance Conference Center, 5701 Marinelli Road, of Health, HHS) Program Nos. 93.392, Cancer Construction; Bethesda, MD 20852. Contact Person: Dennis E. Leszczynski, Dated: May 15, 2018. 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Ph.D., Scientific Review Administrator, Michelle D. Trout, Diagnosis Research; 93.395, Cancer Division of Scientific Review, National Program Analyst, Office of Federal Advisory Treatment Research; 93.396, Cancer Biology Institute of Child Health and Human Committee Policy. Research; 93.397, Cancer Centers Support; Development, NIH, 6100 Exeuctive Blvd., [FR Doc. 2018–10680 Filed 5–18–18; 8:45 am] 93.398, Cancer Research Manpower; 93.399, Rm. 5B01 Bethesda, MD 20892, (301) 435– BILLING CODE 4140–01–P Cancer Control, National Institutes of Health, 6884, [email protected]. HHS) Name of Committee: National Institute of Child Health and Human Development Initial Dated: May 15, 2018. Review Group; Obstetrics and Maternal-Fetal DEPARTMENT OF HEALTH AND David D. Clary, HUMAN SERVICES Biology Subcommittee. Program Analyst, Office of Federal Advisory Date: June 22, 2018. Committee Policy. National Institutes of Health Time: 8:00 a.m. to 5:00 p.m. [FR Doc. 2018–10677 Filed 5–18–18; 8:45 am] Agenda: To review and evaluate grant applications. National Cancer Institute; Notice of BILLING CODE 4140–01–P Place: Residence Inn Bethesda, 7335 Closed Meetings Wisconsin Avenue, Bethesda, MD 20814. Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Contact Person: Peter Zelazowski, Ph.D., Federal Advisory Committee Act, as Scientific Review Officer, National Institutes HUMAN SERVICES of Health, NICHD, SRB, 6710B Rockledge amended, notice is hereby given of the Drive, Bethesda, MD 20892, 301–435–6902, following meetings. National Institutes of Health [email protected]. The meetings will be closed to the Eunice Kennedy Shriver National Name of Committee: National Institute of public as indicated below in accordance Child Health and Human Development Initial with the provisions set forth in section Institute of Child Health & Human Review Group; Health, Behavior, and Context 552b(c)(6), Title 5 U.S.C., as amended Development; Notice of Closed Subcommittee. for the review, discussion, and Meetings Date: June 25, 2018. evaluation of individual intramural Time: 8:00 a.m. to 5:00 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate grant programs and projects conducted by the Federal Advisory Committee Act, as National Cancer Institute, including applications. amended, notice is hereby given of the Place: Residence Inn Bethesda, 7335 consideration of personnel following meetings. Wisconsin Avenue, Bethesda, MD 20814. qualifications and performance, and the The meetings will be closed to the Contact Person: Kimberly L. Houston, MD, competence of individual investigators, public in accordance with the Scientific Review Officer, Eunice Kennedy the disclosure of which would provisions set forth in sections Shriver National Institute of Children Health constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and Human Development, 6701B Rockledge invasion of personal privacy. as amended. The grant applications and Drive, Room 2127B, Bethesda, MD 20892, 301–827–4902, [email protected]. Name of Committee: Board of Scientific the discussions could disclose Counselors for Clinical Sciences and confidential trade secrets or commercial Name of Committee: National Institute of Child Health and Human Development Epidemiology National Cancer Institute. property such as patentable material, Date: July 9, 2018. Special Emphasis Panel; Reproductive and personal information concerning Scientist Development Program (RSDP). Time: 8:30 a.m. to 4:30 p.m. individuals associated with the grant Agenda: To review and evaluate personal Date: June 29, 2018. qualifications and performance, and applications, the disclosure of which Time: 3:00 p.m. to 4:00 p.m. competence of individual investigators. would constitute a clearly unwarranted Agenda: To review and evaluate grant Place: National Institutes of Health, 31 invasion of personal privacy. applications. Place: Bethesda North Marriott Hotel & Center Drive, Building 31, Wing C; 6th Floor, Name of Committee: National Institute of Conference Center, 5701 Marinelli Road, Conference Room 6, Bethesda, MD 20892. Child Health and Human Development Initial Bethesda, MD 20852. Contact Person: Brian E. Wojcik, Ph.D., Review Group; Reproduction, Andrology, Contact Person: Dennis E. Leszczynski, Senior Review Administrator, Institute and Gynecology Subcommittee. Ph.D., Scientific Review Administratorl Review Office, Office of the Director, Date: June 23, 2017. Division of Scientific Review, National National Cancer Institute, National Institutes Time: 8:00 a.m. to 5:00 p.m. Institute of Child Health and Human of Health, 9609 Medical Center, Room Agenda: To review and evaluate grant Development, NIH, 6100 Exeuctive Blvd., 3W414, Bethesda, MD 20892–9750, 240–276– applications. Rm. 5B01, Bethesda, MD 20892, (301) 435– 5664, [email protected]. Place: Residence Inn Bethesda, 7335 6884, [email protected]. Name of Committee: Board of Scientific Wisconsin Avenue, Bethesda, MD 20814. Counselors for Basic Sciences National Contact Person: Dennis E. Leszczynski, (Catalogue of Federal Domestic Assistance Cancer Institute. Ph.D., Scientific Review Administrator, Program Nos. 93.864, Population Research; Date: July 10, 2018. Division of Scientific Review, National 93.865, Research for Mothers and Children; Time: 9:00 a.m. to 1:00 p.m. Institute of Child Health and Human 93.929, Center for Medical Rehabilitation Agenda: To review and evaluate personal Development, NIH, 6100 Executive Research; 93.209, Contraception and qualifications and performance, and Boulevard, Room 5B01, Bethesda, MD 20892, Infertility Loan Repayment Program, National competence of individual investigators. (301) 435–2717, [email protected]. Institutes of Health, HHS) Place: National Institutes of Health, 31 Name of Committee: National Institute of Dated: May 15, 2018. Center Drive, Building 31, Wing C; 6th Floor, Child Health and Human Development Michelle D. Trout, Conference Room 6, Bethesda, MD 20892. Special Emphasis Panel; The Role of Stem/ Program Analyst, Office of Federal Advisory Contact Person: Mehrdad M. Tondravi, Progenitor Cells in the Pathogenesis and Committee Policy. Ph.D., Chief, Institute Review Office, Office Treatment of Gynecologic Disorders. of the Director, National Cancer Institute, Date: June 18, 2018. [FR Doc. 2018–10681 Filed 5–18–18; 8:45 am] National Institutes of Health, 9609 Medical Time: 8:00 a.m. to 12:00 p.m. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Dated: May 15, 2018. (SAMHSA) Center for Substance Abuse HUMAN SERVICES Michelle D. Trout, Prevention (CSAP) aims to monitor Program Analyst, Office of Federal Advisory several substance abuse prevention National Institutes of Health Committee Policy. programs through the DSP–MRT, which [FR Doc. 2018–10679 Filed 5–18–18; 8:45 am] reports data using the Strategic National Heart, Lung, and Blood BILLING CODE 4140–01–P Prevention Framework (SPF). Programs Institute; Notice of Meeting monitored through the DSP–MRT Pursuant to section 10(d) of the include: SPF-Partnerships for Success, Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND SPF- Prescription Drugs, Prescription HUMAN SERVICES amended, notice is hereby given of a Drug Overdose, and First Responder- meeting of the Board of Scientific Comprehensive Addiction and Recovery Substance Abuse and Mental Health Act. This request for data collection Counselors, NHLBI. Services Administration The meeting will be closed to the includes a revision from a previously public as indicated below in accordance Agency Information Collection approved OMB instrument. with the provisions set forth in section Activities: Proposed Collection; Monitoring data using the SPF model 552b(c)(6), Title 5 U.S.C., as amended Comment Request will allow SAMHSA’s project officers to for the review, discussion, and systematically collect data to monitor evaluation of individual intramural In compliance with Section their grant program. In addition to programs and projects conducted by the 3506(c)(2)(A) of the Paperwork assessing activities related to the SPF National Heart, Lung, And Blood Reduction Act of 1995 concerning steps, the performance monitoring Institute, including consideration of opportunity for public comment on instruments covered in this statement proposed collections of information, the personnel qualifications and collect data to assess the following Substance Abuse and Mental Health performance, and the competence of grantee required specific performance Services Administration (SAMHSA) individual investigators, the disclosure measures: will publish periodic summaries of of which would constitute a clearly proposed projects. To request more • Number of training and technical unwarranted invasion of personal information on the proposed projects or assistance activities per funded privacy. to obtain a copy of the information community provided by the grantee to Name of Committee: Board of Scientific collection plans, call the SAMHSA support communities Counselors, NHLBI. Reports Clearance Officer on (240) 276– • Number of training and technical Date: June 11, 2018. 1243. Time: 8:00 a.m. to 5:00 p.m. assistance activities (numbers served) Comments are invited on: (a) Whether provided by the grantee Agenda: To review and evaluate personal the proposed collections of information qualifications and performance, and • are necessary for the proper Number of subrecipient communities competence of individual investigators. that improved on one or more targeted Place: National Institutes of Health, performance of the functions of the Building 10, 6th Floor, Room 6S233, 10 agency, including whether the National Outcome Measures Center Drive, Bethesda, MD 20892. information shall have practical utility; • Number of grantees who integrate Contact Person: Robert S. Balaban, Ph.D., (b) the accuracy of the agency’s estimate Prescription Drug Monitoring Program Scientific Director, Division of Intramural of the burden of the proposed collection (PDMP) data into their program needs Research National Institutes of Health, of information; (c) ways to enhance the assessment NHLBI Building 10, 4th Floor, Room 1581, 10 quality, utility, and clarity of the Center Drive, Bethesda, MD 20892, 301–496– • Number of naloxone toolkits information to be collected; and (d) distributed 2116, [email protected]. ways to minimize the burden of the Information is also available on the collection of information on Changes to this package include the Institute’s/Center’s home page: https:// respondents, including through the use following: www.nhlbi.nih.gov/node/80103, where an • agenda and any additional information for of automated collection techniques or Inclusion of Intervention names in the the meeting will be posted when available. other forms of information technology. standard tool (Catalogue of Federal Domestic Assistance Proposed Project: Division of State • Inclusion of Community outcomes Program Nos. 93.233, National Center for Programs—Management Reporting reporting Sleep Disorders Research; 93.837, Heart and Tool (DSP–MRT) (OMB No. 0930– • Inclusion of questions on training Vascular Diseases Research; 93.838, Lung 0354)—Revision Diseases Research; 93.839, Blood Diseases services requested and referrals/ and Resources Research, National Institutes The Substance Abuse and Mental receiving treatment services in the of Health, HHS) Health Services Administration’s PDO/FR–CARA supplemental section

ANNUALIZED DATA COLLECTION BURDEN

Responses Total Instrument Number of per number of Hours per Total burden respondents respondent responses response hours

Standard DSP Monitoring Tool ...... 117 4 468 3 1,404 Section A: Rx ...... 25 2 63 1 42 Section B: PDO/FR CARA ...... 23 4 100 1 100 Section C: PFS ...... 71 1 71 3 213

FY2020 Total...... 117 ...... 702 ...... 1,759

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Send comments to Summer King, of information; (c) ways to enhance the 528 of the PHS Act and the 21st Century SAMHSA Reports Clearance Officer, quality, utility, and clarity of the Cures Act specify that not later than 5600 Fishers Lane, Room 15E57–B, information to be collected; and (d) January 31 of each fiscal year, a funded Rockville, Maryland 20857, OR email a ways to minimize the burden of the entity will prepare and submit a report copy to [email protected]. collection of information on in such form and containing such Written comments should be received respondents, including through the use information as is determined necessary by July 20, 2018. of automated collection techniques or for securing a record and description of other forms of information technology. Summer King, the purposes for which amounts Statistician. Proposed Project: Projects for received under section 521 were [FR Doc. 2018–10716 Filed 5–18–18; 8:45 am] Assistance in Transition From expended during the preceding fiscal BILLING CODE 4162–20–P Homelessness (PATH) Program Annual year and of the recipients of such Report (OMB No. 0930–0205)—Revision amounts and determining whether such The Center for Mental Health Services amounts were expended in accordance DEPARTMENT OF HEALTH AND awards grants each fiscal year to each of with statutory provisions. HUMAN SERVICES the states, the District of Columbia, the The proposed changes to the PATH Commonwealth of Puerto Rico, the Annual Report are as follows: Substance Abuse and Mental Health Virgin Islands, Guam, American Samoa, Services Administration and the Commonwealth of the Northern 1. Reporting on Contacts Agency Information Collection Mariana Islands from allotments To ensure that all contacts made by Activities: Proposed Collection; authorized under the PATH program PATH providers are reflected in the established by Public Law 101–645, 42 Comment Request report, a new question has been added U.S.C. 290cc–21 et seq., the Stewart B. that reports out on all contacts provided In compliance with Section McKinney Homeless Assistance 3506(c)(2)(A) of the Paperwork Amendments Act of 1990 (section 521 et during the reporting period. The Reduction Act of 1995 concerning seq. of the Public Health Service (PHS) previous PATH Annual Report only opportunity for public comment on Act) and the 21st Century Cures Act reported on contacts through the date of proposed collections of information, the (114–255 Pub. L). Section 522 of the enrollment. Substance Abuse and Mental Health PHS Act and the 21st Century Cures Act 2. Referrals Provided Services Administration will publish require that the grantee states and periodic summaries of proposed territories must expend their payments To align with the HMIS Data projects. To request more information under the Act solely for making grants Standards, all PATH Referral response on the proposed projects or to obtain a to political subdivisions of the state, and categories are now included in the copy of the information collection to nonprofit private entities (including PATH Annual Report. plans, call the SAMHSA Reports community-based veterans’ Clearance Officer at (240) 276–1243. organizations and other community 3. HMIS Data Standards Updates Comments are invited on: (a) Whether organizations) for the purpose of When needed, field response options the proposed collections of information providing services specified in the Act. and questions have been updated to are necessary for the proper Available funding is allotted in align with the most recent version of the performance of the functions of the accordance with the formula provision HMIS Data Standards. agency, including whether the of section 524 of the PHS Act. information shall have practical utility; This submission is for a revision of The estimated annual burden for (b) the accuracy of the agency’s estimate the current approval of the annual these reporting requirements is of the burden of the proposed collection grantee reporting requirements. Section summarized in the table below.

Responses Burden per Respondents Number of per response Total burden respondents respondent (hrs.)

States ...... 56 1 20 1,120 Local provider agencies ...... 487 1 15 7,305

Total ...... 543 ...... 8,425

Send comments to Summer King, DEPARTMENT OF HOMELAND SUMMARY: The United States Coast SAMHSA Reports Clearance Officer, SECURITY Guard and United States Environmental 5600 Fishers Lane, Room 15E57B, Protection Administration will conduct Rockville, MD 20857 OR email her a Coast Guard a public workshop in Washington, DC copy at [email protected]. in preparation for the upcoming Written comments should be received [Docket No. USCG–2018–0488] intersessional working group meeting of by July 20, 2018. the International Maritime Organization Notice of Public Workshop on (IMO) on consistent implementation of Summer King, Consistent Implementation of regulation 14.1.3 of MARPOL Annex IV Regulation 14.1.3 of MARPOL Annex VI Statistician. (Global 0.50% Sulfur Cap). The purpose (Global 0.50% Sulfur Cap) [FR Doc. 2018–10717 Filed 5–18–18; 8:45 am] of this meeting will be to consider the BILLING CODE 4162–20–P AGENCY: Coast Guard, DHS. issues that will be discussed at that intersessional working group meeting. ACTION: Notice of meeting.

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DATES: This public meeting will be held Marine Environment Protection can be improved to provide timely on Tuesday, June 5, beginning at 10:00 Committee that meets in October 2018. analysis of this information (e.g., ship- a.m. and ending at 2:00 p.m., Eastern To obtain stakeholder input in prepared summary reports of bunker Time. This meeting is open to the advance of the intersessional working delivery notes). Stakeholders are also public. group meeting, the Coast Guard and invited to provide input on other EPA will conduct a meeting on methods to verify compliance, such as ADDRESSES: The public meeting will be Tuesday, June 5 at the United States onboard fuel sampling or other types of held in Room 5, located on the first floor Department of Transportation building verification (e.g., continuous SOX near the main entrance of the United in Washington, DC. At this meeting, the States Department of Transportation emission monitoring). Coast Guard and EPA will provide Æ What methods and procedures can building in Washington, DC. The United background information on the MEPC port States adopt to facilitate a level States Department of Transportation action; afterwards, a discussion will be playing field? building is located at 1200 New Jersey moderated by Coast Guard to consider Æ What methods and procedures can Ave. SE, in Washington, DC, across the the following topics. flag States adopt to facilitate a level street from the Navy Yard-Ballpark Æ What preparatory and transitional playing field? Metro Station. Due to security issues should be considered, and how Æ What type of guidance, if any, requirements, each visitor must present should they be addressed? Ship owners would be helpful to ensure consistent a valid government-issued photo are expected to develop plans and implementation and a level playing identification (for example, a driver’s procedures to ensure their ships operate field? license) in order to gain entrance to the with compliant fuel beginning January This meeting is open to the public. building. Those desiring to attend the 1, 2020. However, issues may arise for Please note that the public meeting has public meeting should contact the Coast a short period after the effective date of a limited number of seats and may close Guard ahead of the meeting (see FOR the global sulfur cap that may impede early if all business is finished. Those FURTHER INFORMATION CONTACT) to compliance. Stakeholders are interested in attending should contact facilitate the security process related to encouraged to describe what these Mr. Wayne Lundy by telephone at (202) building access, or to request reasonable issues are, how they may be resolved, 372–1379 or by email at accommodation. and the length of time they are expected [email protected]. FOR FURTHER INFORMATION CONTACT: For to occur. Summaries of comments made, additional information about this public Æ Are there safety and machinery materials presented, and lists of meeting you may contact Mr. Wayne impacts associated with the use of attendees will be available on the docket Lundy by telephone at (202) 372–1379 blended fuels, and how should these be at the conclusion of the meeting. To or by email at Wayne.M.Lundy@ addressed? At this time it is not known view comments and materials in the uscg.mil. the extent to which fuels compliant docket, go to http://www.regulations.gov with the 2020 global sulfur cap will be at any time, enter the docket number SUPPLEMENTARY INFORMATION: Annex VI purpose refined or blended. ‘‘USCG–2018–0488’’ in the Search box, to the International Convention for the Stakeholders are encouraged to describe and click on ‘‘Go>>.’’ Prevention of Pollution from Ships whether they expect to use blended (MARPOL Annex VI) addresses air fuels and whether they expect to adopt Information on Services for Individuals pollution from ships. Regulation 14 special procedures to handle and use With Disabilities addresses particulate matter (PM) and such fuels. For information on facilities or sulfur oxide (SOX) emissions through Æ Regulation 18.2 requires ships to services for individuals with disabilities fuel sulfur content limits. Beginning on report fuel oil non-availability. One or to request special assistance at the January 1, 2015, fuel used in ships option being addressed by the meeting, contact Mr. Wayne Lundy at operating in designated Emission Committee is the creation of a formal (202) 372–1379 or by email at Control Areas (ECAs), including the Fuel Oil Non-Availability Reporting [email protected] as soon as North American and U.S. Caribbean Sea (FONAR) system, which would require possible. ECAs, may not exceed 1,000 ppm. a ship to file a report with the port State, Outside of designated ECAs, the sulfur the ship’s flag administration, and B.J. Hawkins, content of marine fuel currently may not potentially the IMO, if the ship is Acting Director of Commercial Regulations exceed 35,000 ppm; this limit will be unable to obtain compliant fuel without and Standards, U.S. Coast Guard. reduced to 5,000 ppm beginning on deviating from its planned voyage. [FR Doc. 2018–10696 Filed 5–18–18; 8:45 am] January 1, 2020. Stakeholders are encouraged to indicate BILLING CODE P As required by Regulation 14.8 of if such a system would be helpful and, Annex VI, the 2020 global sulfur cap if so, whether the reporting be uniform, was reviewed and the limit was the information that should be included DEPARTMENT OF HOMELAND confirmed by the Marine Environment in a standard format, how efforts to SECURITY Protection Committee at its 70th session obtain compliant fuel should be U.S. Customs and Border Protection in 2017. At the 71st session, the Marine documented, and where the report Environment Protection Committee should be filed. [1651–0114] agreed on a new work output to Æ What shipboard verification consider measures to promote procedures should be encouraged/ Agency Information Collection consistent implementation of the global required, and how can these procedures Activities: Crewman’s Landing Permit sulfur cap to address industry concerns facilitate verification? As specified in AGENCY: U.S. Customs and Border and promote a level playing field with Annex VI, assessment of a ship’s Protection (CBP), Department of regard to compliance and enforcement compliance with the fuel sulfur limits Homeland Security. of the new standards. An intersessional relies on examination of bunker delivery ACTION: 30-Day notice and request for working group meeting will be held in notes and, potentially, analysis of the comments; extension of an existing July 2018, and recommendations will be MARPOL sample. Stakeholders are collection of information. provided to the 73rd session of the encouraged to indicate how this system

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SUMMARY: The Department of Homeland including the validity of the DEPARTMENT OF HOUSING AND Security, U.S. Customs and Border methodology and assumptions used; (3) URBAN DEVELOPMENT Protection will be submitting the suggestions to enhance the quality, [Docket No. FR–7001–N–24] following information collection request utility, and clarity of the information to to the Office of Management and Budget be collected; and (4) suggestions to 30-Day Notice of Proposed Information (OMB) for review and approval in minimize the burden of the collection of Collection: Public Housing Agency accordance with the Paperwork information on those who are to Executive Compensation Information Reduction Act of 1995 (PRA). The respond, including through the use of information collection is published in appropriate automated, electronic, AGENCY: Office of the Chief Information the Federal Register to obtain comments mechanical, or other technological Officer, HUD. from the public and affected agencies. collection techniques or other forms of ACTION: Notice. DATES: Comments are encouraged and information technology, e.g., permitting will be accepted (no later than June 20, electronic submission of responses. The SUMMARY: HUD submitted the proposed 2018) to be assured of consideration. comments that are submitted will be information collection requirement ADDRESSES: Interested persons are summarized and included in the request described below to the Office of invited to submit written comments on for approval. All comments will become Management and Budget (OMB) for this proposed information collection to a matter of public record. review, in accordance with the the Office of Information and Regulatory Paperwork Reduction Act. The purpose Overview of This Information of this notice is to allow for 30 days of Affairs, Office of Management and Collection Budget. Comments should be addressed public comment. to the OMB Desk Officer for Customs Title: Crewman’s Landing Permit. DATES: Comments Due Date: June 20, and Border Protection, Department of OMB Number: 1651–0114. 2018. Form Number: Form I–95. Homeland Security, and sent via ADDRESSES: Interested persons are electronic mail to dhsdeskofficer@ Current Actions: This submission is invited to submit comments regarding omb.eop.gov. being made to extend the expiration this proposal. Comments should refer to date with no change to the burden hours FOR FURTHER INFORMATION CONTACT: the proposal by name and/or OMB or to this collection of information. Control Number and should be sent to: Requests for additional PRA information Type of Review: Extension (without HUD Desk Officer, Office of should be directed to the CBP change). Management and Budget, New Paperwork Reduction Act Officer, U.S. Affected Public: Businesses. Executive Office Building, Washington, Customs and Border Protection, Office Abstract: CBP Form I–95, Crewman’s DC 20503; fax: 202–395–5806, Email: of Trade, Regulations and Rulings, Landing Permit, is prepared and OIRA [email protected]. Economic Impact Analysis Branch, 90 K presented to CBP by the master or agent Street NE, 10th Floor, Washington, DC FOR FURTHER INFORMATION CONTACT: _ of vessels and aircraft arriving in the 20229–1177, or via email CBP PRA@ United States for alien crewmen Colette Pollard, Reports Management cbp.dhs.gov. Please note that the contact applying for landing privileges. This Officer, QMAC, Department of Housing information provided here is solely for form is provided for by 8 CFR 251.1(c) and Urban Development, 451 7th Street questions regarding this notice. which states that, with certain SW, Washington, DC 20410; email Individuals seeking information about exceptions, the master, captain, or agent [email protected], or telephone other CBP programs should contact the shall present this form to CBP for each 202–402–3400. This is not a toll-free CBP National Customer Service Center nonimmigrant alien crewman on board. number. Person with hearing or speech at 877–227–5511, (TTY) 1–800–877– In addition, pursuant to 8 CFR 252.1(e), impairments may access this number 8339, or CBP website at https:// CBP Form I–95 serves as the physical through TTY by calling the toll-free www.cbp.gov/. evidence that an alien crewmember has Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: CBP been granted a conditional permit to Copies of available documents invites the general public and other land temporarily, and it is also a submitted to OMB may be obtained Federal agencies to comment on the prescribed registration form under 8 from Ms. Pollard. proposed and/or continuing information CFR 264.1 for crewmen arriving by SUPPLEMENTARY INFORMATION: This collections pursuant to the Paperwork vessel or air. CBP Form I–95 is notice informs the public that HUD is Reduction Act of 1995 (44 U.S.C. 3501 authorized by Section 252 of the seeking approval from OMB for the et seq.). This proposed information Immigration and Nationality Act (8 information collection described in collection was previously published in U.S.C. 1282) and is accessible at http:// Section A. the Federal Register (82 FR 52935) on www.cbp.gov/sites/default/files/ The Federal Register notice that November 15, 2017, allowing for a 60- documents/CBP%20Form%20I-95.pdf. solicited public comment on the day comment period. This notice allows Estimated Number of Respondents: information collection for a period of 60 for an additional 30 days for public 433,000. days was published on February 28, comments. This process is conducted in Total Number of Estimated Annual 2018 at 83 FR 8697. accordance with 5 CFR 1320.8. Written Responses: 433,000. A. Overview of Information Collection comments and suggestions from the Estimated Time per Response: 5 public and affected agencies should minutes. Title of Information Collection: Public address one or more of the following Estimated Total Annual Burden Housing Agency Executive four points: (1) Whether the proposed Hours: 35,939. Compensation Information. collection of information is necessary OMB Approved Number: 2577–0272. for the proper performance of the Dated: May 16, 2018. Type of Request: Revision of currently functions of the agency, including Seth D. Renkema, approved collection. whether the information will have Branch Chief, Economic Impact Analysis Form Number: HUD–52725. practical utility; (2) the accuracy of the Branch, U.S. Customs and Border Protection. Description of the Need for the agency’s estimate of the burden of the [FR Doc. 2018–10744 Filed 5–18–18; 8:45 am] Information and Proposed Use: proposed collection of information, BILLING CODE 9111–14–P Pursuant to a notice issued annually

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(most recently PIH Notice 2017–11), Authority: Section 3507 of the Paperwork A. Overview of Information Collection HUD collects information on the Reduction Act of 1995, 44 U.S.C. Chapter 35. Title of Information Collection: compensation provided by public Dated: May 8, 2018. Dispute Resolution Program. housing agencies (PHAs) to its Colette Pollard, employees. More specifically, under this Department Reports Management Officer, OMB Approved Number: 2502–0562. collection PHAs are to report the Office of the Chief Information Officer. Type of Request: Extension of compensation paid to the top [FR Doc. 2018–10785 Filed 5–18–18; 8:45 am] currently approved collection. management official, the top financial BILLING CODE 4210–67–P Form Number: HUD–310–DRSC and official, and all employees who are paid HUD–311–DR. an annual salary over the compensation cap imposed by Congress in HUD’s Description of the Need for the DEPARTMENT OF HOUSING AND Information and Proposed Use: 310– annual appropriations (Level IV of the URBAN DEVELOPMENT Executive Schedule). This reporting is DRSC is used to collect information on similar to the information that non- an individual state that would like to [Docket No. FR–7001–N–25] profit organizations receiving federal tax have a dispute resolution program either as part of their state plan or outside of exemptions are required to report to the 30-Day Notice of Proposed Information IRS annually. Because PHAs receive the state plan. The HUD–311–DR form Collection: Dispute Resolution is used to collect pertinent information significant direct federal funds HUD has Program been collecting compensation from the party seeking dispute information to enhance regulatory AGENCY: Office of the Chief Information resolution. oversight by HUD, as well as by state Officer, HUD. Respondents (i.e., Affected Public): and local authorities. HUD provides the ACTION: Notice. Individuals or Households information collected to the public. The Estimated Number of Respondents: compensation data collected includes SUMMARY: HUD submitted the proposed 225. base salary, bonus, and incentive and information collection requirement Estimated Number of Responses: 225. other compensation, and the extent to described below to the Office of which these payments are made with Management and Budget (OMB) for Frequency of Response: Once per any Section 8 and 9 appropriated funds. review, in accordance with the complaint. Respondents (i.e., Affected Public): Paperwork Reduction Act. The purpose Average Hours per Response: 2.26. Public Housing Agencies. of this notice is to allow for 30 days of Total Estimated Burdens: 508.50. Estimated Number of Respondents: public comment. B. Solicitation of Public Comment Approximately 4,000. DATES: Comments Due Date: June 20, Estimated Number of Responses: 2018. This notice is soliciting comments Approximately 4,000. from members of the public and affected ADDRESSES: Interested persons are Frequency of Response: Annual. parties concerning the collection of Average Hours per Response: 30 invited to submit comments regarding information described in Section A on minutes. this proposal. Comments should refer to Total Estimated Annual Burden and the proposal by name and/or OMB the following: Cost: Total burden hours is estimated to Control Number and should be sent to: (1) Whether the proposed collection be 2,000 hours annually. The total HUD Desk Officer, Office of of information is necessary for the burden cost is estimated to be $46,280. Management and Budget, New proper performance of the functions of Executive Office Building, Washington, the agency, including whether the B. Solicitation of Public Comment DC 20503; fax: 202–395–5806, Email: information will have practical utility; This notice is soliciting comments OIRA [email protected]. (2) The accuracy of the agency’s from members of the public and affected FOR FURTHER INFORMATION CONTACT: estimate of the burden of the proposed parties concerning the collection of Colette Pollard, Reports Management collection of information; information described in Section A on Officer, QMAC, Department of Housing (3) Ways to enhance the quality, the following: and Urban Development, 451 7th Street utility, and clarity of the information to (1) Whether the proposed collection SW, Washington, DC 20410; email be collected; and of information is necessary for the Colette [email protected], or telephone proper performance of the functions of (4) Ways to minimize the burden of 202–402–3400. This is not a toll-free the agency, including whether the the collection of information on those number. Person with hearing or speech information will have practical utility; who are to respond: including through impairments may access this number (2) The accuracy of the agency’s the use of appropriate automated through TTY by calling the toll-free estimate of the burden of the proposed collection techniques or other forms of Federal Relay Service at (800) 877–8339. collection of information; information technology, e.g., permitting (3) Ways to enhance the quality, Copies of available documents electronic submission of responses. submitted to OMB may be obtained utility, and clarity of the information to HUD encourages interested parties to from Ms. Pollard. be collected; and submit comment in response to these (4) Ways to minimize the burden of SUPPLEMENTARY INFORMATION: This questions. the collection of information on those notice informs the public that HUD is seeking approval from OMB for the Authority: Section 3507 of the Paperwork who are to respond: including through Reduction Act of 1995, 44 U.S.C. Chapter 35. the use of appropriate automated information collection described in collection techniques or other forms of Section A. Dated: May 11, 2018. information technology, e.g., permitting The Federal Register notice that Colette Pollard, electronic submission of responses. solicited public comment on the Department Reports Management Officer, HUD encourages interested parties to information collection for a period of 60 Office of the Chief Information Officer. submit comment in response to these days was published on January 16, 2018 [FR Doc. 2018–10786 Filed 5–18–18; 8:45 am] questions. at 83 FR 2170. BILLING CODE 4210–67–P

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DEPARTMENT OF THE INTERIOR The incidental take permit 2. The applicant has developed a application is available by mail from the dHCP as part of the application for an Fish and Wildlife Service Regional Director, U.S. Fish and ITP, which describes the measures the Wildlife Service, P.O. Box 1306, Room applicant has agreed to take to minimize [FWS–R2–ES–2017–N177; 6034, Albuquerque, NM 87103. Copies and mitigate the effects of incidental FXES11140200000–189–FF02ENEH00] of the draft environmental assessment take of the Covered Species to the Draft Environmental Assessment and and draft HCP are also available for maximum extent practicable pursuant to Draft Habitat Conservation Plan; public inspection and review at the section 10(a)(1)(B) of the Act. Western Travis County Public Utility following locations, by appointment and As described in the dHCP, the Agency Raw Water Transmission Main, written request only, 8 a.m. to 4:30 p.m.: proposed incidental take would occur • Travis County, Texas U.S. Fish and Wildlife Service, 500 within, and adjacent to, the right-of-way Gold Avenue SW, Room 6034, of an existing water pipeline in Travis AGENCY: Fish and Wildlife Service, Albuquerque, NM 87102. County, Texas; and would result from Interior. • U.S. Fish and Wildlife Service, activities associated with otherwise ACTION: Notice of availability; request 10711 Burnet Road, Suite 200, Austin, lawful activities. The dEA considers the for comments. TX 78758. direct, indirect, and cumulative effects Submitting Comments: You may of implementation of the dHCP, SUMMARY: We, the U.S. Fish and submit written comments by one of the specifically the measures that will be Wildlife Service (Service), make following methods: implemented to minimize and mitigate, available the draft Western Travis • Submit electronic comments to to the maximum extent practicable, the County Public Utility Agency [email protected]. Please impacts of the incidental take of the (WTCPUA) Habitat Conservation Plan, note that your request is in reference to Covered Species. as well as the associated draft the WTCPUA dHCP. Proposed Action environmental assessment, for • By hard copy: Mr. Adam Zerrenner, construction of a raw water pipeline in Austin Ecological Services Field Office, The ITP would cover incidental Travis County, Texas. WTCPUA has 10711 Burnet Road, Suite 200, Austin, ‘‘take’’ of the Covered Species applied to the Service for an incidental TX 78758–4460; telephone 512–490– associated with construction, operation, take permit (ITP) under the Endangered 0057; fax 512–490–0974. Please note and maintenance of a new water Species Act of 1973, as amended. The that your request is in reference to the pipeline, as well as the operation and requested ITP, which would be in effect WTCPUA dHCP. maintenance of an existing water for a period of 30 years, if granted, We request that you submit comments pipeline within the Permit Area (the would authorize incidental take of the by only the methods described above. ‘‘Covered Activities’’). The proposed federally listed golden-cheeked warbler Generally, we will post any personal action is the issuance of an ITP by the (Setophaga [=Dendroica] chrysoparia). information you provide us (see the Service for the Covered Activities in the The proposed incidental take would Public Availability of Comments section permit area, pursuant to section occur during construction of a raw for more information). 10(a)(1)(B) of the Act. The requested term of the permit is 30 water pipeline as a result of vegetation FOR FURTHER INFORMATION CONTACT: clearing, earth-moving activities, and years. To meet the requirements of a Adam Zerrenner, Field Supervisor, U.S. section 10(a)(1)(B) ITP, the applicant pipeline construction and also during Fish and Wildlife Service, 10711 Burnet operation and maintenance of the has developed and proposes to Road, Suite 200, Austin, TX 78758 or implement its dHCP, which describes pipeline. In addition, incidental take (512) 490–0057. would occur as a result of the operation the conservation measures the applicant SUPPLEMENTARY INFORMATION: We, the has agreed to undertake. These and maintenance of existing facilities, U.S. Fish and Wildlife Service (Service), including the existing water pipeline, measures are designed to minimize and make available the draft environmental mitigate for the impacts of the proposed water intake, and the Uplands Water assessment (dEA) for the Western Travis Treatment Facility. incidental take of the Covered Species, County Public Utility Agency to the maximum extent practicable, and DATES: Submission of comments: We (WTCPUA) draft Habitat Conservation ensure that incidental take will not will accept comments received or Plan (dHCP) for construction of a raw appreciably reduce the likelihood of the postmarked on or before June 20, 2018. water pipeline in Travis County, Texas. survival and recovery of this species in ADDRESSES: WTCPUA has applied for an incidental the wild. Obtaining documents: You may take permit (ITP) that would be in effect The applicant proposes to mitigate obtain copies of the application, the for 30 years. If granted, the ITP would impacts to the Covered Species with the proposed draft habitat conservation plan authorize incidental take of the golden- purchase of 28 conservation credits (HCP), the draft environmental cheeked warbler (Setophaga (acres) in an approved golden-cheeked assessment, or other related documents [=Dendroica] chrysoparia; the ‘‘Covered warbler habitat conservation bank. by going to the Service’s website at Species’’), which is listed as an http://www.fws.gov/southwest/es/ endangered species under the Alternatives AustinTexas/. Alternatively, a limited Endangered Species Act of 1973, as We are considering one alternative to number of CD–ROM and printed copies amended (Act; 16 U.S.C. 1531 et seq.). the proposed action as part of this of the draft environmental assessment In accordance with the requirements process: No Action. Under a No Action and draft HCP are available, by request, of the National Environmental Policy alternative, the Service would not issue from Mr. Adam Zerrenner, Austin Act of 1969 (NEPA; 42 U.S.C. 4321 et the requested ITP and WTCPUA would Ecological Services Field Office, 10711 seq.), we advise the public that: either not construct the transmission Burnet Road, Suite 200, Austin, TX 1. We have gathered the information main water pipeline or construct the 78758–4460; telephone 512–490–0057; necessary to determine impacts and pipeline in a manner that avoids fax 512–490–0974. Please note that your formulate alternatives for the dEA incidental take. Therefore, the applicant request is in reference to the WTCPUA related to potential issuance of an ITP would not implement the conservation dHCP. to WTCPUA (the applicant); and measures described in the dHCP.

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Public Availability of Comments Peabody Museum of Archaeology and leather and to the antler ornaments. All comments we receive become part Ethnology. If no additional claimants Consultation with representatives from of the public record associated with this come forward, transfer of control of the the Wiyot Tribe indicated this antler action. Requests for copies of comments cultural items to the lineal descendants, headdress was most likely used during will be handled in accordance with the Indian Tribes or Native Hawaiian the Wiyot World Renewal Ceremony, Freedom of Information Act, NEPA, and organizations stated in this notice may more specifically for the White Deerskin Service and Department of the Interior proceed. Dance or possibly the Jump Dance. The policies and procedures. Before DATES: Lineal descendants or physical properties of the headdress are including your address, phone number, representatives of any Indian Tribe or entwined with sacred concepts and email address, or other personal Native Hawaiian organization not actions. identifying information in your identified in this notice that wish to The red woodpecker headdress is comment, you should be aware that claim these cultural items should constructed from tanned deerhide and your entire comment—including your submit a written request with approximately 40 scalps of pileated personal identifying information—may information in support of the claim to woodpecker. Associated with this be made publicly available at any time. the Peabody Museum of Archaeology headdress, as a separate catalog number, While you can ask us to withhold your and Ethnology at the address in this is a storage roll constructed of a worked personal identifying information from notice by June 20, 2018. and polished cylindrical piece of wood, public review, we cannot guarantee that ADDRESSES: Patricia Capone, Peabody likely redwood. Consultation with we will be able to do so. All Museum of Archaeology and Ethnology, representatives from the Wiyot Tribe submissions from organizations or Harvard University, 11 Divinity Avenue, indicated that the storage roll was businesses, and from individuals Cambridge, MA 02138, telephone (617) required for the safe storage of the identifying themselves as 496–3702, email pcapone@ headdress and should be considered a representatives or officials of fas.harvard.edu. part of the medicine associated with the headdress. Consultation with organizations or businesses, will be SUPPLEMENTARY INFORMATION: Notice is representatives from the Wiyot Tribe made available for public disclosure in here given in accordance with the indicated this red woodpecker their entirety. Native American Graves Protection and headdress and associated storage roll Repatriation Act (NAGPRA), 25 U.S.C. Authority were most likely used during the World 3005, of the intent to repatriate cultural Renewal Ceremony, and possibly with We provide this notice under the items under the control of the Peabody the Jump Dance. authority of section 10(c) of the Act and Museum of Archaeology and Ethnology, its implementing regulations (50 CFR Harvard University, Cambridge, MA, These three cultural items meet the 17.22 and 17.32) and NEPA (42 U.S.C. that meet the definition of objects of definition of sacred objects because they 4371 et seq.) and its implementing cultural patrimony and/or sacred objects are specific ceremonial objects required regulations (40 CFR 1506.6). under 25 U.S.C. 3001. by the Wiyot to properly perform dances This notice is published as part of the and prayers for World Renewal Amy L. Lueders, Ceremonies, including the White Regional Director, Southwest Region, National Park Service’s administrative responsibilities under NAGPRA, 25 Deerskin Dance and the Jump Dance. Albuquerque, New Mexico. Archeological, historical, and [FR Doc. 2018–10797 Filed 5–18–18; 8:45 am] U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of ethnographic data also demonstrate that BILLING CODE 4333–15–P the museum, institution, or Federal these three cultural items have ongoing Agency that has control of the Native historical, traditional, and cultural importance central to the Wiyot as DEPARTMENT OF THE INTERIOR American cultural items. The National Park Service is not responsible for the regalia. Consultation with National Park Service determinations in this notice. representatives from the Wiyot Tribe indicated that regalia and medicine [NPS–WASO–NAGPRA–NPS0025513; History and Description of the Cultural items were not owned, but ‘‘cared for’’ PPWOCRADN0–PCU00RP14.R50000] Items by individuals, who were able to lend them, including in exchange for money, Notice of Intent To Repatriate Cultural In 1906, Grace Nicholson purchased but not sell them. These Wiyot Items: Peabody Museum of an antler ornament headdress, a red headdresses and the associated roll Archaeology and Ethnology, Harvard woodpecker headdress, and a roll for could not be sold because they were University, Cambridge, MA the red woodpecker headdress on behalf of Lewis Hobart Farlow. Farlow cared for, but not than owned, by the AGENCY: National Park Service, Interior. purchased these three cultural items families and individuals. Due to the ACTION: Notice. from Nicholson and donated them to the caretakers’ collective responsibility for Peabody Museum of Archaeology and the headdresses and roll, an individual SUMMARY: The Peabody Museum of Ethnology in the same year. Peabody could not sell or transfer possession of Archaeology and Ethnology, in Museum records note these cultural them. For these reasons, based on the consultation with the appropriate items were collected from the ‘‘Weigat cultural information provided through Indian Tribes or Native Hawaiian Indians,’’ or Wiyot, of Humboldt Bay, consultation, and further supported by organizations, has determined that the California. The antler ornament ethnographic and historical data, these cultural items listed in this notice meet headdress, red woodpecker headdress, three cultural items meet the category the definition of objects of cultural and roll have been identified as Wiyot definition for objects of cultural patrimony and/or sacred objects. Lineal and as sacred objects and objects of patrimony because they have ongoing descendants or representatives of any cultural patrimony. historical, traditional, and cultural Indian Tribe or Native Hawaiian The antler ornament headdress is importance central to the Wiyot for the organization not identified in this notice constructed of leather, suede, and seven proper performance of World Renewal that wish to claim these cultural items carved antler ornaments; red and black Ceremonies, specifically the White should submit a written request to the paints were applied to sections of the Deerskin Dance and the Jump Dance,

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and could not have been alienated or traditional religious ceremonies and Tribe) that this notice has been conveyed by an individual. dances, such as the Flower Ceremony, published. In 1910, Grace Nicholson and Carroll the World Renewal Ceremony, and the Dated: April 30, 2018. Hartman purchased a woman’s dance Brush Dance, by present-day adherents. Melanie O’Brien, skirt on behalf of Lewis Hobart Farlow, Wiyot women and girls wore dance in whose name it was donated to the skirts for multiple ceremonies because Manager, National NAGPRA Program. Peabody Museum that same year. Prior the skirts were imbued with spiritual [FR Doc. 2018–10781 Filed 5–18–18; 8:45 am] to its purchase by Nicholson and power and were potent enough to BILLING CODE 4312–52–P Hartman, the dance skirt was owned by ritually purify ceremonial dance Isaac A. Beers, the United States Indian grounds. Agent at Hoopa from 1890–1893. The DEPARTMENT OF THE INTERIOR circumstance under which Beers Determinations Made by the Peabody National Park Service collected the dance skirt is not known. Museum Peabody Museum records describe the Officials of the Peabody Museum have object as ‘‘Wiegat—Very old fine Dance determined that: [NPS–WASO–NAGPRA–NPS0025515; PPWOCRADN0–PCU00RP14.R50000] Skirt—Beer’s Collection’’ and from the • Pursuant to 25 U.S.C. 3001(3)(C), ‘‘Wiyot Indians, California.’’ The the four cultural items described above Notice of Inventory Completion: woman’s dance skirt has been identified are specific ceremonial objects needed Florida Department of State, Division as Wiyot and has been determined to be by traditional Native American religious of Historical Resources, Tallahassee, a sacred object. leaders for the practice of traditional FL This dance skirt is made of soft, Native American religions by their tanned leather, which is fringed at the present-day adherents. AGENCY: National Park Service, Interior. • bottom hem. A solitary shell object of Pursuant to 25 U.S.C. 3001(3)(D), ACTION: Notice. modified abalone is fastened to a leather the three cultural items described above strand within the fringe. Another leather have ongoing historical, traditional, or SUMMARY: The Florida Department of strand within the fringe is adorned with cultural importance central to the State, Division of Historical Resources, three blue glass beads and one long Native American group or culture itself, has completed an inventory of human black glass bead. The waist of the skirt rather than property owned by an remains and associated funerary objects, is decorated with maidenhair fern and individual. in consultation with the appropriate beargrass wraps, as well as iris twine. • Pursuant to 25 U.S.C. 3001(2), there Indian Tribes or Native Hawaiian Dangling from the edge of the twine- is a relationship of shared group organizations, and has determined that wrapped waist are thin twine-wrapped identity that can be reasonably traced there is a cultural affiliation between the strands adorned with two small bivalve between the sacred objects and objects human remains and associated funerary shells and finished with metal thimbles; of cultural patrimony and the Bear River object and present-day Indian Tribes or some strands also contain blue glass Band of Rohnerville Rancheria, Native Hawaiian organizations. Lineal beads. California; Blue Lake Rancheria, descendants or representatives of any Consultation evidence suggests this California; and Wiyot Tribe, California Indian Tribe or Native Hawaiian skirt was most likely made as regalia for (previously listed as the Table Bluff organization not identified in this notice an adolescent girl’s Coming of Age Reservation—Wiyot Tribe). that wish to request transfer of control Ceremony, also known as the Flower Additional Requestors and Disposition of these human remains and associated Ceremony, due to its size and funerary object should submit a written decoration. Families spent years Lineal descendants or representatives request to the Florida Department of gathering the materials for a girl’s ‘‘First of any Indian Tribe or Native Hawaiian State, Division of Historical Resources. Dress,’’ which was worn initially at her organization not identified in this notice If no additional requestors come Coming of Age Ceremony. Based on the that wish to claim these cultural items forward, transfer of control of the size of this skirt, and the effort invested should submit a written request with human remains and associated funerary in its ornamentation, as well as the information in support of the claim to object to the lineal descendants, Indian location of decoration at the waist, it Patricia Capone, Peabody Museum of Tribes, or Native Hawaiian was likely made as a ceremonial dance Archaeology and Ethnology, Harvard organizations stated in this notice may skirt for a girl’s puberty rites. As abalone University, 11 Divinity Avenue, proceed. is associated with women’s blood, the Cambridge, MA 02138, telephone (617) DATES: Lineal descendants or single cut and polished abalone shell 496–3702, email pcapone@ representatives of any Indian Tribe or bead fastened within the fringe at the fas.harvard.edu, by June 20, 2018. After Native Hawaiian organization not skirt’s bottom hem further supports the that date, if no additional claimants identified in this notice that wish to attribution of this skirt to the Coming of have come forward, transfer of control request transfer of control of these Age Ceremony. Museum documentation of the sacred objects and objects of human remains and associated funerary of the item as a ‘‘Very old fine Dance cultural patrimony to the Bear River object should submit a written request Skirt’’ supports the categorization of this Band of Rohnerville Rancheria, with information in support of the skirt as a specific ceremonial item. California; Blue Lake Rancheria, request to the Florida Department of According to consultation evidence and California; and Wiyot Tribe, California State, Division of Historical Resources at other supporting evidence this dance (previously listed as the Table Bluff the address in this notice by June 20, skirt would be used for multiple Reservation—Wiyot Tribe) may proceed. 2018. religious ceremonies, possibly including The Peabody Museum of Archaeology the Flower Ceremony, Jump Dance, and and Ethnology is responsible for ADDRESSES: Kathryn Miyar, Florida Brush Dance. notifying the Bear River Band of Department of State, Mission San Luis This cultural item meets the Rohnerville Rancheria, California; Blue Collections, 2100 West Tennessee definition of a sacred object because it Lake Rancheria, California; and Wiyot Street, Tallahassee, FL 32304, telephone is a specific ceremonial object required Tribe, California (previously listed as (850) 245–6301, email kathryn.miyar@ by the Wiyot for the practice of the Table Bluff Reservation—Wiyot dos.myflorida.com.

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SUPPLEMENTARY INFORMATION: Notice is B. Calvin Jones was sent by the • Pursuant to 25 U.S.C. 3001(2), there here given in accordance with the Department of State to investigate the is a relationship of shared group Native American Graves Protection and site. During his investigation, he identity that can be reasonably traced Repatriation Act (NAGPRA), 25 U.S.C. collected a small amount of additional between the Native American human 3003, of the completion of an inventory material from the site’s surface remains the associated funerary object of human remains and associated including the human remains belonging and The Tribes. funerary objects under the control of the to an adult (aged as approx. 20+ years Additional Requestors and Disposition Florida Department of State, Division of of age). Jones transferred the skeletal Historical Resources, Tallahassee, FL. remains of these two individuals and Lineal descendants or representatives The human remains and associated the associated funerary object to the of any Indian tribe or Native Hawaiian funerary object were removed from the Florida Department of State collections organization not identified in this notice FCI Borrow site, Jackson County, FL. in 1974, but they were not formally that wish to request transfer of control This notice is published as part of the cataloged until 1993. No known of these human remains and associated National Park Service’s administrative individuals were identified. The funerary object should submit a written responsibilities under NAGPRA, 25 associated funerary object recovered request with information in support of U.S.C. 3003(d)(3). The determinations in from the infant burial is a single shell the request to Kathryn Miyar, Florida this notice are the sole responsibility of pendant (Accession #93.163.01.01). Department of State, Mission San Luis the museum, institution, or Federal The site has been identified by Collections, 2100 West Tennessee agency that has control of the Native Archaeologist B. Calvin Jones as the Street, Tallahassee, FL 32304, telephone American human remains and location of a Native American (850) 245–6301, email kathryn.miyar@ associated funerary object. The National reservation designated by the 1823 dos.myflorida.com, by June 20, 2018. Park Service is not responsible for the Treaty of Moultrie Creek. The political After that date, if no additional determinations in this notice. situation at the time of the treaty was requestors have come forward, transfer unsettled, and Tribes present during the of control of the human remains and Consultation treaty meetings were described in associated funerary object to The Tribes A detailed assessment of the human historic accounts as Apalachicola, may proceed. remains was made by the Florida northern division of the Seminole, The Florida Department of State, Department of State, Division of Miccosukee, and Lower Creek. Some of Division of Historical Resources is Historical Resources professional staff the tribal leaders recorded as present responsible for notifying The Tribes that in consultation with representatives of during these meetings included this notice has been published. the Alabama-Coushatta Tribe of Texas Neamathla, Tuskihadjo, Emathlochee, Dated: April 30, 2018. (previously listed as the Alabama- Econchatomico, Yellow Hair, Mulatto Melanie O’Brien, Coushatta Tribes of Texas); Alabama- King, and John Blount. Descendants of Manager, National NAGPRA Program. Quassarte Tribal Town; Kialegee Tribal these groups now are members of Town; Miccosukee Tribe of Indians; several Indian Tribes, including the [FR Doc. 2018–10783 Filed 5–18–18; 8:45 am] Poarch Band of Creeks (previously listed Alabama-Coushatta Tribe of Texas BILLING CODE 4312–52–P as the Poarch Band of Creek Indians of (previously listed as the Alabama- Alabama); Seminole Tribe of Florida Coushatta Tribes of Texas); Alabama- DEPARTMENT OF THE INTERIOR (previously listed as the Seminole Tribe Quassarte Tribal Town; Coushatta Tribe of Florida (Dania, Big Cypress, Brighton, of Louisiana; Kialegee Tribal Town; National Park Service Hollywood & Tampa Reservations)); The Miccosukee Tribe of Indians; Poarch Muscogee (Creek) Nation; The Seminole Band of Creeks (previously listed as the [NPS–WASO–NAGPRA–NPS0025516; Nation of Oklahoma; and Thlopthlocco Poarch Band of Creek Indians of PPWOCRADN0–PCU00RP14.R50000] Tribal Town. The Florida Tribe of Alabama); Seminole Tribe of Florida Notice of Inventory Completion: Bess Eastern Creek Indians and Original (previously listed as the Seminole Tribe Bower Dunn Museum of Lake County, Miccosukee Simanolee Nation of of Florida (Dania, Big Cypress, Brighton, Libertyville, IL (Previously Known as Aboriginal People, non-federally Hollywood & Tampa Reservations)); The the Lake County Discovery Museum, recognized Indian groups, were also Muscogee (Creek) Nation; The Seminole Wauconda, IL) consulted. Nation of Oklahoma; and Thlopthlocco AGENCY: History and Description of the Remains Tribal Town, (hereafter referred to as National Park Service, Interior. ‘‘The Tribes’’). ACTION: Notice. In 1974, human remains representing, at minimum, two individuals were Determinations Made by the Florida SUMMARY: The Bess Bower Dunn removed from the FCI Borrow site in Department of State, Division of Museum of Lake County (previously Jackson County, FL. The human remains Historical Resources known as the Lake County Discovery of an infant (approx. one year of age) Officials of the Florida Department of Museum) has completed an inventory of were encountered during a fill mining State, Division of Historical Resources human remains and associated funerary excavation at the county-owned FCI have determined that: objects, in consultation with the Borrow pit. A Jackson County Sheriff’s • Pursuant to 25 U.S.C. 3001(9), the appropriate Indian Tribes or Native officer was called, and he removed the human remains described in this notice Hawaiian organizations, and has human remains and one associated represent the physical remains of two determined that there is a cultural funerary object (a shell pendant) from individuals of Native American affiliation between the human remains the site prior to notifying the ancestry. and associated funerary objects and Department of State. Turquoise green • Pursuant to 25 U.S.C. 3001(3)(A), present-day Indian Tribes or Native glass beads were also noted as being the one object described in this notice Hawaiian organizations. Lineal present in the infant burial, but they is reasonably believed to have been descendants or representatives of any crumbled when an attempt was made to placed with or near individual human Indian Tribe or Native Hawaiian remove them, and were, therefore, left remains at the time of death or later as organization not identified in this notice in situ and not collected. Archaeologist part of the death rite or ceremony. that wish to request transfer of control

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of these human remains and associated Tribe, North Dakota; Upper Sioux • Pursuant to 25 U.S.C. 3001(2), there funerary objects should submit a written Community, Minnesota; and the is a relationship of shared group request to the Bess Bower Dunn Winnebago Tribe of Nebraska. The identity that can be reasonably traced Museum of Lake County. If no following Tribes were also invited to between the Native American human additional requestors come forward, participate but were not involved in remains and associated funerary objects transfer of control of the human remains consultations: Citizen Potawatomi and the Ho-Chunk Nation of Wisconsin. and associated funerary objects to the Nation, Oklahoma; Iowa Tribe of Additional Requestors and Disposition lineal descendants, Indian Tribes, or Oklahoma; Omaha Tribe of Nebraska; Native Hawaiian organizations stated in Otoe-Missouria Tribe of Indians, Lineal descendants or representatives this notice may proceed. Oklahoma; Pawnee Nation of Oklahoma; of any Indian Tribe or Native Hawaiian DATES: Lineal descendants or Ponca Tribe of Nebraska; Prairie Band organization not identified in this notice representatives of any Indian Tribe or Potawatomi Nation (previously listed as that wish to request transfer of control Native Hawaiian organization not the Prairie Band of Potawatomi Nation, of these human remains and associated identified in this notice that wish to Kansas); Prairie Island Indian funerary objects should submit a written request transfer of control of these Community in the State of Minnesota; request with information in support of human remains and associated funerary Santee Sioux Nation, Nebraska; the request to Diana Dretske, Bess objects should submit a written request Shakopee Mdewakanton Sioux Bower Dunn Museum of Lake County, with information in support of the Community of Minnesota; Sisseton- 1899 West Winchester Road, request to the Bess Bower Dunn Wahpeton Oyate of the Lake Traverse Libertyville, IL 60048, telephone (847) Museum of Lake County at the address Reservation, South Dakota; Three 968–3400, email [email protected], by in this notice by June 20, 2018. Affiliated Tribes of the Fort Berthold June 20, 2018. After that date, if no additional requestors have come ADDRESSES: Diana Dretske, Bess Bower Reservation, North Dakota; and the forward, transfer of control of the Dunn Museum of Lake County, 1899 Yankton Sioux Tribe of South Dakota. human remains and associated funerary West Winchester Road, Libertyville, IL History and Description of the Remains objects to Ho-Chunk Nation of 60048, telephone (847) 968–3400, email Wisconsin may proceed. [email protected]. At an unknown date, human remains representing, at minimum, one The Bess Bower Dunn Museum of SUPPLEMENTARY INFORMATION: Notice is individual were removed from Decorah, Lake County is responsible for notifying here given in accordance with the the Cheyenne River Sioux Tribe of the Native American Graves Protection and Winneshiek County, IA. In 1957, the human remains were at the Moody Cheyenne River Reservation, South Repatriation Act (NAGPRA), 25 U.S.C. Dakota; Flandreau Santee Sioux Tribe of 3003, of the completion of an inventory Museum in McGregor, Clayton County, IA. On May 23, 1957, the human South Dakota; Ho-Chunk Nation of of human remains and associated Wisconsin; Iowa Tribe of Kansas and funerary objects under the control of the remains and the projectile point were sold to Robert Vogel of the Lake County Nebraska; Lower Sioux Indian Bess Bower Dunn Museum of Lake Community in the State of Minnesota; County, Libertyville, IL. The human History Museum, Wadsworth, IL. No known individuals were identified. The Peoria Tribe of Indians of Oklahoma; remains and associated funerary objects Ponca Tribe of Indians of Oklahoma; were removed from Decorah, one associated funerary object is a projectile point. Sac & Fox Nation of Missouri in Kansas Winneshiek County, IA. and Nebraska; Sac & Fox Nation, This notice is published as part of the The projectile point was embedded in the skull at the time of death. The Oklahoma; Sac & Fox Tribe of the National Park Service’s administrative Mississippi in Iowa; Spirit Lake Tribe, responsibilities under NAGPRA, 25 individual might have lived about six months after being struck by the North Dakota; Upper Sioux Community, U.S.C. 3003(d)(3). The determinations in Minnesota; and the Winnebago Tribe of this notice are the sole responsibility of projectile point, based on evidence of bone growth resulting from normal Nebraska that this notice has been the museum, institution, or Federal published. agency that has control of the Native healing. Decorah, IA, is described by American human remains and tribal oral tradition as belonging to the Dated: April 30, 2018. associated funerary objects. The Ho-Chunk Nation of Wisconsin Melanie O’Brien, National Park Service is not responsible territory. Decorah, IA, is also part of the Manager, National NAGPRA Program. for the determinations in this notice. ‘‘Neutral Ground’’ included in land [FR Doc. 2018–10782 Filed 5–18–18; 8:45 am] cessions by the Ho-Chunk Nation to the BILLING CODE 4312–52–P Consultation United States Government in 1832 and A detailed assessment of the human 1846. remains was made by the Bess Bower Determinations Made by the Bess INTERNATIONAL TRADE Dunn Museum of Lake County Bower Dunn Museum of Lake County COMMISSION professional staff in consultation with representatives of Cheyenne River Sioux Officials of the Bess Bower Dunn [Investigation No. 731–TA–472 (Fourth Tribe of the Cheyenne River Museum of Lake County have Review)] Reservation, South Dakota; Flandreau determined that: Silicon Metal From China Santee Sioux Tribe of South Dakota; Ho- • Pursuant to 25 U.S.C. 3001(9), the Chunk Nation of Wisconsin; Iowa Tribe human remains described in this notice Determination of Kansas and Nebraska; Lower Sioux represent the physical remains of one On the basis of the record 1 developed Indian Community in the State of individual of Native American ancestry. in the subject five-year review, the Minnesota; Peoria Tribe of Indians of • Pursuant to 25 U.S.C. 3001(3)(A), United States International Trade Oklahoma; Ponca Tribe of Indians of the one object described in this notice Commission (‘‘Commission’’) Oklahoma; Sac & Fox Nation of are reasonably believed to have been placed with or near individual human Missouri in Kansas and Nebraska; Sac & 1 The record is defined in sec. 207.2(f) of the Fox Nation, Oklahoma; Sac & Fox Tribe remains at the time of death or later as Commission’s Rules of Practice and Procedure (19 of the Mississippi in Iowa; Spirit Lake part of the death rite or ceremony. CFR 207.2(f)).

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determines, pursuant to the Tariff Act of Act’s provisions limiting the recovery of Electronic Solutions Inc., Lansdale, PA; 1930 (‘‘the Act’’), that revocation of the antitrust plaintiffs to actual damages Cole Engineering Services, Inc., antidumping duty order on silicon under specified circumstances. Orlando, FL; Colorado Engineering, Inc., metal from China would be likely to Specifically, AFP Consortium, Corvallis, Colorado Springs, CO; Contego lead to continuation or recurrence of OR, has been added as a party to this Research, LLC, Webb City, MO; material injury to an industry in the venture. Darkblade Systems Corporation, United States within a reasonably No other changes have been made in Stafford, VA; DESE Research, Inc., foreseeable time.2 either the membership or planned Huntsville, AL; Double ‘‘B’’ Enterprises, activity of the group research project. LLC, Mineola, IN; DroneShield LLC, Background Membership in this group research Warrenton, VA; DRS Power Technology, The Commission, pursuant to section project remains open, and 3D PDF Inc., Fitchburg, MA; Elroy Air Inc., San 751(c) of the Act (19 U.S.C. 1675(c)), intends to file additional written Francisco, CA; Exquadrum, Inc., instituted this review on March 1, 2017 notifications disclosing all changes in Adelanto, CA; Global Ordnance LLC, (82 FR 12234) and determined on June membership. Sarasota, FL; GTDS America, LLC, 5, 2017 that it would conduct a full On March 27, 2012, 3D PDF filed its Newbury, MA; Hernon Manufacturing review (82 FR 27525, June 15, 2017). original notification pursuant to Section Inc., Sanford, FL; Ibis Tek, Inc., Butler, Notice of the scheduling of the 6(a) of the Act. The Department of PA; Insight International Technology Commission’s review and of a public Justice published a notice in the Federal LLC, Huntsville, AL; Jacobs Technology hearing to be held in connection Register pursuant to Section 6(b) of the Inc., Fort Walton Beach, FL; Jim Sutton therewith was given by posting copies Act on April 20, 2012 (77 FR 23754). & Associates LLC, Woodbridge, VA; of the notice in the Office of the The last notification was filed with Kongsberg Protech Systems USA Secretary, U.S. International Trade the Department on September 29, 2017. Corporation, Johnstown, PA; Loch Commission, Washington, DC, and by A notice was published in the Federal Harbour Group, Inc., Alexandria, VA; publishing the notice in the Federal Register pursuant to Section 6(b) of the Military Systems Group, Inc., Nashville, Register on November 24, 2017 (82 FR Act on October 31, 2017 (82 FR 50444). TN; MTI Partners LLC dba Metal 55858). The hearing was held in Patricia A. Brink, Technology, Albany, OR; Near Earth Washington, DC, on March 20, 2018, Autonomy, Inc., Pittsburgh, PA; and all persons who requested the Director of Civil Enforcement, Antitrust Division. Nexagen Networks, Inc., Morganville, opportunity were permitted to appear in NJ; Orbital Sciences Corporation, person or by counsel. [FR Doc. 2018–10689 Filed 5–18–18; 8:45 am] Chandler, AZ; Parsons Government The Commission made this BILLING CODE 4410–11–P Services, Pasadena, CA; Phygen Coating, determination pursuant to section Inc., Minneapolis, MN; Plasan North 751(c) of the Act (19 U.S.C. 1675(c)). It DEPARTMENT OF JUSTICE America, Inc., Walker, MI; Progeny completed and filed its determination in Systems Corporation, Manassas, VA; this review on May 15, 2018. The views Antitrust Division Quantum Ventura Inc., Los Angeles, CA; of the Commission are contained in River Front Services, Incorporated, USITC Publication 4783 (May 2018), Notice Pursuant to the National Chantilly, VA; SCI Technology, Inc., entitled Silicon Metal from China: Cooperative Research and Production Huntsville, AL; Simmonds Precision Investigation No. 731–TA–472 (Fourth Act of 1993—National Armaments Products Inc., Vergennes, VT; SPARC Review). Consortium Research LLC, Broad Run, VA; Special By order of the Commission. Aerospace Services LLC, Boulder, CO; Notice is hereby given that, on April Issued: May 15, 2018. Specialized Technical Systems, LLC, 19, 2018, pursuant to Section 6(a) of the Tewksbury, MA; Spectre Enterprises, Lisa Barton, National Cooperative Research and Secretary to the Commission. West Palm Beach, FL; STAR Dynamics Production Act of 1993, 15 U.S.C. 4301 Corporation, Hilliard, OH; Strategic [FR Doc. 2018–10718 Filed 5–18–18; 8:45 am] et seq. (‘‘the Act’’), National Armaments Technology Consulting, Toms River, NJ; BILLING CODE 7020–02–P Consortium (‘‘NAC’’) has filed written TriVector Services, Inc., Huntsville, AL; notifications simultaneously with the TRX Systems, Inc., Greenbelt, MD; W. S. Attorney General and the Federal Trade Darley & Co., Itasca, IL; Whitespace DEPARTMENT OF JUSTICE Commission disclosing changes in its Innovations, Inc., Huntsville, AL; Wulco membership. The notifications were Antitrust Division Co. Inc. dba Jet Machine and filed for the purpose of extending the Manufacturing Co. Inc., Cincinnati, OH, Act’s provisions limiting the recovery of Notice Pursuant to the National have been added as parties to this antitrust plaintiffs to actual damages Cooperative Research and Production venture. under specified circumstances. Act of 1993—3D PDF Consortium, Inc. Also, Houston Mechatronics, Webster, Specifically, Aeronix, Inc., Melbourne, TX; RTI Advanced Powder Materials, Notice is hereby given that, on April FL; Altavian Inc., Gainesville, FL; Burlington, MA; and UNC Charlotte 25, 2018, pursuant to Section 6(a) of the Asymmetric Technologies, LLC, Research Institute, Charlotte, NC, have National Cooperative Research and Columbus, OH; AURA Technologies, withdrawn as parties to this venture. Production Act of 1993, 15 U.S.C. 4301 LLC, Raleigh, NC; Azimuth Corporation, No other changes have been made in et seq. (‘‘the Act’’), 3D PDF Consortium, Beavercreek, OH; Bren-Tronics, Inc., either the membership or planned Inc. (‘‘3D PDF’’) has filed written Commack, NY; Broden Resource activity of the group research project. notifications simultaneously with the Solutions LLC, Orono, MN; Bruker Membership in this group research Attorney General and the Federal Trade Detection Corporation, Billerica, MA; C3 project remains open, and NAC intends Commission disclosing changes in its Engineering LLC, Baltimore, MD; CACI, to file additional written notifications membership. The notifications were Inc.,—Federal, Chantilly, VA; Central disclosing all changes in membership. filed for the purpose of extending the Screw Products dba Detroit Gun Works, On May 2, 2000, NAC filed its original Troy, MI; CeraNova Corporation, notification pursuant to Section 6(a) of 2 Commissioner Jason Kearns not participating. Marlborough, MA; Cobham Advanced the Act. The Department of Justice

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published a notice in the Federal Act on December 13, 2016 (81 FR The last notification was filed with Register pursuant to Section 6(b) of the 89991). the Department on April 26, 2017. A notice was published in the Federal Act on June 30, 2000 (65 FR 40693). Patricia A. Brink, The last notification was filed with Register pursuant to Section 6(b) of the Director of Civil Enforcement, Antitrust Act on May 22, 2017 (82 FR 23298). the Department on January 31, 2018. A Division. notice was published in the Federal [FR Doc. 2018–10698 Filed 5–18–18; 8:45 am] Patricia A. Brink, Register pursuant to Section 6(b) of the BILLING CODE 4410–11–P Director of Civil Enforcement, Antitrust Act on March 12, 2018 (83 FR 10752). Division. [FR Doc. 2018–10700 Filed 5–18–18; 8:45 am] Patricia A. Brink, DEPARTMENT OF JUSTICE BILLING CODE 4410–11–P Director of Civil Enforcement, Antitrust Division. Antitrust Division [FR Doc. 2018–10702 Filed 5–18–18; 8:45 am] Notice Pursuant to the National BILLING CODE 4410–11–P Cooperative Research and Production OFFICE OF MANAGEMENT AND Act of 1993—International Electronics BUDGET DEPARTMENT OF JUSTICE Manufacturing Initiative Uniform Administrative Requirements, Notice is hereby given that, on April Cost Principles, and Audit Antitrust Division 26, 2018, pursuant to Section 6(a) of the Requirements National Cooperative Research and Notice Pursuant to the National Production Act of 1993, 15 U.S.C. 4301 AGENCY: Executive Office of the Cooperative Research and Production et seq. (‘‘the Act’’), International President, Office of Management and Act of 1993—Cooperative Research Electronics Manufacturing Initiative Budget. Group on Advanced Engine Fluids (‘‘iNEMI’’) has filed written notifications ACTION: Notice. simultaneously with the Attorney Notice is hereby given that, on April General and the Federal Trade SUMMARY: This Notice announces the 13, 2018, pursuant to Section 6(a) of the Commission disclosing changes in its availability of the 2018 OMB 2 CFR part National Cooperative Research and membership. The notifications were 200, Subpart F—Audit Requirements, Production Act of 1993, 15 U.S.C. 4301 filed for the purpose of extending the Appendix XI—Compliance Supplement et seq. (‘‘the Act’’), Southwest Research Act’s provisions limiting the recovery of (2018 Supplement). This Notice also Institute—Cooperative Research Group antitrust plaintiffs to actual damages offers interested parties an opportunity on Advanced Engine Fluids (‘‘AEF’’) has under specified circumstances. to comment on the 2018 Supplement. filed written notifications Specifically, Autodesk, Inc., San Rafael, The 2018 Supplement is not a full simultaneously with the Attorney CA; HP, Inc., Houston, TX; Kulicke & update on the 2017 Supplement and General and the Federal Trade Soffa Industries, Inc., SINGAPORE; only amends the following programs Commission disclosing changes in its KYZEN Corporation, Nashville, TN; with major changes, and adds guidance membership. The notifications were Momentum Technologies, Inc., Dallas, in Part 3.I, Procurement and Suspension filed for the purpose of extending the TX; and The Comet Group, Wunnewil- and Debarment and Appendix VII of the Act’s provisions limiting the recovery of Flamatt, SWITZERLAND, have been Supplement. antitrust plaintiffs to actual damages added as parties to this venture. DATES: The 2018 Supplement under specified circumstances. Also, Delphi Corporation, Troy, MI; complements the 2017 Supplement and Specifically, Sinopec Research Institute Exponent Failure Analysis Associates, applies to audits of fiscal years of Petroleum Processing, Beijing, Inc., Menlo Park, CA; Henkel, beginning after June 30, 2017. All PEOPLE’S REPUBLIC OF CHINA, has Du¨ sseldorf, GERMANY; METech programs, Parts and Appendices been added as a party to this venture. Recycling, Clinton, MA; Oak-Mitsui, contained in the 2017 Compliance Camden, SC; and Unitec Also, Caterpillar Inc., Lafayette, IN; Supplement that are not listed for Semiconductors, Veneza-Ribeirao das Cummins Inc., Columbus, IN; and updates in the section above remain Neves, BRAZIL, have withdrawn as Infineum USA L.P., Linden, NJ, have unchanged and applicable for audits. parties to this venture. withdrawn as parties to this venture. Thus, the 2018 Supplement must be In addition, Dow Electronic Materials used in conjunction with the 2017 No other changes have been made in and Dupont Electronics & Supplement to perform audits. either the membership or planned Communications have merged to activity of the group research project. become DowDuPont Electronics & ADDRESSES: All comments on the 2018 Membership in this group research Imaging, Wilmington, DE. Supplement must be in writing and project remains open, and AEF intends No other changes have been made in received by July 31, 2018. Late to file additional written notifications either the membership or planned comments will be considered to the disclosing all changes in membership. activity of the group research project. extent practicable. Comments will be reviewed and addressed, when On March 20, 2015, AEF filed its Membership in this group research project remains open, and iNEMI appropriate, in the 2019 Compliance original notification pursuant to Section intends to file additional written Supplement. 6(a) of the Act. The Department of notifications disclosing all changes in Due to potential delays in OMB’s Justice published a notice in the Federal membership. receipt and processing of mail sent Register pursuant to Section 6(b) of the On June 6, 1996, iNEMI filed its through the U.S. Postal Service, we Act on April 22, 2015 (80 FR 22551). original notification pursuant to Section encourage respondents to submit The last notification was filed with 6(a) of the Act. The Department of comments electronically to ensure the Department on October 21, 2016. A Justice published a notice in the Federal timely receipt. We cannot guarantee that notice was published in the Federal Register pursuant to Section 6(b) of the comments mailed will be received Register pursuant to Section 6(b) of the Act on June 28, 1996 (61 FR 33774). before the comment closing date.

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Electronic mail comments may be • 84.010—Title I Grants to Local Census Address List. For information submitted to: Hai_M._Tran@ Educational Agencies purposes, this notice also describes the omb.eop.gov. Please include ‘‘2 CFR • 84.011—Migrant Education—State LUCA Feedback materials that the part 200 Subpart F—Audit Grant Program Census Bureau will provide to Requirements, Appendix XI— • 84.282—Charter Schools participating governments and how Compliance Supplement—2018’’ in the • 84.365—English Language those governments can use the materials subject line and the full body of your Acquisition State Grants as the basis for an appeal. comments in the text of the electronic • 84.367—Supporting Effective The 2020 Census LUCA Operation message and as an attachment. Please Instruction State Grants was available to tribal, state, and local • include your name, title, organization, 84.424—Student Support and governments located in areas for which postal address, telephone number, and Academic Enrichment Program the Census Bureau develops an address • email address in the text of the message. Student Financial Aid Cluster list in advance of the census. The Comments may also be submitted via The following two programs in the Bureau issued final procedures for facsimile at 202–395–3952. 2017 Supplement are deleted in the participation in the 2020 Census LUCA Comments may be mailed to Gilbert 2018 Supplement: Operation in a Federal Register Notice Tran, Office of Federal Financial • 84.377—School Improvement Grants Vol. 81. No. 215 on November 7, 2016. Management, Office of Management and • 84.395—State Fiscal Stabilization Request for Comments: OMB is Budget, 725 17th Street NW, Room Fund (SFSF)—Race-to-the-Top seeking comments on the proposed 6025, New Executive Office Building, Incentive Grants, Recovery Act procedures for the 2020 Census LUCA Washington, DC 20503. Appeals Process. Comments submitted Comments may also be sent through Department of Health and Human Services (DHHS) in response to this notice may be made http://www.regulations.gov—a Federal available to the public, including by E-Government website that allows the • CFDA 93.224, CFDA 93.527—Health posting them on OMB’s website. For public to find, review, and submit Center Program Cluster this reason, please do not include in • comments on documents that agencies CFDA 93.508, CFDA 93.872—Tribal your comments information of a have published in the Federal Register Maternal, Infant, and Early Childhood confidential nature, such as sensitive and that are open for comment. Simply Home Visiting Program Cluster • personal information or proprietary type ‘‘2 CFR part 200 Subpart F—Audit CFDA 93.575, CFDA 93.596—CCDF information. If you send an email Requirements, Appendix XI— Cluster • comment, your email address will be Compliance Supplement—2018’’ (in CFDA 93.600—Head Start automatically captured and included as quotes) in the Comment or Submission Social Security Administration (SSA) part of the comment that is placed in the search box, click Go, and follow the public docket. Please note that • CFDA 96.001, CFDA 96.006— instructions for submitting comments. responses to this public comment Disability Insurance/SSI Cluster Due Comments received through the website request containing any routine notice to its length, a link to the 2018 by the date specified above will be about the confidentiality of the Supplement is included in this Notice included as part of the official record. communication will be treated as public under the ADDRESSES section below. The 2018 Supplement is available comments that may be made available to online on the OMB home page at Regina Kearney, the public notwithstanding the https://www.whitehouse.gov/omb/ Acting Deputy Controller. inclusion of the routine notice. offices/offm. [FR Doc. 2018–10567 Filed 5–18–18; 8:45 am] Electronic Availability: This notice is FOR FURTHER INFORMATION CONTACT: BILLING CODE 3110–01–P available on the internet from the OMB Recipients and auditors should contact website at https://www.whitehouse.gov/ their cognizant or oversight agency for omb/. Federal Register notices are also audit, or Federal awarding agency, as OFFICE OF MANAGEMENT AND available electronically at https:// appropriate under the circumstances. BUDGET www.federalregister.gov/. The Federal agency contacts are listed DATES: To ensure consideration during in Appendix III of the Supplement. Procedures for Participating in the the decision-making process, OMB must Subrecipients should contact their pass- Appeals Process for the 2020 Census receive all comments in writing on or through entity. Federal agencies should Local Update of Census Addresses before 30 days from publication of this contact Gilbert Tran, Office of Operation (LUCA) notice. Management and Budget, Office of ADDRESSES: Federal Financial Management, at (202) AGENCY: Office of Information and Comments concerning the 395–3052. Regulatory Affairs, Executive Office of proposed appeals procedure may be addressed to: Nancy Potok, Chief SUPPLEMENTARY INFORMATION: The the President, Office of Management and Budget. Statistician, Office of Management and programs/clusters in Parts 4 and 5 with Budget, fax number (202) 395–7245— updates are as follows: ACTION: Notice and request for comments. Email comments may be sent to Department of Transportation (DOT) MBX.OMB.OIRA.2020LUCA • CFDA 20.205, 20.219, 20.224, SUMMARY: As part of implementing the [email protected], with the 23.003—Highway Planning and Census Address List Improvement Act subject 2020 Appeals Process. Construction Cluster of 1994, the Office of Management and Alternatively, comments may also be • CFDA 20.319—High-Speed Rail Budget (OMB) requests public comment sent via http://www.regulations.gov. a Corridors and Intercity Passenger Rail on the Appeals Process whereby tribal, Federal E-Government website that Service—Capital Assistance Grants state, and local governments allows the public to find, review, and • CFDA 20.500, 200.507, 20.525, participating in the 2020 Census Local submit comments on documents that 20.526—Federal Transit Cluster Update of Census Addresses Operation agencies have published in the Federal (LUCA) may appeal determinations Register and that are open for comment. Department of Education (ED) made by the Census Bureau with respect Simply type ‘‘Local Update of Census • 84.000—Cross-Cutting Section to their suggested changes to the 2020 Addresses’’ (in quotes) in the Comment

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or Submission search box, click Go, and appropriate, for use by the Census The 2020 Census LUCA Address follow the instructions for submitting Bureau. Validation Process The Act authorizes the Census Bureau comments. Comments received with the All addresses submitted by LUCA to provide designated officials of tribal, subject ‘‘2020 Appeals Process’’ by the participants are validated by the Census state, and local governments with access date specified above will be included as Bureau. During LUCA validation, to census addresses information. Prior part of the official record. Census Bureau staff add, delete, and to the 2000 Census, the Census Bureau Correspondence about the 2020 correct entries on the Census Address was limited to providing block summary Census LUCA Operation should be sent List and make needed corrections to totals of addresses to tribal and local to Robin Pennington, Deputy Chief, census maps based on LUCA governments. The 2000 Census marked Decennial Program Management Office, submissions. The Census Bureau U.S. Census Bureau, Washington, DC the first decennial census where tribal and local governments were able to provides feedback to LUCA participants, 20233, telephone (301) 763–8132, email conveying the Bureau’s determinations [email protected]. review the census address list. The 2010 Census was the first decennial census to on their submission of additions and Because of delays in the receipt of updates to census address information. regular mail due to security screening, invite state governments to participate you are encouraged to use electronic in the LUCA program. The 2020 Census LUCA Feedback communications to transmit your The Census Bureau’s 2020 Census Materials comments in order to ensure timely LUCA Operation The Census Bureau will provide receipt. As mentioned above, the 2020 Census LUCA Feedback materials to qualifying governmental jurisdictions as the FOR FURTHER INFORMATION CONTACT: For LUCA Operation is governed by information about the proposed Appeals procedures finalized and issued in Census Bureau creates those materials Process, contact Kerrie Leslie, Office of November, 2016. This section provides over the span of roughly 6 weeks Management and Budget, 9215 New more detail on the process that tribal, starting in June 2019 and ending in Executive Office Building, Washington, state, and local governments use to August 2019. LUCA participants will DC 20503, telephone (202) 395–1093. participate in the 2020 Census LUCA receive their feedback materials in the For information about the Census Operation. same media format that they requested Bureau’s 2020 Census LUCA Operation, For the 2020 Operation, participating for the initial LUCA review materials. contact Robin Pennington, Deputy governmental jurisdictions review and The Census Bureau will provide the Chief, Decennial Program Management provide updates to the census address LUCA Feedback materials after Office, U.S. Census Bureau, list. Participants opt to receive materials completing the following steps: Washington, DC 20233, telephone (301) in paper or computer-readable formats, (1) For jurisdictions that submitted 763–8132, email robin.a.pennington@ or use Census Bureau supplied software address updates to the LUCA Address census.gov. to update their jurisdiction’s map List, the Census Bureau will review and features and address list. Jurisdictions apply each correctly formatted SUPPLEMENTARY INFORMATION: with more than 6,000 addresses are participant address update to its address The Census Address List Improvement required to participate using a list, adding any new addresses not Act of 1994 computer-readable address list or the already on its list. Census Bureau supplied software. All (2) The Census Bureau will verify the The Census Address List LUCA participants are required to participant suggested address updates Improvement Act of 1994 (Pub. L. 103– ‘‘geocode’’ each address they add (i.e., (additions, corrections, deletions, etc.) 430) mandates the establishment of a identify for an individual address its to ensure that all address updates and program to be used by the Census correct geographic location including additions exist and that they are in the Bureau for developing the decennial the latitude/longitude coordinate correct census block. census address list and address lists for location or the correct state, county, Described below are the LUCA other censuses and surveys conducted census tract, and census block codes). Feedback materials that LUCA by the Bureau. The Act’s provisions The census tract and census block Operation participants will receive. direct the Secretary of Commerce to: (1) numbers are displayed on the Census The Census Bureau will provide Publish standards defining the content Bureau supplied maps, digital LUCA Feedback materials to tribal, and structure of address information shapefiles and software tools. state, or local governments that took any that tribal, state, and local governments Additionally, all LUCA participants can of the following actions: may submit to be used for developing a make updates and corrections to the (1) Submitted updates (i.e., additions, national address list; (2) develop and features on the Census Bureau supplied corrections, deletions) to city-style publish a timetable for the Census maps or digital shapefiles. addresses on the LUCA Address List. Bureau to receive, review, and respond All participants are required to sign a (2) Certified to the Census Bureau at to submissions; and (3) provide a Confidentiality Agreement in the end of their LUCA review that the response to the submissions regarding accordance with Title 13, United States LUCA Address List was correct and the Census Bureau’s determination for Code (U.S.C.) to maintain the needed no update. each address. The Act provides further confidentiality of the census address The LUCA Feedback materials that that OMB’s Administrator of the Office information they received from the the Census Bureau will provide to each of Information and Regulatory Affairs, Census Bureau for review. Participants participating government will document acting through the Chief Statistician and receive the LUCA Address List, Address which local address additions and in consultation with the Census Bureau, Count List (providing a count of updates the Census Bureau accepted or shall develop a process for tribal, state, addresses within each census block), did not accept. The LUCA Feedback and local governments to appeal and census maps or digital shapefiles of materials include: determinations of the Census Bureau. their jurisdiction. Participants are (1) A Full Address List that contains The Act also directs the U.S. Postal required to have the means to secure the all of the residential addresses currently Service to provide the Secretary of census address list containing Title 13 recorded in the Census Address List Commerce with address information, as information. within the participant’s jurisdiction.

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This address list will reflect the results scheduled to conclude its review of To appeal the Census Bureau’s of the jurisdiction’s participation in appeal submissions by January 31, 2020. deletion of an address during a previous LUCA. Specific eligibility criteria and detailed operation that was not previously (2) A Detailed Feedback Address List requirements for Appeal submissions commented on by the participant during that shows each address record addition are provided below. its initial LUCA review (as indicated for and update submitted by the participant that address on the Detailed Feedback B. Appeal Procedures for LUCA and a processing code that identifies a Address List), provide the following Participants specific action taken by the Census items of information for each appealed Bureau on that address record. 1. Eligibility Criteria for Filing an address: (3) A Full Address Count List that Appeal (1) Complete address (including the shows the current residential address house number, unit designator if Participants who (1) returned counts, including those for housing applicable, street name and ZIP Code) or additions to or corrections of the 2020 units and group quarters, for each if there is no address a location Census Address List, or (2) certified to census block within the participant’s description of the housing unit or other the Census Bureau after their LUCA jurisdiction. living quarters. (4) A Feedback Address Update review that the 2020 Census Address (2) Control ID number, as provided by Summary Report that displays the List was correct and required no update the Census Bureau for each address tallies of actions taken by the Census are eligible to file an Appeal. record as part of the feedback address Bureau for all of the address updates Eligible governments may appeal (1) list. submitted by the participant. address additions and corrections they (3) Participant submitted action code. (5) Feedback maps include feature provided after their initial review of the (4) Census Bureau’s Processing Code. updates provided by the participant. 2020 Census Address List that the Geographic location of the address: Census Bureau did not accept, (2) The OMB Office of Information and (5) Census Tract number and Census addresses that were deleted from the Regulatory Affairs Administrator’s Block number, or 2020 Census Address List by the Census Proposed 2020 Census LUCA Appeals (6) Latitude/Longitude coordinate Bureau during subsequent operations Process location. that were not commented on by To ensure that tribal, state, and local participants during their initial LUCA 4. Supporting Documentation governments participating in the 2020 review. Eligible participants must provide Census LUCA Operation have a means When filing an Appeal, eligible LUCA supporting documentation for each to appeal the Census Bureau’s Operation participants must provide (1) appealed address as specified below. determinations, the Census Address List contact information for the The appeals decisions will be based on Improvement Act of 1994 requires that governmental jurisdiction filing the a review of documentation provided by the Administrator of OMB’s Office of Appeal, (2) address information for each the eligible government and the Census Information and Regulatory Affairs address being appealed, and (3) Bureau. Eligible governments must (OIRA), acting through the Chief supporting documentation that submit the following supporting Statistician and in consultation with the substantiates the existence and/or documentation with their Appeals: Census Bureau, develop an Appeals location of each address being appealed 1. A written explanation that gives the Process to resolve any disagreements as specified below. eligible government’s specific that may remain after participating recommendations for how each address governments receive the Census 2. Contact Information and location being appealed should Bureau’s LUCA Feedback materials. Eligible participants must provide the appear on the 2020 Census Address List. This section describes the proposed following contact information for the 2. A written statement that outlines procedures for that Appeals Process. governmental jurisdiction filing the the eligible government’s position for why the Appeals Staff should adopt its A. Overview of the Proposed Appeals Appeal: recommendations. The statement must Process a. Name of the governmental jurisdiction, and specifically respond to the explanation Governmental jurisdictions that that accompanied the Census Bureau’s participated in LUCA and completed a b. Name, mailing address, telephone number, and electronic mail address (if LUCA Feedback materials. review of LUCA materials may file an 3. For each address (or group of any) of that jurisdiction’s contact person Appeal if they meet specified eligibility addresses), supporting documentary for the Appeal. criteria. When filing an appeal, eligible evidence—including a reference to the participants must include supporting 3. Address Information exact location on the supporting documentation that substantiates the documentation where the Appeals Staff Address information may be existence and location of each appealed can find specific evidence—supporting submitted in computer-readable form or address. Eligible participants may file the eligible government’s position with on paper. Technical requirements for an Appeal with the LUCA Appeals Staff, respect to the existence or correctness of the format of address information will a temporary Federal entity set up to that address. Useful types of supporting be included with the feedback materials administer the Appeals Process. After evidence include: the participant receives from the Census notification by the Appeals Staff that an (a) Documentation of on-site Bureau. eligible participant has appealed, the inspection and/or interview of residents Census Bureau will have 15 calendar a. To appeal the Census Bureau’s and/or neighbors; days to respond to the Appeal. Appeal rejection of an address that was (b) Issuance of recent occupancy decisions will be based solely on a submitted to be added to, or corrected permit for unit. Building permits are not review of written documentation on, the Census Address List (as acceptable as they do not ensure that the provided to the Appeals Staff by the evidenced by the Census Bureau’s final units have been built; eligible government and the Census determination code for that address on (c) Provision of utilities (electricity, Bureau. The decision of the Appeals the Detailed Feedback Address List), gas, sewer, water, telephone, etc.) to the Staff will be final. The Appeals Staff is OR residence. The utility record should

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show that this is not a service to a supplied in the feedback materials. (or group of addresses) and its (their) commercial unit, or an additional Upon receipt of an Appeal, the LUCA location(s). service to an existing residence (such as Appeals Staff will send a confirmation a. Indicators demonstrating quality of a second telephone line); to the eligible jurisdiction that its the map or address reference source (d) Provision of other governmental Appeal has been received. The Appeals may include, but are not limited to, services (housing assistance, welfare, Staff also will notify the Census Bureau timeliness, update methods and etc.) to residents of the unit; that the Appeal has been filed. frequency, provenance, and congruence (e) Photography, including aerial E. Documentation and Supporting with other sources. For example, useful photography; supporting evidence may include, but (f) Land use maps; Evidence That May be Submitted by the Census Bureau would not be limited to, local data (g) Local 911 emergency lists, if they sources like recent documentation of an distinguish residential from commercial During the Appeals Process on-site inspection, aerial photography, units; and provision of utilities to the (h) Tax assessment records, if they The Census Bureau is not required to distinguish residential from commercial respond to the Appeal or to provide any residence. units. materials in support of its 2. For any address for which the 4. Evidence that demonstrates the determination. Upon receipt of Appeals Officer determines that the quality of address or map reference notification that an Appeal has been quality of the supporting evidence sources provided as supporting filed, the Census Bureau will have 15 submitted by both parties is of equal evidence such as: calendar days in which it may (if the weight, the Appeals Officer shall decide (a) Date of the address source; Census Bureau so chooses): in favor of the eligible government. (b) How often the address source is 1. Submit to the LUCA Appeals Staff At the conclusion of the review of an updated; written documentation briefly appealed address (or group of (c) Methods used to update the summarizing its position as well as any addresses), the Appeals Officer will source; supporting evidence concerning the prepare a draft written determination. (d) Quality assurance procedure(s) appealed addresses, The draft written determination will be used in maintaining the address source; reviewed by a higher-level official on (e) How the address source is used by OR the Appeals Staff. The Director of the the eligible government and/or by the 2. Submit to the Appeals Staff a Appeals Staff (or his or her designee) originator of the source. written statement agreeing to the will then issue a final written All Appeal documentation must be recommendation(s) in the Appeal. determination to both the eligible filed with the Appeals Staff within 45 If the Census Bureau submits any government and the Census Bureau. The calendar days after the eligible written documentation to the Appeals final written determination will include government’s receipt of its LUCA Staff to support its position, the Census a brief explanation of the Appeals Staff’s Feedback materials. The eligible Bureau at the same time must send a decision, and will specify how the jurisdiction may not submit any copy of its submission to the eligible appealed address (es) or its (their) materials to the Appeals Staff after the government. The Census Bureau may location(s) should appear on the 2020 45-day period has elapsed. not submit any materials to the Appeals Census Address List. Each final written C. Deadline for an Eligible Government Staff after the 15-day period has determination shall become part of the To File Appeals elapsed. administrative record of the Appeals Appeals must be filed by the eligible F. The Appeals Review and Final Process. government within 45 calendar days Decision Process The Appeals Staff’s decision is final. after that government’s receipt of the The Census Bureau will include all The Appeals Process will be LUCA Feedback materials. ‘‘Receipt’’ as addresses added to, or corrected in, the administered by the 2020 Census LUCA used herein is defined as the delivery 2020 Census Address List as a result of Appeals Staff, which will be setup for date reported to the Census Bureau by the Appeals Process, and attempt to the delivery service that transmits the approximately 18 months by the Census locate and enumerate them. Inclusion of feedback materials to the eligible Bureau as a temporary Federal entity. an address on the list does not mean government. In order to safeguard the The Appeals Staff will include Appeals that a living quarters or its inhabitants confidential address materials covered Officers who are trained in the are actually at the address, or that the by Title 13, the transmitting of an procedures for processing an Appeal address will be included in the final Appeal to the LUCA Appeals Staff must and in the examination and analysis of 2020 data summaries. The census-taking adhere to the Census Bureau’s specific address list information, locations of process will determine the inclusion guidelines for handling materials addresses and housing units, and status of the address—whether or not it supplied with the feedback materials. supporting materials. is actually a housing unit—and the final The eligible government should For each Appeal, an Appeals Officer population and housing unit status for transmit its appeal materials to the will review the Census Bureau’s each address. feedback materials and the written Appeals Staff following the instructions G. Completion of the Appeals Process outlined in the guidelines for handling documentation and supporting evidence materials, and must keep a record of the submitted by the eligible government Appeals reviews will be completed date it transmits these materials. The and the Census Bureau. No testimony or and written determination issued to the ‘‘filing date’’ for the Appeals shall be the oral argument will be received by the concerned parties as soon as possible. date the Appeal is transmitted. All Appeals Officer. Appeals Officers will The Appeals Process is scheduled to be Appeals filed after the deadline will be apply the following principles in completed by the end of January 2020. conducting their review: denied as untimely. Executive Orders 12866 and 13771 1. The Appeals Officer shall consider D. Where To File an Appeal the quality of the map or address This proposed procedural notice is Appeals must be sent to the LUCA reference source as the basis for not a significant regulatory action under Appeals Staff following the instructions determining the validity of an address Executive Order 12866. In addition, this

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proposed notice is not an E.O. 13771 FOR FURTHER INFORMATION CONTACT: proposed collection of information regulatory action. Gerard Poliquin, Secretary of the Board, including the validity of the Telephone: 703–518–6304 methodology and assumptions used; Paperwork Reduction Act • Enhance the quality, utility, and Gerard Poliquin, Notwithstanding any other provision clarity of the information to be Secretary of the Board. of law, no person is required to respond collected; and • to, nor shall a person be subject to a [FR Doc. 2018–10901 Filed 5–17–18; 4:15 pm] Minimize the burden of the penalty for failure to comply with, a BILLING CODE 7535–01–P collection of information on those who collection of information subject to the are to respond, including through the requirements of the Paperwork use of appropriate automated electronic, Reduction Act (PRA) unless that THE NATIONAL FOUNDATION FOR mechanical, or other technological collection of information displays a THE ARTS AND THE HUMANITIES collection techniques, or other forms of current, valid Office of Management and information technology, e.g., permitting Budget (OMB) control number. In Institute of Museum and Library electronic submissions of responses. accordance with the PRA, 44 U.S.C., Services ADDRESSES: Send comments to: Dr. Sandra Webb, Senior Advisor, Office of Chapter 35, the Census Bureau Notice of Proposed Information the Director, Institute of Museum and requested, and OMB granted its Collection Requests: 2019–2021 IMLS Library Services, 955 L’Enfant Plaza clearance for, the information collection Grant Performance Report Forms requirements for this operation on North SW, Suite 4000, Washington, DC November 7, 2016 (OMB Control AGENCY: Institute of Museum and 20024–2135. Dr. Webb can be reached Number 0607–0994). The Census Library Services, National Foundation by Telephone: 202–653–4718 Fax: 202– Bureau’s request for a generic clearance for the Arts and the Humanities. 653–4608, or by email at swebb@ covering this operation until 2020 was ACTION: Notice, request for comments, imls.gov, or by teletype (TTY/TDD) for sent to the OMB on November 14, 2016. collection of information. persons with hearing difficulty at 202– 653–4614. Nancy Potok, SUMMARY: The Institute of Museum and SUPPLEMENTARY INFORMATION: Chief Statistician, Office of Management and Library Services (IMLS), as part of its Budget. continuing effort to reduce paperwork I. Background [FR Doc. 2018–10775 Filed 5–18–18; 8:45 am] and respondent burden, conducts a pre- The Institute of Museum and Library BILLING CODE 3110–01–P clearance consultation program to Services is the primary source of federal provide the general public and federal support for the nation’s approximately agencies with an opportunity to 120,000 libraries and 35,000 museums comment on proposed and/or and related organizations. Our mission NATIONAL CREDIT UNION continuing collections of information in is to inspire libraries and museums to ADMINISTRATION accordance with the Paperwork advance innovation, lifelong learning, and cultural and civic engagement. Our Sunshine Act: Notice of Agency Reduction Act. This pre-clearance grant making, policy development, and Meeting consultation program helps to ensure that requested data can be provided in research help libraries and museums the desired format, reporting burden deliver valuable services that make it TIME AND DATE: 10:00 a.m., Thursday, (time and financial resources) is possible for communities and May 24, 2018. minimized, collection instruments are individuals to thrive. To learn more, PLACE: Board Room, 7th Floor, Room clearly understood, and the impact of visit www.imls.gov. 7047, 775 Duke Street (All visitors must collection requirements on respondents II. Current Actions use Diagonal Road Entrance), can be properly assessed. By this notice, Alexandria, VA 22314–3428. IMLS is soliciting comments concerning To administer the IMLS processes of grants and cooperative agreements, STATUS: Open. the three year approval of the forms necessary to report on grant or IMLS uses standardized application MATTERS TO BE CONSIDERED: cooperative agreement activities on an forms, guidelines and reporting forms 1. Share Insurance Fund Quarterly interim and final basis for all IMLS for eligible libraries, museums, and Report. grant programs. other organizations to apply for its 2. NCUA’s Rules and Regulations, A copy of the proposed information funding. These forms submitted for Involuntary Liquidation and Claims collection request can be obtained by public review in this Notice are the Procedures. contacting the individual listed below Interim Performance Report and the 3. NCUA’s Rules and Regulations, in the ADDRESSES section of this notice. Final Performance Report, and the instructions associated with each one. Payday Alternative Loans. DATES: Written comments must be The collection of information from these submitted to the office listed in the RECESS: 10:45 a.m. forms is a part of the IMLS grant addressee section below on or before performance reporting requirements and TIME AND DATE: 11:00 a.m., Thursday, July 16, 2018. May 24, 2018. process. IMLS is particularly interested in Agency: Institute of Museum and PLACE: Board Room, 7th Floor, Room comments that help the agency to: • Library Services. 7047, 1775 Duke Street, Alexandria, VA Evaluate whether the proposed Title: Grant Application Forms. 22314–3428. collection of information is necessary OMB Number: 3137–0100. for the proper performance of the STATUS: Closed. Frequency: Once per year. functions of the agency, including Affected Public: Library and Museum MATTERS TO BE CONSIDERED: whether the information will have grant applicants. 1. Supervisory Action. Closed practical utility; Number of Respondents: 976. pursuant to Exemptions (8), (9)(i)(B) and • Evaluate the accuracy of the Estimated Average Burden per (9)(ii). agency’s estimate of the burden of the Response: 15.4 hours.

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Estimated Total Annual Burden: Humanities Act of 1965, as amended, Dated: May 15, 2018. 6,235 hours. including information given in Sherry Hale, Total Annualized capital/startup confidence to the agency. In accordance Staff Assistant, National Endowment for the costs: n/a. with the determination of the Chairman Arts. Total Annual costs: $174,186. of July 5, 2016, these sessions will be [FR Doc. 2018–10686 Filed 5–18–18; 8:45 am] Public Comments Invited: Comments closed to the public pursuant to BILLING CODE 7537–01–P submitted in response to this notice will subsection (c)(6) of section 552b of title be summarized and/or included in the 5, United States Code. request for OMB’s clearance of this The upcoming meetings are: NATIONAL LABOR RELATIONS information collection. Music (review of applications): This BOARD FOR FURTHER INFORMATION CONTACT: Dr. meeting will be closed. Sandra Webb, Senior Advisor, Office of Date and time: June 25, 2018; 12:00 Sunshine Act Meetings Notice the Director, Institute of Museum and p.m. to 2:00 p.m. DATES AND TIME: Each Wednesday of Library Services, 955 L’Enfant Plaza Music (review of applications): This every month through Fiscal Year 2018 at North SW, Suite 4000, Washington, DC meeting will be closed. 20024–2135. Dr. Webb can be reached 2:00 p.m. Changes in date and time will Date and time: June 25, 2018; 3:00 be posted at www.nlrb.gov. by Telephone: 202–653–4718 Fax: 202– p.m. to 5:00 p.m. 653–4608, or by email at swebb@ PLACE: Board Agenda Room, No. 5065, Local Arts Agencies (review of imls.gov, or by teletype (TTY/TDD) for 1015 Half St. SE, Washington DC. applications): This meeting will be persons with hearing difficulty at 202– closed. STATUS: Closed. 653–4614. Date and time: June 26, 2018; 1:00 MATTERS TO BE CONSIDERED: Pursuant to Dated: May 16, 2018. p.m. to 3:00 p.m. § 102.139(a) of the Board’s Rules and Kim Miller, Theater (review of applications): This Regulations, the Board or a panel Grants Management Specialist, Office of meeting will be closed. thereof will consider ‘‘the issuance of a subpoena, the Board’s participation in a Grants Policy and Management. Date and time: June 26, 2018; 1:00 civil action or proceeding or an [FR Doc. 2018–10788 Filed 5–18–18; 8:45 am] p.m. to 3:00 p.m. BILLING CODE 7036–01–P arbitration, or the initiation, conduct, or Theater (review of applications): This disposition . . . of particular meeting will be closed. representation or unfair labor practice Date and time: June 26, 2018; 4:00 NATIONAL FOUNDATION ON THE proceedings under section 8, 9, or 10 of p.m. to 6:00 p.m. ARTS AND THE HUMANITIES the [National Labor Relations] Act, or Visual Arts (review of applications): any court proceedings collateral or National Endowment for the Arts This meeting will be closed. ancillary thereto.’’ See also 5 U.S.C. Date and time: June 26, 2018; 11:30 § 552b(c)(10). Arts Advisory Panel Meetings a.m. to 1:30 p.m. FOR FURTHER INFORMATION CONTACT: Gary Visual Arts (review of applications): AGENCY: National Endowment for the Shinners, Executive Secretary, 1015 This meeting will be closed. Arts, National Foundation on the Arts Half Street SE, Washington, DC 20570. and Humanities. Date and time: June 26, 2018; 2:30 Telephone: (202) 273–3737. p.m. to 4:30 p.m. ACTION: Notice of meetings. Music (review of applications): This Dated: May 17, 2018. Roxanne Rothschild, SUMMARY: Pursuant to the Federal meeting will be closed. Advisory Committee Act, as amended, Date and time: June 27, 2018; 12:00 Deputy Executive Secretary, National Labor notice is hereby given that 14 meetings p.m. to 2:00 p.m. Relations Board. of the Arts Advisory Panel to the Visual Arts (review of applications): [FR Doc. 2018–10936 Filed 5–17–18; 4:15 pm] National Council on the Arts will be This meeting will be closed. BILLING CODE 7545–01–P held by teleconference. Date and time: June 27, 2018; 11:30 DATES: See the SUPPLEMENTARY a.m. to 1:30 p.m. INFORMATION section for individual Visual Arts (review of applications): NATIONAL TRANSPORTATION meeting times and dates. All meetings This meeting will be closed. SAFETY BOARD are Eastern time and ending times are Date and time: June 27, 2018; 2:30 Sunshine Act Meetings approximate: p.m. to 4:30 p.m. ADDRESSES: National Endowment for the Theater (review of applications): This TIME AND DATE: 9:30 a.m., Tuesday, June Arts, Constitution Center, 400 7th St. meeting will be closed. 5, 2018. SW, Washington, DC 20506. Date and time: June 28, 2018; 1:00 PLACE: NTSB Conference Center, 429 FOR FURTHER INFORMATION CONTACT: p.m. to 3:00 p.m. L’Enfant Plaza SW, Washington, DC Further information with reference to Theater (review of applications): This 20594. these meetings can be obtained from Ms. meeting will be closed. STATUS: The one item is open to the Sherry P. Hale, Office of Guidelines & Date and time: June 28, 2018; 4:00 public. Panel Operations, National Endowment p.m. to 6:00 p.m. MATTERS TO BE CONSIDERED: for the Arts, Washington, DC 20506; Music (review of applications): This 57951 Marine Accident Report—Fire [email protected], or call 202/682–5696. meeting will be closed. aboard Roll-on/Roll-off Passenger Vessel SUPPLEMENTARY INFORMATION: The Date and time: June 29, 2018; 12:00 Caribbean Fantasy, Atlantic Ocean, 2 closed portions of meetings are for the p.m. to 2:00 p.m. Miles Northwest of San Juan, Puerto purpose of Panel review, discussion, Music (review of applications): This Rico, August 17, 2016. evaluation, and recommendations on meeting will be closed. CONTACT PERSON FOR MORE INFORMATION: financial assistance under the National Date and time: June 29, 2018; 3:00 News Media Contact: Telephone: (202) Foundation on the Arts and the p.m. to 5:00 p.m. 314–6100.

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The press and public may enter the on PBGC’s website at https:// asking for Deferred to Exact Age 60 net NTSB Conference Center one hour prior www.pbgc.gov/prac/laws-and- rate plan factors. These changes are to the meeting for set up and seating. regulations/information-collections- proposed because the net rate plan Individuals requesting specific under-omb-review. It may also be factors for the annuitant ages removed accommodations should contact obtained without charge by writing to are no longer used when deriving Rochelle McCallister at (202) 314–6305 the Disclosure Division of the Office of interest factors. The proposed changes or by email at Rochelle.McCallister@ the General Counsel, 1200 K Street NW, will simplify the completion of the ntsb.gov by Wednesday, May 30, 2018. Washington, DC 20005–4026, faxing a survey. The public may view the meeting via request to 202–326–4042, or calling • Increases in the dollar ranges of the a live or archived webcast by accessing 202–326–4040 during normal business Settlement Categories in Parts III and IV a link under ‘‘News & Events’’ on the hours (TTY users may call the Federal to better capture variability and range of NTSB home page at www.ntsb.gov. relay service toll-free at 1–800–877– business accepted by respondents. Schedule updates, including weather- 8339 and ask to be connected to 202– Dollar amounts previously used were related cancellations, are also available 326–4040). The Disclosure Division will too low to differentiate among insurance at www.ntsb.gov. email, fax, or mail the information to companies that responded to the survey. • For More Information Contact: Candi you, as you request. Addition of a question asking Bing at (202) 314–6403 or by email at whether the respondent participated in FOR FURTHER INFORMATION CONTACT: [email protected]. the survey in the previous year to enable Stephanie Cibinic (cibinic.stephanie@ For Media Information Contact: Keith PBGC to determine the extent to which pbgc.gov), Deputy Assistant General Holloway at (202) 314–6100 or by email the survey respondents vary over time. at [email protected]. Counsel, Regulatory Affairs Division, • Addition of a question asking Office of the General Counsel, Pension Dated: May 17, 2018. whether the current value of the Benefit Guaranty Corporation, 1200 K respondent’s annuity portfolio is greater LaSean McCray, Street NW, Washington, DC 20005– Assistant Federal Register Liaison Officer. than $5 billion. This proposed addition 4026, 202 326–4400, extension 6352. will permit PBGC to determine if the [FR Doc. 2018–10865 Filed 5–17–18; 11:15 am] TTY users may call the Federal relay insurers who respond to the survey BILLING CODE 7533–01–P service toll-free at 800–877–8339 and represent a sizable portion of the total ask to be connected to 202–326–4400. annuity market. SUPPLEMENTARY INFORMATION: PBGC’s On February 8, 2018 (at 83 FR 5649), PENSION BENEFIT GUARANTY regulations prescribe actuarial valuation PBGC gave public notice that it CORPORATION methods and assumptions (including intended to request extension of OMB interest rate assumptions) to be used in approval of this collection of Submission of Information Collection determining the actuarial present value for OMB Review; Comment Request; information with the modifications and of benefits under single-employer plans Survey of Nonparticipating Single invited public comment by April 9, that terminate (29 CFR part 4044) and Premium Group Annuity Rates 2018. One comment was received in under multiemployer plans that response to the notice. AGENCY: Pension Benefit Guaranty undergo a mass withdrawal of The commenter made two Corporation. contributing employers (29 CFR part suggestions. After consideration, PBGC ACTION: Notice of request for extension 4281). Each month PBGC publishes the determined not to adopt either of OMB approval. interest rates to be used under those suggestion because their adoption regulations for plans terminating or would reduce the anonymity of the SUMMARY: The Pension Benefit Guaranty undergoing mass withdrawal during the respondents, which in turn may affect Corporation (‘‘PBGC’’) is requesting that next month. the respondents’ willingness to the Office of Management and Budget The interest rates are intended to participate in the survey. The comment (‘‘OMB’’) extend approval with reflect current conditions in the annuity and PBGC’s rationale for its decision are modifications, under the Paperwork markets. To determine these interest discussed in the supporting statement Reduction Act, of a collection of rates, PBGC gathers pricing data from submitted to OMB for this information information (OMB control number insurance companies that are providing collection. 1212–0030; expires May 31, 2018). This annuity contracts to terminating OMB has approved this collection of voluntary collection of information is a pension plans through a quarterly information under control number quarterly survey of insurance company ‘‘Survey of Nonparticipating Single 1212–0030 through May 31, 2018. PBGC rates for pricing annuity contracts. The Premium Group Annuity Rates.’’ The is requesting that OMB extend its American Council of Life Insurers American Council of Life Insurers approval for another three years with conducts the survey for PBGC. This (ACLI) distributes the survey and changes. An agency may not conduct or notice informs the public of PBGC’s provides PBGC with ‘‘blind’’ data (i.e., sponsor, and a person is not required to request and solicits public comment on PBGC is unable to match responses with respond to, a collection of information the collection of information. the companies that submitted them). unless it displays a currently valid OMB DATES: Comments should be submitted PBGC also uses the information from the control number. by June 20, 2018. survey in determining the interest rates This voluntary survey is directed at ADDRESSES: Comments should be sent to it uses to value benefits payable to insurance companies most, if not all, of the Office of Information and Regulatory participants and beneficiaries in PBGC- which are members of ACLI. The survey Affairs, Office of Management and trusteed plans for purposes of PBGC’s is conducted quarterly and will be sent Budget, Attention: Desk Officer for financial statements. to approximately 22 insurance Pension Benefit Guaranty Corporation, PBGC is proposing several changes to companies. PBGC estimates that about via electronic mail at OIRA_DOCKET@ the survey distributed by ACLI: six insurance companies will respond to omb.eop.gov or by fax to (202) 395– • Reduction in the number of ages for the survey each quarter, and that each 6974. which PBGC requests net rate plan survey will require approximately 30 A copy of the request (including the factors for immediate and deferred minutes to complete and return. The collection of information) will be posted annuities, and removal of columns total burden is estimated to be 12 hours

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(30 minutes per survey × four per year at the Commission’s Public Reference to a block of 100,000 Shares. The × six respondents). Room. Exchange proposes to reflect a change in the proposed size of a Basket from Issued in Washington, DC by: II. Self-Regulatory Organization’s 100,000 Shares to 50,000 Shares. The Stephanie Cibinic, Statement of the Purpose of, and size of a Basket will be subject to Deputy Assistant General Counsel for Statutory Basis for, the Proposed Rule change, but will not exceed 100,000 Regulatory Affairs, Pension Benefit Guaranty Change Corporation. Shares. A reduction in the size of a In its filing with the Commission, the Basket may provide potential benefits to [FR Doc. 2018–10794 Filed 5–18–18; 8:45 am] self-regulatory organization included investors by facilitating additional BILLING CODE 7709–02–P statements concerning the purpose of, creation and redemption activity in the and basis for, the proposed rule change Shares, thereby potentially resulting in and discussed any comments it received increased secondary market trading SECURITIES AND EXCHANGE on the proposed rule change. The text activity, tighter bid/ask spreads and COMMISSION of those statements may be examined at narrower premiums or discounts to net the places specified in Item IV below. asset value (‘‘NAV’’).7 [Release No. 34–83248; File No. SR– The Exchange has prepared summaries, NYSEArca2018–32] set forth in sections A, B, and C below, Change to Initial Basket Gold Amount Self-Regulatory Organizations; NYSE of the most significant parts of such The Prior Releases stated that the Arca, Inc.; Notice of Filing and statements. initial Basket Gold Amount is 1,000 Immediate Effectiveness of Proposed A. Self-Regulatory Organization’s Fine Ounces of gold. The Exchange Rule Change Relating to the Proposed Statement of the Purpose of, and the proposes to change this representation Operation of the Perth Mint Physical Statutory Basis for, the Proposed Rule to state that the initial Basket Gold Gold ETF Trust Change Amount is 500 Fine Ounces of gold. The Sponsors represent that this change May 15, 2018. 1. Purpose corresponds proportionately to the Pursuant to Section 19(b)(1) 1 of the The Commission has approved a change made in the Basket size to Securities Exchange Act of 1934 (the proposed rule change relating to listing 50,000 Shares. ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 and trading on the Exchange of shares Changes to Representations Regarding notice is hereby given that, on May 7, (‘‘Shares’’) of the Trust for listing and Delivery Applicants 2018, NYSE Arca, Inc. (the ‘‘Exchange’’ trading on the Exchange under NYSE or ‘‘NYSE Arca’’) filed with the Arca Rule 8.201–E (‘‘Commodity-Based As described in the Registration Securities and Exchange Commission Trust Shares’’).5 The Exchange proposes Statement, persons permitted to take (the ‘‘Commission’’) the proposed rule to reflect a change in the size of a delivery of Physical Gold are referred to change as described in Items I, II, and Creation Unit applicable to Shares of the as ‘‘investors’’ rather than ‘‘Delivery III below, which Items have been Trust from 100,000 Shares to at least Applicants’’, as stated in the Prior prepared by the self-regulatory 50,000 Shares, and to amend certain Notice, and, in connection with such organization. The Commission is other representations in the proposed delivery, Shares are delivered to the publishing this notice to solicit rule change filed with and approved by Gold Corporation and are not comments on the proposed rule change the Commission relating to listing and surrendered to the Trust, as represented from interested persons. trading of Shares of the Trust on the in the Prior Notice. Thus investors that I. Self-Regulatory Organization’s Exchange. The Trust’s Shares have not submit an ‘‘Application’’ (rather than a Statement of the Terms of Substance of commenced trading on the Exchange. ‘‘Delivery Application’’, as described in the Proposed Rule Change The sponsors of the Trust will be the the Prior Notice) to the Gold Gold Corporation and Exchange Traded Corporation 8 will deliver Shares to the The Exchange proposes to reflect a Concepts, LLC (‘‘Sponsors’’).6 change in the size of a ‘‘Basket’’ 7 The Exchange notes that the Commission has applicable to shares of the Perth Mint Change to the ‘‘Basket’’ Size approved the listing and trading of other issues of Physical Gold ETF Trust (‘‘Trust’’) from The Prior Notice stated that the Trust Commodity-Based Trust Shares that have applied a minimum ‘‘Creation Unit’’ size of less than 50,000 100,000 Shares to at least 50,000 Shares, will issue and redeem ‘‘Baskets’’ equal shares. See, e.g., Securities Exchange Act Release and to amend certain other Nos. 82249 (December 8, 2017), 82 FR 58884 representations in the proposed rule 5 See Securities Exchange Act Release Nos. 82372 (December 14, 2017) (SR–NYSEArca–2017–110) change filed with and approved by the (December 21, 2107), 82 FR 61601 (December 28, (Notice of Filing of Amendment No. 2 and Order 2107) (SR–NYSEArca–2017–140) (NYSE Arca, Inc.; Approving on an Accelerated Basis a Proposed Rule Securities and Exchange Commission Notice of Filing of Proposed Rule Change To List Change, as Modified by Amendment No. 2, to List (‘‘Commission’’) relating to listing and and Trade Shares of the Perth Mint Physical Gold and Trade Shares of the GraniteShares Platinum trading of Shares of the Trust on the ETF Trust Under NYSE Arca Rule 8.201–E) (‘‘Prior Trust under NYSE Arca Rule 8.201–E); 81918 Exchange.4 Shares of the Trust have Notice’’); 82593 (January 26, 2018), 83 FR 4718 (October 23, 2017), 82 FR 49884 (October 27, 2017) (February 1, 2018) (SR–NYSEArca–2017–140) Order (SR–NYSEArca–2017–98) (Order Approving a been approved by the Commission for Approving a Proposed Rule Change To List and Proposed Rule Change, as Modified by Amendment listing and trading on the Exchange Trade Shares of the Perth Mint Physical Gold ETF No. 1 Thereto, to List and Trade Shares of The Gold under NYSE Arca Rule 8.201–E. The Trust Pursuant to NYSE Arca Rule 8.201–E) (‘‘Prior Trust under NYSE Arca Rule 8.201–E); 80840 (June Trust’s shares have not commenced Order’’ and, together with the Prior Notice, the 1, 2017), 82 FR 26534 (June 7, 2017) (SR– trading on the Exchange. The proposed ‘‘Prior Releases’’). NYSEArca–2017–33) (Order Approving a Proposed 6 On April 20, 2018 the Trust filed with the Rule Change, as Modified by Amendment No. 2 rule change is available on the Commission a registration statement on Form S–1 Thereto, to List and Trade Shares of the Euro Gold Exchange’s website at www.nyse.com, at under the Securities Act of 1933 relating to the Trust, Pound Gold Trust, and the Yen Gold Trust the principal office of the Exchange, and Trust (File No. 333–224389) (‘‘Registration under NYSE Arca Equities Rule 8.201). Statement’’). The description of the operation of the 8 The Prior Notice stated that ‘‘Delivery Trust herein is based, in part, on the Registration Application’’ means a document in a form 1 15 U.S.C.78s(b)(1). Statement. The procedures described in this satisfactory to the Custodian and as set forth the 2 15 U.S.C. 78a. proposed rule change will not be implemented until Prior Notice that expresses a Delivery Applicant’s 3 17 CFR 240.19b–4. such proposed rule change is effective and intention to surrender Shares on a Share 4 See note 5, infra. operative. Submission Day in exchange for an amount of Gold

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Gold Corporation (i.e., Custodian or Account, for the benefit of the Trust or to state that the redemption distribution Custodial Sponsor) rather than to the an investor who is the Gold due from the Trust is delivered to the Trust. The Sponsors represent that, by Corporation’s direct customer. Authorized Participant on the third conducting the delivery process directly business day following the redemption Change to Representations Regarding through the Gold Corporation, rather date if, by 9:00 a.m. Eastern time on the Delivery of Required Deposits than through the Trust, it is anticipated second business day following the that an investor will save on certain The Prior Notice stated that an redemption order date, the Trustee’s service provider administrative charges, Authorized Participant who places a DTC account has been credited with the and that the process will therefore be purchase order is responsible for Baskets to be redeemed. The Sponsors more cost effective for investors. crediting the Trust Unallocated Metal represent that this change is being made The Prior Notice stated that the Account with the required gold deposit in connection with implementation of Trust’s primary objective will be to amount by 9:00 a.m. London time on the the T+2 settlement cycle for securities provide investors with an opportunity third business day following the transactions in accordance with Rule to invest in gold through the Shares, purchase order date. 15c6–1(a) under the Act, provided that have the gold securely stored by Gold The Exchange proposes to change this the redemption distribution will, unless Corporation and, if requested by an representation to state that an otherwise agreed by the parties, be investor, deliver Physical Gold to such Authorized Participant who places a delivered to the Authorized Participant investor in exchange for its Shares. purchase order is responsible for on the third business day following the However, because investors redeeming crediting its account, if held at the redemption date. Shares would deliver Shares to the Gold Custodian, with the required gold The Prior Notice stated that gold is Corporation rather than to the Trust, the deposit amount and, if the Authorized delivered to the Trust and distributed by Trust’s primary objective will be to Participant does not maintain its the Trust through credits and debits provide investors with an opportunity account with the Custodian, causing the between Authorized Participants’ to invest in gold through the Shares and required gold deposit amount to be accounts, the Trust Unallocated Metal have the gold securely stored by Gold transferred to the Custodian by 8:00 a.m. Account and the Trust Allocated Metal Corporation; the Gold Corporation London time on the second business Account. When the Trustee requests rather than the Trust will be the entity day following the purchase order date. creation of a basket at an Authorized that delivers Physical Gold to investors The Sponsors represent that this change Participant’s request, the Authorized in exchange for Shares. is being made in connection with the Participant will then transfer gold to the implementation of the T+2 settlement Trust Unallocated Metal Account. The Change to Representation Regarding the cycle for securities transactions in Exchange proposes to change this Government Guarantee accordance with Rule 15c6–1(a) under representation to state that gold is The Prior Notice stated that the the Act.11 delivered to the Trust and distributed by Government Guarantee 9 applies to all the Trust through credits and debits Changes to Redemption Procedures gold held by the Custodian, whether in between Authorized Participants’ the Trust Allocated Metal Account, the The Prior Notice further stated that, accounts, the GC Metal Account, the Trust Unallocated Metal Account or in by placing a redemption order, an Trust Unallocated Metal Account and a Customer Account, for the benefit of Authorized Participant agrees to deliver the Trust Allocated Metal Account. the Trust or a Delivery Applicant. the Baskets to be redeemed through When the Trustee requests creation of a The Exchange proposes to change this DTC’s book-entry system to the Trust no basket at an Authorized Participant’s representation to state that the later than the third business day request, the Authorized Participant will Government Guarantee applies to all following the effective date of the then transfer gold to the Authorized gold held by the Custodian or sub- redemption order. The Exchange Participant’s account with the custodian, whether in the Trust proposes to change this representation Custodian or to the GC Metal Account Allocated Metal Account, the Trust to state that, by placing a redemption for credit to the Trust Unallocated Metal Unallocated Metal Account, the ‘‘GC order, an Authorized Participant agrees Account. Metal Account’’ 10 or in a Customer to deliver the Baskets to be redeemed The Sponsors represent that the through DTC’s book-entry system to the proposed changes described above are on such Share Submission Day. As defined in the Trust no later than the second business consistent with the Trust’s investment Registration Statement, the term ‘‘Application’’ is day following the effective date of the objective, and will further assist the defined as a document in a form satisfactory to Gold Sponsors to achieve such investment Corporation that expresses an investor’s intention to redemption order. The Sponsors deliver shares on a Share Submission Day in represent that this change is being made objective. Except for the changes noted exchange for an amount of Physical Gold on such in connection with implementation of above, all other representations made in Share Submission Day. the T+2 settlement cycle for securities the Prior Releases remain unchanged.12 9 See note 29 of the Prior Notice for a description transactions in accordance with Rule of the Government Guarantee. 2. Statutory Basis 15c6–1(a) under the Act. 10 The term GC [Gold Corporation] Metal Account The basis under the Act for this is defined in the Registration Statement as one or The Prior Notice further stated that more designated Gold accounts of which Gold the redemption distribution due from proposed rule change is the requirement Corporation, in its individual capacity, is the the Trust is delivered to the Authorized under Section 6(b)(5) 13 that an registered owner maintained with one or more Participant on the next following exchange have rules that are designed to LBMA Gold clearing members on an unallocated prevent fraudulent and manipulative basis in such location or locations as Gold business day after the Trustee’s DTC Corporation may determine and used by Gold account has been credited with the acts and practices, to promote just and Corporation exclusively for transfers of Gold to and Baskets to be redeemed. The Exchange equitable principles of trade, to remove from the Trust in connection with the creation and proposes to change this representation impediments to, and perfect the redemption of Baskets. The term is introduced in mechanism of a free and open market the Registration Statement to clarify that the Custodian maintains certain accounts that are unallocated account maintained with the Gold designed to facilitate transfers of gold when an Corporation. 12 See note 5, supra. All terms referenced but not Authorized Participant elects to transfer gold from 11 See Securities Exchange Act Release No. 80295 defined herein are defined in the Prior Releases. a third party unallocated account, and not from an (March 22, 2017), 82 FR 15564 (March 29, 2017). 13 15 U.S.C. 78f(b)(5).

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and, in general, to protect investors and B. Self-Regulatory Organization’s delayed operative date if this proposed the public interest. Statement on Burden on Competition rule change is effective and operative. The proposed rule change is designed The Exchange does not believe that Additionally, the Exchange asserts that to perfect the mechanism of a free and the proposed rule change will impose waiver would be consistent with the protection of investors and the public open market and, in general, to protect any burden on competition that is not interest because reducing the size of a investors and the public interest. The necessary or appropriate in furtherance Basket may provide potential benefits to Exchange believes that the change to the of the purpose of the Act. The Exchange investors by facilitating additional size of a Basket to 50,000 Shares may believes the proposed rule changes, because of the potential increase in creation and redemption activity in the provide potential benefits to investors Shares, thereby potentially resulting in by facilitating additional creation and secondary market trading activity that may result from a decrease in the Basket increased secondary market trading redemption activity in the Shares, activity, tighter bid/ask spreads and thereby potentially resulting in size for Shares of the Trust, the corresponding reduction in the initial narrower premiums or discounts to increased secondary market trading 18 Basket Gold Amount, and the reduction NAV. The Commission believes that activity, tighter bid/ask spreads and in certain time frames, regarding waiver of the 30-day operative delay is narrower premiums or discounts to delivery of required deposits and other consistent with the protection of NAV. The reduction in the initial Basket redemption procedures will enhance investors and the public interest. Gold Amount from 1,000 Fine Ounces competition among issues of gold-based Accordingly, the Commission hereby to 500 Fine Ounces corresponds Commodity-Based Trust Shares. waives the 30-day operative delay and proportionately to the change proposed designates the proposed rule change to be made in the Basket size to 50,000 C. Self-Regulatory Organization’s operative upon filing.19 Shares. Statement on Comments on the At any time within 60 days of the Proposed Rule Change Received From filing of such proposed rule change, the With respect to the proposed Members, Participants, or Others replacement of references in the Prior Commission summarily may temporarily suspend such rule change if Notice to Delivery Applicants with No written comments were solicited it appears to the Commission that such ‘‘investors’’ and references to ‘‘Delivery or received with respect to the proposed action is necessary or appropriate in the Application’’ with ‘‘Application’’, as rule change. public interest, for the protection of applicable, and to specify that an III. Date of Effectiveness of the investors, or otherwise in furtherance of Proposed Rule Change and Timing for investor delivers Shares to the Gold the purposes of the Act. If the Commission Action Corporation rather than to the Trust, the Commission takes such action, the Sponsors represent that, by conducting The Exchange has filed the proposed Commission shall institute proceedings the delivery process directly through the rule change pursuant to Section under Section 19(b)(2)(B) 20 of the Act to Gold Corporation, rather than through 19(b)(3)(A)(iii) of the Act 14 and Rule determine whether the proposed rule the Trust, it is anticipated that an 19b–4(f)(6) thereunder.15 Because the change should be approved or investor will save on certain service proposed rule change does not: (i) disapproved. provider administrative charges, and Significantly affect the protection of that the process will therefore be more investors or the public interest; (ii) IV. Solicitation of Comments cost effective for investors. impose any significant burden on Interested persons are invited to With respect to proposed changes to competition; and (iii) become operative submit written data, views, and representations regarding delivery of prior to 30 days from the date on which arguments concerning the foregoing, required deposits and redemption it was filed, or such shorter time as the including whether the proposed rule procedures, as described above, the Commission may designate, if change is consistent with the Act. consistent with the protection of Comments may be submitted by any of Sponsors represent that such changes investors and the public interest, the the following methods: are being made in connection with the proposed rule change has become implementation of the T+2 settlement Electronic Comments effective pursuant to Section 19(b)(3)(A) cycle for securities transactions in of the Act and Rule 19b–4(f)(6)(iii) • Use the Commission’s internet accordance with Rule 15c6–1(a) under thereunder. comment form (http://www.sec.gov/ the Act. A proposed rule change filed under rules/sro.shtml); or With respect to the term GC Metal Rule 19b–4(f)(6) 16 normally does not • Send an email to rule-comments@ Account, such term has been introduced become operative prior to 30 days after sec.gov. Please include File Number SR– in the Registration Statement to clarify the date of the filing. However, pursuant NYSEArca–2018–32 on the subject line. that the Custodian will maintain certain to Rule 19b 4(f)(6)(iii),17 the Paper Comments accounts that are designed to facilitate Commission may designate a shorter • Send paper comments in triplicate transfers of gold when an Authorized time if such action is consistent with the to Secretary, Securities and Exchange Participant elects to transfer gold from protection of investors and the public interest. The Exchange has asked the Commission, 100 F Street NE, a third party unallocated account, and Washington, DC 20549–1090. not from an unallocated account Commission to waive the 30-day All submissions should refer to File maintained with the Gold Corporation. operative delay so that the proposal may become operative immediately upon Number SR–NYSEArca–2018–32. This The Sponsors represent that the filing. The Exchange states that the file number should be included on the proposed changes described above are Trust plans to launch trading in the consistent with the Trust’s investment 18 Shares on the Exchange prior to such See supra text accompanying note 7. objective, and will further assist the 19 For purposes only of waiving the 30-day Sponsors to achieve such investment operative delay, the Commission has also 14 15 U.S.C. 78s(b)(3)(A)(iii). considered the proposed rule’s impact on objective. Except for the changes noted 15 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See above, all other representations made in 16 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). the Prior Releases remain unchanged. 17 17 CFR 240.19b–4(f)(6)(iii). 20 15 U.S.C. 78s(b)(2)(B).

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subject line if email is used. To help the ‘‘Exchange’’ or ‘‘Cboe Options’’) filed ‘‘drop-copy’’ order fill messages from Commission process and review your with the Securities and Exchange their PULSe brokers. These fill messages comments more efficiently, please use Commission (the ‘‘Commission’’) the allow customers to update positions, only one method. The Commission will proposed rule change as described in risk calculations, and streamline back- post all comments on the Commission’s Items I, II, and III below, which Items office functions. internet website (http://www.sec.gov/ have been prepared by the Exchange. The Exchange is proposing to reduce rules/sro.shtml). Copies of the The Commission is publishing this and cap the monthly fee to be assessed submission, all subsequent notice to solicit comments on the on TPHs who are sending drop copies amendments, all written statements proposed rule change from interested to non-TPH customers via a PULSe with respect to the proposed rule persons. change that are filed with the workstation. Currently, if a customer Commission, and all written I. Self-Regulatory Organization’s receiving drop copies is a non-TPH, the communications relating to the Statement of the Terms of Substance of PULSe broker (the sending TPH) who proposed rule change between the the Proposed Rule Change sends drop copies via PULSe to that Commission and any person, other than The Exchange proposes to amend its customer is charged $400 per month. those that may be withheld from the fees schedule related to its PULSe The Exchange is proposing to reduce public in accordance with the workstation. that fee to $0.02 per contract with a cap provisions of 5 U.S.C. 552, will be The text of the proposed rule change of $400 per month per receiving non- available for website viewing and is also available on the Exchange’s TPH. If that PULSe broker sends drop printing in the Commission’s Public website (http://www.cboe.com/ copies via PULSe to multiple non-TPH Reference Room, 100 F Street NE, AboutCBOE/CBOELegalRegulatory customers, the PULSe broker will be Washington, DC 20549, on official Home.aspx), at the Exchange’s Office of charged the fee for each customer. For business days between the hours of the Secretary, and at the Commission’s example, if a PULSe broker sends drop 10:00 a.m. and 3:00 p.m. Copies of the Public Reference Room. copies via its PULSe workstation to each filing also will be available for of non-TPH customer A, non-TPH inspection and copying at the principal II. Self-Regulatory Organization’s customer B, and non-TPH customer C, office of the Exchange. All comments Statement of the Purpose of, and the PULSe broker (the sending TPH) received will be posted without change. Statutory Basis for, the Proposed Rule will be charged a fee of $.02 per contract Persons submitting comments are Change for drop copies it sends via PULSe to cautioned that we do not redact or edit In its filing with the Commission, the non-TPH customers A, B, and C (the personal identifying information from Exchange included statements receiving non-TPHs) with a cap of comment submissions. You should concerning the purpose of and basis for $1,200 ($400 per non-TPH customers A, submit only information that you wish the proposed rule change and discussed B, and C). to make available publicly. All any comments it received on the 2. Statutory Basis submissions should refer to File proposed rule change. The text of these Number SR–NYSEArca–2018–32, and statements may be examined at the The Exchange believes the proposed should be submitted on or before June places specified in Item IV below. The rule change is consistent with the 11, 2018. Exchange has prepared summaries, set Securities Exchange Act of 1934 (the For the Commission, by the Division of forth in sections A, B, and C below, of ‘‘Act’’) and the rules and regulations Trading and Markets, pursuant to delegated the most significant aspects of such thereunder applicable to the Exchange 21 authority. statements. and, in particular, the requirements of Eduardo A. Aleman, A. Self-Regulatory Organization’s Section 6(b) of the Act.3 Specifically, Assistant Secretary. Statement of the Purpose of, and the Exchange believes the proposed rule [FR Doc. 2018–10713 Filed 5–18–18; 8:45 am] Statutory Basis for, the Proposed Rule change is consistent with the Section BILLING CODE 8011–01–P Change 6(b)(5) 4 requirements that the rules of an exchange be designed to prevent 1. Purpose fraudulent and manipulative acts and SECURITIES AND EXCHANGE The Exchange proposes to amend its practices, to promote just and equitable COMMISSION Fees Schedule. The Exchange is principles of trade, to foster cooperation [Release No. 34–83244; File No. SR–CBOE– changing fees related to its PULSe and coordination with persons engaged 2018–033] workstation. The fees herein will be in regulating, clearing, settling, effective on May 1, 2018. processing information with respect to, Self-Regulatory Organizations; Cboe By way of background, the PULSe and facilitating transactions in Exchange, Inc.; Notice of Filing and workstation is a front-end order entry securities, to remove impediments to Immediate Effectiveness of a Proposed system designed for use with respect to and perfect the mechanism of a free and Rule Change To Amend Its Fees orders that may be sent to the trading open market and a national market Schedule Related to Its PULSe systems of the Exchange. Exchange system, and, in general, to protect Workstation Trading Permit Holders (‘‘TPHs’’) may investors and the public interest. May 15, 2018. also make workstations available to Additionally, the Exchange believes the Pursuant to Section 19(b)(1) of the their customers, which may include proposed rule change is consistent with Securities Exchange Act of 1934 (the TPHs, non-broker dealer public Section 6(b)(4) of the Act,5 which ‘‘Act’’),1 and Rule 19b–4 thereunder,2 customers, and non-TPH broker dealers. requires that Exchange rules provide for notice is hereby given that on May 1, Financial Information eXchange the equitable allocation of reasonable 2018, Cboe Exchange, Inc. (the (‘‘FIX’’) language-based connectivity, dues, fees, and other charges among its upon request, provides customers (both 21 17 CFR 200.30–3(a)(12). TPH and non-TPH) of TPHs that are 3 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). brokers and PULSe users (‘‘PULSe 4 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. brokers’’) with the ability to receive 5 15 U.S.C. 78f(b)(4).

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Trading Permit Holders and other 60 days of the filing of the proposed rule personal identifying information from persons using its facilities. change, the Commission summarily may comment submissions. You should The Exchange believes that reducing temporarily suspend such rule change if submit only information that you wish the $400 per month to $0.02 per it appears to the Commission that such to make available publicly. All contract with a cap of $400 per month action is necessary or appropriate in the submissions should refer to File on a TPH sending drop copies from public interest, for the protection of Number SR–CBOE–2018–033 and PULSe to a non-TPH customer is investors, or otherwise in furtherance of should be submitted on or before June reasonable because the fee will continue the purposes of the Act. If the 11, 2018. to allow the Exchange to monitor, Commission takes such action, the develop and implement upgrades, Commission will institute proceedings For the Commission, by the Division of maintain, and customize PULSe to to determine whether the proposed rule Trading and Markets, pursuant to delegated ensure a non-TPH customer receives change should be approved or authority.8 timely and accurate drop copies while disapproved. Eduardo A. Aleman, also potentially reducing the sending IV. Solicitation of Comments Assistant Secretary. TPH’s costs. The Exchange believes the [FR Doc. 2018–10711 Filed 5–18–18; 8:45 am] Interested persons are invited to fee is equitable and not unfairly BILLING CODE 8011–01–P discriminatory because the monthly fee submit written data, views, and is assessed equally to any TPH sending arguments concerning the foregoing, including whether the proposed rule drop copies to its non-TPH customers. SECURITIES AND EXCHANGE change is consistent with the Act. Additionally, use of the drop copy COMMISSION functionality by a TPH and non-TPH Comments may be submitted by any of customer is voluntary. the following methods: [Release No. 34–83239; File No. SR–MRX– B. Self-Regulatory Organization’s Electronic Comments 2018–14] Statement on Burden on Competition • Use the Commission’s internet Self-Regulatory Organizations; Nasdaq The Exchange does not believe that comment form (http://www.sec.gov/ rules/sro.shtml); or MRX, LLC; Notice of Filing and the proposed rule changes will impose • any burdens on competition that are not Send an email to rule-comments@ Immediate Effectiveness of Proposed necessary or appropriate in furtherance sec.gov. Please include File Number SR– Rule Change To Amend of the purposes of the Act. The CBOE–2018–033 on the subject line. Supplementary Material to Rule 706 To Exchange does not believe that the Paper Comments Harmonize Its Sponsored Access Rules With Those of Its Affiliates proposed rule change will impose any • Send paper comments in triplicate burden on intramarket competition that to Secretary, Securities and Exchange May 15, 2018. is not necessary or appropriate in Commission, 100 F Street NE, furtherance of the purposes of the Act Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the because the proposed PULSe-related Securities Exchange Act of 1934 All submissions should refer to File fees are assessed equally to TPH (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Number SR–CBOE–2018–033. This file broker’s electing to use the optional number should be included on the notice is hereby given that on May 9, Drop Copy functionality. The Exchange subject line if email is used. To help the 2018, Nasdaq MRX, LLC (‘‘MRX’’ or does not believe that the proposed Commission process and review your ‘‘Exchange’’) filed with the Securities change will cause any unnecessary comments more efficiently, please use and Exchange Commission burden on intermarket competition only one method. The Commission will (‘‘Commission’’) the proposed rule because the proposed fees relate to use post all comments on the Commission’s change as described in Items I and II of an Exchange-provided order entry internet website (http://www.sec.gov/ below, which Items have been prepared system. To the extent that any proposed rules/sro.shtml). Copies of the by the Exchange. The Commission is change makes the Exchange a more submission, all subsequent publishing this notice to solicit attractive marketplace for market amendments, all written statements comments on the proposed rule change participants at other exchanges, such with respect to the proposed rule from interested persons. market participants are welcome to change that are filed with the become Exchange market participants. Commission, and all written I. Regulatory Organization’s Statement C. Self-Regulatory Organization’s communications relating to the of the Terms of Substance of the Statement on Comments on the proposed rule change between the Proposed Rule Change Proposed Rule Change Received From Commission and any person, other than The Exchange proposes to amend Members, Participants, or Others those that may be withheld from the Supplementary Material to Rule 706 to The Exchange neither solicited nor public in accordance with the harmonize its sponsored access rules provisions of 5 U.S.C. 552, will be received comments on the proposed with those of its affiliates. rule change. available for website viewing and printing in the Commission’s Public The text of the proposed rule change III. Date of Effectiveness of the Reference Room, 100 F Street NE, is available on the Exchange’s website at Proposed Rule Change and Timing for Washington, DC 20549, on official http://nasdaqmrx.cchwallstreet.com/, at Commission Action business days between the hours of the principal office of the Exchange, and The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the at the Commission’s Public Reference effective pursuant to Section 19(b)(3)(A) filing also will be available for Room. of the Act 6 and paragraph (f) of Rule inspection and copying at the principal 19b–4 7 thereunder. At any time within office of the Exchange. All comments received will be posted without change. 8 17 CFR 200.30–3(a)(12). 6 15 U.S.C. 78s(b)(3)(A). Persons submitting comments are 1 15 U.S.C. 78s(b)(1). 7 17 CFR 240.19b–4(f). cautioned that we do not redact or edit 2 17 CFR 240.19b–4.

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II. Self-Regulatory Organization’s Exchange; and (4) make a number of trade on the Exchange, as a ‘‘Customer Statement of the Purpose of, and related, non-substantive changes. Each Agreement.’’ 9 Statutory Basis for, the Proposed Rule change is discussed in detail as follows. Market Access Rule Change Defining Sponsored Access In its filing with the Commission, the Pursuant to Supplementary Material A Sponsored Customer is a non- Exchange included statements .01(b)(2) to Rule 706, the Sponsoring member of the Exchange, such as an concerning the purpose of and basis for Member is responsible for the activities institutional investor, that gains access the proposed rule change and discussed of the Sponsored Customer. Sponsored to the Exchange 6 and trades under a any comments it received on the Customers are required to have Sponsoring Member’s execution and proposed rule change. The text of these procedures in place to comply with the clearing identity pursuant to a statements may be examined at the Exchange’s rules, and the Sponsoring sponsorship arrangement between such places specified in Item IV below. The Member takes responsibility for the non-member and Sponsoring Member, Exchange has prepared summaries, set Sponsored Customer’s activity on the as set forth in Supplementary Material forth in sections A, B, and C below, of Exchange. Members may have multiple to Rule 706. The Exchange is proposing the most significant aspects of such Sponsored Access relationships in place to define the term ‘‘Sponsored Access’’ statements. at a given time. The Exchange’s to clarify the type of market access examination program assesses A. Self-Regulatory Organization’s arrangement that is subject to this rule. compliance with the sponsored access Statement of the Purpose of, and Accordingly, the Exchange proposes to rules set forth in Supplementary Statutory Basis for, the Proposed Rule amend Supplementary Material .01(a) to Material to Rule 706, among other Change Rule 706 to add the following rules.10 The Exchange now proposes to definition: ‘‘Sponsored Access shall 1. Purpose specifically enumerate in mean an arrangement whereby a Supplementary Material .01(b)(2) to The purpose of the proposed rule Member permits its customers to enter change is to amend Supplementary orders into the System that bypass the Rule 706 the member’s obligation to Material to Rule 706, which contains the Member’s trading system and are routed comply with the Market Access Rule, Exchange’s sponsored access rules, to directly to the Exchange, including with which Members are currently harmonize these rules with those of the required to comply in connection with routing through a service bureau or 11 Nasdaq Exchanges.3 On March 9, 2016, other third party technology provider.’’ market access. The Exchange believes the Exchange and its affiliates, This definition mirrors the language set that specifying the obligation to comply International Securities Exchange, LLC forth in the Nasdaq Sponsored Access with the Market Access Rule within the (now, Nasdaq ISE, LLC) (‘‘ISE’’) and ISE Rules,7 and is derived from the rule itself will reinforce that Gemini, LLC (now, Nasdaq GEMX, LLC) Commission’s description of Sponsored Supplementary Material to Rule 706 (‘‘GEMX’’ and together with ISE and Access used in the release approving the presupposes member compliance with MRX, ‘‘ISE Exchanges’’), were acquired Market Access Rule.8 The Exchange the Market Access Rule. 4 by Nasdaq, Inc. (‘‘Acquisition’’). In the believes that defining Sponsored Access Elimination of Certain Contract context of the Acquisition, the ISE in Supplementary Material .01(a) to Requirements Exchanges have been working to align Rule 706 will provide market certain of its rules and processes with participants with greater clarity The Exchange currently requires a those of the Nasdaq Exchanges in order regarding Sponsored Access and their Sponsored Customer Agreement to provide consistent standards across obligations with respect to this type of between the Sponsored Customer and the six exchanges owned and operated access arrangement. the Exchange,12 and a Sponsored by Nasdaq, Inc. (collectively, ‘‘Affiliated Customer Addendum to the member Exchanges’’). As part of this effort, the Defining Customer Agreement access agreement (hereinafter, proposal set forth below harmonizes the The Exchange proposes to amend ‘‘Addendum’’) that is provided to the Exchange’s sponsored access rules with Supplementary Material .01(b)(1) to Exchange by the Sponsoring Member.13 the Nasdaq Sponsored Access Rules in Rule 706 to define the agreement that At this time, the Exchange proposes to order to provide uniform standards and Sponsored Customers must enter into remove the existing requirements to requirements for users of the Affiliated and maintain with one or more submit the Sponsored Customer Exchanges.5 Sponsoring Members to establish proper Agreement and Addendum to the In particular, the Exchange proposes relationship(s) and account(s) through Exchange in order to align its sponsored to (1) define the term ‘‘Sponsored which the Sponsored Customer may access rules with the Nasdaq Sponsored Access’’ and ‘‘Customer Agreement;’’ (2) Access Rules. The Exchange will specify the requirement to comply with 6 For example, a broker-dealer may allow its continue to require a Customer Rule 15c3–5 under the Act (‘‘Market customer—whether an institution such as a hedge fund, mutual fund, bank or insurance company, an Agreement between the Sponsored Access Rule’’); (3) remove the individual, or another broker-dealer—to use the Customer and Sponsoring Member requirements that each Sponsored broker-dealer’s MPID, account or other mechanism or mnemonic used to identify a market participant Customer and each Sponsoring Member 9 The Nasdaq Sponsored Access Rules also for the purposes of electronically accessing the enter into certain agreements with the similarly define ‘‘Customer Agreement.’’ See NQX Exchange. Rule 4615(b)(i), BX Rule 4615(b)(i) and PHLX Rule 7 See NQX Rule 4615(a), BX Rule 4615(a) and 3 1094(b)(i). See NQX Rule 4615, BX Rule 4615 and PHLX PHLX Rule 1094(a). 10 The Exchange has a Regulatory Services Rule 1094 (collectively, ‘‘Nasdaq Sponsored Access 8 The Market Access Rule, among other things, Agreement (‘‘RSA’’) with the Financial Industry Rules’’). requires broker-dealers providing others with access 4 Regulatory Authority (‘‘FINRA’’) to conduct See Securities Exchange Act Release No. 78119 to an exchange or alternative trading system to regulatory examinations, among other obligations. (June 21, 2016), 81 FR 41611 (June 27, 2016) (SR– establish, document, and maintain a system of risk 11 ISE–2016–11; SR–ISEGemini–2016–05; SR– management controls and supervisory procedures See NQX Rule 4615(b)(ii)(A), BX Rule ISEMercury–2016–10). reasonably designed to manage the financial, 4615(b)(ii)(A) and PHLX Rule 1094(b)(ii)(A) for 5 ISE and GEMX will each file similar rule change regulatory, and other risks of providing such access. consistent provisions. proposals with the Commission to harmonize their See Securities Exchange Act Release No. 63241 12 See Supplementary Material .01(a) to Rule 706. sponsored access rules with the Nasdaq Sponsored (November 3, 2010), 75 FR 69792 (November 15, 13 See Supplementary Material .01(b)(2)(i) and Access Rules. 2010). (b)(3) to Rule 706.

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pursuant to Supplementary Material with contractual privity, which would The Exchange, through its RSA with .01(b)(2) to Rule 706.14 no longer exist with the removal of the FINRA, reviews member compliance Today, only members may request Sponsored Customer Agreement. The with Supplementary Material to Rule connectivity to the Exchange by Exchange does not believe the loss of 706, including compliance with the contacting Nasdaq Subscriber Services. privity with the Sponsored Customer Market Access Rule. A member may obtain separate ports for creates a concern as the Exchange has Supplementary Material .01(b)(1) to the purpose of providing Sponsored the ability to remove access to the port Rule 706 requires that the Sponsored Access. If separate ports are requested at any time if it determines that the Customer and the Sponsoring Member by a member for the purpose of activity of the Sponsored Customer maintain a Customer Agreement with providing Sponsored Access, the warrants such removal. In addition, as the sponsorship provisions set forth in member must request those ports from discussed below, the Sponsored paragraph (2) to ensure compliance with the Exchange and is responsible for the Customer will be informed of its Exchange’s rules and obligations related Sponsored Customer’s activity on the obligations through the Customer to security, among other things. Exchange.15 In all circumstances, the Agreement that it executed with the Additionally, Supplementary Material Exchange only permits members to Sponsoring Member. As noted above, .01(b)(2)(iv) and (v) require that the request connectivity to the market and the Exchange only permits its members Customer Agreement include the the member is responsible for all to request connectivity to the Sponsored Customer’s obligation to customer orders submitted through the Exchange’s trading system, and maintain, keep current and provide to member’s port. In addition, such members remain responsible for all the Sponsoring Member a list of connection by the member requires trades submitted through such ports. Authorized Traders who have been approval by the Exchange for the Pursuant to Supplementary Material granted access to the Exchange on purpose of testing as well as other .01(b)(2)(vii) to Rule 706, the trading behalf of the Sponsored Customer, and relevant information sharing with the activity of a Sponsored Customer must provide such Authorized Traders with Exchange by the member to obtain a be monitored by the Sponsoring appropriate training prior to any use or port. The Exchange is therefore aware of Member for compliance with the terms access to the Exchange. In addition, the member responsible for each of its of the Customer Agreement with the pursuant to the Customer Agreement ports. The Exchange may also request Sponsored Customer. Finally, provisions required by Rule 706, further information about a member’s Sponsoring Members continue to be Supplementary Material .01(b)(vii), the particular customer relationship, obligated to comply with Sponsored Customer is obligated to take including the list of all Authorized Supplementary Material .01(b) to Rule reasonable security precautions to Traders who may have access to the 706 and the Market Access Rule. As prevent unauthorized use or access to Exchange on behalf of the Sponsored such, the Sponsoring Member is the Exchange, including unauthorized Customer, as it deems necessary.16 responsible for any and all actions taken entry of information into the Exchange’s The Exchange believes that by its Sponsored Customer and any System, or the information and data completing and submitting the person acting on behalf of or in the made available therein. Finally, the Sponsored Customer Agreement and name of such Sponsored Customer. Customer Agreement must provide that Addendum is unnecessarily The Addendum requirement was the Sponsored Customer is responsible burdensome in light of the current intended to notify the Exchange of the for any and all orders, trades and other structure in place at the Exchange. The relationship between the Sponsoring messages and instructions entered, Sponsored Customer Agreement Member and the Sponsored Customer, transmitted or received under requirement was intended to ensure that and to provide the Sponsoring identifiers, passwords and security the Sponsored Customer was informed Member’s express acknowledgment of codes of Authorized Traders, and for the of its obligation to comply with the the Sponsoring Member’s responsibility trading and other consequences thereof, Exchange’s Certificate of Formation, By- for the orders, executions and actions of including granting unauthorized access Laws, Rules and procedures, including its Sponsored Customer. However, as to the Exchange.20 The contents and the the requirements in Supplementary noted above, the Exchange may request requirement for a Customer Agreement Material .01(b)(2)(iii)–(ix).17 The additional information about a are unchanged. agreement also provided the Exchange particular customer relationship as it deems necessary.18 The Exchange will Clean-Up Changes 14 The Nasdaq Sponsored Access Rules likewise also require that its members disclose The Exchange proposes to correct two only require a Customer Agreement between the the Sponsored Customer relationship as typographical errors in subsections (vii) sponsored participant and sponsoring member. See a condition for approving any ports NQX Rule 4615(b)(i), BX Rule 4615(b)(i) and PHLX and (ix) of Supplementary Material Rule 1094(b)(i). requested for the purpose of providing .01(b)(2) to Rule 706. First in subsection 19 15 In such cases, the Nasdaq Exchanges also Sponsored Access. Accordingly, the (vii), the Exchange proposes to correct a require members to disclose the sponsored access Exchange will continue to be notified of typo by replacing ‘‘of’’ with ‘‘or’’ in the arrangement as a condition to approving the Sponsored Customer arrangements even first sentence. The proposed sentence member’s port request. MRX will similarly require with the removal of the Addendum. members requesting connectivity to MRX for the would therefore state ‘‘Sponsored purpose of providing Sponsored Access to disclose Furthermore, as discussed above, Customer shall take reasonable security sponsored access arrangements as a condition to Sponsoring Members continue to be precautions to prevent unauthorized use approval. obligated to comply with or access to the Exchange . . .’’ 16 See Rule 1601. Supplementary Material .01(b) to Rule Second, subsection (ix) would be 17 These requirements include, among others, the 706 and the Market Access Rule, and are Sponsored Customer’s obligation to maintain, keep amended to correct a typo in the last current and provide to the Sponsoring Member a therefore responsible for any and all portion of the first sentence. In list of Authorized Traders who may obtain access actions taken by its Sponsored Customer particular, the phrase ‘‘. . . Sponsored to the Exchange on behalf of the Sponsored and any person acting on behalf of or in Customers access to and use of the Customer. In addition, the Sponsored Customer the name of such Sponsored Customer. must take reasonable security precautions to Exchange’’ should be ‘‘. . . Sponsored prevent unauthorized use or access to the Exchange, and is responsible for having adequate procedures 18 See Rule 1601. 20 See Rule 706, Supplementary Material and controls in place to comply with MRX’s rules. 19 See note 15 above. .01(b)(vii).

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Customer’s access to and use of the trade on the Exchange, as a ‘‘Customer the Customer Agreement, which Exchange.’’ Both of these proposed Agreement’’ will also serve to provide remains in effect. The Exchange also changes are non-substantive clean-ups, members with clarity on the agreement believes that the Addendum is and are intended to ensure that the rule that the Exchange will continue to unnecessary in light of the fact that text is as accurate and clear as possible. require and the obligations that are Sponsoring Members must request contained within the Customer 2. Statutory Basis connectivity to the Exchange as well as Agreement. This amendment is non- enter into a Customer Agreement with The Exchange believes that its substantive. the Sponsored Customer. Furthermore, proposal is consistent with Section 6(b) Market Access Rule as discussed above, the Exchange will of the Act,21 in general, and furthers the require members to disclose the objectives of Section 6(b)(5) of the Act,22 As discussed above, Exchange Sponsored Customer relationship as a in particular, in that it is designed to members will continue to be required to condition to approving the member’s promote just and equitable principles of comply with Supplementary Material to port request to provide Sponsored trade, to remove impediments to and Rule 706 and the Market Access Rule. Access. Finally, as is the case with other perfect the mechanism of a free and The Exchange believes that specifically Exchange rules, the Exchange examines open market and a national market enumerating the member’s for compliance with Supplementary system, and, in general to protect responsibility to comply with the Material to Rule 706 and may request investors and the public interest. Market Access Rule within the Rule information about any customer Overall, the proposed rule change is itself will provide members with relationship which concerns the intended to align the Exchange’s additional guidance concerning the Exchange pursuant to Rule 1601. sponsored access rules in application of the Rule. This change is Supplementary Material to Rule 706 non-substantive as members are Clean-Up Changes with the Nasdaq Sponsored Access currently responsible for complying The Exchange believes that the Rules, and is part of the Exchange’s with the Market Access Rule. proposed changes to correct the two continued effort to promote efficiency Elimination of Certain Contract typos in subsections (vii) and (ix) of and conformity of its processes with Requirements Supplementary Material .01(b)(2) to those of the Nasdaq Exchanges. Rule 706 will add further clarification to Consistent rules and processes across Removing the requirements to submit the Exchange’s Rulebook and alleviate the Affiliated Exchanges would in turn and complete a Sponsored Customer potential confusion as to the simplify the regulatory requirements for Agreement and Addendum will remove applicability of the Exchange’s rules, members of the Exchange that are also impediments to and perfect the which will protect investors and the participants on the Nasdaq Exchanges. mechanism of a free and open market by public interest. The Exchange believes that its proposal aligning the Exchange’s sponsored B. Self-Regulatory Organization’s would provide greater harmonization access rules with the Nasdaq Sponsored Statement on Burden on Competition among similar rules and procedures of Access Rules, which currently do not the Affiliated Exchanges, resulting in require additional agreements for their The Exchange does not believe that greater uniformity and more efficient sponsored participants other than a the proposed rule change will impose 23 regulatory compliance. As such, the Customer Agreement. The Exchange any burden on competition not proposed rule change would foster believes that its proposal would create necessary or appropriate in furtherance cooperation and coordination with equivalent sponsored access standards of the purposes of the Act because all persons engaged in facilitating and requirements among the Affiliated members would be subject to the same transactions in securities and would Exchanges and also provide clarity to its sponsored access requirements, as remove impediments to and perfect the members, which is beneficial to both discussed above. The proposed rule mechanism of a free and open market investors and the public interest. While change is designed to provide greater and national market system. elimination of the Sponsored Customer harmonization among the sponsored Agreement requirement will also access rules across the Affiliated Defining Sponsored Access eliminate the Exchange’s contractual Exchanges, resulting in more efficient Adding a definition of Sponsored privity with the Sponsored Customer, regulatory compliance for common Access will assist market participants to the Exchange notes that any potential members, and is not intended to have understand the type of arrangements concerns to the loss of privity are any competitive effect. that are subject to Supplementary mitigated by the Exchange’s ability to C. Self-Regulatory Organization’s Material to Rule 706, and such clarity restrict the Sponsored Customer’s access Statement on Comments on the will serve to promote just and equitable to a port at any time it is warranted by Proposed Rule Change Received From principles of trade. The Exchange the Sponsored Customer’s trading Members, Participants, or Others believes that adding the Sponsored activity. As discussed above, Access definition will provide its connectivity to the Exchange must be No written comments were either members with additional guidance with requested by a member of the Exchange. solicited or received. respect to this Rule. Such connection requires approval by III. Date of Effectiveness of the the Exchange, testing and other security Defining Customer Agreement Proposed Rule Change and Timing for features as well as information sharing Commission Action Defining the agreement that with the Exchange by the member. In Sponsored Customers must enter into addition, Supplementary Material Because the foregoing proposed rule and maintain with one or more .01(b)(2) to Rule 706 delineates the change does not: (i) Significantly affect Sponsoring Members to establish proper terms of the required contractual the protection of investors or the public relationship(s) and account(s) through relationship between the Sponsoring interest; (ii) impose any significant which the Sponsored Customer may Member and the Sponsored Customer in burden on competition; and (iii) become operative for 30 days from the date on 21 15 U.S.C. 78f(b). 23 See NQX Rule 4615, BX Rule 4615 and PHLX which it was filed, or such shorter time 22 15 U.S.C. 78f(b)(5). Rule 1094. as the Commission may designate, it has

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become effective pursuant to Section change is consistent with the Act. SECURITIES AND EXCHANGE 19(b)(3)(A)(iii) of the Act 24 and Comments may be submitted by any of COMMISSION subparagraph (f)(6) of Rule 19b–4 the following methods: thereunder.25 Proposed Collection; Comment A proposed rule change filed Electronic Comments Request pursuant to Rule 19b–4(f)(6) under the • Use the Commission’s internet Upon Written Request, Copies Available Act 26 normally does not become comment form (http://www.sec.gov/ From: Securities and Exchange operative for 30 days after the date of its rules/sro.shtml); or Commission, Office of FOIA Services, filing. However, Rule 19b–4(f)(6)(iii) 27 • 100 F Street NE, Washington, DC permits the Commission to designate a Send an email to rule-comments@ 20549–2736. shorter time if such action is consistent sec.gov. Please include File Number SR– with the protection of investors and the MRX–2018–14 on the subject line. Extension: Rule 12b–1, SEC File No. 270–188, OMB public interest. The Exchange has asked Paper Comments the Commission to waive the 30-day Control No. 3235–0212. operative delay so that the proposal may • Send paper comments in triplicate Notice is hereby given that, pursuant become operative immediately upon to Secretary, Securities and Exchange to the Paperwork Reduction Act of 1995 filing. The Exchange represents that Commission, 100 F Street NE, (44 U.S.C. 3501 et seq.), the Securities waiver of the operative delay would Washington, DC 20549–1090. and Exchange Commission (the allow the Exchange to harmonize its ‘‘Commission’’) is soliciting comments sponsored access rule to the rules of the All submissions should refer to File on the collection of information Nasdaq Exchanges.28 The Commission Number SR–MRX–2018–14. This file summarized below. The Commission believes that waiving the 30-day number should be included on the plans to submit this existing collection operative delay is consistent with the subject line if email is used. To help the of information to the Office of protection of investors and the public Commission process and review your Management and Budget (‘‘OMB’’) for interest because the proposed rule comments more efficiently, please use extension and approval. change would simplify the regulatory only one method. The Commission will Rule 12b–1 under the Investment requirements of members of the post all comments on the Commission’s Company Act of 1940 (17 CFR Exchange that are also participants on internet website (http://www.sec.gov/ 270.12b–1) permits a registered open- the Nasdaq Exchanges. Further, the rules/sro.shtml). Copies of the end investment company (‘‘fund’’) to Commission does not believe that the submission, all subsequent bear expenses associated with the proposed rule change raises any new or amendments, all written statements distribution of its shares, provided that novel issues. Accordingly, the with respect to the proposed rule the fund complies with certain Commission hereby waives the change that are filed with the requirements, including, among other operative delay and designates the Commission, and all written things, that it adopt a written plan proposal operative upon filing.29 communications relating to the (‘‘rule 12b–1 plan’’) and that it preserves At any time within 60 days of the proposed rule change between the in writing any agreements relating to the filing of the proposed rule change, the Commission and any person, other than rule 12b–1 plan. The rule in part Commission summarily may those that may be withheld from the requires that (i) the adoption or material temporarily suspend such rule change if public in accordance with the amendment of a rule 12b–1 plan be it appears to the Commission that such provisions of 5 U.S.C. 552, will be approved by the fund’s directors, action is: (i) Necessary or appropriate in available for website viewing and including its independent directors, the public interest; (ii) for the protection printing in the Commission’s Public and, in certain circumstances, its of investors; or (iii) otherwise in Reference Room, 100 F Street NE, shareholders; (ii) the board review furtherance of the purposes of the Act. Washington, DC 20549, on official quarterly reports of amounts spent If the Commission takes such action, the business days between the hours of under the rule 12b–1 plan; and (iii) the Commission shall institute proceedings 10:00 a.m. and 3:00 p.m. Copies of the board, including the independent to determine whether the proposed rule filing also will be available for directors, consider continuation of the should be approved or disapproved. inspection and copying at the principal rule 12b–1 plan and any related office of the Exchange. All comments agreements at least annually. Rule IV. Solicitation of Comments received will be posted without change. 12b–1 also requires funds relying on the Interested persons are invited to Persons submitting comments are rule to preserve for six years, the first submit written data, views, and cautioned that we do not redact or edit two years in an easily accessible place, arguments concerning the foregoing, personal identifying information from copies of the rule 12b–1 plan and any including whether the proposed rule comment submissions. You should related agreements and reports, as well submit only information that you wish as minutes of board meetings that 24 15 U.S.C. 78s(b)(3)(A)(iii). to make available publicly. All describe the factors considered and the 25 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– submissions should refer to File basis for adopting or continuing a rule 4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file Number SR–MRX–2018–14 and should 12b–1 plan. the proposed rule change at least five business days be submitted on or before June 11, 2018. Rule 12b–1 also prohibits funds from prior to the date of filing of the proposed rule paying for distribution of fund shares For the Commission, by the Division of change, or such shorter time as designated by the with brokerage commissions on their Commission. The Exchange has satisfied this Trading and Markets, pursuant to delegated requirement. authority.30 portfolio transactions. The rule requires 26 funds that use broker-dealers that sell 17 CFR 240.19b–4(f)(6). Eduardo A. Aleman, 27 17 CFR 240.19b–4(f)(6)(iii). their shares to also execute their 28 See supra note 3. Assistant Secretary. portfolio securities transactions, to 29 For purposes only of waiving the 30-day [FR Doc. 2018–10706 Filed 5–18–18; 8:45 am] implement policies and procedures operative delay, the Commission has also BILLING CODE 8011–01–P reasonably designed to prevent: (i) The considered the proposed rule’s impact on efficiency, competition, and capital formation. See persons responsible for selecting broker- 15 U.S.C. 78c(f). 30 17 CFR 200.30–3(a)(12). dealers to effect transactions in fund

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portfolio securities from taking into to the Commission will not be kept SECURITIES AND EXCHANGE account broker-dealers’ promotional or confidential. An agency may not COMMISSION sales efforts when making those conduct or sponsor, and a person is not decisions; and (ii) a fund, its adviser, or [Release No. 34–83241; File No. SR–CBOE– required to respond to a collection of 2018–039] its principal underwriter, from entering information unless it displays a into any agreement under which the currently valid OMB control number. Self-Regulatory Organizations; Cboe fund directs brokerage transactions or Exchange, Inc.; Notice of Filing and revenue generated by those transactions Written comments are invited on: (a) Whether the collection of information is Immediate Effectiveness of a Proposed to a broker-dealer to pay for distribution Rule Change Relating to Its Fees of the fund’s (or any other fund’s) necessary for the proper performance of the functions of the Commission, Schedule in Connection With the shares. Exchange’s Planned Migration of including whether the information has The board and shareholder approval Standard Third-Friday Options on the practical utility; (b) the accuracy of the requirements of rule 12b–1 are designed S&P 500 Index to the Hybrid Trading to ensure that fund shareholders and Commission’s estimate of the burden of System From the Hybrid 3.0 System directors receive adequate information the collection of information; (c) ways to to evaluate and approve a rule 12b–1 enhance the quality, utility, and clarity May 15, 2018. plan and, thus, are necessary for of the information collected; and (d) Pursuant to Section 19(b)(1) of the investor protection. The requirement of ways to minimize the burden of the Securities Exchange Act of 1934 (the quarterly reporting to the board is collection of information on ‘‘Act’’),1 and Rule 19b–4 thereunder,2 designed to ensure that the rule 12b–1 respondents, including through the use notice is hereby given that on May 3, plan continues to benefit the fund and of automated collection techniques or 2018, Cboe Exchange, Inc. (the its shareholders. The recordkeeping other forms of information technology. ‘‘Exchange’’ or ‘‘Cboe Options’’) filed requirements of the rule are necessary to Consideration will be given to with the Securities and Exchange enable Commission staff to oversee comments and suggestions submitted in Commission (the ‘‘Commission’’) the compliance with the rule. The writing within 60 days of this proposed rule change as described in requirement that funds or their advisers publication. Items I and II below, which Items have implement, and fund boards approve, been prepared by the Exchange. The policies and procedures in order to Please direct your written comments Exchange filed the proposal as a ‘‘non- prevent persons charged with allocating to Pamela Dyson, Chief Information controversial’’ proposed rule change fund brokerage from taking distribution Officer, Securities and Exchange pursuant to Section 19(b)(3)(A)(iii) of efforts into account is designed to Commission, c/o Remi Pavlik-Simon, the Act 3 and Rule 19b–4(f)(6) ensure that funds’ selection of brokers to 100 F Street NE, Washington, DC 20549; thereunder.4 The Commission is effect portfolio securities transactions is or send an email to: PRA_Mailbox@ publishing this notice to solicit not influenced by considerations about sec.gov. comments on the proposed rule change the sale of fund shares. from interested persons. Commission staff estimates that there All submissions should refer to File are approximately 7,858 fund portfolios Number 270–188. This file number I. Self-Regulatory Organization’s that have at least one share class subject should be included on the subject line Statement of the Terms of Substance of to a rule 12b–1 plan and approximately if email is used. The Commission will the Proposed Rule Change post all comments on the Commission’s 323 fund families with common boards The Exchange proposes to amend its of directors that have at least one fund internet website (http://www.sec.gov). Fees Schedule in connection with the with a 12b–1 plan. The Commission All comments received will be posted Exchange’s planned migration of further estimates that the annual hour without change; we do not edit personal standard third-Friday options on the burden for complying with the rule is identifying information from S&P 500 Index (‘‘SPX options’’) to the 425 hours for each fund family with a submissions. You should submit only Hybrid Trading System from the Hybrid portfolio that has a rule 12b–1 plan. We information that you wish to make 3.0 System. therefore estimate that the total hourly available publicly. The text of the proposed rule change burden per year for all funds to comply Dated: May 16, 2018. is also available on the Exchange’s with current information collection website (http://www.cboe.com/About Eduardo A. Aleman, requirements under rule 12b–1 is CBOE/CBOELegalRegulatory 137,275 hours. Commission staff Assistant Secretary. Home.aspx), at the Exchange’s Office of estimates that approximately three [FR Doc. 2018–10776 Filed 5–18–18; 8:45 am] the Secretary, and at the Commission’s funds per year prepare a proxy in BILLING CODE 8011–01–P Public Reference Room. connection with the adoption or material amendment of a rule 12b–1 II. Self-Regulatory Organization’s plan. The staff further estimates that the Statement of the Purpose of, and cost of each fund’s proxy is $34,849. Statutory Basis for, the Proposed Rule Thus, the total annual cost burden of Change rule 12b–1 to the fund industry is In its filing with the Commission, the $104,547. Exchange included statements Estimates of average burden hours concerning the purpose of and basis for and costs are made solely for purposes the proposed rule change and discussed of the Paperwork Reduction Act and are any comments it received on the not derived from a comprehensive or proposed rule change. The text of these even representative survey or study of the costs of Commission rules and 1 15 U.S.C. 78s(b)(1). forms. The collections of information 2 17 CFR 240.19b–4. required by Rule 12b–1 are necessary to 3 15 U.S.C. 78s(b)(3)(A)(iii). obtain the benefits of the rule. Notices 4 17 CFR 240.19b–4(f)(6).

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statements may be examined at the only in, that class.’’ The Exchange Exchange notes that the factors it places specified in Item IV below. The proposes to eliminate the reference to considers in appointing SPX SMMs are Exchange has prepared summaries, set Hybrid 3.0 class (which includes both the same as the factors it currently uses forth in sections A, B, and C below, of SPX and SPXW) and replace it with to appoint LMMs.9 The Exchange also the most significant aspects of such ‘‘SPX and/or SPXW’’. The Exchange proposes to provide that removal of an statements. also proposes to eliminate the SPX SMM may be effected by the Exchange on the basis of the failure of A. Self-Regulatory Organization’s parenthetical that follows the new the SPX SMM to meet the heightened Statement of the Purpose of, and reference, as it does not believe it’s quoting standards or any other Statutory Basis for, the Proposed Rule necessary given that the proposed applicable Exchange Rule, which Change reference specifies the exact products affected (i.e., SPX and SPXW). The standard is the same as used for the 1. Purpose Exchange notes that no substantive removal of LMMs.10 If an SPX SMM is By way of background, a.m.-settled changes are being made by the proposed removed or if for any reason an SPX standard third-Friday options on the ‘‘Hybrid 3.0’’ deletions and SMM is no longer eligible for, or resigns, S&P 500 Index (‘‘SPX options’’) were corresponding reference updates. its appointment, the Exchange may previously traded on the Hybrid 3.0 The Exchange lastly proposes to adopt appoint one or more interim SPX SMMs trading platform. On April 30, 2018, the a financial incentive program for SPX for the remainder of the term or shorter Exchange retired the Hybrid 3.0 Select Market-Makers (‘‘SPX SMMs’’), time period designated by the Exchange. platform and transitioned SPX options effective May 1, 2018. More specifically, With respect to quoting obligations, series then traded on the Hybrid 3.0 the Exchange proposes to provide the Exchange first notes that to the trading platform during Regular Trading incentives to Market-Makers that are extent the Exchange approves a Market- Hours (‘‘RTH’’) onto the standard appointed as SPX SMMs and meet Maker to act as an SPX SMM, the SMM heightened quoting obligations.6 SPX must comply with the continuous Hybrid trading platform. The Exchange 11 notes that SPX options were the only SMMs that meet the heightened quoting quoting obligation and other product traded on the Hybrid 3.0 standard (which shall be explained obligations of Market-Makers described platform and consequently, the symbol herein), will receive one Market-Maker in Cboe Options Rules. The Exchange for these series remains SPX. In light of Permit and one SPX Tier Appointment proposes that an SPX SMM will receive SPX’s transition to Hybrid, the free of charge. one Market-Maker Trading Permit and Exchange proposes to amend its Fees By way of background, the Exchange one SPX Tier Appointment free of Schedule with respect to references to previously appointed Lead Market- charge if it (1) provides continuous Hybrid 3.0 and also adopt an SPX Select Makers (‘‘LMMs’’) in SPX. The electronic quotes in 95% of all SPX Market-Makers (‘‘SPX SMMs’’) financial Exchange does not intend to appoint series 90% of the time in a given month, incentive program.5 LMMs in SPX following its transition to (2) submits opening quotes that are no First, the Exchange proposes to the Hybrid trading platform. Rather, the wider than the Opening Exchange eliminate references to Hybrid 3.0 in the Exchange proposes to provide a Prescribed Width (‘‘OEPW’’) within one Fees Schedule. Particularly, the financial incentive to Market-Makers minute of the initiation of an opening Exchange proposes to rename the that satisfy heightened quoting rotation in any series that is not open ‘‘Hybrid 3.0 Execution Surcharge (SPX standards and are appointed by the due to the lack of a qualifying quote, on only)’’ to the ‘‘SPX Hybrid Execution Exchange to serve as SPX SMMs.7 all trading days, to ensure electronic Surcharge (SPX only)’’. As noted above, Similar to LMMs, the Exchange quotes on the open that allow the series SPX options were the only product proposes to provide that it may approve to open, (3) submit opening quotes that available to trade on Hybrid 3.0 and as one or more Market-Makers to act as an are no wider than the OEPW quote by such, the term Hybrid 3.0 as used for the SMM in SPX for terms of at least one 8:00 a.m. (CT) on volatility settlement Hybrid 3.0 Execution Surcharge was year.8 Various factors will be considered days and (4) provide quotes for the end- synonymous with SPX options. The by the Exchange in selecting SPX of-month fair value closing rotation on Exchange similarly proposes to delete SMMs, which include: Adequacy of a rotating basis. The Exchange may and update references to Hybrid 3.0 in capital, experience in trading options, consider other exceptions to this corresponding Footnote 21. The presence in the trading crowd, quoting standard based on demonstrated Exchange next proposes to eliminate the adherence to Exchange rules and ability legal or regulatory requirements or other reference to Hybrid 3.0 in the ‘‘Quoting to meet the heightened quoting mitigating circumstances. SPX SMMs Bandwidth’’ section under ‘‘Trading standard, described further below. The will not be obligated to satisfy the Permit Descriptions’’ in the Trading aforementioned heightened quoting Permit and Tier Appointment Fees 6 SPX SMMs would serve as SPX SMMs during standard. Rather, SPX SMMs will only table. Specifically, the Fees Schedule the RTH session only for a.m.-settled standard receive a waiver of fees otherwise currently provides: ‘‘To the extent a third-Friday options on the S&P 500 Index only assessed for one Market-Maker Trading (i.e., does not apply to SPXW). Permit and one SPX Tier Appointment Market-Maker is able to submit 7 This is similar to Market-Makers that serve as if they satisfy the abovementioned electronic quotes in a Hybrid 3.0 class LMMs during the Exchange’s Extended Trading (such as an LMM that streams quotes in Hours Session (‘‘ETH’’) (including SPX LMMs heightened quoting standard. If an SPX the class or a Market-Maker or LMM during ETH). SMM does not meet the heightened 8 that streams quotes in a series of a On March 23, 2018, the Exchange issued an quoting standard, then they simply will Exchange Notice which announced that the not receive one free Trading Permit and Hybrid 3.0 class that trades on the Exchange had appointed 4 LMMs (now proposed to Hybrid Trading System), the Market- be known as ‘‘SPX SMMs’’) in SPX for A.M.-settled Tier Appointment for that month. The Maker shall receive the quoting SPX options (P.M.-settled options, which already Exchange believes the proposed bandwidth allowance to quote in, and trade on Hybrid, will continue to utilize a incentive however, will encourage SPX competing Market-Maker structure without any SMMs to provide significant liquidity in LMMs). The SPX SMM appointments will be 5 The Exchange initially filed the proposed fee effective for a one-year period, beginning on the changes on April 20, 2018 (SR–CBOE–2018–032). launch date for SPX trading on Hybrid. The 9 See Cboe Options Rule 8.15(a)(i). On May 3, 2018, the Exchange withdrew that filing financial incentive will not apply for the month of 10 See Cboe Options Rule 8.15(a)(ii). and submitted this filing. April 2018. 11 See e.g., Cboe Options Rule 8.7.

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SPX. Additionally, the Exchange notes The Exchange believes it is reasonable B. Self-Regulatory Organization’s that it expects that TPHs may need to to offer SPX SMMs that meet a certain Statement on Burden on Competition undertake expenses to be able to quote heightened quoting standard (described at a significantly heightened standard in above) one free Market-Maker Trading The Exchange does not believe that these classes, such as purchase Permit and one SPX Tier Appointment the proposed rule changes will impose additional bandwidth. The Exchange given the potential added costs that an any burden on competition that are not notes that the proposed financial SPX SMM may undertake in order to necessary or appropriate in furtherance incentive program for SPX SMMs is satisfy that heightened quoting standard of the purposes of the Act. The similar to the rebate program adopted (e.g., having to purchase additional Exchange does not believe that the for ETH LMMs, as both programs offer bandwidth). Additionally, if an SPX proposed rule change will impose any financial benefits for meeting increased SMM does not satisfy the heightened burden on intramarket competition that quoting standards as opposed to quoting standard, then it will not is not necessary or appropriate in providing benefits for those that are receive the proposed free Trading furtherance of the purposes of the Act required to meet heightened quoting Permit and Tier Appointment. because, while the financial incentive is obligations.12 The Exchange believes it is equitable offered only to certain market and not unfairly discriminatory to only participants (i.e., appointed SPX SMMs 2. Statutory Basis offer the financial incentive to SPX that meet a heightened quoting SMMs because it benefits all market The Exchange believes the proposed standard), those market participants rule change is consistent with the participants trading in the SPX to encourage SPX SMMs to satisfy the must meet heightened quoting standards Securities Exchange Act of 1934 (the to receive the financial incentive. ‘‘Act’’) and the rules and regulations heightened quoting standards, which may increase liquidity and provide Additionally, SPX SMMs may incur thereunder applicable to the Exchange additional costs to meet the heightened and, in particular, the requirements of more trading opportunities and tighter spreads. Because there are no additional quoting standard. The Exchange Section 6(b) of the Act.13 Specifically, required obligations imposed on SPX believes the financial incentive of one the Exchange believes the proposed rule SMMs, they receive no additional free Trading Permit and Tier change is consistent with the Section benefits (e.g., no participation Appointment encourages those market 6(b)(5)14 requirements that the rules of entitlement). The Exchange notes that participants to bring liquidity to the an exchange be designed to prevent creating an incentive in which SPX fraudulent and manipulative acts and Exchange in SPX options (which SMMs must satisfy a heightened practices, to promote just and equitable benefits all market participants). standard encourages Market-Makers that principles of trade, to foster cooperation The Exchange does not believe that are appointed as SPX SMMs to provide and coordination with persons engaged the proposed rule changes will impose significant liquidity in SPX. The in regulating, clearing, settling, Exchange notes that without the any burden on intermarket competition processing information with respect to, proposed financial incentive, there that is not necessary or appropriate in and facilitating transactions in would not be sufficient incentive for furtherance of the purposes of the Act securities, to remove impediments to Trading Permit Holders to undertake an because SPX options are proprietary and perfect the mechanism of a free and obligation to quote at heightened levels, products that will only be traded on open market and a national market which could result in lower levels of Cboe Options. To the extent that the system, and, in general, to protect liquidity. The SPX SMM incentive proposed changes make Cboe Options a investors and the public interest. program is also reasonable, as it is more attractive marketplace for market Additionally, the Exchange believes the designed to encourage increased quoting participants at other exchanges, such proposed rule change is consistent with to add liquidity in SPX, thereby market participants are welcome to 15 Section 6(b)(4) of the Act, which protecting investors and the public become Cboe Options market requires that Exchange rules provide for interest. participants. the equitable allocation of reasonable The Exchange also believes the dues, fees, and other charges among its incentive program is not unfairly C. Self-Regulatory Organization’s Trading Permit Holders and other discriminatory, as all Trading Permit Statement on Comments on the persons using its facilities. Holders have the opportunity to apply Proposed Rule Change Received From The Exchange believes eliminating to act as SPX SMMs and participate in Members, Participants, or Others references to ‘‘Hybrid 3.0’’ in the Fees the incentive program, and the Schedule helps avoid confusion by Exchange will appoint SPX SMMs based The Exchange neither solicited nor eliminating language that will be on the factors described above, which received comments on the proposed rendered obsolete following the are proposed to be set forth in the Fees rule change. transition of moving the only product Schedule and otherwise disclosed to III. Date of Effectiveness of the 16 trading on the Hybrid 3.0 platform (i.e., Trading Permit Holders. The Proposed Rule Change and Timing for Exchange notes that the factors used by SPX options series) to the Hybrid Commission Action trading platform, thereby removing the Exchange in appointing SPX SMMs impediments to and perfecting the are the same currently used to appoint Because the proposed rule change mechanism of a free and open market LMMs.17 The Exchange lastly notes that does not (i) significantly affect the and a national market system. The a similar financial incentive program protection of investors or the public Exchange notes that no substantive was adopted for appointed LMMs in interest; (ii) impose any significant 18 changes are being made by eliminating ETH. burden on competition; and (iii) become references to Hybrid 3.0. 16 See Exchange Notice ‘‘Solicitation for SPX operative for 30 days from the date on Lead Market-Makers (‘‘LMMs’’) During Regular which it was filed, or such shorter time 12 See Cboe Options Fees Schedule, Footnote 38. Trading Hours (‘‘RTH’’)’’ (dated February 27, 2018). as the Commission may designate, it has 13 15 U.S.C. 78f(b). 17 See Cboe Options Rule 8.15(i). become effective pursuant to Section 14 15 U.S.C. 78f(b)(5). 18 See Cboe Options Fees Schedule, Footnote 38 15 15 U.S.C. 78f(b)(4). and Cboe Options Rule 6.1A.

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19(b)(3)(A) of the Act 19 and Rule 19b– IV. Solicitation of Comments For the Commission, by the Division of 4(f)(6) thereunder.20 Trading and Markets, pursuant to delegated Interested persons are invited to authority.24 A proposed rule change filed submit written data, views, and Eduardo A. Aleman, pursuant to Rule 19b–4(f)(6) under the arguments concerning the foregoing, Assistant Secretary. Act 21 normally does not become including whether the proposed rule [FR Doc. 2018–10708 Filed 5–18–18; 8:45 am] operative for 30 days after the date of its change is consistent with the Act. 22 BILLING CODE 8011–01–P filing. However, Rule 19b–4(f)(6)(iii) Comments may be submitted by any of permits the Commission to designate a the following methods: shorter time if such action is consistent SECURITIES AND EXCHANGE with the protection of investors and the Electronic Comments COMMISSION public interest. The Exchange has asked • Use the Commission’s internet the Commission to waive the 30-day [Release No. 34–83243; File No. SR–ICEEU– comment form (http://www.sec.gov/ 2018–001] operative delay so that the proposal may rules/sro.shtml); or become operative immediately upon • Self-Regulatory Organizations; ICE filing. According to the Exchange, Send an email to rule-comments@ Clear Europe Limited; Order Approving waiver of the operative delay will allow sec.gov. Please include File Number SR– Proposed Rule Change Relating to the immediate implementation of the CBOE–2018–039 on the subject line. Amendments to the ICE Clear Europe SPX SMM program and updated Paper Comments CDS Clearing Stress Testing Policy references relating to ‘‘Hybrid 3.0’’. The Exchange also states that delaying the • Send paper comments in triplicate May 15, 2018. implementation of the SPX SMM to Secretary, Securities and Exchange I. Introduction program could result in lower levels of Commission, 100 F Street NE, On February 6, 2018, ICE Clear liquidity, as without the program there Washington, DC 20549–1090. Europe Limited (‘‘ICE Clear Europe’’) may not be sufficient incentive for All submissions should refer to File filed with the Securities and Exchange Trading Permit Holders to undertake an Commission (‘‘Commission’’), pursuant obligation to quote at heightened levels. Number SR–CBOE-2018–039. This file number should be included on the to Section 19(b)(1) of the Securities In addition, the Exchange states that the 1 subject line if email is used. To help the Exchange Act of 1934 (‘‘Act’’), and rule SPX SMM program does not present any 2 Commission process and review your 19b–4 thereunder, a proposed rule new or novel issues. The Commission change (SR–ICEEU–2018–001) to revise believes the waiver of the operative comments more efficiently, please use only one method. The Commission will its CDS Clearing Stress-Testing Policy delay is consistent with the protection (‘‘Stress Testing Policy’’) to, among of investors and the public interest. As post all comments on the Commission’s internet website (http://www.sec.gov/ other things: (i) Re-categorize its CDS discussed above by the Exchange, there stress testing scenarios; (ii) add rules/sro.shtml). Copies of the are no new or novel issues raised by the provisions addressing specific wrong submission, all subsequent proposed rule change. Therefore, the way risk; (iii) implement new forward- amendments, all written statements Commission hereby waives the looking credit event scenarios; and (iv) operative delay and designates the with respect to the proposed rule make certain clarifications and change that are filed with the proposal operative upon filing.23 enhancements. The proposed rule Commission, and all written At any time within 60 days of the change was published for comment in communications relating to the the Federal Register on February 16, filing of the proposed rule change, the proposed rule change between the 3 Commission summarily may 2018. The Commission did not receive Commission and any person, other than comments on the proposed rule change. temporarily suspend such rule change if those that may be withheld from the On April 2, 2018, the Commission it appears to the Commission that such public in accordance with the designated a longer period for action is necessary or appropriate in the provisions of 5 U.S.C. 552, will be Commission action on the proposed rule public interest, for the protection of available for website viewing and change.4 For the reasons discussed investors, or otherwise in furtherance of printing in the Commission’s Public below, the Commission is approving the the purposes of the Act. If the Reference Room, 100 F Street NE, proposed rule change. Commission takes such action, the Washington, DC 20549 on official Commission shall institute proceedings business days between the hours of II. Description of the Proposed Rule Change to determine whether the proposed rule 10:00 a.m. and 3:00 p.m. Copies of the change should be approved or filing also will be available for As currently constructed, ICE Clear disapproved. inspection and copying at the principal Europe’s Stress Testing Policy contains office of the Exchange. All comments a number of stress testing scenarios. 19 15 U.S.C. 78s(b)(3)(A). received will be posted without change. These stress testing scenarios are 20 17 CFR 240.19b–4(f)(6). As required under Rule Persons submitting comments are applied to portfolios of positions as part 19b–4(f)(6)(iii), the Exchange provided the of ICE Clear Europe’s risk management Commission with written notice of its intent to file cautioned that we do not redact or edit the proposed rule change, along with a brief personal identifying information from processes for its credit default swap 5 description and the text of the proposed rule comment submissions. You should (‘‘CDS’’) product class. Under the change, at least five business days prior to the date submit only information that you wish of filing of the proposed rule change, or such 1 15 U.S.C. 78s(b)(1). shorter time as designated by the Commission. to make available publicly. All 2 17 CFR 240.19b–4. 21 17 CFR 240.19b–4(f)(6). submissions should refer to File 3 Securities Exchange Act Release No. 34–82692 22 17 CFR 240.19b–4(f)(6)(iii). Number SR–CBOE–2018–039 and (February 12, 2018), 83 FR 7096 (February 16, 2018) 23 For purposes only of waiving the 30-day should be submitted on or before June (SR–ICEEU–2018–001) (‘‘Notice’’). operative delay, the Commission has also 11, 2018. 4 Securities Exchange Act Release No. 34–82978 considered the proposed rule’s impact on (April 2, 2018), 83 FR 14901 (April 6, 2018) (SR– efficiency, competition, and capital formation. See ICEEU–2018–001). 15 U.S.C. 78c(f). 24 17 CFR 200.30–3(a)(12). 5 Notice, 83 FR at 7096.

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proposed amendments, ICE Clear account the full uncollateralized loss Risk Committee in the event relevant Europe would re-categorize the current given default.12 thresholds are breached.15 Specifically, stress testing scenarios included in its In addition to addressing specific these review requirements would Stress Testing Policy from the three wrong way risk, ICE Clear Europe also require that the Stress Testing Policy be standard categories currently used into proposes to amend its Stress Testing kept up-to-date, as well as provide for two broad categories: (i) Extreme but Policy to add a section that discusses an annual review by ICE Clear Europe’s plausible market scenarios; and (ii) the overall Board risk appetite CDS Risk Committee and the Board Risk extreme market scenarios.6 Included in framework to align the Stress Testing Committee. Additionally, the proposed the extreme but plausible market Policy with other policy documents that rule change would implement a scenarios category would be both also contain discussion of the Board risk notification and escalation process in historical scenarios (for example, appetite framework.13 Currently, the the event that certain established scenarios based on the 2008/2009 credit Stress Testing Policy does not contain a thresholds are breached. Depending on crisis, and the Lehman Brothers default, discussion of ICE Clear Europe’s Board the extent of the breach, the notification among others) and certain hypothetical risk appetite framework. and escalation process may require a scenarios (for example, hypothetical The section of the Stress Testing particular response and review of the inversion or steepening of credit spread Policy dealing with guaranty fund response by the Executive Risk adequacy currently provides for an curves, or the opposite of a historical Committee or the Board Risk Committee analysis of positions constituting scenario).7 Included in the extreme Finally, ICE Clear Europe proposes Clearing Member sold protection. Under market scenarios category would be certain clarifying edits including the proposed amendments, ICE Clear providing for updated references to ICE extreme but plausible scenarios, but Europe would amend this section of the Clear Europe personnel titles, with higher magnitudes of spread Stress Testing Policy to provide that management structures, and governance widening or tightening incorporated stress testing will be performed on both policies, and to also provide greater into the scenario.8 In addition, the Clearing Member sold and bought credit detail surrounding the scaling approach Stress Testing Policy would be amended protection positions to test the primary used for spread tightening or widening to clarify the approach used for scaling risk drivers of Clearing Member in connection with the extreme market the spread widening or tightening with Portfolios that would result in the scenarios. ICE Clear Europe also respect to the extreme market scenarios guaranty fund being depleted. proposes to remove from the Stress 9 category. In addition, the proposed changes to Testing Policy certain tables that In addition to re-categorizing existing this section would provide that the describe specific scenarios because such stress scenarios, ICE Clear Europe also maximum level for hypothetical spread tables are unnecessary in light of the proposes to add a new set of stress realizations used in the guaranty fund revised organizational structure testing scenarios, which would be adequacy analysis will be set such that described above.16 included in the extreme but plausible the stress test loss will result in full depletion of the guaranty fund.14 III. Discussion and Commission category of market scenarios. These new Findings scenarios would be forward-looking and Currently, the Stress Testing Policy does based on historical extreme but not explicitly provide a set maximum Section 19(b)(2)(C) of the Act directs plausible stress scenarios, but would that the hypothetical spread realizations the Commission to approve a proposed incorporate the occurrence of specified will reach, but instead provides that rule changes of a self-regulatory adverse credit events involving both certain ICE Clear Europe personnel are organization if it finds that such Clearing Member and non-Clearing to determine the extent to which proposed rule change is consistent with Member reference entities. ICE Clear hypothetical spread realizations widen. the requirements of the Act and the ICE Clear Europe also proposes to rules and regulations thereunder Europe also proposes to incorporate a 17 new ‘‘Opposite Lehman Brothers’’ revise the Stress Testing Policy by applicable to such organization. For scenario into its Stress Testing Policy.10 adding a new section that addresses the the reasons given below, the This new scenario would be included in validation of the models underlying the Commission finds that the proposed rule change is consistent with Section the extreme market scenarios category Stress Testing Policy, as well providing 17A(b)(3)(F) of the Act,18 and Rules and derived from a Lehman Brothers for review of the Stress Testing Policy 17Ad–22(e)(4)(vi)(A) through (D) and scenario that is part of the current Stress by ICE Clear Europe personnel, the CDS 17Ad–22(e)(4)(vii) thereunder.19 Testing Framework. Risk Committee, and the Board Risk Committee. Currently, the Stress Testing The current ICE Clear Europe Stress A. Consistency With Section Policy does not contain provisions 17A(b)(3)(F) Testing Policy does not address specific explicitly addressing validation of the 11 wrong way risk. Under the proposed models set forth in the Stress Testing Section 17A(b)(3)(F) of the Act amendments, ICE Clear Europe would Policy. Similarly, while the Stress requires, among other things, that the amend the Stress Testing Policy to Testing Policy contains provisions rules of a registered clearing agency be provide that, where a portfolio that is regarding review of the result of the designed to promote the prompt and subject to stress testing presents specific stress tests, it does not currently contain accurate clearance and settlement of wrong way risk, the calculation of provisions regarding review of the securities transactions and, to the extent hypothetical losses will take into policy itself. The new section of the applicable, derivative agreements, contracts, and transactions, and to Stress Testing Policy would provide for assure the safeguarding of securities and 6 Id. certain routine review, notification, and 7 funds which are in the custody or Id. at 7096–97. escalation processes on the part of 8 Notice, 83 FR at 7097. designated ICE Clear Europe personnel, 9 15 Notice, 83 FR at 7097. Id. the CDS Risk Committee, and the Board 10 Notice, 83 FR at 7097. 16 Id. 11 ICE Clear Europe defines specific wrong way 17 15 U.S.C. 78s(b)(2)(C). risk as the risk arising where a Clearing Member has 12 Id. 18 15 U.S.C. 78q–1(b)(3)(F). provided credit protection on itself or an affiliate. 13 Notice, 83 FR at 7097. 19 17 CFR 240.17Ad–22(e)(4)(vi)(A)–(D), See Notice, 83 FR at 7097. 14 Id. (e)(4)(vii).

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control of the clearing agency or for scenarios (forward-looking scenarios regarding the routine review of the which it is responsible.20 The proposed based on historical stress testing Stress Testing Policy, including, as rule change would re-categorize ICE scenarios and the Opposite Lehman described above, a requirement that the Clear Europe’s existing stress testing Brothers scenario), and also would Stress Testing Policy be kept up-to-date, scenarios while adding a new set of implement a hypothetical spread an annual review by ICE Clear Europe’s forward-looking stress testing scenarios widening level that would result in CDS Risk Committee and the Board Risk that incorporate adverse credit events depletion of the guaranty fund. These Committee, and implementation of a involving Clearing Member and non- standardized stress testing scenarios and notification and escalation process in Clearing Member reference entities, as related assumptions would be the event that certain established well as the Opposite Lehman Brothers incorporated into ICE Clear Europe’s thresholds are breached that could, stress testing scenario. The proposed existing Stress Testing Policy, which it depending on the extent of the breach, rule change also would address specific uses to conduct daily stress testing of its require a particular response and review wrong way risk, and would test the risk management financial resources. of the response by the Executive Risk guaranty fund for full depletion. Based on a review and analysis of the Committee or the Board Risk By (i) adopting the new forward- Notice and the Stress Testing Policy, the Committee. looking stress testing scenarios, as well Commission finds that the proposed The Commission believes that these as the Opposite Lehman Brothers rule change will add standardized stress proposed changes, in combination with scenario, (ii) incorporating the scenarios that are relevant to the existing provisions in the Stress Testing uncollateralized loss given default for products that ICE Clear Europe clears, Policy requiring detailed analysis of portfolios exhibiting specific wrong way including security-based swaps, and stress testing results on a monthly basis, risk, and (iii) testing the guaranty fund that these additions will allow ICE Clear or more frequent analysis in stressed for full depletion, the Commission Europe to obtain from the results of the market conditions, will enhance ICE believes that ICE Clear Europe will be new stress testing scenarios additional Clear Europe’s processes for review of able to obtain additional information information that will be relevant to its Stress Testing Policy and stress from the results of the new stress testing determining the sufficiency of its total testing results, and will also result in scenarios that it would not otherwise financial resources on a daily basis. have, and this additional information Therefore, the Commission finds that improved oversight by ICE Clear will be relevant to determining the the proposed rule change is consistent Europe’s Executive Risk Committee and appropriate level of risk management with the requirements of Rule 17Ad– Board Risk Committee. As a result, the resources that ICE Clear Europe should 22(e)(4)(vi)(A).23 Commission finds that the proposed maintain. As a result, the Commission rule changes are consistent with the C. Consistency With Rule 17Ad– believes that ICE Clear Europe will be requirements of Rules 17Ad– 22(e)(4)(vi)(B) Through (D) 25 better able to calculate and collect such 22(e)(4)(vi)(B) through (D). resources, which in turn will improve Rules 17Ad–22(e)(4)(vi)(B) through D. Consistency With Rule 17Ad– ICE Clear Europe‘s ability to promote (D) require, in relevant part, that a 22(e)(4)(vii) the prompt and accurate clearance and covered clearing agency establish, settlement of derivatives agreements, implement, maintain and enforce Rule 17Ad–22(e)(4)(vii) requires, in contracts, and transactions, and to written policies and procedures relevant part, a covered clearing agency assure the safeguarding of securities and reasonably designed to: (i) Conduct a to establish, implement, maintain and funds which are in the custody or comprehensive analysis on at least a enforce written policies and procedures control of ICE Clear Europe or for which monthly basis of the existing stress reasonably designed to perform a model it is responsible. Therefore, the testing scenarios, models, and validation for its credit risk models not Commission finds that the proposed underlying parameters and less than annually.26 The Commission rule change is consistent with the assumptions, and consider finds that, because the proposed rule requirements of Section 17A(b)(3)(F) of modifications to ensure they are change would amend the Stress Testing the Act.21 appropriate for determining the covered Policy to provide for an annual clearing agency’s required level of independent model validation, it is B. Consistency With Rule 17Ad– default protection in light of current and consistent with the requirements of Rule 22(e)(4)(vi)(A) evolving market conditions; (ii) conduct 17Ad–22(e)(4)(vii).27 Rule 17Ad–22(e)(4)(vi)(A) requires, in a comprehensive analysis of stress IV. Conclusion relevant part, that a covered clearing testing scenarios, models, and agency establish, implement, maintain, underlying parameters and assumptions On the basis of the foregoing, the and enforce written policies and more frequently than monthly when the Commission finds that the proposed procedures reasonably designed to test products cleared or markets served rule change is consistent with the the sufficiency of its total financial display high volatility or become less requirements of the Act and in resources available to meet the liquid, or when the size or particular with the requirements of minimum financial resource concentration of positions held by the Section 17A of the Act,28 and Rules requirements under Rule 17Ad– covered clearing agency’s participants 17Ad–22(e)(4)(vi)(A) through (D),29 and 22(e)(4)(i) through (iii) by conducting increases significantly; and (iii) report 17Ad–22(e)(4)(vii) 30 thereunder. stress testing of its total financial the results of the analyses described It is therefore ordered pursuant to resources once each day using standard above to appropriate decision makers at Section 19(b)(2) of the Act 31 that the predetermined parameters and the covered clearing agency, including 22 assumptions. As noted above, the but not limited to, its risk management 25 17 CFR 240.17Ad–22(e)(4)(vi)(B)–(D). 24 proposed rule change would add a set committee or board of directors. 26 17 CFR 240.17Ad–22(e)(4)(vii). of new standardized stress testing The proposed rule change would 27 Id. implement certain requirements 28 15 U.S.C. 78q–1. 20 15 U.S.C. 78q–1(b)(3)(F). 29 17 CFR 240.17Ad–22(e)(4)(vi)(A)–(D). 21 15 U.S.C. 78q–1(b)(3)(F). 23 17 CFR 240.17Ad–22(e)(4)(vi)(A). 30 17 CFR 240.17Ad–22(e)(4)(vii). 22 17 CFR 240.17Ad–22(e)(4)(vi)(A). 24 17 CFR 240.17Ad–22(e)(4)(vi)(B)–(D). 31 15. U.S.C. 78s(b)(2).

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proposed rule change (ICEEU–2018– II. Self-Regulatory Organization’s enter into certain agreements with the 001) be, and hereby is, approved.32 Statement of the Purpose of, and Exchange; and (4) make a number of Statutory Basis for, the Proposed Rule related, non-substantive changes. Each For the Commission, by the Division of Change change is discussed in detail as follows. Trading and Markets, pursuant to delegated authority.33 In its filing with the Commission, the Defining Sponsored Access Exchange included statements Eduardo A. Aleman, A Sponsored Customer is a non- concerning the purpose of and basis for Assistant Secretary. member of the Exchange, such as an the proposed rule change and discussed institutional investor, that gains access [FR Doc. 2018–10710 Filed 5–18–18; 8:45 am] any comments it received on the to the Exchange 6 and trades under a BILLING CODE 8011–01–P proposed rule change. The text of these Sponsoring Member’s execution and statements may be examined at the clearing identity pursuant to a places specified in Item IV below. The sponsorship arrangement between such SECURITIES AND EXCHANGE Exchange has prepared summaries, set non-member and Sponsoring Member, COMMISSION forth in sections A, B, and C below, of as set forth in Supplementary Material the most significant aspects of such to Rule 706. The Exchange is proposing [Release No. 34–83237; File No. SR–GEMX– statements. to define the term ‘‘Sponsored Access’’ 2018–15] A. Self-Regulatory Organization’s to clarify the type of market access Self-Regulatory Organizations; Nasdaq Statement of the Purpose of, and arrangement that is subject to this rule. GEMX, LLC; Notice of Filing and Statutory Basis for, the Proposed Rule Accordingly, the Exchange proposes to Change amend Supplementary Material .01(a) to Immediate Effectiveness of Proposed Rule 706 to add the following Rule Change To Amend 1. Purpose definition: ‘‘Sponsored Access shall Supplementary Material to Rule 706 To The purpose of the proposed rule mean an arrangement whereby a Harmonize Its Sponsored Access change is to amend Supplementary Member permits its customers to enter Rules With Those of Its Affiliates Material to Rule 706, which contains the orders into the System that bypass the Exchange’s sponsored access rules, to May 15, 2018. Member’s trading system and are routed harmonize these rules with those of the directly to the Exchange, including Pursuant to Section 19(b)(1) of the Nasdaq Exchanges.3 On March 9, 2016, routing through a service bureau or Securities Exchange Act of 1934 the Exchange and its affiliates, other third party technology provider.’’ (‘‘Act’’),1 and Rule 19b–4 thereunder,2 International Securities Exchange, LLC This definition mirrors the language set notice is hereby given that on May 9, (now, Nasdaq ISE, LLC) (‘‘ISE’’) and ISE forth in the Nasdaq Sponsored Access 2018, Nasdaq GEMX, LLC (‘‘GEMX’’ or Mercury, LLC (now, Nasdaq MRX, LLC) Rules,7 and is derived from the ‘‘Exchange’’) filed with the Securities (‘‘MRX’’ and together with ISE and Commission’s description of Sponsored and Exchange Commission GEMX, ‘‘ISE Exchanges’’), were Access used in the release approving the (‘‘Commission’’) the proposed rule acquired by Nasdaq, Inc. Market Access Rule.8 The Exchange 4 change as described in Items I and II (‘‘Acquisition’’). In the context of the believes that defining Sponsored Access Acquisition, the ISE Exchanges have below, which Items have been prepared in Supplementary Material .01(a) to been working to align certain of its rules by the Exchange. The Commission is Rule 706 will provide market and processes with those of the Nasdaq publishing this notice to solicit participants with greater clarity Exchanges in order to provide regarding Sponsored Access and their comments on the proposed rule change consistent standards across the six obligations with respect to this type of from interested persons. exchanges owned and operated by access arrangement. Nasdaq, Inc. (collectively, ‘‘Affiliated I. Self-Regulatory Organization’s Defining Customer Agreement Statement of the Terms of Substance of Exchanges’’). As part of this effort, the the Proposed Rule Change proposal set forth below harmonizes the The Exchange proposes to amend Exchange’s sponsored access rules with Supplementary Material .01(b)(1) to The Exchange proposes to amend the Nasdaq Sponsored Access Rules in Rule 706 to define the agreement that Supplementary Material to Rule 706 to order to provide uniform standards and Sponsored Customers must enter into harmonize its sponsored access rules requirements for users of the Affiliated and maintain with one or more with those of its affiliates, The Nasdaq Exchanges.5 Sponsoring Members to establish proper Stock Market LLC (‘‘NQX’’), Nasdaq BX, In particular, the Exchange proposes relationship(s) and account(s) through Inc. (‘‘BX’’) and Nasdaq PHLX LLC to (1) define the term ‘‘Sponsored 6 (‘‘PHLX,’’ and together with NQX and Access’’ and ‘‘Customer Agreement;’’ (2) For example, a broker-dealer may allow its specify the requirement to comply with customer—whether an institution such as a hedge BX, ‘‘Nasdaq Exchanges’’). fund, mutual fund, bank or insurance company, an Rule 15c3–5 under the Act (‘‘Market individual, or another broker-dealer—to use the The text of the proposed rule change Access Rule’’); (3) remove the broker-dealer’s MPID, account or other mechanism is available on the Exchange’s website at requirements that each Sponsored or mnemonic used to identify a market participant http://nasdaqgemx.cchwallstreet.com/, Customer and each Sponsoring Member for the purposes of electronically accessing the at the principal office of the Exchange, Exchange. 7 See NQX Rule 4615(a), BX Rule 4615(a) and and at the Commission’s Public 3 See NQX Rule 4615, BX Rule 4615 and PHLX PHLX Rule 1094(a). Reference Room. Rule 1094 (collectively, ‘‘Nasdaq Sponsored Access 8 The Market Access Rule, among other things, Rules’’). requires broker-dealers providing others with access 4 See Securities Exchange Act Release No. 78119 to an exchange or alternative trading system to 32 In approving the proposed rule change, the (June 21, 2016), 81 FR 41611 (June 27, 2016) (SR– establish, document, and maintain a system of risk Commission considered the proposal’s impact on ISE–2016–11; SR–ISEGemini–2016–05; SR– management controls and supervisory procedures efficiency, competition, and capital formation. 15 ISEMercury–2016–10). reasonably designed to manage the financial, U.S.C. 78c(f). 5 ISE and MRX will each file similar rule change regulatory, and other risks of providing such access. 33 17 CFR 200.30–3(a)(12). proposals with the Commission to harmonize their See Securities Exchange Act Release No. 63241 1 15 U.S.C. 78s(b)(1). sponsored access rules with the Nasdaq Sponsored (November 3, 2010), 75 FR 69792 (November 15, 2 17 CFR 240.19b–4. Access Rules. 2010).

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which the Sponsored Customer may pursuant to Supplementary Material with contractual privity, which would trade on the Exchange, as a ‘‘Customer .01(b)(2) to Rule 706.14 no longer exist with the removal of the Agreement.’’ 9 Today, only members may request Sponsored Customer Agreement. The connectivity to the Exchange by Exchange does not believe the loss of Market Access Rule contacting Nasdaq Subscriber Services. privity with the Sponsored Customer Pursuant to Supplementary Material A member may obtain separate ports for creates a concern as the Exchange has .01(b)(2) to Rule 706, the Sponsoring the purpose of providing Sponsored the ability to remove access to the port Member is responsible for the activities Access. If separate ports are requested at any time if it determines that the of the Sponsored Customer. Sponsored by a member for the purpose of activity of the Sponsored Customer Customers are required to have providing Sponsored Access, the warrants such removal. In addition, as procedures in place to comply with the member must request those ports from discussed below, the Sponsored Exchange’s rules, and the Sponsoring the Exchange and is responsible for the Customer will be informed of its Member takes responsibility for the Sponsored Customer’s activity on the obligations through the Customer Sponsored Customer’s activity on the Exchange.15 In all circumstances, the Agreement that it executed with the Exchange. Members may have multiple Exchange only permits members to Sponsoring Member. As noted above, Sponsored Access relationships in place request connectivity to the market and the Exchange only permits its members at a given time. The Exchange’s the member is responsible for all to request connectivity to the examination program assesses customer orders submitted through the Exchange’s trading system, and compliance with the sponsored access member’s port. In addition, such members remain responsible for all rules set forth in Supplementary connection by the member requires trades submitted through such ports. Material to Rule 706, among other approval by the Exchange for the Pursuant to Supplementary Material rules.10 The Exchange now proposes to purpose of testing as well as other .01(b)(2)(vii) to Rule 706, the trading specifically enumerate in relevant information sharing with the activity of a Sponsored Customer must Supplementary Material .01(b)(2) to Exchange by the member to obtain a be monitored by the Sponsoring Rule 706 the member’s obligation to port. The Exchange is therefore aware of Member for compliance with the terms comply with the Market Access Rule, the member responsible for each of its of the Customer Agreement with the with which Members are currently ports. The Exchange may also request Sponsored Customer. Finally, required to comply in connection with further information about a member’s Sponsoring Members continue to be market access.11 The Exchange believes particular customer relationship, obligated to comply with that specifying the obligation to comply including the list of all Authorized Supplementary Material .01(b) to Rule with the Market Access Rule within the Traders who may have access to the 706 and the Market Access Rule. As rule itself will reinforce that Exchange on behalf of the Sponsored such, the Sponsoring Member is Supplementary Material to Rule 706 Customer, as it deems necessary.16 responsible for any and all actions taken presupposes member compliance with The Exchange believes that by its Sponsored Customer and any the Market Access Rule. completing and submitting the person acting on behalf of or in the Sponsored Customer Agreement and name of such Sponsored Customer. Elimination of Certain Contract Addendum is unnecessarily The Addendum requirement was Requirements burdensome in light of the current intended to notify the Exchange of the The Exchange currently requires a structure in place at the Exchange. The relationship between the Sponsoring Sponsored Customer Agreement Sponsored Customer Agreement Member and the Sponsored Customer, between the Sponsored Customer and requirement was intended to ensure that and to provide the Sponsoring the Exchange,12 and a Sponsored the Sponsored Customer was informed Member’s express acknowledgment of Customer Addendum to the member of its obligation to comply with the the Sponsoring Member’s responsibility access agreement (hereinafter, Exchange’s Certificate of Formation, By- for the orders, executions and actions of ‘‘Addendum’’) that is provided to the Laws, Rules and procedures, including its Sponsored Customer. However, as Exchange by the Sponsoring Member.13 the requirements in Supplementary noted above, the Exchange may request At this time, the Exchange proposes to Material .01(b)(2)(iii)–(ix).17 The additional information about a remove the existing requirements to agreement also provided the Exchange particular customer relationship as it submit the Sponsored Customer deems necessary.18 The Exchange will Agreement and Addendum to the 14 The Nasdaq Sponsored Access Rules likewise also require that its members disclose Exchange in order to align its sponsored only require a Customer Agreement between the the Sponsored Customer relationship as access rules with the Nasdaq Sponsored sponsored participant and sponsoring member. See a condition for approving any ports NQX Rule 4615(b)(i), BX Rule 4615(b)(i) and PHLX Access Rules. The Exchange will Rule 1094(b)(i). requested for the purpose of providing 19 continue to require a Customer 15 In such cases, the Nasdaq Exchanges also Sponsored Access. Accordingly, the Agreement between the Sponsored require members to disclose the sponsored access Exchange will continue to be notified of Customer and Sponsoring Member arrangement as a condition to approving the Sponsored Customer arrangements even member’s port request. GEMX will similarly require with the removal of the Addendum. members requesting connectivity to GEMX for the 9 The Nasdaq Sponsored Access Rules also purpose of providing Sponsored Access to disclose Furthermore, as discussed above, similarly define ‘‘Customer Agreement.’’ See NQX sponsored access arrangements as a condition to Sponsoring Members continue to be Rule 4615(b)(i), BX Rule 4615(b)(i) and PHLX Rule approval. obligated to comply with 1094(b)(i). 16 See Rule 1601. 10 The Exchange has a Regulatory Services Supplementary Material .01(b) to Rule 17 These requirements include, among others, the 706 and the Market Access Rule, and are Agreement (‘‘RSA’’) with the Financial Industry Sponsored Customer’s obligation to maintain, keep Regulatory Authority (‘‘FINRA’’) to conduct current and provide to the Sponsoring Member a therefore responsible for any and all regulatory examinations, among other obligations. list of Authorized Traders who may obtain access actions taken by its Sponsored Customer 11 See NQX Rule 4615(b)(ii)(A), BX Rule to the Exchange on behalf of the Sponsored and any person acting on behalf of or in 4615(b)(ii)(A) and PHLX Rule 1094(b)(ii)(A) for Customer. In addition, the Sponsored Customer the name of such Sponsored Customer. consistent provisions. must take reasonable security precautions to 12 See Supplementary Material .01(a) to Rule 706. prevent unauthorized use or access to the Exchange, 13 See Supplementary Material .01(b)(2)(i) and and is responsible for having adequate procedures 18 See Rule 1601. (b)(3) to Rule 706. and controls in place to comply with GEMX’s rules. 19 See note 15 above.

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The Exchange, through its RSA with Customer’s access to and use of the trade on the Exchange, as a ‘‘Customer FINRA, reviews member compliance Exchange.’’ Both of these proposed Agreement’’ will also serve to provide with Supplementary Material to Rule changes are non-substantive clean-ups, members with clarity on the agreement 706, including compliance with the and are intended to ensure that the rule that the Exchange will continue to Market Access Rule. text is as accurate and clear as possible. require and the obligations that are Supplementary Material .01(b)(1) to contained within the Customer 2. Statutory Basis Rule 706 requires that the Sponsored Agreement. This amendment is non- Customer and the Sponsoring Member The Exchange believes that its substantive. maintain a Customer Agreement with proposal is consistent with Section 6(b) the sponsorship provisions set forth in of the Act,21 in general, and furthers the Market Access Rule paragraph (2) to ensure compliance with objectives of Section 6(b)(5) of the Act,22 As discussed above, Exchange Exchange’s rules and obligations related in particular, in that it is designed to members will continue to be required to to security, among other things. promote just and equitable principles of comply with Supplementary Material to Additionally, Supplementary Material trade, to remove impediments to and Rule 706 and the Market Access Rule. .01(b)(2)(iv) and (v) require that the perfect the mechanism of a free and The Exchange believes that specifically Customer Agreement include the open market and a national market enumerating the member’s Sponsored Customer’s obligation to system, and, in general to protect responsibility to comply with the maintain, keep current and provide to investors and the public interest. Market Access Rule within the Rule the Sponsoring Member a list of Overall, the proposed rule change is itself will provide members with Authorized Traders who have been intended to align the Exchange’s additional guidance concerning the granted access to the Exchange on sponsored access rules in application of the Rule. This change is behalf of the Sponsored Customer, and Supplementary Material to Rule 706 non-substantive as members are provide such Authorized Traders with with the Nasdaq Sponsored Access currently responsible for complying appropriate training prior to any use or Rules, and is part of the Exchange’s with the Market Access Rule. access to the Exchange. In addition, continued effort to promote efficiency Elimination of Certain Contract pursuant to the Customer Agreement and conformity of its processes with Requirements provisions required by Rule 706, those of the Nasdaq Exchanges. Supplementary Material .01(b)(vii), the Consistent rules and processes across Removing the requirements to submit Sponsored Customer is obligated to take the Affiliated Exchanges would in turn and complete a Sponsored Customer reasonable security precautions to simplify the regulatory requirements for Agreement and Addendum will remove prevent unauthorized use or access to members of the Exchange that are also impediments to and perfect the the Exchange, including unauthorized participants on the Nasdaq Exchanges. mechanism of a free and open market by entry of information into the Exchange’s The Exchange believes that its proposal aligning the Exchange’s sponsored System, or the information and data would provide greater harmonization access rules with the Nasdaq Sponsored made available therein. Finally, the among similar rules and procedures of Access Rules, which currently do not Customer Agreement must provide that the Affiliated Exchanges, resulting in require additional agreements for their the Sponsored Customer is responsible greater uniformity and more efficient sponsored participants other than a 23 for any and all orders, trades and other regulatory compliance. As such, the Customer Agreement. The Exchange messages and instructions entered, proposed rule change would foster believes that its proposal would create transmitted or received under cooperation and coordination with equivalent sponsored access standards identifiers, passwords and security persons engaged in facilitating and requirements among the Affiliated codes of Authorized Traders, and for the transactions in securities and would Exchanges and also provide clarity to its trading and other consequences thereof, remove impediments to and perfect the members, which is beneficial to both including granting unauthorized access mechanism of a free and open market investors and the public interest. While to the Exchange.20 The contents and the and national market system. elimination of the Sponsored Customer requirement for a Customer Agreement Agreement requirement will also Defining Sponsored Access are unchanged. eliminate the Exchange’s contractual Adding a definition of Sponsored privity with the Sponsored Customer, Clean-Up Changes Access will assist market participants to the Exchange notes that any potential The Exchange proposes to correct two understand the type of arrangements concerns to the loss of privity are typographical errors in subsections (vii) that are subject to Supplementary mitigated by the Exchange’s ability to and (ix) of Supplementary Material Material to Rule 706, and such clarity restrict the Sponsored Customer’s access .01(b)(2) to Rule 706. First in subsection will serve to promote just and equitable to a port at any time it is warranted by (vii), the Exchange proposes to correct a principles of trade. The Exchange the Sponsored Customer’s trading typo by replacing ‘‘of’’ with ‘‘or’’ in the believes that adding the Sponsored activity. As discussed above, first sentence. The proposed sentence Access definition will provide its connectivity to the Exchange must be would therefore state ‘‘Sponsored members with additional guidance with requested by a member of the Exchange. Customer shall take reasonable security respect to this Rule. Such connection requires approval by precautions to prevent unauthorized use the Exchange, testing and other security Defining Customer Agreement or access to the Exchange . . .’’ features as well as information sharing Second, subsection (ix) would be Defining the agreement that with the Exchange by the member. In amended to correct a typo in the last Sponsored Customers must enter into addition, Supplementary Material portion of the first sentence. In and maintain with one or more .01(b)(2) to Rule 706 delineates the particular, the phrase ‘‘. . . Sponsored Sponsoring Members to establish proper terms of the required contractual Customers access to and use of the relationship(s) and account(s) through relationship between the Sponsoring Exchange’’ should be ‘‘. . . Sponsored which the Sponsored Customer may Member and the Sponsored Customer in

20 See Rule 706, Supplementary Material 21 15 U.S.C. 78f(b). 23 See NQX Rule 4615, BX Rule 4615 and PHLX .01(b)(vii). 22 15 U.S.C. 78f(b)(5). Rule 1094.

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the Customer Agreement, which 19(b)(3)(A)(iii) of the Act 24 and Comments may be submitted by any of remains in effect. The Exchange also subparagraph (f)(6) of Rule 19b–4 the following methods: believes that the Addendum is thereunder.25 Electronic Comments unnecessary in light of the fact that A proposed rule change filed Sponsoring Members must request pursuant to Rule 19b–4(f)(6) under the • Use the Commission’s internet 26 connectivity to the Exchange as well as Act normally does not become comment form (http://www.sec.gov/ enter into a Customer Agreement with operative for 30 days after the date of its rules/sro.shtml); or filing. However, Rule 19b–4(f)(6)(iii)27 the Sponsored Customer. Furthermore, • as discussed above, the Exchange will permits the Commission to designate a Send an email to rule-comments@ require members to disclose the shorter time if such action is consistent sec.gov. Please include File Number SR– Sponsored Customer relationship as a with the protection of investors and the GEMX–2018–15 on the subject line. condition to approving the member’s public interest. The Exchange has asked Paper Comments port request to provide Sponsored the Commission to waive the 30-day Access. Finally, as is the case with other operative delay so that the proposal may • Send paper comments in triplicate Exchange rules, the Exchange examines become operative immediately upon to Secretary, Securities and Exchange for compliance with Supplementary filing. The Exchange represents that Commission, 100 F Street NE, Material to Rule 706 and may request waiver of the operative delay would Washington, DC 20549–1090. information about any customer allow the Exchange to harmonize its sponsored access rule to the rules of the All submissions should refer to File relationship which concerns the Number SR–GEMX–2018–15. This file Exchange pursuant to Rule 1601. Nasdaq Exchanges.28 The Commission believes that waiving the 30-day number should be included on the The Exchange believes that the subject line if email is used. To help the proposed changes to correct the two operative delay is consistent with the protection of investors and the public Commission process and review your typos in subsections (vii) and (ix) of comments more efficiently, please use Supplementary Material .01(b)(2) to interest because the proposed rule change would simplify the regulatory only one method. The Commission will Rule 706 will add further clarification to post all comments on the Commission’s the Exchange’s Rulebook and alleviate requirements of members of the Exchange that are also participants on internet website (http://www.sec.gov/ potential confusion as to the rules/sro.shtml). Copies of the applicability of the Exchange’s rules, the Nasdaq Exchanges. Further, the Commission does not believe that the submission, all subsequent which will protect investors and the amendments, all written statements public interest. proposed rule change raises any new or novel issues. Accordingly, the with respect to the proposed rule B. Self-Regulatory Organization’s Commission hereby waives the change that are filed with the Statement on Burden on Competition operative delay and designates the Commission, and all written proposal operative upon filing.29 communications relating to the The Exchange does not believe that At any time within 60 days of the proposed rule change between the the proposed rule change will impose filing of the proposed rule change, the Commission and any person, other than any burden on competition not Commission summarily may those that may be withheld from the necessary or appropriate in furtherance temporarily suspend such rule change if public in accordance with the of the purposes of the Act because all it appears to the Commission that such provisions of 5 U.S.C. 552, will be members would be subject to the same action is: (i) Necessary or appropriate in available for website viewing and sponsored access requirements, as the public interest; (ii) for the protection printing in the Commission’s Public discussed above. The proposed rule of investors; or (iii) otherwise in Reference Room, 100 F Street NE, change is designed to provide greater furtherance of the purposes of the Act. Washington, DC 20549, on official harmonization among the sponsored If the Commission takes such action, the business days between the hours of access rules across the Affiliated Commission shall institute proceedings 10:00 a.m. and 3:00 p.m. Copies of the Exchanges, resulting in more efficient to determine whether the proposed rule filing also will be available for regulatory compliance for common should be approved or disapproved. inspection and copying at the principal members, and is not intended to have office of the Exchange. All comments IV. Solicitation of Comments any competitive effect. received will be posted without change. C. Self-Regulatory Organization’s Interested persons are invited to Persons submitting comments are Statement on Comments on the submit written data, views, and cautioned that we do not redact or edit Proposed Rule Change Received From arguments concerning the foregoing, personal identifying information from Members, Participants, or Others including whether the proposed rule comment submissions. You should change is consistent with the Act. submit only information that you wish No written comments were either to make available publicly. All solicited or received. 24 15 U.S.C. 78s(b)(3)(A)(iii). submissions should refer to File 25 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Number SR–GEMX–2018–15 and III. Date of Effectiveness of the 4(f)(6) requires a self-regulatory organization to give Proposed Rule Change and Timing for the Commission written notice of its intent to file should be submitted on or before June Commission Action the proposed rule change at least five business days 11, 2018. prior to the date of filing of the proposed rule Because the foregoing proposed rule change, or such shorter time as designated by the For the Commission, by the Division of change does not: (i) Significantly affect Commission. The Exchange has satisfied this Trading and Markets, pursuant to delegated requirement. authority.30 the protection of investors or the public 26 17 CFR 240.19b–4(f)(6). Eduardo A. Aleman, interest; (ii) impose any significant 27 17 CFR 240.19b–4(f)(6)(iii). burden on competition; and (iii) become 28 See supra note 3. Assistant Secretary. operative for 30 days from the date on 29 For purposes only of waiving the 30-day [FR Doc. 2018–10704 Filed 5–18–18; 8:45 am] which it was filed, or such shorter time operative delay, the Commission has also BILLING CODE 8011–01–P as the Commission may designate, it has considered the proposed rule’s impact on efficiency, competition, and capital formation. See become effective pursuant to Section 15 U.S.C. 78c(f). 30 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE function of Cboe Trading, Inc. is to migrate Cboe Options and C2 onto the COMMISSION referred to as the ‘‘Inbound Router’’), the Bats technology platform, and align Exchange undertakes as follows: certain system functionality, retaining [Release No. 34–83247; File No. SR– (1)–(4) No change. CboeBZX–2018–035] only intended differences between the (b) Provided the above conditions are Cboe Affiliated Exchanges.7 The Self-Regulatory Organizations; Cboe complied with, and provided further Exchange proposes to amend Rule 2.12 BZX Exchange, Inc.; Notice of Filing that Cboe Trading, Inc. operates as an to reflect that Cboe Options and C2 are and Immediate Effectiveness of a outbound router on behalf of each Cboe affiliated with the Exchange and that Proposed Rule Change To Amend Rule [Bats ]Exchange on the same terms and upon completion of the migration, Cboe 2.12 To Add References to Cboe conditions as it does for the Exchange, Trading, Inc. (‘‘Cboe Trading’’) may also Options and C2 and in accordance with the Rules of act as the inbound router for routing each Cboe [Bats ]Exchange, Cboe orders from Cboe Options and C2 to the May 15, 2018. Trading, Inc. may provide inbound Exchange. The Exchange also proposes Pursuant to Section 19(b)(1) of the routing services to the Exchange from to amend Rule 2.12 to update the Securities Exchange Act of 1934 (the each Cboe [Bats ]Exchange. defined term ‘‘Cboe Bats Exchange’’ to ‘‘Act’’),1 and Rule 19b–4 thereunder,2 * * * * * ‘‘Cboe Exchange’’ to reflect that all Cboe notice is hereby given that on May 14, The text of the proposed rule change Affiliated Exchanges, not just BYX, 2018, Cboe BZX Exchange, Inc. (‘‘BZX’’ is available at the Exchange’s website at EDGA, and EDGX, are included in the or the ‘‘Exchange’’) filed with the www.markets.cboe.com, at the principal definition. The Exchange previously Securities and Exchange Commission office of the Exchange, and at the implemented limitations and conditions (‘‘Commission’’) the proposed rule Commission’s Public Reference Room. on Cboe Trading’s affiliation with the change as described in Items I and II Exchange in order to permit the below, which Items have been prepared II. Self-Regulatory Organization’s Exchange to accept inbound orders that by the Exchange. The Exchange has Statement of the Purpose of, and Cboe Trading routes in its capacity as a designated this proposal as a ‘‘non- Statutory Basis for, the Proposed Rule facility of the Exchange, BYX, EDGA, controversial’’ proposed rule change Change and EDGX.8 Those same conditions and pursuant to Section 19(b)(3)(A) of the In its filing with the Commission, the limitations will apply to any inbound Act 3 and Rule 19b–4(f)(6)(iii) Exchange included statements orders that Cboe Trading routes in its thereunder,4 which renders it effective concerning the purpose of and basis for capacity as a facility of Cboe Options upon filing with the Commission. The the proposed rule change and discussed and C2. Commission is publishing this notice to any comments it received on the Cboe Trading currently provides solicit comments on the proposed rule proposed rule change. The text of these Members of the Exchange, BYX, EDGA, change from interested persons. statements may be examined at the and EDGX with optional routing services to other market centers. In I. Self-Regulatory Organization’s places specified in Item IV below. The Exchange has prepared summaries, set certain circumstances, Cboe Trading Statement of the Terms of Substance of provides inbound routing from BYX, the Proposed Rule Change forth in Sections A, B, and C below, of the most significant parts of such EDGA, or EDGX to the Exchange. The Exchange filed a proposal to statements. Exchange Rule 2.12 governs this amend Rule 2.12 to add references to inbound routing of orders by Cboe Cboe Exchange, Inc. (‘‘Cboe Options’’) A. Self-Regulatory Organization’s Trading to the Exchange in Cboe and Cboe C2 Exchange, Inc. (‘‘C2’’). The Statement of the Purpose of, and Trading’s capacity as a facility of the Exchange does not propose to amend Statutory Basis for, the Proposed Rule Exchange. The Exchange proposes to the requirements of this rule. Change amend Rule 2.12 to reflect that Cboe 1. Purpose Options and C2 are affiliated with the (additions are italicized; deletions are Exchange and that Cboe Trading may [bracketed]) In December 2016, the Exchange and also act as the inbound router for * * * * * its affiliates 5 received approval to effect routing orders from Cboe Options and a merger (the ‘‘Merger’’) of the C2 to the Exchange upon migration of Cboe BZX Exchange, Inc. Exchange’s parent company, Bats Global Cboe Options and C2 onto the Bats Rules Markets, Inc. with CBOE Holdings, Inc. technology platform. The Exchange does (now known as Cboe Global Markets, * * * * * not propose to amend the requirements Inc.), the parent company of Cboe of this rule. Therefore, the conditions Rule 2.12. Cboe Trading, Inc. as Options and C2.6 Hereinafter, the and limitations set forth in Exchange Inbound Router Exchange, BYX, EDGA, EDGX, Cboe Rule 2.12(a) will remain the same. The (a) For so long as the Exchange is Options, and C2 will be collectively Exchange believes that Rule 2.12 will affiliated with Cboe Exchange, Inc., referred to as the ‘‘Cboe Affiliated continue to adequately manage the Cboe C2 Exchange, Inc., Cboe BYX Exchanges.’’ potential for conflicts of interest that Exchange, Inc., Cboe EDGA Exchange, In connection with the Merger, the could arise from Cboe Trading routing Inc. or Cboe EDGX Exchange Inc., (each, Cboe Affiliated Exchanges are working orders to the Exchange. a ‘‘Cboe [Bats ]Exchange’’), and Cboe 5 Trading, Inc. in its capacity as a facility As of December 2016, the Exchange’s affiliates 7 It is anticipated that the C2 migration onto the included Cboe BYX Exchange, Inc. (formerly Bats Bats technology platform will be completed on May of each Cboe [Bats ]Exchange is utilized BYX Exchange. Inc.) (‘‘BYX’’), Cboe EDGA 14, 2018, and the Cboe Options migration onto the for the routing of orders from each Cboe Exchange, Inc. (formerly Bats EDGA Exchange, Inc.) Bats technology platform will be completed on [Bats ]Exchange to the Exchange, (such (‘‘EDGA’’), and Cboe EDGX Exchange, Inc. (formerly October 7, 2019. Bats EDGX Exchange, Inc.) (‘‘EDGX’’). 8 See Securities Exchange Act Release No. 62901 6 See Securities Exchange Act Release No. 79585 (September 13, 2010), 75 FR 57097 (September 17, 1 15 U.S.C. 78s(b)(1). (December 16, 2016), 81 FR 93988 (December 22, 2010) (SR–BATS–2010–024) (notice of filing and 2 17 CFR 240.19b–4. 2016) (SR–BatsBZX–2016–68; SR–BatsBYX–2016– immediate effectiveness of proposed rule change to 3 15 U.S.C. 78s(b)(3)(A). 29; SR–BatsEDGA–2016–24; SR–BatsEDGX–2016– adopt BATS Exchange, Inc. (currently named Cboe 4 17 CFR 240.19b–4(f)(6)(iii). 60). BZX Exchange, Inc.) Rule 2.12).

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Implementation Date with persons engaged in facilitating investors and the public interest. The With respect to C2, the Exchange transactions in securities and would Exchange has requested that the intends to implement the proposed rule remove impediments to and perfect the Commission waive the 30-day operative change on or about May 14, 2018, which mechanism of a free and open market delay so that the proposed rule change is the anticipated date upon which the and a national market system. will become operative on filing. Waiver of the operative delay would allow the migration of C2 onto the Bats B. Self-Regulatory Organization’s Exchange to implement the proposed technology platform will be complete. Statement on Burden on Competition With respect to Cboe Options, the rule change on May 14, 2018, which is The Exchange does not believe that Exchange intends to implement the same day as the anticipated date for the the proposed rule change will impose proposed rule change on or about migration of C2 to the Bats technology any burden on competition that is not October 7, 2019, which is the platform. The Exchange stated that the necessary or appropriate in furtherance anticipated date upon which the proposed rule change promotes the of the purposes of the Act. The migration of Cboe Options onto the Bats protection of investors and the public Exchange reiterates that the proposed technology platform will be complete. interest because it would minimize the rule change is being proposed in the amount of disruption as C2 (and 2. Statutory Basis context of the technology integration of eventually Cboe Options) migrates to The Exchange believes the proposed the Cboe Affiliated Exchanges. Thus, the the Bats technology platform. Therefore, rule change is consistent with the Exchange believes this proposed rule the Commission believes that waiver of Securities Exchange Act of 1934 (the change is necessary to permit fair the 30-day operative delay is consistent ‘‘Act’’) and the rules and regulations competition among national securities with the protection of investors and the thereunder applicable to the Exchange exchanges. In addition, the Exchange public interest. Accordingly, the and, in particular, the requirements of believes the proposed rule change will Commission hereby waives the Section 6(b) of the Act.9 Specifically, benefit Exchange participants in that it operative delay and designates the the Exchange believes the proposed rule is one of several changes necessary to proposed rule change operative upon change is consistent with the Section achieve a consistent technology offering filing.15 6(b)(5) 10 requirements that the rules of by the Cboe Affiliated Exchanges. At any time within 60 days of the an exchange be designed to prevent C. Self-Regulatory Organization’s filing of such proposed rule change, the fraudulent and manipulative acts and Statement on Comments on the Commission summarily may practices, to promote just and equitable Proposed Rule Change Received From temporarily suspend such rule change if principles of trade, to foster cooperation Members, Participants, or Others it appears to the Commission that such and coordination with persons engaged action is necessary or appropriate in the The Exchange has not solicited, and in regulating, clearing, settling, public interest, for the protection of does not intend to solicit, comments on processing information with respect to, investors, or otherwise in furtherance of this proposed rule change. The and facilitating transactions in the purposes of the Act. If the Exchange has not received any written securities, to remove impediments to Commission takes such action, the comments from members or other and perfect the mechanism of a free and Commission shall institute proceedings interested parties. open market and a national market to determine whether the proposed rule system, and, in general, to protect III. Date of Effectiveness of the change should be approved or investors and the public interest. Proposed Rule Change and Timing for disapproved. Additionally, the Exchange believes the Commission Action IV. Solicitation of Comments proposed rule change is consistent with Because the foregoing proposed rule the Section 6(b)(5) 11 requirement that Interested persons are invited to change does not: (i) Significantly affect submit written data, views, and the rules of an exchange not be designed the protection of investors or the public to permit unfair discrimination between arguments concerning the foregoing, interest; (ii) impose any significant including whether the proposed rule customers, issuers, brokers, or dealers. burden on competition; and (iii) become The Exchange does not propose to change is consistent with the Act. operative for 30 days from the date on amend the requirements of the rule and Comments may be submitted by any of which it was filed, or such shorter time the proposed rule change is intended the following methods: as the Commission may designate, it has only to reflect that Cboe Options and C2 become effective pursuant to Section Electronic Comments are affiliated with the Exchange and that 19(b)(3)(A) of the Act 12 and Rule 19b– • Use the Commission’s internet Cboe Trading may also route inbound 13 orders from Cboe Options and C2 to the 4(f)(6) thereunder. comment form (http://www.sec.gov/ A proposed rule change filed under Exchange upon migration of Cboe rules/sro.shtml); or Rule 19b–4(f)(6) normally does not • Options and C2 onto the Bats Send an email to rule-comments@ become operative for 30 days after the technology platform. A consistent sec.gov. Please include File Number SR– date of its filing. However, Rule 19b– technology offering through the use of CboeBZX–2018–035 on the subject line. 4(f)(6)(iii) 14 permits the Commission to Cboe Trading by each of the Cboe designate a shorter time if such action Paper Comments Affiliated Exchanges will, in turn, is consistent with the protection of • Send paper comments in triplicate simplify the technology to Secretary, Securities and Exchange implementation, changes, and 12 15 U.S.C. 78s(b)(3)(A). Commission, 100 F Street NE, maintenance by users of the Exchange 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Washington, DC 20549–1090. that are also participants on BYX, 4(f)(6)(iii) requires a self-regulatory organization to All submissions should refer to File EDGA, EDGX, Cboe Options, and C2. As give the Commission written notice of its intent to such, the proposed rule change would file the proposed rule change, along with a brief Number SR–CboeBZX–2018–035. This foster cooperation and coordination description and text of the proposed rule change, at least five business days prior to the date of filing 15 For purposes only of waiving the 30-day of the proposed rule change, or such shorter time operative delay, the Commission also has 9 15 U.S.C. 78f(b). as designated by the Commission. The Exchange considered the proposed rule’s impact on 10 15 U.S.C. 78f(b)(5). has satisfied this requirement. efficiency, competition, and capital formation. See 11 Id. 14 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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file number should be included on the ‘‘Exchange’’ or ‘‘EDGX’’) filed with the The Exchange first proposes to subject line if email is used. To help the Securities and Exchange Commission eliminate Mega Tier 2. Mega Tier 2 Commission process and review your (‘‘Commission’’) the proposed rule currently provides Members a rebate of comments more efficiently, please use change as described in Items I, II and III $0.0032 per share where a Member (i) only one method. The Commission will below, which Items have been prepared adds or routes a combined ADV 6 greater post all comments on the Commission’s by the Exchange. The Exchange has than or equal to 4,000,000 shares prior internet website (http://www.sec.gov/ designated the proposed rule change as to 9:30 a.m. or after 4:00 p.m. and (ii) rules/sro.shtml). Copies of the one establishing or changing a member adds an ADV greater than or equal to submission, all subsequent due, fee, or other charge imposed by the 0.65% of the TCV,7 including during amendments, all written statements Exchange under Section 19(b)(3)(A)(ii) both market hours and pre and post- with respect to the proposed rule of the Act 3 and Rule 19b–4(f)(2) trading hours. The Exchange no longer change that are filed with the thereunder,4 which renders the wishes to maintain this tier level. As Commission, and all written proposed rule change effective upon such, the Exchange proposes to communications relating to the filing with the Commission. The eliminate Mega Tier 2 and rename Mega proposed rule change between the Commission is publishing this notice to Tier 3 accordingly. Commission and any person, other than solicit comments on the proposed rule The Exchange next proposes to those that may be withheld from the change from interested persons. eliminate the Step-Up Tier, which public in accordance with the provides a $0.0032 per share rebate I. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be where a Member (i) adds an ADV greater Statement of the Terms of Substance of available for website viewing and than or equal to 0.40% of the TCV and the Proposed Rule Change printing in the Commission’s Public (ii) has a Step-Up Add TCV from Reference Room, 100 F Street NE, The Exchange filed a proposal to January 2017 greater than or equal to Washington, DC 20549 on official amend the fee schedule applicable to 0.10%. The Exchange no longer wishes business days between the hours of Members 5 and non-Members of the to maintain this tier level and therefore 10:00 a.m. and 3:00 p.m. Copies of the Exchange pursuant to EDGX Rules proposes to delete it. filing also will be available for 15.1(a) and (c). The Exchange also proposes to modify inspection and copying at the principal The text of the proposed rule change Tape B Tier 1. Currently, for orders that office of the Exchange. All comments is available at the Exchange’s website at yield fee codes B and 4, the Exchange received will be posted without change. www.markets.cboe.com, at the principal provides a rebate of $0.0020 per share Persons submitting comments are office of the Exchange, and at the for orders that add liquidity for cautioned that we do not redact or edit Commission’s Public Reference Room. securities at or above $1.00, and a rebate personal identifying information from of $0.00003 per share for orders that add comment submissions. You should II. Self-Regulatory Organization’s Statement of the Purpose of, and liquidity for securities below $1.00. submit only information that you wish Pursuant to Tape B Volume Tier 1, a to make available publicly. All Statutory Basis for, the Proposed Rule Change Member will receive an enhanced rebate submissions should refer to File of $0.0027 where a Member adds an Number SR–CboeBZX–2018–035, and In its filing with the Commission, the ADV greater than or equal to 0.02% of should be submitted on or before June Exchange included statements the TCV in Tape B Securities. The 11, 2018. concerning the purpose of and basis for Exchange proposes to increase the ADV For the Commission, by the Division of the proposed rule change and discussed requirement to greater than or equal to Trading and Markets, pursuant to delegated any comments it received on the 0.03% of the TCV in Tape B securities. authority.16 proposed rule change. The text of these The Exchange believes the proposed Eduardo A. Aleman, statements may be examined at the change to the Tape B Volume Tier 1 Assistant Secretary. places specified in Item IV below. The criteria will encourage the entry of [FR Doc. 2018–10712 Filed 5–18–18; 8:45 am] Exchange has prepared summaries, set additional orders to the Exchange. The BILLING CODE 8011–01–P forth in Sections A, B, and C below, of Exchange also no longer desires to the most significant parts of such maintain Tape B Volume Tier 2 and statements. therefore proposes to delete it. SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Lastly, the Exchange proposes to COMMISSION Statement of the Purpose of, and increase the fee for orders yielding fee [Release No. 34–83240; File No. SR– Statutory Basis for, the Proposed Rule code D, which results from an order CboeEDGX–2018–014] Change routed to the New York Stock Exchange (‘‘NYSE’’) or routed using the RDOT Self-Regulatory Organizations; Cboe 1. Purpose routing strategy. Particularly, NYSE EDGX Exchange, Inc.; Notice of Filing The Exchange proposes to amend its recently implemented certain pricing and Immediate Effectiveness of a fee schedule applicable to its equities changes related to Tapes B and C Proposed Rule Change Related to Fees trading platform (‘‘EDGX Equities’’) to securities, including adopting a per tape for Use on Cboe EDGX Exchange, Inc. (i) eliminate Mega Tier 2, (ii) eliminate fee of $0.00280 per share to remove liquidity from the Exchange for member May 15, 2018. the Step-Up Tier, (iii) modify Tape B Pursuant to Section 19(b)(1) of the Tier 1 and eliminate Tape B Tier 2 and 6 ADV means average daily volume calculated as Securities Exchange Act of 1934 (the (iv) increase the fee for orders that yield fee code D, effective May 1, 2018. the number of shares added to, removed from, or ‘‘Act’’),1 and Rule 19b–4 thereunder,2 routed by, the Exchange, or any combination or notice is hereby given that on May 1, subset thereof, per day. ADV is calculated on a 3 2018, Cboe EDGX Exchange, Inc. (the 15 U.S.C. 78s(b)(3)(A)(ii). monthly basis. See Exchange’s fee schedule. 4 17 CFR 240.19b–4(f)(2). 7 TCV means total consolidated volume 5 The term ‘‘Member’’ is defined as ‘‘any calculated as the volume reported by all exchanges 16 17 CFR 200.30–3(a)(12). registered broker or dealer that has been admitted and trade reporting facilities to a consolidated 1 15 U.S.C. 78s(b)(1). to membership in the Exchange.’’ See Exchange transaction reporting plan for the month for which 2 17 CFR 240.19b–4. Rule 1.5(n). the fees apply. See Exchange’s fee schedule.

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organizations with an Adding ADV of at in an effort to qualify or continue to investors, or otherwise in furtherance of least 50,000 shares for that respective qualify for the enhanced rebate made the purposes of the Act. Tape.8 Based on the changes in pricing available by the tier. As such, the IV. Solicitation of Comments at NYSE, the Exchange is proposing to Exchange also believes that the increase its fee for orders executed at proposed changes are reasonable. The Interested persons are invited to NYSE that yield fee code D from Exchange notes that increased volume submit written data, views, and $0.00275 to $0.00280. on the Exchange provides greater arguments concerning the foregoing, including whether the proposed rule 2. Statutory Basis trading opportunities for all market participants. change is consistent with the Act. The Exchange believes that the Comments may be submitted by any of proposed rule changes are consistent The Exchange lastly believes the the following methods: with the objectives of Section 6 of the proposed increase to orders yielding fee Electronic Comments Act,9 in general, and furthers the code D is reasonable because it reflects objectives of Section 6(b)(4),10 in a pass-through of the pricing increase by • Use the Commission’s internet particular, as it is designed to provide NYSE noted above. The Exchange comment form (http://www.sec.gov/ for the equitable allocation of reasonable further believes the proposed fee change rules/sro.shtml); or • dues, fees and other charges among its is equitable and non-discriminatory Send an email to rule-comments@ Members and other persons using its because it applies uniformly to all sec.gov. Please include File Number SR– facilities. The Exchange also notes that Members. CboeEDGX–2018–014 on the subject line. it operates in a highly-competitive B. Self-Regulatory Organization’s market in which market participants can Statement on Burden on Competition Paper Comments readily direct order flow to competing • venues if they deem fee levels at a The Exchange believes the proposed Send paper comments in triplicate particular venue to be excessive or amendments to its fee schedule would to Secretary, Securities and Exchange incentives to be insufficient. The not impose any burden on competition Commission, 100 F Street NE, proposed rule changes reflect a that is not necessary or appropriate in Washington, DC 20549–1090. competitive pricing structure designed furtherance of the purposes of the Act. All submissions should refer to File to incentivize market participants to The Exchange does not believe that the Number SR–CboeEDGX–2018–014. This direct their order flow to the Exchange. proposed changes represent a significant file number should be included on the The Exchange believes that the departure from previous pricing offered subject line if email is used. To help the proposal to eliminate the Mega Tier 2, by the Exchange or pricing offered by Commission process and review your Step-Up Tier and Tape B Tier 2 is the Exchange’s competitors. Members comments more efficiently, please use reasonable, fair, and equitable because may opt to disfavor the Exchange’s only one method. The Commission will the current tiers are not providing the pricing if they believe that alternatives post all comments on the Commission’s desired result of incentivizing Members offer them better value. Accordingly, the internet website (http://www.sec.gov/ to increase their participation in EDGX Exchange does not believe that the rules/sro.shtml). Copies of the Equities. Therefore, eliminating these proposed change will impair the ability submission, all subsequent tiers will have a negligible effect on of Members or competing venues to amendments, all written statements order flow and market behavior. The maintain their competitive standing in with respect to the proposed rule Exchange believes the proposed changes the financial markets. change that are filed with the are not unfairly discriminatory because Commission, and all written they will apply equally to all Members. C. Self-Regulatory Organization’s communications relating to the The Exchange next notes that volume- Statement on Comments on the proposed rule change between the based discounts such as those currently Proposed Rule Change Received From Commission and any person, other than maintained on the Exchange have been Members, Participants, or Others those that may be withheld from the widely adopted by exchanges and are public in accordance with the equitable and non-discriminatory The Exchange has not solicited, and provisions of 5 U.S.C. 552, will be because they are open to all Members on does not intend to solicit, comments on available for website viewing and an equal basis and provide additional this proposed rule change. The printing in the Commission’s Public benefits or discounts that are reasonably Exchange has not received any Reference Room, 100 F Street NE, related to the value of an exchange’s unsolicited written comments from Washington, DC 20549 on official market quality associated with higher Members or other interested parties. business days between the hours of levels of market activity, such as higher III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of the levels of liquidity provision and/or Proposed Rule Change and Timing for filing also will be available for growth patterns, and introduction of Commission Action inspection and copying at the principal higher volumes of orders into the price office of the Exchange. All comments and volume discovery processes. While The foregoing rule change has become received will be posted without change. the proposed modification to the effective pursuant to Section 19(b)(3)(A) Persons submitting comments are existing Tape B Volume Tier 1 makes of the Act 11 and paragraph (f) of Rule cautioned that we do not redact or edit such tier slightly more difficult to attain, 19b–4 thereunder.12 At any time within personal identifying information from it is intended to incentivize Members to 60 days of the filing of the proposed rule comment submissions. You should send additional volume to the Exchange change, the Commission summarily may submit only information that you wish temporarily suspend such rule change if to make available publicly. All 8 See NYSE Trader Update, NYSE—Fees for it appears to the Commission that such submissions should refer to File Trading Tapes B and C securities, dated April 2, action is necessary or appropriate in the Number SR–CboeEDGX–2018–014 and 2018, available at https://www.nyse.com/ publicdocs/nyse/markets/nyse/NYSE_Fee_Change_ public interest, for the protection of should be submitted on or before June BandC_April2018.pdf. 11, 2018. 9 15 U.S.C. 78f. 11 15 U.S.C. 78s(b)(3)(A). 10 15 U.S.C. 78f(b)(4). 12 17 CFR 240.19b–4(f). 13 17 CFR 200.30–3(a)(12).

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For the Commission, by the Division of statements may be examined at the Sponsoring Member’s execution and Trading and Markets, pursuant to delegated places specified in Item IV below. The clearing identity pursuant to a authority.13 Exchange has prepared summaries, set sponsorship arrangement between such Eduardo A. Aleman, forth in sections A, B, and C below, of non-member and Sponsoring Member, Assistant Secretary. the most significant aspects of such as set forth in Supplementary Material [FR Doc. 2018–10707 Filed 5–18–18; 8:45 am] statements. to Rule 706. The Exchange is proposing to define the term ‘‘Sponsored Access’’ BILLING CODE 8011–01–P A. Self-Regulatory Organization’s to clarify the type of market access Statement of the Purpose of, and arrangement that is subject to this rule. Statutory Basis for, the Proposed Rule SECURITIES AND EXCHANGE Accordingly, the Exchange proposes to Change COMMISSION amend Supplementary Material .01(a) to 1. Purpose Rule 706 to add the following [Release No. 34–83238; File No. SR–ISE– 2018–44] The purpose of the proposed rule definition: ‘‘Sponsored Access shall change is to amend Supplementary mean an arrangement whereby a Self-Regulatory Organizations; Nasdaq Material to Rule 706, which contains the Member permits its customers to enter ISE, LLC; Notice of Filing and Exchange’s sponsored access rules, to orders into the System that bypass the Immediate Effectiveness of Proposed harmonize these rules with those of the Member’s trading system and are routed Rule Change To Amend Nasdaq Exchanges.3 On March 9, 2016, directly to the Exchange, including Supplementary Material to Rule 706 To the Exchange and its affiliates, ISE routing through a service bureau or Harmonize Its Sponsored Access Gemini, LLC (now, Nasdaq GEMX, LLC) other third party technology provider.’’ Rules With Those of Its Affiliates (‘‘GEMX’’) and ISE Mercury, LLC (now, This definition mirrors the language set Nasdaq MRX, LLC) (‘‘MRX’’ and forth in the Nasdaq Sponsored Access 7 May 15, 2018. together with ISE and GEMX, ‘‘ISE Rules, and is derived from the Pursuant to Section 19(b)(1) of the Exchanges’’), were acquired by Nasdaq, Commission’s description of Sponsored Securities Exchange Act of 1934 Inc. (‘‘Acquisition’’).4 In the context of Access used in the release approving the 1 2 8 (‘‘Act’’), and Rule 19b–4 thereunder, the Acquisition, the ISE Exchanges have Market Access Rule. The Exchange notice is hereby given that on May 9, been working to align certain of its rules believes that defining Sponsored Access 2018, Nasdaq ISE, LLC (‘‘ISE’’ or and processes with those of the Nasdaq in Supplementary Material .01(a) to ‘‘Exchange’’) filed with the Securities Exchanges in order to provide Rule 706 will provide market and Exchange Commission consistent standards across the six participants with greater clarity (‘‘Commission’’) the proposed rule exchanges owned and operated by regarding Sponsored Access and their change as described in Items I and II Nasdaq, Inc. (collectively, ‘‘Affiliated obligations with respect to this type of below, which Items have been prepared Exchanges’’). As part of this effort, the access arrangement. by the Exchange. The Commission is proposal set forth below harmonizes the Defining Customer Agreement publishing this notice to solicit Exchange’s sponsored access rules with The Exchange proposes to amend comments on the proposed rule change the Nasdaq Sponsored Access Rules in Supplementary Material .01(b)(1) to from interested persons. order to provide uniform standards and Rule 706 to define the agreement that requirements for users of the Affiliated I. Self-Regulatory Organization’s Sponsored Customers must enter into Exchanges.5 Statement of the Terms of Substance of and maintain with one or more the Proposed Rule Change In particular, the Exchange proposes to (1) define the term ‘‘Sponsored Sponsoring Members to establish proper The Exchange proposes to amend Access’’ and ‘‘Customer Agreement;’’ (2) relationship(s) and account(s) through Supplementary Material to Rule 706 to specify the requirement to comply with which the Sponsored Customer may harmonize its sponsored access rules trade on the Exchange, as a ‘‘Customer Rule 15c3–5 under the Act (‘‘Market 9 with those of its affiliates, The Nasdaq Access Rule’’); (3) remove the Agreement.’’ Stock Market LLC (‘‘NQX’’), Nasdaq BX, requirements that each Sponsored Market Access Rule Inc. (‘‘BX’’) and Nasdaq PHLX LLC Customer and each Sponsoring Member Pursuant to Supplementary Material (‘‘PHLX,’’ and together with NQX and enter into certain agreements with the BX, ‘‘Nasdaq Exchanges’’). .01(b)(2) to Rule 706, the Sponsoring Exchange; and (4) make a number of Member is responsible for the activities The text of the proposed rule change related, non-substantive changes. Each is available on the Exchange’s website at change is discussed in detail as follows. http://ise.cchwallstreet.com/, at the fund, mutual fund, bank or insurance company, an Defining Sponsored Access individual, or another broker-dealer—to use the principal office of the Exchange, and at broker-dealer’s MPID, account or other mechanism the Commission’s Public Reference A Sponsored Customer is a non- or mnemonic used to identify a market participant Room. member of the Exchange, such as an for the purposes of electronically accessing the institutional investor, that gains access Exchange. II. Self-Regulatory Organization’s 7 See NQX Rule 4615(a), BX Rule 4615(a) and to the Exchange 6 and trades under a Statement of the Purpose of, and PHLX Rule 1094(a). Statutory Basis for, the Proposed Rule 8 The Market Access Rule, among other things, 3 See NQX Rule 4615, BX Rule 4615 and PHLX requires broker-dealers providing others with access Change Rule 1094 (collectively, ‘‘Nasdaq Sponsored Access to an exchange or alternative trading system to In its filing with the Commission, the Rules’’). establish, document, and maintain a system of risk 4 See Securities Exchange Act Release No. 78119 management controls and supervisory procedures Exchange included statements (June 21, 2016), 81 FR 41611 (June 27, 2016) (SR– reasonably designed to manage the financial, concerning the purpose of and basis for ISE–2016–11; SR–ISEGemini-2016–05; SR– regulatory, and other risks of providing such access. the proposed rule change and discussed ISEMercury–2016–10). See Securities Exchange Act Release No. 63241 any comments it received on the 5 GEMX and MRX will each file similar rule (November 3, 2010), 75 FR 69792 (November 15, proposed rule change. The text of these change proposals with the Commission to 2010). harmonize their sponsored access rules with the 9 The Nasdaq Sponsored Access Rules also Nasdaq Sponsored Access Rules. similarly define ‘‘Customer Agreement.’’ See NQX 1 15 U.S.C. 78s(b)(1). 6 For example, a broker-dealer may allow its Rule 4615(b)(i), BX Rule 4615(b)(i) and PHLX Rule 2 17 CFR 240.19b–4. customer—whether an institution such as a hedge 1094(b)(i).

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of the Sponsored Customer. Sponsored Access. If separate ports are requested Customer will be informed of its Customers are required to have by a member for the purpose of obligations through the Customer procedures in place to comply with the providing Sponsored Access, the Agreement that it executed with the Exchange’s rules, and the Sponsoring member must request those ports from Sponsoring Member. As noted above, Member takes responsibility for the the Exchange and is responsible for the the Exchange only permits its members Sponsored Customer’s activity on the Sponsored Customer’s activity on the to request connectivity to the Exchange. Members may have multiple Exchange.15 In all circumstances, the Exchange’s trading system, and Sponsored Access relationships in place Exchange only permits members to members remain responsible for all at a given time. The Exchange’s request connectivity to the market and trades submitted through such ports. examination program assesses the member is responsible for all Pursuant to Supplementary Material compliance with the sponsored access customer orders submitted through the .01(b)(2)(vii) to Rule 706, the trading rules set forth in Supplementary member’s port. In addition, such activity of a Sponsored Customer must Material to Rule 706, among other connection by the member requires be monitored by the Sponsoring rules.10 The Exchange now proposes to approval by the Exchange for the Member for compliance with the terms specifically enumerate in purpose of testing as well as other of the Customer Agreement with the Supplementary Material .01(b)(2) to relevant information sharing with the Sponsored Customer. Finally, Rule 706 the member’s obligation to Exchange by the member to obtain a Sponsoring Members continue to be comply with the Market Access Rule, port. The Exchange is therefore aware of obligated to comply with with which Members are currently the member responsible for each of its Supplementary Material .01(b) to Rule required to comply in connection with ports. The Exchange may also request 706 and the Market Access Rule. As market access.11 The Exchange believes further information about a member’s such, the Sponsoring Member is that specifying the obligation to comply particular customer relationship, responsible for any and all actions taken with the Market Access Rule within the including the list of all Authorized by its Sponsored Customer and any rule itself will reinforce that Traders who may have access to the person acting on behalf of or in the Supplementary Material to Rule 706 Exchange on behalf of the Sponsored name of such Sponsored Customer. presupposes member compliance with Customer, as it deems necessary.16 The Addendum requirement was the Market Access Rule. The Exchange believes that intended to notify the Exchange of the completing and submitting the relationship between the Sponsoring Elimination of Certain Contract Sponsored Customer Agreement and Member and the Sponsored Customer, Requirements Addendum is unnecessarily and to provide the Sponsoring The Exchange currently requires a burdensome in light of the current Member’s express acknowledgment of Sponsored Customer Agreement structure in place at the Exchange. The the Sponsoring Member’s responsibility between the Sponsored Customer and Sponsored Customer Agreement for the orders, executions and actions of the Exchange,12 and a Sponsored requirement was intended to ensure that its Sponsored Customer. However, as Customer Addendum to the member the Sponsored Customer was informed noted above, the Exchange may request access agreement (hereinafter, of its obligation to comply with the additional information about a ‘‘Addendum’’) that is provided to the Exchange’s Certificate of Formation, By- particular customer relationship as it Exchange by the Sponsoring Member.13 Laws, Rules and procedures, including deems necessary.18 The Exchange will At this time, the Exchange proposes to the requirements in Supplementary also require that its members disclose remove the existing requirements to Material .01(b)(2)(iii)–(ix).17 The the Sponsored Customer relationship as submit the Sponsored Customer agreement also provided the Exchange a condition for approving any ports Agreement and Addendum to the with contractual privity, which would requested for the purpose of providing Exchange in order to align its sponsored no longer exist with the removal of the Sponsored Access.19 Accordingly, the access rules with the Nasdaq Sponsored Sponsored Customer Agreement. The Exchange will continue to be notified of Access Rules. The Exchange will Exchange does not believe the loss of Sponsored Customer arrangements even continue to require a Customer privity with the Sponsored Customer with the removal of the Addendum. Agreement between the Sponsored creates a concern as the Exchange has Furthermore, as discussed above, Customer and Sponsoring Member the ability to remove access to the port Sponsoring Members continue to be pursuant to Supplementary Material at any time if it determines that the obligated to comply with .01(b)(2) to Rule 706.14 activity of the Sponsored Customer Supplementary Material .01(b) to Rule Today, only members may request warrants such removal. In addition, as 706 and the Market Access Rule, and are connectivity to the Exchange by discussed below, the Sponsored therefore responsible for any and all contacting Nasdaq Subscriber Services. actions taken by its Sponsored Customer A member may obtain separate ports for 15 In such cases, the Nasdaq Exchanges also and any person acting on behalf of or in the purpose of providing Sponsored require members to disclose the sponsored access the name of such Sponsored Customer. arrangement as a condition to approving the The Exchange, through its RSA with member’s port request. ISE will similarly require 10 The Exchange has a Regulatory Services members requesting connectivity to ISE for the FINRA, reviews member compliance Agreement (‘‘RSA’’) with the Financial Industry purpose of providing Sponsored Access to disclose with Supplementary Material to Rule Regulatory Authority (‘‘FINRA’’) to conduct sponsored access arrangements as a condition to 706, including compliance with the regulatory examinations, among other obligations. approval. Market Access Rule. 11 See NQX Rule 4615(b)(ii)(A), BX Rule 16 See Rule 1601. 4615(b)(ii)(A) and PHLX Rule 1094(b)(ii)(A) for Supplementary Material .01(b)(1) to 17 These requirements include, among others, the Rule 706 requires that the Sponsored consistent provisions. Sponsored Customer’s obligation to maintain, keep 12 See Supplementary Material .01(a) to Rule 706. current and provide to the Sponsoring Member a Customer and the Sponsoring Member 13 See Supplementary Material .01(b)(2)(i) and list of Authorized Traders who may obtain access maintain a Customer Agreement with (b)(3) to Rule 706. to the Exchange on behalf of the Sponsored the sponsorship provisions set forth in 14 The Nasdaq Sponsored Access Rules likewise Customer. In addition, the Sponsored Customer paragraph (2) to ensure compliance with only require a Customer Agreement between the must take reasonable security precautions to sponsored participant and sponsoring member. See prevent unauthorized use or access to the Exchange, NQX Rule 4615(b)(i), BX Rule 4615(b)(i) and PHLX and is responsible for having adequate procedures 18 See Rule 1601. Rule 1094(b)(i). and controls in place to comply with ISE’s rules. 19 See note 15 above.

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Exchange’s rules and obligations related objectives of Section 6(b)(5) of the Act,22 Market Access Rule to security, among other things. in particular, in that it is designed to As discussed above, Exchange Additionally, Supplementary Material promote just and equitable principles of members will continue to be required to .01(b)(2)(iv) and (v) require that the trade, to remove impediments to and comply with Supplementary Material to Customer Agreement include the perfect the mechanism of a free and Rule 706 and the Market Access Rule. Sponsored Customer’s obligation to open market and a national market The Exchange believes that specifically maintain, keep current and provide to system, and, in general to protect enumerating the member’s the Sponsoring Member a list of investors and the public interest. responsibility to comply with the Authorized Traders who have been Overall, the proposed rule change is Market Access Rule within the Rule granted access to the Exchange on intended to align the Exchange’s itself will provide members with behalf of the Sponsored Customer, and sponsored access rules in additional guidance concerning the provide such Authorized Traders with Supplementary Material to Rule 706 application of the Rule. This change is appropriate training prior to any use or with the Nasdaq Sponsored Access non-substantive as members are access to the Exchange. In addition, Rules, and is part of the Exchange’s currently responsible for complying pursuant to the Customer Agreement continued effort to promote efficiency with the Market Access Rule. provisions required by Rule 706, and conformity of its processes with Supplementary Material .01(b)(vii), the Elimination of Certain Contract those of the Nasdaq Exchanges. Sponsored Customer is obligated to take Requirements Consistent rules and processes across reasonable security precautions to Removing the requirements to submit the Affiliated Exchanges would in turn prevent unauthorized use or access to and complete a Sponsored Customer the Exchange, including unauthorized simplify the regulatory requirements for Agreement and Addendum will remove entry of information into the Exchange’s members of the Exchange that are also impediments to and perfect the System, or the information and data participants on the Nasdaq Exchanges. mechanism of a free and open market by made available therein. Finally, the The Exchange believes that its proposal aligning the Exchange’s sponsored Customer Agreement must provide that would provide greater harmonization access rules with the Nasdaq Sponsored the Sponsored Customer is responsible among similar rules and procedures of Access Rules, which currently do not for any and all orders, trades and other the Affiliated Exchanges, resulting in require additional agreements for their messages and instructions entered, greater uniformity and more efficient sponsored participants other than a transmitted or received under regulatory compliance. As such, the Customer Agreement.23 The Exchange identifiers, passwords and security proposed rule change would foster believes that its proposal would create codes of Authorized Traders, and for the cooperation and coordination with equivalent sponsored access standards trading and other consequences thereof, persons engaged in facilitating and requirements among the Affiliated including granting unauthorized access transactions in securities and would Exchanges and also provide clarity to its to the Exchange.20 The contents and the remove impediments to and perfect the members, which is beneficial to both requirement for a Customer Agreement mechanism of a free and open market investors and the public interest. While are unchanged. and national market system. elimination of the Sponsored Customer Agreement requirement will also Clean-Up Changes Defining Sponsored Access eliminate the Exchange’s contractual The Exchange proposes to correct two privity with the Sponsored Customer, Adding a definition of Sponsored typographical errors in subsections (vii) the Exchange notes that any potential Access will assist market participants to and (ix) of Supplementary Material concerns to the loss of privity are .01(b)(2) to Rule 706. First in subsection understand the type of arrangements mitigated by the Exchange’s ability to (vii), the Exchange proposes to correct a that are subject to Supplementary restrict the Sponsored Customer’s access typo by replacing ‘‘of’’ with ‘‘or’’ in the Material to Rule 706, and such clarity to a port at any time it is warranted by first sentence. The proposed sentence will serve to promote just and equitable the Sponsored Customer’s trading would therefore state ‘‘Sponsored principles of trade. The Exchange activity. As discussed above, Customer shall take reasonable security believes that adding the Sponsored connectivity to the Exchange must be precautions to prevent unauthorized use Access definition will provide its requested by a member of the Exchange. or access to the Exchange . . .’’ members with additional guidance with Such connection requires approval by Second, subsection (ix) would be respect to this Rule. the Exchange, testing and other security amended to correct a typo in the last Defining Customer Agreement features as well as information sharing portion of the first sentence. In with the Exchange by the member. In particular, the phrase ‘‘. . . Sponsored Defining the agreement that addition, Supplementary Material Customers access to and use of the Sponsored Customers must enter into .01(b)(2) to Rule 706 delineates the Exchange’’ should be ‘‘. . . Sponsored and maintain with one or more terms of the required contractual Customer’s access to and use of the Sponsoring Members to establish proper relationship between the Sponsoring Exchange.’’ Both of these proposed relationship(s) and account(s) through Member and the Sponsored Customer in changes are non-substantive clean-ups, which the Sponsored Customer may the Customer Agreement, which and are intended to ensure that the rule trade on the Exchange, as a ‘‘Customer remains in effect. The Exchange also text is as accurate and clear as possible. Agreement’’ will also serve to provide believes that the Addendum is members with clarity on the agreement unnecessary in light of the fact that 2. Statutory Basis Sponsoring Members must request that the Exchange will continue to The Exchange believes that its connectivity to the Exchange as well as require and the obligations that are proposal is consistent with Section 6(b) enter into a Customer Agreement with contained within the Customer of the Act,21 in general, and furthers the the Sponsored Customer. Furthermore, Agreement. This amendment is non- as discussed above, the Exchange will substantive. 20 See Rule 706, Supplementary Material .01(b)(vii). 23 See NQX Rule 4615, BX Rule 4615 and PHLX 21 15 U.S.C. 78f(b). 22 15 U.S.C. 78f(b)(5). Rule 1094.

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require members to disclose the A proposed rule change filed • Send an email to rule-comments@ Sponsored Customer relationship as a pursuant to Rule 19b–4(f)(6) under the sec.gov. Please include File Number SR– condition to approving the member’s Act 26 normally does not become ISE–2018–44 on the subject line. port request to provide Sponsored operative for 30 days after the date of its Access. Finally, as is the case with other filing. However, Rule 19b–4(f)(6)(iii) 27 Paper Comments Exchange rules, the Exchange examines permits the Commission to designate a • Send paper comments in triplicate for compliance with Supplementary shorter time if such action is consistent to Secretary, Securities and Exchange Material to Rule 706 and may request with the protection of investors and the Commission, 100 F Street NE, information about any customer public interest. The Exchange has asked relationship which concerns the the Commission to waive the 30-day Washington, DC 20549–1090. Exchange pursuant to Rule 1601. operative delay so that the proposal may All submissions should refer to File become operative immediately upon Clean-Up Changes Number SR–ISE–2018–44. This file filing. The Exchange represents that number should be included on the The Exchange believes that the waiver of the operative delay would subject line if email is used. To help the proposed changes to correct the two allow the Exchange to harmonize its Commission process and review your typos in subsections (vii) and (ix) of sponsored access rule to the rules of the comments more efficiently, please use Supplementary Material .01(b)(2) to 28 Nasdaq Exchanges. The Commission only one method. The Commission will Rule 706 will add further clarification to believes that waiving the 30-day post all comments on the Commission’s the Exchange’s Rulebook and alleviate operative delay is consistent with the internet website (http://www.sec.gov/ potential confusion as to the protection of investors and the public applicability of the Exchange’s rules, interest because the proposed rule rules/sro.shtml). Copies of the which will protect investors and the change would simplify the regulatory submission, all subsequent public interest. requirements of members of the amendments, all written statements with respect to the proposed rule B. Self-Regulatory Organization’s Exchange that are also participants on change that are filed with the Statement on Burden on Competition the Nasdaq Exchanges. Further, the Commission does not believe that the Commission, and all written The Exchange does not believe that proposed rule change raises any new or communications relating to the the proposed rule change will impose novel issues. Accordingly, the proposed rule change between the any burden on competition not Commission hereby waives the Commission and any person, other than necessary or appropriate in furtherance operative delay and designates the those that may be withheld from the of the purposes of the Act because all proposal operative upon filing.29 public in accordance with the members would be subject to the same At any time within 60 days of the provisions of 5 U.S.C. 552, will be sponsored access requirements, as filing of the proposed rule change, the available for website viewing and discussed above. The proposed rule Commission summarily may printing in the Commission’s Public change is designed to provide greater temporarily suspend such rule change if harmonization among the sponsored Reference Room, 100 F Street NE, it appears to the Commission that such Washington, DC 20549, on official access rules across the Affiliated action is: (i) Necessary or appropriate in business days between the hours of Exchanges, resulting in more efficient the public interest; (ii) for the protection 10:00 a.m. and 3:00 p.m. Copies of the regulatory compliance for common of investors; or (iii) otherwise in members, and is not intended to have furtherance of the purposes of the Act. filing also will be available for any competitive effect. If the Commission takes such action, the inspection and copying at the principal Commission shall institute proceedings office of the Exchange. All comments C. Self-Regulatory Organization’s received will be posted without change. Statement on Comments on the to determine whether the proposed rule should be approved or disapproved. Persons submitting comments are Proposed Rule Change Received From cautioned that we do not redact or edit Members, Participants, or Others IV. Solicitation of Comments personal identifying information from No written comments were either Interested persons are invited to comment submissions. You should solicited or received. submit written data, views, and submit only information that you wish III. Date of Effectiveness of the arguments concerning the foregoing, to make available publicly. All Proposed Rule Change and Timing for including whether the proposed rule submissions should refer to File Commission Action change is consistent with the Act. Number SR–ISE–2018–44 and should be Comments may be submitted by any of submitted on or before June 11, 2018. Because the foregoing proposed rule the following methods: change does not: (i) Significantly affect For the Commission, by the Division of the protection of investors or the public Electronic Comments Trading and Markets, pursuant to delegated interest; (ii) impose any significant • Use the Commission’s internet authority.30 burden on competition; and (iii) become comment form (http://www.sec.gov/ Eduardo A. Aleman, operative for 30 days from the date on rules/sro.shtml); or Assistant Secretary. which it was filed, or such shorter time [FR Doc. 2018–10705 Filed 5–18–18; 8:45 am] as the Commission may designate, it has prior to the date of filing of the proposed rule become effective pursuant to Section change, or such shorter time as designated by the BILLING CODE 8011–01–P 24 Commission. The Exchange has satisfied this 19(b)(3)(A)(iii) of the Act and requirement. subparagraph (f)(6) of Rule 19b–4 26 17 CFR 240.19b–4(f)(6). 25 thereunder. 27 17 CFR 240.19b–4(f)(6)(iii). 28 See supra note 3. 24 15 U.S.C. 78s(b)(3)(A)(iii). 29 For purposes only of waiving the 30-day 25 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– operative delay, the Commission has also 4(f)(6) requires a self-regulatory organization to give considered the proposed rule’s impact on the Commission written notice of its intent to file efficiency, competition, and capital formation. See the proposed rule change at least five business days 15 U.S.C. 78c(f). 30 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE workstation. The fees herein will be and coordination with persons engaged COMMISSION effective on May 1, 2018. in regulating, clearing, settling, By way of background, the PULSe processing information with respect to, [Release No. 34–83242; File No. SR–C2– workstation is a front-end order entry 2018–008] and facilitating transactions in system designed for use with respect to securities, to remove impediments to Self-Regulatory Organizations; Cboe orders that may be sent to the trading and perfect the mechanism of a free and C2 Exchange, Inc.; Notice of Filing and systems of the Exchange. Exchange open market and a national market Immediate Effectiveness of a Proposed Trading Permit Holders (‘‘TPHs’’) may system, and, in general, to protect Rule Change To Amend Its Fees also make workstations available to investors and the public interest. Schedule Related to Its PULSe their customers, which may include Additionally, the Exchange believes the Workstation TPHs, non-broker dealer public proposed rule change is consistent with customers, and non-TPH broker dealers. Section 6(b)(4) of the Act,5 which May 15, 2018. Financial Information eXchange requires that Exchange rules provide for Pursuant to Section 19(b)(1) of the (‘‘FIX’’) language-based connectivity, the equitable allocation of reasonable Securities Exchange Act of 1934 (the upon request, provides customers (both 1 2 dues, fees, and other charges among its ‘‘Act’’), and Rule 19b–4 thereunder, TPH and non-TPH) of TPHs that are Trading Permit Holders and other brokers and PULSe users (‘‘PULSe notice is hereby given that on May 1, persons using its facilities. 2018, Cboe C2 Exchange, Inc. (the brokers’’) with the ability to receive ‘‘Exchange’’ or ‘‘C2’’) filed with the ‘‘drop-copy’’ order fill messages from The Exchange believes that reducing Securities and Exchange Commission their PULSe brokers. These fill messages the $400 per month to $0.02 per (the ‘‘Commission’’) the proposed rule allow customers to update positions, contract with a cap of $400 per month change as described in Items I, II, and risk calculations, and streamline back- on a TPH sending drop copies from III below, which Items have been office functions. PULSe to a non-TPH customer is prepared by the Exchange. The The Exchange is proposing to reduce reasonable because the fee will continue Commission is publishing this notice to and cap the monthly fee to be assessed to allow the Exchange to monitor, solicit comments on the proposed rule on TPHs who are sending drop copies develop and implement upgrades, change from interested persons. to non-TPH customers via a PULSe maintain, and customize PULSe to workstation. Currently, if a customer ensure a non-TPH customer receives I. Self-Regulatory Organization’s receiving drop copies is a non-TPH, the timely and accurate drop copies while Statement of the Terms of Substance of PULSe broker (the sending TPH) who also potentially reducing the sending the Proposed Rule Change sends drop copies via PULSe to that TPH’s costs. The Exchange believes the The Exchange proposes to amend its customer is charged $400 per month. fee is equitable and not unfairly fees schedule related to its PULSe The Exchange is proposing to reduce discriminatory because the monthly fee workstation. that fee to $0.02 per contract with a cap is assessed equally to any TPH sending The text of the proposed rule change of $400 per month per receiving non- drop copies to its non-TPH customers. is also available on the Exchange’s TPH. If that PULSe broker sends drop Additionally, use of the drop copy website (http://www.c2exchange.com/ copies via PULSe to multiple non-TPH functionality by a TPH and non-TPH Legal/), at the Exchange’s Office of the customers, the PULSe broker will be customer is voluntary. Secretary, and at the Commission’s charged the fee for each customer. For Public Reference Room. example, if a PULSe broker sends drop B. Self-Regulatory Organization’s Statement on Burden on Competition II. Self-Regulatory Organization’s copies via its PULSe workstation to each Statement of the Purpose of, and of non-TPH customer A, non-TPH The Exchange does not believe that Statutory Basis for, the Proposed Rule customer B, and non-TPH customer C, the proposed rule changes will impose the PULSe broker (the sending TPH) Change any burdens on competition that are not will be charged a fee of $.02 per contract In its filing with the Commission, the necessary or appropriate in furtherance for drop copies it sends via PULSe to Exchange included statements of the purposes of the Act. The non-TPH customers A, B, and C (the concerning the purpose of and basis for Exchange does not believe that the receiving non-TPHs) with a cap of the proposed rule change and discussed proposed rule change will impose any $1,200 ($400 per non-TPH customers A, any comments it received on the burden on intramarket competition that B, and C). proposed rule change. The text of these is not necessary or appropriate in statements may be examined at the 2. Statutory Basis furtherance of the purposes of the Act places specified in Item IV below. The The Exchange believes the proposed because the proposed PULSe-related Exchange has prepared summaries, set rule change is consistent with the fees are assessed equally to TPH forth in sections A, B, and C below, of Securities Exchange Act of 1934 (the broker’s electing to use the optional the most significant aspects of such ‘‘Act’’) and the rules and regulations Drop Copy functionality. The Exchange statements. thereunder applicable to the Exchange does not believe that the proposed change will cause any unnecessary A. Self-Regulatory Organization’s and, in particular, the requirements of 3 burden on intermarket competition Statement of the Purpose of, and Section 6(b) of the Act. Specifically, because the proposed fees relate to use Statutory Basis for, the Proposed Rule the Exchange believes the proposed rule of an Exchange-provided order entry Change change is consistent with the Section 6(b)(5) 4 requirements that the rules of system. To the extent that any proposed 1. Purpose an exchange be designed to prevent change makes the Exchange a more The Exchange proposes to amend its fraudulent and manipulative acts and attractive marketplace for market Fees Schedule. The Exchange is practices, to promote just and equitable participants at other exchanges, such changing fees related to its PULSe principles of trade, to foster cooperation market participants are welcome to become Exchange market participants. 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5). 5 15 U.S.C. 78f(b)(4).

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C. Self-Regulatory Organization’s communications relating to the Holdings LLC and therefore this Statement on Comments on the proposed rule change between the transaction is considered Financing an Proposed Rule Change Received From Commission and any person, other than Associate. requiring prior SBA approval. Members, Participants, or Others those that may be withheld from the Notice is hereby given that any The Exchange neither solicited nor public in accordance with the interested person may submit written received comments on the proposed provisions of 5 U.S.C. 552, will be comments on this transaction within rule change. available for website viewing and fifteen days of the date of this printing in the Commission’s Public publication to the Associate III. Date of Effectiveness of the Reference Room, 100 F Street NE, Administrator, Office of Investment and Proposed Rule Change and Timing for Washington, DC 20549, on official Innovation, U.S. Small Business Commission Action business days between the hours of Administration, 409 Third Street SW, The foregoing rule change has become 10:00 a.m. and 3:00 p.m. Copies of the Washington, DC 20416. effective pursuant to Section 19(b)(3)(A) filing also will be available for of the Act 6 and paragraph (f) of Rule inspection and copying at the principal A. Joseph Shepard, 19b–4 7 thereunder. At any time within office of the Exchange. All comments Associate Administrator for Office of 60 days of the filing of the proposed rule received will be posted without change. Investment and Innovation. change, the Commission summarily may Persons submitting comments are [FR Doc. 2018–10792 Filed 5–18–18; 8:45 am] temporarily suspend such rule change if cautioned that we do not redact or edit BILLING CODE 8025–01–P it appears to the Commission that such personal identifying information from action is necessary or appropriate in the comment submissions. You should public interest, for the protection of submit only information that you wish investors, or otherwise in furtherance of to make available publicly. All DEPARTMENT OF STATE the purposes of the Act. If the submissions should refer to File Commission takes such action, the Number SR–C2–2018–008 and should [Public Notice 10419] Commission will institute proceedings be submitted on or before June 11, 2018. to determine whether the proposed rule Notice of Determinations; Culturally For the Commission, by the Division of Significant Objects Imported for change should be approved or Trading and Markets, pursuant to delegated disapproved. authority.8 Exhibition Determinations: ‘‘Giacometti’’ Exhibition IV. Solicitation of Comments Eduardo A. Aleman, Interested persons are invited to Assistant Secretary. SUMMARY: Notice is hereby given of the submit written data, views, and [FR Doc. 2018–10709 Filed 5–18–18; 8:45 am] following determinations: I hereby arguments concerning the foregoing, BILLING CODE 8011–01–P determine that certain objects to be including whether the proposed rule included in the exhibition change is consistent with the Act. ‘‘Giacometti,’’ imported from abroad for Comments may be submitted by any of SMALL BUSINESS ADMINISTRATION temporary exhibition within the United States, are of cultural significance. The the following methods: [License No. 04/04–0340] objects are imported pursuant to loan Electronic Comments Resolute Capital Partners Fund IV, agreements with the foreign owners or • Use the Commission’s internet L.P.; Notice Seeking Exemption Under custodians. I also determine that the comment form (http://www.sec.gov/ Section 312 of the Small Business exhibition or display of the exhibit rules/sro.shtml); or Investment Act, Conflicts of Interest objects at the Solomon R. Guggenheim • Send an email to rule-comments@ Museum, New York, New York, from on sec.gov. Please include File Number SR– Notice is hereby given that Resolute or about June 8, 2018, until on or about C2–2018–008 on the subject line. Capital Partners IV, L.P., 20 Burton Hills September 12, 2018, and at possible Blvd., Suite 430, Nashville, TN 37215, Paper Comments additional exhibitions or venues yet to a Federal Licensee under the Small be determined, is in the national • Send paper comments in triplicate Business Investment Act of 1958, as interest. I have ordered that Public to Secretary, Securities and Exchange amended (‘‘the Act’’), in connection Notice of these determinations be Commission, 100 F Street NE, with the financing of a small concern, published in the Federal Register. Washington, DC 20549–1090. has sought an exemption under Section FOR FURTHER INFORMATION CONTACT: All submissions should refer to File 312 of the Act and Section 107.730, Elliot Chiu, Attorney-Adviser, Office of Number SR–C2–2018–008. This file Financings which Constitute Conflicts the Legal Adviser, U.S. Department of number should be included on the of Interest of the Small Business State (telephone: 202–632–6471; email: subject line if email is used. To help the Administration (‘‘SBA’’) Rules and [email protected]). The mailing Commission process and review your Regulations (13 CFR 107.730). Resolute address is U.S. Department of State, comments more efficiently, please use Capital Partners IV, L.P. proposes to L/PD, SA–5, Suite 5H03, Washington, only one method. The Commission will provide loan and equity security DC 20522–0505. post all comments on the Commission’s financing to Power Design Holdings internet website (http://www.sec.gov/ LLC, 2200 Ross Ave., Suite 4050, Dallas, SUPPLEMENTARY INFORMATION: The rules/sro.shtml). Copies of the TX 75201. foregoing determinations were made submission, all subsequent The financing is brought within the pursuant to the authority vested in me amendments, all written statements purview of § 107.730(a)(1) of the by the Act of October 19, 1965 (79 Stat. with respect to the proposed rule Regulations because Resolute Capital 985; 22 U.S.C. 2459), E.O. 12047 of change that are filed with the Partners III, L.P., an Associate of March 27, 1978, the Foreign Affairs Commission, and all written Resolute Capital Partners IV, L.P., owns Reform and Restructuring Act of 1998 more than ten percent of Power Design (112 Stat. 2681, et seq.; 22 U.S.C. 6501 6 15 U.S.C. 78s(b)(3)(A). note, et seq.), Delegation of Authority 7 17 CFR 240.19b–4(f). 8 17 CFR 200.30–3(a)(12). No. 234 of October 1, 1999, and

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Delegation of Authority No. 236–3 of According to BTSC, it will the nature of the information collections August 28, 2000. interchange with Consolidated Rail and its expected burden. The Federal Corporation (Conrail), pursuant to an Register Notice with a 60-day comment Marie Therese Porter Royce, Interchange Agreement, as a contract period soliciting comments on the Assistant Secretary for Educational and switching carrier at the Bayway following collection of information was Cultural Affairs, Department of State. Industrial Track (Bayway I.T.); the published on February 20, 2018 (83 FR [FR Doc. 2018–10777 Filed 5–18–18; 8:45 am] connecting track between the Bayway 7297). BILLING CODE 4710–05–P I.T./Simmons Lead and Bayway Yard DATES: Send comments on or before and Track No. 4 of Bayway Yard; or, June 20, 2018. such other location to be agreed upon by SURFACE TRANSPORTATION BOARD ADDRESSES: You may send comments, BTSC and Conrail. identified by Docket No. NHTSA–2017– [Docket No. FD 36146] The Line qualifies for a modified 0095 by any of the following methods: certificate of public convenience and • Federal eRulemaking Portal: Go to Bayway Terminal Switching Company, necessity. See Common Carrier Status of https://www.regulations.gov. Follow the L.L.C.—Modified Certificate of Public States, State Agencies & instructions for sending comments. Convenience and Necessity Instrumentalities & Political • Mail: Docket Management Facility: On September 5, 2017, Bayway Subdivisions, FD 28990F (ICC served U.S. Department of Transportation, 1200 Terminal Switching Company, L.L.C. July 16, 1981); 49 CFR 1150.22. New Jersey Avenue SE, West Building BTSC states that no subsidy is (BTSC),1 a noncarrier, filed a notice for Ground Floor, Room W12–140, a modified certificate of public involved and that there are no Washington, DC 20590–0001. • convenience and necessity under 49 preconditions for shippers to meet to Hand Delivery or Courier: U.S. CFR pt. 1150 subpart C—Modified receive rail service. BTSC’s notice also Department of Transportation, West Certificate of Public Convenience and includes a certificate of liability Building Ground Floor, Room W12–140, Necessity, to permit BTSC to operate insurance coverage. (See Notice Ex. 2.) 1200 New Jersey Avenue SE, between 9 over a rail line owned by the state of This notice will be served on the a.m. and 5 p.m. ET, Monday through New Jersey. The rail line is located Association of American Railroads (Car Friday, except Federal holidays. between milepost 3.15 (East Linden Service Division), as agent for all Telephone: 1–800–647–5527. • Avenue) and milepost 4.56 in Union railroads subscribing to the car-service Fax: 202–493–2251 County, NJ (the Line).2 and car-hire agreement, at 425 Third Instructions: All submissions received BTSC states that the abandonment of Street SW, Suite 1000, Washington, DC must include the agency name and the Line was previously authorized by 20024; and on the American Short Line docket number for this proposed the Interstate Commerce Commission in and Regional Railroad Association at 50 collection of information. All comments Staten Island Railway—Abandonment, F Street NW, Suite 7020, Washington, received will be posted without change AB 263 (Sub-No. 3) (ICC served Dec. 5, DC 20001. to https://www.regulations.gov, 1991) and Rahway Valley Railroad— Board decisions and notices are including any personal information Abandonment—Between Aldene & available on our website at provided. Please see the Privacy Act Summit in Union County, N.J., AB 211 WWW.STB.GOV. heading below. (ICC served Aug. 27, 1992). Decided: May 15, 2018. Privacy Act: Anyone is able to search According to BTSC, it will commence By the Board, Scott M. Zimmerman, Acting the electronic form of all comments contract carrier switching services for Director, Office of Proceedings. received into any of our dockets by the four customers located on the Line Brendetta Jones, name of the individual submitting the comment (or signing the comment, if pursuant to a Railcar Switching Clearance Clerk. Agreement (Agreement). BTSC states submitted on behalf of an association, [FR Doc. 2018–10743 Filed 5–18–18; 8:45 am] that the four customers are Phillips 66 business, labor union, etc.). You may Company (Phillips), Infineum USA L.P., BILLING CODE 4915–01–P review DOT’s complete Privacy Act Veolia North America Regeneration Statement in the Federal Register Services, LLC, and Solutia Inc. published on April 11, 2000 (65 FR According to BTSC, it is seeking this DEPARTMENT OF TRANSPORTATION 19477–78) or you may visit https:// modified certificate so that it can DocketInfo.dot.gov. National Highway Traffic Safety The 60-day notice for this ICR was provide common carrier switching Administration services should anyone request such inadvertently filed in docket NHTSA– service in the future. BTSC states that [Docket Number NHTSA–2017–0095] 2017–0039. The correct docket number the Agreement has a term of five years is NHTSA–2017–0095. subject to extensions by agreement of Reports, Forms, and Recordkeeping FOR FURTHER INFORMATION CONTACT: Alex the parties. BTSC further states that Requirements Ansley, Recall Management Division Phillips is entering into an agreement AGENCY: National Highway Traffic (NEF–107), NHTSA, 1200 New Jersey with the state of New Jersey, which will Safety Administration (NHTSA), U.S. Ave., Room W48–301, Washington, DC give Phillips custody of the Line.3 Department of Transportation (DOT). 20590. Telephone (202) 493–0481. Please identify the relevant collection of ACTION: Notice and request for 1 BTSC is a subsidiary of Watco Transportation comments. information by referring to its OMB Services, L.L.C., which, in turn, is a subsidiary of Control Number. Watco Holdings, Inc. 2 The Line, along with other rail lines, was SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: Under the previously operated by the Morristown & Erie Paperwork Reduction Act of 1995, this Paperwork Reduction Act of 1995 (44 Railway, Inc. See Morristown & Erie Ry.—Modified notice announces that the Information U.S.C. 3506(c)(2)(A)), before an agency Rail Certificate, FD 34054 (STB served July 5, 2002). Collection Request (ICR) abstracted submits a proposed collection of 3 On April 25, 2018, BTSC supplemented its Notice by submitting copies of the agreement below has been forwarded to the Office information to OMB for approval, it between BTSC and Phillips and the agreement of Management and Budget (OMB) for must first publish a document in the between Phillips and the state of New Jersey. review and comment. The ICR describes Federal Register providing a 60-day

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comment period and otherwise consult Estimated annual burden: During DATES: Comments on this notice must be with members of the public and affected NHTSA’s last renewal of this received by July 20, 2018. agencies concerning each proposed information collection, the agency ADDRESSES: You may submit comments collection of information. The OMB has estimated it would receive one petition (identified by Docket No. DOT–OST– promulgated regulations describing a year, with an estimated one hour of 2010–0211) through one of the what must be included in such a preparation for each petition, for a total following methods: document. Under OMB’s regulation, See of one burden hour per year. That • Federal eRulemaking Portal: http:// 5 CFR 1320.8(d), an agency must ask for estimate remains unchanged with this www.regulations.gov. Follow the online public comment on the following: notice. instructions for submitting comments. (i) Whether the proposed collection of Number of respondents: 1. • Mail: Docket Management Facility; information is necessary for the proper Comments are invited on: Whether U.S. Department of Transportation, 1200 performance of the functions of the the proposed collection of information New Jersey Avenue SE, West Building, agency, including whether the is necessary for the proper performance Room W12–140, Washington, DC 20590. information will have practical utility; of the functions of the Department, • Hand Delivery: U.S. Department of (ii) the accuracy of the agency’s including whether the information will Transportation, West Building Ground estimate of the burden of the proposed have practical utility; the accuracy of Floor, 1200 New Jersey Avenue SE, collection of information, including the the Department’s estimate of the burden Room W12–140, Washington, DC 20590, validity of the methodology and of the proposed information collection; between 9 a.m. and 5 p.m., Monday assumptions used; ways to enhance the quality, utility and through Friday, except on Federal (iii) how to enhance the quality, clarity of the information to be Holidays. The telephone number is 202– utility, and clarity of the information to collected; and ways to minimize the 366–9329. be collected; and burden of the collection of information FOR FURTHER INFORMATION CONTACT: (iv) how to minimize the burden of on respondents, including the use of Vinh Q. Nguyen, Senior Trial Attorney, the collection of information on those automated collection techniques or Office of the General Counsel, Office of who are to respond, including the use other forms of information technology. the Secretary, U.S. Department of of appropriate automated, electronic, All responses to this notice will be Transportation, 1200 New Jersey mechanical, or other technological summarized and included in the request Avenue SE, Washington, DC 20590, collection techniques or other forms of for OMB approval. 202–366–9342 (Voice), 202–366–7152 information technology, e.g., permitting Authority: 44 U.S.C. 3506(c); delegation of (fax), or [email protected] (email). electronic submission of responses. authority at 49 CFR 1.50 and 501.8(f). SUPPLEMENTARY INFORMATION: Title: Reports by Air Carriers on In compliance with these Stephen A. Ridella, Incidents Involving Animals During Air requirements, NHTSA asks for public Director, Office of Defects Investigation. comments on the following collection of Transport. [FR Doc. 2018–10805 Filed 5–18–18; 8:45 am] information: OMB Control Number: 2105–0552. Title of Collection: Petitions for BILLING CODE 4910–59–P Type of Request: Renewal of currently Hearings on Notification and Remedy of approved Information Collection Request. Defects. DEPARTMENT OF TRANSPORTATION Type of Request: Extension of a Background: The Wendell H. Ford Aviation Investment and Reform Act for currently approved information Office of the Secretary collection. the 21st Century or ‘‘AIR–21’’ (Pub. L. [Docket No. DOT–OST–2010–0211] OMB Control Number: 2127–0039. 106–181), which was signed into law on Affected Public: Businesses or others RIN 2105–AE07 April 5, 2000, includes section 710, for profit. ‘‘Reports by Carriers on Incidents Involving Animals During Air Abstract: Sections 30118(e) and Notice of Submission of Proposed Transport.’’ This provision was codified 30120(e) of Title 49 of the United States Information Collection to OMB Agency as 49 U.S.C. 41721. The statute requires Code specify that any interested person Request for Renewal of a Previously air carriers that provide scheduled may petition NHTSA to hold a hearing Approved Information Collection passenger air transportation to submit to determine whether a manufacturer of Request: Reports by Air Carriers on monthly to the Secretary of motor vehicles or motor vehicle Incidents Involving Animals During Air Transportation a report on any incidents equipment has met its obligation to Transport involving the loss, injury, or death of an notify owners, purchasers, and dealers AGENCY: Office of the Secretary (OST), animal (as defined by the Secretary of of vehicles or equipment of a safety- Department of Transportation Transportation) during air transport related defect or noncompliance with a (Department or DOT). provided by the air carrier. Federal motor vehicle safety standard in ACTION: Notice and request for On August 11, 2003, DOT, through its the manufacturer’s products and to comments. Federal Aviation Administration (FAA), remedy that defect or noncompliance. issued a final rule implementing section To implement these statutory SUMMARY: In accordance with the 710 of AIR–21.1 The rule required air provisions, NHTSA promulgated 49 Paperwork Reduction Act of 1995, this carriers that provide scheduled CFR part 557, Petitions for Hearings on notice announces the Department’s passenger air transportation to submit a Notification and Remedy of Defects. Part intention to apply to the Office of report to APHIS on any incident 557 establishes procedures providing for Management and Budget (OMB) to involving the loss, injury, or death of an the submission and disposition of renew the previously approved animal during air transportation petitions for hearings on the issues of information collection request (ICR) provided by the air carrier. Due to issues whether the manufacturer has met its OMB No. 2105–0552, ‘‘Reports by Air regarding whether APHIS had the obligation to notify owners, purchasers, Carriers on Incidents Involving Animals and dealers of safety-related defects or During Air Transport.’’ The current 1 Reporting Directive Regarding Incidents noncompliance, or to remedy such information collection request approved Involving Animals During Air Transport, 68 FR defect or noncompliance free of charge. by OMB expires August 31, 2018. 47798 (August 11, 2003).

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capability to accept such information Frequency: For each respondent, one Reduction Act of 1995, the Department directly from the carriers, DOT made a information set for the month of of Transportation (the Department) technical change in the rule on February December, plus one information set invites public comments on a request to 14, 2005, to require air carriers to during some other months (1 to 12). the Office of Management and Budget submit the required information directly Estimated Total Burden on (OMB) to approve modifications to two to DOT’s Aviation Consumer Protection Respondents: (1) Monthly reports of currently approved Information Division (ACPD) rather than APHIS and incidents involving the loss, injury, or Collection Requests (ICRs). As part of to make the rule part of DOT’s economic death of animals during air transport: 0 the modifications to the ICRs, one ICR regulations.2 to 384 hours (Respondents [32] × Time will be integrated into the other ICR. On July 3, 2014, DOT published a to Prepare One Monthly Report [1 hour] The modified and integrated ICR will be final rule amending the requirement × Frequency [0 to 12 per year]). (2) used to allow entities to apply for that air carriers file reports with DOT on December report containing the total Railroad Rehabilitation and the loss, injury, or death of animals number of animals that were lost, Improvement Financing (RRIF) and during air transport.3 The rule (1) injured, or died during air transport in Transportation Infrastructure Financing expanded the reporting requirement the calendar year and the total number and Innovation Act (TIFIA) credit from the largest U.S. carriers (i.e., U.S. of animals that were transported in the assistance using a common set of forms, carriers that account for at least 1 calendar year: 16 hours (Respondents rather than having a separate set of percent of domestic scheduled [32] × Time to Prepare One December forms for each of RRIF and TIFIA. The passenger revenue) to U.S. carriers that Report [0.5 hour] × Frequency (1 per new, integrated forms have also been operate scheduled service with at least year)]. updated to reflect changes in law, one aircraft with a design capacity of Public comments invited: You are streamlining of the credit programs, and more than 60 seats; (2) expanded the asked to comment on any aspect of this efficiencies in the application process definition of ‘‘animal’’ from only a pet information collection, including (a) adopted by the Department. However, in a family household to include all cats whether the proposed collection of the general process of applying for and dogs transported by covered information is necessary for the credit assistance is not changing; carriers, regardless of whether the cat or Department’s performance; (b) the applications are still accepted on a dog is transported as a pet by its owner accuracy of the estimated burden; (c) rolling basis. The ICR continues to be or as part of a commercial shipment ways for the Department to enhance the necessary for the Department to evaluate (e.g., shipped by a breeder); (3) required quality, utility, and clarity of the projects and project sponsors for credit covered carriers to file a calendar-year information collection; and (d) ways program eligibility and creditworthiness report in December, even if the carrier that the burden could be minimized as required by law. did not have any reportable incidents without reducing the quality of the DATES: We must receive your comments during the calendar year; (4) required collected information. on or before July 20, 2018. All comments will become a matter of covered carriers to provide in their ADDRESSES: All comments should December reports the total number of public record. All responses to this notice will be summarized and included reference Federal Docket Management animals that were lost, injured, or died System (FDMS) Docket No. DOT–OST– during air transport in the calendar year; in the request for OMB approval. Authority: The Paperwork Reduction 2018–0044. Interested persons are and (5) required covered carriers to invited to submit written comments on provide in their December reports the Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.27(n). the proposed information collection total number of animals transported in through one of the following methods: the calendar year. On August 25, 2015, Issued in Washington, DC, on May 15, • Federal eRulemaking Portal: http:// OMB approved the information 2018, under the authority delegated at 49 www.regulations.gov. Follow the online CFR 1.27(n). collection request, ‘‘Reports by Air instructions for submitting comments. Carriers on Incidents Involving Animals Blane A. Workie, • Fax: 1–202–493–2251. During Air Transport,’’ through August Assistant General Counsel for Aviation • Mail or Hand Delivery: Docket 31, 2018. Enforcement and Proceedings. Management Facility, U.S. Department In order to reduce burden to covered [FR Doc. 2018–10763 Filed 5–18–18; 8:45 am] of Transportation, 1200 New Jersey carriers, the ACPD established a website BILLING CODE 4910–9X–P Avenue SE, West Building, Room W12– and online system for filing the required 140, Washington, DC 20590, between 9 reports, http://animalreport.ost.dot.gov. a.m. and 5 p.m., Monday through This system enables covered carriers to DEPARTMENT OF TRANSPORTATION Friday, except on Federal holidays. easily and efficiently submit their [Docket No. DOT–OST–2018–0044] FOR FURTHER INFORMATION CONTACT: reports through the internet rather than Jenny Barket at [email protected] or sending the reports to the Department Notice of Proposed Agency (202) 366–9993, or The Build America by mail or email. Information Collection Activities; Bureau via email at BuildAmerica@ Respondents: U.S. carriers that Agency Request To Modify Existing dot.gov or (202) 366–2300. Information Collections: Railroad operate scheduled passenger service SUPPLEMENTARY INFORMATION: Rehabilitation and Improvement with at least one aircraft having a OMB Control Number: 2105–0569. designed seating capacity of more than Financing (RRIF) and Transportation Title: Letter of Interest and 60 seats. Infrastructure Financing and Application Forms for the Railroad Estimated Number of Respondents: Innovation Act (TIFIA) Credit Programs Rehabilitation and Improvement 32. AGENCY: Office of the Secretary, Financing and Transportation Department of Transportation. Infrastructure Financing and Innovation 2 Reports by Air Carriers on Incidents Involving ACTION: Notice and request for Act Credit Programs. Animals During Air Transport, 70 FR 7392 Type of Review: Modification of (February 14, 2005). comments. 3 Reports by Air Carriers on Incidents Involving existing information collections. Animals During Air Transport, 79 FR 37938 (July SUMMARY: In accordance with the Background: The RRIF credit program 3, 2014) (codified at 14 CFR part 235). requirements of the Paperwork has its origins in Title V of the Railroad

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Revitalization and Regulatory Reform activity would retain OMB Control loan, and other information regarding Act of 1976, 45 U.S.C. 821 et seq., which Number 2105–0569 and the RRIF ICR satisfaction of eligibility requirements. authorized the Federal Railroad would be discontinued if the integrated TIFIA and RRIF credit assistance is Administration to provide railroads RRIF/TIFIA ICR is approved. awarded based on a project’s certain financial assistance. This Title V The integrated forms have also been satisfaction of TIFIA and RRIF (as financing program was replaced by the reviewed to ensure that all information applicable) eligibility requirements. RRIF program under section 7203 of the requested is necessary for the Respondents: State and local Transportation Equity Act for the 21st Department to properly perform its governments, transit agencies, Century of 1998, Public Law 105–178 functions in administering its credit government-sponsored authorities, (1998) (TEA 21). RRIF was subsequently programs, updated to reflect the current special authorities, special districts, amended by: The Safe, Accountable, statutory requirements, and reorganized ports, private railroads, and certain Flexible, Efficient Transportation Equity to make the forms easier for applicants other private entities Act: A Legacy for Users, Public Law to use. Because some key statutory Estimated Annual Number of 109–59 (2005) (SAFETEA–LU); the Rail differences exist between the two Respondents: Based on the number and Safety Improvement Act of 2008, programs’ application processes and type of interested stakeholders that have Division A of Public Law 110–432; and eligibility criteria, each of the forms contacted the Department about the the Fixing America’s Surface clearly identifies where an item of RRIF and TIFIA programs in fiscal years Transportation Act (Pub. L. 114–94) information applies only for one of the (FY) 2015–2018, the Department (2015) (FAST Act). All applicants for programs and need not be answered by estimates that it will receive, on an RRIF credit program assistance are applicants of the other program. annual basis, eight (8) RRIF letters of required to submit a completed The TIFIA application process is interest (LOIs), twelve (12) TIFIA LOIs, application. 45 U.S.C. 823(a). The prescribed by 23 U.S.C. 602(a)(1)(A) and eight (8) RRIF applications, and twelve information collection activity request requires submission of an LOI. If the (12) TIFIA applications. for the RRIF credit program application LOI demonstrates a reasonable Estimated Total Annual Burden was most recently approved in 2015 likelihood of satisfying the TIFIA Hours: The Department estimates that it (OMB Control Number 2130–0548). See program’s statutory eligibility will generally take applicants not fewer 80 FR 11518 and 80 FR 27228. requirements, including than twenty (20) person-hours to The Transportation Infrastructure creditworthiness, the Department will assemble a single LOI (for either credit Finance and Innovation Act of 1998 was invite the applicant to submit a formal program) and not fewer than one enacted as part of TEA 21. The TIFIA credit application. Laws governing the hundred (100) person-hours to assemble program was subsequently amended by RRIF credit program do not require that a single application (for either credit SAFETEA–LU, the Moving Ahead for an LOI be submitted prior to a formal program). (Person-hour estimates Progress in the 21st Century Act (Pub. application. Practically, however, since provided for a RRIF application assume L. 112–141) (2012) (MAP–21), and the 45 U.S.C. 822 requires RRIF applicants that the applicant will initially submit FAST Act. All applicants for TIFIA to submit an application demonstrating an LOI, reducing the number of person- credit program assistance are required to compliance with eligibility hours spent on the application.) These submit a completed LOI and requirements, the Bureau encourages estimates are consistent with the application. 23 U.S.C. 602(a)(1)(A). The RRIF applicants to submit an LOI before approved ICR for TIFIA under OMB existing information collection activity submitting an application. The Control Number 2105–0569. Based on request for the TIFIA credit program Department believes that submitting an the anticipated annual total number of letter of interest and application was LOI before submitting an application respondents, the total annual hour most recently approved in 2017 (OMB will significantly increase the likelihood burden of this collection for RRIF LOIs Control Number 2105–0569). See 82 FR that a formal RRIF application will be and applications is 960 and for TIFIA 15101 and 82 FR 25045. substantially complete on the first LOIs and applications is 1,440 hours. The National Surface Transportation submission and reduce the time and Frequency of Collection: This and Innovative Finance Bureau effort of reaching financial close on a information collection will occur on a (referenced hereafter as the Build credit instrument. The Department is rolling basis as interested entities seek America Bureau or the Bureau), authorized to prescribe the form and RRIF or TIFIA credit assistance. established by the Secretary on July 20, contents of the LOI and application. 45 Public Comments Invited: The 2016, in accordance with the FAST Act, U.S.C. 823 and 23 U.S.C. 601(a)(6). The Department invites interested was created to streamline and improve integrated LOI and application can be respondents to comment on a proposed access to the Department’s Federal found on the Bureau’s website at information collection activity credit programs, including RRIF and https://www.transportation.gov/ (summarized below) with respect to: (i) TIFIA. The Bureau was made buildamerica. Whether the information collection responsible for administering the The LOI asks the applicant to activities are necessary for the application processes for the TIFIA and describe, among other things, the project Department to properly execute its RRIF credit programs. To streamline and and its location, purpose and cost; the functions, including whether the conform these application processes, the proposed financial plan, the status of activities will have practical utility; (ii) Bureau has integrated the submission environmental review, and certain the accuracy of the Department’s forms to create a single LOI form and a information regarding satisfaction of estimates of the burden of the single application form that can be used other eligibility requirements under the information collection activities, by applicants of either credit program. applicable credit program. The including the validity of the The integrated forms substantially application serves as the official request methodology and assumptions used to conform to the LOI and application for credit and, therefore, requires the determine the estimates; (iii) ways for forms approved under OMB Control same information required of the LOI, the Department to enhance the quality, Number 2105–0569. The Department plus detailed information about the utility, and clarity of the information seeks OMB approval to integrate the applicant’s legal and management being collected; and (iv) ways for the RRIF ICR into the TIFIA ICR. The structure, its financial health, the Department to minimize the burden of integrated information collection revenue stream pledged to repay the information collection activities on the

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public by automated, electronic, directed to Sara Covington, at Internal through the use of automated collection mechanical, or other technological Revenue Service, Room 6526, 1111 techniques or other forms of information collection techniques or other forms of Constitution Avenue NW, Washington, technology; and (e) estimates of capital information technology (e.g., permitting DC 20224, or at (202) 317–6038, or or start-up costs and costs of operation, electronic submission of responses). See through the internet at maintenance, and purchase of services 44 U.S.C. 3506(c)(2)(A)(I)–(iv); 5 CFR [email protected]. to provide information. 1320.8(d)(1)(i)–(iv). The Department SUPPLEMENTARY INFORMATION: Approved: May 14, 2018. believes that soliciting public comment Title: Amortization of Intangible Laurie Brimmer, will promote its efforts to reduce the Property. Senior Tax Analyst. administrative and paperwork burdens OMB Number: 1545–1671. [FR Doc. 2018–10741 Filed 5–18–18; 8:45 am] associated with the collection of Regulation Project Number: REG– BILLING CODE 4830–01–P information mandated by Federal 209709–94 (TD 8865). regulations. In summary, the Abstract: These regulations apply to Department reasons that comments property acquired after January 25, DEPARTMENT OF THE TREASURY received will advance three objectives: 2000. Regulations to implement section (i) Reduce reporting burdens; (ii) ensure 197(e)(4)(D) are applicable August 11, Internal Revenue Service that it organizes information collection 1993, for property acquired after August requirements in a ‘‘user friendly’’ format 10, 1993 (or July 26, 1991, for property Proposed Collection; Comment to improve the use of such information; acquired after July 25, 1991, if a valid Request for Regulation Project and (iii) accurately assess the resources retroactive election has been made AGENCY: Internal Revenue Service (IRS), expended to retrieve and produce under § 1.197–1). Treasury. information requested. See 44 U.S.C. Current Actions: There are no change 3501. being made to the regulation at this ACTION: Notice and request for Authority: The Paperwork Reduction time. comments. Act of 1995; 44 U.S.C. Chapter 35, as Type of Review: Extension of a amended; and 49 CFR 1.48. SUMMARY: The Internal Revenue Service, currently approved collection. as part of its continuing effort to reduce Issued in Washington, DC, on May 7, 2018. Affected Public: Business or other for- paperwork and respondent burden, Habib Azarsina, profit organizations. invites the general public and other Privacy and PRA Clearance Officer, Office Estimated Number of Respondents: Federal agencies to take this of the Secretary. 500. opportunity to comment on proposed [FR Doc. 2018–10033 Filed 5–17–18; 11:15 am] Estimated Time per Respondent: 3 and/or continuing information hours. BILLING CODE 4910–22–P collections, as required by the Estimated Total Annual Burden Paperwork Reduction Act of 1995. The Hours: 1,500. IRS is soliciting comments concerning DEPARTMENT OF THE TREASURY The following paragraph applies to all Form 8928, Return of Certain Excise of the collections of information covered Taxes Under Chapter 43 of the Internal Internal Revenue Service by this notice: Revenue Code and information An agency may not conduct or collection requirements related to Proposed Collection; Comment sponsor, and a person is not required to employer comparable contributions of Request for Regulation Project respond to, a collection of information HSAs and requirement for filing excise unless the collection of information AGENCY: Internal Revenue Service (IRS), tax under section 4980B, 4980D, 4980E displays a valid OMB control number. & 4980G. Treasury. Books or records relating to a DATES: Written comments should be ACTION: Notice and request for collection of information must be received on or before July 20, 2018 to be comments. retained as long as their contents may assured of consideration. SUMMARY: The Internal Revenue Service, become material in the administration of any internal revenue law. Generally, ADDRESSES: Direct all written comments as part of its continuing effort to reduce to Laurie Brimmer, Internal Revenue paperwork and respondent burden, tax returns and tax return information are confidential, as required by 26 Service, Room 6526, 1111 Constitution invites the general public and other Avenue NW, Washington, DC 20224. Federal agencies to take this U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: : opportunity to comment on information Request for Comments: Comments Requests for additional information or collections, as required by the submitted in response to this notice will copies of this regulation should be Paperwork Reduction Act of 1995. The be summarized and/or included in the directed to Sara Covington, at Internal IRS is soliciting comments concerning request for OMB approval. All Revenue Service, Room 6525, 1111 information collection requirements comments will become a matter of Constitution Avenue NW, Washington, related to amortization of intangible public record. Comments are invited on: DC 20224, or at (202)317–6038 or property. (a) Whether the collection of information is necessary for the proper through the internet at DATES: Written comments should be performance of the functions of the [email protected]. received on or before July 20, 2018 to be agency, including whether the SUPPLEMENTARY INFORMATION: assured of consideration. information shall have practical utility; Title: Form 8928—Return of Certain ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate Excise Taxes Under Chapter 43 of the to Laurie Brimmer, Internal Revenue of the burden of the collection of Internal Revenue Code & TD 9457— Service, Room 6526, 1111 Constitution information; (c) ways to enhance the Employer Comparable Contributions to Avenue NW, Washington, DC 20224. quality, utility, and clarity of the HSAs and requirement of Return for FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to filing excise taxes under sections Requests for additional information or minimize the burden of the collection of 4980B,4980D,4980E and4980G. copies of the regulation should be information on respondents, including OMB Number: 1545–2146.

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Form Number: 8928. Approved: May 14, 2018. Affected Public: Business or other for- Regulation Project Number: REG– Laurie Brimmer, profit organizations. 120476–07 (TD 9457). Senior Tax Analyst. Estimated Number of Respondents: 20,000. Abstract: Form 8928 is used by [FR Doc. 2018–10737 Filed 5–18–18; 8:45 am] Estimated Time per Respondent: 1 employers, group health plans HMOs, BILLING CODE 4830–01–P hour, 12 min. and third party administrators to report Estimated Total Annual Burden and pay excise taxes due for failures DEPARTMENT OF THE TREASURY Hours: 24,000. under sections 4980B, 4980D, The following paragraph applies to all 4980E,and 4980G. The information Internal Revenue Service of the collections of information covered results from the requirement form TD by this notice: 9457 to file a return for the payment of Proposed Collection; Comment An agency may not conduct or the excise taxes under sections 4980B, Request for Regulation Project sponsor, and a person is not required to 4980D, 4980E, and 4980G of the code. respond to, a collection of information Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), unless the collection of information being made to the form or this existing Treasury. displays a valid OMB control number. regulation at this time. ACTION: Notice and request for Books or records relating to a collection Type of Review: Extension of a comments. of information must be retained as long currently approved collection. as their contents may become material SUMMARY: The Internal Revenue Service, Affected Public: Business or other for- in the administration of any internal as part of its continuing effort to reduce revenue law. Generally, tax returns and profit organizations, not-for-profit paperwork and respondent burden, organizations, and individuals. tax return information are confidential, invites the general public and other as required by 26 U.S.C. 6103. Estimated Number of Respondents: Federal agencies to take this Request for Comments: Comments 100. opportunity to comment on proposed submitted in response to this notice will Estimated Time per Respondent: and/or continuing information be summarized and/or included in the 23.48 hours. collections, as required by the request for OMB approval. All Estimated Total Annual Burden Paperwork Reduction Act of 1995. comments will become a matter of Hours: 2,348. Currently, the IRS is soliciting public record. Comments are invited on: comments concerning preparer The following paragraph applies to all (a) Whether the collection of penalties-manual signature requirement. of the collections of information covered information is necessary for the proper by this notice: DATES: Written comments should be performance of the functions of the received on or before July 20, 2018 to be An agency may not conduct or agency, including whether the assured of consideration. sponsor, and a person is not required to information shall have practical utility; respond to, a collection of information ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate unless the collection of information to Laurie Brimmer, Internal Revenue of the burden of the collection of displays a valid OMB control number. Service, Room 6526, 1111 Constitution information; (c) ways to enhance the Books or records relating to a collection Avenue NW, Washington, DC 20224. quality, utility, and clarity of the of information must be retained as long FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to as their contents may become material Requests for additional information or minimize the burden of the collection of in the administration of any internal copies of the regulation should be information on respondents, including revenue law. Generally, tax returns and directed to Sara Covington, at Internal through the use of automated collection tax return information are confidential, Revenue Service, Room 6526, 1111 techniques or other forms of information as required by 26 U.S.C. 6103. Constitution Avenue NW, Washington, technology; and (e) estimates of capital or start-up costs and costs of operation, Request for Comments: Comments DC 20224, or at (202) 317–6038 or maintenance, and purchase of services submitted in response to this notice will through the internet, at to provide information. be summarized and/or included in the [email protected]. request for OMB approval. All SUPPLEMENTARY INFORMATION: Approved: May 14, 2018. comments will become a matter of Title: Preparer Penalties-Manual Laurie Brimmer, public record. Comments are invited on: Signature Requirement. Senior Tax Analyst. (a) Whether the collection of OMB Number: 1545–1385. [FR Doc. 2018–10738 Filed 5–18–18; 8:45 am] information is necessary for the proper Regulation Project Numbers: TD 8549. BILLING CODE 4830–01–P performance of the functions of the Abstract: This regulation provides agency, including whether the that persons who prepare U.S. Fiduciary information shall have practical utility; income tax returns for compensation DEPARTMENT OF THE TREASURY (b) the accuracy of the agency’s estimate may, under certain conditions, satisfy of the burden of the collection of the manual signature requirements by Internal Revenue Service information; (c) ways to enhance the using a facsimile signature. However, quality, utility, and clarity of the they will be required to submit to the Low Income Taxpayer Clinic Grant information to be collected; (d) ways to IRS a list of the names and identifying Program; Availability of 2019 Grant minimize the burden of the collection of numbers of all fiduciary returns which Application Package information on respondents, including are being filed with a facsimile AGENCY: Internal Revenue Service (IRS), through the use of automated collection signature. Treasury. techniques or other forms of information Current Actions: There are no changes ACTION: Notice. technology; and (e) estimates of capital being made to this existing regulation at or start-up costs and costs of operation, this time. SUMMARY: This document contains a maintenance, and purchase of services Type of Review: Extension of a notice that the IRS has made available to provide information. currently approved collection. the 2019 Grant Application Package and

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Guidelines (Publication 3319) for award; and (8) alternative funding the clinic have incomes that do not organizations interested in applying for sources available to the organization, exceed 250 percent of the federal a Low Income Taxpayer Clinic (LITC) including amounts received from other poverty level. In addition, the amount in matching grant for the 2019 grant year, grants and contributors and the controversy for the tax year to which the which runs from January 1, 2019, endowment and resources of the controversy relates generally cannot through December 31, 2019. The institution sponsoring the organization. exceed the amount specified in IRC application period runs from May 16, DATES: The IRS is authorized to award section 7463 (currently $50,000) for 2018, through June 27, 2018. Pursuant multi-year grants not to exceed three eligibility for special small tax case to Internal Revenue Code (IRC) section years. For an organization not currently procedures in the United States Tax 7526, the IRS will annually award up to receiving a grant for 2018 or an Court. The IRS may award grants to $6,000,000 (unless otherwise provided organization whose multi-year grant qualified organizations to fund one-year, by specific Congressional appropriation) ends in 2018, the organization must two-year, or three-year project periods. to qualifying organizations, subject to submit its application electronically at Grant funds may be awarded for start- the limitations set forth in the statute. www.grants.gov. For an organization up expenditures incurred by new clinics For fiscal year 2018, Congress currently receiving a grant for 2018 that during the grant year. appropriated a total of $12,000,000 in is requesting funding for the second or Mission Statement federal funds for LITC grants. See Public third year of a multi-year grant, the Law 115–141. organization must submit the funding Low Income Taxpayer Clinics ensure A qualifying organization may receive request electronically at the fairness and integrity of the tax a matching grant of up to $100,000 per www.grantsolutions.gov. All system for taxpayers who are low year for up to a three-year project organizations must use the funding income or speak English as a second period. Qualifying organizations that number of TREAS–GRANTS–052019– language by providing pro bono provide representation to low income 001, and applications and funding representation on their behalf in tax taxpayers involved in a tax controversy requests for the 2018 grant year must be disputes with the IRS, by educating with the IRS and educate individuals for filed electronically by 11:59 p.m. them about their rights and whom English is a second language (Eastern Daylight Time) on June 27, responsibilities as taxpayers, and by (ESL) about their rights and 2018. The Catalog of Federal Domestic identifying and advocating for issues responsibilities under the IRC are Assistance program number is 21.008. that impact low income taxpayers. eligible for a grant. An LITC must See www.cfda.gov. provide services for free or for no more Selection Consideration than a nominal fee. Examples of FOR FURTHER INFORMATION CONTACT: The Applications that pass the eligibility qualifying organizations include (1) a LITC Program Office at (202) 317–4700 screening process will undergo a clinical program at an accredited law, (not a toll-free number) or by email at Technical Evaluation and must receive business, or accounting school whose [email protected]. The LITC a minimum score to be considered students represent low income Program Office is located at: IRS, further. taxpayers in tax controversies with the Taxpayer Advocate Service, LITC Grant Applications achieving the minimum IRS and (2) an organization exempt from Program Administration Office, TA: score will be subject to a Program Office tax under IRS section 501(a) whose LITC, 1111 Constitution Avenue NW, evaluation. The final funding decision is employees and volunteers represent low Room 1034, Washington, DC 20224. made by the National Taxpayer income taxpayers in controversies with Copies of the 2019 Grant Application Advocate, unless recused. The costs of the IRS and may also make referrals to Package and Guidelines, IRS preparing and submitting an application qualified volunteers to provide Publication 3319 (Rev. 5–2018), can be (or a request for continued funding) are representation. downloaded from the IRS internet site at the responsibility of each applicant. In determining whether to award a www.irs.gov/advocate or ordered by Applications and requests for grant, the IRS will consider a variety of calling the IRS Distribution Center toll- continued funding may be released in factors, including: (1) The number of free at 1–800–829–3676. response to Freedom of Information Act taxpayers who will be assisted by the SUPPLEMENTARY INFORMATION: requests. Therefore, applicants must not organization, including the number of include any individual taxpayer Background ESL taxpayers in that geographic area; information. (2) the existence of other LITCs assisting Section 7526 of the IRC authorizes the Each application and request for the same population of low income and IRS, subject to the availability of continued funding will be given due ESL taxpayers; (3) the quality of the appropriated funds, to award qualified consideration and the LITC Program program offered by the organization, organizations matching grants of up to Office will notify each applicant once including the qualifications of its $100,000 per year for the development, funding decisions have been made. administrators and qualified expansion, or continuation of low representatives, and its record, if any, in income taxpayer clinics. A qualified Nina E. Olson, providing representation services to low organization is one that represents low National Taxpayer Advocate. income taxpayers; (4) the quality of the income taxpayers in controversies with [FR Doc. 2018–10742 Filed 5–18–18; 8:45 am] application, including the the IRS and informs individuals for BILLING CODE 4830–01–P reasonableness of the proposed budget; whom English is a second language of (5) the organization’s compliance with their taxpayer rights and all federal tax obligations (filing and responsibilities, and does not charge U.S.-CHINA ECONOMIC AND payment); (6) the organization’s more than a nominal fee for its services SECURITY REVIEW COMMISSION compliance with all federal nontax (except for reimbursement of actual monetary obligations (filing and costs incurred). Notice of Open Public Hearing payment); (7) whether debarment of A clinic will be treated as AGENCY: U.S.-China Economic and suspension (31 CFR part 19) applies or representing low income taxpayers in Security Review Commission. whether the organization is otherwise controversies with the IRS if at least 90 ACTION: Notice of open public hearing. excluded from or ineligible for a federal percent of the taxpayers represented by

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SUMMARY: Notice is hereby given of the 108–7), as amended by Public Law 109–108 Abstract: The Federal Register Notice following hearing of the U.S.-China (November 22, 2005), as amended by Public with a 60-day comment period soliciting Economic and Security Review Law 113–291 (December 19, 2014). comments on this collection of Commission. Dated: May 16, 2018. information was published on Tuesday, The Commission is mandated by Kathleen Wilson, February 13, 2018, Vol. 83, No. 30, page Congress to investigate, assess, and Finance and Operations Director, U.S.-China 6311. report to Congress annually on ‘‘the Economic and Security Review Commission. Affected Public: Individuals and national security implications of the [FR Doc. 2018–10760 Filed 5–18–18; 8:45 am] Households. economic relationship between the BILLING CODE 1137–00–P Estimated Annual Burden: 57,009 United States and the People’s Republic hours. of China.’’ Pursuant to this mandate, the Estimated Average Burden per Respondent: 15 minutes (electronic); 20 Commission will hold a public hearing DEPARTMENT OF VETERANS minutes (paper). in Washington, DC on June 8, 2018 on AFFAIRS ‘‘U.S. Tools to Address Chinese Market Frequency of Response: Once Distortions.’’ [OMB Control No. 2900–0156] Annually. DATES: The hearing is scheduled for Estimated Number of Respondents: Friday, June 8, 2018 from 9:00 a.m. to Agency Information Collection 184,894. Activity: Notice of Change in Student 1:00 p.m. By direction of the Secretary. Status ADDRESSES: TBD, Washington, DC. A Cynthia D. Harvey-Pryor, detailed agenda for the hearing will be AGENCY: Veterans Benefits Department Clearance Officer, Office of posted on the Commission’s website at Administration, Department of Veterans Quality, Privacy and Risk, Department of www.uscc.gov. Also, please check the Affairs. Veterans Affairs. Commission’s website for possible ACTION: Notice. [FR Doc. 2018–10739 Filed 5–18–18; 8:45 am] changes to the hearing schedule. BILLING CODE 8320–01–P Reservations are not required to attend SUMMARY: In compliance with the the hearing. Paperwork Reduction Act (PRA) of FOR FURTHER INFORMATION CONTACT: Any 1995, this notice announces that the DEPARTMENT OF VETERANS member of the public seeking further Veterans Benefits Administration AFFAIRS information concerning the hearing (VBA), Department of Veterans Affairs, [OMB Control No. 2900–0353] should contact Leslie Tisdale, 444 North will submit the collection of Capitol Street NW, Suite 602, information abstracted below to the Agency Information Collection Washington DC 20001; telephone: 202– Office of Management and Budget Activity: Certification of Lessons 624–1496, or via email at ltisdale@ (OMB) for review and comment. The Completed uscc.gov. Reservations are not required PRA submission describes the nature of to attend the hearing. the information collection and its AGENCY: Veterans Benefits Administration Department of Veterans SUPPLEMENTARY INFORMATION: expected cost and burden; it includes Background: This is the sixth public the actual data collection instrument. Affairs. hearing the Commission will hold DATES: Comments must be submitted on ACTION: Notice. during its 2018 report cycle. This or before June 20, 2018. SUMMARY: Veterans Benefits hearing is intended to explore U.S. ADDRESSES: Submit written comments Administration, Department of Veterans policy options available to address on the collection of information through Affairs (VA), is announcing an Chinese market distortions. The first www.Regulations.gov, or to Office of opportunity for public comment on the panel, ‘‘A Coordinated Policy Response Information and Regulatory Affairs, proposed collection of certain to Chinese State Capitalism,’’ will Office of Management and Budget, Attn: information by the agency. Under the address industrial policy challenges like VA Desk Officer; 725 17th St. NW, Paperwork Reduction Act (PRA) of overcapacity, price distortions, and Washington, DC 20503 or sent through 1995, Federal agencies are required to local content requirements. The second _ electronic mail to oira submission@ publish notice in the Federal Register panel, ‘‘A Coordinated Policy Response omb.eop.gov. Please refer to ‘‘OMB concerning each proposed collection of to China’s Techno-nationalism,’’ will Control No. 2900–0156 in any information, including each proposed focus on challenges from China’s push correspondence. extension of a currently approved to develop domestic-led intellectual collection, and allow 60 days for public property, including technology transfer, FOR FURTHER INFORMATION CONTACT: comment in response to the notice. IP and data theft, and restrictions on Cynthia Harvey-Pryor, Department cross-border data flows. The hearing Clearance Officer—OI&T (005R1B), DATES: Written comments and will be co-chaired by Commissioner Department of Veterans Affairs, 810 recommendations on the proposed Glenn Hubbard and Commissioner Vermont Avenue NW, Washington, DC collection of information should be Jonathan Stivers. Any interested party 20420, (202) 461–5870 or email received on or before July 20, 2018. may file a written statement by June 8, [email protected]. Please ADDRESSES: Submit written comments 2018, by mailing to the contact above. refer to ‘‘OMB Control No. 2900–0156.’’ on the collection of information through A portion of each panel will include a SUPPLEMENTARY INFORMATION: Federal Docket Management System question and answer period between the Authority: 44 U.S.C. 3501–3521; 38 (FDMS) at www.Regulations.gov or to Commissioners and the witnesses. U.S.C. 3020. Nancy J. Kessinger Veterans Benefits Title: Notice of Change in Student Administration (20M33), Department of Authority: Congress created the U.S.- China Economic and Security Review Status (VA Form 22–1999b). Veterans Affairs, 810 Vermont Avenue Commission in 2000 in the National Defense OMB Control Number: 2900–0156. NW, Washington, DC 20420 or email to Authorization Act (Public Law 106–398), as Type of Review: Reinstatement with [email protected]. Please refer to amended by Division P of the Consolidated change of previously approved ‘‘OMB Control No. 2900–0353’’ in any Appropriations Resolution, 2003 (Public Law collection. correspondence. During the comment

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period, comments may be viewed online By direction of the Secretary. Management and support services for through FDMS. Cynthia D. Harvey-Pryor, the Committee are provided by the FOR FURTHER INFORMATION CONTACT: Department Clearance Officer, Office of Center for Minority Veterans (CMV). Quality, Privacy and Risk, Department of Authority:The Committee was Cynthia Harvey-Pryor at (202) 461– Veterans Affairs. established in accordance with 38 5870. [FR Doc. 2018–10740 Filed 5–18–18; 8:45 am] U.S.C. 544 (Pub. L. 103–446, Sec 510). SUPPLEMENTARY INFORMATION: BILLING CODE 8320–01–P In accordance with 38 U.S.C. 544, the Under the PRA of 1995, Federal Committee advises the Secretary on the agencies must obtain approval from the administration of VA benefits and Office of Management and Budget DEPARTMENT OF VETERANS services to minority Veterans; assesses (OMB) for each collection of AFFAIRS the needs of minority Veterans with respect to such benefits; and evaluates information they conduct or sponsor. Solicitation of Nominations for This request for comment is being made whether VA compensation, medical and Appointment to the Advisory rehabilitation services, outreach, and pursuant to Section 3506(c)(2)(A) of the Committee on Minority Veterans PRA. other programs are meeting those needs. With respect to the following ACTION: Notice. The Committee makes collection of information, VBA invites recommendations to the Secretary SUMMARY: comments on: (1) Whether the proposed The Department of Veterans regarding such activities. Nominations collection of information is necessary Affairs (VA), Center for Minority of qualified candidates are being sought for the proper performance of VBA’s Veterans (CMV), is seeking nominations to fill upcoming vacancies on the of qualified candidates to be considered functions, including whether the Committee. for appointment as a member of the Membership Criteria: CMV is information will have practical utility; Advisory Committee on Minority requesting nominations for upcoming (2) the accuracy of VBA’s estimate of the Veterans (‘‘the Committee’’). vacancies on the Committee. The burden of the proposed collection of Committee is currently composed of 12 information; (3) ways to enhance the DATES: Nominations for membership on members, in addition to ex-officio quality, utility, and clarity of the the Committee must be received no later members. As required by statute, the information to be collected; and (4) than 5:00 p.m. EST on June 1, 2018. members of the Committee are ways to minimize the burden of the ADDRESSES: All nominations should be appointed by the Secretary from the collection of information on mailed to the Center for Minority general public, including: respondents, including through the use Veterans, Department of Veterans Affairs, 810 Vermont Ave. NW (00M), (1) Representatives of Veterans who of automated collection techniques or are minority group members; the use of other forms of information Washington, DC 20420 or faxed to (202) 273–7092. (2) Individuals who are recognized technology. authorities in fields pertinent to the FOR FURTHER INFORMATION CONTACT: Ms. Authority: 38 U.S.C. 3032(d), 3034, needs of Veterans who are minority Juanita J. Mullen and Mr. Dwayne 3241, 3323, 3474, 3481, 3484, 3534(b), group members; Campbell, Center for Minority Veterans, 3680(b), 3684, 3686(a), and 10 U.S.C (3) Veterans who are minority group Department of Veterans Affairs, 810 16131(e), 16136(b), chapter 31, section members and who have experience in a Vermont Ave. NW (00M), Washington, 510 and chapter 1607; 38 CFR military theater of operations; 21.4203(e), 21.4206, 21.5200(d) & (g), DC 20420, Telephone (202) 461–6191. A (4) Veterans who are minority group 21.7140(c)(3), 21.7159, 21.7640(a)(4), copy of the Committee charter and list members and who do not have such 21.7659, and 21.9720. of the current membership can be experience and; obtained by contacting Ms. Mullen or by Title: Certification of Lessons (5) Women Veterans who are minority accessing the website managed by CMV Completed VA Form 22–6553(b)/(b–1). group members recently separated from at www.va.gov/ OMB Control Number: 2900–0353. _ active military service. centerforminorityveterans/Advisory Section 544 defines ‘‘minority group Type of Review: Extension of a Committee.asp. member’’ as an individual who is Asian currently approved collection. SUPPLEMENTARY INFORMATION: In American, Black, Hispanic, Native Abstract: VA uses information from carrying out the duties set forth, the American (including American Indian, the current collection to determine the Committee responsibilities include, but Alaska Native, and Native Hawaiian); or number of lessons completed by the are not limited to: Pacific-Islander American. student and serviced by the (1) Advising the Secretary and In accordance with Sec. 544, the correspondence school and to determine Congress on VA’s administration of Secretary determines the number, terms the date of completion or termination of benefits and provisions of healthcare, of service, and pay and allowances of correspondence training. VA pays benefits, and services to minority members of the Committee appointed by education benefits based on the Veterans. the Secretary, except that a term of information furnished on the form. (2) Providing an Annual report to service of any such member may not Without this information, VA would be congress outlining recommendations, exceed three years. The Secretary may unable to determine the proper payment concerns and observations on VA’s reappoint any member for additional or the student’s training status. delivery of services to minority terms of service. Affected Public: Individuals and Veterans. Professional Qualifications: In households. (3) Meeting with VA officials, Veteran addition to the criteria above, VA Estimated Annual Burden: 110 hours. Service Organizations, and other seeks— stakeholders to assess the Department’s (1) Diversity in professional and Estimated Average Burden per efforts in providing benefits and personal qualifications; Respondent: 10 minutes. outreach to minority Veterans. (2) Experience in military service and Frequency of Response: On occasion. (4) Making periodic site visits and military deployments (please identify Estimated Number of Respondents: holding town hall meetings with Branch of Service and Rank); 224. Veterans to address their concerns. (3) Current work with Veterans;

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(4) Committee subject matter experience and qualification relative to Committee shall be made without expertise; the professional qualifications criteria discrimination because of a person’s (5) Experience working in large and listed above. race, color, religion, sex (including complex organizations; Individuals selected for appointment gender identity, transgender status, Requirements for Nomination to the Committee shall be invited to sexual orientation, and pregnancy), Submission: Nominations should be serve a two-year term. Committee national origin, age, disability, or type written (one nomination per members will receive a stipend for genetic information. Nominations must nominator). Nomination package should attending Committee meetings, state that the nominee is willing to serve include: (1) A letter of nomination that including per diem and reimbursement as a member of the Committee and clearly states the name and affiliation of for travel expenses incurred. the nominee, the basis for the The Department makes every effort to appears to have no conflict of interest nomination (i.e. specific attributes ensure that the membership of its that would preclude membership. An which qualify the nominee for service in Federal advisory committees is fairly ethics review is conducted for each this capacity), and a statement from the balanced in terms of points of view selected nominee. nominee indicating a willingness to represented and the committee’s Dated: May 16, 2018. serve as a member of the Committee; (2) function. Every effort is made to ensure Jelessa M. Burney, the nominee’s contact information, that a broad representation of Federal Advisory Committee Management including name, mailing address, geographic areas, males & females, racial Officer. telephone numbers, and email address; and ethnic minority groups, and the (3) the nominee’s curriculum vitae, and disabled are given consideration for [FR Doc. 2018–10758 Filed 5–18–18; 8:45 am] (4) a summary of the nominee’s membership. Appointment to this BILLING CODE 8320–01–P

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Part II

Department of Labor

Occupational Safety and Health Administration 29 CFR Part 1926 Cranes and Derricks in Construction: Operator Qualification; Proposed Rule

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DEPARTMENT OF LABOR this rulemaking. After accessing the Construction: Operator Qualification), docket (OSHA–2007–0066), check the and the docket number (OSHA–2007– Occupational Safety and Health ‘‘proposed rule’’ box in the column 0066). Absent copyright protections or Administration headed ‘‘Document Type,’’ find the other restrictions, OSHA will place document posted on the date of comments and other material, including 29 CFR Part 1926 publication of this document, and click any personal information, in the public [Docket ID–OSHA–2007–0066] the ‘‘Submit a Comment’’ link. docket without revision, and the Additional instructions for submitting comments and other material will be RIN 1218–AC96 comments are available on the http:// available online at http:// www.regulations.gov homepage. www.regulations.gov. Therefore, Cranes and Derricks in Construction: Facsimile: OSHA allows facsimile commenters should not submit Operator Qualification transmission of comments that are ten statements they do not want made AGENCY: Occupational Safety and Health pages or fewer in length (including available to the public, or submit Administration (OSHA), Labor. attachments). Fax these documents to comments that contain personal the OSHA Docket Office at (202) 693– ACTION: Notice of proposed rulemaking. information (either about themselves or 1648. OSHA does not require others) such as Social Security numbers, SUMMARY: OSHA proposes to update its submission of hard copies of these birth dates, and medical data. standard for cranes and derricks in documents. For additional attachments Docket: To read or download construction by permanently extending that supplement comments submitted comments or other material in the and clarifying each employer’s duty to by facsimile (e.g., studies, journal electronic docket, go to http:// ensure the competency of crane articles), commenters must submit these www.regulations.gov or to the OSHA operators through required training, attachments to the OSHA Docket Office, Docket Office at the above address. certification or licensing, and Technical Data Center, Room N–3653, Some information submitted (e.g., evaluation. OSHA is also proposing to OSHA, U.S. Department of Labor, 200 copyrighted material) is not available remove an existing provision that Constitution Ave. NW, Washington, DC publicly to read or download through requires different levels of certification 20210. These attachments must clearly this website. All submissions, including based on rated lifting capacity of identify the sender’s name, the date, copyrighted material, are available for equipment. This proposal would clarify subject, and the docket number (OSHA– inspection at the OSHA Docket Office. that while testing organizations are not 2007–0066). Contact the OSHA Docket Office for required to issue certifications Regular mail, express delivery, hand assistance in locating docket distinguished by rated capacities, they delivery, and messenger (courier) submissions. are permitted to do so. Finally, it would service: Submit comments and any additional material to the OSHA Docket FOR FURTHER INFORMATION CONTACT: establish minimum requirements for Office, RIN No. 1218–AC86, Technical General information and press determining operator competency. Data Center, Room N–3653, OSHA, U.S. inquiries: Mr. Frank Meilinger, OSHA OSHA believes that this proposal would Department of Labor, 200 Constitution Office of Communications; telephone: maintain safety and health protections Ave. NW, Washington, DC 20210; (202) 693–1999; email: for workers while reducing employers’ telephone: (202) 693–2350, TTY [email protected]. compliance burdens. number: (877) 889–5627. Contact the Technical inquiries: Mr. Vernon DATES: OSHA Docket Office for information Preston, Directorate of Construction; Comments: Submit comments to this about security procedures concerning telephone: (202) 693–2020; fax: (202) proposed rule, including comments to delivery of materials by express 693–1689; email: preston.vernon@ the information collection requirements delivery, hand delivery, and messenger dol.gov. Federal Register (described under the section titled service. The Docket Office will accept Copies of this ‘‘Agency Determinations’’), hearing deliveries (express delivery, hand notice and news releases: Electronic requests, and other information by June delivery, messenger service) during the copies of these documents are available 20, 2018. All submissions must bear a Docket Office’s normal business hours, at OSHA’s web page at http:// postmark or provide other evidence of 10:00 a.m. to 3:00 p.m., ET. www.osha.gov. the date submitted. Information Collection Requirements: SUPPLEMENTARY INFORMATION: Informal public hearing: A hearing OSHA welcomes comments on the Table of Contents can be requested by following the information collection requirements procedures listed under ADDRESSES. If a contained in this rule on the same basis I. Executive Summary hearing is requested, OSHA will as for any other aspect of the rule. II. Background announce the hearing on its website, Interested parties may also submit A. Operator Competency Requirements www.osha.gov, and publish a hearing comments about the information B. Operator Certification Requirement notice in the Federal Register. C. Certification by Crane Rated Lifting collection requirements directly to the Capacity ADDRESSES: Submit comments, hearing Office of Information and Regulatory D. Post-Rulemaking Concerns requests, and other material, identified Affairs, Attn: OMB Desk Officer for E. Extending the Effective Dates for the by Docket No. OSHA–2007–0066, using DOL–OSHA (RIN 1218–AC96), Office of Employer Duty and Certification any of the following methods: Management and Budget, Room 10235, F. Discussions With the Construction Electronically: Submit comments and 725 17th Street NW, Washington, DC Industry Stakeholders attachments, as well as hearing requests 20503, Fax: (202) 395–6881 (this is not G. Consulting ACCSH—Draft Proposal for and other information, electronically at a toll-free number), email: OIRA_ Crane Operator Requirements http://www.regulations.gov, the Federal H. National Consensus Standards [email protected]. See I. The Need for a Rule e-Rulemaking Portal. This docket may Paperwork Reduction Act section of this J. Significant Risk include several Federal Register notices preamble for particular areas of interest. III. Summary and Explanation of the for active rulemakings; therefore it is Instructions: All submissions must Proposed Amendments to Subpart CC necessary to select the correct notice, or include the Agency’s name, the title of IV. Agency Determinations its ID number, to submit comments for the rulemaking (Cranes and Derricks in A. Legal Authority

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B. Preliminary Economic Analysis and total annual cost of compliance is OSHA Docket Office. The term ‘‘ID’’ Regulatory Flexibility Analysis $1,583,169. refers to the column labeled ‘‘ID’’ under C. Paperwork Reduction Act OSHA also expects some cost savings Docket No. OSHA–2007–0066 on http:// D. Federalism from the proposed rule. In particular, www.regulations.gov. This column lists E. State-Plan States F. Unfunded Mandates Reform Act OSHA estimates a large one-time cost individual records in the docket. This G. Consultation and Coordination With savings of $25,560,840 from dropping notice will identify each of these Indian Tribal Governments the requirement that crane operators be records only by the last three digits of H. Executive Order 13771: Reducing certified by capacity because that the record, such as ‘‘ID–0032’’ for Regulation and Controlling Regulatory change would eliminate the need for a OSHA–2007–0066–0032. Identification Costs very large number of operators to get an of records from dockets other than I. Executive Summary additional certification. OSHA also records in OSHA–2007–0066 will be by estimates that a small number of their full ID number. In addition, the OSHA proposes to amend 29 CFR ongoing annual certifications due to an transcript for the public hearing OSHA 1926 subpart CC to revise sections that operator moving to a higher capacity held on May 19, 2014, for the address crane operator training, crane would also no longer be needed, rulemaking that extended the 1 certification/licensing, and producing an additional annual cost certification deadline by three years, are competency. The purposes of these savings of $414,172. These various identified by the docket under Docket amendments are to: Require elements lead, at a 3 percent discount No. OSHA–2007–0066–0521. To aid comprehensive training of operators; rate over 10 years, to net annual cost readers in locating citations to the remove certification by capacity from savings of $1,827,513. At a discount rate transcripts, this notice refers to these certification requirements; clarify and of 7 percent there are annual cost citations using the abbreviation ‘‘Tr.’’ permanently extend the employer duty savings of $2,468,595. and the corresponding page numbers to evaluate potential operators for their The Agency has preliminarily (e.g., ID–0521, Tr. pp. 10–15). ability to safely operate equipment concluded that, on average, the impact covered by subpart CC; and require of costs on employers would be low, A. Operator Competency Requirements documentation of that evaluation. because most employers are currently OSHA promulgated a new standard This proposed rule is based on providing some degree of operator for cranes and derricks in construction, extensive feedback received from the training and performing operator referred to in the Background section as construction industry, which can be competency evaluations to comply with the ‘‘new cranes standard,’’ on found in the docket, who informed existing 29 CFR 1926.1427(k), and were November 10, 2010 (75 FR 47905). It OSHA that merely ensuring crane previously doing so to comply with was based on a proposal drafted as the operators are certified does not verify §§ 1926.550, 1926.20(b)(4), and result of negotiated rulemaking and that certified operators have sufficient 1926.21(b)(2). Employers who currently issued on October 9, 2008 (73 FR crane knowledge and operating skills to provide insufficient training would 59714). Under the new cranes standard, safely perform crane operations at incur new costs to comply. Although except for employees of the U.S. construction sites. OSHA heard OSHA anticipates that a few employers military and the operation of some testimony and collected other evidence might incur significant new costs, the specified equipment, employers were that indicates an employer’s evaluation Agency has preliminarily concluded required to allow only certified of a crane operator’s experience and that, for purposes of the Regulatory operators to operate equipment after competency is essential to ensuring the Flexibility Act, the proposed rule would November 10, 2014.2 In lieu of safe operation of cranes on construction not have a significant economic impact certification, the rule also allowed sites. Similarly, this evidence confirmed on a substantial number of small operators to operate cranes if licensed that employers must continue to entities. by state or local governments whose provide operators with comprehensive The Agency has preliminarily programs met certain minimum training, which supplements the kind of determined that the proposal is requirements. training needed to obtain certification. technologically feasible because many The new cranes standard included a OSHA’s preliminary economic impact employers already comply with all the four-year, phased-in effective date for analysis determined that the most provisions of the proposed rule and the the certification requirements. That significant costs of the proposal are proposed rule would not require any phase-in period was intended to provide associated with the requirements to new technology. In addition, since the time for existing accredited testing perform the operator competency vast majority of employers already organizations to develop programs that evaluation, document the evaluations, invest the resources necessary to complied with the requirements; for and provide any additional training comply with the provisions of the operators and employers to prepare for needed by operators. OSHA estimates proposed standard, the Agency certification testing; and for more testing employers impacted by this proposed preliminarily concludes that the organizations to become accredited to rule employ approximately 117,130 proposed standard is economically make certifications available for the crane operators. OSHA accordingly feasible. operation of the wide variety of cranes estimates the annual cost to the industry used in construction. During the phase- would be $1,425,133 for the II. Background in period, employers were required to performance of operator competency Explanation of record citations in this continue complying with two broad evaluations, $59,479 for documenting document. References in parentheses in provisions: To ensure that crane those evaluations, and $90,649 for any this preamble are to exhibits or operators were competent to operate the additional training needed for operators. transcripts in the docket for this equipment safely and, if necessary, to OSHA’s preliminary estimate of the rulemaking. Documents from the train and evaluate employees who did subpart CC—Cranes and Derricks in 1 The term ‘‘certification/licensing’’ covers each Construction rulemaking record are 2 The term ‘‘equipment’’ was used in the cranes of certification options in the proposed rule (third- available under Docket OSHA–2007– standard’s regulatory text because the rule covers party certification or an audited employer cranes, derricks and other types of equipment. certification program) as well as state or local 0066 on the Federal eRulemaking Portal When OSHA uses ‘‘cranes’’ in this preamble, it is operator licensing requirements. at http://www.regulations.gov or in the meant to apply to all covered equipment.

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not have the required knowledge or Derricks Negotiated Rulemaking concern about the proposal to phase-out ability to operate the equipment safely Advisory Committee (C–DAC), to the employer duty and replace it with (§ 1926.1427(k)(2)(i) and (ii)) (‘‘employer develop a proposal through consensus the requirement for employers to ensure duties’’). These employer duties are (see OSHA–S030–2006–0663–0639). operator competence through third- essentially the same as those required C–DAC met eleven times between July party testing (see Docket IDs OSHA– by § 1926.20(b)(4) and § 1926.21(b)(2), 30, 2003, and July 9, 2004, and 2007–0066–0341—March 19, 2009, page which are discussed in more detail in produced a consensus document that 41 and OSHA–2007–0066–0445). the ‘‘Operator Certification OSHA proposed for comment. Like the However, most stakeholders Requirement’’ section that follows. ACCSH workgroup, C–DAC overwhelmingly supported the acknowledged that the qualification and certification requirements in the rule as B. Operator Certification Requirement training requirements of proposed. In 1979, OSHA published 29 CFR §§ 1926.20(b)(4) and1926.21(b)(2) were On November 8, 2010, the final rule 1926.550, which specified requirements ineffective and it proposed that OSHA for cranes and derricks in construction for crane and derrick operation that require written and practical testing of became effective, and it includes four were adopted from existing consensus crane operators (73 FR 59810). C–DAC ‘‘options’’ for crane operator standards. Among these requirements also concluded that significant advances certification. Unless excluded from the was an employer’s duty to comply with in crane/derrick safety would not be requirements of 29 CFR 1926.1427, all manufacturer specifications and achieved without operator testing operators must obtain at least one of the limitations (§ 1926.550(a)(1)). In verified by accredited, third-party following: A state or local license to addition, employers were subject to testing. Therefore, per C–DAC’s operate cranes within a state or local general requirements elsewhere in the recommendation, OSHA’s proposal jurisdiction with acceptable OSHA construction safety standards included a requirement for operator requirements; a certification issued by that required employers to permit only certification by ‘‘type and capacity’’ of an accredited, third-party testing those employees ‘‘qualified by training the equipment in lieu of the previous organization that meets OSHA or experience’’ to operate equipment general requirement that employers certification requirements; a (§ 1926.20(b)(4)) and to ‘‘instruct each ensure their operators were competent qualification issued under an audited employee in the recognition and to operate the machinery. However, employer program that meets OSHA’s avoidance of unsafe conditions’’ OSHA proposed to retain the general certification requirements; or a (§ 1926.21(b)(2)). However, crane employer duty during a four-year phase- qualification issued by the U.S. Military incidents continued to be a significant in period for the operator certification (see 29 CFR 1926.1427(b) through (e)). cause of injuries and fatalities in the (see 2008 proposal at § 1926.1427(k)). C. Certification by Crane Rated Lifting construction industry over the next few On October 12, 2006, ACCSH Capacity decades. In response, industry supported the C–DAC consensus stakeholders called on OSHA to update document and recommended that The final rule for cranes and derricks its existing construction crane standard, OSHA use it as the basis of a proposed in construction required operators to including addressing advances in rule (see Docket ID OSHA– become certified and permitted four equipment technology and industry- ACCSH2006–1–2006–0198–003). options for doing so, one of which was recognized work practices. On October 17, 2006, the Small certification by a third-party Between 1998 and 2003, OSHA’s Business Advocacy Review Panel organization. A third-party certification Advisory Committee for Construction (SBAR) submitted its final report on could be portable (a new employer Safety and Health (ACCSH) tasked a OSHA’s draft proposal (OSHA–S030A– could rely on it), but in relying upon a workgroup with studying crane issues 2006–0664–0019). The SBAR third-party certification alone as and ultimately recommended that recommendations included a suggestion confirmation of an operator’s knowledge OSHA revise the construction crane that OSHA solicit comment on whether and operating skills, all employers must standard through negotiated ‘‘equipment capacity and type’’ needed know to what kind of equipment the rulemaking. The ACCSH workgroup clarification, which OSHA did (see 73 certification applies when making reviewed the requirements of the most FR 59725). Regarding operator training, determinations about which equipment recent American Society of Mechanical many Small Entity Representatives an operator can operate at the worksite. Engineers (ASME)/American National (SERs) thought the C–DAC’s training Therefore, C–DAC proposed the Standard Institute (ANSI) B30 series requirements were too broad and should requirement, which was included in the standards applicable to various types of be focused on the equipment the final rule, that third-party certification cranes and recommended that OSHA operator will use and the operations to must indicate the equipment types and include work practices and protections be performed. Two SERs recommended the rated capacities that an individual is from the ASME/ANSI B30 series OSHA’s powered industrial truck certified to operate. The other standards in the new crane standard to standard as a model for crane operator certification options, which are not the extent possible. The workgroup’s training requirements. portable, do not require certification by recommendations included a request OSHA published its proposal on capacity. that OSHA require training and October 9, 2008 (73 FR 59714) and To address the concerns of testing qualification provisions specific to received over 350 public comments. The organizations that were not specifying crane operators, such as those of the comments discussed a wide range of the rated lifting capacities on ANSI B30 series, to supplant and topics addressed by the crane standard. certifications they issued, OSHA added augment the general provisions under In response to requests from several subparagraph § 1926.1427(b)(2) to §§ 1926.21(b)(2) and 1926.20(b)(4) (see public commenters, OSHA conducted a clarify that an employer could comply ACCSH transcript Docket ID OSHA– public hearing in March 2009. None of with the capacity requirement if the ACCSH2002–2–2006–0194; pp. 129– the commenters or hearing participants certification stated the type and rated 135). asked OSHA to remove the requirement lifting capacity of the crane in which the In 2003, OSHA commenced that operators be certified by equipment operator was tested. For purposes of rulemaking by establishing a federal capacity in addition to type. There were complying with the new crane standard, advisory committee, the Cranes and a few stakeholders who expressed some the operator would be ‘‘deemed

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qualified’’ to operate cranes of the same operator certification before allowing an companies, crane operator trainers, and type, that have equal or lower rated employee to operate a crane. military employers. Detailed notes are lifting capacity of the crane in which available in the docket for this November 29, 2012, ACCSH Meeting they were tested. rulemaking (see ID–0539). The two and Subsequent Actions testing organizations that did not certify D. Post-Rulemaking Concerns At a November 29, 2012, ACCSH by capacity and some stakeholders in In OSHA outreach sessions following meeting, a representative from one of the crane industry again questioned the the publication of the final rule, two the organizations not providing purpose of C–DAC’s recommendation accredited testing organizations that did certifications by capacity said that his requiring different levels of certification not offer certifications by capacity organization had issued most of the be made available by rated lifting questioned the need for specifying rated operator certifications acquired by capacity and requested that OSHA lifting capacities of equipment on their operators in construction (hundreds of remove the requirement. certifications to comply with the new thousands) and warned OSHA of an In addition, various parties informed crane standard. They expressed that imminent disruption of construction OSHA that, in their opinion, the meeting the capacity requirement would projects should OSHA consider that operator certification option would not require significant changes from their organization’s certifications to be adequately ensure that crane operators existing certification practices without noncompliant (OSHA–2012–0011– could safely operate their equipment to resulting in any real safety benefit. They 0087). In addition, individual employers perform work at a construction site. asserted that employers will still take wished to ensure that their operators’ They stated that, for an employer to steps to ensure that certified operators certifications would be recognized as ensure operator competence, additional are capable of safely operating the valid by OSHA as they approached the training, experience, and evaluation cranes at their worksites, regardless of November 10, 2014, effective date for would be needed that goes well beyond the rated lifting capacities of those certification/qualification requirements. the level of training and experience cranes. Thus, these testing organizations In response, OSHA engaged in detailed needed to obtain a certification. Most of expressed the view that the certification discussions with a variety of the meeting participants agreed that an by capacity requirement is unnecessary. stakeholders about their experience operator’s certification by an accredited Those two testing organizations and using certifications and the relevance of testing organization does not mean that many other stakeholders also expressed equipment rated lifting capacities to the operator is competent or has enough surprise and concern that on November operator competency, safety, and experience to operate a crane to do 10, 2014, when OSHA’s operator certification testing. construction work. certification requirements were to take OSHA also continued to engage in OSHA heard from many stakeholders effect, the temporary requirements of conversations with the four accredited that the employer should play a direct § 1926.1427(k)(2)—the employer duty to testing organizations and two industry- role in ensuring that their operators are ensure that operators are competent— recognized accrediting agencies to assist competent because a standardized test would no longer be in effect. them in their efforts to meet the criteria cannot replicate all of the conditions specified by the new crane standard. U.S. Small Business Administration that operators will face on the jobsite. OSHA clarified that these organizations (SBA) Roundtable They indicated that the employer is need only specify the rated lifting typically in a better position than a SBA’s Office of Advocacy held a capacity of the crane in which an certifying organization to ensure that an Small Business Labor Safety (OSHA/ operator was tested to meet OSHA operator has the skills, knowledge, and MSHA) Roundtable discussion about certification requirements. The rated judgment required for a particular the type and capacity issues of OSHA’s lifting capacity on the certification assignment on a particular crane. Again, crane standard on November 16, 2012. would specify the maximum rated many stakeholders likened operator At this meeting, major stakeholders, capacity for which the operator was certification to a learner’s permit to including a labor union, construction certified and, in combination with the drive a car. They cautioned that trade associations, crane manufacturers, rule, allow operators certified at one certification should be one of several and safety professionals, warned of the capacity to also operate cranes with factors to be weighed by an employer negative impact on the regulated lower capacities. Nevertheless, before allowing an employee to operate community that would occur if OSHA construction employers contacted a crane. Most participants said that the did not continue to require employers to OSHA to express frustration about operator’s employer should always be ensure the competency of crane receiving conflicting information from made responsible for ensuring that an operators, as well as recognize various outside groups about whether operator is competent to safely operate certifications acquired by operators from existing certifications would meet the a particular crane to do construction testing organizations that do not issue new crane standard’s requirements. work. Others indicated that employers certifications by rated lifting capacity. will confirm operator competence Stakeholder Meetings (April 2013) Though they had not made such regardless of OSHA requirements comments in the rulemaking, industry In response to mounting frustrations because the risk is too great and other representatives, who were still in of many in the construction industry, influences like contracts and insurance support of requiring operator OSHA conducted three stakeholder premiums drive them to do so. Overall certification, likened operator meetings on April 2–3, 2013, to gather though, all stakeholders reiterated that certification to a learner’s permit to additional information about the issues operator certification is beneficial in drive a car, suggesting that passage of of operator qualification and the ‘‘type establishing a minimum threshold of the certification test meant an and capacity’’ requirement for operator knowledge and familiarity with individual could operate a crane, but certification, in particular. Participants very basic crane operation. was not necessarily competent to included representatives of construction perform the specific tasks required by contractors, labor unions, crane May 24, 2013, ACCSH Meeting an employer. They cautioned that an manufacturers, crane rental companies, ACCSH met on May 24, 2013 (OSHA– employer should weigh factors in accredited testing organizations, one of 2013–0006–0025). OSHA presented the addition to whether an employee has an the accrediting bodies, insurance issues surrounding operator competency

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and certification to the committee, and between 2010 and 2013 indicating that consolidated into draft reports, which the committee heard comments from employers should not be able to rely were provided to the employer or stakeholders and the public. At this solely on certification as the means of organization for their corrections or meeting, representatives from two ensuring operator competency, comment before the reports were accredited testing organizations primarily because the certification finalized. Twenty-eight of the provided conflicting public comments programs only examine a basic level of discussions were drafted into written regarding the capacity-certification general crane operation knowledge and reports. The other conversations were requirement. One of the two testing skills without assessing an operator’s not documented because they were organizations that does not certify by ability to operate the equipment they either informal or the organization’s capacity again warned of the potential will actually use or the various types of representatives did not want their impact on the industry should OSHA operations that they will need to comments to be cited in the rulemaking enforce the crane certification perform on a particular jobsite. In record other than being referenced requirements as published in the final response, OSHA completed a follow-up anecdotally. The twenty-eight reports, rule. On the other hand, a testing rulemaking to extend the deadline for as well as a detailed summary of the organization that offers certification by operator certification by three years reports, are in the docket for this capacity noted that certifications by until November 10, 2017, and also to rulemaking (ID–0673). Overall, the type and capacity were already available extend for the same time period the stakeholders described their business to employers and operators, confirming existing employer duties (see 79 FR models for bringing cranes to that it is feasible to meet the capacity 57785 (September 26, 2014)). OSHA construction sites, operator competency requirement. Other public stakeholders subsequently extended both the programs, methods for ensuring that expressed concerns about the potential deadline and the employer duties by a cranes brought to the worksite are safely impact on crane safety in construction further year to November 10, 2018 (see run by competent operators, and views should OSHA not enforce the crane 82 FR 51986 (November 9, 2017)). The on the use of operator certification in certification requirements when main reason for these extensions was to their operator competency programs. scheduled to come into effect on provide OSHA with additional time to During conversations with November 10, 2014, but asked that determine whether it would be stakeholders, OSHA confirmed that OSHA quickly resolve the ‘‘type and necessary to undergo additional most industry representatives did not capacity’’ issue. rulemaking regarding crane operator understand that the crane standard ACCSH considered a proposal that competency requirements. This requires employers only to ensure that OSHA suspend the certification rulemaking reflects OSHA’s decision to their operators are certified and does not requirements of the crane standard do so. require further evaluation of a certified indefinitely until a new rule could be operator’s competency. Several industry proposed. One ACCSH member F. Discussions With the Construction representatives said that regardless of representing a major trade association Industry Stakeholders what OSHA’s crane standard requires, explained that many employers were Discussions With Companies, Unions, construction and insurance industry not sure whether it was wise to invest and Organizations Who Train, Assess, influences would prevent many in the certification of their operators to and/or Contract Crane Operators employers of crane operators from meet OSHA requirements that may In order to gather factual information, relying solely on certification to verify change as result of the pending OSHA conducted more than 40 site the competence of their crane operators. rulemaking (see OSHA–2013–0006– visits, conference calls, and meetings Furthermore, all of the company 0025, p. 16). A suspension of the with stakeholders between June 6, 2013 representatives stated that they would requirements, it was argued, would end to March 27, 2015, regarding their not let an operator run any of their confusion among employers about what experiences with training, evaluating, cranes based solely on his/her certification requirements had to be met and ensuring the competency of crane possession of an operator’s certification. by a new effective date. The proposal operators. Among these stakeholders And although most general contractors also suggested that OSHA remove the were: require their subcontractors to verify certification/qualification requirements that operators are certified, they • 3 crane rental companies [1 large altogether. Until OSHA adopted a intervene when there are indications (more than 100 cranes), 1 medium revised certification requirement, that the actions of a crane operator (more than 20 cranes), 1 small (less however, the proposal would require could compromise the safety of a than 20 cranes)] worksite. OSHA confirmed from these employers to train, evaluate, and ensure • 10 construction companies that own/ discussions that, regardless of whether the operating competency of their operate cranes [homebuilders, tank an operator has a certification, all of the operators in accordance with the builders, propane delivery, steel employers contacted evaluate their transitional requirements in current erector] § 1926.1427(k). Following the ACCSH • 3 large construction/operator training operators to ensure competency. Most employers stated that they value meeting, OSHA announced that it companies would initiate a rulemaking to explore • 5 crane manufacturers third-party certification, but do not treat extending the certification deadline and • 3 construction labor unions it as sufficient, by itself, to establish the ‘‘phase-out’’ of the employer duty to • 2 safety consultants/trainers competency. Many employers expect ensure operator competency and the • 4 state agencies operators to get certified early in their deadline for operator certification (see • British Columbia’s qualification competency programs as a gauge for ID–0671 or https://www.osha.gov/pls/ program confirming whether an operator has the oshaweb/owadisp.show_document?p_ • 1 sole proprietor/owner operator skills and abilities to obtain and use table=NEWS_RELEASES&p_id=24090). homebuilding company knowledge that is essential to safely • 3 crane insurers operate cranes. One company explained E. Extending the Effective Dates for the • certification testing bodies and that it uses certification as more of an Employer Duty and Certification accrediting entities administrative tool and only sends As noted above, OSHA received During discussions with stakeholders, employees who have been trained and significant stakeholder feedback OSHA personnel took notes that were demonstrate, through closely

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monitoring on job performance, the Most stakeholders explained that their been permitted to operate a crane knowledge and ability to operate a crane evaluation of each operator is ongoing independently until the employer to earn a third-party certification. Most from the time they begin checking the qualified them as competent. It also re- stakeholders viewed certification only operator-in-training’s credentials and organized the provisions of § 1926.1427 as a verification of an operator’s basic references until they confirm the to clarify its requirements by re-ordering operating skills and crane knowledge operator’s experience by observing them and re-grouping a number of the such as: operate construction cranes. The certification/licensing requirements. • Reading load charts, evaluation is also based on the often The draft also included new provisions • recognizing basic crane hazards, daily informal evaluations of an designed to eliminate employee • inspecting the equipment, operator’s performance by the employer exposures to the hazards presented by • knowledge of applicable and other people that work around a cranes operated by unqualified crane regulations, and crane operated by the operator-in- operators on multi-employer worksites. • familiarity with basic crane training. Several stakeholders explained Several ACCSH members and some functions to control the boom and load that operator competency programs are public commenters expressed strong line. often supplemented by the operator’s concerns about OSHA making any In addition, insurers explained they completion of union apprenticeships changes to the crane standard beyond award reduced rates to employers (about one-half of the employers who those necessary to extend permanently whose operator competency programs operated cranes described that they the employer duty to determine operator include operator certifications. employ union operators). competency and to eliminate the In sum, many in the industry have A few employers explained how they requirement that certifications be by verified operator competency based on concluded that the degree of training capacity. Many of these ACCSH their prior experiences with the operator and operating experience needed to members and public commenters were or references from organizations for successfully pass certification testing concerned that additional provisions which the operator has previously may help to increase the baseline crane would slow down the process, and that completed crane work. Every employer safety on construction sites. They often the draft documentation provisions for with whom OSHA spoke stated that the referenced their successes in states or employer evaluations of operators were employer’s role in ensuring the localities that require similar too extensive and restrictive. After competency of crane operators should certifications. But all stakeholders said considering the public comments, be allowed to continue. ACCSH expressed confidence that it is essential that the operator’s Through these conversations, OSHA OSHA would address those concerns employer determine whether the also gained a better understanding of the before proposing a rule. In addition, operator is competent to safely operate many ways in which cranes and ACCSH made the following a crane for a particular construction operators are brought to construction activity. recommendations that OSHA: work sites. Cranes may be owned or • While operator competency programs leased; operators may be long-term Move forward with certification by vary based on business model, employees, hired from a crane rental the means in the existing standard and equipment used, and work performed, company, or hired out of a labor pursue employer qualification of crane there are strong similarities in the operators. organization’s hiring hall for a few days. • programs identified by the stakeholders To minimize the cost of crane use, Clarify the requirement for as effective. Typical operator construction employers may rent a certification so that certification can be competency programs for operators-in- crane with an operator provided by the by type, or by type and capacity. • training (employees who have not been rental company, rent only the Reconsider the language in the certified/licensed and evaluated to equipment because the employer proposed text that appeared to require operate assigned equipment) begin with already has an operator on staff, or hire the employer to observe the operator classroom training and dialogue to a short-term employee or a contractor operate the crane in each and every gauge what additional training and separately to operate the crane. configuration to determine whether the experience is needed. At some point, operator was competent. the operator-in-training demonstrates G. Consulting ACCSH—Draft Proposal • Use the text submitted by William that he or she is ready to begin training- for Crane Operator Requirements Smith (Exhibit 12) as a substitute for the related operation of the equipment, OSHA presented draft revisions to the draft language on evaluation in the which may eventually include, for Cranes and Derricks in Construction proposed text.3 example, practice in the cab at storage standard to the Advisory Committee for • Delete the annual re-evaluation yards or in open areas at job sites where Construction Safety and Health provision in the proposed rule, and equipment is already set up. For more (ACCSH) at a special meeting conducted instead consider employer re- experienced operators-in-training, the March 31 and April 1, 2015, in evaluations that coincide with the re- types of knowledge and operations for Washington, DC. The draft revisions certification period. which they are asked to demonstrate included proposals to remove the • Consider adding a provision that if proficiency typically include doing capacity requirements for operator the operator operates the equipment in crane-related inspections, reading load certification and to retain permanently charts, calculating loads, and smoothly an employer duty to ensure operator 3 William Smith, commenting as a private citizen, operating the crane to handle loads. competency. ACCSH heard public presented revisions to 29 CFR 1926.1427(a) by the Typically, novice operators-in-training comment on the draft proposed rule at Coalition for Crane Operator Safety (OSHA–2015– 0002–0051). The document recommended revising start out on smaller cranes/shorter boom the meeting before it considered any § 1926.1427(a) by adding provisions that an lengths and their assigned practice/work recommendations (OSHA–2015–0002– operator must meet OSHA’s qualified person eventually includes the performance of 0036). standard and mandating training if an operator simple, low-priority jobs and lifts where OSHA’s draft included substantive cannot safely operate the equipment. In 1427(b), he requirements that employers would be recommended removing the language that an they have plenty of time to practice and operator will be deemed qualified if he or she is ask questions of the trainer or more required to follow to ensure operator certified. Throughout § 1926.1427, he experienced operators as needed. competency. Operators would not have recommended removing references to capacity.

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an unsafe manner, the operator must be I. The Need for a Rule schemes) and training may occur under re-evaluated by the employer. Based on the information collected different, prior employers, the proposal would require that every employer H. National Consensus Standards from stakeholders and the evaluate an employee first as an In adopting a standard, the recommendations of ACCSH, OSHA proposes to amend 29 CFR 1926 subpart operator-in-training before permitting Occupational Safety and Health (OSH) him or her to operate equipment Act requires OSHA to consider national CC by revising sections that address crane operator training, certification/ without oversight. The process of the consensus standards, and where the evaluation is performance-oriented and agency decides to depart from the licensing, and competency. The purposes of the amendments are to discussed in more detail in the requirements of a national consensus explanation for proposed paragraph clarify training requirements for standard, it must explain why the 1427(f). operators; to remove certification-by- departure better effectuates the purposes An employer’s evaluation would of the Act. OSH Act 6(b)(8). As OSHA capacity from certification assess different operator skills than the explained when adopting the updated requirements; to clarify and existing certification tests. IUOE has crane rule in 2010, the ASME B30 permanently extend an employer’s duty pointed to a number of activities that Standard is a series of voluntary to evaluate potential operators for their require specific skills that are not consensus standards that apply to most ability to safely operate assigned evaluated during the certification of the types of equipment, including equipment covered by subpart CC; and practical exam: Inspecting the cranes and derricks, covered by subpart to require that employers document the equipment; assessing unstable loads; CC as a whole (75 FR 48129–48130). evaluation. Because these revisions hoisting loads of irregular size; The B30 standards each have chapters required some re-working of the crane operation from a barge; personnel that address the operation of the standard, OSHA also took the hoisting; rigging the load; leveling the equipment, which typically include a opportunity to reorganize and clarify the crane; hoisting in tight spaces where section on crane operator qualification operator certification requirements in there is greater opportunity for and crane operator responsibilities. § 1926.1427. damaging parts of the crane other than OSHA considered these provisions in Employer’s Duty To Evaluate Its the load line; making judgments about drafting this proposed rule. Similarly, Operators wind speed and other environmental OSHA considered the general factors that can impact the performance requirements of ANSI/American Society OSHA is proposing to revise the crane of the equipment; performing multiple of Safety Engineers (ASSE) Z490.1, rule to add a permanent employer crane lifts; traveling with or without a which generally addresses the evaluation duty based primarily on the load; operating near power lines; requirements of occupational safety and extensive feedback received from the hoisting light loads; and hoisting blind health training. construction industry, which warned picks where the operator cannot see the This proposal takes many of the that certification does not establish that load (Docket ID 0527, p. 3). IUOE has underlying concepts regarding operator operators have sufficient crane also noted that different skills are qualification that are consistent across knowledge and operating skills to safely required to operate equipment with the B30 standards and ANSI/ASSE perform crane operations at different attachments and identified in Z490.1, and it places them in one construction sites in all circumstances particular the unique skills required to standard. This move will allow going forward. As previously explained operate with clam bucket or drag line employers and crane operators to look in more detail in the background attachments (Id.). By way of contrast, to one place for OSHA requirements for section, industry representatives stated the IUOE stated, the operator operator competence and safety, rather that to ensure crane safety on certification practical test covers only than throughout fourteen relevant B30 construction sites, it is necessary for basic operation functions (hoisting and standards. The proposal rewrites the employers to continue to evaluate the lowering a load and guiding it through standards as enforceable employer operating competency of potential a course), and ‘‘does not test on the duties, as the OSH Act requires, rather operators and provide training beyond breadth of activities that are involved in than as employee responsibilities or that which is merely sufficient for those the operation of cranes’’ (Id.). Without non-mandatory suggestions. The individuals to obtain certifications. the proposed employer duty to evaluate proposal also expands on operator The key difference between this operators, an employer could permit a training requirements, which are not proposal and the existing standard is certified operator to operate tower discussed at length in the B30 standards that the proposal would permanently cranes and other large equipment in any and ANSI/ASSE Z490, and third-party maintain the employer’s duty to configuration with any number of certification/license requirements, evaluate its operators, and provide attachments without determining if the which are not required by the B30 greater specificity as to what that duty operator possesses the requisite standards or ANSI/ASSE Z490. entails in order to provide a clear and knowledge and skills necessary to OSHA believes this proposal will enforceable standard. Under the existing address the issues identified by IUOE better effectuate the purposes of the standard, operator certification becomes and others. OSH Act than any applicable national de facto qualification once the employer Some employers describe certification consensus standard because it will duty to ensure operator competence as a ‘‘learner’s permit’’ (Stakeholder retain certification, training, and (§ 1926.1427(k)(2)(i)) ends in November Notes, Reports #15, 26 of ID–0673), and operator qualification requirements in a 2018. There are no other requirements a number of employers with whom manner that OSHA can enforce under for operator safety qualifications beyond OSHA spoke stated that they would not the Act and consolidate all crane certification after that date. Under the allow a certified operator to use their operator qualification requirements for proposed rule, the employer’s equipment without first also evaluating ease of reference. OSHA requests evaluation is established as a critical the operator to verify competence comment on whether this proposal will step to ensure safe equipment (Reports #1, 6, 18, 20, 22 of ID–0673). better effectuate the purposes of the operations on construction work sites. A training company for crane operators OSH Act than any applicable national While certification (or licensing in states stated that ‘‘only a fool’’ would rely on consensus standard. or localities with acceptable licensing certification alone as an assessment of

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an operator’s ability to safely operate a reduced if a company ensures that an have a duty to ensure operator crane at the worksite (Report 20 of ID– operator possess equipment-specific competency. Indeed, only one employer 0673). Boh Bros. Construction Co., skills and knowledge in addition to stated that it does not believe a formal commented during the 2014 rulemaking certification: evaluation requirement should be part that ‘‘a certification is only an The certification process ensures that an of the rule, expressing concern that it indication of basic skills.... operator has demonstrated a core knowledge might be something compliance officers Certification is good, but does not equal set of the principles of cranes and crane cite when there are not obvious qualification.’’ [ID–0464]. Another operations, OSHA regulations, and ASME violations, and even that employer training company representative stated standards requirements . . . has successfully acknowledged that the employer’s role that operators with very little demonstrated both knowledge and the in ensuring operator competency is experience can acquire a sufficient basis physical skill set to operate a type of important. (Interview #15). But unless of knowledge of the crane to pass a crane.... OSHA includes the evaluation duty in certification exam without being truly Comparing responsibility failure trends the regulatory text, employers would between crane types gives strong evidence qualified to operate independently and that crane model-specific training is an have no enforceable duty to conduct any safely on a construction work site overwhelmingly good idea.... In order for assessment of their operators. Other (Report #21 of ID–0673). Two the industry to theoretically provide a quality employers questioned the practicality of stakeholders expressed concern that certification for each model crane, the a formal evaluation requirement, but relying solely on certification could be process would take decades just to develop OSHA believes that requirement to be dangerous because it would create a certifications for existing model cranes, and necessary for effective enforcement of false sense of qualification, leading with new models coming out every year, that an employer’s duty to conduct any some contractors to be less vigilant in development process would also be never- assessment of their operators. Finally, evaluating the competence of operators ending. Each time a new model crane was one employer told OSHA that a formal to safely operate equipment for all of released, its use would be prohibited until a rating system or checklist for evaluating qualified certification process was developed their tasks (Reports #9, 11 of ID–0673). if model-specific certification was required. a new operator’s competency would be OSHA heard from many stakeholders Model specific qualification is an issue that impractical (Report #1 of ID–0673), that the employer should play a direct cannot and should not be done by the while another employer told OSHA that role in ensuring that their operators are certification process, but should be done one cannot write a procedure to qualify competent (Stakeholder Notes, Reports through training and examination by the someone because it is all knowledge and #1, 2, 3, 4, 6, 9, 10, 11, 12, 14, 15, 16, individual company and corresponding experience (Report #6 of ID–0673). 18, 19, 20, 21, 22, 25, 26 of ID–0673). operator in addition to earning type-specific OSHA appreciates the concerns that Because a standardized test cannot certifications which ensure the knowledge inflexible procedural requirements replicate all of the conditions that and skill sets discussed above. would cause unnecessary interference operators will face on the jobsite, the Understanding of crane principles, general with existing work practices. For this crane characteristics, individual employer is typically in a better position responsibilities, and national standard reason, as discussed more fully in the than a certifying organization to fully guidelines is the basis for certification; preamble for paragraph 1427(f) of the evaluate an operator to ensure that he or however, an operator’s familiarity with the proposed rule, OSHA has addressed she has the skills, knowledge, and particular unit is invaluable in the goal to these concerns by carefully tailoring its judgment required for a particular reduce operator associated incidents.4 proposed evaluation requirements to assignment on a particular crane. The proposed evaluation requirement provide significant flexibility for the Many stakeholders indicated that in is a mechanism to help ensure that employers. But it is also important to their experience operator competency operators possess the skill to account for note that OSHA is not proposing to needed to be crane-specific (Reports #1, the variations within even a single type create a totally new duty. All employers 2, 3, 4, 6, 16, 19, 21 of ID–0673). Some of crane; without the evaluation were required to assess their operators of the stakeholders raised concerns requirement there would be no prior to the 2010 rulemaking, continue about the importance of these different distinction between the competency to have such a duty under existing crane characteristics in discussing § 1926.1427(k), and OSHA is not aware required to operate the smallest, whether OSHA should require of any significant difficulties complying simplest mobile crane and the largest, certification to be by type and capacity with those requirements. This most complex mobile crane. It is our or just by type. For example, one rulemaking would simply clarify what intent with this proposal to avoid a employer told OSHA that certification that evaluation involves, and would repeat of a tragedy like the Deep South could be by type alone, provided the make the duty permanent. employer was responsible for evaluating collapse, in which an operator was Generally, stakeholders supported operator competency on assigned assigned to a crane of a type for which making permanent an employer’s duty equipment (Report #1 of ID–0673). A he was certified, but the controls and to verify operator competency. During crane operator training company that operations were substantially different its testimony in support of retaining an OSHA interviewed noted that no one from those with which he was familiar employer duty to assess operators, the certification test could ever capture all (see Deep S. Crane & Rigging Co., 23 IUOE stated that removal of that duty of the types, configurations, and BNA OSHC 2099 (No. 09–0240, 2012), would endanger operators and workers capacities of cranes and the activities aff’d Deep S. Crane & Rigging Co. v. in the vicinity of cranes, ‘‘[c]rane they may be used to perform at the Harris, 535 F. App’x 386, 390 (5th Cir. operators would be in a far worse jobsite. Therefore, it is important that 2013)). position than they were before issuance the employer typically verify the Most concerns expressed about the of the final rule in August 2010.’’ (ID– operator’s skill level through an evaluation requirement focused on the 0486). William Smith of Nations experienced assessor (Report #20 of ID– specifics of the requirement, not the Builders Insurance Services (NCCCO 0673). proposition that an employer should board member and C–DAC member) An extensive analysis of crane agreed, commenting that ‘‘[l]eaving the 4 Wiethron, Jim D., Crane Accidents: A Study of accidents published by HAAG Causes & Trends to Create a Safer Work rule as written [with certification but Engineering in 2014 concluded that Environment, 1983–2013, pp. 105–106 (HAAG without a continued employer duty after crane incidents are more likely to be Engineering, 2014). November, 2014] would take us back in

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time not forward in protecting lives’’ combination is necessary to fully ensure J. Significant Risk [ID–0474]. A U.S. crane manufacturer that operators are truly qualified to Section 3(8) of the OSH Act requires stated that the lack of employer operate the equipment for their assigned that OSHA standards be ‘‘reasonably evaluation of an operator would be a tasks. necessary or appropriate to provide safe problem, and certification is a Based on all of the reasons in the or healthful employment’’ (29 U.S.C. foundation, but should not be a foregoing discussion, OSHA is 652(8)), which the Supreme Court has substitute for an employer competency proposing to clarify and make interpreted as requiring OSHA to show evaluation. (Report #4 of ID–0673). permanent the requirement for that ‘‘significant risks are present and Similarly, a training company employers to evaluate their operators can be eliminated or lessened by a representative stated that certification and operators-in-training in addition to change in practices’’ (Indus. Union plays a vital role in the operator ensuring that they are certified in Dep’t, AFL–CIO v. Am. Petroleum Inst., competency process, but sufficient accordance with the existing standard. 448 U.S. 607, 642 (1980) (plurality training and months to years of actual The specific evaluation requirements opinion) (‘‘Benzene’’)). The Court operating experience are needed to clarified that OSHA has considerable ensure the operator’s competency are set out in proposed paragraph latitude in defining significant risk and (Report #20 of ID–0673). § 1926.1427(f) and are explained later in in determining the significance of any Other employers agreed that, this document in the preamble depending on a number of factors, discussion of that paragraph. OSHA particular risk, noting that ‘‘[i]t is the determining the competency of a new, requests comment on this proposal to Agency’s responsibility to determine, in inexperienced operator to become an retain the evaluation requirement in the first instance, what it considers to be independent, safe, and efficient operator addition to certification. Are there more a ‘significant’ risk’’ (Benzene, 448 U.S. is a process that can vary in time effective ways of ensuring that operators at 655). Although OSHA makes significant depending in part on the employer are fully qualified to use cranes for the risk findings for both health and safety needing a new operator, having a crane specific activities that the operator will available, and demand for the crane be required to complete, such as standards, the methodology used to services (e.g., Reports #2, 11 of ID– independent third-party evaluations? evaluate risk in safety rulemakings is 0673). This competency process is often more straightforward. Unlike the risks Elimination of the Requirement To informal and integrated in day-to-day related to health hazards, which ‘‘may Certify Based on Capacity of Crane work, with operators-in-training not be evident until a worker has been exposed for long periods of time to working closely with experienced As discussed above, OSHA’s research operators in on-the-job training who particular substances,’’ the risks suggests that while certification by type associated with safety hazards such as mentor them and show them how to use of crane establishes that an operator has equipment (Reports #1, 2, 3, 6, 11, 15, crane tipovers, electrocution, and a basic level of skill and knowledge striking or crushing workers with a 16, 18, 19, 23 of ID–0673). Operators about the operation of that type of crane, receive experience not only in the cab, hoisted load, ‘‘are generally immediate it is the employer’s evaluation that best and obvious.’’ Benzene, 448 U.S. at 649, but also in many tasks or operations ensures the operator has the skill and related to hoisting, such as rigging, n.54. OSHA’s 2010 Cranes and Derricks knowledge necessary to operate a crane in Construction standard was assembly/disassembly or set-up, or in a particular configuration. While inspections. accompanied by an extensive analysis testing organizations differed over in which the Agency examined fatality A crane insurance representative whether a certification by capacity suggested that the industry is moving and injury data available in 2008 and provided any useful information to an concluded that employees working in or away from assigning two employees to employer, most agreed that capacity is work on a crane, where the less around cranes and derricks face a just one factor to be considered in the significant risk of death or serious injury experienced employee is mentored by employer’s overall evaluation of the the other, and expressed concern that (see 75 FR 48093). operator’s ability. OSHA is unaware of this shift may impact the availability of When, as here, OSHA has previously any direct evidence establishing a safety sufficiently qualified operators and the determined that its standard benefit for requiring certification by safety of the industry (Report #25 of ID– substantially reduces a significant risk, capacity. For these reasons, OSHA has 0673). If true, such a trend would it is unnecessary for the Agency to make preliminarily determined that, if the increase the importance of an employer additional findings on risk for every employer duty becomes a permanent evaluation requirement because the provision of that standard (see, e.g., requirement, employee certification by informal monitoring would be less Public Citizen Health Research Group v. capacity of crane should no longer be frequent. Requiring certification by Tyson, 796 F.2d 1479, 1502 n. 16 (D.C. required; rather, it should merely be an crane type and retaining the existing Cir. 1986) (rejecting the argument that employer duty to evaluate operators option for those employers who wish to OSHA must ‘‘find that each and every should ensure that crane operators have use it. aspect of its standard eliminates a sufficient training to maintain safety, OSHA requests comment on its significant risk’’). Rather, once OSHA even if the industry is moving away proposal to eliminate the requirement makes a general significant risk finding from assigning two employees to work that crane operators be certified by in support of a standard, the next on a crane. The existing certification capacity in addition to type of crane. Do question is whether a particular requirement ensures baseline you or your employer currently require requirement is reasonably related to the knowledge and skills to operate a crane, certification by both type and capacity? purpose of the standard as a whole. while retaining the employer duty to If so, how do you use the certification (Asbestos Information Ass’n/N. Am. v. evaluate operators provides some on capacity in determining whether an Reich, 117 F.3d 891, 894 (5th Cir. 1997); assurance that the operator can handle employee may operate a particular crane Forging Indus. Ass’n v. Secretary of the specifics of operating particular or conduct a particular lift? Please Labor, 773 F.2d 1436, 1447 (4th Cir. equipment and performing more provide any other information of which 1985); United Steelworkers of Am., challenging tasks. Many industry you are aware showing safety benefits AFL–CIO–CLC v. Marshall, 647 F.2d stakeholders told the agency that this from certification by capacity. 1189, 1237–38 (D.C. Cir. 1980)).

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As explained elsewhere in this every operator injury ((281¥29)/29 = comprehension of the requirements. In preamble, the proposal meets this test. 8.7).8 Of course these two categories are the Background section of this notice, OSHA previously concluded that the not mutually exclusive (there will often OSHA summarizes revisions to the standard would substantially reduce be injuries when there is a fatality). current rule that would clarify crane risk through a combination of As noted in more detail in the operator requirements and address mandatory operator certification and Benefits section of the Preliminary concerns raised by stakeholders and other requirements, but OSHA did not Economic Analysis for this rule, three through enforcement activity. OSHA claim that the standard would eliminate recent fatalities in particular illustrate asks for public comment on the the significant risk entirely. The the dangers from improper equipment potential impact and necessity of those employer evaluation is reasonably operation that OSHA posits could be revisions and for alternatives to these related to the reduction of significant prevented by the evaluations included revisions that should be considered. risk because it reduces employee in this proposed amendment to the OSHA applies the term exposure to the previously identified standard. In one instance, the crane ‘‘qualification’’ within the proposed hazards. It reflects current industry best operator was not familiar with the regulatory text for operators working for practices and helps to ensure the controls of the equipment. In another the U.S. military. This has been carried employee has the skills and knowledge incident, an operator hoisting pipes over from the existing provisions. OSHA to operate the crane safely during the longer than he had previously hoisted has retitled § 1926.1427 as ‘‘Operator lifts to which he or she is assigned.5 used an improper boom angle, training, certification, and evaluation.’’ The Agency notes that there is ample indicating that he did not possess When OSHA uses ‘‘qualification’’ or evidence in the record that workers adequate knowledge and skills to ‘‘qualified operator’’ in this preamble, it could continue to be exposed to the address the additional challenges of the means an individual who is fully hazards that OSHA sought to reduce task he was required to perform. In the trained, certified, and passed an through the cranes standard. OSHA third incident, a fatality occurred when evaluation by the employer, or the relied on fatality data available in 2008 an employee operated a new, unfamiliar process of completing all three of those when it promulgated the crane standard, machine with controls in different steps. but unfortunately crane-related fatalities locations than the machines with which Paragraph (a)—Duty To Train, Certify or have continued to occur. According to the operator was accustomed. While the License, and Evaluate Operators the Census of Fatal Occupational employee’s use of that equipment arose Proposed paragraph (a) sets out the Injuries, 47 crane operators were killed from unexpected circumstances, the employer’s responsibility to ensure that between 2011 and 2014 (this does not result nonetheless demonstrates the risk each operator completes three steps include accidents with non-fatal injuries inherent with operating a crane without before the employer permits him or her or crane incidents causing fatalities or a method to ensure the operator knows to operate equipment covered by injuries to workers other than the crane how to use the particular crane to which 6 subpart CC without continuous operator). he or she is assigned. supervision. Each operator must be Another useful data source is a report As explained in the Background and trained to do the construction activity by an engineering forensics firm, HAAG Need for Rulemaking sections of the that will be performed, be certified/ Engineering, of a large dataset of crane preamble, stakeholders have raised licensed in accordance with subpart CC, accidents that it has investigated over a serious concerns that the current level and be evaluated on his or her period of 30 years (Wiethorn, 2014, the of risk will increase if OSHA does not competence to safely operate the ‘‘HAAG Report’’) (ID–0674). The final make permanent the employer duty to equipment that will be used. In dataset has 507 incidents, covering all ensure operator competency on the addition, paragraph (a) sets out types of cranes and accidents. This actual equipment they operate. The dataset is likely biased towards larger exceptions to these requirements for nearly unanimous message to OSHA is accidents since these are more likely to certain equipment, as well as continuing that crane operator certification is warrant significant investigation for to note that qualifications issued by the designed to ensure a basic level of insurance and litigation issues. But U.S. Military to its non-uniformed general operating competency, but is not while it cannot be said to be a employees satisfy OSHA’s crane by itself sufficient to ensure that representative sample of all crane standard. The proposed new approach operators have the necessarily skills and accidents, it is a large sample and hence provides a clearer structure than the knowledge to operate all assigned suggestive of more general trends. The existing standard, which was not equipment or to perform all assigned HAAG report states that of 147 fatalities designed to accommodate both tasks safely. among its reported crane incidents, 28 certification and evaluation. were operators, meaning there were over III. Summary and Explanation of the In addition, the proposal makes clear 4 times more non-operator employees Proposed Amendments to Subpart CC that post-certification training is killed than operators from crane required. accidents in this sample ((147¥28)/28 = Discussion of the Proposed Rule’s OSHA acknowledges that the existing 4.3).7 Similarly for injuries, out of 281 Organization and General Terms Used standard could be clearer regarding injuries, 29 were to operators, so that in Its Summary and Explanation ongoing training requirements for there were 8.7 non-operator injuries for The following discussion summarizes certified operators. OSHA anticipated, and explains each new or revised and the existing rule reflects the notion, 5 The proposed removal of the requirement for provision in the proposal and the that certification would supplant the certification by crane lifting capacity is not substantive differences between the employer’s evaluation, and that implicated in this significant risk discussion because it removes a requirement and does not proposal and OSHA’s current crane employers would train their operators impose any new duties. operator requirements in subpart CC of on the equipment for which they were 6 Bureau of Labor Statistics, Census of Fatal 29 CFR 1926. In general, OSHA certified, so therefore the employer Occupational Injuries (2011 forward), Fatalities to proposes to reorganize this section of would have met the training Crane and Tower Operators, series ID FWU50X53702X8PN00, available at http:// the current rule to improve requirements specified under www.bls.gov/iif/data.htm. §§ 1926.1427(f) and 1926.1430(c)(2) at 7 The HAAG report, p. 31. 8 Id. or around the time the operator was

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certified. Therefore, OSHA did not spell Proposed paragraphs (a)(1)–(3) In addition, proposed paragraph (a)(1) out the ongoing training necessary for provide limited exceptions to the expressly states that an operator-in- certified operators to learn to operate general requirement in paragraph (a) training may only operate equipment new equipment or perform new tasks. that operators must be trained, certified, under supervision to ensure that The proposed rule contemplates and evaluated before operating employers understand that supervision operators still needing additional equipment. is a mandatory component of operating training after they are certified, such as Proposed paragraph (a)(1) would in accordance with proposed paragraph training to operate a new type of crane, permit an employee to operate (b), and therefore under this exception. perform new tasks, or handle new equipment as an ‘‘operator-in-training’’ Because the existing crane standard also controls in a new model of crane. prior to being certified and evaluated, requires operators-in-training to be The training components in the provided that he or she is supervised supervised, including the supervision proposed and existing standards are and operates the equipment in requirement in proposed paragraph (a) similar. The proposed standard differs accordance with the training as well as proposed paragraph (b) is a from the existing standard in that it requirements in paragraph (b). This is non-substantive, clarifying amendment clarifies that the employer would be the only means by which an individual (see paragraph (b) for a more thorough obligated to train employees, as may operate equipment prior to being discussion of on-the-job and general necessary, even after they are certified, trained, certified, and evaluated as training requirements). until the employer has evaluated them competent to do so. This exception is Proposed paragraph (a)(2) retains the in accordance with proposed paragraph substantively similar to the requirement exemptions for derricks, sideboom (f). As under the existing standard, (see in the existing crane standard at cranes, and equipment with a maximum current § 1926.1430(g)(2)), refresher § 1926.1427(a), which permits manufacturer-rated hoisting/lifting training would also be required when uncertified operators to operate capacity of 2,000 pounds or less from indicated by deficiencies in the equipment only when the employer the training and supervision employee’s demonstrations of crane complies with the requirements requirements in proposed paragraph (b) knowledge and equipment operation. specified under existing and the certification/licensing The current certification/licensing § 1926.1427(f)—Pre-qualification/ requirements in proposed paragraphs requirement, which is the centerpiece of certification training period. But it (c)–(d). OSHA considered, but has the existing operator requirements, would also permit certified/licensed declined to include in this proposal, would remain largely unchanged under other requests for certification operators to operate equipment as this proposal, with the exception that exemptions for operators of other types operators-in-training before successfully different certifications for different of equipment, including cranes with a completing an evaluation. For example, capacities of cranes would no longer be rated maximum lifting capacity in the this provision would allow experienced required. The reference to ‘‘certified/ 5,000–35,000 pound range and cranes and certified operators to become licensed’’ is intended to encompass that are typically used for repetitive accustomed to performing new crane each of the certification options in the lifts, or are only used intermittently. In operations or operating somewhat standard (third-party certification or an adopting the existing rule, OSHA different equipment while being audited employer certification program) considered exempting such equipment evaluated by the employer for that as well as state or local operator and concluded that ‘‘many of the same licensing requirements. purpose, or to allow a newly hired hazards presented by larger cranes are The third element in the introductory operator to run the equipment while a present for cranes in [the 5,000–35,000 text of proposed paragraph (a) refers to new employer gauges the operator’s lb.] capacity range’’ (75 FR 48016). the employer’s duty to assess the crane knowledge, operating skills, and Similarly, OSHA concluded that the operator to ensure that an operator has training needs. In addition, experienced underlying causes of crane fatalities and the skills, knowledge, and judgment to operators who are not certified could injuries did not necessarily decrease for safely operate equipment. The proposed operate the equipment when all cranes used for duty cycle work (Id.). duty to evaluate operators is similar to operator-in-training requirements are Proposed paragraph (a)(3) would the duty in the existing standard at met. preserve an existing provision that § 1926.1427(k)(2)(i), which specifies The proposal recognizes that on-the- states that non-uniformed personnel interim duties that are required until job training is an important component employed and qualified as operators by they are scheduled to be phased out of gaining the practical operating the U.S. military meet the licensing/ once operator certification requirements experience necessary to safely operate a certification requirements of become effective on November 10, 2018. crane and to pass a competency § 1926.1427. OSHA moved this OSHA is proposing to maintain this evaluation. Moreover, based on the provision from the other certification/ employer duty permanently but re- stakeholder discussions noted above, qualifications options because it locate it to paragraph (a) to clarify the many employers who train new operates as an exception: It specifies standard’s requirements. In addition to operators require them to complete that no certification/licensing or the existing requirements in operator certification at the beginning or training obligation for construction § 1926.1427(k)(2)(i), the proposal has in the middle of their training program, employers is needed beyond verifying requirements for the individual who while employer evaluation of that the employee is employed by, and performs the evaluation and competency is generally a later step in qualified by, the military. For the requirements for documenting the the process and may occur many times purpose of confirming that a military evaluation. The proposal retains the over an operator’s career. Therefore, operator has the basic crane knowledge existing standard’s duty for employers OSHA believes that permitting an and operating skills required through to re-evaluate operators when necessary operator-in-training to operate licensing and certification, OSHA defers (see current § 1926.1430(g)(2)), but equipment under the conditions to the operator qualification process of moves it to the evaluation section to specified in paragraph (b) is appropriate the U.S. military as the employer. clarify the requirements (see full and necessary to ensure the safety of However, the military qualification is discussion of proposed paragraph operators-in-training while they train for not portable: An operator must comply (f)—Evaluation below.) competency evaluations by employers. with all of the provisions of the crane

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standard whenever he or she operates § 1926.1427(f)—Pre-qualification/ Training for equipment where equipment for an employer other than certification training period, sets forth certification or qualification is required the U.S. military. OSHA requests the limited conditions under which an by this subpart, although under the comment on this proposed paragraph operator-in-training can safely operate proposed standard this duty continues regarding whether the relocation of this equipment before being certified. after the operator-in-training is provision is appropriate and if it is clear Secondly, § 1926.1430—Training determined competent by employer that this is an exclusion from all Requirements, centralizes the triggers evaluation when the operator operates qualification and training requirements for operator training requirements, new equipment or performs tasks that of this standard, not just certification. including those for re-training. As require new skills or knowledge. An discussed in the explanation for this individual may be a fully certified and Paragraph (b) Operator Training section, OSHA is proposing to remove evaluated operator with respect to one The requirement for employers to the substantive operator training piece of equipment such that he or she train and evaluate operators before requirements from § 1926.1430 and is allowed to operate that equipment permitting them to operate equipment is replace them with a cross-reference to independently, but simultaneously be contained in paragraph (a) of the proposed § 1926.1427(b) so that the an operator-in-training (and thus subject proposal. Proposed paragraph (b) would substance of the training requirements to the operating restrictions in the set forth minimum requirements for for operators, as well as all operator-in- standard) with respect to different training, specify requirements for training requirements, would be under equipment or tasks that require trainers, and establish limitations on the one section. Relocating the requirements significantly different skills or scope of activities for operators-in- of § 1926.1427(f) would also ensure that knowledge. training. This proposed paragraph the organization of the crane operator Current section 1926.1427(j)— would specify the conditions under requirements corresponds with the Certification criteria specifies the which an individual may operate a order of a typical operator competency mandatory subject matter for third-party crane prior to acquiring certification or program—i.e. initial training generally licensing and certification, as successfully completing an employer precedes certification and an operator recommended by C–DAC. It requires a evaluation. These training provisions being determined competent by written and a practical test. are intended to provide a safe avenue employer evaluation. Subparagraph (j)(1)(i) specifies areas of for employees to gain experience The introductory text in proposed information that must be covered by the operating cranes. paragraph (b) would require the written certification test for the type of The proposed training requirements employer to provide operators-in- crane that an individual will operate, of paragraph (b) would clarify that training with sufficient training to such as controls, operational/ employers must continue to address ensure that they develop the skills, performance characteristics, load operator training needs after the knowledge, and judgment necessary to calculations, and ground conditions. operator has been certified and safely operate equipment to perform This subparagraph also references a demonstrated competency through work. In addition, this proposed more comprehensive list of areas of employer evaluation on specific requirement would specify that training technical knowledge in Appendix C— equipment. Proposed paragraph (b) must include a combination of formal Operator Certification: Written differs from the training requirements in and practical instruction. Examination: Technical Knowledge the existing standard because the OSHA notes that this paragraph (b) Criteria. Subparagraph (j)(2) identifies proposal would clarify that the does not mean that employers must the operating skill areas that must be employer’s training duty is both provide novice-level or redundant covered by the practical certification equipment-specific and task-specific, training when they hire an experienced test. and extends until the employer has operator as a new employee. Employers OSHA preliminarily concludes that satisfactorily evaluated the operator-in- must determine what level of practical operators-in-training should continue to training in accordance with proposed and formal training an operator-in- receive training in the subject matter paragraph (f)—Evaluation, or if any training would need under proposed identified in this section as retraining or subsequent training is paragraph (b). Ultimately, the methods recommended by C–DAC. However, required to perform the assigned tasks. chosen must be effective and responsive OSHA is proposing to relocate the The proposal recognizes that even a to each operator’s training needs. requirement in § 1926.1430(c)(1) to certified and evaluated operator may OSHA is proposing to remove the proposed § 1926.1427(f) so that the need additional training to safely introductory text in existing paragraph requirements for operators-in-training operate new equipment or perform (f). The existing introductory paragraph may all be found in one place. New significantly different types of lifts. contains the requirement that a non- language in proposed § 1926.1430— Therefore, the employer’s duty to train certified employee may only operate as Training, discussed separately below in remains an ongoing responsibility that an operator-in-training within the this preamble, would reference must be met as the operator’s operating limitations of paragraph (f), which proposed paragraph § 1926.1427(a) and experiences expand. In contrast, the would be supplanted by the language in (b) rather than repeat the same existing standard is not as clear (except proposed paragraphs § 1926.1427(a)(1) requirement. when an individual’s deficient and (b). Proposed paragraph (b)(2) requires the operating performance or crane Most of the specific training employer to ensure that a trainer knowledge triggers re-training) that the requirements in proposed paragraph (b) continuously monitors operators-in- employer’s duty to train extends beyond would be identical or similar to the training during all crane operation. This when the individual is certified and existing training requirements. Proposed requirement is identical to the existing evaluated. This proposal clarifies that paragraph (b)(1) requires the employer requirement for continuous monitoring the employer’s duty to train is aimed at to provide the operator-in-training with under existing paragraph (f)(3). ensuring that the employee can safely instruction on the subjects in paragraph Proposed paragraph (b)(3) requires the use the equipment that will be operated. (j). This requirement is identical to the employer to assign the operator-in- Existing training requirements are requirement in existing training only tasks that are within his or distributed between two sections. First, § 1926.1430(c)(1)—Operators-in- her ability. This requirement is

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substantively identical to the paragraph (f)(3) of the existing standard. certified individual or one that has requirement under current paragraph Proposed paragraph (b)(4)(i)(A), which merely passed the written certification (f)(2). OSHA is proposing minor changes requires the trainer to be the employee exam. For these reasons, allowing only to the language of this requirement to or agent of the operator-in-training’s certified operators in these training clarify that it is the employer’s duty to employer, is identical to existing roles, on its face, appears to be assign tasks to the operator-in-training. subparagraph (f)(3)(i). inconsistent with an industry practice of OSHA is also proposing to relocate the Proposed paragraph (b)(4)(i)(B) pairing inexperienced operators with requirements of existing paragraph requires that the trainer must ‘‘have the experienced trainers who monitor the (f)(1). The existing paragraph requires knowledge, training, and experience safety and professional development of the employer to provide each operator- necessary to direct the operator-in- the inexperienced operator. in-training with training sufficient to training on the equipment in use.’’ This Third, OSHA concluded that passing operate safely under the limitations of requirement is different from the a written certification test is not a existing paragraph (f). Its requirements requirements of existing paragraph definitive indicator of safe training are retained in proposed paragraphs § 1926.1427(f)(3), which requires a practices in the industry and requiring (b)(1) and (b)(3), which state that the trainer to either be a certified operator certification of all trainers could operator-in-training must be trained on or to have passed the written part of a significantly alter many existing work the subject matter specified in certification test and have familiarity practices in the industry. Stakeholder paragraph (j) of this section and may with the equipment’s controls. This feedback suggests that many different only perform tasks that are within his or proposal recognizes that some trainers employees or agents of an employer fill her abilities. without certification may be competent the role of a trainer under certain Proposed paragraph (b)(3) retains the to teach or monitor the equipment circumstances. Some formal training limitations specified in existing operations of an operator-in-training. might be administered by someone with paragraph (f)(5), which preclude OSHA is proposing this change for extensive knowledge of a particular operators-in-training from operating three reasons. First, OSHA has make and model of crane. For example, equipment next to energized power preliminarily concluded that merely some crane manufacturers offer lines; from hoisting personnel; or from requiring the trainer to have passed the technical training to their customers performing multiple-equipment lifts, written part of a certification test is regarding the operation, maintenance, multi-lift rigging operations, or lifts over insufficient to confirm a trainer’s ability and troubleshooting of cranes they sell shafts, cofferdams or in a tank farm. to train other operators. Existing (see Reports #4, 5, 13 of ID–0673). On- OSHA previously determined in the paragraph (f)(3) presumes that all the-job training, by contrast, is often 2010 final rule that these equipment certified operators or individuals who administered by a seasoned crane operations and worksite conditions are passed only written certification tests operator with years of experience (see too complex, or present such heightened have the skills to monitor an operator- Reports #1, 2, 19, 23, 28 of ID–0673) or risks, that it would be unreasonably in-training, but as explained above, in some cases by a retired operator (see dangerous if an operator-in-training OSHA now believes that certification Report #26 of ID–0673). In addition, an were to operate the equipment in these alone is insufficient to ensure that employer might employ an experienced circumstances (75 FR 48024). However, operators are competent to safely safety manager, foreman, or site OSHA is considering revising these operate a crane. Under this proposed manager to monitor some work limitations because they may have the rule, even after the basic crane activities, or an experienced small effect of preventing operators from knowledge and operating skills of business owner might fill the role of gaining the experience necessary to operators have been confirmed through trainer in some cases (see Reports #1, 2, conduct these lifts. It appears that even certification testing, employers must 15, 26 of ID–0673). And OSHA spoke certified operators may lack the still determine through evaluation if with three companies that offer other experience to perform crane operations operator training already provided is employers private training from listed in § 1926.1427(b)(3), particularly sufficient or if more is necessary, based experienced operators who are also if the operator is subject to the operator- on the complexity of equipment that qualified instructors (see Reports #20, in-training prohibitions until he or she will be used and activity that will be 21, 22 of ID–0673). In sum, stakeholders is evaluated for competence at that skill. performed. Thus, requiring an reported that some individuals who OSHA requests public comment on individual to pass a written certification have the necessary knowledge, training, whether such restrictions are still exam appears to be likewise insufficient and experience to direct the operator-in- appropriate or whether they unduly as the sole criterion for confirming a training do not possess a certification restrict the employer’s discretion to trainer’s ability to monitor and train an and possibly could not pass formal allow experienced but uncertified, or operator-in-training. testing for a variety of reasons. certified but unevaluated operators, the Second, OSHA has preliminarily Thus, although some public opportunity to participate in even concluded that, using certification as commenters at the March 31–April 1, monitored, on-the-job training for those the sole criterion could actually impose 2015 ACCSH meeting supported activities. The agency is particularly barriers to proper training to the extent requiring trainers to possess a interested in comments addressing how it excludes individuals who have certification, OSHA proposes to adopt employers have identified and extensive operating experience and language similar to the requirement in evaluated operators for these tasks, both familiarity with the controls of ASME B30.5 (2014) at 5–3.1.2(e) that before and after the 2010 rule took particular equipment operated but may training be performed by a ‘‘designated effect. not possess a certification for it. The person who, by experience and training, Proposed paragraph (b)(4) prescribes careers of experienced operators may fulfills the requirements of a qualified minimum requirements for monitored naturally progress to training other person.’’ Under the proposed language, training of operators-in-training and operators as their physical abilities employers would have some flexibility trainers who monitor operators-in- begin to diminish. Under the existing in determining the level of knowledge training. Proposed (b)(4)(i) specifies trainer requirements, an experienced and experience that the trainer must requirements for the required trainer but uncertified operator may have to be possess based on the skill level of the which are similar to requirements in monitored by less experienced but operator-in-training and the nature of

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the activity performed. OSHA expects existing paragraph (f)(3)(iv), with minor trigger the requirement for reevaluation that in many cases, the trainer will simplifying language changes. The under proposed paragraph (f)(5) (see possess a certification. However, the proposal relocates this provision to an also preamble discussion below of proposal leaves open the possibility that independent subparagraph to clarify paragraph (f)—Evaluation). the trainer’s experience with the task that the employer has the ultimate Paragraph (c) Operator Certification and and equipment used could be sufficient responsibility for ensuring compliance Licensing for experienced personnel to provide with this requirement. This proposed training even absent a certification. For paragraph also provides an exception At the ACCSH meeting on March 31– example, an uncertified person who has for tower cranes; the trainer and April 1, 2015, ACCSH members significant experience operating the operator-in-training must be in direct unanimously recommended that OSHA particular equipment used during the communication with each other, but are move forward with a rulemaking that training may have more insight into the not required to maintain a direct line of retained certification while permanently function of its controls and the nuances sight because the height of the extending the employer’s duty to ensure of its operation than someone who is operator’s station may make it the competency of operators. Proposed certified for that type of equipment but infeasible. (See also, the discussion of paragraph (c) retains the certification has never operated that particular existing paragraph (f)(3)(iv) in the and licensing structure of the existing equipment. OSHA concludes that this preamble to the final cranes standard at standard with only a few minor performance-based language, which is 75 FR 48024). This exclusion is also modifications intended to improve similar to the qualified person substantively the same as existing comprehension of certification/licensing definition that is familiar to the paragraph (f)(3)(iv), with minor requirements. construction industry, could give simplifying language changes. First, OSHA proposes to move the employers the flexibility to select and Proposed paragraph (b)(4)(iv) requires military qualification provisions of assign trainers who are appropriate to that an operator-in-training be existing § 1926.1427(e)(4) to the the skills and needs of their operators- monitored while operating the proposed exception in paragraph (a), as in-training, while ensuring that these equipment at all times except for short noted earlier. trainers possess an ability to train breaks and retains the conditions Second, OSHA proposes to remove operators-in-training that goes beyond specified under existing paragraph (f)(4) the somewhat misleading reference to mere certification. for that monitoring. Proposed paragraph an ‘‘option’’ with respect to mandatory OSHA requests comment on this (b)(4)(iv)(A) requires that a break can compliance with existing state and local proposed revision of existing trainer last no longer than 15 minutes and can licensing requirements. When a state or requirements. Should OSHA retain the occur no more than once per hour. local government issues operator requirement that trainers possess a Proposed paragraph (b)(4)(iv)(B) licenses for equipment covered under certification or at least pass the written requires the employer to ensure that the subpart CC, and that government certification exam while adding a new trainer and operator-in-training licensing program meets the additional requirement that the trainer communicate about the tasks, if any, requirements specified in the standard, possess the knowledge, training, and that can and cannot be performed in the then employers must ensure that experience to direct the operator-in- trainer’s absence while on break. equipment operators are properly training? Should trainers also be Proposed paragraph (b)(4)(iv)(C) limits licensed when working in the state or evaluated under proposed paragraph (f)? tasks performed during the trainer’s local jurisdiction, even if the operator is Should certification alone be considered break to only those that are within the also certified by a nationally accredited sufficient evidence that an individual abilities of the operator-in-training. certification organization. has the knowledge, experience, and Proposed paragraph (b)(5) requires the The content of proposed paragraph training to be a trainer? Why or why employer to provide retraining when, (c)(1) is virtually identical to provisions not? If certification is not sufficient, based on the performance of the in existing § 1926.1427(e)(2), with one please provide specific operator or an assessment of the exception: Proposed (c)(1)(v). For a recommendations for additional operator’s knowledge, there is an more detailed explanation for the other qualifications. For example, if the indication that retraining is necessary. provisions in this paragraph, see the assertion is that a trainer should have This language is identical to the preamble to the final subpart CC rule for previous experience operating requirement in existing § 1926.1427(e)(2) at 75 FR 48021–23 equipment, it would be helpful to § 1926.1430(g)(2) but would be included (August 9, 2010). specify what kind of experience and in proposed paragraph (b) to consolidate Proposed § 1926.1427(c)(1)(v) states how much: Should a specific number of all substantive training requirements to that licensing must specify the ‘‘type, or seat hours be required? Should the extent practical for operators type and capacity’’ of equipment for experience with the same type of covered under § 1926.1427. Because the which the certification is applicable. equipment be sufficient, or should the requirements of § 1926.1430(g) apply OSHA is proposing this specification trainer have previously operated that more broadly to all employees covered that state and local licenses specify the particular equipment (and if so, for how by this standard, however, OSHA is not type of crane in order to clarify the long)? proposing to delete that requirement obligation under the existing standard Proposed paragraph (b)(4)(ii) prohibits from § 1926.1430(g). Thus, identical and facilitate enforcement. In existing the trainer from performing any task language will appear in two different § 1926.1427(e)(2)(i), OSHA requires a that detracts from his or her ability to paragraphs of the proposed standard. licensing program to include at monitor the operator-in-training. It is This retraining requirement is minimum, an assessment of the identical to existing paragraph (f)(3)(iii). consistent with the retraining described knowledge and skills listed in paragraph Proposed paragraph (b)(4)(iii) requires as already implemented by employers (j). Paragraph (j)(1)(i) requires an the operator’s trainer and the operator- who spoke with OSHA during individual to know the information in-training to be in each other’s direct interviews and site visits (see Reports necessary for safe operation of the line of sight, and that they communicate #1, 2, 3, 15, 18, 19, 22, 26 of ID–0673). specific type of equipment the verbally or with hand signals. This Note that the need for retraining under individual will operate. If the license requirement is substantively the same as proposed paragraph (b)(5) would also does not identify a specific type of

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equipment, it is more difficult to existing rule, except that OSHA cost to the employees. The requirement determine whether the operator combined the requirements of those would also be consistent with the way possesses the knowledge required under three paragraphs into one paragraph and in which OSHA assessed costs in the (j)(1). OSHA solicits comments on clarified some of the language to 2010 economic analysis. In the final whether compliance with this facilitate better comprehension of state economic analysis of subpart CC, OSHA requirement would necessitate a or local government entity modeled all of the costs for compliance significant change to any state or local requirements. with the existing certification licensing program. Proposed paragraph (c)(2) specifies requirements as if all employers always The ‘‘type, or type and capacity’’ the certification requirements for two paid for the certifications they provide language was requested by Crane remaining situations: The construction for operators. Note, however, that this Institute Certification and recommended occurs in a state or local jurisdiction provision would not mandate an by ACCSH. The language was proposed that does not require licensing of employer to maintain its employment of to make clear that while all certifying equipment operators, or the an employee/operator who cannot pass bodies must certify by type of crane in construction occurs in a state or local certification testing or who is not a good order for their certifications to meet jurisdiction where the licensing operator candidate. Furthermore, an OSHA’s requirements, they may also program does not meet the ‘‘federal employee who does not possess a choose to specify different levels of floor’’ of requirements established in certification may still be allowed by the crane capacity for their certifications. this standard. In each of those employer to operate a crane indefinitely, Although OSHA is proposing this situations, the operator would have to but only as an operator-in-training and language as requested, it invites be certified in accordance with through the employer’s compliance with comment on whether the language ‘‘or proposed paragraph (d) (third-party all requirements of proposed paragraph type and capacity’’ should be removed certification) or (e) (audited employer (b) of this section. in the final rule. OSHA would recognize program) of this section. Proposed a certification that lists the type of crane paragraph (c)(2) is identical to existing Proposed Paragraph (c)(4)—Single on which an operator has been certified, § 1926.1427(a)(2), except that it Entity Permitted To Provide Training whether or not it also lists a capacity, as references only the paragraphs and Testing a compliant certification (assuming that containing criteria for certification by an Proposed paragraph (c)(4) would the certification also meets the accredited testing organization and an retain, without change, the content of requirement of this standard). For audited employer program—and not the existing § 1926.1427(g), which states example, if a crane operator certification option for qualification by the U.S. that a testing entity is permitted to showed that an operator was certified to military which would be addressed as a provide training as well as testing operate a tower crane, the certification scope exclusion in proposed paragraph services as long as the criteria of the would be valid because it lists the type (a)(3). Proposed paragraphs (d) and (e), applicable accrediting agency (in the of crane on which the operator was discussed later, correspond to existing option selected) for an organization certified. Whether the capacity of the paragraphs § 1926.1427(b) and (c), providing both services are met. crane was also listed would not affect respectively. Paragraph (d) Certification by an whether OSHA would consider the Accredited Crane Operator Testing certification compliant. OSHA invites Proposed Paragraph (c)(3)—Employer Organization comment in particular on whether Payment for Certification and Licensing including ‘‘capacity’’ in this provision Proposed paragraph (c)(3) would As noted above, proposed paragraph could confuse the industry as to require employers to provide the (c)(2) provides two options for whether capacity is required for a state required certification or licensing at no certification: Compliance with proposed or local license to be valid under cost to employees. This proposed paragraph (d) (third-party certification) § 1926.1427, particularly in light of the requirement is almost identical to that or proposed paragraph (e) (audited fact that one purpose of this proposal is of § 1926.1427(a)(4) of the existing rule, employer program). Compliance with to remove the capacity requirement except that it has been revised to clarify the requirements of proposed paragraph from certification (see the Need for a that it applies to all operators certified (d) is the option that OSHA expects the Rule section above). or licensed after the effective date of the vast majority of employers to use. In the existing standard, OSHA frames new standard, not just those operators Proposed paragraph (d) retains, with the state/local licensing process through who were ‘‘employed by the employer some non-substantive language a structure parallel to the model in on November 8, 2010,’’ as existing clarification and two exceptions which third-party certification § 1926.1427(a)(4) states.9 This proposed discussed below, the requirements of organizations are accredited by a requirement would then be in line with, existing paragraph § 1926.1427(b). nationally recognized accrediting body. and be enforced similarly to, other First, the most significant change is In the proposed rule, OSHA’s approach OSHA provisions that require that the proposal replaces the references would be simpler: Proposed paragraph employers to provide personal to certification by ‘‘type and capacity’’ (c)(1) would directly require states or protective equipment, medical that appear in existing sub-paragraph localities to meet certain criteria in examinations, or other functions at no (b)(1)(ii)(B) and (b)(2) with ‘‘type, or order for their operator licenses to be type and capacity’’ as recommended by enforceable by OSHA. If these minimum 9 Existing § 1926.1427(a)(4) requires employers to ACCSH (see OSHA–2015–0002–0037 ‘‘federal floor’’ criteria are not met, then provide ‘‘the qualification or certification’’ at no pg. 71). The need for this change is OSHA would deem those licenses cost to the employees. Because existing explained in the ‘‘Need for a Rule’’ § 1926.1427(a)(1) mandates that employers ensure insufficient and would not require that all operators are ‘‘qualified or certified to section of this preamble. This proposed employers to comply with those operate the equipment in accordance with the revision will remove the requirement to licenses. following,’’ the required state or local licensing obtain a certification for a designated The remainder of the requirements of must constitute a form of qualification or crane capacity, but also clarify in certification. Thus, employers are currently proposed paragraph (c)(1) are required to pay for state or local licensing of their regulatory text that OSHA considers substantively the same as those in operators when those licenses are required by testing organizations whose programs §§ 1926.1427(a)(1), (a)(2), and (e) of the OSHA. provide certifications that specify ‘‘type

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and capacity’’ equally acceptable. One explained that their operator focuses on OSHA’s rationale for when testing organization expressed concerns competency programs provide their and how the evaluations would be that the clarification is needed to operators with updates regarding any conducted. OSHA’s goal in proposed prevent confusion about this particular new information about equipment and paragraph (f) is to give employers certification requirement. OSHA’s changes to federal, state, and local flexibility to conduct evaluations in the concerns about adding this language are government regulations as well as any course of normal business, but at the noted above in the preamble discussion changes in company policies. None of same time to provide enough specificity for paragraph (c)(1), and the Agency these employers expressed concerns to ensure that an evaluation satisfies the seeks comment on whether to include about operators losing their basic minimum criteria necessary to ensure the language ‘‘type, or type and knowledge and operating skills after safe operators. OSHA requests comment capacity’’ in this standard. periods of inactivity. on the proposed process for crane Second, the proposal does not include operator evaluation, and, as explained Paragraph (e) Audited Employer the reference in existing § 1427(b)(2) to in more detail below, any of the specific Program an employee being ‘‘deemed qualified’’ requirements of this proposed to operate equipment under certain The substantive content of proposed paragraph. conditions if no accredited testing paragraph (e) is the same as existing Proposed paragraph (f)(1) requires organization offers certification § 1926.1427(c). It sets out the parameters employers to evaluate their operators examinations for a specific type of for a nonportable certification program and specifies the two goals of the equipment. Instead, the proposal states administered by the employer and evaluation: Ensure that the operator has that the operator would be ‘‘deemed audited by a third party. The proposed (i) the necessary skills, knowledge, and certified.’’ The latter proposed change changes to the regulatory text for the judgment to safely operate the actual would help to avoid the misconception audited employer program are to equipment that will be used, and (2) the that an operator could be considered remove the word ‘‘qualification’’ and to ability to safely perform the assigned competent to safely operate equipment replace three cross references with work. These performance-based without also being evaluated and updated references to their new evaluations are intended to be more determined competent by the operator’s locations in the proposed rule. directly focused on the operator’s actual employer.10 All other provisions in OSHA’s proposal to remove the work than the general knowledge and proposed paragraph (d) are unchanged reference to ‘‘qualification’’ from the skills tested during the certification from existing paragraph (b), and heading of the paragraph changes the process. discussion and justification of these product of the employer program from In developing the performance-based provisions can be found in the preamble a ‘‘qualification’’ of the operator to a evaluation criteria, OSHA considered to the final cranes standard (75 FR ‘‘certification’’ of the operator. OSHA is the training requirements in the 48017). OSHA solicits comment on the removing the reference to powered industrial truck operator proposed changes encompassed in ‘‘qualification’’ because of the training standard at subpart O—Motor proposed paragraph § 1926.1427(d). misconception by some that it signaled Vehicles, etc., § 1926.600, which OSHA is considering deleting the full competency, rather than its incorporates the requirements of requirement for operator recertification intended meaning as an equivalent to § 1910.178(l). That standard requires the every five years and solicits public certification. The employer audited employer to evaluate a powered comments about whether this program would continue to be an industrial truck operator’s performance requirement is necessary, or alternative to certification by an as it relates to several topics at least alternatively, whether compliance with independent third party. once every three years. Powered proposed §§ 1926.1427(b)(5)— Three cross references would be industrial trucks share many of the same Retraining, and 1926.1427(f)(5)—Re- changed. First, the reference in existing operating hazards as cranes, such as evaluation, would be sufficient to § 1926.1427(c)(1)(i) to ‘‘paragraph (b)’’ those related to ground conditions, load ensure operators continue to operate will be revised to ‘‘paragraph (d)’’ in the limits, and hazards in the area cranes safely after being certified, proposed rule. Second, the reference in surrounding the equipment. But trained, and evaluated. During its many existing § 1926.1427(c)(1)(ii)(A) to powered industrial trucks are generally conversations with stakeholders about ‘‘paragraph (b)’’ will be revised to far less complex, smaller, and less crane operator mentoring and periodic ‘‘paragraph (d).’’ Finally, the reference hazardous pieces of equipment in terms assessment, OSHA heard that frequent in existing § 1926.1427(c)(4) to of the extent to which they expose other monitoring, employer feedback, and ‘‘paragraphs (c)(1) and (2)’’ will be employees to their risks. assessment of an operator’s proficiency revised to ‘‘paragraphs (e)(1) and (2).’’ OSHA considered, but has on the job are industry-recognized work OSHA solicits comment on the preliminarily decided against specifying practices (see site visit discussion in proposed variations from the existing particular operator skills that the Background section). Similarly, most § 1926.1427(c). employer must evaluate because those employers who spoke with OSHA skills could vary significantly based on Paragraph (f) Evaluation the complexity of the equipment and 10 OSHA had included the ‘‘deemed qualified’’ Proposed paragraph (f) sets out work to be performed. Almost all language simply as a means of clarifying that an specific requirements that employers employers OSHA spoke to said that operator would be considered qualified to operate a crane of the same capacity or less than the one must follow to conduct an operator when they observe operators handling on which the operator was tested. The use of evaluation, including evaluation loads at construction work sites they ‘‘qualified’’ instead of ‘‘certified’’ at that time was criteria, minimum qualifications for the can tell whether the operators appear mean to reflect the varying paths to compliance person conducting the evaluation, competent. At worksites, most with the standard: Certification through a third party or employer-audited program, or other documentation, and re-evaluation employers are accustomed to assessing qualification through a state or licensing program or requirements. operator skills because having meeting the requirements specified by the U.S. The rationale for proposing the competent operators that can safely and military. In this proposed rule, OSHA has evaluation requirement is explained productively handle loads quickly, simplified the language of the standard to refer to certification, so ‘‘deemed certified’’ now conveys earlier in the ‘‘Need for a Rule’’ section smoothly, and without corrections, the same meaning. of this preamble; the discussion here eliminates injuries and reduces costs.

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Operators who move the load too Stakeholders who spoke with OSHA cover the majority of crane operations quickly or repeatedly make sharp, said that most employers are already but not be duplicative of the subject corrective steps may not have full able to determine the subject matter and matter tested during the operator control over the load at all times, which crane knowledge that their operators certification process? OSHA also, can lead to worker injuries and need to safely perform hoisting requests comments regarding whether increased costs. But OSHA’s analysis of activities with their cranes. Although ‘‘judgment’’ should be included as a the ACCSH public comments confirmed operator competency evaluations quality of an operator that should be that it would be difficult to capture in conducted by many employers may considered when employers evaluate a regulatory scheme all criteria already exceed that of certification operator competency. Is there a better necessary to determine an operator’s testing, compliance with this proposed concept or term that captures that aspect ability to safely operate a type of crane provision would ensure that all operator of an operator’s ability to apply his or for all possible conditions on a evaluations cover subject matter that is her knowledge and skills to make construction site. specific to the equipment used and the determinations related to the overall For these reasons, the proposed rule construction activities performed. safety of crane operations? retains the performance-based character OSHA’s proposed requirement for work- Proposed subparagraph (f)(1)(i) also of the existing evaluation requirements specific skills, knowledge, and specifies that the operator’s knowledge, in § 1926.1427(k)(2)(i), but makes clear judgment should help to encourage skills, and judgment must be ‘‘specific that the operator must possess the consistency throughout the industry in to the safety devices, operational aids, software, and the size and configuration necessary skills, knowledge, and confirming the basic knowledge and of the equipment.’’ This list of judgment to operate ‘‘the equipment’’ operating skills of all operators in equipment characteristics, which safely. The skills, knowledge, and construction work. As explained in the stakeholders identified as critical for judgment must be relevant to the actual Background section, certification tests safe operation, is not comprehensive, crane or other covered equipment to be conducted by accredited testing but would provide employers guidance used. Employers must ensure that the organizations are not designed to about some basic characteristics of operator demonstrates his or her function as the evaluations required by this proposed section and the equipment that might require different knowledge of essential crane-related certification subject matter would most levels of knowledge and operating information and applies it to operate likely not cover all that is needed to skills. For example, the employer must that crane safely. This information assure safe crane operations on specific verify that the operator knows enough consists of facts and characteristics of construction sites. For example, a about how the safety devices, equipment and operations, which can certification test may examine a operational aides, and software work on be learned in a classroom setting, and potential operator’s knowledge of a particular crane. The operator must be hands-on knowledge of equipment ground conditions suitable for a able to apply that knowledge to operation and hoisting techniques, particular type of crane, but not recognize when the particular learned at work sites. For example, the examine whether an operator can characteristics of the equipment may operator must not only know what each assemble the specific type of crane that contribute to potentially unsafe control does and where it is located, but will be operated on those ground conditions or operations and use good also how and when to use particular conditions. judgment to determine how to safely controls or operational aids. Much of Proposed (f)(1)(i) also requires proceed. Such a determination might the subject matter on which the employers to evaluate the operator’s include using operating skills to safely operators must be evaluated is specified judgment. An equipment operator, as a land or maintain a suspended load, or in the testing criteria listed in paragraph designated competent person, must simply refusing to hoist the load until (j), but it is critical to ensuring safety frequently make determinations the safety issue is addressed. that the employer evaluation is regarding the safety of crane operation. OSHA is including equipment equipment and task-specific. For The term ‘‘judgment’’ used in this software in this list because many example, an experienced and certified proposed provision refers to not only an stakeholders noted that operators must operator may have previously operator’s ability to apply the have the skills to use a computerized demonstrated the ability to lift a crate of knowledge and skill that he or she operating system if the crane has one materials onto a roof using one crane, possess, but also an operator’s ability to (Reports #2, 4, 18, 21 of ID–0673) and but if the company gets a new crane that recognize risky or unusual conditions that specific operating systems (Reports has different controls the employer that call for additional action such as re- #4, 9, 13, 18, 19, 21, 22, 24 of ID–0673) would need to evaluate the operator’s evaluating a lift plan, stopping work, or or cranes by different manufacturers knowledge and skill at using the new asking for the help of another competent (Reports #4, 6, 13, 16, 18, 21, 24 of ID– controls in the new crane (note that the and/or qualified person. The term 0673) can require different skills or employer would not need to re-evaluate ‘‘judgment’’ connotes the ‘‘successfully knowledge. Indeed, newer cranes often the operator’s general knowledge about demonstrated ability’’ of a ‘‘qualified have integrated computer systems to crane operations). If a less-experienced person,’’ as defined by OSHA’s protect workers and the crane. operator has already been evaluated for standards in § 1926.1401, ‘‘to solve/ Operators must understand how these operation of a new model of crane, but resolve problems relating to the subject systems prevent damage to the crane, has only used that equipment to hoist matter, the work, or the project’’ and the especially if the crane can be operated packaged materials, the employer would capability of a ‘‘competent person’’ to with the system turned off. That is not likely need to evaluate the operator’s identify ‘‘existing and predictable the only issue with newer cranes that ability to control a wrecking ball hazards.’’ may require evaluation. One attachment before allowing that operator OSHA solicits public comments about construction company that also to use the wrecking ball in a demolition the decision not to provide more provides crane operator training noted project (note that the employer would specific objective criteria for evaluation that the materials used to make some not need to re-evaluate that operator’s of crane operators. If specific criteria new cranes can be more ‘‘brittle,’’ knowledge of the controls or general should be specified, what should be meaning that they have reduced safety operation of the crane). required for all operators that would factors and allow for less room for error

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(Report #21 of ID–0673). Exceeding characteristics that vary according to a different company that has the controls these operating tolerances can lead to number of factors that can (but not in different places but is otherwise the structural equipment failure such as a always) correspond to a different same. The employer’s evaluation could crane collapse or tipover, so evaluating ‘‘capacity,’’ including boom length, focus exclusively on the operator’s operators to ensure that they understand attachments, use of a luffing jib, and familiarity with the controls in their how to avoid exceeding specified counterweight set up, as explained different locations. tolerances is critical. above. Equipment ‘‘capacity’’ OSHA requests public comments on OSHA is including boom length in the accordingly could impact an operator’s the decision to include, and the list of characteristics because longer ability to safely control the load at a appropriateness of listing examples of, booms may require specialized depth worksite because variations in capacity factors that can affect an operator’s perception skills or may be harder to can significantly change operation of the ability to safely operate a crane. Are control (Reports #2, 3, 22 of ID–0673). crane. Thus, while employers need not there examples of other factors, safety OSHA notes that at least one have their operators certified by devices, or configurations that should be certification testing organization uses capacity under the proposal, they must included in the regulatory text or noted different boom lengths as a proxy for account for differences in crane capacity in the explanation of the rule? Instead changing the capacity of the crane when evaluating their operators. of the examples provided in proposed because the boom length can have a Employers must consider still other § 1926.1427(f)(1), is there a definitive significant impact on the performance of differences with respect to operating the list of characteristics of equipment that the crane (see OSHA–2007–0066–0521, equipment. An operator who previously should be minimally required for p. 268–69). demonstrated competence in operating a competency evaluations of all operators The stakeholders OSHA interviewed small crane to hoist materials to and off that would cover the majority of crane also identified crane configurations of buildings being demolished does not operations typically performed by (Reports #4, 6, 11, 18, 19, 20, 21, 22, 25 necessarily have the knowledge and operators? of ID–0673); the use of attachments operating skills needed to safely swing Several stakeholders who spoke with (Reports #6, 18, 19, 20 of ID–0673); and a wrecking ball to demolish the same OSHA recognized other skills that they the use specific safety devices and building. The physics of swinging a believe are important to crane operator operational aids such as those listed in wrecking ball into a building, which can safety. These included mastery of set-up § 1926.1416 Operational aids (Report lead to equipment failure due to side or building and dismantling the #21 of ID–0673) as important crane loading or shock loading the boom, are characteristics that can require unique different from smoothly controlling a equipment (Reports #3, 4, 5, 15, 16, 17, skills, knowledge, or judgment. An load, which does not present these 18 of ID–0673), rigging (Reports #2, 6, operator’s ability to handle the hazards. Similarly, an operator who has 15, 17, 18 of ID–0673), signaling equipment’s particular size and operated a crane in support of pile (Reports #2, 6, 15, 14, 18 of ID–0673), configuration, which include lifting driving work, using pile driving inspections (Reports #5, 13, 15, 17 of capacity, boom length, attachments, use attachments, does not necessarily have ID–0673), and lift planning (Report #18 of a luffing jib, and counterweight set up the skills necessary to smoothly control of ID–0673). Some employers also is essential to crane safety at worksites. and place steel members suspended by emphasized the importance of driving For example, one crane rental company multi-lift rigging or to safely control a skills for mobile cranes (Reports #2, 3, employer noted that sorting cranes by suspended personnel platform. 6, 9 of ID–0673). OSHA considered capacity alone is challenging because Based on the information collected to requiring the evaluation to cover these configurations, such as whether the date, it would be very difficult, if not crane-related skills, but ultimately did crane has a basic boom, a specialized impossible, to specify in regulatory text not include them in the proposed boom for heavy lifts, or a luffing jib, a definitive list of minimum equipment requirements for several reasons. To affects the skills needed to run the crane characteristics that an operator some degree they are broadly applicable (Report #6 of ID–0673). For these competency evaluation must cover to knowledge requirements that are not reasons, OSHA is including examples of ensure operators are competent to safely necessarily equipment-specific and are crane configurations for employers to operate equipment in all of its possible therefore already appropriately consider as factors for operator configurations. In addition, many public addressed as formal or classroom competency evaluations. commenters at the 2015 ACCSH meeting learning requirements for certification Although OSHA has preliminarily explained that it would be very testing subject areas in paragraph (j) and determined, for the reasons above, not burdensome and costly for them to non-mandatory Appendix C. In to require certification by capacity, make available and set-up equipment to addition, there are requirements for employers must consider crane lifting watch an employee safely operate the ground conditions, assembly and capacity as part of its evaluation of an equipment for all possible crane disassembly, signaling, rigging, operator’s knowledge, skills, and configurations and worksite activities. inspections, and power line work in judgment with respect to the size and Therefore, the proposed requirement other sections of subpart CC. Operators configuration of the equipment. Most of enables employers to focus on the may not be assigned to perform these the stakeholders who spoke with OSHA equipment used and the tasks to be activities unless they are trained to agreed that important differences in performed, and allows employers some safely perform activities in accordance individual cranes go beyond the type of flexibility in determining which with the applicable sections of subpart crane, and that different cranes will characteristics require separate CC. Similarly, over the road driving is often require different skills or evaluation. For example, once an regulated by federal and state familiarity to operate, even if they are employer has successfully evaluated an transportation authorities. OSHA the same type (Reports #1, 2, 3, 4, 5, 6, experienced operator using a hydraulic requests comment on whether these 9, 11, 13, 15, 16, 18, 19, 20, 21, 22, 23, truck crane with a clamshell attachment crane-related activities should also be 24, 25, 26 of ID–0673). In particular, a to scoop dirt, the employer could included in proposed paragraph (f)(1) as number of stakeholder comments conduct a very limited evaluation when examples of activities that might need to indicated that the same type of crane the operator is to perform a similar task be covered in the required evaluation of could have different safety-critical using a truck crane manufactured by a crane operators? Please provide your

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rationale and any information or data conditions. However, this employer also applicants for the company. These are you have to support your position. said that residential construction crane personnel with significant experience Proposed subparagraph (f)(1)(ii) operators might not gain necessary and training, including completion of requires the employer to evaluate the experience performing blind lifts or crane operator certification and rigger operator’s ability to perform hoisting lifting heavy/unstable loads that may be courses (Report #18 of ID–0673). In activities required for assigned work, typical to operating a crane on many other cases, the evaluations are including, if applicable, special skills commercial projects (Report #16 of ID– performed by other personnel such as needed for activities like blind lifts, 0673). A larger construction employer experienced riggers, maintenance personnel hoisting, or lifts involving stated that it includes job-specific personnel, signal personnel, or more than one crane. This list of components in its evaluation of tradesmen who have the necessary activities is not exclusive, but rather operators to ensure that operators have experience or training to conduct this provides examples of lifts for which an the ability to work on/around assessment (Reports #1, 2, 3, 6, 15, 16, employer must evaluate the operator’s underground utilities and power lines 20, 23 of ID–0673). Day-to-day ability. The words ‘‘if applicable’’ are (Report #18 of ID–0673). Finally, a crane assessment of an operator’s performance used to indicate that employers must operator training company noted that may be conducted by a qualified person evaluate operators only for the types of operators may require significant who is often a manager or foreman that lifts they will perform and not all practice to develop the ability to control is at the job site. (Reports #1, 3, 6, 18 possible variants of hoisting procedures. a dragline or performing operations with of ID–0673). A seasoned operator who As noted earlier, OSHA considered a clamshell or bucket attachment has been designated by the employer to the training requirements of the (Report #20 of ID–0673). mentor an operator-in-training may also powered industrial truck standard OSHA requests comment on all make determinations about when an (§ 1910.178(l)) as a model when aspects of proposed paragraph (f)(1). Are operator-in-training is ready to perform developing the evaluation requirements the components for evaluating an certain tasks, and may weigh in on the in this proposed standard. That operator’s ability in subparagraphs evaluation or confirm that an individual standard requires that employers (f)(1)(i) and (ii) sufficiently clear? Does is ready to operate without monitoring evaluate an operator’s ability to perform this requirement afford the employer (see, e.g., Report #2 of ID–0673). job-specific tasks that include sufficient flexibility to evaluate Stakeholders who spoke with OSHA ‘‘workplace-related topics,’’ and operators in the course of day-to-day offered competing recommendations refresher training when there are work? Why or why not? Please provide about whether OSHA should require changes in a workplace condition that any information or data you have to evaluators to be certified as operators. could affect safe operation of the truck support your position. Several employers who spoke with (§ 1910.178(l)). Proposed paragraph Proposed paragraph (f)(2) establishes OSHA stated that an individual may (f)(1)(ii) similarly requires the minimum criteria for the person who have the ability to evaluate an operator evaluation of an operator to cover the performs the required evaluation of an without being a certified operator workplace aspects of the operator’s job, operator-in-training. The evaluation (Reports #1, 6, 18, 20, 26 of ID–0673). including the specific hoisting activities must be conducted by an individual They indicated that evaluators may be that he or she will perform. who possesses the knowledge, training, safety managers or other senior Stakeholders who spoke with OSHA and experience necessary to assess employees with significant experience asserted that the performance of operators. This standard affords some working around cranes, but who might different types of work sometimes flexibility to employers. An evaluator not currently be certified (see, e.g., requires different skill sets. Many could be, for example, a current or Reports #1, 6, 18, 26 of ID–0673). Others employers currently evaluate their former operator who is also trained to may be specifically trained to evaluate operators based not only on their assess equipment operators. The key, operators. But at the May 2015 ACCSH knowledge and skills regarding specific however, much like the criteria for the meeting, several representatives from characteristics of the equipment, but person performing training and the crane industry asserted that also on their operators’ ability to evaluation of operators under the evaluators should be certified (OSHA– perform specific tasks with the powered industrial truck operator 2015–0002–0036). equipment (Reports #1, 2, 3, 4, 6, 9, 10, training standard (§ 1910.178(1)(2)(iii)), Based on information obtained from 13, 15, 16, 18, 19, 20, 21, 22, 23, 26 of is that the evaluator possess the the stakeholders, OSHA preliminarily ID–0673). Several of those stakeholders requisite knowledge, training, and concludes that it is not necessary to noted specific examples of operational experience for assessing an operator’s prohibit all non-operators or non- challenges that may require additional knowledge, skill, judgment, and ability. certified personnel from conducting operator skills to ensure safe operations. Such knowledge, training, and evaluations of operators. OSHA prefers One crane rental company stated that if experience is not necessarily the same to maintain employer flexibility in an operator who spends a year on a as the knowledge, training, and choosing who may perform the required large project with repetitive work is experience to perform the particular evaluation as long as those evaluators then moved to a different job that construction operations or processes have, or develop, the requisite involves different lifts and set-ups every oneself. assessment knowledge and experience. day, that individual may not be Stakeholders spoke with OSHA at site OSHA notes that the national consensus competent to do some of that kind of visits and meetings about how they standard for cranes (ASME B30.5–2014 work (Report #6 of ID–0673). A comply with the existing duty described Mobile and Locomotive Cranes, Chapter residential construction employer stated in § 1926.1427(k)(2)(i). Several of those 5–3) does not require or recommend that residential jobs can be especially companies specifically employ that evaluators of operators must be challenging to crane operators because individuals to assess operators (Reports certified by third party testing entities; lifts must be performed on previously #18, 22 of ID–0673). A large a ‘‘designated’’ person who qualifies disturbed soil, which can cause the construction company with a very operators must be a qualified person by cranes to lose stability and may robust and formal evaluation process experience and training but need not be necessitate special preparations and has ‘‘Authorized Examiners’’ who certified (B30.5, section 5–3.1.2(e)). operations under some worksite perform evaluations of operator Similarly, existing § 1926.1427(f)(3)(ii)

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requires that the trainer of an operator- the trainer and evaluator (Report #16 of explained, OSHA does not intend to in-training must have passed at least the ID–0673). require the additional evaluation of written part of a certification test, but A sole proprietor OSHA spoke with operators when it is not necessary, such does not require the trainer to be an followed a similar path when he first as when there are minor differences operator or be certified. Additionally, started operating cranes for a former between equipment models of the same employers who spoke with OSHA and employer, seeking out mentorship of an type that do not necessitate publicly commented at the May 2015 experienced operator before beginning substantially different skills, knowledge, ACCSH meeting expressed the view that to operate independently. When the or judgment to operate the crane safely. passing certification testing does not company later hired other operators, Therefore, OSHA proposes evaluation alone verify that an operator is this individual trained new operators requirements that would provide competent to safely operate a crane at and supervised them for at least a employers some flexibility when the worksite (see discussion in month before evaluating them (Report determining whether an additional Background section). And passing the #23 of ID–0673). evaluation is required. written portion of a certification test OSHA requests public comments on This flexibility is necessarily cabined, does alone not mean an individual has employers’ experiences evaluating however, by the employer’s duty to the ability to effectively evaluate the operators who have been trained and ensure that its operator’s skills, competency of an operator. But along made available through a third party, knowledge, and judgment are sufficient with other crane-related experiences, such as a labor organization or for safe operation of the jobsite. Some passing the written portion of temporary staffing agency, and whether employers explained to OSHA that they certification testing should be weighed this business practice presents any often need operators to operate very as evidence that a person may have the challenges for such employers. In order different sizes and configurations of the crane knowledge necessary to evaluate for the evaluation requirement to be type of equipment (or equipment of a crane operating competency. enforceable, OSHA must ensure that the different type) on which they evaluated evaluation duty always remains with OSHA requests public comments on the operator, to perform various tasks. the employer. OSHA therefore seeks whether the proposed criteria are (see Reports #2, 4, 6, and 22 of ID– comment on what additional conditions appropriate and sufficiently clear for the 0673). Even an experienced operator, or restrictions, if any, should apply if a person who must perform the required when assigned to operate a different temporary staffing representative or a evaluation. For example, are there other crane, may need time operating the labor representative evaluates an equipment under supervision to become criteria that the evaluator should operator on behalf of the employer. familiar with how to safely operate it. satisfy? Should OSHA require that the Besides the example of the temporary One owner/operator stated that when he evaluator be an operator, have been an staffing agencies and labor used different cranes in the past, even operator, or at least pass the written organizations, are there other people or if they were all boom trucks built by the portion of certification testing? Why or entities who are not employees of the same manufacturer, he found significant why not? OSHA is interested in public operator’s employer who might evaluate differences requiring a substantial comments on whether an individual can operators on behalf of an employer? amount of time familiarizing himself effectively evaluate an operator without Proposed paragraph (f)(3) permits the with the equipment before he had the having previously operated the same or employer to allow an operator to operate skills, knowledge, and judgment similar equipment. equipment other than the specific necessary to safely operate that The flexibility provided by the equipment on which the operator was equipment (Report #23 of ID–0673). proposal should address the concerns evaluated, as long as the employer can OSHA concludes that it is reasonable that it might be difficult for very small demonstrate that the new equipment that the employer may need to conduct employers to evaluate their own does not require substantially different an additional evaluation of the operator operators. (see Reports #17, 22 of ID– skills, knowledge, or judgment to before determining that the operator is 0673). Proposed paragraph (f)(2) would operate. An additional evaluation would competent to safely run a different piece allow employers the flexibility to be required before an operator would be of equipment alone (Reports #3, 6, 16, contract with a third-party agent to allowed operate equipment that requires 22 of ID–0673). conduct evaluations if the employer substantially different skills, knowledge, OSHA does not expect that the does not maintain the expertise on staff, or judgment to operate. evaluation requirement will be overly or to identify existing staff who may not OSHA believes this approach would burdensome for employers, particularly have operator experience but are address the concerns of some with the flexibility provided in capable of conducting an evaluation. stakeholders about unnecessary proposed paragraph (f)(3). One large OSHA wants to allow employers to competency evaluations while ensuring construction company, for example, continue to use effective and safe appropriate evaluations of operators. requires its operators to go through a solutions that they have already Many stakeholders warned that formal evaluation for any different identified and are in use. For example, unnecessary competency evaluations equipment that the operators are OSHA spoke with an employer that took could be very time consuming and assigned to run, even if the operators steps to qualify its first operator without burdensome without providing any real have already demonstrated competency, having an experienced mentor-operator benefit. Many employers who spoke through an evaluation, to operate other on staff. This was accomplished by with OSHA during meetings and site equipment (Report #11 of ID–0673). enrolling the operator-in-training in visits explained, for example, that they Another large national construction firm several classes, including a crane assign operators to run the same crane provides supplemental testing for manufacturer’s training and training every day, or to operate a crane from a different crane configurations (Report with the local union, and then arranging specific group of the company’s cranes #18 of ID–0673). And one stakeholder at for an experienced union operator to that are all very similar (Reports #1, 2, the March 2015 ACCSH meeting mentor the operator-in-training. Later, 3, 6, 13, 16, 19 of ID–0673). Others said explained that it requires a ‘‘seat when the employer hired additional that they permit their operators to run check,’’ an evaluation that may take a operators-in-training, the first operator, similar cranes interchangeably (see day or two, ‘‘every time that operator now experienced, was able to serve as Report #15 of ID–0673). As previously goes to a new machine . . . [w]e want

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to do the walk around inspection. We OSHA is also interested in public and available, even if it has not want to test him on what he’s absorbed comments regarding whether the previously been maintained specifically when we walked around . . . performance-based language of for regulatory compliance. Many includ[ing] safety checks, prestart and proposed paragraph (f)(3) is sufficiently employers who spoke with OSHA post-start’’ (see OSHA–2015–0002– flexible. Is there a more effective during meetings and site visits 0036, pg. 232–239). provision that should be considered for explained that they maintain a log or Although OSHA heard concerns from this purpose? record to track operator experiences, several public commenters that OSHA Proposed paragraph (f)(4) requires the certifications, and performance would require that an operator must be employer to document the evaluation of evaluations. For example, at least two evaluated on every crane that their each operator and to ensure that the employers reported that they issue cards companies might use, or in every documentation is available at the to evaluated and competent operators possible configuration (see public worksite. This documentation with information about those operators’ comments OSHA–2015–0002–0036), requirement is similar to documentation qualifications. (Reports #11, 18 of ID– OSHA has not proposed such a rule. requirements in other OSHA standards 0673). Others use written records to Furthermore, these commenters appear that require competency evaluations, track operators’ performance, training, to have mistakenly assumed that OSHA such as OSHA’s powered industrial or other criteria. (Reports #1, 2, 3, 4 of would require each evaluation to be in truck operator training requirements ID–0673). And employers who own the form of a time-consuming formal (§ 1910.178). Such documentation cranes and have long-term operators test rather than a much simpler would need to include: The operator’s must provide lengthy and detailed observation of the operator performing name, the evaluator’s name, the date of operator information to their insurance construction operations using the crane. the evaluation, and the make, model, providers. The required supplemental re- and configuration of the equipment on Subcontractors, too, are accustomed evaluation of a previously evaluated which the operator was evaluated. But to maintaining a written record of their operator can focus on the operator’s the documentation would not need to be operators’ experience and evaluations. abilities to handle the differences in any particular format. Rather, Employers reported to OSHA that, on between the new equipment and the one employers would have the flexibility to multi-employer construction sites, previously assigned; it would not capture this information using their own subcontractors are often asked by require a complete evaluation of all of existing systems or create general contractors, insurers, or other the operator’s skills, knowledge, and documentation that best meets the employers on the site to provide abilities. For example, an employer may needs of their workplace. For example, documented information about their evaluate an operator and determine that employers could issue operator cards operators, such as certifications and he or she has demonstrated the ability that include this information, keep verifications of training and to safely operate a large, high capacity records electronically in a database ‘‘qualification’’ for the cranes operated. crane of a relatively complex accessible at the worksite, develop logs One crane rental company noted that it configuration. If the employer for each piece of equipment, or use any keeps records for each operator, and that determines that the operator has the other method that memorializes the this kind of information is often skills, knowledge, and judgment mandatory information. requested or required by customers. necessary to safely operate a lower The documentation requirement is (Report #6 of ID–0673). Another capacity crane of the same type and intended to ensure accountability and to company told OSHA that it frequently operating system, in a simpler direct the employer’s attention to the provides written information about its configuration with a shorter boom, then critical aspects of operating the assigned operators to contractors, even when not the operator would not need to be re- equipment that must be considered requested. (Report #26 of ID–0673). A evaluated (assuming that the tasks are during the evaluation. The contractor that sometimes works with similar). Conversely, although the size documentation of the evaluation would subcontractors’ operators noted that it of the crane alone may not be a record key baseline information that an maintains an in-house database of those definitive reason to make such a employer could use to help make operators, site supervisors, and directors determination (Reports #1, 2 of ID– subsequent determinations about that it has encountered on projects, with 0673), an employer would usually need whether the operator is competent to evaluations and notes about their to evaluate an operator before allowing operate particular equipment. It would performance. (Report #22 of ID–0673). the operation of a larger crane if the also provide a quick reference for site Another company that employs operator has only demonstrated supervisors, lift directors, and any operators as subcontractors keeps competency on smaller crane of the employee, such as a hoist crew member, records of near misses involving its same type. whose safety is affected by crane subcontractors, as well as OSHA requests comment on how operations. And it could help prevent documentation of operators that the employers currently handle re- misunderstandings about, or company feels may not be qualified to evaluation of operators, to comply with mischaracterization of, an individual operate equipment. (Report #14 of ID– existing § 1926.1427(k)(2), when the operator’s established competency, as in 0673). Finally, OSHA notes that it is a operator uses new equipment. Please the Deep South fatal incident. There, an common practice within the provide OSHA with examples of operator was assigned to operate a crane construction industry for operators to equipment that commenters believe are of a type for which he was certified, but carry certification cards provided by the sufficiently similar or not for the the controls and operations were testing entities as proof of certification. purposes of compliance with proposed substantially different from those with This documentation may be useful in paragraph (f), and what makes them which he was familiar. Had the communicating operator competency for similar or not and why. OSHA is also employer conducted an evaluation and employers who must consider crane interested in obtaining examples of documented it rather than relying on safety on multi-employer worksites. equipment or configurations that should certification, this incident could have As previously discussed, proposed require an additional, if limited, been prevented. paragraph (f) permits the employer to evaluation of the operator and why the The Agency believes that information evaluate the operator on one crane and additional evaluation would be needed. about operators is typically collected then make a determination that the

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operator is also competent to safely run ensure that the operator is competent in additional components of the re- other equipment that requires the same the area of the observed deficiency. evaluation? Should OSHA require re- level of skills, knowledge, and Triggers for retraining under evaluations to be documented in judgment. OSHA’s proposal allows paragraph (b)(5) and re-evaluation under accordance with proposed paragraph employers to document these proposed paragraph (f)(5) might include (f)(4)? Why or why not? determinations collectively. For a wide variety of feedback, such as (but As noted previously, OSHA also example, if an employer with five not limited to) information from an on- considered and presented to ACCSH cranes, possibly configured in slightly site supervisor or safety manager, two additional requirements for re- different ways, determines that an contractor, or other person that the evaluation: An annual re-evaluation operator’s evaluation on Crane #2 also operator was operating equipment requirement and a re-evaluation for demonstrates the operator’s competency unsafely, OSHA citations, a crane near operators who have not operated the with respect to the other four cranes, the miss, or other incidents that indicate equipment in six months. OSHA employer could use a single document unsafe operation of the crane. The re- received comments from several to record the operator’s competence to evaluation may target the skills, participants that such requirements operate all five cranes. In fact, the knowledge, or judgment deficiency that would be too burdensome for employers documentation for the original triggered the retraining. Re-evaluations and unnecessary due to the continuous evaluation could simply be amended to would need to be conducted by a person or ongoing nature of evaluation by state that it is also applicable to who meets the requirements of employers. But at least three entities equipment that does not require paragraph (f)(2). reported that they re-evaluate operators substantially different skills, knowledge, OSHA does not view this proposed re- periodically, even absent any evidence or judgment. However, when the evaluation as a significant departure that re-training or re-evaluation is operation of a crane requires a level of from typical practices in the industry. necessary. (Reports #11, 18, 19 of ID– operating skills, knowledge, and As discussed previously, many 0673). Another employer noted that it judgment that is significantly different stakeholders who spoke with OSHA at meets with each operator to review from the crane on which the operator meetings and site visits emphasized that performance twice annually. (Report #1 was evaluated, a new evaluation must observation and re-evaluation take place of ID–0673). And a crane rental be documented. Varying the facts in the on an ongoing, daily basis (see the company told OSHA that if employees earlier example, if two of that Background and Need for a rule experience changes in health, vision, or employer’s cranes include computer sections). For example, several other medical issue, they are monitored software to control safety devices and stakeholders told OSHA that they would to ensure that their skills remain sharp the three other cranes do not have such re-evaluate an operator if there was a and continue to be safe operators. software but are otherwise similar, then crane near-miss or incident, or if they (Report #2 of ID–0673). Moreover, both an operator already evaluated on a crane received negative feedback about that the powered industrial truck operator without the software would need to be operator’s performance from the training standard at § 1910.178(l)(4) and evaluated separately on the use of that controlling contractor or another party the qualified electrical workers standard software, with that evaluation also on a jobsite. (Reports #1, 2, 3, 18, 19, 22, at § 1910.269(a)(2) require periodic re- documented. 26 of ID–0673). Some employers evaluation. Section § 1910.178(l)(4) OSHA requests public comments on conduct random worksite audits. requires reevaluation every three years, how, or if, employers currently (Reports #2, 3, 15, 18, 19 of ID–0673). while § 1910.269(a)(2) requires annual document their evaluations of operators One large construction company stated re-evaluation of electrical workers on and how they use the documentation. that it conducts over 100 safety audits tasks they did not perform in the past Should OSHA require employers to of job sites each year to ensure operators year. These requirements might help document evaluations? Please explain are properly qualified. (Report #15 of employers identify when operators need why or why not. If not, how would ID–0673). Four companies that hire updated information on a variety of other employers and employees know crane rental companies (crane rental topics such as the equipment, operating that an operator has been evaluated and with operators) noted that they raise any procedures, and relevant regulations demonstrated competency to his or her observed issues with the employer of that were not available at the time of his own employer on the equipment the crane operator or the union from or her last evaluation. But ACCSH operated? OSHA is interested in public which the operator was selected. recommended that OSHA not move comments describing how employers (Reports #12, 14, 15, 16 of ID–0673). forward with these requirements, and currently track their operators to comply The requirements for re-evaluation are they are accordingly not in this with the requirements of existing also in line with the powered industrial proposal. § 1926.1427(k)(2)(i). truck operator training standard, in OSHA requests comment on whether Proposed paragraph (f)(5) requires the which OSHA requires re-evaluation if more routine re-evaluation employer to re-evaluate an operator there is reason to believe that the requirements, such as those in the whenever the employer is required to operator is operating unsafely, if there is powered industrial truck training and retrain the operator under a near-miss or other incident, if the qualified electrical workers standards or § 1926.1427(b)(5). Paragraph nature of the work to be performed any other periodic requirements, should 1926.1427(b)(5) requires retraining if the changes, or if other factors indicate a be included in this standard. Why or operator’s performance or an evaluation deficiency. (§ 1910.178(l)(4)). why not? If a periodic re-evaluation is of the operator’s knowledge indicate OSHA requests comment about all necessary, then how frequently should that retraining is necessary. OSHA is aspects of proposed paragraph (f)(5). Is this review be conducted, and why? proposing this requirement to ensure the need for re-training an appropriate OSHA considered several alternative that when an employer becomes aware trigger for re-evaluation, or are there approaches to the proposed provisions that an operator is not competent in a triggers other than re-training that in proposed paragraph (f)—Evaluation. necessary aspect of safe crane operation, OSHA should consider? Also, should OSHA has summarized them in the the employer provides additional OSHA add additional specification following paragraphs. For the reasons training to the operator and re-evaluates regarding how in depth re-evaluations detailed below, OSHA has preliminarily the operator. Re-evaluation is needed to should be or whether there should be concluded that these alternatives would

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not be as effective as the proposal in sufficient specifics to ensure operator operator safety and whether they afford ensuring crane operator competency. competence. It does not provide greater protection than proposed employers with criteria that an operator paragraph (f). Why or why not? Is there Approach 1—Remove the Phase-Out of must meet to be considered competent. the Employer Duty Without Providing evidence to support one of these Nor does it explicitly require the Further Guidance or Criteria alternatives over the approach that employer to take any specific step to OSHA is proposing? In addition, are OSHA considered simply proposing ‘‘qualify’’ operators (i.e., it can be there other approaches to employer to remove the phase-out date for argued that under the existing standard evaluation of operators that OSHA existing § 1926.1427(k)(2)(i), which an evaluation is only triggered if the should consider? Are there state or local requires employers to ensure the employer determines retraining to be government certification or licensing competence of their operators. That required). Moreover, the ability to programs that would be more effective? requirement differs little from the ‘‘resolve problems,’’ which is a key Agency’s requirements for operator component in the definition of a Paragraph (g) Reserved training or duties in § 1926.20(b)(4), ‘‘qualified person’’ only captures one This proposed paragraph is reserved which previously applied to equipment aspect of what crane operation entails. covered under former subpart N— And by relying on the definition of a because the current text at Cranes, Derricks, Hoists, Elevators, and ‘‘qualified person,’’ which can be met in § 1926.1427(g) was moved to proposed Conveyors, and permits ‘‘employees some cases solely through ‘‘possession paragraph § 1926.1427(c)(4). This qualified by training or experience to of a . . . certificate,’’ the whole point of provision was moved to improve clarity operate equipment.’’ But OSHA having some additional assurance of of certification program requirements. replaced that general employer duty in operator competency beyond operator Paragraph (h)—Language and Literacy 2010, in part because OSHA concluded certification would be lost: An operator Requirements that the measures being used to ensure could still conceivably become both operator competency were inconsistent certified and a qualified person through Existing paragraph § 1926.1427(h) between employers. C–DAC, too, had the completion of a single certification allows operators to be certified in a concluded that ‘‘human error resulting test. For these reasons, OSHA believes language other than English, provided from insufficient operator knowledge that this proposed rule better establishes that the operator understands that and capability is a significant cause of the employer’s obligation to ensure language. Proposed paragraph (h) is fatal crane/derrick accidents’’ (73 FR crane operator competency. nearly identical to existing paragraph 59810). In sum, OSHA believes that (h) with one exception. The last evaluations of operator competency are Approach 3—Canadian Oversight System sentence of paragraph (h)(2) has been critical to safe crane operations (see reworded to clarify that an operator is earlier discussion) and that proposing a OSHA also explored the practicality permitted to operate equipment only general requirement for this purpose, of modeling a crane operator evaluation when he or she is furnished materials without providing additional criteria, process on that implemented in the that are necessary for safe operation of would be inadequate. provinces of Ontario and British the equipment and required by subpart Columbia, Canada. In those provinces, a Approach 2—Coalition for Crane CC, such as operations manuals and quasi-governmental agency tracks the Operator Safety’s Language load charts, in the language of the base level of certification and operating operator’s certification. The reference to OSHA also considered the ACCSH experiences of the operators in an committee recommendation that OSHA existing paragraph (b)(2) was not internet database. The British Columbia maintained in proposed (h)(2) because it adopt an operator competency system has at least three different levels is no longer needed. requirement developed by a coalition of of ‘‘qualification,’’ and employers are representatives from the crane industry. responsible for observing, evaluating, Existing paragraph (h) allows ‘‘tests’’ (ACCSH transcript OSHA–2015–0002– and ensuring the operators are in languages understood by the 0036, and Exhibit 12, OSHA–2015– competent to perform the work required operator, and OSHA is not proposing to 0002–0051). This approach would at each level (ID–0672). OSHA change that language. In proposed require employers to ensure that concluded, however, that this level of paragraph (h), ‘‘tests’’ would encompass operators ‘‘meet the definition of a oversight would be somewhat both the certification test and the qualified person’’ before operating the impractical on a national scale in the employer’s evaluation of the operator. equipment. As defined in the United States. The resources and Either or both may be in any language § 1926.1401 of the crane standard, expertise needed to develop and understood by the operator. And the ‘‘qualified person’’ means a person who maintain a system that works for the language of the operator’s manual or has ‘‘successfully demonstrated the entire regulated community, and to other furnished materials required by ability to solve/resolve problems verify the information in such system, the standard would only need to match relating to the subject matter, the work, would be substantial. OSHA does not the language of the certification. For or the project,’’ by ‘‘possession of a have the resources needed to example, it would be sufficient for an recognized degree, certificate, or accomplish these functions. However, operator certified in Spanish to have a professional standing’’ or through even after providing certification for its Spanish version of the operator’s ‘‘extensive knowledge, training and operators, employers in Canada still manual but be evaluated by the experience.’’ The coalition also have the obligation to ensure the employer in English. The operator suggested language requiring employers competency of operators to safely would not need to also have an English to ‘‘ensure that each operator is perform assigned work, which is similar version of the operator’s manual evaluated to confirm that he/she to the operator evaluation requirements because the certification in Spanish understands the information provided of this proposed rule. would establish the operator’s ability to in the training.’’ OSHA requests public comment on use an operator’s manual written in OSHA is concerned that this these alternative regulatory approaches. Spanish. OSHA seeks comment on this recommendation, like the general duty OSHA requests comment on how these proposed interpretation of the language under § 1926.21(b)(4), fails to provide alternatives would contribute to crane requirement for employer evaluations.

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Paragraph (i)—[Reserved.] changes to that paragraph while from the requirement in § 1926.1427(f) Paragraph (j)—Certification Criteria delaying the effective date of the to evaluate potential operators to ensure employer assessment requirement. that they have sufficient knowledge and Proposed paragraph (j) specifies Nevertheless, OSHA seeks comment on skills to perform the assigned tasks with criteria that must be met by an whether the effective date of proposed the assigned equipment, nor would it accredited testing organization under paragraph § 1916.1427(f) should be exempt employers using sideboom proposed paragraph (d) and an audited separate from the effective date of the cranes from the existing broader duty in employer program under proposed other proposed changes to the standard. § 1926.1430(c)(3) (which would become paragraph (e). The criteria specified by proposed (c)(2)) to train their employees Section 1926.1430 (c) Operators proposed paragraph (j) of this section to operate those cranes safely (section are the same as those specified under As noted earlier in this preamble, § 1926.1436 and § 1926.1441 include existing § 1926.1427(j). However, the OSHA is proposing to amend only one separate training requirements for introductory regulatory text in current paragraph of the training requirements derricks and low-capacity equipment, § 1926.1427(j) states that ‘‘qualification in § 1926.1430: Paragraph (c). The respectively). Employers of operators of and certifications’’ must be based, at a primary purpose of this revision is to this equipment will be required to minimum, on several criteria for the centralize the training requirements that ensure that their operators are evaluated written and practical tests found in are specific to operators in proposed in accordance with proposed § 1926.1427(j)(1) and (2). Proposed paragraph § 1926.1427(b) of this section. § 1926.1427(f) and trained in accordance paragraph (j) deletes the words But OSHA proposes to retain in with proposed §§ 1926.1430(c)(2), ‘‘qualification and’’ because they are no § 1926.1430 the training requirements 1926.1436, and 1926.1441, as longer necessary: Under the proposed that are more broadly applicable. applicable. rule, a certification issued by an audited Proposed paragraph § 1926.1430(c)(1) Although these three types of employer program is intended to be requires that the employer train equipment are exempt from all of equivalent to that of an accredited operators of equipment covered by § 1926.1427 in the existing crane testing program for purposes of subpart CC in accordance with proposed standard as the result of specific complying with OSHA’s rule, and the § 1926.1427(a) and (b), which contain exemptions in §§ 1926.1436, 1440, and proposal removes references to all of the requirements for training 1441, OSHA proposes to narrow the ‘‘qualification’’ from paragraph (e). under the proposed rule. Operators of exemptions so that the evaluation equipment exempted from the training Paragraph (k)—Effective Date requirements of paragraph requirements of § 1926.1427—derricks, § 1926.1427(f) would also apply to these There will not be any need for the sideboom cranes, and cranes with a types of equipment. While C–DAC phase-in requirements of current rated hoisting/lifting capacity of 2,000 recommended those exemptions apply § 1926.1427(k) if OSHA adopts the pounds or less—are addressed by to certification/qualification permanent requirement for employer proposed paragraph § 1926.1430(c)(2). requirements, there is no record that evaluations of operators as proposed. Proposed (c)(2), which is substantively C–DAC or OSHA considered exempting Thus, proposed paragraph (k) would be the same as current paragraph (c)(3), operators of this equipment from shortened to retain only the existing provides a general requirement to train employer evaluations. In fact, as noted effective date of November 10, 2018. operators on the safe operation of the earlier, a number of C–DAC participants The rest of Subpart CC is already in equipment. Proposed paragraphs (c)(1) later claimed they were surprised to effect, and the effective date of any final and (c)(2) of this section work together discover that they had removed the changes made to the standard would be to specify training requirements and general requirement for employers to established in the Federal Register clarify that all operators must be ensure their operators’ competency. notice for the final rule, which includes trained, regardless of whether an OSHA has preliminarily concluded an effective date for the standard. operator must be licensed/certified by that, although the certification OSHA seeks comment on proposed any entity (including the U.S. military) requirements in § 1926.1427 may not revision to paragraph (k). Specifically, to operate equipment. have been flexible enough to be OSHA seeks comment on whether the Existing paragraph § 1926.1430(c)(2), appropriate for these categories of effective date of the certification Transitional Period, is no longer needed equipment, the employer evaluation requirement should be delayed for an because employees need to train all under proposed paragraph additional six months if the final rule is operators under this proposal. The § 1926.1427(f) is a flexible requirement not issued until after July 2018. Please requirements of existing suitable for all of the equipment covered share your rationale for why an § 1926.1427(c)(4) have been moved to by subpart CC. Many of the hazards extension would or would not be proposed paragraph (c)(3) of this caused by an employer’s failure to appropriate. section. evaluate its operators for competency, Even if OSHA did extend the effective such as equipment collapses and issues date of the certification requirement, the Sections 1926.1436(q)—Derricks, controlling the load, are generally the Agency would plan to implement as 1926.1440(a)—Sideboom Cranes, and same for these three types of exempted soon as possible the new requirement 1926.1441(a) Equipment With a Rated equipment as they are for all other for employers to evaluate their Hoisting/Lifting Capacity of 2,000 equipment covered by subpart CC. operators, if it is part of the final rule. Pounds or Less Further, an exemption from the This provision adds clarity to the Proposed paragraph § 1926.1427(a)(2) evaluation requirement would be existing employer duty to assess would exempt employers from the inconsistent with OSHA’s treatment of operators, and there does not appear to training and certification requirements operators of equipment covered by other be any reason to delay that clarity for in that section for three types of rules. For example, OSHA’s the similar provision. Furthermore, equipment: Derricks, sideboom cranes, requirements for powered industrial employer assessment of operators is and equipment with a maximum trucks operator training at § 1910.178(l) now a key part of the entire scheme of manufacturer-rated hoisting/lifting include evaluation requirements similar proposed § 1926.1427, so it would be capacity of 2,000 pounds or less. It to those in this proposed rule, difficult to implement the remaining would not, however, exempt employers notwithstanding that operation of

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powered industrial trucks is less • It is better able to effectuate the 57785.) OSHA has recently published complex and of a lower capacity than purposes of the OSH Act than any another extension for an additional year, most equipment covered by subpart CC. relevant national consensus standard. until November 10, 2018 (82 FR 51986), OSHA therefore proposes to amend (See United Auto Workers v. OSHA, which closely tracks the 2014 analysis. paragraphs §§ 1926.1436(q), 37 F.3d 665, 668 (D.C. Cir. 1994) For each rulemaking, OSHA published 1926.1440(a), and 1926.1441(a) to (Lockout/Tagout II).) In addition, safety a preliminary economic analysis and require employers to evaluate operators standards must be highly protective. See received public comment on the of derricks in accordance with proposed id. at 669. A standard is technologically analysis before publishing the final § 1926.1427(f). Under the current crane feasible if the protective measures it analysis. standard, employers of operators of this requires already exist, available The preliminary economic analysis equipment do not need to comply with technology can bring these measures (PEA) for this rulemaking relies on some § 1926.1427. This proposal keeps most into existence, or there is a reasonable of those earlier estimates, extensive of those exceptions, but would require expectation for developing the Agency interviews with industry compliance with proposed paragraph technology that can produce these stakeholders, crane incident data, and § 1926.1427(f). measures. (See, e.g., American Iron and other documents in the rulemaking OSHA solicits comments regarding Steel Inst. v. OSHA (Lead II), 939 F.2d record. For example, the 2017 FEA for whether evaluation requirements should 975, 980 (D.C. Cir. 1991) (per curiam).) the deadline extension rule included a be made applicable to similar provisions A standard is economically feasible cost analysis of the employer evaluation when industry can absorb or pass on the for operators of derricks, sideboom to ensure operator competency, so the costs of compliance without threatening cranes, and equipment with a maximum cost estimates in this PEA are based on an industry’s long-term profitability or manufacturer-rated hoisting/lifting that analysis, which in turn is drawn competitive structure. (See American capacity of 2,000 pounds or less. OSHA from the 2014 FEA. The current Textile Mfrs. Inst. v. Donovan, 452 U.S. requests comment on whether economic analysis estimates new costs 490, 530n. 55 (1981); Lead II, 939 F.2d employers of operators of exempted only for elements that have not at 980.) A standard is cost effective if equipment should continue to be previously been analyzed in either the the protective measures it requires are exempted from operator competency 2010 final rule or accounted for in the the least costly of the available requirements of § 1926.1427, or whether deadline extensions. These are: alternatives that achieve the same level • advancements in the availability of of protection. (See, e.g., Lockout/Tagout Additional evaluations to ensure operator competency when there are changes types of operator certification make II, 37 F.3d at 668.) certification appropriate for these types not just in the type of crane (accounted for Section 6(b)(7) of the OSH Act in the 2017 FEA) but also changes that would of equipment? Are there now crane authorizes OSHA to include among a certification opportunities that are require new skills, knowledge, or judgment standard’s requirements labeling, necessary to operate the equipment safely, appropriate for operators of these types monitoring, medical testing, and other including those specific to the use of of equipment? information-gathering and information equipment or its safety devices, operational IV. Agency Determinations transmittal provisions. 29 U.S.C. aids, software, or the size or configuration of 655(b)(7). Finally, the OSH Act requires the equipment. • A. Legal Authority that when promulgating a rule that The permanent status of the employer differs substantially from a national duty to assess competency. While the cost of The purpose of the OSH Act, 29 employer’s duty to assess operator U.S.C. 651 et seq., is ‘‘to assure so far consensus standard, OSHA must competency was estimated in the 2017 rule, as possible every working man and explain why the promulgated rule is a the duty to assess was assumed to phase out woman in the Nation safe and healthful better method for effectuating the after the deadline had passed. The proposed working conditions and to preserve our purposes of the Act. 29 U.S.C. 655(b)(8). rule would make this duty permanent, so human resources.’’ 29 U.S.C. 651(b). To OSHA explains deviations from relevant these costs are included in this PEA. • achieve this goal, Congress authorized consensus standards elsewhere in this Documentation by employers. This the Secretary of Labor to promulgate preamble. proposed rule requires employers to now document the successful completion of and enforce occupational safety and B. Preliminary Economic Analysis and operator evaluations. health standards. 29 U.S.C. 654, 655(b), Regulatory Flexibility Analysis • Additional training required beyond the and 658. A safety or health standard When it issued the final crane rule in training required for certification. ‘‘requires conditions, or the adoption or 2010, OSHA prepared a final economic Certain costs, such as initial cost of use of one or more practices, means, analysis (FEA) as required by the operator certification and recertification methods, operations, or processes, Occupational Safety and Health Act of every five years, are not re-analyzed in reasonably necessary or appropriate to 1970 (OSH Act; 29 U.S.C. 651 et seq.) this PEA because they would be provide safe or healthful employment and Executive Orders 12866 (58 FR unchanged by this rulemaking. This and places of employment.’’ 29 U.S.C. 51735 (Sept. 30, 1993)), and 13563 (76 new rule makes no changes that would 652(8). A safety standard is reasonably FR 3821 (Jan. 21, 2011)). OSHA also impact the costs of certification by type necessary or appropriate within the published a Final Regulatory Flexibility of crane; OSHA is simply allowing the meaning of 29 U.S.C. 652(8) if: • Analysis as required by the Regulatory existing operator certification deadline It substantially reduces a significant Flexibility Act (5 U.S.C. 601–612). Both to be instituted as planned. The risk of material harm in the workplace; the FEA and Regulatory Flexibility employer evaluation, which under the • It is technologically and Analysis are in Docket ID 422. On 2010 final crane rule (and the 2014 and economically feasible; September 26, 2014, the Agency 2017 extensions) was set to be phased • It uses the most cost-effective included a separate FEA when it out when certification took effect, protective measures; published a final rule extending until would remain in effect and is therefore • It is consistent with, or is a justified November 10, 2017, both the deadline a cost of this proposed rule. The unit departure from, prior Agency action; for all crane operators to become costs of the employer evaluations were • It is supported by substantial certified, and the employer duty to analyzed in the final rule of the evidence; and ensure operator competency (79 FR deadline extension FEA, and the

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Agency relies on that analysis in a. Evaluation Costs rule about when evaluations are calculating the ongoing evaluation costs As noted in the preamble explanation required and what an employer must in this PEA. of this proposed rule, OSHA has evaluate. Specifically, proposed The rule’s cost savings are associated received feedback during stakeholder § 1427(b) requires evaluation as with withdrawing the requirement that meetings, site visits, and interviews necessary to ensure that the operator crane operator certification be both for that, for a small percentage of maintains the ‘‘skills, knowledge, and judgment necessary to operate the type and capacity of crane in favor of a employers, the proposed rule may equipment safely’’ and to perform requirement that certification be increase the number of operator assigned tasks, including specialty lifts required only for type of crane. evaluations they will conduct. The increase would result if employers need such as blind lifts or multi-crane lifts. This rule results in cost savings. At a to conduct additional equipment- The stakeholder meetings and discount rate of 3 percent, this rule has specific or task-specific evaluations. extensive OSHA interviews indicate annualized net cost savings of To estimate the costs for the new that this new language would not $1,827,513. At a discount rate of 7 evaluations the Agency has taken the require many employers to change their percent, this rule has annualized net following steps. First it estimated the existing operator evaluation practices. cost savings of $2,468,595. For either number of new evaluations required by Even before its 2010 rulemaking, OSHA discount rate, this rule is not the proposed rule. Then it estimated the required employers engaged in economically significant within the unit costs for each evaluation. Finally, construction to ensure that their meaning of Executive Order 12866, or a the Agency multiplied the number of operators were capable of operating major rule under the Unfunded evaluations times the unit cost to get the their equipment safely (§ 1926.550 and Mandates Reform Act or Section 804 of total costs of the proposed rule due to § 1926.20(b)(4) prior to promulgation of Congressional Review Act (5 U.S.C. new evaluation. the crane standard on November 10, 804). In addition, this rule complies OSHA began its estimate of the 2010), so for most employers the with Executive Order 13563. number of evaluations by looking to its proposal would simply be a requirement to continue their existing evaluation For this PEA, OSHA included an former rulemakings. In the 2017 practices. None of the stakeholders overhead rate when estimating the deadline extension economic analysis, OSHA met with expressed any concerns marginal of labor in its primary cost OSHA estimated the total number of about their ability to comply with those calculation. Overhead costs are indirect evaluations needed each year to be 30,981 evaluations (26,940 successful requirements. Additionally, major expenses that cannot be tied to changes in type or capacity of cranes producing a specific product or service. initial evaluations as well as 4,041 (15 percent of 26,940) for operators who appear relatively rare. Based on this, the Common examples include rent, have to be re-assessed (82 FR 51993)). In Agency preliminarily estimates that this utilities, and office equipment. that analysis, OSHA estimated proposed rule will add 15 percent more Unfortunately, there is no general employers’ evaluations due to turnover evaluations, or 2,324 (15% × 15,490), as consensus on the cost elements that fit of crane operators between employers, a small percentage of employers this definition, and the lack of a operators changing the type of increase their evaluations of operators common definition has led to a wide equipment operated for the same who are switching equipment or range of overhead estimates. employer, and evaluations of operators performing more difficult tasks. This Consequently, the treatment of overhead new to the occupation. OSHA used the represents a very small percentage of the costs needs to be case-specific. OSHA same estimate of total number of total costs of evaluations. The Agency adopted an overhead rate of 17 percent evaluations in the original 2010 crane invites comment on this estimate. of base wages.11 This is consistent with rule. The second element needed is the the overhead rate used for sensitivity OSHA determined, after conducting unit costs for these evaluations. OSHA’s analyses in the 2017 Improved Tracking extensive interviews with crane unit cost estimates for evaluations take FEA and the FEA in support of OSHA’s industry stakeholders for this rule, that into account the time needed for the 2016 final standard on Occupational it had overestimated the number of evaluation, along with the wages of both Exposure to Respirable Crystalline likely evaluations in these former the operator and the specialized Silica. For example, to calculate the rulemakings, because OSHA had operator evaluator who will perform the total labor cost for a crane and tower assumed that, in the absence of the rule, evaluation. In its 2017 FEA, OSHA operator (SOC: 53–7021), three no employer would conduct estimated that an initial evaluation of an components are added together: base evaluations. In fact, stakeholders report experienced operator with a compliant wage ($26.58) + fringe benefits ($11.50, that almost all employers conduct certification would take, on average, one slightly more than 43% of $26.58) + evaluations of new employees. The hour (82 FR 51992). The new applicable overhead costs ($4.52, 17% Agency has therefore decided to assume evaluations are all for previously of $26.58). This increases the labor cost for costing purposes that 50 percent of evaluated, experienced operators who of the fully-loaded wage for a crane employers conduct such evaluations are adding a new skill or new operator to $42.60. and as a result 15,490 annual knowledge to an existing skill set, not evaluations will be added to the cost an initial evaluation for a brand new 11 The methodology was modeled after an analysis for this rule. The Agency operator or an experienced employee approach used by the Environmental Protection believes that even this estimate will new to the firm. Thus, in many cases Agency. More information on this approach can be overestimate costs given that most any evaluation time will be minimal. found at: U.S. Environmental Protection Agency, The Agency estimates 25 percent of a ‘‘Wage Rates for Economic Analyses of the Toxics employers conduct such evaluations. Release Inventory Program,’’ June 10, 2002. This OSHA requests comment on the number standard evaluation for a compliant analysis itself was based on a survey of several large of evaluations that will be conducted as certified operator of one hour, or 15 chemical manufacturing plants: Heiden Associates, a result of this proposed rule. minutes (0.25 of an hour). OSHA Final Report: A Study of Industry Compliance Costs OSHA is, however, estimating a small welcomes any comments or additional Under the Final Comprehensive Assessment Information Rule, Prepared for the Chemical increase in evaluation costs from the information available on the time to Manufacturers Association, December 14, 1989. additional specificity in this proposed complete these evaluations.

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The wage of the evaluator is estimated receive evaluations for operators with a additionally, there will be to be the same as the wage of occupation compliant certification and hence will documentation of previous successful First-Line Supervisors of Transportation have the same unit cost for a one-hour evaluations due to the proposed rule. and Material-Moving Machine and evaluation of $88.68. Multiplying that There are a total of 2,324 new Vehicle Operators (SOC: 53–1031 from unit cost by the 30,981 initial evaluations, of which 2,020 (2,324/1.15) the BLS 2016 OES dataset) of $46.08 in evaluations estimated in the 2017 FEA, will be successful. Hence the total 2016 dollars including a markup for the total annual cost for these ongoing number of documented evaluations is fringe benefits and overhead.12 13 The initial evaluations is $1,373,622 ($88.68 15,490 (13,470 + 2,020). OSHA therefore operator’s time is valued at the wage × 15,490). estimates the total annual plus fringe benefits of occupation Crane The total annual cost for evaluations documentation cost, absent the first year and Tower Operators (SOC: 53–7021) is therefore $1,425,133, which is the extra documentation costs, to be plus overhead, at $42.06. Hence the sum of the $1,373,622 in initial $59,479 ($3.84 per evaluation × 15,490 combined hourly cost for an evaluation evaluations and the $51,511 for new evaluations). or a training episode is $88.68 ($42.60 evaluations. OSHA welcomes any + $46.08). With a 15 minute (quarter of comments on, or any available data that c. Employer Costs for Operator Training an hour) evaluation period, the cost per could help the Agency refine these The proposed rule clarifies the evaluation is $22.17 ($88.68 × 0.25). estimates. operator training requirements. As The total cost for the new evaluations b. Employer Evaluation Documentation explained in the 2010, 2014, and 2017 is therefore the product of multiplying Costs rulemakings, employers were already that unit cost by the total number of required to train their operators prior to × The proposed rule adds a new evaluations: $22.17 2,324 new the 2010 rule, and OSHA did not documentation requirement for a evaluations = $51,511. estimate additional training costs other successful evaluation. OSHA estimated In addition to the cost for these new than costs of optional certification the annual evaluation documentation evaluations, OSHA is also including the preparation training classes in its recent costs using the following three steps: It ongoing cost for the initial evaluations rulemakings. (see, e.g., 75 FR 48097). estimated unit costs of meeting this which it had estimated previously in the The proposed rule clarifies that the requirement; estimated the total number 2017 FEA. These evaluations will training already required under the continue to be necessary because of of cases of documentation that existing rule continues to be required turnover of crane operators between employers will need to perform in any even after an operator is certified, employers, operators changing the type given year; and multiplied unit costs of including training necessary when an of equipment operated for the same documentation by the number of cases operator requires new knowledge or employer, and evaluations of operators to determine the annual costs. skills because of a change in equipment new to the occupation. The total cost for This proposal would require the or tasks. Although OSHA’s site visits these evaluations in this PEA is lower employer to document information and interviews indicated that most firms than the total evaluation cost estimated about the equipment and include the are already providing the required in the 2017 FEA. This is because the evaluator’s signature, so the Agency training, including the additional evaluations cost in the 2017 FEA was estimates the evaluator will complete all for an operator population that was a recordkeeping. OSHA’s unit cost training necessary to ensure that mix of operators with a compliant estimates for evaluation documentation certified operators have the additional certification (certified by both the type takes into account the time needed and skills and knowledge to operate new and capacity of crane), non-compliant the wage of the employee who does so. equipment or perform new tasks, OSHA certification (by type but not capacity), The time needed for creating and filing has calculated costs for additional and those with no certification. The the needed information is estimated to trainings that may occur as a result of time for evaluation, and hence its cost, be 5 minutes of the evaluator’s time. As this clarification. was linked to operator certification above, the wage of the evaluator is OSHA’s calculation of the cost of status and varied for these three types estimated to be $46.08. Hence, the cost these additional trainings requires with the least time (one hour) for an of documenting a successful evaluation several steps. First, OSHA estimated the evaluation of an operator with a is $3.84 ((5/60) × $46.08). average annual number of equipment- compliant certification. The proposed There will also be the need in the first specific or task-specific trainings as a rule would remove the existing year to document previous evaluations percentage of the new evaluations requirement for certification by that the employer had not documented. required by the rule, as estimated capacity, meaning there would be no The Agency estimates that the number earlier. OSHA expects the number of operators in the previously estimated of evaluations needing such trainings to be a subset of the number ‘‘non-compliant certification’’ group. documentation is 15 percent of the of evaluations because in many cases This means that all operators would number of operators, or 17,570 (0.15 × the operator will already possess the 117,130). This total extra first year cost required skills necessary for a new piece 12 The fringe markup is 1.43, derived from the is $67,462 ($3.84 × 17,570). Annualized of equipment or a new task and be able BLS Employer Costs for Employee Compensation, over 10 years at a 3 percent discount to demonstrate competency after only a Private Industry Total benefits for Construction cursory explanation of the differences. industries 4th quarter 2016. rate gives an annualized cost of $7,909. 13 Throughout this chapter, OSHA presents cost At a discount rate of 7 percent, this For example, an experienced operator formulas in the text, usually in parentheses, to help annualized cost is $9,605. OSHA solicits conducting a blind lift for the first time explain the derivation of cost estimates for comment on these estimates and how may have sufficient mastery of the individual provisions. Because the values used in equipment such that she could pass an the formulas shown in the text are shown only to many previous evaluations do not now the second decimal place, while the actual have the documentation required by this evaluation after only a very brief spreadsheet formulas used to create final costs are proposed rule. discussion of the signals to be used. The not limited to two decimal places, the calculation From above, OSHA estimates that Agency judged that 50% of these using the presented formula will sometimes differ ongoing each year there will be 13,470 additional evaluations, or 1,162 slightly from the presented total in the text, which is the actual and mathematically correct total as successful initial evaluations that will evaluations (50 percent of the 2,324 new shown in the tables. need documentation. Then, evaluations), would also require

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trainings. OSHA welcomes comments certified only by crane type would need of certifications that would only be on these estimates. to obtain certification both by type and needed for a change in capacity and The second step is to identify an capacity. To calculate the cost-savings hence no longer will be incurred. More average amount of time that each of additional certifications that would than half of certified crane operators training will take. Some trainings are be avoided by the proposed rule, OSHA have been certified by a certifying body likely to require detailed instructions estimates the number of crane operators (including state and local governments) about operating particular equipment not yet in compliance with the type- that does not issue certificates by and discussions of protocol prior to a and-capacity certification requirement capacity, which indicates that many of lift. Other trainings might involve a very and multiples that estimate by the these operators may not need multiple short period of instruction, such as to estimated cost of obtaining such capacity certifications. OSHA familiarize an experienced operator certification. conservatively estimates the value of with the setup of a standard controls in Based on OSHA’s previous this cost savings by taking 50 percent of a different crane of the same type. While rulemakings, OSHA estimates that the 2,324 additional evaluations, or OSHA lacks data about the frequency of 71,700 crane operators do not yet 1,162 (0.50 × 2,324) as an additional these different types of trainings, it possess a type-and-capacity number of annual certifications required estimates that the average time for each certification. (82 FR 51993). Although solely due to changes in capacity. The training is one hour. For context, this is the 2014 FEA estimated a gradual unit cost for this certification follows the same amount of time that OSHA decline over time of the number of such previous analysis in assigning a $250 previously estimated for an operators (an estimate of 61,474 in 2016, flat fee for the certificate, as well as 1.5 inexperienced operator to take the see Table 1, 79 FR 57796), the 2017 hours of the operator’s time for the practical portion of the standard crane extension estimated that the 71,700 written exam and 1 hour for the operator test. The Agency solicits operators were not yet in compliance practical exam. This gives a unit cost of comment on this training estimate. and would not be for much of 2017 and $356.50 ($250 + (2.5 × $42.60)). Finally, OSHA expects two employees to be 2018 leading up to the new 2018 the total annual cost savings for these occupied during this hour of training: deadline. (see Table 1, 82 FR 51995). In avoided certifications is $414,172 (1,162 the equipment operator and the trainer. this PEA, the Agency accordingly × $356.50). Hence, along with the one- Using the same wage estimates as above, estimates the number of operators time cost savings due to omitted the hourly wage for the operator would certified by crane type only will remain certifications, the total cost savings for be $42.60 and a supervisor’s hourly at 71,700 each year. OSHA has adopted these two elements are $3,410,683 wage of $46.08 for the trainer. However, this approach because 71,700 is the last ($2,996,510 + $414,172) at 3%, and total not all of the training time will result in hard data point the Agency has, and cost savings for these two elements of a loss of productivity to the employer. certification has gradually spread as a $4,053,461 ($3,639,289 + $414,172) at OSHA’s site visits and interviews requirement in the crane operator job 7%. indicate that it is common for operators market. It is quite possible the number OSHA requests comment on this cost to spend at least some of the training of operators possessing a type, but not savings and its component estimates, time operating the crane under the type-and-capacity certification, is including the estimate of the total instruction of the trainer, performing actually higher today: the largest number of operators who might still tasks that actually are useful for the certification school gives a certificate require multiple certificates if OSHA employer. While all of the trainer’s time which is by type only. The Agency removes the requirement for is an opportunity cost for the employer, requests comment and further data on certification by capacity as proposed. at least part of the operator’s time this issue. results in productivity for the employer. OSHA also looked to the 2017 e. Total Cost of the Proposed Rule OSHA estimates that, on average, 75 deadline extension rule to estimate the The total annual cost of the proposed percent of the operator’s training time unit cost of a type and capacity rule comprises the cost items identified (45 minutes of the hour) would consist certificate. There, the Agency estimated above: Evaluations (those previously of pure instruction or other activities that such a test would take 2.5 hours calculated with offsets from the that would not be productive for the and require a $250 fixed testing fee (82 proposed removal of the requirements to employer. Based on the estimated one FR 51994). At the hourly crane operator certify by capacity, as well as the hour for each training, the unit cost for wage noted above ($42.06), the total cost additional evaluation costs to account each training is therefore the for a compliant certification is $356.50 for new skills and tasks), documentation supervisor’s wage for one hour ($46.08) ($250 + (2.5 × $42.06)). If 71,700 crane of the evaluations (including the one- plus $31.95 in operator’s wages for the operators needed to take the test the cost time first year evaluation 45 minutes of non-productive time would be $25,560,840 (71,700 × documentation for old operators ($31.95 is three quarters of the $356.50). Because this rule would without such documentation), and operator’s hourly wage of $42.60): remove the requirement for additional training costs. The cost savings is due to $78.03 per training. Thus, the total cost certifications by capacity, that amount averting the need for all operators who of the training industry-wide would be becomes a cost saving. currently have a type only certification $90,649 ($78.03 × 1,162). OSHA This, of course, is a one-time cost to obtain a type-and-capacity requests comments on this estimate and savings, while costs of continued certification. Since the last item is its components. evaluations and most of the other cost relatively large primarily occurs in the elements of the rule are ongoing. Using first year while the other costs are d. Cost Savings of Avoiding Additional the Agency’s standard 10 year horizon, ongoing, the discount rate and discount Certifications the result is an annualized cost savings horizon have a significant impact on the The proposed rule drops the of $2,996,510 at a discount rate of 3 final total cost. At a discount rate of 3 ‘‘capacity’’ requirement for crane percent, and an annualized cost savings percent the sum of those parts is a cost certification, leaving only certification of $3,639,289 at a discount rate of 7 savings of $1,827,513 ($1,373,622 + by crane type as the obligation of the percent. $51,511+ $59,479 + $90,649 + $7,909— crane standard. Absent this proposal, all The Agency estimates there will also $2,996,510¥$414,172). For a discount crane operators who are currently be ongoing cost savings due to a number rate of 7 percent there is a cost savings

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of $2,468,595 ($1,373,622 + $51,511 + duty permanent and add specificity, equipment used during the incident, or $59,479 + $90,649 + thereby ensuring that the full benefits of with the specific task. Using this $9,605¥$3,639,289¥$414,172). the standard would be realized. methodology, the Agency has been able The safety benefit of the rule is the to identify three fatalities that may have f. Economic and Technological prevention of injuries or fatalities been prevented if the proposed Feasibility resulting when operators certified to evaluation requirement had been in The Agency has preliminarily operate the type of crane assigned still place at the time. It is true that there was determined that the proposal is lack the knowledge or skill to operate a general duty to ensure operator technologically feasible because many that crane for the assigned task. As competency at the time of these employers already comply with all the noted earlier, there are many variables incidents. (See §§ 1926.20(b)(4) and provisions of the proposed rule and the in equipment and controls between 1427(k)(2)). But, as explained above, the rule would not require any new different models of the same type of existing employer duty is stated very technology. The largest cost element of crane, and there are many crane generally and employers might believe this proposed rule is a new evaluation operations that require additional that a preliminary general examination with associated training of $78.03 per knowledge and skill beyond that of the operator could satisfy the training, which should be a small demonstrated during certification (e.g., requirement, without accounting for expense for the businesses covered swinging a ‘‘headache ball’’ instead of evaluation of the operator’s ability to under this proposal. The vast majority lifting a load, performing a blind lift, operate different models of the same of employers already invest the participating in a multi-crane lift, etc.). type or perform new tasks. resources necessary to comply with the Certification does not address these OSHA believes that the proposed rule, provisions of the proposed standard. variables or provide assurance that the which makes the evaluation duty Hence the Agency preliminarily operators are qualified to operate the permanent and includes more detailed concludes that the proposed standard is equipment for the task assigned, so evaluation documentation requirements, economically feasible. without these amendments operators would make it more likely an employer could be permitted to perform g. Certification of No Significant conducts the appropriate type of equipment operations after November Economic Impact on a Substantial evaluation and therefore more likely 2018 that they are not qualified to Number of Small Entities that such incidents would be avoided in operate safely. OSHA has already the future. By specifying the elements to The largest cost element of this determined that there is a significant proposed rule is a new evaluation with be evaluated, OSHA expects the risk of injury when operators are evaluations to be more effective at associated training of $78.03 per allowed to operate heavy machinery training. Small businesses will, by preventing injuries by identifying that they are not qualified to operate. operator limitations in a timely manner. definition, have few operators, and the The 2010 crane rule estimated annual For example, the employer might have $88.68 cost for each operator evaluation net benefits at $55.2 million in 2010 believed it was complying with the with training will not be a significant dollars (75 FR 47914). Since there are impact for even the smallest businesses. cost savings for this NPRM, net benefits existing general employer duty if it Hence, OSHA certifies that this of the joint 2010 final rule and this evaluated an operator and found that proposed rule would not have a NPRM are vastly greater than zero. the operator was qualified to operate a significant economic impact on a While this proposed rule would particular crane to lift pallets of substantial number of small entities. attempt to realize the full benefits material, even though the employer did already identified in 2010 for the not perform any additional evaluation h. Benefits standard, and OSHA need not parse the before assigning the operator to a lift OSHA’s 2010 Cranes and Derricks in benefits of each provision of the that required additional skills, such as Construction standard included an standard separately, OSHA recognizes a blind lift or lifting poles instead of extensive analysis of the benefits that the proposal is also likely to pallets. As indicated by the second IMIS attributed to preventing crane-related generate additional benefits from the example below, there is greater risk of fatalities and serious injuries. In that more specific requirement for employers injury if the operator is not qualified to analysis, OSHA relied on IMIS injury to evaluate operators on specific perform the new task. OSHA also data made available in 2008 (see 75 FR equipment for specific tasks. To explore expects the documentation requirement 48093), finding that the standard would this, OSHA conducted further analysis to assist employers in complying with prevent 175 injuries and 22 fatalities per of more recent IMIS incident reports in the different evaluation elements of the year for a total annual benefit of $209.3 an effort to illustrate the new benefits of standard. And OSHA expects that the million (75 FR 48079–48080). the proposed evaluation requirements documentation requirement will As noted in the sections on beyond the benefits that would be facilitate communication between ‘‘Background’’ and ‘‘Need for a Rule,’’ achieved through the existing standard supervisors and operators and help OSHA received significant feedback with operator certification alone. avoid assignment of an operator to from stakeholders following the 2010 OSHA looked at IMIS accident reports equipment or tasks for which he or she final rule indicating that the standard, to for 2009–2013, years subsequent to the is not qualified, thereby reducing the be fully effective, would need to data used for the FEA for the 2010 risk of injury from unqualified preserve the employer duty to evaluate rulemaking. All accidents with any of operation. operators separately from the general the search terms ‘‘boom,’’ ‘‘crane,’’ or The IMIS summaries are not operator certification requirement. The ‘‘pile driver’’ in either the event particularly detailed or uniform, so certifications are intended to address description or in the abstract were many more of these incidents may also basic operator knowledge and skills, but examined, the same keywords as used have involved similar operator failures do not assess operators’ familiarity with in the analysis for the 2010 final rule. that were not explicitly detailed in the the actual equipment they will operate OSHA identified incidents where there IMIS summary. But the complete IMIS or the specific tasks they will perform. was an express mention in the IMIS abstract of each fatal incident follows. The proposed amendments to the description that the crane operator was Case One: Operator not competent to standard would make that employer unfamiliar with the specific crane use specific equipment:

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At approximately 2:50 p.m. on June 16, task are not included in the abstract, the seq., includes enhancing the quality and 2009, an employee was walking toward a note about the different pole size and utility of information the Federal seawall the company was reconstructing the operator’s use of an improper boom government requires and minimizing when a section of the boom failed and fell angle suggest that the activity was the paperwork and reporting burden on on him. The employee was killed. The crane had been built in 1964, and was bought by significantly different from previous affected entities. The PRA requires Ray Qualmann Marine Construction, Inc. on activities such that it would have certain actions before an agency can April 29, 2008. The company never required different knowledge or skills. adopt or revise a collection of performed an annual inspection of the crane This incident and resulting injuries information (also referred to as a or a monthly one, and documentation was might have been prevented if the ‘‘paperwork’’ requirement), including not available to indicate any maintenance employer took the time to evaluate the publishing a summary of the collection had been done to the crane. The only operator for the specific task assigned. of information and a brief description of documentation available for the crane was an Case Three: Operator inadequately the need for, and proposed use of, the inspection report dated June 10 2009, made trained: information. The PRA defines by a crane operator who worked for the ‘‘collection of information’’ as ‘‘the company, which failed to identify that the On June 23, 2011, Employee #1, an crane did not have a boom angle indicator, ironworker, was installing a structural steel obtaining, causing to be obtained, that several lacings were bent on it, and that bracing and painting structural steel beams in soliciting, or requiring the disclosure to the angles and spacing of the repaired lacings the ceiling of a manufacturing plant addition. third parties or the public, of facts or were uneven. In addition, neither the crane Employee #1 was working alone from a opinions by or for an agency, regardless operator who operated the crane on the day boom-supported aerial work platform that of form or format.’’ (44 U.S.C. of the accident, nor the foreman, had ever was borrowed from another employer. At 3502(3)(A)). Under the PRA, a Federal seen the operator’s and maintenance manual approximately 11:15 a.m., an electrician agency may not conduct or sponsor a for the crane involved in the accident. The walked into the area and found the aerial collection of information unless it is crane operator was not familiar with the work platform elevated with Employee #1 slumped over the controls. Employee #1 was approved by the Office of Management controls of the crane. The operator did not and Budget (OMB) and displays a know the weight of the load, and did not crushed between the work platform and one know the length of the boom. The crane was of the ceiling beams. Other tradesmen at the currently valid OMB control number, overloaded when the accident occurred. worksite used the ground controls to lower and the public is not required to Employee #1 to the floor. Employee #1 died respond to a collection of information The general manager of Ray from the injuries. Employee #1 had been unless it displays a currently valid OMB Qualmann Marine Construction claimed trained in operating a boom-supported aerial control number (44 U.S.C. 3507). Also, that the operator had extensive crane work platform by his employer, but was not notwithstanding any other provisions of experience and had worked for the trained in the differences between those aerial work platforms that were owned by the law, no person shall be subject to company for more than 20 years. OSHA penalty for failing to comply with a concluded in its investigation, however, employer and the borrowed lift being used the morning of the incident. The drive collection of information if the that the company allowed the operator controls on the borrowed aerial work collection of information does not use of the Link-Belt LS–58 crane with platform may have been reversed from the display a currently valid OMB control no training for this equipment. The actual direction that they would operate. number (44 U.S.C. 3512). abstract indicates that the lack of The abstract does not include enough familiarity with the specific equipment B. Solicitation of Comments information to be certain as to whether used contributed to the fatality. An the ‘‘boom-supported aerial work The ‘‘Cranes and Derricks in evaluation of the operator’s competency Construction: Operator Qualification’’ platform’’ was equipment that would be on the specific equipment, rather than proposal would establish new covered by the crane standard (it could the general skills and knowledge tested information collection requirements. be a simple aerial lift not covered by the as part of the third-party certification The proposal would also modify a small standard, or a boom crane or multi- process, would have been more likely to number of information collection purpose machine configured to support identify the problem in this case and requirements in the existing Cranes and the work platform in a manner that avoid the resulting fatality. Derricks in Construction Standard (29 would be within the scope of the Case Two: Operator not competent to CFR part 1926, subpart CC) Information standard). Nevertheless, the incident perform specific task: Collection (IC) approved by OMB. illustrates the potentially fatal On November 17, 2009, employees with OSHA has prepared a new Information consequence of requiring an employee Collection request (that modifies the Moreau’s Material Yard were driving pilings to operate new equipment without for an oil rig foundation in which a 4,000 lb existing Cranes and Derricks in hammer, attached to the top of the lead, was ensuring that the employee can account Construction package) to reflect the used to drive 70 to 75 ft poles into the for differences in control locations and NPRM’s new or revised collections of ground. Employee #1 was working on a functions. Like the previous cases, the information. crawler crane platform approximately 20 to employee received training for certain Concurrent with publication of this 25 ft above the ground. He was wearing a crane equipment but lacked the skills proposed rule, OSHA submitted the harness with a lanyard connected to a ladder necessary to operate the borrowed new Cranes and Derricks in rung. When the crane tipped over, Employee machinery used on the day of the #1 attempted to jump from the platform to Construction Standard (29 CFR part accident. Had the employee been 1926, subpart CC): Operator the ground below. He was struck by the crane evaluated by his employer before using and killed. The crane operator sustained Qualification Information Collection minor injuries. Other employees indicated the equipment, the employee’s Request (ICR) to OMB for review with that the employer had never lifted poles of unfamiliarity with the equipment could a request for a new control number (ICR that size and the crane boom may have been have been identified earlier and the Reference Number 201710–1218–002). used at an improper angle for the load being fatality might have been prevented. When the final rule is published, OSHA carried. C. Paperwork Reduction Act will submit the final ICR for the final It is clear from the IMIS report that Cranes and Derricks in Construction the operator was familiar with crane A. Overview Standard: Operator Qualification to equipment but had never lifted poles of The purpose of the Paperwork OMB for approval. If approved, OSHA that size. While all of the details of the Reduction Act (PRA), 44 U.S.C. 3501 et will request approval to amend the

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comprehensive Cranes and Derricks in automated, electronic, mechanical, or structure of the existing standard with Construction Information Collection other technological collection only a few minor modifications (OMB control number 1218–0261) to techniques or other forms of information intended to improve comprehension of incorporate the ICR analysis associated technology, e.g., permitting electronic certification/licensing requirements. For with the final Cranes and Derricks in submission of responses. example, OSHA proposes to remove the Construction Standard: Operator A copy of the ICR for this proposal, somewhat misleading reference to an Qualification and to discontinue the with applicable supporting ‘‘option’’ with respect to mandatory new control number. In addition to documentation; including a description compliance with existing state and local commenting to the agency, the PRA of the likely respondents, estimated licensing requirements that meet the provides an opportunity for members of frequency of response, and estimated minimum requirements under federal the public to comment on the total burden may be obtained free of law. information collection requirements charge from the RegInfo.gov website at: Section 1926.1427(d)—Certification by during a 30-day period directly to OMB. http://www.reginfo.gov/public/do/ Some of these revisions, if adopted, _ an Accredited Crane Operator Testing PRAViewICR?ref nbr=201710-1218-002 Organization would result in changes to the existing (this link will only become active on the burden hour and/or cost estimates day following publication of this Proposed paragraph (d) retains the associated with the current, OMB- notice). requirements of existing paragraph approved information collection § 1926.1427(b), except that the proposal requirements contained in the Cranes C. Proposed Revisions to the removes the requirement for and Derricks in Construction Standard Information Collection Requirements certification by capacity of crane, as Information Collection. Others would As required by 5 CFR 1320.5(a)(1)(iv) required in existing sub-paragraph not change burden hour or cost and 1320.8(d)(1), OSHA is providing the (b)(1)(ii)(B) and (b)(2). The need for this estimates, but would substantively following summary information about change is explained in the ‘‘Need for a modify language contained in the the information collection requirements Rule’’ section of this preamble. The currently OMB-approved ICR. Still identified in the proposal. proposal also makes some non- others would revise existing standard 1. Title: Cranes and Derricks in substantive language clarifications. provisions that are not collections of Construction: Operator Qualification. Compliance with the requirements of information, will not change burden 2. Description of the ICR. The proposed paragraph (d) is the option hour or cost estimates, and will not proposal creates new information that OSHA expects the vast majority of modify any language in the ICR. This collection requirements and modifies employers to use. preamble summarizes the first two approved information collection Section 1926.1427(f)—Evaluation categories to ensure that the ICR reflects requirements in the existing ‘‘Cranes the updated regulatory text, but not the and Derricks in Construction Standard’’ Proposed paragraph (f) sets out new last category of revisions. In addition, Information Collection. The major specific requirements that employers this preamble does not address the differences in the information collection must follow to conduct an operator proposed provisions that are requirements contained in the proposal evaluation and reevaluation, including substantively unchanged from the from the information collection documentation requirements. Proposed current, OMB-approved information requirements currently approved in the paragraph (f)(4) requires the employer to collection requirements. Discussion and ICR are discussed below and in more document the evaluation of each justification of these provisions can be specific detail in Section III: Summary operator and to ensure that the found in the preamble to the final crane and Explanation of the Proposed documentation is available at the standard (75 FR 48017) and also in the Amendments to Subpart CC. worksite. This paragraph also specifies Supporting Statements for this proposal the information that the documentation Section 1926.1427(a)—Operator as well as the approved Information would need to include: The operator’s Training, Certification, and Evaluation Collection. name, the evaluator’s name, the date of The Agency and OMB solicit The introductory text in proposed the evaluation, and the make, model comments on the Cranes and Derricks paragraph (a) sets out the employer’s and configuration of the equipment on Standard information collection responsibility to ensure that each which the operator was evaluated. requirements as they would be revised operator is certified/licensed in However, the documentation would not by this rule. Particularly, comments are accordance with subpart CC, and is need to be in any particular format. sought to: evaluated on his or her competence to Under the proposal, not all operators • Evaluate whether the proposed safely operate the equipment that will exempted from certification information collection requirements are be used, before the employer permits requirements would also be exempted necessary for the proper performance of him or her to operate equipment from the evaluation requirements. the Agency’s functions, including covered by subpart CC without Proposed paragraph § 1926.1427(a)(2) whether the information will have continuous monitoring. The proposed continues the existing exemption from practical utility; new approach provides a clearer the training and certification • Evaluate the accuracy of OSHA’s structure than the existing standard, requirements in that section for estimate of the time and cost burden of which was not designed to operators of three types of equipment: the proposed information collection accommodate both certification and derricks, sideboom cranes, and requirements, including the validity of evaluation. equipment with a maximum the methodology and assumptions used; manufacturer-rated hoisting/lifting • Enhance the quality, utility, and Section 1926.1427(c)—Certification and capacity of 2,000 pounds or less. In the clarity of the information to be Licensing current crane standard, these three types collected; and Under paragraph (c), the employer of equipment are exempt from all of the • Minimize the burden of the must ensure that each operator is requirements in § 1926.1427 as the information collection requirements on certified or licensed to operate the result of language in § 1926.1427(a) and those who are to respond, including equipment. Proposed paragraph (c) specific exemptions in §§ 1926.1436(q), through the use of appropriate retains the certification and licensing 1440(a), and 1441(a). The proposal

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would not, however, exempt employers rulemaking docket (Docket Number 13132 (see 75 FR 48128–29). The from the requirements in § 1926.1427(f) OSHA–2007–0066), along with their proposed amendments do not change to evaluate the potential operators of comments on other parts of the that conclusion. In states without an those types of equipment to ensure that proposed rule. For instructions on OSHA-approved State Plan, this they have sufficient knowledge and submitting these comments to the proposed rule would limit state policy skills to perform the assigned tasks with rulemaking docket, see the sections of options in the same manner as every the assigned equipment. Accordingly, this Federal Register notice titled DATES standard promulgated by OSHA. But the OSHA proposes to preserve the and ADDRESSES. proposed rule also requires compliance with state and local crane operator evaluation requirements through the E. Docket and Inquiries revision of the language in licensing programs that meet certain § 1926.1427(a) and corresponding edits A copy of the ICR for this proposal, minimum standards. For State Plan to narrow the exemptions in with applicable supporting States, Section 18 of the OSH Act, as §§ 1926.1436(q), 1440(a), and 1441(a). documentation; including a description noted in the previous paragraph, of the likely respondents, estimated permits State-Plan States to develop and Section 1926.1427(h)—Language and frequency of response, and estimated enforce their own cranes standards Literacy total burden may be obtained free of provided these requirements are at least Existing paragraph § 1926.1427(h) charge from the RegInfo.gov website at: as effective in providing safe and allows operators to be certified in a http://www.reginfo.gov/public/do/ healthful employment and places of language other than English, provided PRAViewICR?ref_nbr=201710-1218-002 employment as the requirements that the operator understands that (this link will only become active on the specified in this proposed rule. day following publication of this language. Proposed paragraph (h) is E. State Plans nearly identical to existing paragraph notice). Copies of these documents may (h) with the exception that it removes also be obtained by contacting Mr. When Federal OSHA promulgates a the reference to the existing Vernon Preston, Directorate of new standard or a more stringent qualification language in paragraph Construction, OSHA; telephone (202) amendment to an existing standard, (b)(2), which has been replaced. 693–2020; email Preston.Vernon@ State Plans must either amend their dol.gov. standards to be identical or ‘‘at least as Sections 1926.1436(q)—Derricks, effective as’’ the new standard or D. Federalism 1926.1440(a)—Sideboom Cranes, and amendment, or show that an existing 1926.1441(a)—Equipment With a Rated OSHA reviewed this proposed rule in state standard covering this area is ‘‘at Hoisting/Lifting Capacity of 2,000 accordance with the Executive Order on least as effective’’ as the new Federal Pounds or Less Federalism (Executive Order 13132, 64 standard or amendment (29 CFR As discussed earlier, OSHA proposed FR 43255, August 10, 1999), which 1953.5(a)). State Plans’ adoption must to amend paragraphs §§ 1926.1436(q) requires that Federal agencies, to the be completed within six months of the 1926.1440(a), and 1926.1441(a) to extent possible, refrain from limiting promulgation date of the final Federal ensure that the evaluation requirements state policy options, consult with states rule. When OSHA promulgates a new in§ 1926.1427(f) apply to employers prior to taking any actions that would standard or amendment that does not using derricks, sideboom cranes, and restrict state policy options, and take impose additional or more stringent equipment with a rated capacity of such actions only when clear requirements than an existing standard, 2,000 pounds or less. constitutional and statutory authority State Plans do not have to amend their Number of respondents: 117,130. exists and the problem is national in standards, although OSHA may Frequency of responses: Various. scope. Executive Order 13132 provides encourage them to do so. The 21 states Number of responses: 75,591. for preemption of state law only with and 1 U.S. territory with OSHA- Average time per response: Various. the expressed consent of Congress. approved occupational safety and health Estimated total burden hours: 4,773. Federal agencies must limit any such plans covering private sector and state Estimated cost (capital-operation and preemption to the extent possible. and local government are: Alaska, maintenance): $71. Under Section 18 of the Occupational Arizona, California, Hawaii, Indiana, Safety and Health Act of 1970 (OSH Act; Iowa, Kentucky, Maryland, Michigan, D. Submitting Comments 29 U.S.C. 651 et seq.), Congress Minnesota, Nevada, New Mexico, North In addition to submitting comments expressly provides that states and U.S. Carolina, Oregon, Puerto Rico, South directly to the Agency, members of the territories may adopt, with Federal Carolina, Tennessee, Utah, Vermont, public who wish to comment on the approval, a plan for the development Virginia, Washington, and Wyoming. Agency’s information collection and enforcement of occupational safety Connecticut, Illinois, Maine, New requirements in this proposal may send and health standards. OSHA refers to Jersey, New York, and the Virgin Islands written comments to the Office of such states and territories as ‘‘State Plan have OSHA-approved State Plans that Information and Regulatory Affairs, States.’’ Occupational safety and health apply to state and local government Attn: OMB Desk Officer for the DOL– standards developed by State Plan employees only. OSHA (RIN–1218–AC96), Office of States must be at least as effective in The amendments to OSHA’s cranes Management and Budget, Room 10235, providing safe and healthful standard in this proposed rule would Washington, DC 20503. You may also employment and places of employment require employers to implement submit comments to OMB by email at: as the Federal standards (29 U.S.C. 667). permanent evaluations of crane [email protected]. Please Subject to these requirements, State operators. These evaluations must be reference the ICR Reference Number Plan States are free to develop and documented and include more 201710–1218–002 in order to help enforce under state law their own specificity than the existing temporary ensure proper consideration. The requirements for safety and health employer duty to assess and train Agency encourages commenters also to standards. operators under § 1926.1427(k)(2). submit their comments related to the OSHA previously concluded from its Accordingly, State Plans would be Agency’s clarification of the information analysis that promulgation of subpart required to adopt an ‘‘at least as collection requirements to the CC complies with Executive Order effective’’ change to their standard.

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OSHA is also removing the existing deregulatory action. Details on the military meets the requirements of this requirement for crane operators to be estimated costs and cost savings section if he/she has a current operator certified by crane capacity as well as estimates for this proposed rule can be qualification issued by the U.S. military crane type. Because this change removes found in the rule’s economic analysis. for operation of the equipment. An a requirement rather than imposing one, employee of the U.S. military is a List of Subjects in 29 CFR Part 1926 State Plans would not be required to Federal employee of the Department of make this change, but may do so if they Certification, Construction industry, Defense or Armed Forces and does not so choose. Cranes, Derricks, Occupational safety include employees of private and health, Qualification, Safety, F. Unfunded Mandates Reform Act contractors. Training. (ii) A qualification under this When OSHA issued the final Cranes Signed at Washington, DC, on May 14, paragraph is: and Derricks in Construction rule, it 2018. (A) Not portable. Such a qualification reviewed the rule according to the Loren Sweatt, meets the requirements of paragraph (a) Unfunded Mandates Reform Act of 1995 of this section only where the operator (UMRA; 2 U.S.C. 1501 et seq.) and Deputy Assistant Secretary of Labor for Occupational Safety and Health. is employed by (and operating the Executive Order 13132 (64 FR 43255 equipment for) the employer that issued For the reasons stated in the preamble (Aug. 10, 1999)). OSHA concluded that the qualification. the final rule did not meet the definition of this proposed rule, OSHA proposes to (B) Valid for the period of time of a ‘‘Federal intergovernmental amend 29 CFR part 1926 as follows: stipulated by the issuing entity. mandate’’ under the UMRA because PART 1926—SAFETY AND HEALTH (b) Operator training. The employer OSHA standards do not apply to state or REGULATIONS FOR CONSTRUCTION must provide each operator-in-training local governments except in states that with sufficient training, through a voluntarily adopt State Plans. OSHA Subpart CC—Cranes and Derricks in combination of formal and practical further noted that the rule imposed Construction instruction, to ensure that the operator- costs of over $100 million per year on in-training develops the skills, the private sector and, therefore, ■ 1. The authority citation for subpart knowledge, and judgment necessary to required review under the UMRA for CC continues to read as follows: operate the equipment safely for those costs, but concluded that its final Authority: Section 3704 of the Contract assigned work. economic analysis met that requirement. Work Hours and Safety Standards Act (40 (1) The employer must provide As discussed above in Section III.A U.S.C. 3701); sections 4, 6, and 8 of the instruction on the knowledge and skills (Final Economic Analysis and Occupational Safety and Health Act of 1970 listed in paragraphs (j)(1) and (2) of this Regulatory Flexibility Analysis) of this (29 U.S.C. 653, 655, 657); Secretary of Labor’s section to the operator-in-training. preamble, this proposed rule has cost Order No. 5–2007 (72 FR 31159); and 29 CFR (2) The operator-in-training must be savings of approximately $1.8m per part 1911. continuously monitored on site by a year. Therefore, for the purposes of the ■ 2. Revise § 1926.1427 to read as trainer while operating equipment. UMRA, OSHA certifies that this follows: (3) The employer may only assign proposed rule would not mandate that tasks within the operator-in-training’s state, local, or tribal governments adopt § 1926.1427 Operator training, ability. However, the operator-in- new, unfunded regulatory obligations, certification, and evaluation. training shall not operate the equipment or increase expenditures by the private (a) The employer must ensure that in any of the following circumstances sector of more than $100 million in any each operator is trained, certified/ except as provided in paragraph year. licensed, and evaluated in accordance (b)(3)(v) of this section: with this section before operating any (i) If any part of the equipment, load G. Consultation and Coordination With equipment covered under subpart CC, line or load (including rigging and Indian Tribal Governments except for the equipment listed in lifting accessories), if operated up to the OSHA reviewed this proposed rule in paragraph (a)(2) of this section. equipment’s maximum working radius accordance with Executive Order 13175 (1) An employee who has not been in the work zone (see § 1926.1408(a)(1)), (65 FR 67249) and determined that it certified/licensed and evaluated to could get within 20 feet of a power line would not have ‘‘tribal implications’’ as operate assigned equipment in that is up to 350 kV, or within 50 feet defined in that order. The proposed rule accordance with this section may only of a power line that is over 350 kV. would not have substantial direct effects operate the equipment as an operator-in- (ii) If the equipment is used to hoist on one or more Indian tribes, on the training under supervision in personnel. relationship between the Federal accordance with the requirements of (iii) In multiple-equipment lifts. government and Indian tribes, or on the paragraph (b) of this section. (iv) If the equipment is used over a distribution of power and (2) Exceptions. Operator certification/ shaft, cofferdam, or in a tank farm. responsibilities between the Federal licensing and training under this section (v) In multiple-lift rigging operations, government and Indian tribes. is not required for operators of derricks except where the operator’s trainer (see § 1926.1436), sideboom cranes (see determines that the operator-in-training H. Executive Order 13771: Reducing § 1926.1440), or equipment with a skills are sufficient for this high-skill Regulation and Controlling Regulatory maximum manufacturer-rated hoisting/ work. Costs lifting capacity of 2,000 pounds or less (4) Monitored Training. The employer Consistent with E.O. 13771 (82 FR (see § 1926.1441). Note: The training must ensure that an operator-in-training 9339, February 3, 2017), OSHA has requirements in those other sections is monitored as follows when operating estimated at a 3 percent discount rate, continue to apply (for the training equipment covered by this subpart: there are net annual cost savings of requirement for operators of sideboom (i) Trainer. While operating the $1,738,540, and at a discount rate of 7 cranes, follow section 1926.1430(c)). equipment, the operator-in-training percent there is an annual cost savings (3) Qualification by the U.S. military. must be continuously monitored by an of $2,230,511. This proposed rule is (i) For purposes of this section, an individual (‘‘operator’s trainer’’) who expected to be an E.O. 13771 operator who is an employee of the U.S. meets all of the following requirements:

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(A) The operator’s trainer is an (ii) The testing meets industry- knowledge and skills requirements in employee or agent of the operator-in- recognized criteria for written testing paragraphs (j)(1) and (2) of this section. training’s employer. materials, practical examinations, test (v) Have its accreditation reviewed by (B) Have the knowledge, training, and administration, grading, facilities/ the nationally recognized accrediting experience necessary to direct the equipment, and personnel. agency at least every 3 years. operator-in-training on the equipment in (iii) The government authority that (2) If no accredited testing agency use. oversees the licensing department/office offers certification examinations for a (ii) While monitoring the operator-in- has determined that the requirements in particular type of equipment, an training, the operator’s trainer performs paragraphs (c)(1)(i) and (ii) of this operator will be deemed certified for no tasks that detract from the trainer’s section have been met. that equipment if the operator has been ability to monitor the operator-in- (iv) The licensing department/office certified for the type that is most similar training. has testing procedures for re-licensing to that equipment and for which a (iii) For equipment other than tower designed to ensure that the operator certification examination is available. cranes: The operator’s trainer and the continues to meet the technical The operator’s certificate must state the operator-in-training must be in direct knowledge and skills requirements in type of equipment for which the line of sight of each other. In addition, paragraphs (j)(1) and (2) of this section. operator is certified. they must communicate verbally or by (v) The license must specify the type, (3) A certification issued under this option is portable among employers hand signals. For tower cranes: The or type and capacity, of equipment for who are required to have operators operator’s trainer and the operator-in- which the individual is licensed. certified under this option. training must be in direct (vi) For the purposes of compliance with this section, a license is valid for (4) A certification issued under this communication with each other. paragraph is valid for 5 years. (iv) Continuous monitoring while the period of time stipulated by the licensing department/office, but no (e) Audited employer program. The operating the equipment. The operator- employer’s certification of its employee in-training must be monitored by the longer than 5 years. (2) Certification. When an operator is must meet the following requirements: operator’s trainer at all times, except for (1) The written and practical tests short breaks where all of the following not required to be licensed under paragraph (c)(1), the operator must be must be either: are met: (i) Developed by an accredited crane certified in accordance with paragraph (A) The break lasts no longer than 15 operator testing organization (see minutes and there is no more than one (d) or (e) of this section. (3) Whenever operator certification/ paragraph (d) of this section); or break per hour. (ii) Approved by an auditor in licensure is required under § 1926.1427, (B) Immediately prior to the break the accordance with the following the employer must provide the operator’s trainer informs the operator- requirements: certification at no cost to employees. in-training of the specific tasks that the (A) The auditor is certified to evaluate (4) A testing entity is permitted to such tests by an accredited crane operator-in-training is to perform and provide training as well as testing limitations to which he/she must adhere operator testing organization (see services as long as the criteria of the paragraph (d) of this section). during the operator trainer’s break. applicable governmental or accrediting (C) The specific tasks that the (B) The auditor is not an employee of agency (in the option selected) for an the employer. operator-in-training will perform during organization providing both services are the operator trainer’s break are within (C) The approval must be based on the met. auditor’s determination that the written the operator-in-training’s abilities. (d) Certification by an accredited (5) Retraining. The employer must and practical tests meet nationally crane operator testing organization. (1) recognized test development criteria provide refresher training in relevant For a certification to satisfy the topics for each operator when, based on and are valid and reliable in assessing requirements of this section, the crane the operator applicants regarding, at a the performance of the operator or an operator testing organization providing evaluation of the operator’s knowledge, minimum, the knowledge and skills the certification must: listed in paragraphs (j)(1) and (2) of this there is an indication that retraining is (i) Be accredited by a nationally necessary. section. recognized accrediting agency based on (D) The audit must be conducted in (c) Operator certification and that agency’s determination that accordance with nationally recognized licensing. The employer must ensure industry-recognized criteria for written auditing standards. that each operator is certified or testing materials, practical (2) Administration of tests. (i) The licensed to operate the equipment as examinations, test administration, written and practical tests must be follows: grading, facilities/equipment, and administered under circumstances (1) Licensing. When a state or local personnel have been met. approved by the auditor as meeting government issues operator licenses for (ii) Administer written and practical nationally recognized test equipment covered under subpart CC, tests that: administration standards. the equipment operator must be (A) Assess the operator applicant (ii) The auditor must be certified to licensed by that government entity for regarding, at a minimum, the knowledge evaluate the administration of the operation of equipment within that and skills listed in paragraphs (j)(1) and written and practical tests by an entity’s jurisdiction if that government (2) of this section. accredited crane operator testing licensing program meets the following (B) Provide certification based on organization (see paragraph (d) of this requirements: equipment type, or type and capacity. section). (i) The requirements for obtaining the (iii) Have procedures for operators to (iii) The auditor must not be an license include an assessment, by re-apply and be re-tested in the event an employee of the employer. written and practical tests, of the operator applicant fails a test or is (iv) The audit must be conducted in operator applicant regarding, at a decertified. accordance with nationally recognized minimum, the knowledge and skills (iv) Have testing procedures for re- auditing standards. listed in paragraphs (j)(1) and (2) of this certification designed to ensure that the (3) The employer program must be section. operator continues to meet the technical audited within 3 months of the

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beginning of the program and at least that the employer can demonstrate does and surface to handle expected loads, every 3 years thereafter. not require substantially different skills, site hazards, and site access. (4) The employer program must have knowledge, or judgment to operate. (F) This subpart, including applicable testing procedures for re-qualification (4) The employer must document the incorporated materials. designed to ensure that the operator completion of the evaluation. This (ii) The individual is able to read and continues to meet the technical document must provide: the operator’s locate relevant information in the knowledge and skills requirements in name; the evaluator’s name and equipment manual and other materials paragraphs (j)(1) and (2) of this section. signature; the date; and the make, containing information referred to in The re-qualification procedures must be model, and configuration of equipment paragraph (j)(1)(i) of this section. audited in accordance with paragraphs used in the evaluation. The employer (2) A determination through a (e)(1) and (2) of this section. must make the document available at practical test that the individual has the (5) Deficiencies. If the auditor the worksite. skills necessary for safe operation of the determines that there is a significant (5) When an employer is required to equipment, including the following: deficiency (‘‘deficiency’’) in the provide an operator with retraining (i) Ability to recognize, from visual program, the employer must ensure that: under paragraph (b)(6) of this section, and auditory observation, the items (i) No operator is qualified until the the employer must re-evaluate the listed in § 1926.1412(d) (shift auditor confirms that the deficiency has operator with respect to the subject of inspection). been corrected. the retraining. (ii) Operational and maneuvering (ii) The program is audited again (g) [Reserved.] skills. within 180 days of the confirmation that (h) Language and literacy (iii) Application of load chart the deficiency was corrected. requirements. (1) Tests under this information. (iii) The auditor files a documented section may be administered verbally, (iv) Application of safe shut-down report of the deficiency to the with answers given verbally, where the and securing procedures. appropriate Regional Office of the operator candidate: (k) Effective date. The certification Occupational Safety and Health (i) Passes a written demonstration of requirements of this section are Administration within 15 days of the literacy relevant to the work. applicable November 10, 2018. auditor’s determination that there is a (ii) Demonstrates the ability to use the ■ 3. Amend § 1926.1430 to: deficiency. type of written manufacturer procedures ■ a. Revise paragraphs (c)(1) and (c)(2); (iv) Records of the audits of the applicable to the class/type of ■ b. Remove paragraph (c)(3); and employer’s program are maintained by equipment for which the candidate is ■ c. Redesignate paragraph (c)(4) as the auditor for 3 years and are made seeking certification. (c)(3) to read as follows: available by the auditor to the Secretary (2) Tests under this section may be of Labor or the Secretary’s designated administered in any language the § 1926.1430 Training. representative upon request. operator candidate understands, and the * * * * * (6) A certification under this operator’s certification documentation (c) * * * paragraph is: must note the language in which the test (1) The employer must train each (i) Not portable. Such a certification was given. The operator is only operator in accordance with meets the requirements of paragraph (c) permitted to operate equipment that is § 1926.1427(a) and (b), on the safe of this section only where the operator furnished with materials required by operation of the equipment the operator is employed by (and operating the this subpart, such as operations manuals will be using. equipment for) the employer that issued and load charts, that are written in the (2) Operators excepted from the the qualification. language of the certification. requirements of § 1926.1427. The (ii) Valid for 5 years. (i) [Reserved.] employer must train each operator (f) Evaluation. (1) Through an (j) Certification criteria. Certifications covered under the exception of evaluation, the employer must ensure must be based on the following: § 1926.1427(a)(2) on the safe operation that each operator demonstrates: (1) A determination through a written of the equipment the operator will be (i) The skills, knowledge, and test that: using. judgment necessary to operate the (i) The individual knows the * * * * * equipment safely, including those information necessary for safe operation ■ 4. Amend § 1926.1436 by revising specific to the safety devices, of the specific type of equipment the paragraph (q) to read as follows: operational aids, software, and the size individual will operate, including all of and configuration of the equipment. the following: § 1926.1436 Derricks. Size and configuration includes, but is (A) The controls and operational/ * * * * * not limited to, lifting capacity, boom performance characteristics. (q) Qualification and Training. The length, attachments, luffing jib, and (B) Use of, and the ability to calculate employer must train each operator of a counterweight set-up. (manually or with a calculator), load/ derrick on the safe operation of (ii) The ability to perform the hoisting capacity information on a variety of equipment the individual will operate. activities required for assigned work, configurations of the equipment. Section 1926.1427 of this subpart including, if applicable, blind lifts, (C) Procedures for preventing and (Operator training, certification, and personnel hoisting, and multi-crane responding to power line contact. evaluation) does not apply, except for lifts. (D) Technical knowledge of the the evaluation requirements of (2) The evaluation must be conducted subject matter criteria listed in appendix § 1926.1427(f). by an individual who has the C of this subpart applicable to the ■ 5. Amend § 1926.1440 by revising knowledge, training, and experience specific type of equipment the paragraph (a) to read as follows: necessary to assess equipment individual will operate. Use of the operators. appendix C criteria meets the § 1926.1440 Sideboom cranes. (3) Once the evaluation is completed requirements of this provision. (a) The provisions of this subpart successfully, the employer may allow (E) Technical knowledge applicable to apply, except § 1926.1420 (Ground the operator to operate other equipment the suitability of the supporting ground conditions), § 1926.1415 (Safety

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devices), § 1926.1416 (Operational aids), following provisions of this subpart: of the load) (except for § 1926.1425(c)(3) and § 1926.1427 (Operator training, § 1926.1400 (Scope); § 1926.1401 (qualified rigger)); § 1926.1426 (Free fall certification, and evaluation) paragraphs (Definitions); § 1926.1402 (Ground and controlled load lowering); (a)–(e) and (g)–(k). Section 1926.1427(f) conditions); § 1926.1403 (Assembly/ § 1926.1427(f) (Evaluation); § 1926.1432 (Evaluation) applies. disassembly—selection of manufacturer (Multiple crane/derrick lifts— * * * * * or employer procedures); § 1926.1406 supplemental requirements); ■ 6. Amend § 1926.1441 by revising (Assembly/disassembly—employer § 1926.1434 (Equipment modifications); paragraph (a) to read as follows: procedures); §§ 1926.1407 through § 1926.1435 (Tower cranes); § 1926.1436 1926.1411 (Power line safety); (Derricks); § 1926.1437 (Floating cranes/ § 1926.1441 Equipment with a rated § 1926.1412(c) (Post-assembly); derricks and land cranes/derricks on hoisting/lifting capacity of 2,000 pounds or §§ 1926.1413 through 1926.1414 (Wire barges); § 1926.1438 (Overhead & gantry less. rope); § 1926.1418 (Authority to stop cranes). * * * * * operation); §§ 1926.1419 through * * * * * (a) The employer using this 1926.1422 (Signals); § 1926.1423 (Fall [FR Doc. 2018–10559 Filed 5–18–18; 8:45 am] equipment must comply with the protection); § 1926.1425 (Keeping clear BILLING CODE 4510–26–P

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Part III

The President

Notice of May 18, 2018—Continuation of the National Emergency With Respect to the Stabilization of Iraq

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Federal Register Presidential Documents Vol. 83, No. 98

Monday, May 21, 2018

Title 3— Notice of May 18, 2018

The President Continuation of the National Emergency With Respect to the Stabilization of Iraq

On May 22, 2003, by Executive Order 13303, the President declared a national emergency pursuant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701–1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States posed by obstacles to the orderly reconstruction of Iraq, the restoration and mainte- nance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq. The obstacles to the orderly reconstruction of Iraq, the restoration and mainte- nance of peace and security in the country, and the development of political, administrative, and economic institutions in Iraq continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared in Executive Order 13303, as modified in scope and relied upon for additional steps taken in Executive Order 13315 of August 28, 2003, Executive Order 13350 of July 29, 2004, Executive Order 13364 of November 29, 2004, Executive Order 13438 of July 17, 2007, and Executive Order 13668 of May 27, 2014, must continue in effect beyond May 22, 2018. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the stabilization of Iraq declared in Executive Order 13303. This notice shall be published in the Federal Register and transmitted to the Congress.

THE WHITE HOUSE, May 18, 2018. [FR Doc. 2018–11015

Filed 5–18–18; 11:15 am] Billing code 3295–F8–P

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Reader Aids Federal Register Vol. 83, No. 98 Monday, May 21, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 2018 ...... 23573 Presidential Documents 1 CFR Presidential Executive orders and proclamations 741–6000 426...... 19408, 19414 Determinations: The United States Government Manual 741–6000 3 CFR No. 2018-05 of April Other Services 20, 2018 ...... 20707 Proclamations: No. 2018-06 of April 741–6020 Electronic and on-line services (voice) 9704 (Amended by 30, 2018 ...... 20709 Privacy Act Compilation 741–6050 9739) ...... 20677 No. 2018-07 of April Public Laws Update Service (numbers, dates, etc.) 741–6043 9705 (Amended by 30, 2018 ...... 20711 9740) ...... 20683 Notice of May 10, 9710 (Amended by 2018 ...... 22175 ELECTRONIC RESEARCH 9739) ...... 20677 World Wide Web 9711 (Amended by 6 CFR 9740) ...... 20683 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 9729...... 19155 5...... 19020, 20738 is located at: www.fdsys.gov. 9730...... 19425 Federal Register information and research tools, including Public 9731...... 19599 7 CFR 9732...... 19601 Inspection List, indexes, and Code of Federal Regulations are 2...... 22177 9733...... 19893 located at: www.ofr.gov. 250...... 18913 9734...... 19895 625...... 23207 9735...... 19897 E-mail 636...... 23207 9736...... 19899 900...... 22831 FEDREGTOC (Daily Federal Register Table of Contents Electronic 9737...... 19901 925...... 21165 Mailing List) is an open e-mail service that provides subscribers 9738...... 19903 984...... 21841 with a digital form of the Federal Register Table of Contents. The 9739...... 20677 1006...... 21843 digital form of the Federal Register Table of Contents includes 9740...... 20683 1409...... 22177 HTML and PDF links to the full text of each document. 9741...... 20713 1415...... 23207 To join or leave, go to https://public.govdelivery.com/accounts/ 9742...... 22165 1465...... 23207 USGPOOFR/subscriber/new, enter your email address, then 9743...... 22167 1466...... 23207 follow the instructions to join, leave, or manage your 9744...... 22169 1468...... 23207 subscription. 9745...... 22171 1470...... 23207 9746...... 22347 PENS (Public Law Electronic Notification Service) is an e-mail 1773...... 19905 9747...... 23201 service that notifies subscribers of recently enacted laws. 3419...... 21846 9748...... 23203 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 9749...... 23205 Proposed Rules: 66...... 19860 and select Join or leave the list (or change settings); then follow Executive Orders: 930...... 21941 the instructions. 13198 (Amended by 945...... 21188 FEDREGTOC and PENS are mailing lists only. We cannot EO 13831)...... 20715 1255...... 22213 respond to specific inquiries. 13280 (Amended by Reference questions. Send questions and comments about the EO 13831)...... 20715 9 CFR Federal Register system to: [email protected] 13342 (Amended by EO 13831)...... 20715 101...... 22832 The Federal Register staff cannot interpret specific documents or 13397 (Amended by 116...... 22832 regulations. EO 13831)...... 20715 Proposed Rules: CFR Checklist. Effective January 1, 2009, the CFR Checklist no 13559 (Amended by 310...... 22604 EO 13831)...... 20715 longer appears in the Federal Register. This information can be 10 CFR found online at http://bookstore.gpo.gov/. 13199 (Revoked by EO 13831)...... 20715 75...... 19603 430...... 22587 FEDERAL REGISTER PAGES AND DATE, MAY 13498 (Revoked by EO 13831)...... 20715 Proposed Rules: 18913–19156...... 1 22831–23206...... 17 13831...... 20715 Ch. I ...... 19464 37...... 22413 19157–19426...... 2 23207–23348...... 18 13832...... 22343 13833...... 23345 19427–19602...... 3 23349–23574...... 21 12 CFR 19603–19904...... 4 Administrative Orders: 201...... 21167 19905–20706...... 7 Memorandums: Memorandum of April 1026...... 19159 20707–21164...... 8 26, 2018 ...... 19157 Proposed Rules: 21165–21706...... 9 Notices: 1...... 22312 21707–21840...... 10 Notice of May 9, 3...... 22312 21841–22176...... 11 2018 ...... 21839 5...... 22312 22177–22346...... 14 Notice of May 14, 23...... 22312 22347–22586...... 15 2018 ...... 22585 24...... 22312 22587–22830...... 16 Notice of May 18, 32...... 22312

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34...... 22312 416...... 20646 21171, 22194, 22389, 23218, 146...... 19431 46...... 22312 23224 147...... 19431, 21925 208...... 22312 21 CFR 117 ...... 19630, 21710, 21711, 153...... 21925 211...... 22312 1...... 22193 22199, 22389, 22390, 23220, 154...... 21925 215...... 22312 11...... 20731, 22193 23221, 23361 155...... 21925 217...... 22312 16...... 22193 147...... 20733, 22389 156...... 21925 223...... 22312 101...... 19619, 20731 165 ...... 18941, 18943, 18946, 157...... 21925 225...... 22312 102...... 19429 19436, 19963, 19965, 21712, 158...... 21925 252...... 22312 106...... 22193 21714, 21716, 21717, 21876, 47 CFR 324...... 22312 110...... 22193 21883, 21885, 21886, 21888, 325...... 22312 111...... 22193 22201, 22389, 22391, 22592, 1 ...... 19186, 19440, 21722, 327...... 22312 112...... 22193 23222, 23226, 23228, 23230, 21927 347...... 22312 114...... 22193 23362, 23364, 23366, 23367, 2...... 19976 390...... 22312 117...... 22193 23369, 23371 8...... 21927 1290...... 19188 120...... 22193 326...... 19180 20...... 21927, 23378 1291...... 19188 123...... 22193 Proposed Rules: 25...... 22391 129...... 22193 100 ...... 19656, 23392, 23395 51...... 22208 13 CFR 172...... 23358 117...... 19659, 23398 54 ...... 18948, 18951, 23380 120...... 19915, 19921 179...... 22193 151...... 21214 63...... 21181 211...... 22193 165 ...... 19025, 19189, 22225, 64...... 18951, 21723 14 CFR 507...... 22193 22894, 23242, 23400 68...... 23378 73 ...... 19186, 19459, 22209 23...... 19427, 21850 573...... 19934 37 CFR 25 ...... 18934, 19176, 23209 600...... 19936 76...... 19461 39 ...... 19176, 19615, 19922, 864...... 23212 Proposed Rules: 90...... 19976 42...... 21221 19925, 19928, 20719, 21169, 878...... 22846 Proposed Rules: 201...... 22896, 22902 21855, 21858, 21861, 21867, 880...... 19626 Ch. I ...... 21747 202 ...... 22609, 22896, 22902 22349, 22351, 22354, 22358, 1308...... 21826 0...... 20011 384...... 22907 1...... 19660, 22923 22360, 22362, 22589, 22836, Proposed Rules: 23349, 23351, 23355 38 CFR 2 ...... 19660, 20011, 23412 71 ...... 19617, 19930, 19931, 3...... 22428 15...... 19660 172...... 23382 3...... 20735 25...... 19660, 21746 19933, 21870, 21871, 22839, 17...... 21893, 21897 22840 201...... 22224 30...... 19660 73...... 18938 343...... 22224 40 CFR 32...... 22923 1308...... 21834 51...... 22923 97...... 20725, 20728 52 ...... 19438, 19631, 19637, 54...... 19196 Proposed Rules: 21174, 21178, 21719, 21907, 22 CFR 61...... 22923 21...... 19021 21909, 22203, 22207, 22853, 50...... 21872, 22848 64...... 21983 25...... 22214 23232, 23372 51...... 21872, 22848 69...... 22923 39 ...... 19466, 19648, 19983, 62...... 19184 73...... 21995 20740, 20743, 20745, 20748, 80...... 22593 23 CFR 76...... 19033 20751, 21191, 21194, 21196, 180 ...... 19968, 19972, 22595, 710...... 21709 90...... 20011 21199, 21946, 21948, 21951, 22854 21953, 21955, 21962, 21964, Proposed Rules: 300...... 22859, 23374 101...... 19660 625...... 21972 21966, 22219, 22222, 22414, Proposed Rules: 48 CFR 22417, 22420, 22422, 22426, 49...... 20775 26 CFR Ch. 1...... 19144, 19150 22883, 22886, 23240 51...... 19026 54...... 19431 16...... 19145 71 ...... 19469, 19471, 19472, 52 ...... 19191, 19194, 19476, 19...... 19146 19474, 19650, 19653, 19655, 19479, 19483, 19495, 19497, 28 CFR 22...... 19148 19986, 19987, 21968, 21970, 20002, 21226, 21233, 21235, 0...... 23360 49...... 19149 22888, 22889, 22891, 23381 21238, 21977, 22227, 22436, 32...... 22367 52...... 19148 Ch. II ...... 21684 22908, 22913, 23244, 23402, 201...... 19641 23407 29 CFR 212...... 19641 15 CFR 55...... 21254 1910...... 19936 215...... 19645 744...... 22842 62...... 19195 2590...... 19431 63 ...... 19499, 22438, 22754 246...... 19641 4022...... 22387 17 CFR 81 ...... 21238, 21977, 22235 252...... 19641 Proposed Rules: 232...... 22190 152...... 20004 Proposed Rules: 1910...... 19989 Appx. I Ch. 2 ...... 19677 249...... 22190 156...... 20004 1926...... 23534 219...... 19677 Proposed Rules: 174...... 20004 210...... 20753 30 CFR 180 ...... 20004, 20008, 22439, 49 CFR 22440, 23247 240...... 21416, 21574 925...... 22849 350...... 22865 249...... 21416 300 ...... 22918, 23408, 23409 Proposed Rules: 360...... 22865 275...... 21203 250...... 22128 42 CFR 365...... 22865 279...... 21416 926...... 20773 414...... 21912 373...... 22865 18 CFR 938...... 20774, 22607 431...... 19440 380...... 22865 Proposed Rules: 382...... 22865 37...... 21342 31 CFR 10...... 20008 383...... 22865 384...... 22865 19 CFR 408...... 18939 411...... 21018 412 ...... 20164, 20972, 21104 385...... 22865 32 CFR 201...... 21140 413...... 20164, 21018 387...... 22865 210...... 21140 291...... 19179 418...... 20934 390...... 22865 733...... 22852 393...... 22865 20 CFR 424...... 20164, 21018 2004...... 19950 495...... 20164 395...... 22865 404...... 21707 396...... 22865 Proposed Rules: 33 CFR 45 CFR 397...... 22865 404...... 20646 100 ...... 19179, 19628, 19630, 144...... 19431 398...... 22865

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1040...... 19647 222...... 21738 19461, 19462 Proposed Rules: 1552...... 23238 224...... 21182 660 ...... 19005, 19981, 22401 300...... 21748 622...... 22210, 22601 665...... 21939 622...... 22938 50 CFR 635 ...... 21744, 21936, 22602 679...... 22411 679...... 23250 17...... 21928, 22392 648 ...... 18965, 18972, 18985,

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List May 11, 2018 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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