Vol. 84 Wednesday, No. 132 July 10, 2019

Pages 32839–32974

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 132

Wednesday, July 10, 2019

Agriculture Department Energy Department See Farm Service Agency See Federal Energy Regulatory Commission See Food and Nutrition Service See Forest Service Environmental Protection Agency Antitrust Division RULES NOTICES Designation of Areas for Air Quality Planning Purposes: Changes Under the National Cooperative Research and California; Coachella Valley 8-Hour Ozone Nonattainment Production Act: Area; Reclassification to Extreme, 32841–32845 Cooperative Research Group on HEDGE IV, 32950 PROPOSED RULES Heterogeneous System Architecture Foundation, 32951 Air Quality State Implementation Plans; Approvals and Proposed Final Judgment and Competitive Impact Promulgations: Statement: Georgia; Miscellaneous Revisions, 32851–32852 United States v. Harris Corp. and L3 Technologies, Inc., State Hazardous Waste Management Program: 32951–32961 Texas, 32852–32853

Centers for Disease Control and Prevention Farm Service Agency NOTICES RULES Agency Information Collection Activities; Proposals, Emergency Conservation Program, 32839–32841 Submissions, and Approvals, 32918–32924 Request for Information: Mesothelioma Registry Feasibility, 32917 Federal Energy Regulatory Commission Technical Report: NOTICES The NIOSH Occupational Exposure Banding Process for Agency Information Collection Activities; Proposals, Chemical Risk Management, 32917 Submissions, and Approvals, 32908–32911, 32913– 32915 Centers for Medicare & Medicaid Services Application: NOTICES Pacific Gas and Electric Co., 32906–32907 Agency Information Collection Activities: Proposed Union Falls Hydropower LP, Erie Boulevard Hydropower Collection; Comment Request; Correction, 32924 LP, 32902–32903 Agency Information Collection Activities; Proposals, Combined Filings, 32900–32901, 32903–32908, 32911– Submissions, and Approvals, 32924–32927 32913 Complaint: Coast Guard City of Lubbock, Acting by and Through Its Municipally PROPOSED RULES Owned Electric Utility Lubbock Power and Light v. Special Local Regulations: Public Service Company of Colorado, Southwestern Festival of Sail Duluth 2019, Lake Superior, Duluth, MN, Public Service Co., 32901 32849–32851 Filing: Spire Storage West, LLC, 32915–32916 Commerce Department Initial Market-Based Rate Filings Including Requests for See International Trade Administration Blanket Section 204 Authorizations: See National Oceanic and Atmospheric Administration Renewable Energy Asset Management Group, LLC, NOTICES Request for Information: 32899–32900 Report on the State of Counterfeit and Pirated Goods Meetings: Trafficking and Recommendations, 32861–32863 ISO New England Inc.; Constellation Mystic Power, LLC, 32903–32904 Commodity Futures Trading Commission Petition for Declaratory Order: NOTICES SFPP, LP, 32901–32902 Requests for Nominations: Climate-Related Market Risk Subcommittee Under the Federal Highway Administration Market Risk Advisory Committee, 32888–32889 NOTICES Final Federal Agency Actions: Education Department California; Proposed Highway, 32970–32971 NOTICES California; Proposed Highway Improvement, 32969– Agency Information Collection Activities; Proposals, 32970 Submissions, and Approvals: Foreign Schools Eligibility Criteria Apply To Participate in Title IV HEA Programs, 32895 Federal Reserve System Privacy Act; Systems of Records, 32889–32895 NOTICES Privacy Act; Systems of Records: Formations of, Acquisitions by, and Mergers of Savings and Migrant Student Information Exchange, 32895–32899 Loan Holding Companies, 32916

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Fish and Wildlife Service Taxpayer Advocacy Panel’s Special Projects Committee, NOTICES 32973 Marine Mammals; Incidental Take During Specified Taxpayer Advocacy Panel’s Toll-Free Phone Line Project Activities: Committee, 32972 Proposed Incidental Harassment Authorizations for Taxpayer Advocacy Panel’s Tax Forms and Publications Northern Sea Otters in Southeast Alaska, 32932– Project Committee, 32972 32945 International Trade Administration Food and Drug Administration NOTICES PROPOSED RULES Antidumping or Countervailing Duty Investigations, Orders, Guidance: or Reviews: The Use of an Alternate Name for Potassium Chloride in Certain Cold-Rolled Steel Flat Products From the Food Labeling, 32848–32849 Republic of Korea, 32875–32878 NOTICES Certain Corrosion-Resistant Steel Products From Republic Guidance: of Korea, 32871–32875 Risk Evaluation and Mitigation Strategies: Modifications Certain Corrosion-Resistant Steel Products From Taiwan, and Revisions, 32928–32929 32864–32867 New Drug Applications: Heavy Walled Rectangular Welded Carbon Steel Pipes Apotex, Inc.; Withdrawal of Approval of 31 Abbreviated, and Tubes From Mexico, 32870–32871 32927–32928 Uncovered Innerspring Units From the People’s Republic of China, South Africa, and Socialist Republic of Food and Nutrition Service Vietnam, 32878–32879 NOTICES Determination of Sales at Less Than Fair Value: Agency Information Collection Activities; Proposals, Mattresses From the People’s Republic of China, 32867– Submissions, and Approvals: 32870 Review of Major Changes in the Supplemental Nutrition Assistance Program, 32859–32860 Justice Department Forest Service See Antitrust Division NOTICES Land Management Bureau Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Final Supplementary Rules: Generic Clearance To Conduct Survey Improvement Fort Ord National Monument, CA, 32845–32847 Projects, 32860–32861 NOTICES General Services Administration Public Land Order: NOTICES Alaska, 32945–32950 Unique Entity ID Standard for Awards Management, Temporary Travel Restriction on Public Lands: 32916–32917 Moffat County, CO, 32950 Health and Human Services Department Management and Budget Office See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Request for Information: See Food and Drug Administration Identifying Priority Access or Quality Improvements for See National Institutes of Health Federal Data and Models for Artificial Intelligence Research and Development, and Testing, 32962– Homeland Security Department 32963 See Coast Guard NOTICES National Aeronautics and Space Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Notification Requirements Regarding Findings of Cybersecurity and Infrastructure Security Agency Discrimination, Sexual Harassment, Other Forms of Vulnerability Assessments, 32930–32931 Harassment, or Sexual Assault, 32963–32964 IP Gateway User Registration, 32931–32932 National Institutes of Health Interior Department NOTICES See Fish and Wildlife Service Meetings: See Land Management Bureau National Heart, Lung, and Blood Institute, 32929–32930 National Library of Medicine, 32929 Internal Revenue Service NOTICES National Oceanic and Atmospheric Administration Meetings: PROPOSED RULES Taxpayer Advocacy Panel Joint Committee, 32972–32973 Rejection of the Petition To Ban Imports of All Fish and Taxpayer Advocacy Panel’s Taxpayer Assistance Center Fish Products From New Zealand That Do Not Satisfy Project Committee, 32971 the Marine Mammal Protection Act, 32853–32858 Taxpayer Advocacy Panel’s Taxpayer Communications NOTICES Project Committee, 32971–32972 Environmental Assessments; Availability, etc.: Taxpayer Advocacy Panel’s Notices and Correspondence Pacific Island Fisheries; American Samoa Bottomfish Project Committee, 32971 Fishery Disaster Relief, 32888

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Proposed Boundary Expansion of the Guana Tolomato Nebraska, 32968 Matanzas National Estuarine Research Reserve, Ohio, 32969 32880–32881 Meetings: Surface Transportation Board Evaluation of State Coastal Management Programs, NOTICES 32879–32880 Release of Waybill Data, 32969 New England Fishery Management Council, 32879 Takes of Marine Mammals Incidental to Specified Activities: Transportation Department Bremerton Ferry Terminal Dolphin Relocation Project in See Federal Highway Administration Washington State, 32881–32888 Treasury Department National Transportation Safety Board See Internal Revenue Service NOTICES Meetings; Sunshine Act, 32964–32965

Nuclear Regulatory Commission Reader Aids NOTICES Consult the Reader Aids section at the end of this issue for Environmental Assessments; Availability, etc.: phone numbers, online resources, finding aids, and notice Maine Yankee Atomic Power Co.; Independent Spent of recently enacted public laws. Fuel Storage Installation, 32965–32968 To subscribe to the Federal Register Table of Contents Small Business Administration electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Major Disaster Declaration: address, then follow the instructions to join, leave, or Iowa, 32968–32969 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.

7 CFR 701...... 32839 21 CFR Proposed Rules: 101...... 32848 102...... 32848 33 CFR Proposed Rules: 100...... 32849 40 CFR 81...... 32841 Proposed Rules: 52...... 32851 271...... 32852 272...... 32852 43 CFR 8365...... 32845 50 CFR Proposed Rules: 216...... 32853

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Rules and Regulations Federal Register Vol. 84, No. 132

Wednesday, July 10, 2019

This section of the FEDERAL REGISTER to rehabilitate farmland damaged by Maximum ECP Payments per Person or contains regulatory documents having general wind erosion, floods, hurricanes, or Legal Entity applicability and legal effect, most of which other natural disasters as determined by are keyed to and codified in the Code of Prior to this rule, a person or legal the Deputy Administrator. Section 2403 entity was limited to a maximum ECP Federal Regulations, which is published under of the 2018 Farm Bill (Pub. L. 115–334) 50 titles pursuant to 44 U.S.C. 1510. cost share of $200,000 per person or made changes to the ECP provisions. legal entity, per disaster event. This rule The Code of Federal Regulations is sold by For ECP, the 2018 Farm Bill amended will increase the maximum per person the Superintendent of Documents. the Agricultural Credit Act of 1978 (16 or legal entity payment limitation to U.S.C. 2201), by adding wildfires as an $500,000. eligible natural disaster for which DEPARTMENT OF AGRICULTURE payments may be provided to eligible Advanced Payment Option for Fences producers. The changes to the Farm Service Agency The 2018 Farm Bill authorizes a set regulations include: aside of funds to provide that 25 percent • 7 CFR Part 701 Adding an additional category to of funding is to be used for the repair natural disasters to be consistent with or replacement of fencing. The rule also [Docket No. FSA–2019–0006] the changes to the ECP provisions; adds § 701.128 for advance payments of RIN 0560–AI46 • Making a portion of the cost-share up to 25 percent of the cost of repairing payments for the repair or replacement or replacement of fencing before the Emergency Conservation Program of fencing available to eligible producers repair or replacement is carried out. In prior to the producer carrying out the the event this cost share assistance is AGENCY: Farm Service Agency, USDA. repair or replacement; not spent within 60 calendar days of ACTION: Final rule. • Increasing the maximum payment being issued, the participant will be SUMMARY: The Agriculture Improvement amount a producer can receive under required to refund the cost-share Act of 2018 (2018 Farm Bill) amended ECP; payment. provisions of the Emergency • Establishing a maximum payment EFRP Maximum Financial Assistance Conservation Program (ECP). This rule percentage that a producer who is a implements those changes to ECP and socially disadvantaged or beginning The rule revises § 701.226 to clarify makes additional minor technical farmer or rancher may receive; and that an EFRP participant will not amendments to the ECP regulations. The • receive more than 75 percent of the total Making minor technical changes to cost of the emergency measures carried Farm Service Agency (FSA) is amending the existing ECP and EFRP regulations. regulations to add wildfires as an out by the participant; and, that the eligible natural disaster, expand Definitions $500,000 maximum applies for a person eligibility requirements, increase the or legal entity, per natural disaster. In FSA is relocating definitions addition, there is no provision for a maximum payment amount certain applicable to EFRP into the general participants may receive, provide cost- waiver of the above-described EFRP definitions section in § 701.2. The limits for financial assistance. share for fence repair and replacement, defined terms are ‘‘Commercial forest and provide certain cost-share payments land,’’ ‘‘Nonindustrial private forest Effective Date and Notice and Comment more expeditiously than was previously land,’’ and ‘‘Owners of nonindustrial The Administrative Procedure Act authorized under ECP. In addition, this private forest land.’’ (APA; 5 U.S.C. 553) provides that the rule makes minor changes related to the notice and comment and 30-day delay Emergency Forest Restoration Program Maximum Cost Share Percentages in the effective date provisions do not (EFRP). Prior to this rule, a qualified limited apply when the rule involves specified DATES: Effective July 10, 2019. resource farmer or rancher that actions, including matters relating to FOR FURTHER INFORMATION CONTACT: participated in ECP may have received benefits. This rule relates to benefits and Shanita Landon; telephone: (202) 690– reimbursement of up to 90 percent of thus falls within that exemption. 1612; or email: the total allowable cost. The 2018 Farm This rule is not a major rule under shanita.landon@fxsp0;usda.gov. Persons Bill expands this maximum cost-share Congressional Review Act. Therefore, with disabilities who require alternative to include socially disadvantaged and FSA is not required to delay the means for communication should beginning farmers and ranchers, while effective date for 60 days from the date contact the USDA Target Center at (202) in all cases limiting total payment for a of publication to allow for 720–2600 (voice). single event to an amount not to exceed Congressional review. SUPPLEMENTARY INFORMATION: 50 percent of the agricultural value of Therefore, this rule is effective on the the land. date of publication the Federal Register. Background This rule continues the maximum Through ECP, FSA provides payments cost-share payments that can be made to Executive Orders 12866, 13563, 13771, to farmers and ranchers to rehabilitate a farmer or rancher who is not a limited- and 13777 farmland damaged by certain natural resource, socially disadvantaged, or Executive Order 12866, ‘‘Regulatory disasters and to implement emergency beginning farmer or rancher, to no more Planning and Review,’’ and Executive water conservation measures in periods than 75 percent of the total allowable Order 13563, ‘‘Improving Regulation of severe drought. ECP provides cost- cost, not to exceed 50 percent of the and Regulatory Review,’’ direct agencies share assistance to farmers or ranchers agricultural value of the land. to assess all costs and benefits of

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available regulatory alternatives and, if Environmental Review provisions of 7 CFR parts 11 and 780 are regulation is necessary, to select to be exhausted. regulatory approaches that maximize The environmental impacts of this Executive Order 13132 net benefits (including potential rule have been considered in a manner economic, environmental, public health consistent with the provisions of the This rule has been reviewed under and safety effects, distributive impacts, National Environmental Policy Act Executive Order 13132, ‘‘Federalism.’’ and equity). Executive Order 13563 (NEPA, 42 U.S.C. 4321–4347), the The policies contained in this rule do emphasized the importance of regulations of the Council on not have any substantial direct effect on quantifying both costs and benefits, of Environmental Quality (40 CFR parts States, on the relationship between the reducing costs, of harmonizing rules, 1500–1508), and FSA regulations for Federal government and the States, or and of promoting flexibility. The compliance with NEPA (7 CFR part on the distribution of power and requirements in Executive Orders 12866 799). This rule includes changes responsibilities among the various and 13563 for the analysis of costs and mandated by the 2018 Farm Bill and levels of government, except as required benefits apply to rules that are discretionary technical amendments by law. Nor does this rule impose determined to be significant. Executive that are administrative in nature. substantial direct compliance costs on Order 13777, ‘‘Enforcing the Regulatory Accordingly, the discretionary State and local governments. Therefore, Reform Agenda,’’ established a federal provisions of this action are covered by consultation with the States is not policy to alleviate unnecessary the Categorical Exclusion, found in 7 required. regulatory burdens on the American CFR 799.31(b)(2)(iii) for minor Executive Order 13175 people. amendments or revisions to previously The Office of Management and Budget approved actions and § 799.31(b)(3)(i), This rule has been reviewed in (OMB) designated this rule as not for the issuance of minor technical accordance with the requirements of significant under Executive Order corrections to regulations. No Executive Order 13175, ‘‘Consultation 12866, ‘‘Regulatory Planning and Extraordinary Circumstances (§ 799.33) and Coordination with Indian Tribal Review,’’ and therefore, OMB has not exist. As such, the implementation of Governments.’’ Executive Order 13175 reviewed this rule and an analysis of the the discretionary technical amendments requires Federal agencies to consult and costs and benefits is not required under provided in this rule does not constitute coordinate with Tribes on a either Executive Orders 12866 or 13563. a major Federal action that would government-to-government basis on Executive Order 13771, ‘‘Reducing significantly affect the quality of the policies that have tribal implications, Regulation and Controlling Regulatory human environment, individually or including regulations, legislative Costs,’’ requires that in order to manage cumulatively. Therefore, FSA will not comments or proposed legislation, and the private costs required to comply prepare an environmental assessment or other policy statements or actions that with Federal regulations that for every environmental impact statement for this have substantial direct effects on one or new significant or economically regulatory action and this rule serves as more Indian Tribes, on the relationship significant regulation issued, the new the environmental screening between the Federal Government and costs must be offset by the elimination documentation of the programmatic Indian Tribes or on the distribution of of at least two prior regulations. As this environmental compliance decision for power and responsibilities between the rule is designated not significant, it is this federal action. Federal Government and Indian Tribes. not subject to Executive Order 13771. In FSA has assessed the impact of this a general response to the requirements Executive Order 12372 rule on Indian Tribes and determined of Executive Order 13777, USDA that this rule does not, to our Executive Order 12372, created a Regulatory Reform Task Force, knowledge, have Tribal implications ‘‘Intergovernmental Review of Federal and USDA agencies were directed to that requires Tribal consultation under Programs,’’ requires consultation with remove barriers, reduce burdens, and Executive Order 13175. If a Tribe State and local officials. The objectives provide better customer service both as requests consultation, FSA will work of the Executive Order are to foster an part of the regulatory reform of existing with the USDA Office of Tribal regulations and as an ongoing approach. intergovernmental partnership and a Relations to ensure meaningful FSA reviewed this regulation and made strengthened Federalism, by relying on consultation is provided where changes, changes to improve any provision that State and local processes for State and additions, and modifications identified was determined to be outdated, local government coordination and in this rule are not expressly mandated unnecessary, or ineffective. review of proposed Federal financial by the 2018 Farm Bill. assistance and direct Federal Regulatory Flexibility Act development. For reasons specified in Unfunded Mandates The Regulatory Flexibility Act (5 the final rule related notice regarding 7 Title II of the Unfunded Mandates U.S.C. 601–612), as amended by the CFR part 3015, subpart V (48 FR 29115, Reform Act of 1995 (UMRA, Pub. L. Small Business Regulatory Enforcement June 24, 1983), the programs and 104–4) requires Federal agencies to Fairness Act of 1996 (SBREFA), activities in this rule are excluded from assess the effects of their regulatory generally requires an agency to prepare the scope of Executive Order 12372. actions on State, local, and Tribal a regulatory analysis of any rule Executive Order 12988 governments, or the private sector. whenever an agency is required by APA Agencies generally need to prepare a or any other law to publish a proposed This rule has been reviewed under written statement, including a cost rule, unless the agency certifies that the Executive Order 12988, ‘‘Civil Justice benefit analysis, for proposed and final rule will not have a significant Reform.’’ This rule would not preempt rules with Federal mandates that may economic impact on a substantial State or local laws, regulations, or result in expenditures of $100 million or number of small entities. This rule is policies unless they represent an more in any 1 year for State, local, or not subject to the Regulatory Flexibility irreconcilable conflict with this rule. Tribal governments, in the aggregate, or Act since FSA is not required to publish Before any judicial actions may be to the private sector. UMRA generally a notice of proposed rulemaking for this brought regarding the provisions of this requires agencies to consider rule. rule, the administrative appeal alternatives and adopt the more cost

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effective or least burdensome alternative (b) * * * ■ 6. Add § 701.128 to read as follows: that achieves the objectives of the rule. Commercial forest land means forest This rule contains no Federal land with trees intended to be harvested § 718.128 Repair or replacement of mandates, as defined in Title II of for commercial purposes that has a fencing. UMRA, for State, local, and Tribal productivity potential greater than or (a) With respect to a payment to an governments or the private sector. equal to 20 cubic feet per year of agricultural producer for the repair or Therefore, this rule is not subject to the merchantable timber. replacement of fencing, the agricultural requirements of sections 202 and 205 of * * * * * producer has the option of receiving up UMRA. Nonindustrial private forest land to 25 percent of the projected payment, determined based on the applicable Federal Assistance Programs means rural commercial forest lands with existing tree cover, or which are percentage of the fair market value of The title and number of the Federal suitable for growing trees, that are the cost of the repair or replacement, as Domestic Assistance Program in the owned by a private non-industrial forest determined by FSA before the Catalog of Federal Domestic Assistance, landowner as defined in this section. agricultural producer carries out the to which this rule applies is 10.054— Owners of nonindustrial private forest repair or replacement. Emergency Conservation Program. means, for purposes of the EFRP, an (b) If the funds provided under paragraph (a) of this section are not Paperwork Reduction Act individual, group, association, corporation, Indian Tribe, or other legal spent by the agricultural producer In the accordance with the Paperwork private entity owning nonindustrial within 60 calendar days of the date on Reduction Act of 1995 (44 U.S.C. 3501– private forest land or who receives which the agricultural producer receives 3520), this rule does not change the concurrence from the landowner for those funds, the funds must be returned information collection approved by making the claim in lieu of the owner; to FSA by a date determined by FSA. OMB under OMB control number 0560– and, for practice implementation, the (c) Payments made under this section 0082. one who holds a lease on the land for are subject to the availability of funds. E-Government Act Compliance a minimum of 10 years. Owners or ■ 7. Amend § 701.203 as follows: ■ a. Revise the section heading; and FSA are committed to complying with lessees principally engaged in the ■ b. In paragraph (a), remove ‘‘on or the E-Government Act, to promote the primary processing of raw wood after January 1, 2010,’’. use of the internet and other products are excluded from this The revision reads as follow. information technologies to provide definition. Owners of land leased to lessees who would be excluded under increased opportunities for citizen § 701.203 Eligible measures, objectives, access to Government information and the previous sentence are also excluded. and assistance. services, and for other purposes. ■ 3. Amend § 701.103 as follows: ■ a. Revise section heading; * * * * * List of Subjects in 7 CFR Part 701 ■ b. In paragraph (a), remove ‘‘or other’’ § 701.205 [Amended] and add ‘‘wildfire, or other’’ in its place; Disaster assistance, Environmental ■ 8. Amend § 701.205 paragraph (a)(2) protection, Forests and forest products, and ■ c. In paragraph (b), remove ‘‘wind’’ by removing ‘‘, which occurred on or Grant programs—agriculture, Grant after January 01, 2010,’’. programs—natural resources, Reporting and add ‘‘wildfire, wind’’ in its place. and recordkeeping requirements, Rural The revision reads as follows: § 701.226 [Amended] areas, Soil conservation, Water § 701.103 Eligible losses, objective, and ■ 9. Amend § 701.226 as follows: resources, Wildlife. payments. ■ a. In paragraph (b), remove ‘‘A For the reasons discussed above, FSA * * * * * person,’’ and add ‘‘A person, or legal amends 7 CFR part 701 as follows: ■ 4. Amend § 701.126 as follows: entity,’’ in its place and remove ■ a. In paragraph (a), remove ‘‘lesser of ‘‘disaster’’ and add ‘‘natural disaster’’ in PART 701—EMERGENCY the participant’s total actual cost or of its place; and CONSERVATION PROGRAM, the’’; ■ b. Remove paragraph (c). EMERGENCY FOREST RESTORATION ■ b. Revise paragraph (b); and PROGRAM, AND CERTAIN RELATED ■ c. In paragraph (c), remove ‘‘shall’’ Steven Peterson, PROGRAMS PREVIOUSLY and adding ‘‘will’’ in its place. Acting Administrator, Farm Service Agency. ADMINISTERED UNDER THIS PART The revision reads as follow. [FR Doc. 2019–14346 Filed 7–9–19; 8:45 am] BILLING CODE 3410–05–P ■ 1. The authority citation for part 701 § 701.126 Maximum cost-share continues to read as follows: percentage. Authority: 16 U.S.C. 2201–2206; Sec. 101, * * * * * ENVIRONMENTAL PROTECTION Pub. L. 109–148, 119 Stat. 2747; and Pub. (b) However, notwithstanding AGENCY L.111–212, 124 Stat. 2302. paragraph (a) of this section, a producer who is a limited resource, socially 40 CFR Part 81 Subpart B—Emergency Conservation disadvantaged, or beginning farmer or Program rancher that participates in ECP may [EPA–R09–OAR–2019–0840; FRL–9996–12– Region 9] ■ 2. In § 701.2, add definitions for receive up to 90 percent of the total allowable costs expended to perform the ‘‘Commercial forest land’’, Designation of Areas for Air Quality practice as determined under this part. ‘‘Nonindustrial private forest land’’, and Planning Purposes; California; ‘‘Owners of nonindustrial private forest * * * * * Coachella Valley 8-Hour Ozone land’’ in alphabetical order. § 701.127 [Amended] Nonattainment Area; Reclassification The additions read as follows: to Extreme ■ 5. Amend § 701.127 by removing § 701.2 Definitions. ‘‘$200,000’’ and adding ‘‘$500,000’’ in AGENCY: Environmental Protection * * * * * its place. Agency (EPA).

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ACTION: Final rule. attain the 1997 ozone NAAQS as Court held that the EPA is required to expeditiously as practicable, but no later continue to reclassify areas that fail to SUMMARY: Under the Clean Air Act than eight years from designation, i.e., attain by the relevant attainment (CAA or the ‘‘Act’’), the Environmental June 15, 2012. On November 28, 2007, deadlines because mandatory Protection Agency (EPA) is granting a the California Air Resources Board reclassification under CAA section request from the State of California to (CARB) requested that the EPA 181(b)(2) must be retained as an anti- reclassify the Coachella Valley ozone reclassify the Coachella Valley backsliding control after revocation.7 nonattainment area from ‘‘Severe-15’’ to nonattainment area from Serious to The Court did not address voluntary ‘‘Extreme’’ for the 1997 8-hour ozone Severe-15. The EPA granted the reclassifications requested by states, but national ambient air quality standards reclassification, effective June 4, 2010, such reclassifications are consistent (NAAQS). This action does not with an attainment date of not later than with the general scheme for reclassify any areas of Indian country June 15, 2019.2 On June 11, 2019, CARB implementing CAA emissions controls within the boundaries of the Coachella submitted a request that the EPA to achieve attainment and taking this Valley 1997 ozone nonattainment area. reclassify the Coachella Valley area from action will serve to clarify the area’s DATES: This rule is effective on July 10, Severe-15 to Extreme for the 1997 ozone anti-backsliding obligations with respect 2019. NAAQS. to the revoked 1997 standards. ADDRESSES: The EPA has established a We are approving CARB’s Within the geographic boundaries of docket for this action under Docket ID reclassification request under section Coachella Valley is Indian country No. EPA–R09–OAR–2019–0840. All 181(b)(3) of the Act, which provides for under the jurisdiction of the Agua 3 documents in the docket are listed on ‘‘voluntary reclassification.’’ The Caliente Band of Cahuilla Indians, the the https://www.regulations.gov provision for voluntary reclassification Augustine Band of Cahuilla Mission website. Although listed in the index, has been brought forward as part of the Indians, the Cabazon Band of Mission some information is not publicly transition from the 1-hour ozone Indians, the Santa Rosa Band of standard to the 1997 8-hour ozone Cahuilla Indians, the Torres Martinez available, e.g., confidential business 4 information (CBI) or other information standard. Because the plain language of Desert Cahuilla Indians, and the whose disclosure is restricted by statute. section 181(b)(3) mandates that we Twenty-Nine Palms Band of Mission Certain other material, such as approve such a request, the EPA is Indians. Because the State of California copyrighted material, is not placed on granting CARB’s request for voluntary does not have jurisdiction over Indian the internet and will be publicly reclassification under section 181(b)(3) country located within its borders, available only in hard copy form. for the Coachella Valley nonattainment CARB’s request to reclassify the area for the 1997 ozone NAAQS, and the Coachella Valley does not apply to these Publicly available docket materials are EPA is reclassifying the area from areas of Indian country. The EPA available through https:// Severe-15 to Extreme. Because of this implements federal CAA programs, www.regulations.gov, or please contact action, the Coachella Valley must now including reclassifications, in Indian the person identified in the FOR FURTHER attain the 1997 ozone NAAQS as country consistent with our INFORMATION CONTACT section for expeditiously as practicable, but no later discretionary authority under sections additional information. than twenty years from the date of 301(a) and 301(d)(4) of the CAA. The For the full EPA public comment designation as nonattainment, i.e., June EPA has not received a reclassification policy, information about CBI or 15, 2024. We will propose a schedule request from any tribe with jurisdiction multimedia submissions, and general for required plan submittals for within the Coachella Valley, and this guidance on making effective Coachella Valley under the new action does not reclassify any areas of comments, please visit https:// classification in a separate action. Indian country within the Coachella www.epa.gov/dockets/commenting-epa- The EPA revoked the 1997 ozone Valley.8 In this action, we are adding dockets. NAAQS with the promulgation of the regulatory text to 40 CFR part 81 to FOR FURTHER INFORMATION CONTACT: Tom 2008 ozone NAAQS,5 and certain distinguish the areas of Indian country Kelly, EPA Region IX, 75 Hawthorne St., requirements of the 1997 ozone NAAQS that will retain the Severe-15 San Francisco, CA 94105. By phone: continue to apply as anti-backsliding classification from the state areas that (415) 972–3856 or by email at measures under CAA section 172(e). are included in the reclassification to [email protected]. The United States Court of Appeals for Extreme. SUPPLEMENTARY INFORMATION: the District of Columbia Circuit’s The EPA has determined that this Throughout this document, ‘‘we,’’ ‘‘us’’ decision in South Coast Air Quality action falls under the ‘‘good cause’’ and ‘‘our’’ refer to the EPA. Management District v. EPA, 882 F.3d exemption in section 553(b)(3)(B) of the 1138 (D.C. Cir. 2018) (‘‘South Coast II’’) Administrative Procedure Act (APA) Table of Contents recently addressed the EPA’s obligation which, upon finding ‘‘good cause,’’ I. Reclassification of Coachella Valley to to reclassify areas for the revoked 1997 authorizes agencies to dispense with Extreme Ozone Nonattainment ozone NAAQS where those areas failed II. Statutory and Executive Order Reviews to attain by their attainment date.6 The EPA’s Phase 1 implementation rule for the 1997 ozone standard. South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. I. Reclassification of Coachella Valley 2 See 75 FR 24409 (May 5, 2010). 2006). to Extreme Ozone Nonattainment 3 42 U.S.C. 7511(b)(3). 7 South Coast II, 882 F.3d at 1147–48. 4 Effective June 15, 2004, we classified See 40 CFR 51.903(b) (‘‘A State may request a 8 The EPA has notified the Agua Caliente Band of a portion of Riverside County (Coachella higher classification for any reason in accordance Cahuilla Indians, the Augustine Band of Cahuilla with section 181(b)(3) of the CAA’’) and 40 CFR Mission Indians, the Cabazon Band of Mission Valley) under the CAA as ‘‘Serious’’ for 51.903(a), Table 1. 1 Indians, the Santa Rosa Band of Cahuilla Indians, the 1997 8-hour ozone NAAQS. Our 5 80 FR 12263 (March 6, 2015). the Torres Martinez Desert Cahuilla Indians, and classification of Coachella Valley as a 6 South Coast Air Quality Management Dist. v. the Twenty-Nine Palms Band of Mission Indians of Serious ozone nonattainment area EPA, 882 F.3d 1138, 1147–48 (D.C. Cir. 2018). The CARB’s intention to seek a voluntary term ‘‘South Coast II’’ is used in reference to the reclassification, and we clarified that CARB’s established a requirement that the area 2018 court decision to distinguish it from a decision reclassification request includes only state lands published in 2006 also referred to as ‘‘South Coast.’’ and that the EPA’s approval of the request will not 1 See 69 FR 23858 (April 30, 2004). The earlier decision involved a challenge to the apply to Indian country.

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public participation where public notice ‘‘Actions Concerning Regulations That Risks and Safety Risks’’ (62 FR 19885, and comment procedures are Significantly Affect Energy Supply, April 23, 1997), because EPA interprets ‘‘impracticable, unnecessary or contrary Distribution, or Use’’ (66 FR 28355, May Executive Order 13045 as applying only to the public interest.’’ The EPA has 22, 2001). to those regulatory actions that concern determined that public notice and In addition, I certify that this final health or safety risks, such that the comment for this action is unnecessary rule will not have a significant analysis required under section 5–501 of because our action to approve voluntary economic impact on a substantial the Executive Order has the potential to reclassification requests under CAA number of small entities under the influence the regulation. Regulatory Flexibility Act (5 U.S.C. 601 section 181(b)(3) is nondiscretionary Reclassification actions do not et seq.), and that this final rule does not both in its issuance and in its content. involve technical standards and thus, contain any unfunded mandate or As such, notice and comment the requirements of section 12(d) of the significantly or uniquely affect small rulemaking procedures would serve no National Technology Transfer and governments, as described in the useful purpose. Advancement Act of 1995 (15 U.S.C. The EPA also finds that there is good Unfunded Mandates Reform Act of 1995 272 note) do not apply. This rule does cause under APA section 553(d)(3) for (Pub. L. 104–4), because the EPA is not impose an information collection this reclassification to become effective required to grant requests by states for burden under the provisions of the on the date of publication. Section voluntary reclassifications and such 553(d)(3) of the APA allows an effective reclassifications in and of themselves do Paperwork Reduction Act of 1995 (44 date of less than 30 days after not impose any federal U.S.C. 3501 et seq.). publication ‘‘as otherwise provided by intergovernmental mandate, and The Congressional Review Act (CRA), the agency for good cause found and because tribes are not subject to 5 U.S.C. 801 et seq., as added by the published with the rule.’’ 5 U.S.C. implementation plan submittal Small Business Regulatory Enforcement 553(d)(3). The purpose of the 30-day deadlines that apply to states as a result Fairness Act of 1996, generally provides waiting period prescribed in APA of reclassifications. that before a rule may take effect, the section 553(d)(3) is to give affected This rule also does not have tribal agency promulgating the rule must parties a reasonable time to adjust their implications because it will not have a submit a rule report, which includes a behavior and prepare before the final substantial direct effect on one or more copy of the rule, to each House of the rule takes effect. This rule, however, Indian tribes, on the relationship Congress and to the Comptroller General does not create any new regulatory between the federal government and of the United States. This action is requirements such that affected parties Indian tribes, or on the distribution of subject to the CRA, and the EPA will would need time to prepare before the power and responsibilities between the submit a rule report to each House of rule takes effect. The schedule for federal government and Indian tribes, as the Congress and to the Comptroller required plan submittals for Coachella specified by Executive Order 13175 (65 General of the United States. The CRA Valley under the new classification will FR 67249, November 9, 2000). allows the issuing agency to make a rule be proposed in a separate action. For Executive Order 12898 (59 FR 7629, effective sooner than otherwise this reason, the EPA finds good cause February 16, 1994) establishes federal provided by the CRA if the agency under APA section 553(d)(3) for this executive policy on environmental makes a good cause finding that notice reclassification to become effective on justice. Its main provision directs and comment rulemaking procedures the date of publication. federal agencies, to the greatest extent are impracticable, unnecessary or practicable and permitted by law, to contrary to the public interest (5 U.S.C. II. Statutory and Executive Order make environmental justice part of their Reviews 808(2)). The EPA has made a good cause mission by identifying and addressing, finding for this rule as discussed in Under Executive Order 12866 (58 FR as appropriate, disproportionately high section I of this preamble, including the 51735, October 4, 1993), this final action and adverse human health or basis for that finding. This action is not is not a ‘‘significant regulatory action’’ environmental effects of their programs, a ‘‘major rule’’ as defined by 5 U.S.C. and therefore is not subject to Executive policies, and activities on minority 804(2). Order 12866. This action is not an populations and low-income Executive Order 13771 (82 FR 9339, populations in the United States. This Under section 307(b)(1) of the Clean February 2, 2017) regulatory action reclassification action relates to ozone, a Air Act, petitions for judicial review of because it is not significant under pollutant that is regional in nature, and this action must be filed in the United Executive Order 12866. With respect to is not the type of action that could result States Court of Appeals for the lands under state jurisdiction, voluntary in the types of local impacts addressed appropriate circuit by September 9, reclassifications under CAA section in Executive Order 12898. 2019. Filing a petition for 181(b)(3) of the CAA are based solely This final action also does not have reconsideration by the Administrator of upon requests by the state, and the EPA Federalism implications because it does this final rule does not affect the finality is required under the CAA to grant not have substantial direct effects on the of this action for the purposes of judicial them. These actions do not, in and of states, on the relationship between the review nor does it extend the time themselves, impose any new national government and the states, nor within which a petition for judicial requirements on any sectors of the on the distribution of power and review may be filed, and shall not economy. In addition, because the responsibilities among the various postpone the effectiveness of such rule statutory requirements are clearly levels of government, as specified in or action. This action may not be defined with respect to the differently Executive Order 13132 (64 FR 43255, challenged later in proceedings to classified areas, and because those August 10, 1999). This final action does enforce its requirements. (See section requirements are automatically triggered not alter the relationship or the 307(b)(2).) by reclassification, reclassification does distribution of power and List of Subjects in 40 CFR Part 81 not impose a materially adverse impact responsibilities established in the CAA. under Executive Order 12866. For these This rule also is not subject to Environmental protection, Air reasons, this final action is also not Executive Order 13045, ‘‘Protection of pollution control, Intergovernmental subject to Executive Order 13211, Children from Environmental Health relations, Ozone.

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Dated: June 12, 2019. PART 81—DESIGNATION FOR AREAS Subpart C—[Amended] Michael Stoker, FOR AIR QUALITY PLANNING ■ Regional Administrator, Region IX. PURPOSES 2. In § 81.305 the table entitled ‘‘California—1997 8-Hour Ozone Chapter I, title 40 of the Code of ■ 1. The authority citation for part 81 NAAQS (Primary and Secondary)’’ is Federal Regulations is amended as continues to read as follows: amended by revising the entry for follows: ‘‘Riverside Co. (Coachella Valley), CA’’ Authority: 42 U.S.C. 7401, et seq. and adding footnote g to read as follows: § 81.305 California. * * * * * CALIFORNIA—1997 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY)

Designation a Category/classification Designated area Date 1 Type Date 1 Type

******* Riverside Co. (Coachella Valley), CA: Riverside County (part) g ...... Nonattainment ...... 6/12/19 Subpart 2/Extreme. That portion of Riverside County which lies to the east of a line described as fol- lows: Beginning at the Riverside-San Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; then east along the Township line common to Township 8 South and Township 7 South; then north along the range line common to Range 5 East and Range 4 East; then west along the Township line common to Township 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; then north along the west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; then west along the Township line common to Township 5 South and Township 6 South; then north along the range line common to Range 4 East and Range 3 East; then west along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; then north along the range line common to Range 2 East and Range 3 East; to the Riverside-San Bernardino County line. And that portion of Riverside County which lies to the west of a line described as follows: That segment of the southwestern boundary line of Hydrologic Unit Number 18100100 within Riverside County, further described as follows: Be- ginning at the Riverside-Imperial County boundary and running north along the range line common to Range 17 East and Range 16 East, San Bernardino Base and Meridian; then northwest along the ridge line of the Chuckwalla Mountains, through Township 8 South, Range 16 East and Township 7 South, Range 16 East, until the Black Butte Mountain, elevation 4504′; then west and northwest along the ridge line to the southwest corner of Township 5 South, Range 14 East; then north along the range line common to Range 14 East and Range 13 East; then west and northwest along the ridge line to Monu- ment Mountain, elevation 4834′; then southwest and then northwest along the ridge line of the Little San Bernardino Mountains to Quail Mountain, elev. 5814′; then northwest along the ridge line to the Riverside-San Bernardino County line. Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation e ...... Nonattainment ...... (2) Subpart 2/Severe-15. Augustine Band of Cahuilla Indians e ...... Nonattainment ...... (2) Subpart 2/Severe-15. Cabazon Band of Mission Indians e ...... Nonattainment ...... (2) Subpart 2/Severe-15. Santa Rosa Band of Cahuilla Indians e ...... Nonattainment ...... (2) Subpart 2/Severe-15. Torres Martinez Desert Cahuilla Indians e ...... Nonattainment ...... (2) Subpart 2/Severe-15. Twenty-Nine Palms Band of Mission Indians of California e ...... Nonattainment ...... (2) Subpart 2/Severe-15.

******* a Includes Indian Country located in each county or area, except as otherwise specified. ******* e Includes Indian country of the tribe listed in this table. Information pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an EPA determination of Indian country status or any Indian country boundary. The EPA lacks the authority to establish Indian country land status, and is making no determination of Indian country boundaries, in this table. ******* g Excludes Indian country of the Agua Caliente Band of Cahuilla Indians, the Augustine Band of Cahuilla Mission Indians, the Cabazon Band of Mission Indians, the Santa Rosa Band of Cahuilla Indians, the Torres Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band of Mission Indians in Riverside County. 1 This date is 30 days after November 13, 2009, unless otherwise noted. 2 This date is July 2, 2014, unless otherwise noted.

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* * * * * accordance with the Comprehensive III. Procedural Matters [FR Doc. 2019–14612 Filed 7–9–19; 8:45 am] Environmental Response, Regulatory Planning and Review BILLING CODE 6560–50–P Compensation, and Liability Act. (Executive Orders 12866 and 13563) On December 5, 1996, the BLM issued These final supplementary rules are an emergency closure notice (61 FR DEPARTMENT OF THE INTERIOR not a significant regulatory action and 64530) that applied to former Fort Ord are not subject to review by the Office Bureau of Land Management lands that had been transferred to the of Management and Budget under Department of the Interior. Executive Orders 12866 and 13563. 43 CFR Part 8365 On September 7, 2007, the BLM State They do not have an effect of $100 Director approved a Record of Decision million or more on the economy. The [LLCAC09400 L19200000.NU0000 final supplementary rules do not XXXL1109RM LRORBX619900 for the Southern Diablo Mountain Range (MO4500135321)] and Central Coast of California Resource adversely affect in a material way the Management Plan (RMP). To protect economy, productivity, competition, Notice of Final Supplementary Rules health and public safety from exposure jobs, the environment, public health or for Fort Ord National Monument, to munitions and to promote safety, or State, local, or tribal California coordination with local law governments or communities. The final enforcement, that RMP directed the supplementary rules do not create a AGENCY: Bureau of Land Management, serious inconsistency or otherwise BLM’s Central Coast Field Office to Interior. interfere with an action taken or develop a dog-management plan for the ACTION: Final supplementary rules. planned by another agency. The final FONM, which was completed in July supplementary rules do not alter the SUMMARY: The California State Director 2016. As set forth later, these final rules budgetary effects of entitlements, grants, of the Bureau of Land Management are consistent with both the 2016 dog- user fees, or loan programs or the rights (BLM) is issuing final supplementary management plan and the 2007 RMP. or obligations of their recipients nor do rules related to dog management and In addition to dog-management they raise novel legal or policy issues. other public safety issues on public provisions, these final supplementary They merely impose rules of conduct lands at Fort Ord National Monument rules include revised versions of the and impose other limitations on certain (FONM), California. restrictions in the 1996 emergency recreational and commercial activities DATES: These rules are effective August closure order. In these final on certain public lands to protect 9, 2019. supplementary rules, the BLM is also natural resources and human health and ADDRESSES: You may submit inquiries adopting some Monterey County safety. by mail, hand-delivery, or electronic ordinances, in order to facilitate National Environmental Policy Act mail. Mail: FONM Manager, BLM, cooperation between BLM rangers and Central Coast Field Office, 940 2nd local law enforcement officials. The BLM prepared an environmental assessment (EA) that analyzed different Avenue, Marina, CA 93933. Electronic The BLM California State Director _ _ _ _ _ dog-management alternatives on FONM mail: blm ca fonm dog mgt plan@ proposed these supplementary rules in blm.gov. under Section 102(2)(C) of the National the Federal Register on November 4, Environmental Policy Act of 1969 FOR FURTHER INFORMATION CONTACT: Eric 2016 (81 FR 76905). The BLM received (NEPA), 42 U.S.C. 4332(2)(C), pursuant Morgan, FONM Manager, Bureau of no public comments in response. to 43 CFR 46.205(b) and 46.210(i). On Land Management, Central Coast Field II. Discussion July 5, 2016, the BLM approved the Office, 940 2nd Avenue, Marina, CA Final FONM Dog Management Plan and 93933, at telephone: 831–582–2200, or These supplementary rules are associated EA (DOI–BLM–CA–C090– email: [email protected]. Persons who necessary to support the mission of the 2016–0021–EA) and Finding of No use a telecommunications device for the BLM to protect the natural resources of Significant Impact (FONSI). All of the deaf may call the Federal Relay Service the FONM, and to protect the health and final supplementary rules were at 800–877–8339 to contact Mr. Morgan safety of those using the public lands. analyzed in the Dog Plan EA and during normal business hours. The FONSI. The final supplementary rules Service is available 24 hours a day, 7 The supplementary rules (see Section IV) are broken into three categories. are also consistent with the Record of days a week, to leave a message or Decision for the Southern Diablo Supplementary rules numbered 1 question. You will receive a reply Mountain Range and Central Coast of through 9 are new, and implement new during normal business hours. California RMP approved in 2007. direction from the approved dog- SUPPLEMENTARY INFORMATION: management plan. Supplementary rules Regulatory Flexibility Act I. Background 10 through 15 are not completely new, Congress enacted the Regulatory The former Fort Ord military since they are revisions of previous Flexibility Act (RFA) of 1980, as installation closed in 1994. The restrictions that were established in amended 5 U.S.C. 601–612, to ensure Secretary of the Army transferred 1996 (see 61 FR 64530), and are that government regulations do not administration of part of the installation consistent with the national monument unnecessarily or disproportionately to the Department of the Interior. In proclamation of 2012 (i.e., Proclamation burden small entities. The RFA requires 2012, the lands became part of the 8803), and the BLM 2007 RMP. Finally, a regulatory flexibility analysis if a rule 14,651 acre FONM pursuant to supplementary rules 16 and 17 are would have a significant economic Presidential Proclamation No. 8803. The existing Monterey County ordinances impact, either detrimental or beneficial, Army continues to manage that the BLM has adopted as on a substantial number of small approximately 7,446 acres of the FONM supplementary rules in order to entities. The final supplementary rules and will transfer those lands to the BLM facilitate cooperation between BLM merely impose reasonable restrictions for administration following a rangers and local law enforcement on certain recreational activities on munitions cleanup being performed in officials. public lands in order to protect natural

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resources and the environment, and Executive Order 12988, Civil Justice under the Paperwork Reduction Act of provide for human health and safety. Reform 1995, 44 U.S.C. 3501–3521. Moreover, Therefore, the BLM has determined Under Executive Order 12988, the any information collection that may under the RFA that the final BLM has determined that the final result from Federal criminal supplementary rules do not have a supplementary rules do not unduly investigations or prosecutions significant economic impact on a burden the judicial system, and that conducted under the final substantial number of small entities. they meet the requirements of sections supplementary rules are exempt from the provisions of 44 U.S.C. 3518(c)(1). Small Business Regulatory Enforcement 3(a) and 3(b)(2) of Executive Order Fairness Act 12988. Author The final supplementary rules are not Executive Order 13175, Consultation The principal author of these final a ‘‘major rule’’ as defined under 5 U.S.C. and Coordination With Indian Tribal supplementary rules is Eric Morgan, 804(2). The final supplementary rules Governments Monument Manager, Central Coast Field merely revise the rules of conduct for In accordance with Executive Order Office, 940 2nd Avenue, Marina, CA public use of limited areas of public 13175, the BLM has found that the final 93933. lands and do not affect commercial or supplementary rules do not include IV. Final Supplementary Rules business activities of any kind. policies that have tribal implications. The final supplementary rules merely For the reasons stated in the preamble Unfunded Mandates Reform Act revise the rules of conduct for public and under the authorities for final The final supplementary rules do not use of limited areas of public lands. supplementary rules found under 43 impose an unfunded mandate of more CFR 8365.1–6, 43 U.S.C. 1733(a), 16 Executive Order 13352, Facilitation of U.S.C. 670h(c)(5), and 43 U.S.C. 315a, than $100 million per year on State, Cooperative Conservation local, or tribal governments in the the BLM California State Director issues aggregate, or on the private sector, nor In accordance with Executive Order final supplementary rules for public do they have a significant or unique 13352, the BLM has determined that lands managed by the BLM within the effect on small governments. The final these final supplementary rules do not boundaries of the FONM, to read as supplementary rules have no effect on impede facilitating cooperation follows: conservation; take appropriate account governmental or tribal entities and Definitions impose no requirements on any of these of and consider the interests of persons entities. The final supplementary rules with ownership or other legally Designated route means any road or merely revise the rules of conduct for recognized interests in land or other trail that the BLM has signed and shown public use of limited areas of public natural resources. The rules properly on trail maps where public use is lands and do not affect tribal, accommodate local participation in the authorized. commercial, or business activities of any Federal decision-making process, and Dog means any domestic dog that is kind. Therefore, the BLM is not required provide that the programs, projects, and not classified as a ‘‘service animal.’’ to prepare a statement containing the activities are consistent with protecting Off-leash-opportunity route means a information required by the Unfunded public health and safety. specific road or trail on FONM that has Mandates Reform Act at 2 U.S.C. 1531. Information Quality Act been designated by the BLM to allow some opportunities for dogs to be off Executive Order 12630, Governmental In developing these supplementary leash under specific circumstances. Actions and Interference With rules, the BLM did not conduct or use Service animal means a dog that is Constitutionally Protected Property a study, experiment, or survey requiring individually trained to do work or Rights (Takings) peer review under the Information perform tasks for people with Quality Act (Pub. L. 106–554). In disabilities as covered under the The final supplementary rules do not accordance with the Information Americans with Disabilities Act. represent a government action capable Quality Act, the Department of the Street-legal vehicle means a vehicle, of interfering with constitutionally Interior (DOI) has issued guidance such as an automobile, motorcycle, or protected property rights. Therefore, the regarding the quality of information that light truck, that is equipped and BLM has determined that the final it relies on for regulatory decisions. This licensed for use on a public street and/ supplementary rules do not cause a guidance is available on the DOI’s or highway and that is subject to taking of private property or require website at http://www.doi.gov/ocio/ registration under the California Vehicle further discussion of takings information_management/iq.cfm. implications under this Executive Code 4000(a)(1). Order. Executive Order 13211, Actions Unattended dog means any dog that is Concerning Regulations That unaccompanied by an owner and/or Executive Order 13132, Federalism Significantly Affect Energy Supply, handler whether on tether or otherwise. The final supplementary rules do not Distribution, or Use Yield means slowing or stopping have a substantial direct effect on the Under Executive Order 13211, the forward progress to a point where it is States, on the relationship between the BLM has determined that the final possible to safely pass another visitor national government and the States, or supplementary rules do not comprise a without injuring, startling, or surprising on the distribution of power and significant energy action, and that they that visitor. For bicycles, the passing responsibilities among the various do not have an adverse effect on energy speed shall be no greater than 10 mph levels of government. Therefore, in supplies, production, or consumption. on roads, and 5 mph on single-track accordance with Executive Order 13132, trails. the BLM has determined that the final Paperwork Reduction Act Final Supplementary Rules supplementary rules do not have The final supplementary rules do not sufficient Federalism implications to directly provide for any information Unless otherwise authorized by the warrant preparation of a Federalism collection that the Office of BLM, the following supplementary rules Assessment. Management and Budget must approve apply to all BLM-managed public lands

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on the Fort Ord National Monument on roads, and 5 mph on single-track provided for such purposes. This (FONM): trails. includes bagged feces—Reference Monterey County ordinance, 8.36.030. Final Supplementary Rules From the Final Supplementary Rules That Clarify Dog Management Plan Existing Restrictions Established in 17. All dogs under 4 months of age shall be kept under control by the 1. Dogs are not permitted in the 1996 and Direction From the 2007 owner, keeper, or harborer when on Inland Range Planning Unit. Service Record of Decision animals accompanying a disabled 10. Motorized vehicles and other FONM—Reference Monterey County person as accommodated by the motorized devices, including electronic ordinance, 8.20.020. Americans with Disabilities Act are bicycles, are prohibited on all roads and 18. Dogs on FONM shall wear a excluded from this provision. trails excluding Creekside Terrace Road license tag attached at all times to a 2. Dogs must be under control and on and Badger Hills Driveway. Motorized collar, harness, or other suitable device a leash or cord not to exceed 6 feet in vehicle use on these two roadways is upon the dog for which the license tag length, at all times while on a road or restricted to highway licensed street- was issued—Reference Monterey trail that has not been designated as an legal vehicles. County ordinance, 8.08.040. ‘‘off-leash-opportunity route.’’ 11. Use and/or occupancy of all lands Exemptions 3. To eliminate exposure to within the FONM, including leaving munitions, individuals and/or their dog personal property unattended, is The following persons are exempt must not walk or roam off a designated prohibited between 1⁄2 hour after sunset from these final supplementary rules: route, including any route designated as and 1⁄2 hour before sunrise. Any Federal, State, or local officer or an ‘‘off-leash-opportunity route.’’ 12. All use (including pet use) is employee in the scope of their duties; 4. Dogs must be under control, or kept restricted to designated routes and members of any organized law on a leash or cord not to exceed 6 feet trails. Open routes and trails are enforcement, rescue, or fire-fighting in length, on a designated ‘‘off-leash- indicated on BLM maps and signed with force in performance of an official duty; opportunity route’’ when within 100 route or trail markers. Any unsigned and any person whose activities are feet of another person and/or dog that is route which does not appear on the authorized in writing by the BLM. not with your party. most current BLM map is closed to all 5. Dogs must not roam over 50 feet uses. Enforcement away from you while on a designated 13. Campfires and other open flame ‘‘off-leash-opportunity route.’’ fires are prohibited. Any person who violates any of these 6. Dogs must not enter any vernal 14. Possession or discharge of supplementary rules may be tried before pool or pond, or roam within 20 feet of fireworks, including ‘‘safe and sane’’ a United States Magistrate and fined in any such area, unless you and your dog fireworks, is prohibited. accordance with 18 U.S.C. 3571, are on a route designated for public use. 15. Wood cutting and the collection of imprisoned no more than 12 months 7. A leash for each dog is required to downed wood are prohibited. under 43 U.S.C. 1733(a) and 43 CFR be in your possession. 8360.0–7, or both. Final FONM Supplementary Rules That 8. Dogs must not be left unattended, In accordance with 43 CFR 8365.1–7, even if on a tether, within a crate, or Are Currently Monterey County Ordinances State or local officials may also impose within an unoccupied motor vehicle. penalties for violations of California 9. Visitors must yield the path, on 16. It shall be unlawful for the owner law. both roads and trails, to other visitors in or person having custody of any dog, the following manner: Bicycles must either willfully or through failure to Joe Stout, yield to pedestrians and equestrians; exercise due care or control, to allow Acting State Director, Bureau of Land and pedestrians must yield to said dog to defecate and to allow the Management, California. equestrians. For bicycles, the passing feces thereafter to remain on FONM [FR Doc. 2019–14717 Filed 7–9–19; 8:45 am] speed shall be no greater than 10 mph other than within trash receptacles BILLING CODE 4310–40–P

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Proposed Rules Federal Register Vol. 84, No. 132

Wednesday, July 10, 2019

This section of the FEDERAL REGISTER comment will be made public, you are second copy, which will have the contains notices to the public of the proposed solely responsible for ensuring that your claimed confidential information issuance of rules and regulations. The comment does not include any redacted/blacked out, will be available purpose of these notices is to give interested confidential information that you or a for public viewing and posted on persons an opportunity to participate in the third party may not wish to be posted, https://www.regulations.gov. Submit rule making prior to the adoption of the final rules. such as medical information, your or both copies to the Dockets Management anyone else’s Social Security number, or Staff. If you do not wish your name and confidential business information, such contact information to be made publicly DEPARTMENT OF HEALTH AND as a manufacturing process. Please note available, you can provide this HUMAN SERVICES that if you include your name, contact information on the cover sheet and not information, or other information that in the body of your comments and you Food and Drug Administration identifies you in the body of your must identify this information as comments, that information will be ‘‘confidential.’’ Any information marked 21 CFR Parts 101 and 102 posted on https://www.regulations.gov. as ‘‘confidential’’ will not be disclosed • If you want to submit a comment except in accordance with 21 CFR 10.20 [Docket No. FDA–2019–D–0892] with confidential information that you and other applicable disclosure law. For The Use of an Alternate Name for do not wish to be made available to the more information about FDA’s posting Potassium Chloride in Food Labeling; public, submit the comment as a of comments to public dockets, see 80 written/paper submission and in the Draft Guidance for Industry; Extension FR 56469, September 18, 2015, or access manner detailed (see ‘‘Written/Paper of Comment Period the information at: https://www.gpo.gov/ Submissions’’ and ‘‘Instructions’’). fdsys/pkg/FR-2015-09-18/pdf/2015- AGENCY: Food and Drug Administration, Written/Paper Submissions 23389.pdf. HHS. Docket: For access to the docket to Submit written/paper submissions as ACTION: Notification of availability; read background documents or the follows: extension of comment period. • electronic and written/paper comments Mail/Hand Delivery/Courier (for received, go to https:// SUMMARY: The Food and Drug written/paper submissions): Dockets www.regulations.gov and insert the Administration (FDA or we) is Management Staff (HFA–305), Food and docket number, found in brackets in the extending the comment period for the Drug Administration, 5630 Fishers heading of this document, into the draft guidance for industry entitled Lane, Rm. 1061, Rockville, MD 20852. ‘‘Search’’ box and follow the prompts • For written/paper comments ‘‘The Use of an Alternate Name for and/or go to the Dockets Management submitted to the Dockets Management Potassium Chloride in Food Labeling,’’ Staff, 5630 Fishers Lane, Rm. 1061, Staff, FDA will post your comment, as which was announced in the Federal Rockville, MD 20852. well as any attachments, except for Register of May 20, 2019. In the information submitted, marked and FOR FURTHER INFORMATION CONTACT: notification, FDA requested comments identified, as confidential, if submitted Andrea Krause, Center for Food Safety on the use of ‘‘potassium chloride salt’’ as detailed in ‘‘Instructions.’’ and Applied Nutrition, Food and Drug as an alternate common or usual name Instructions: All submissions received Administration, 5001 Campus Dr., for potassium chloride. We are taking must include the Docket No. FDA– College Park, MD 20740, 240–402–2371. this action in response to requests for an 2019–D–0892 for ‘‘The Use of an SUPPLEMENTARY INFORMATION: In the extension to allow interested persons Alternate Name for Potassium Chloride Federal Register of May 20, 2019, FDA additional time to submit comments. in Food Labeling.’’ Received comments published a notification announcing the DATES: FDA is extending the comment will be placed in the docket and, except availability of a draft guidance entitled period on the draft guidance published for those submitted as ‘‘Confidential ‘‘The Use of an Alternate Name for May 20, 2019 (84 FR 22749). Submit Submissions,’’ publicly viewable at Potassium Chloride in Food Labeling: either electronic or written comments https://www.regulations.gov or at the Draft Guidance for Industry’’ with a 60- by September 17, 2019, to ensure that Dockets Management Staff between 9 day comment period to request we consider your comment on the draft a.m. and 4 p.m., Monday through comments on the use of ‘‘potassium guidance before we begin work on the Friday. chloride salt’’ as an alternate common or final version of the guidance. • Confidential Submissions—To usual name for potassium chloride. The ADDRESSES: You may submit comments submit a comment with confidential draft guidance is intended to explain to on any guidance at any time as follows. information that you do not wish to be food manufacturers our intent to made publicly available, submit your exercise enforcement discretion for the Electronic Submissions comments only as a written/paper declaration of the name ‘‘potassium Submit electronic comments in the submission. You should submit two chloride salt’’ in the ingredient following way: copies total. One copy will include the statement on food labels as an • Federal eRulemaking Portal: information you claim to be confidential alternative to the common or usual https://www.regulations.gov. Follow the with a heading or cover note that states name ‘‘potassium chloride.’’ instructions for submitting comments. ‘‘THIS DOCUMENT CONTAINS We have received requests for a 60- Comments submitted electronically, CONFIDENTIAL INFORMATION.’’ The day extension of the comment period for including attachments, to https:// Agency will review this copy, including the draft guidance. The requests www.regulations.gov will be posted to the claimed confidential information, in conveyed concern that the current 60- the docket unchanged. Because your its consideration of comments. The day comment period does not allow

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sufficient time to develop a meaningful FOR FURTHER INFORMATION CONTACT: If navigable waters before, during, and or thoughtful response to the draft you have questions about this proposed immediately after the scheduled guidance. rulemaking, call or email Lieutenant Festival of Sail. Only the designated We have considered the requests and Abbie Lyons, Waterways Management, sailing vessels associated with the event are extending the comment period for MSU Duluth, U.S. Coast Guard; are permitted within the zone while it the draft guidance for 60 additional telephone 218–725–3818, email is being enforced. No other vessels or days, until September 17, 2019. We [email protected]. persons will be permitted to enter the believe that a 60-day extension allows SUPPLEMENTARY INFORMATION: zone without obtaining permission from adequate time for interested persons to the COTP or a designated submit comments. I. Table of Abbreviations representative. The COTP or a Dated: July 3, 2019. CFR Code of Federal Regulations designated representative may be Lowell J. Schiller, DHS Department of Homeland Security contacted via VHF Channel 16 or by FR Federal Register Principal Associate Commissioner for Policy. telephone at (218) 428–9357. The NPRM Notice of proposed rulemaking regulatory text proposed appears at the [FR Doc. 2019–14666 Filed 7–9–19; 8:45 am] § Section end of this document. BILLING CODE 4164–01–P U.S.C. United States Code IV. Regulatory Analyses II. Background, Purpose, and Legal Basis We developed this proposed rule after DEPARTMENT OF HOMELAND considering numerous statutes and SECURITY On December 11, 2018, Draw Events Executive orders related to rulemaking. LLC notified the Coast Guard that it will Below we summarize our analyses Coast Guard be conducting a Festival of Sail event in based on a number of these statutes and Duluth, MN from August 11 through Executive orders and we discuss First 33 CFR Part 100 August 13, 2019. The Coast Guard Amendment rights of protestors. [Docket Number USCG–2019–0300] published a Notice of Proposed Rulemaking (NPRM) in the Federal A. Regulatory Planning and Review RIN 1625–AA08 Register on May 8, 2019. A public Executive Orders 12866 and 13563 comment period was held from May 8, Special Local Regulations; Festival of direct agencies to assess the costs and 2019 to July 7, 2019 with no comments Sail Duluth 2019, Lake Superior, benefits of available regulatory received; however, concerns were raised Duluth, MN alternatives and, if regulation is by local law enforcement and public necessary, to select regulatory AGENCY: Coast Guard, DHS. safety of the initial proposed temporary approaches that maximize net benefits. ACTION: Supplemental notice of special local regulation only covering Executive Order 13771 directs agencies proposed rulemaking. the parade of sail on August 11, 2019 to control regulatory costs through a from 7:00 a.m. to 1:00 p.m. Due to the budgeting process. This SNPRM has not SUMMARY: The Coast Guard is proposing influx of spectator vessel traffic during been designated a ‘‘significant to establish a temporary special local this event, we are proposing to extend regulatory action,’’ under Executive regulation for a designated area of the the special local regulation to include Order 12866. Accordingly, the SNPRM Duluth Harbor entrance to Superior Bay the entire Festival of Sail, from August has not been reviewed by the Office of on Lake Superior during the Festival of 11, 2019 at 7:00 a.m. to August 13, 2019 Management and Budget (OMB), and Sail 2019 event in Duluth, MN. This at 1:00 p.m. This special local regulation pursuant to OMB guidance it is exempt action is necessary to provide for the will be enforced from 7:00 a.m. through from the requirements of Executive safety of life on these navigable waters 1:00 p.m. on August 11, 2019 during the Order 13771. around the port of Duluth, MN during Parade of Sail event. It will be enforced This regulatory action determination a sail festival with tall ships beginning at other times during the effective is based on the availability of the on August 11, 2019 and ending the period as deemed necessary by the Superior Harbor entrance as an alternate afternoon of August 13, 2019. This Captain of the Port Duluth (COTP) or entry into Superior Bay, the short time proposed rulemaking would prohibit her on-scene representatives. Notice of frame of the special local regulation, persons and vessels from being in the enforcement of the special local and the estimated number of spectator designated region unless authorized by regulation will be provided by vessels around the Duluth Harbor the Captain of the Port Duluth or a Broadcast Notice to Mariners and by the entrance for the event. We anticipate designated representative. We invite the COTP’s on-scene representatives. The that it will have minimal impact on the public to comment on this supplemental purpose of this supplemental notice of economy, will not interfere with other notice of proposed rulemaking, proposed rulemaking is to solicit agencies, will not adversely alter the specifically on the extended time of the comments on the extended effective budget of any grant or loan recipients, special local regulation. time period of the regulation. and will not raise any novel legal or DATES: Comments and related material The legal basis for this proposed rule policy issues. The Coast Guard will must be received by the Coast Guard on is the Coast Guard’s authority under 46 issue a Broadcast Notice to Mariners via or before July 17, 2019. U.S.C. 70041; 33 CFR 1.05–1. VHF–FM marine Channel 16 about the ADDRESSES: You may submit comments zone, and the rule would allow vessels III. Discussion of Proposed Rule identified by docket number USCG– to seek permission to enter the zone. 2019–0300 using the Federal The COTP is proposing to establish a eRulemaking Portal at https:// special local regulation from 7 a.m. on B. Impact on Small Entities www.regulations.gov. See the ‘‘Public August 11, 2019 to 1 p.m. on August 13, The Regulatory Flexibility Act of Participation and Request for 2019. The special local regulation 1980, 5 U.S.C. 601–612, as amended, Comments’’ portion of the would cover designated navigable requires Federal agencies to consider SUPPLEMENTARY INFORMATION section for waters in the vicinity of Duluth Harbor. the potential impact of regulations on further instructions on submitting The duration of the zone is intended small entities during rulemaking. The comments. to protect the safety of vessels and these term ‘‘small entities’’ comprises small

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businesses, not-for-profit organizations a substantial direct effect on one or V. Public Participation and Request for that are independently owned and more Indian tribes, on the relationship Comments operated and are not dominant in their between the Federal Government and We view public participation as fields, and governmental jurisdictions Indian tribes, or on the distribution of essential to effective rulemaking, and with populations of less than 50,000. power and responsibilities between the will consider all comments and material The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. received during the comment period. 605(b) that this proposed rule would not If you believe this proposed rule has Your comment can help shape the have a significant economic impact on implications for federalism or Indian outcome of this rulemaking. If you a substantial number of small entities. tribes, please contact the person listed submit a comment, please include the While some owners or operators of in the FOR FURTHER INFORMATION docket number for this rulemaking, vessels intending to transit the restricted CONTACT section. indicate the specific section of this area may be small entities, for the document to which each comment reasons stated in section IV.A above, E. Unfunded Mandates Reform Act applies, and provide a reason for each this proposed rule would not have a suggestion or recommendation. significant economic impact on any The Unfunded Mandates Reform Act We encourage you to submit vessel owner or operator. of 1995 (2 U.S.C. 1531–1538) requires comments through the Federal If you think that your business, Federal agencies to assess the effects of eRulemaking Portal at http:// organization, or governmental their discretionary regulatory actions. In www.regulations.gov. If your material jurisdiction qualifies as a small entity particular, the Act addresses actions cannot be submitted using http:// and that this rule would have a that may result in the expenditure by a www.regulations.gov, contact the person significant economic impact on it, State, local, or tribal government, in the in the FOR FURTHER INFORMATION please submit a comment (see aggregate, or by the private sector of CONTACT section of this document for ADDRESSES) explaining why you think it $100,000,000 (adjusted for inflation) or alternate instructions. qualifies and how and to what degree more in any one year. Though this We accept anonymous comments. All this rule would economically affect it. proposed rule would not result in such comments received will be posted Under section 213(a) of the Small an expenditure, we do discuss the without change to https:// Business Regulatory Enforcement effects of this rule elsewhere in this www.regulations.gov and will include Fairness Act of 1996 (Pub. L. 104–121), preamble. any personal information you have we want to assist small entities in provided. For more about privacy and understanding this proposed rule. If the F. Environment the docket, visit https:// rule would affect your small business, www.regulations.gov/privacyNotice. organization, or governmental We have analyzed this proposed rule Documents mentioned in this NPRM jurisdiction and you have questions under Department of Homeland as being available in the docket, and all concerning its provisions or options for Security Directive 023–01 and public comments, will be in our online compliance, please contact the person Commandant Instruction M16475.1D, docket at https://www.regulations.gov listed in the FOR FURTHER INFORMATION which guide the Coast Guard in and can be viewed by following that CONTACT section. The Coast Guard will complying with the National website’s instructions. Additionally, if not retaliate against small entities that Environmental Policy Act of 1969 (42 you go to the online docket and sign up question or complain about this U.S.C. 4321–4370f), and have made a for email alerts, you will be notified proposed rule or any policy or action of preliminary determination that this when comments are posted or a final the Coast Guard. action is one of a category of actions that rule is published. do not individually or cumulatively C. Collection of Information List of Subjects in 33 CFR Part 100 have a significant effect on the human This proposed rule would not call for environment. This proposed rule For the reasons discussed in the a new collection of information under involves a special local regulation preamble, the Coast Guard is proposing the Paperwork Reduction Act of 1995 to amend 33 CFR part 100 as follows: (44 U.S.C. 3501–3520). lasting 3 days that would prohibit entry within a designated area around the PART 100—SAFETY OF LIFE ON D. Federalism and Indian Tribal Duluth Harbor entrance. Normally such NAVIGABLE WATERS Governments actions are categorically excluded from A rule has implications for federalism further review under paragraph L[61] of ■ 1. The authority citation for part 100 under Executive Order 13132, Appendix A, Table 1 of DHS Instruction continues to read as follows: Federalism, if it has a substantial direct Manual 023–01–001–01, Rev. 01. We Authority: 46 U.S.C. 70041; 33 CFR 1.05– effect on the States, on the relationship seek any comments or information that 1. between the national government and may lead to the discovery of a ■ 2. Add § 100.T09–0300 to read as the States, or on the distribution of significant environmental impact from follows: power and responsibilities among the this proposed rule. various levels of government. We have § 100.T09–0300 Special Local Regulations; analyzed this proposed rule under that G. Protest Activities Festival of Sail Duluth 2019, Lake Superior, Order and have determined that it is Duluth, MN. The Coast Guard respects the First consistent with the fundamental (a) Regulated Areas: This Area federalism principles and preemption Amendment rights of protesters. includes all waters of Lake Superior and requirements described in Executive Protesters are asked to contact the Duluth Harbor bounded by Rice’s Point Order 13132. person listed in the FOR FURTHER to the west and Duluth to the north, Also, this proposed rule does not have INFORMATION CONTACT section to within the following boundaries: tribal implications under Executive coordinate protest activities so that your Beginning at position 46°46′48.36″ N, Order 13175, Consultation and message can be received without 092°05′16.44″ W, across Duluth Harbor Coordination with Indian Tribal jeopardizing the safety or security of to 46°47′02.76″ N, 092°05′17.88″ W, Governments, because it would not have people, places, or vessels. turning north toward the Duluth Lift

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Bridge to 46°47′19.32″ N, 092°04′04.80″ must comply with all instructions given should include discussion of all points W, to 46°46′50.88″ N, 092°05′17.88″ W, by COTP Duluth or on-scene you wish to make. EPA will generally out the Duluth Harbor Entrance at representatives. not consider comments or comment 46°46′45.12″ N, 092°05′35.16″ W, then (c) Effective date. These regulations contents located outside of the primary northwest to 46°46′45.12″ N, are effective Sunday, August 11, 2019 at submission (i.e., on the web, cloud, or 092°05′39.84″ W, back to the north 7:00 a.m. through August 13, 2019 at other file sharing system). For Duluth Entrance Light at 46°47′01.32″ 1:00 p.m. These regulations will be additional submission methods, the full N, 092°05′51.00″ W, through the canal at enforced from 7:00 a.m. through 1:00 EPA public comment policy, 46°47′00.60″ N, 092°05′52.08″ W, then p.m. on August 11, 2019 during the information about CBI or multimedia along Minnesota Point at 46°46′51.60″ Parade of Sail, and actual notice of submissions, and general guidance on N, 092°05′46.32″ W, entering Minnesota enforcement during various periods of making effective comments, please visit Slip at 46°46′39.00″ N, 092°06′03.96″ W, time will be conducted by the on-scene http://www2.epa.gov/dockets/ encompassing the slip from representative throughout the event. commenting-epa-dockets. ° ′ ″ ° ′ ″ 46 46 32.16 N, 092 05 38.76 W to Dated: July 3, 2019. FOR FURTHER INFORMATION CONTACT: 46°46′41.52″ N, 092°05′36.24″ W and F.M. Smith, Richard Wong, Air Regulatory back out the slip at 46°46′42.60″ N, Management Section, Air Planning and 092°05′34.44″ W and back to the starting Commander, U.S. Coast Guard, Captain of the Port Duluth. Implementation Branch, Air and position of 46°46′48.36″ N, Radiation Division, U.S. Environmental [FR Doc. 2019–14606 Filed 7–9–19; 8:45 am] 092°05′16.44″ W. Protection Agency, Region 4, 61 Forsyth (b) Special Local Regulations. (1) In BILLING CODE 9110–04–P Street SW, Atlanta, Georgia 30303–8960. accordance with the general regulations The telephone number is (404) 562– in § 100.35 of this part, entry into, 8726. Mr. Wong can also be reached via transiting, or anchoring within the ENVIRONMENTAL PROTECTION electronic mail at wong.richard@ regulated areas is prohibited unless AGENCY epa.gov. authorized by the Captain of the Port SUPPLEMENTARY INFORMATION: (COTP) Duluth or on-scene 40 CFR Part 52 representatives. [EPA–R04–OAR–2018–0711; FRL–9996–42– I. Background (2) Vessels and persons receiving Region 4] GA EPD submitted a SIP revision COTP Duluth or on-scene representative through a letter dated July 31, 2018, to authorization to enter the area of this Air Plan Approval; GA; Miscellaneous EPA for review and approval into the special local regulation must do so in Revisions Georgia SIP that contains changes to a accordance with the following AGENCY: Environmental Protection number of Georgia’s air quality rules in restrictions: Rule 391–3–1.1 The changes that EPA is (i) Vessels and persons must transit at Agency (EPA). proposing to approve into the SIP a speed not exceed six (6) knots or at no ACTION: Proposed rule. through this rulemaking revises Rule wake speed, whichever is less. Vessels SUMMARY: The Environmental Protection 391–3–1–.01, ‘‘Definitions,’’ Rule 391– proceeding under sail will not be Agency (EPA) is proposing to approve a 3–.02(2)(c), ‘‘Incinerators,’’ and Rule allowed in this Area unless also State Implementation Plan (SIP) 391–3–1–.03 ‘‘Permits.’’ propelled by machinery, due to limited revision submitted by the State of maneuvering ability around numerous Georgia, through the Georgia II. Analysis of State’s Submittal other spectator craft viewing the Environmental Protection Division (GA Georgia’s submittal makes several Festival of Sail; and EPD) of the Department of Natural administrative and clarifying edits to (ii) Vessels and persons will not be Resources, in a letter dated July 31, Rule 391–3–1–.01, ‘‘Definitions.’’ permitted to impede the parade of sail 2018. EPA is proposing to approve Specifically, the change to Rule 391–3– from 7:00 a.m. to 1 p.m. on August 11, changes to the Georgia’s Nonattainment 1–.01(oo), ‘‘Manager’’ removes ‘‘office’’ 2019 once it has commenced, as the tall New Source Review (NNSR) permitting and replaces with ‘‘compliance ships are extremely limited in their rule. This action is being proposed assistance program.’’ The change to Rule ability to maneuver. 391–3–1–.01(kkk), ‘‘Small Business (3) The Coast Guard will provide pursuant to the Clean Air Act (CAA or Advisory Panel’’ adds ‘‘Compliance’’ to notice of the regulated area prior to the Act) and its implementing regulations. the title of this rule and the change to event through Local Notice to Mariners DATES: Comments must be received on Rule 391–3–1–.01(lll), ‘‘Small business and Broadcast Notice to Mariners. or before August 9, 2019. stationary source or facility’’ at Notice of actual enforcement will be ADDRESSES: Submit your comments, subparagraph (5) removes the major provided by on-scene representatives. identified by Docket ID No. at EPA– (4) The ‘‘on-scene representative’’ of R04–OAR–2018–0711 at http:// stationary source description for sources the COTP Duluth is any Coast Guard www.regulations.gov. Follow the online and facilities emitting less than 75 tons commissioned, warrant, or petty officer instructions for submitting comments. of regulated pollutants. Lastly, the and any Federal, State, or local officer Once submitted, comments cannot be revision to Rule 391–3–1–.01(mmm), designated by the COTP to act on her edited or removed from Regulations.gov. ‘‘Small business stationary source behalf. EPA may publish any comment received technical and environmental office,’’ (5) Vessel operators desiring to enter to its public docket. Do not submit changes the title to ‘‘Small business or operate within the regulated area electronically any information you stationary source technical and shall contact the COTP Duluth by consider to be Confidential Business environmental compliance assistance telephone at (218) 428–9357, or on- Information (CBI) or other information program,’’ and removes Air Protection scene representative via VHF radio on whose disclosure is restricted by statute. Branch from the definition. Channel 16, to obtain permission to do Multimedia submissions (audio, video, 1 EPA received the submittal on August 2, 2018. so. Vessel operators given permission to etc.) must be accompanied by a written The cover letter includes other rule changes that enter, operate, transit through, anchor comment. The written comment is have been or will be addressed in separate EPA in, or remain within the regulated areas considered the official comment and actions.

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Additionally, Georgia’s July 31, 2018, October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION SIP revision makes changes to Rule January 21, 2011); AGENCY 391–3–1–.02(2)(c), ‘‘Incinerators.’’ The • Is not an Executive Order 13771 (82 change updates rule titles for Hospital/ FR 9339, February 2, 2017) regulatory 40 CFR Part 271 and 272 Medical/Infectious Waste Incinerators, action because SIP approvals are [EPA–R06–RCRA–2016–0549; FRL–9993– Commercial and Industrial Solid Waste, exempted under Executive Order 12866; 44–Region 6] and Sewage Sludge Incinerators in • Does not impose an information Subparagraphs (6)(iv), (v), (vi), (vii), and collection burden under the provisions Texas: Proposed Authorization of (xiii). Lastly, a typographical edit is of the Paperwork Reduction Act (44 State-Initiated Changes and made to Rule 391–3–1–.03(11)(b)(11), U.S.C. 3501 et seq.); Incorporation by Reference of State ‘‘Peanut/Nut Shelling Operations’’ at • Is certified as not having a Hazardous Waste Management Subparagraph (i)(II). EPA is proposing to significant economic impact on a Program approve these changes because they are substantial number of small entities AGENCY: Environmental Protection minor and clarifying changes that do not under the Regulatory Flexibility Act (5 Agency (EPA). relax or alter the meaning of the rules. U.S.C. 601 et seq.); • ACTION: Proposed rule; reopening of III. Incorporation by Reference Does not contain any unfunded mandate or significantly or uniquely comment period. In this document, EPA is proposing to affect small governments, as described include in a final EPA rule regulatory SUMMARY: On October 24, 2018, the in the Unfunded Mandates Reform Act Environmental Protection Agency (EPA) text that includes incorporation by of 1995 (Pub. L. 104–4); reference. In accordance with published a proposed rule and provided • Does not have Federalism requirements of 1 CFR 51.5, EPA is for a thirty-day public comment period. implications as specified in Executive proposing to incorporate by reference The public comment period closed on Order 13132 (64 FR 43255, August 10, the GA EPD Rule 391–3–1–.01, November 23, 2018 and EPA received 1999); ‘‘Definitions,’’ Rule 391–3–.02(2)(c), three comments. The purpose of this • Is not an economically significant ‘‘Incinerators,’’ and Rule 391–3–1– document is to reopen the comment regulatory action based on health or .03(11) ‘‘Permit by Rule,’’ which period for an additional 30 days. This safety risks subject to Executive Order clarifies the rule by updating rule titles extension of the comment period is 13045 (62 FR 19885, April 23, 1997); and making typographical corrections, provided to allow the public additional • Is not a significant regulatory action state effective June 18, 2018. EPA has time to provide comment on the October subject to Executive Order 13211 (66 FR made, and will continue to make, these 24, 2018 proposed rule. All comments 28355, May 22, 2001); submitted during the original comment materials generally available through • www.regulations.gov and at the EPA Is not subject to requirements of period as well those submitted during Region 4 office (please contact the Section 12(d) of the National this extension of the comment period Technology Transfer and Advancement person identified in the FOR FURTHER will be accepted and considered. Act of 1995 (15 U.S.C. 272 note) because INFORMATION CONTACT section of this DATES: Comments on this proposed rule preamble for more information). application of those requirements would must be received by August 9, 2019. be inconsistent with the CAA; and ADDRESSES: Submit your comments by IV. Proposed Action • Does not provide EPA with the one of the following methods: EPA is proposing to approve the discretionary authority to address, as • Federal eRulemaking Portal: http:// aforementioned changes to Georgia appropriate, disproportionate human www.regulations.gov. Follow the on-line August 2, 2018, SIP submittal that make health or environmental effects, using instructions for submitting comments. changes to Rule 391–3–1–.01, practicable and legally permissible • Email: [email protected] or ‘‘Definitions,’’ Rule 391–3–.02(2)(c), methods, under Executive Order 12898 [email protected]. ‘‘Incinerators,’’ and Rule 391–3–1– (59 FR 7629, February 16, 1994). • Fax: (214) 665–6762 (prior to .03(11) ‘‘Permit by Rule.’’ EPA views The SIP is not approved to apply on faxing, please notify Alima Patterson at these changes as being consistent with any Indian reservation land or in any (214) 665–8533). the CAA. other area where EPA or an Indian tribe • Mail: Alima Patterson, Regional has demonstrated that a tribe has Authorization/Codification Coordinator, V. Statutory and Executive Order jurisdiction. In those areas of Indian RCRA Permit Section (LCR–RP), Land, Reviews country, the rule does not have tribal Chemicals and Redevelopment Division, Under the CAA, the Administrator is implications as specified by Executive EPA Region 6, 1201 Elm Street, Suite required to approve a SIP submission Order 13175 (65 FR 67249, November 9, 500, Dallas, Texas 75270. that complies with the provisions of the 2000), nor will it impose substantial • Hand Delivery or Courier: Deliver Act and applicable Federal regulations. direct costs on tribal governments or your comments to Alima Patterson, See 42 U.S.C. 7410(k); 40 CFR 52.02(a). preempt tribal law. Regional Authorization/Codification Thus, in reviewing SIP submissions, Coordinator, RCRA Permit Section List of Subjects in 40 CFR Part 52 EPA’s role is to approve state choices, (LCR–RP), Land, Chemicals and provided that they meet the criteria of Environmental protection, Air Redevelopment Division, EPA Region 6, the CAA. This action merely proposes to pollution control, Incorporation by 1201 Elm Street, Suite 500, Dallas, approve state law as meeting Federal reference, Intergovernmental relations, Texas 75270 requirements and does not impose Ozone, Volatile organic compounds. Instructions: EPA must receive your additional requirements beyond those Authority: 42 U.S.C. 7401 et seq. comments by August 9, 2019. Direct imposed by state law. For that reason, your comments to Docket ID Number Dated: June 26, 2019. this proposed action: EPA–R06–RCRA–2016–0549. The EPA’s • Is not a significant regulatory action Mary S. Walker, policy is that all comments received subject to review by the Office of Region 4. will be included in the public docket Management and Budget under [FR Doc. 2019–14610 Filed 7–9–19; 8:45 am] without change and may be made Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P available online at http://

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www.regulations.gov, including any Patterson, Regional Authorization/ Atmospheric Administration (NOAA), personal information provided, unless Codification Coordinator, Permit Commerce. the comment includes information Section (LCR–RP), Land, Chemical and ACTION: Rejection of the petition to ban claimed to be Confidential Business Redevelopment (214) 665–8533 and imports through emergency rulemaking. Information (CBI) or other information Email address [email protected]; whose disclosure is restricted by statute. EPA Region 6, 1201 Elms, Suite 500, SUMMARY: NMFS announces the Do not submit information that you Dallas, Texas 75202–2733. rejection of a petition for emergency consider to be CBI or otherwise SUPPLEMENTARY INFORMATION: On rulemaking under the Administrative protected through http:// October 24, 2018 (83 FR 53595), the Procedure Act. Sea Shepherd Legal, Sea www.regulations.gov, or email. The EPA published a Proposed Rule to Shepherd New Zealand Ltd., and Sea Federal http://www.regulations.gov approve state-initiated changes and Shepherd Conservation Society website is an ‘‘anonymous access’’ incorporation by reference of the State petitioned the U.S. Department of system, which means the EPA will not of Texas hazardous waste program Commerce and other relevant know your identity or contact under (RCRA). EPA is reopening the Departments to initiate emergency information unless you provide it in the comment period due to a comment rulemaking under the Marine Mammal body of your comment. If you send an noting the public needed additional Protection Act (‘‘MMPA’’), to ban email comment directly to the EPA time to comment and that some items importation of commercial fish or without going through regulations.gov, were not in the docket on products from fish that have been your email address will be www.regulations.gov. EPA has now put caught with commercial fishing automatically captured and included as these documents into the docket technology that results in incidental part of the comment that is placed in the identified by Docket ID EPA–R06– mortality or serious injury of Ma¯ui public docket and made available on the RCRA–2016–0549 at dolphin (Cephalorhynchus hectori internet. If you submit an electronic www.regulations.gov and provided this Ma¯ ui) in excess of United States comment, the EPA recommends that additional comment period. standards. you include your name and other List of Subjects DATES: The petition for rulemaking was contact information in the body of your denied on June 18, 2019. comment and with any disk or CD–ROM 40 CFR Part 271 FOR FURTHER INFORMATION CONTACT: you submit. If the EPA cannot read your Environmental protection, Nina Young, NMFS F/IASI (Office of comment due to technical difficulties Administrative practice and procedure, International Affairs and Seafood and cannot contact you for clarification, Confidential business information, Inspection) at [email protected] or the EPA may not be able to consider Hazardous waste, transportation, Indian 301–427–8383. your comment. Electronic files should lands, Intergovernmental relations, SUPPLEMENTARY INFORMATION: avoid the use of special characters, any Penalties, Reporting and recordkeeping form of encryption, and be free of any requirements. Background defects or viruses. (For additional 40 CFR Part 272 Section 101(a)(2) of the Marine information about the EPA’s public Mammal Protection Act (MMPA), 16 docket, visit the EPA Docket Center Environmental protection, Hazardous U.S.C. 1371(a)(2), states that: ‘‘The homepage at https://www.epa.gov/ materials transportation, Hazardous Secretary of the Treasury shall ban the dockets/commenting-epa-dockets.) waste, Incorporation by reference, importation of commercial fish or Docket: All documents in the docket Intergovernmental relations, Water products from fish which have been are listed in the http:// pollution control, Water supply. caught with commercial fishing www.regulations.gov index. Although Authority: This document is issued under technology which results in the listed in the index, some information is the authority of Sections 2002(a), 3006 and incidental kill or incidental serious not publicly available, e.g., CBI or other 7004(b) of the Solid Waste Disposal Act as injury of ocean mammals in excess of information whose disclosure is amended 42 U.S.C. 6912(a), 6926, 6974(b). United States standards.’’ In August restricted by statute. Certain other Dated: June 28, 2019. 2016, NMFS published a final rule (81 material, such as copyrighted material, David Gray, FR 54390; August 15, 2016) will be publicly available only in hard Acting Regional Administrator, Region 6. implementing the fish and fish product copy. Publicly available docket import provisions in section 101(a)(2) of materials are available either [FR Doc. 2019–14422 Filed 7–9–19; 8:45 am] BILLING CODE 6560–50–P the MMPA. This rule established electronically in http:// conditions for evaluating a harvesting www.regulations.gov, or in hard copy. nation’s regulatory programs to address You may view and copy the documents DEPARTMENT OF COMMERCE incidental and intentional mortality and that form the basis for this authorization serious injury of marine mammals in and codification and associated publicly National Oceanic and Atmospheric fisheries operated by nations that export available materials from 8:30 a.m. to 4 Administration fish and fish products to the United p.m. Monday through Friday at the States. In that rule’s preamble, NMFS following location: EPA, Region 6, 1201 50 CFR Part 216 stated that it may consider emergency Elm Street Suite 500, Dallas, Texas rulemaking to ban imports of fish and 75270, contact: Alima Patterson, phone RIN 0648–XG809 fish products from an export or exempt number: (214) 665–8533. Interested fishery having or likely to have an persons wanting to examine these Notification of the Rejection of the Petition To Ban Imports of All Fish and immediate and significant adverse documents in person should contact Ms. impact on a marine mammal stock. Patterson to make an appointment. Fish Products From New Zealand That Do Not Satisfy the Marine Mammal FOR FURTHER INFORMATION CONTACT: The Petition Protection Act Bruce Jones, Office of Regional Counsel NMFS received a petition on February (ORC), (214) 665–3184 and Email AGENCY: National Marine Fisheries 6, 2019, from Sea Shepherd Legal, Sea address [email protected]; or Alima Service (NMFS), National Oceanic and Shepherd New Zealand Ltd., and Sea

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Shepherd Conservation Society, stating in meeting bycatch reduction targets According to the 2019 assessment, that the Secretaries of Commerce and defined as the Population Sustainability bycatch of Ma¯ui dolphins in commercial other relevant federal Departments are Threshold (PST). fishing operations is currently at or required under section 101(a)(2) of the 3. Based on the 2019 assessment, New below PBR and PST. However, because MMPA (16 U.S.C. 1371(a)(2)), to ‘‘ban Zealand is now proposing additional the population of Ma¯ui dolphins is very the importation of commercial fish or regulatory measures which, when fully small, New Zealand is committed to products from fish’’ sourced in a implemented, will likely further reduce reducing the risk of all human-induced manner that ‘‘results in the incidental risk and Ma¯ui dolphin bycatch below deaths to as close as possible to zero to kill or incidental serious injury’’ of Potential Biological Removal level provide the best chance of preventing Ma¯ui dolphin ‘‘in excess of United (PBR). further population decline, and allow States standards.’’ The petition New Zealand has undertaken the same the population to increase as rapidly as requested that the relevant Secretary process as NMFS does through its take possible. Based on the mortality ban the importation of all fish and fish reduction team process: implemented a estimates in the risk assessment, New products caught in set nets or trawls regulatory plan, evaluated whether the Zealand is proposing to implement inside the Ma¯ui dolphin’s range and plan reduced bycatch below PBR, and additional mitigation measures with the from the west coast of New Zealand’s revised the plan when it was proposed outcome of reducing the North Island and the Cook Strait, unless determined that bycatch has not been current level of fisheries risk by at least affirmatively identified as having been reduced below PBR. 50 percent. On June 17, 2019, New caught with a gear type other than set Since 2012, the Government of New Zealand published a TMP containing nets or trawls within that area or Zealand has had in place measures additional options to reduce Ma¯ui affirmatively identified as caught restricting set nets and trawls in certain dolphin bycatch. New Zealand’s outside the Ma¯ui dolphin’s range. areas of Ma¯ui dolphin habitat, and Hector’s and Ma¯ui dolphin Threat As support for the need for this required increased observer coverage Management Plan is currently under action, the petition cites several reports and other monitoring mechanisms. public review and comment with final and studies, which note various From 1995/96 to present, there have regulatory action by the New Zealand’s estimates of decline. The petitioners Ministers scheduled for late 2019 (See: been no observed captures of Ma¯ui assert that for the Ma¯ui dolphin, set net https://www.fisheries.govt.nz/news-and- dolphins in set net or trawl fisheries and trawl bycatch has driven the species resources/consultations/hectors-and- (Roberts et al. 2019). from a population of approximately maui-dolphins-threat-management- According to the risk assessment, for 2,000 individuals in 1971, to 111 in plan-review/). ¯ 2004, to 55 in 2011. Further, the petition Maui dolphins on the West Coast of the New Zealand’s TMP proposes a range notes that in 2018 the Scientific North Island (WCNI), the estimated of bycatch mitigation measures to Committee of the International Whaling annual deaths from commercial set nets complement measures already in place Commission reported an abundance was 0.09 individuals per year, (95 and reduce the residual risk from both estimate of 57 individuals, with a 95 percent CI = 0.0–0.3) and for the inshore set netting and trawling. An additional percent confidence interval of 44 to 75 trawl fishery was 0.02 individuals per mitigation measure, in addition to the individuals, which equates to an year (95 percent CI = 0.0–0.1). mitigation options proposed in the 2019 average decline of 2 percent every year Therefore, estimated bycatch in set and TMP, is the inclusion of a trigger and a total decline of 59 percent over trawl fisheries is approximately mechanism where set net and trawl the 31-year period from 1985 to 2016. equivalent to the PBR level of 0.11 for fishing would be halted throughout the The petitioners maintain that any Ma¯ui dolphin, assuming the distribution range of the Ma¯ui dolphins if a fisheries fishery using set nets, trawls, or gillnets of Ma¯ui dolphins can be accurately capture occurred. The TMP is the in the Ma¯ui dolphin range along the approximated by the Hector’s dolphin functional equivalent to a take reduction west coast of New Zealand’s North habitat preference model. The estimated plan under the MMPA. The immediate Island violates U.S. standards under the bycatch is also less than New Zealand’s goal of take reduction plans is to reduce, MMPA. The petitioners provide a list of PST (their PBR equivalent) of 0.28 (i.e., within six months of its 11 fish species harvested within the assuming a calibration coefficient (F) implementation, the incidental Ma¯ui dolphin range by set nets, trawls, value of 0.2 corresponding to a mortality or serious injury of marine or gillnets that are potentially imported population recovery target at 90 percent mammals from commercial fishing to into the U.S. as fish or fish products. of carrying capacity) or alternately the less than the PBR level (16 U.S.C PST = 0.14 (if the population recovery 1387(f)(2)). Most of the options NMFS Determination objective for Ma¯ui dolphins is recovery contained in New Zealand’s TMP, once NMFS reviewed the petition, to 95 percent of its carrying capacity). implemented, would further reduce the supporting documents, previous risk Therefore, the best estimate of annual risk of Ma¯ui dolphin bycatch. With the assessments and threat management mortalities for assessed commercial exception of the status quo option, all plans and New Zealand’s 2019 risk fisheries did not exceed the annual PST options within the TMP, once assessment and Threat Management between 2014/15 and 2016/17, implemented, will likely further reduce Plan (TMP). NMFS is rejecting the indicating that the recent mortality Ma¯ui dolphin bycatch to well below petition because the Government of levels for these fisheries would not PBR and PST. New Zealand is implementing a individually or collectively depress the Therefore, based on the current regulatory program comparable in equilibrium population below 90 regulatory regime and assuming the effectiveness to the United States and percent of carrying capacity. For Ma¯ui implementation of additional measures for the following reasons: dolphins, the estimated annual deaths, outlined in the TMP, NMFS does not 1. New Zealand has in place an fishing effort, and risk ratios have believe that import restrictions under existing regulatory program to reduce declined through time since 1992/93. the MMPA Import Provisions are Ma¯ui dolphin bycatch. New Zealand’s 2019 spatial risk warranted at this time and is rejecting 2. Through its 2019 risk assessment, assessment of threats to Ma¯ui dolphin the petition. As part of the MMPA New Zealand evaluated the informs the revised TMP for this Import Provisions, NMFS will continue effectiveness of this regulatory program subspecies (Roberts et al. 2019). to evaluate New Zealand’s

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implementation of its regulatory regime portion of Ma¯ui dolphin habitat closed Organization’s code of conduct, and governing set net and trawl fisheries to set net and trawl fishing (14 percent ranking the overall effectiveness of with the potential to interact with Ma¯ui and 5 percent, respectively) stating that fishery management regimes, New dolphin to ensure that the regulatory the current closures were insufficient to Zealand is in the first rank of nations. regime is comparable in effectiveness to cover the range and density of Ma¯ui NFI questioned, ‘‘if New Zealand/MPI the U.S. regulatory regime. dolphins. Likewise, the petitioners and cannot meet American requirements for the Marine Mammal Commission effective conservation of the Ma¯ui Responses to Comments on the expressed concern over the small dolphin, it is not clear what country’s Notification of the Petition percentage of observed set net and trawl fishery management regulators could NMFS received comments on the fishery operations (12.7 percent and meet those requirements as to their notification of the petition from fishing 14.6 percent, respectively) stating the marine mammals.’’ NFI also states if industry groups, environmental non- coverage has been too low to estimate NMFS is ‘‘badgered’’ into imposing governmental organizations (NGOs), the magnitude of incidental catch of multiple embargoes of the kind private citizens, the Marine Mammal Ma¯ui dolphins precisely or accurately to Petitioners seek, then the commercial Commission, and foreign governments. detect trends in the catch. damage to the U.S. seafood industry— General Comments Response: 50 CFR 216.24(h)(7) and the tens of millions of consumers it outlines additional considerations for serves—will be significant indeed. NFI NMFS received comment letters and comparability finding determinations. also claimed that ‘‘repeated petitions from private citizens primarily Those considerations include the extent establishment of unwarranted MMPA through environmental NGOs to which the harvesting nation has embargoes of this nature, moreover, supporting the petition. Specifically, the successfully implemented measures in eventually will trigger similar majority of commenters expressed their the export fishery to reduce the requirements aimed at the United States support for the petition and the incidental mortality and serious injury and its seafood exports. That will raise application of trade restrictions. NMFS of marine mammals caused by the costs and create uncertainty for U.S. received more than 88,678 petitioners harvesting nation’s export fisheries to harvesters who seek predictable access on the Care2 comments, most with levels below the bycatch limit; and to their own export markets, and who minimal substantive comment. Forty- whether the measures adopted by the stand to lose that access if the U.S. three public comments generally harvesting nation for its export fishery fishery management system is found supported the petition. In addition, we have reduced or will likely reduce the similarly, and arbitrarily, wanting by received substantive comments from the cumulative incidental mortality and foreign fishery management agencies.’’ Marine Mammal Commission, industry serious injury of each marine mammal Response: NFI’s comments have (2), marine mammal scientists (1) and stock below the bycatch limit, and the misinterpreted the MMPA Import environmental NGOs (3) for a total of progress of the regulatory program Provisions. These provisions do not 88,726 comments/petitioners. toward achieving its objectives (50 CFR evaluate a nation’s overall fishery Comments received are available on the 216.24(h)(7)(i–ii)). management regime, but rather the internet at http://www.regulations.gov As noted by the Marine Mammal management measures that apply to the under Docket ID ‘‘NOAA–NMFS–2019– Commission, the two population bycatch of marine mammals in its 0013.’’ In the following section, NMFS estimates produced since the fisheries that export fish and fish responds to those comments most establishment of the prohibition zones, products to the United States. It is those applicable to this determination. made five years apart, were very similar management measures that must be The Adequacy of Existing Measures (Slooten and Dawson 2018), suggesting comparable in effectiveness to the U.S. Regulating Commercial Fishing that protection provided by the current regulatory program. Throughout the Range of the Ma¯ui regulatory regime may have slowed or Comment 3: The petitioners and the halted the population’s decline. This Marine Mammal Commission state that Dolphin observation is supported by the bycatch ‘‘while the New Zealand management Comment 1: The petitioners and the estimates in the current risk assessment, system includes many of the elements Marine Mammal Commission expressed which now estimate Ma¯ui dolphin found in the U.S. system, the dire concern about the adequacy of measures bycatch at 0.1 animals annually over the situation facing Ma¯ui dolphins, and to mitigate Ma¯ui dolphin bycatch. The last three years. Additionally, the 2019 their declining trend and the lack of petitioners cited the 2018 report of the TMP contains additional options for confidence in the measures in place to IWC Scientific Committee that stated: bycatch mitigation, which, with the reverse this trend, suggests that New ‘‘existing management measures in exception of the status quo, extends Zealand’s program is not comparably relation to bycatch mitigation fall short protection over a larger portion of Ma¯ui effective.’’ To support this assertion, the of what has been recommended dolphin habitat. The evidence presented Commission again cites the IWC 2018 previously’’ (IWC 2018). Since 2015, the in terms of abundance estimates and Scientific Committee report, noting that Scientific Committee expressed risk assessments supports the adequacy New Zealand had not implemented any concerns about New Zealand’s of existing protection measures. new protective measures for the regulatory regime and in 2018 Therefore, NMFS believes the existing subspecies since 2013 (IWC 2018). As ‘‘reiterate[d] its previous and the proposed regulatory regime is well as the Scientific Committee recommendation that highest priority sufficient to maintain Ma¯ui dolphin conclusion that the ‘‘existing should be assigned to immediate bycatch below PBR. management measures in relation to management actions to eliminate Comment 2: The National Fisheries bycatch mitigation fall short of what has bycatch of Ma¯ui dolphins including Institute (NFI) claims that in multiple been recommended previously’’; the closures of any fisheries within the recent studies assessing various nations Committee expressed ‘‘continued grave range of Ma¯ui dolphins that are known for management of their Exclusive concern over the status of this small, to pose a risk of bycatch to dolphins Economic Zones, determining whether severely depleted subspecies’’ (IWC (i.e., set net and trawl fisheries).’’ The countries’ fisheries management 2018). petitioners and the Marine Mammal systems are compliant with the United The Marine Mammal Commission Commission expressed concern over the Nations Food and Agriculture states that ‘‘to address the unacceptably

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high level of mortality and serious recovery outcomes, reflecting a policy environmental NGOs cited the 2012 injury of a subspecies such as Ma¯ui decision (Sharp 2018). The petitioners Ma¯ui dolphins Threat Management Plan dolphin, it is likely that NMFS long ago state that ‘‘the PST differs from PBR by (MPI/DOC 2012). Citing that would have (i) assigned highest priority (1) fixing the end-goal as maintenance of approximately 95 percent of human- to developing a take reduction plan to population at only half of ‘carrying induced Ma¯ui dolphin mortalities were reduce mortality and (ii) invoked the capacity,’ as opposed to including a caused by fishing (commercial, emergency rulemaking provisions under recovery factor that aims to ‘allow that recreational, customary and illegal MMPA section 118(g) given the stock to reach or maintain its optimum fishing combined) and an estimated that apparent ‘‘immediate and significant sustainable population’; (2) including a 5 Ma¯ui dolphins, on average, were adverse effect’’ of fisheries on the two-century time horizon no matter the killed each year due to fisheries population. It is also likely that NMFS specific context; and (3) using the full interactions, these groups used the would have substantially increased distribution of the population size Currey et al. (2012) assessment as the observer coverage to better understand estimate, rather than an estimated foundation for their conclusion that and track the impacts of fisheries minimum.’’ The petitioners claim that fishing is the primary cause of the interactions. It is not clear that New to be ‘‘consistent with U.S. standards (as decline in Ma¯ui dolphins and that this Zealand’s efforts to date have been required by the MMPA Imports threat has had an ‘‘immediate and comparable to what is required of NMFS Provision), New Zealand must adopt the significant adverse impact’’ on the and U.S. fisheries under the MMPA.’’ PBR methodology.’’ subspecies. The petitioners stated that Response: While the Commission may Response: The MMPA Import ‘‘current estimates of mortalities from be correct in stating that NMFS would Provisions do not require harvesting fisheries (ranging from two to five likely have convened a take reduction nations to use PBR. These provisions individuals per year) exceed PBR team, any assertion as to the outcome of define ‘‘Bycatch limit’’ as the several times over.’’ that process is speculative. New calculation of a potential biological Response: The previous multi-threat Zealand has implemented a functional removal level for a particular marine risk assessment for Ma¯ui dolphins used equivalent to the take reduction process, mammal stock, as defined in § 229.2 of an expert panel to estimate threat- its risk assessment and TMP. Similarly, this chapter, or comparable scientific specific annual deaths for a range of since 2012 New Zealand has metric established by the harvesting perceived key threats to this subspecies, successfully increased fisheries observer nation or applicable regional fishery relative to a PBR (Currey et al. 2012). coverage in West Coast North Island set management organization or Changes in data availability (e.g., longer net and trawl fisheries since 2012. The intergovernmental agreement. As noted, time series of fisheries information, TMP will inform further modifications the PST differs in using mean more comprehensive necropsy methods, to its existing regulatory program. New populations estimate (N) rather than and improvements to habitat-based Zealand is proposing additional bycatch Nmin and F as a general policy spatial distribution information mitigation options that would parameter instead of a recovery factor parameterized using data from new implement bycatch mitigation over a (Fr). The choice for the policy parameter aerial surveys) and advances in larger portion of the Ma¯ui dolphin’s is left to managers. In the current 2019 scientific approaches to risk assessment range. Such actions should address any Hector’s-Ma¯ui dolphin risk assessment, (Sharp 2018) have resulted in a new risk perceived uncertainty in the risk New Zealand reports PST values based assessment with revised estimates of assessment model or its assumptions, on a default value of 0.2 for F, Ma¯ui dolphins bycatch, and the and any unaccounted for bycatch risk corresponding to a population recovery conclusion that toxoplasmosis is a major such as that associated with recreational goal at 90 percent of carrying capacity. cause of death for Ma¯ui dolphins (Roe and illegal fishing. This iterative process In the officials’ advice to policy makers et al. 2013). It is mortality associated to implement, reconsider, and refine (New Zealand government ministers) with disease, not commercial fisheries bycatch reduction measures, is similar under the TMP, New Zealand officials bycatch, that results in the annual to the take reduction process for marine recommend use of the default value for mortality of Ma¯ui dolphins exceeding mammal stocks such as the Gulf of Hector’s dolphins, and a more PBR. Maine harbor porpoise and the North precautionary value of F = 0.1 for Ma¯ui Specific Fisheries Are or May Be Atlantic right whale. dolphins, reflecting their urgent Directly Associated With Potential Comment 4: The petitioners claim conservation status. The greatest Mortality of Ma¯ui Dolphin and that PBR and PST are not comparable differences between the PST and the Therefore Fall Within the Scope of the and states that the New Zealand PBR calculation come from different Petition for Emergency Action Government readily admits that PST is values for Rmax (one-half the maximum not equivalent to PBR. The Ministry for theoretical or estimated net productivity Comment 6: Sea Shepherd asserts that Primary Industries (MPI), the lead rate of the stock at a small population eleven fish species may be the source of authority for New Zealand fisheries, size) and the level of protection exports to the United States. Ten of summarizes PST as follows: The PST is conferred by Fr (or F). In the case of those species are drawn from a list an index of the population productivity, Ma¯ui dolphin the PBR is 0.11 while the prepared by Sanford Ltd and Moana Ltd adapted from the PBR. It is an estimate PST is 0.28 (F = 0.2) or 0.14 (F = 0.1). when they prepared their Ma¯ui of the maximum number of human- At this level, the difference between Protection Plan. The Marine Mammal caused mortalities that will allow PBR and PST is negligible. Commission agrees with the petitioners populations to recover to and/or that the specific fisheries which are, or stabilize and remain at or above a Whether the Apparent Decline in the may be, directly associated with defined population target. The PST Ma¯ui Dolphin Population Due to mortality of Ma¯ui dolphins are the differs from the PBR by explicitly Commercial Fishing Meets the Standard gillnet and trawl fisheries that operate including the uncertainty in population of ‘‘Immediate and Significant Adverse within the core range of the Ma¯ui size, instead of using a conservative Impact on a Marine Mammal Stock’’ dolphin. The Commission states that point estimate of population size, and Within the Meaning of the MMPA although the MMPA Import Provisions by utilizing a scaling factor that can be Comment 5: The petitioners, Marine focuses on identifying particular tuned to achieve different population Mammal Commission, and other offending fisheries, it is the statutory

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language that should be controlling. ‘‘In reports of on-board fishery observers; Ma¯ui dolphins to exceed PBR. this case, the language of the MMPA information from off-loading facilities, Nevertheless, New Zealand has states, ‘[t]he Secretary . . . shall ban the port-side officials, enforcement agents published the current TMP for public importation of commercial fish or and officers, transshipment vessel comments and expects to implement products from fish which have been workers and fish importers; government additional regulations by October 2019. caught with commercial fishing vessel registries; regional fisheries With the exception of the status quo, all technology which results in the management organizations documents options move, to some extent, set net incidental kill or incidental serious and statistical document programs; and and trawl fisheries out of Ma¯ui dolphin injury of ocean mammals in excess of appropriate certification programs. habitat, further reducing the bycatch United States standards.’ ’’ The Other sources may include published risk and increasing the likelihood that Commission states that it ‘‘recognizes literature and reports on fishing vessels the annual mortality from commercial that it may be difficult at this time to with incidental mortality and serious fisheries will remain below PBR. NMFS track fish and fish products to specific injury of marine mammals from will continue to evaluate New Zealand’s offending fisheries. If that is the case government agencies; foreign, state, and implementation of its regulatory regime and NMFS does move forward with a local governments; regional fishery governing set net and trawl fisheries ban, the Commission recommends that management organizations; with the potential to interact with Ma¯ui NMFS include imports of fish and fish nongovernmental organizations; dolphin to ensure that the regulatory products from all gillnet and trawl industry organizations; academic regime is comparable in effectiveness to fisheries that operate, even partially, in institutions; and citizens and citizen the U.S. regulatory regime. the core of the Ma¯ui dolphin’s range.’’ groups. Fisheries Inshore New Zealand stated Literature Cited Concerns About Further Delay in the that its information indicates that Implementation of Bycatch by Deferring Baird SJ, Bradford E (2000) Estimation of products sourced from Ma¯ui habitat are Hector’s dolphin bycatch from inshore Action on the Petition not exported to the United States. fisheries, 1997–98 fishing year. Response: NMFS disagrees. NMFS Comment 8: Fisheries Inshore New Published Client Report on Contract cannot implement import restrictions Zealand recommended deferring action 3024, Funded by Conservation Services that affect fisheries that do not export to on the petition until the TMP process Levy. Department of Conservation, the United States. Both the MMPA has been completed and the decisions of Wellington, NZ, www.doc.govt.nz/ the New Zealand Government are upload/documents/science-and- Import Provisions and the statute turn technical/CSL3024.pdf. on the importation of fish and fish known. The NFI claimed the petition is Cooke, J.G., D. Steel, R. Hamner, R. products from a specific fishery, not just badly flawed and fails to establish the Constantine, and C.S. Scott. 2018. any fishery, and certainly not all statutorily required nexus between the Population estimates and projections of fisheries operating within the range of a Ma¯ui dolphin and most of the fisheries Ma¯ui dolphin (Cephalorhyncus hectori marine mammal regardless of whether to which it is supposed to apply. NFI Ma¯ui) based on genotype capture- they export product to the United urged NMFS to deny the Petition in recapture, with implications for States. While there are set net and trawl whole. The petitioners, several management of mortality risk. fisheries on the List of Foreign Fisheries environmental NGOs, and the Marine Unpublished document submitted to the Mammal Commission urged NMFS to International Whaling Commission that operate within the Ma¯ui dolphin Scientific Committee. Document SC/67b/ range, NMFS, working with the conclude its consultations and ASI/05. 15pp. Government of New Zealand, has not accelerate emergency rulemaking to ban Currey RJC, Boren LJ, Sharp BR, Peterson D been able to establish conclusively that imports of fish and fish products from (2012) A risk assessment of threats to these fisheries export to the United fisheries known or likely to take Ma¯ui Ma¯ui’s dolphins. Ministry for Primary States. dolphin in excess of U.S. standards. The Industries and Department of Comment 7: NFI expressed concern Marine Mammal Commission stated it Conservation, www.doc.govt.nz/getting- over the petitioners’ reliance on ‘‘recognizes that New Zealand is involved/consultations/current/threat- industry information to supply the currently developing a revised threat management-plan-review-for-Ma¯ uis- dolphin/. statutorily required nexus between management plan (the TMP) expected to Currey, R. and D. Lundquist. 2016. Ma¯ui specific fisheries and the habitat of the contain further measures to reduce the dolphin: 2016 update on New Zealand’s Ma¯ui dolphin. NFI asks what purpose impact of fishing on Ma¯ui dolphins.’’ research and management approach. NMFS’s determination related to the The Commission noted that ‘‘such International Whaling Commission LOFF serves if petitioners can simply processes often take much longer than Scientific Committee submission jettison them in favor of more attractive expected and do not always achieve the available at: https://www.doc.govt.nz/ data points. NFI states that ‘‘if desired results.’’ The Commission nature/native-animals/marine- Petitioners in this instance can meet believes that Ma¯ui dolphins are at too mammals/dolphins/Ma¯ uidolphin/ their MMPA burden by relying great a risk of further decline and resources/. Dawson SM, Slooten E (1988) Hector’s primarily on information obtained extinction to allow for customary, but Dolphin Cephalorhynchus hectori: outside of, and in contradiction to, final potentially drawn-out procedures that, Distribution and abundance. Reports of LOFF determinations, then no in the end, may not sufficiently mitigate the International Whaling Commission, stakeholder in this process can rely on the main threats facing Ma¯ui dolphins.’’ Special Issue 9: 315–324. those determinations.’’ Response: NMFS disagrees with the IWC (International Whaling Commission). Response: NMFS disagrees. The comments from petitioners, the 2018. Report of the Scientific Committee. MMPA Import Provisions at 50 CFR Commission, and environmental NGOs Journal of Cetacean Research and 216.24(h)(3)(iv) clearly state that NMFS on this point. NMFS sees no benefit at Management 19 (Supplement):1–428. may consider other readily available this time in imposing import restrictions IWC (International Whaling Commission). In press. Report of the Scientific and relevant information about such on fisheries operating within the range Committee. Journal of Cetacean Research commercial fishing operations and the of Ma¯ui dolphins. The risk assessment and Management 20 (Supplement). frequency of incidental mortality and clearly identifies that disease, not IWC (2018) Report of the Scientific serious injury of marine mammals, commercial fisheries, is the primary Committee Annex M Report of the Sub- including: Fishing vessel records; factor causing the annual mortality of committee on small cetaceans. IWC/67b/

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Rep01, Annex M. Summary of the 67th assessment of threats to Hector’s and dolphin. Aquatic Conservation: Marine meeting of the International Whaling Ma¯ui dolphins (Cephalorhynchus and Freshwater Ecosystems 20: 334–347. Commission: 10–14 September 2018 Vol. hectori). New Zealand Aquatic Slooten E, Dawson SM, Rayment WJ, 34 No. 2 Online at: http://enb.iisd.org/ Environment and Biodiversity Report Childerhouse SJ (2006) A new iwc/67/ IWC. 2017. Annex J: Report of No. 214. Ministry for Primary Industries, abundance estimate for Ma¯ui’s dolphin: the Working Group on Non-Deliberate New Zealand. What does it mean for managing this Human-Induced Mortality of Cetaceans. ‘‘Scientists Argue about New Zealand critically endangered species? Biological Bled, Slovenia. Fisheries,’’ Sustainable Fisheries, Conservation 128: 576–581. Leathers, A. and A. Leslie. 2017. Gear University of Washington (July 3, 2017) Slooten, E. and S.M. Dawson. 2018a. switching to remove threats to Ma¯ui (including links to referenced studies) Updated population viability analysis, dolphin and address the socio-economic (https://sustainablefisheries-uw.org/new- population trends and PBRs for Hector’s barriers to effective conservation. zealand-fisheries-fight/). ¯ Unpublished document submitted to the and Maui Dolphin. Available at: https:// Sharp, BR (2018). Spatially Explicit Fisheries www.regulations.gov/ International Whaling Commission Risk Assessment: A framework for Scientific Committee. Document SC/67a/ document?D=NOAA-NMFS-2016-0118- quantifying and managing incidental HIM14. 17 pp. 0076. commercial fisheries impacts on non- National Marine Fisheries Service. 2017. Slooten, E. and S.M. Dawson. 2017. Bycatch target species’. Chapter 3 in: Aquatic Final Rule to List the Ma¯ui Dolphin as and PBRs for Ma¯ui and Hector’s dolphin. Environment and Biodiversity Annual Endangered and the South Island Unpublished document submitted to the Hector’s Dolphin as Threatened Under Review 2018. Ministry for Primary International Whaling Commission the Endangered Species Act. Docket No. Industries, New Zealand. Scientific Committee. Document SC/67a/ 160614520–7805–02. Slooten E (2013) Effectiveness of area-based HIM07rev1. 16 pp. Nelson, W. and C. Radford. 2018. Occurrence management in reducing bycatch of the Taylor B, Lonergan M, Reeves R (2018) Panel of Cephalorhynchus hectori in the New Zealand dolphin. Endangered comments and recommendations. Report Species Research 20: 121–130. coastal waters of Manukau and Taranaki, to New Zealand Ministry for Primary Slooten E., S.M. Dawson, and W.J. Rayment. New Zealand. Second Deployment. Industries and Department of 2004. Aerial surveys for coastal Identifying temporal and spatial Conservation. https://www.doc.govt.nz/ dolphins: Abundance of Hector’s information for review of the 2012 globalassets/documents/conservation/ dolphins off the South Island west coast, Threat Management Plan.Department of native-animals/marine-mammals/Ma¯ ui- Conservation, University of Auckland, New Zealand. Marine Mammal Science 20: 117–130. tmp/hectors-risk-assessment-workshop- and National Institute of Water and panel-recommendations-appendix-1.pdf. Atmospheric Research. 22 pp. Slooten E. and N. Davies. 2011. Hector’s NZDOC (New Zealand Department of dolphin risk assessments: Old and new Dated: July 5, 2019. Conservation). 2007. New Zealand analyses show consistent results. Journal Alan D. Risenhoover, of the Royal Society of New Zealand 42: Threat Classification System lists—2005. Acting Deputy Assistant Administrator for Wellington: Science & Technical 49–60. Regulatory Programs, National Marine Publishing, Department of Conservation. Slooten E, Dawson SM (2010) Assessing the Fisheries Service. p.32. ISBN 978–0–478–14128–3. effectiveness of conservation Roberts, J.O., D.N. Webber, C.T.T. Edwards, management decisions: Likely effects of [FR Doc. 2019–14720 Filed 7–9–19; 8:45 am] W.D. Roe, I.J. Doonan (2019). Spatial risk new protection measures for Hector’s BILLING CODE 3510–22–P

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Notices Federal Register Vol. 84, No. 132

Wednesday, July 10, 2019

This section of the FEDERAL REGISTER be made available to the public. Please any adverse effects on program integrity contains documents other than rules or be advised that the substance of the or access, including access by proposed rules that are applicable to the comments and the identity of the vulnerable households. Since these public. Notices of hearings and investigations, individuals or entities submitting the rules have been in effect for about two committee meetings, agency decisions and comments will be subject to public years, FNS has gained experience with rulings, delegations of authority, filing of petitions and applications and agency disclosure. FNS will make the written the number and type of major changes statements of organization and functions are comments publicly available on the States have reported. However, since examples of documents appearing in this internet via http://www.regulations.gov. decisions to make major changes to section. All written comments will be open for program operations rest with each public inspection at the FNS office individual State agency, the frequency during regular business hours (8:30 a.m. and timing of future major changes can DEPARTMENT OF AGRICULTURE to 5:00 p.m., Monday through Friday) at only be estimated based upon the last 3101 Park Center Drive, Room 800, two years of FNS’ experience. Food and Nutrition Service Alexandria, Virginia 22302. All Regulations at 7 CFR 272.15(a)(3) responses to this notice will be require States to provide both Agency Information Collection summarized and included in the request descriptive and analytic information Activities: Proposed Collection; for OMB approval. All comments will regarding the major change. We estimate Comment Request—Review of Major be a matter of public record. it takes 8 hours to describe the change Changes in the Supplemental Nutrition and 32 hours to complete the required Assistance Program (SNAP) FOR FURTHER INFORMATION CONTACT: Requests for additional information analysis for a total of 40 hours per AGENCY: Food and Nutrition Service should be directed to Ms. Mary Rose response. State agencies are required to (FNS), USDA. Conroy at (703) 305–2803. provide descriptive information ACTION: Notice. SUPPLEMENTARY INFORMATION: Comments regarding the major change together are invited on: (a) Whether the proposed with an analysis of its projected impacts SUMMARY: In accordance with the collection of information is necessary on program operations. The regulations Paperwork Reduction Act of 1995, this for the proper performance of the also set out requirements for the State to notice invites the general public and functions of the agency, including collect and report additional monthly other public agencies to comment on the whether the information shall have information collected and gathered at proposed information collection. This is practical utility; (b) the accuracy of the the program/State levels that are a reinstatement, with change, of a agency’s estimate of the burden of the submitted on a quarterly basis to FNS. previously approved collection for proposed collection of information Reporting continues for at least a year which approval has expired. The including the validity of the after the change is completely previously approved collection is methodology and assumptions used; (c) implemented. It is not uncommon for a associated with State agencies notifying ways to enhance the quality, utility, and State to pilot a change prior to statewide FNS of and thereafter reporting on clarity of the information to be implementation. FNS can require Major Changes in their operation of collected; (d) ways to minimize the information from the pilot to be SNAP. The final rule entitled burden of the collection of information submitted to FNS as well as information Supplemental Nutrition Assistance on those who respond, including regarding the statewide impacts of the Program: Review of Major Changes in through the use of appropriate change after full implementation. Program Design and Management automated, electronic, mechanical, or There are six categories of major Evaluation Systems was published on other technological collection changes: (1) Changes to the States January 19, 2016. The Office of techniques or other forms of information automated system, (2) changing the Management and Budget (OMB) cleared technology. responsibilities of merit system the associated information collection Title: Review of Major Changes in personnel, (3) office closings, (4) requirements (ICR) on March 10, 2016. Program Design. reductions in State SNAP merit system DATES: Written comments must be OMB Number: 0584–0579. personnel, (5) changes that may make it received on or before September 9, Expiration Date: 5/31/2019. more difficult for households to report 2019. Type of Request: Reinstatement, with and (6) an undefined ‘‘other’’ category. ADDRESSES: Comments may be change, of a previously approved Once a State has triggered one of the submitted in writing by one of the collection for which approval has six criteria, the State is required to following methods: expired. report the ‘‘automatic’’ information as • Preferred Method: Federal Abstract: Section 11 of the Act (7 required in § 272.15(b)(2)–(4) and FNS eRulemaking Portal: Go to http:// U.S.C. 2020) requires the Department to must determine what, if any, additional www.regulations.gov. Follow the online develop standards for identifying major data the State will be required to collect instructions for submitting comments. changes in the operations of State and report as provided for in • Mail: Send comments to Program agencies that administer SNAP. § 272.15(b)(5). FNS has determined the Design Branch, Program Development Regulations at 7 CFR 272.15 require automatic reporting requirements and Division, FNS, 3101 Park Center Drive, State agencies to notify the Department its ongoing data collection it requires Room 800, Alexandria, Virginia 22302. when planning to implement a major will be sufficient to provide to FNS the • All written comments submitted in change in operations and State agencies needed information on a major change. response to this information collection to collect any information required by Additional data will occasionally need will be included in the record and will the Department to identify and correct to be generated from States’ automated

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eligibility systems or gathered by Estimated Total Annual Responses: automatic data reporting. At 48 hours conducting additional case review 50. per reprogramming effort, this would be surveys. Estimated Time per Response: 43.2 480 hours per year (10 × 48). Preparing Based upon FNS’ experience over the hours (average). the 40 quarterly reports are estimated to last two years, out of 53 State agencies Estimated Total Annual Burden on require 12 hours each. The total for the this data collection impacts, FNS Respondents: 2,160. 10 States would be 480 + 480 hours = estimates only 10 States to submit major While FNS’ experience has resulted in 960 total hours for reporting (divided by changes annually. The total estimated a change to the number of Major the 10 states = 96 hours per State per burden hours associated with the Major Changes FNS expects States to report year). Change requirements since the final rule annually and the number that will For the 1 State projected to require are being revised from 9,663.75 to 2,160. require additional reporting, there is no additional data collection, this While the number of expected major basis to change original estimates of requirement would be in addition to the changes States are expected to report time/staff needed by States to complete 960 hours above. Such data will annually is revised from 22.5 to 20, the required notification reports. Thus, generally be collected through a sample most of the decrease is based due to the with an estimated 10 States reporting of case reviews. While the required initial overestimated need for additional one major change per year (based upon sample sizes may vary based on the type reporting beyond the ‘‘automatic’’ the last two years), the initial reporting of major change and the proportion of provisions of the rule. The final rule and analysis aspect of the rulemaking the State’s SNAP caseload it may affect, estimated that 6.75 States would be would be 10 annual responses × 40 200 cases per quarter would likely be an required to gather and report additional hours per initial response per State = an upper limit on what FNS could ask of data, while to date FNS has not required estimated 400 burden hours per year. a State. At an estimated one hour to this of any State so the estimate has In terms of State reporting after the review and report on a case, this would been revised to one (1) State annually initial notification, no additional require 800 hours per year for one State will gather and report additional data to reporting has been required beyond the each year. When the 400 hours for FNS. This correction accounts for a automatic reporting requirements. notifications and the 960 hours are decrease in hours from 7,377 in the final Therefore, FNS is projecting that for added for the automatic information, the rule to 896 in this notice. nine of the ten major changes expected total for the 10 States is 2,160 (or 216 Affected Public: State, Local and each year there would be no additional hours per State per year). Tribal governments. reporting burden beyond the automatic With all 10 States reporting quarterly, Estimated Number of Respondents: 10 reporting. All 10 of the major changes there would be 40 responses annually. States per year. estimated each year are expected to One of the 40 reports would contain Estimated Number of Responses per require some automated system additional information from sample Respondent: 5. reprogramming to generate the required data.

States Responses Section Requirement responding per Number of Hours per Total burden per year respondent responses response hours

272.15(a)(3) ...... Initial analysis of Major Change ...... 10 1 10 40 400 272.15(b)(2)–(4) ... Reports required without additional 9 4 36 24 864 data collection. 272.15(b)(5) ...... Reports required with additional data 1 4 4 224 896 collection.

Totals ...... 10 * 5 50 *43.2 2,160 (average)

Dated: June 28, 2019. organizations on a new generic information collection request, explain Brandon Lipps, information collection request, Generic the reasons for any recommended Administrator, Food and Nutrition Service. Clearance to Conduct Survey changes, and, where possible, reference [FR Doc. 2019–14696 Filed 7–9–19; 8:45 am] Improvement Projects. the specific section or paragraph being BILLING CODE 3410–30–P DATES: Comments must be received in addressed. writing on or before September 9, 2019 All timely and properly submitted to be assured of consideration. comments, including names and DEPARTMENT OF AGRICULTURE Comments received after that date will addresses when provided, are placed in be considered to the extent practicable. the record and are available for public Forest Service ADDRESSES: Send written comments to inspection and copying. The public may inspect comments received on this Information Collection: Generic Kenli Kim, National Program Leader for Social Science Research, Forest Service, information collection at the USDA Clearance To Conduct Survey Forest Service Headquarters, 201 14th Improvement Projects 1400 Independence Ave. SW, Mailstop 1114, Washington, DC 20250–1114, or St. SW, Washington, DC 20250 between AGENCY: Forest Service, USDA. by electronic mail to kenli.kim@ the hours of 10:00 a.m. to 5:00 p.m. on business days. Those wishing to inspect ACTION: Notice; request for comment. usda.gov, with ‘‘PRA comment’’ in the subject line. If comments are sent by comments should contact Kenli Kim to SUMMARY: In accordance with the electronic mail, the public is requested facilitate an appointment and entrance Paperwork Reduction Act of 1995, the not to send duplicate written comments to the building. Forest Service is seeking comments via regular mail. Please confine written FOR FURTHER INFORMATION CONTACT: from all interested individuals and comments to issues pertinent to the Kenli Kim, National Program Leader for

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Social Science Research at the Forest purposes and the proper performance of DATES: Comments must be received by Service, [email protected]. the functions of the Agency, including 5:00 p.m. Eastern time on Monday, July Individuals who use telecommunication whether the information will have 29, 2019. devices for the deaf (TDD) may call the practical or scientific utility; (2) the ADDRESSES: You may submit comments Federal Relay Service (FRS) at 1–800– accuracy of the Agency’s estimate of the and responses to the questions below by 877–8339 twenty-four hours a day, burden of the collection of information, one of the following methods. All every day of the year, including including the validity of the comments must be submitted through holidays. methodology and assumptions used; (3) the Federal eRulemaking Portal at SUPPLEMENTARY INFORMATION: ways to enhance the quality, utility, and http://www.regulations.gov, Docket No. Title: Generic Clearance for Survey clarity of the information to be DOC–2019–0003, unless the commenter Improvement Projects. collected; and (4) ways to minimize the does not have access to the internet. OMB Number: 0596–NEW. burden of the collection of information Commenters who do not have access to Expiration Date of Approval: NEW. on respondents, including the use of the internet may submit the original and Type of Request: NEW. automated, electronic, mechanical, or one copy of each set of comments by Abstract: The USDA Forest Service other technological collection mail or hand delivery/courier as noted has broad responsibilities for caring for techniques or other forms of information in option (b) below. the forests and grasslands of the nation. technology. The Forest Service will (a) Electronic Submission: Submit all In order to fulfill this mission, the consider the comments received and electronic comments via the Federal e- Agency needs an accurate amend the information collection Rulemaking Portal at http:// understanding of the range of views and request as appropriate. The final www.regulations.gov (at the home page, preferences held by stakeholders information collection request package enter [DOCKET NUMBER] in the regarding the management and will then be submitted to OMB for ‘‘Search’’ box, click the ‘‘Comment conservation of forests and other natural review and approval. Now!’’ icon, complete the required resources. We do so through various All comments received in response to fields, and enter or attach your information collections of social and this notice, including names and comments). The materials in the docket economic data. The Forest Service addresses when provided, will be a will not be edited to remove identifying requests approval from the Office of matter of public record. Comments will or contact information, and the Management and Budget (OMB) for this be summarized and included in the Department cautions against including generic clearance to allow the Forest submission request for final Office of any information in an electronic Service to rigorously develop, test, and Management and Budget approval. submission that the submitter does not evaluate its survey instruments and Dated: June 17, 2019. want publicly disclosed. Attachments to other data collection instruments. Alexander L. Friend, electronic comments will be accepted in The Forest Service has instituted Deputy Chief, Research & Development. Microsoft Word, Excel, or Adobe PDF formats only. Comments containing state-of-the art techniques to improve [FR Doc. 2019–14685 Filed 7–9–19; 8:45 am] the quality and timeliness of surveys references to studies, research, and BILLING CODE 3411–15–P and related data collection and analyses, other empirical data that are not widely while simultaneously reducing published should include copies of the respondents’ workload and burden. The referenced materials. If you want to purpose of this generic clearance is to DEPARTMENT OF COMMERCE submit a comment with business allow the Forest Service to evaluate, confidential information that you do not adopt, and use these state-of-the-art wish to be made public, submit the techniques to improve its current data [Docket Number: 190703544–9544–01] comment in the manner detailed below. collections on forest and natural land Comment Request; Report on the State Submissions of ‘‘Business Confidential management. This clearance will also be of Counterfeit and Pirated Goods Information’’: For any comments used to aid in the development of new Trafficking and Recommendations submitted electronically containing surveys and data collection methods. business confidential information, the Additionally, the Forest Service ACTION: Notice; request for comments. file name of the business confidential anticipates the benefit of increased version should begin with the characters response rates through improved survey SUMMARY: The Department of Commerce ‘‘BC’’. Any page containing business design, a goal tied directly to improving is seeking comments from intellectual confidential information must be clearly response rates and reducing non- property rights holders, online third- marked ‘‘BUSINESS CONFIDENTIAL’’ response bias. party marketplaces and other third-party on the top of that page and the Estimate of Annual Burden on intermediaries, and other private-sector submission should clearly indicate, via Respondents: 900 hours per year (2,700 stakeholders on the state of counterfeit brackets, highlighting, or other means, hours for the 3 year period). and pirated goods trafficking through the specific information that is business Type of Respondents: Individuals and online third-party marketplaces and confidential. If you request business households, state & local government recommendations for curbing the confidential treatment, you must certify representatives, tribal representatives, trafficking in such counterfeit and that the information is business private sector businesses, and non-profit pirated goods. All responses to this confidential and would not customarily organizations. notice will be shared with interagency be released to the public. Filers of Estimated Annual Number of teams, and specifically the Department submissions containing business Respondents: 2,500 per year. of Homeland Security (DHS), for use in confidential information also must Estimated Annual Number of preparing a report for the President as submit a public version of their Responses per Respondent: 1 response/ directed by the April 3, 2019 comments. The file name of the public respondent. Presidential Memorandum on version should begin with the character Comment is Invited: Comment is ‘‘Combating Trafficking in Counterfeit ‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be invited on: (1) Whether this collection and Pirated Goods’’ (Presidential followed by the name of the person or of information is necessary for the stated Memorandum). entity submitting the comments or

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rebuttal comments. Failure to follow pirated goods and the types of effective detection, interdiction, these procedures may result in the counterfeit and pirated goods that are investigation, and prosecution regarding public posting of the submissions in trafficked, along with any other relevant trafficking in counterfeit and pirated their entirety. If these procedures are data, and shall provide a foundation for goods, including trafficking through not sufficient to protect business any recommended administrative, online third-party marketplaces and confidential information or otherwise regulatory, legislative, or policy other third-party intermediaries. These protect business interests, please contact changes. recommendations should include Raquel Cohen at Raquel.Cohen@ (ii) Evaluate the existing policies and suggestions for increasing the use of trade.gov to assess whether alternative procedures of third-party intermediaries effective technologies and expanding arrangements are possible. relating to trafficking in counterfeit and collaboration with third party (b) Written/Paper Submissions: pirated goods, and identify the practices intermediaries, intellectual property Commenters who do not have access to of those entities that have been most rights holders, and other stakeholders. the internet may send written/paper effective in curbing the importation and (viii) Identify areas for collaboration submissions to: The Office of sale of counterfeit and pirated goods, between the Department of Justice and Intellectual Property Rights (OIPR), including those conveyed through Department of Homeland Security on International Trade Administration, online third-party marketplaces. The efforts to combat trafficking in U.S. Department of Commerce, 1401 report should also evaluate the counterfeit and pirated goods. Constitution Ave. NW, Room 21028, effectiveness of Federal efforts, The Presidential Memorandum Washington, DC 20230. Submissions of including the requirement for certain defines: ‘‘Business Confidential Information’’: Federal contractors to establish and • ‘‘Online third-party marketplace’’ to Please review the ‘‘Business maintain a system to detect and avoid mean ‘‘any web-based platform that Confidential Information’’ instructions counterfeit electronic parts under the includes features primarily designed for noted in (a), above. Defense Federal Acquisition Regulation arranging the sale, purchase, payment, FOR FURTHER INFORMATION CONTACT: For Supplement (DFARS) 252.246–7007, as or shipping of goods, or that enables questions about this notice, contact well as steps taken by foreign sellers not directly affiliated with an Raquel Cohen at the U.S. Department of governments, such as France and operator of such platforms to sell Commerce, International Trade Canada, to combat trafficking in physical goods to consumers located in Administration, Office of Intellectual counterfeit and pirated goods. the United States;’’ and (iii) To the extent that certain types of • Property Rights, by email to ‘‘Third-party intermediaries’’ to data are not currently available to the [email protected], telephone mean ‘‘online third-party marketplaces, Federal Government, or accessible in a number (202) 482–4146. carriers, customs brokers, payment readily usable form, recommend providers, vendors, and other parties SUPPLEMENTARY INFORMATION: Section 2 changes to the data collection practices involved in international transactions.’’ of the Presidential Memorandum of of agencies, including specification of The Secretary of Homeland Security, April 3, 2019, ‘‘Combating Trafficking in categories of data that should be in coordination with the Secretary of Counterfeit and Pirated Goods,’’ directs collected and appropriate Commerce, and in consultation with the Secretary of Homeland Security, in standardization practices for data. relevant agencies (‘‘interagency’’), is coordination with the Secretary of (iv) Identify appropriate required to deliver this report to the Commerce and in consultation with administrative, statutory, regulatory, or President by October 30, 2019. A public other agencies and offices to prepare other changes, including enhanced version of the report will be published and submit a report to the President on enforcement actions, that could in the Federal Register within 30 days the ‘‘State of Counterfeit and Pirated substantially reduce trafficking in thereafter. Goods Trafficking and counterfeit and pirated goods or In response to this directive, as part Recommendations,’’ with particular promote more effective law enforcement of its coordination in preparation of the emphasis on the role of online third- regarding trafficking in such goods. The report, the Department of Commerce is party marketplaces and other third-party report should address the practices of facilitating stakeholder outreach to intermediaries, and, consistent with counterfeiters and pirates, including better understand, inter alia: applicable law, to consult with their shipping, fulfillment, and payment • The extent to which online third- intellectual property rights holders, logistics, and assess means of mitigating party marketplaces and other third-party online third-party marketplaces and the factors that facilitate trafficking in intermediaries are used to facilitate other third-party intermediaries, and counterfeit and pirated goods. importation and sale of counterfeit and other private-sector stakeholders in (v) Identify appropriate guidance that pirated goods; preparing the report. Specifically, the agencies may provide to third-party • The existing practices of online report shall: intermediaries to help them prevent the third-party marketplaces and/or other (i) Analyze available data and other importation and sale of counterfeit and third-party intermediaries that are most information to develop a deeper pirated goods. effective in curbing importation and sale understanding of the extent to which (vi) Identify appropriate of counterfeit and pirated goods; and online third-party marketplaces and administrative, regulatory, legislative, or • Recommendations for potential other third party intermediaries are used policy changes that would enable policy, administrative, regulatory, and/ to facilitate the importation and sale of agencies, as appropriate, to more or legislative changes by the Federal counterfeit and pirated goods; identify effectively share information regarding Government that could be effective in the factors that contribute to trafficking counterfeit and pirated goods, including curbing the importation and sale of in counterfeit and pirated goods; and suspected counterfeit and pirated goods, counterfeit and pirated goods through describe any market incentives and with intellectual property rights online third-party marketplaces and/or distortions that may contribute to third- holders, consumers, and third-party enabling more effective law enforcement party intermediaries facilitating intermediaries. regarding the importation and sale of trafficking in counterfeit and pirated (vii) Evaluate the current and future such goods. goods. This review should include data resource needs of agencies and make In preparing the report, the regarding the origins of counterfeit and appropriate recommendations for more interagency already is considering

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information and recommendations trafficking in counterfeit and pirated other private-sector stakeholders and/or submitted by stakeholders in response goods. Please identify, where possible, U.S. law enforcement organizations to other U.S. Government solicitations the questions your comments are substantially reduce trafficking in for public submissions, including those intended to address. counterfeit and pirated goods and/or received in connection with USTR’s Respondents may organize their enable more effective law enforcement annual Special 301 Report on submissions in any manner, and all regarding the trafficking in such goods? intellectual property protection and responses that comply with the Review of Notorious Markets for piracy requirements listed in the DATES and 5. Are there Federal agency data and counterfeiting. For this notice, the ADDRESSES sections of this notice will be collection or standardization practices, Department particularly is seeking input considered. Reminder: Respondents or practices involving provision of data beyond that provided through those have the burden to request that any to parties, that could promote more other process. information contained in a submission effective detection, interdiction, In addition, the interagency currently be treated as ‘‘Business Confidential investigation or prosecution of is considering potential ‘‘best practices’’ Information’’ and must certify that such underlying violations of U.S. customs guidance for online third-party information is business confidential and laws and of intellectual property rights? marketplaces designed to prevent would not customarily be released to 6. What existing policies, procedures counterfeit and pirated goods from the public by the submitter. or best practices of online third-party While the Department welcomes all being offered for sale, such as: marketplaces, other third-party input considered relevant to the i. Conducting an advance vetting of intermediaries, intellectual property the potential sellers/vendors, including development of a report on the state of rights holders, and/or other private- to ensure that the goods are not being counterfeit and pirated goods trafficking sector stakeholders have been effective produced by forced labor (19 U.S.C. through online third-party marketplaces 1307; 18 U.S.C. 1589); and recommendations to combat such in curbing the importation and sale of ii. establishing and enforcing a trafficking, the Department specifically counterfeit and pirated goods, including ‘‘prohibited items’’ list of those goods seeks the following types of information those conveyed through online third- that may not be sold through the and recommendations: party marketplaces? marketplace (due to, e.g., the risks to 1. How are your interests affected by 7. What additional policies, public health and safety that would be counterfeit or pirated goods imported procedures or best practices of online posed by counterfeit or pirated versions through online third-party marketplaces third-party marketplaces, other third- of such goods and/or the high likelihood and other third-party intermediaries as party intermediaries, intellectual those terms are defined in the that such goods would be counterfeit or property rights holders, and/or other Presidential Memorandum? (Specific pirated in light of the nature of the private-sector stakeholders can be authorized distribution channels for the examples and/or data would be helpful, including on the origins of counterfeit effective in curbing the importation and legitimate versions of those goods); sale of counterfeit and pirated goods, iii. taking down listings for and pirated goods and the types of including those conveyed through counterfeit and pirated goods; counterfeit and pirated goods that are iv. notifying customers that the trafficked. Information that is not online third-party marketplaces? What marketplace has determined that the publicly available can be submitted as would it cost for industry to adopt such customer has, or may have, purchased ‘‘business confidential’’ in accordance practices? counterfeit or pirated goods, and with the instructions in the ADDRESSES 8. What policy remedies, including providing appropriate remedies to such section). administrative, regulatory, or legislative customers; and 2. What factors contribute to changes by the Federal Government v. notifying other third-party trafficking in counterfeit and pirated (including enhanced enforcement intermediaries, intellectual property goods through online third-party actions) could substantially reduce the rights holders, other stakeholders, and marketplaces or other third-party trafficking in counterfeit and pirated law enforcement that the online third- intermediaries, and what market goods and/or promote more effective incentives and distortions may party marketplace has determined that a law enforcement regarding the contribute to the use of online third- particular seller/vendor has been trafficking in such goods? Please supplying counterfeit or pirated goods. party marketplaces and other third-party intermediaries to traffic in counterfeit reference any available analyses that Request for Information and and pirated goods? shed light on the efficacy and potential Recommendations 3. Are there effective technologies, the impacts of such proposed remedies. Given the nature and import of the use of which—by the private sector and/ Dated: July 5, 2019. Presidential Memorandum, the or law enforcement agencies—could Earl Comstock, Secretary requests information and substantially reduce the sale and Director of the Office of Policy and Strategic recommendations from interested importation of counterfeit and pirated Planning, Department of Commerce. stakeholders, including but not limited goods through online third-party to: Intellectual property rights holders marketplaces and/or enable more [FR Doc. 2019–14715 Filed 7–5–19; 4:15 pm] affected by the importation and sale of effective law enforcement regarding the BILLING CODE 3510–17–P counterfeit and pirated goods through trafficking in such goods? Please online third-party marketplaces or other reference and provide copies of any third-party intermediaries; online third- available studies that demonstrate the party marketplaces and other third-party efficacy of such technologies, or any intermediaries; and other affected available data that may be used to do so. persons or entities. 4. To what degree can expanded Respondents may address any, all or collaboration and information sharing none of the following questions, and among online third-party marketplaces, may address additional related topics other third-party intermediaries, that have implications for combating the intellectual property rights holders,

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DEPARTMENT OF COMMERCE CORE to the United States constitutes complete description of the scope of the circumvention of the Taiwan CORE order, see the Preliminary Decision International Trade Administration Order. Memorandum. On August 2, 2018, Commerce [A–583–856] Scope of the Anti-Circumvention published the notice of initiation of Inquiry Certain Corrosion-Resistant Steel anti-circumvention inquiry on imports Products From Taiwan: Affirmative of CORE from Vietnam.3 For a complete This anti-circumvention inquiry Preliminary Determination of Anti- description of the events that followed covers CORE produced in Vietnam from Circumvention Inquiry on the the initiation of this inquiry, see the HRS and/or CRS substrate input Antidumping Duty Order Preliminary Decision Memorandum.4 A manufactured in Taiwan and list of topics included in the subsequently exported from Vietnam to AGENCY: Enforcement and Compliance, Preliminary Decision Memorandum is the United States (merchandise under International Trade Administration, included as Appendix I to this notice. consideration). This preliminary ruling Department of Commerce. The Preliminary Decision Memorandum applies to all shipments of merchandise SUMMARY: The Department of Commerce is a public document and is on file under consideration on or after the date (Commerce) preliminarily determines electronically via Enforcement and of initiation of this inquiry. Importers that imports of certain corrosion- Compliance’s Antidumping and and exporters of CORE produced in resistant steel products (CORE), Countervailing Duty Centralized Vietnam using: (1) HRS manufactured in produced in the Socialist Republic of Electronic Service System (ACCESS). Vietnam or third countries, (2) CRS Vietnam (Vietnam) using hot-rolled ACCESS is available to registered users manufactured in Vietnam using HRS steel (HRS) and/or cold-rolled steel at https://access.trade.gov, and to all produced in Vietnam or third countries, (CRS) flat products manufactured in parties in the Central Records Unit, or (3) CRS manufactured in third Taiwan, are circumventing the Room B8024 of the main Commerce countries, must certify that the HRS antidumping duty (AD) order on CORE building. In addition, a complete and/or CRS processed into CORE in from Taiwan. version of the Preliminary Decision Vietnam did not originate in Taiwan, as DATES: Applicable July 10, 2019. Memorandum can be accessed directly provided for in the certifications at http://enforcement.trade.gov/frn/. attached to the Federal Register notice. FOR FURTHER INFORMATION CONTACT: The signed and the electronic versions Otherwise, their merchandise may be Shanah Lee and Peter Zukowski, AD/ of the Preliminary Decision subject to antidumping duties if CVD Operations, Office III, Enforcement Memorandum are identical in content. Commerce makes an affirmative final and Compliance, International Trade Commerce exercised its discretion to determination in this inquiry. Administration, U.S. Department of toll all deadlines affected by the partial Commerce, 1401 Constitution Avenue Methodology federal government closure from NW, Washington, DC 20230; telephone: December 22, 2018 through the Commerce is conducting this anti- (202) 482–6386 and (202) 482–0189, resumption of operations on January 29, circumvention inquiry in accordance respectively. 2019.5 If the new deadline falls on a with section 781(b) of the Act. Because SUPPLEMENTARY INFORMATION: non-business day, in accordance with Vietnam is a non-market economy country, within the meaning of section Background Commerce’s practice, the deadline will become the next business day. 771(18) of the Act,6 Commerce has Certain domestic interested parties, calculated the value of certain ArcelorMittal USA LLC, California Steel Scope of the Order processing and merchandise using Industries, Nucor Corporation, Steel The products covered by this order factors of production and market- Dynamics, Inc., and United States Steel are certain flat-rolled steel products, economy values, as discussed in section Corporation (collectively, the either clad, plated, or coated with 773(c) of the Act. For a full description petitioners) filed an allegation 1 that corrosion-resistant metals such as zinc, of the methodology underlying imports of CORE from Vietnam made aluminum, or zinc-, aluminum-, nickel- Commerce’s preliminary determination, from HRS and/or CRS sourced from or iron-based alloys, whether or not see the Preliminary Decision Taiwan and exported to the United corrugated or painted, varnished, Memorandum. States as CORE from Vietnam are laminated, or coated with plastics or Preliminary Finding circumventing the Taiwan CORE other non-metallic substances in Order.2 In their allegation, the addition to the metallic coating. For a As detailed in the Preliminary petitioners requested that Commerce Decision Memorandum, we initiate an anti-circumvention inquiry 3 See Certain Corrosion-Resistant Steel Products preliminarily determine that CORE pursuant to section 781(b) of the Tariff from the Republic of Korea and Taiwan: Initiation produced in Vietnam from HRS and/or of Anti-Circumvention Inquiries on the CRS sourced from Taiwan is Act of 1930, as amended (the Act), and Antidumping Duty and Countervailing Duty Orders, 19 CFR 351.225(h), to determine 83 FR 37785 (August 2, 2018) (Initiation Notice). circumventing the Taiwan CORE Order. whether the importation of the 4 See Memorandum, ‘‘Decision Memorandum for We therefore preliminarily determine Taiwanese-origin HRS and/or CRS the Preliminary Determination in the Anti- that it is appropriate to include this substrate for completing into CORE in Circumvention Inquiry of Certain Corrosion- merchandise within the Taiwan CORE Resistant Steel Products from Taiwan,’’ dated Vietnam and subsequent sale of that concurrently with, and hereby adopted by, this Order and to instruct U.S. Customs and notice (Preliminary Decision Memorandum). Border Protection (CBP) to suspend any 1 See Petitioners’ letter, ‘‘Certain Corrosion- 5 See Memorandum to the Record from Gary Resistant Steel Products from Taiwan: Request for Taverman, Deputy Assistant Secretary for 6 See, e.g., Certain Oil Country Tubular Goods Circumvention Ruling,’’ dated June 12, 2018. Antidumping and Countervailing Duty Operations, from the Socialist Republic of Vietnam: Preliminary 2 See Certain Corrosion-Resistant Steel Products performing the non-exclusive functions and duties Results of Antidumping Duty Administrative from India, Italy, the People’s Republic of China, of the Assistant Secretary for Enforcement and Review, 81 FR 24797 (October 14, 2016) (unchanged the Republic of Korea and Taiwan: Amended Final Compliance, ‘‘Deadlines Affected by the Partial in Certain Oil Country Tubular Goods from the Affirmative Antidumping Determination for India Shutdown of the Federal Government,’’ dated Socialist Republic of Vietnam: Final Results and Taiwan, and Antidumping Duty Orders, 81 FR January 29, 2019. All deadlines in this segment Antidumping Administrative Review; 2014–2015, 48390 (July 25, 2016) (Taiwan CORE Order). have been extended by 40 days. 82 FR 18611 (April 20, 2017)).

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entries of CORE from Vietnam produced Importer Certification, the importer verification report is issued in this anti- from HRS and/or CRS from Taiwan. must also maintain a copy of the circumvention inquiry, unless the Exporter Certification (see Appendix IV) Suspension of Liquidation Secretary alters the time limit. Rebuttal and relevant supporting documentation briefs, limited to issues raised in case As stated above, Commerce has made from the exporter of CORE who did not briefs, may be submitted no later than a preliminary affirmative finding of use the Taiwanese-origin HRS and/or five days after the deadline date for case circumvention of the Taiwan CORE CRS substrate. briefs.11 Pursuant to 19 CFR Order by exports to the United States of In the situation where no certification 351.309(c)(2) and (d)(2), parties who CORE produced by any Vietnamese is provided for an entry, and AD/CVD company from Taiwanese-origin HRS submit case briefs or rebuttal briefs in orders from three countries (China, this anti-circumvention inquiry are and/or CRS inputs. In accordance with Korea, or Taiwan) potentially apply to 19 CFR 351.225(l)(2), Commerce will encouraged to submit with each that entry, Commerce intends to instruct argument: (1) A statement of the issue; direct CBP to suspend liquidation and CBP to suspend the entry and collect (2) a brief summary of the argument; to require a cash deposit of estimated cash deposits at the CORE China and (3) a table of authorities. duties on unliquidated entries of CORE Circumvention Final rates (i.e., the AD produced in Vietnam, as appropriate, rate established for the China-wide Pursuant to 19 CFR 351.310(c), that were entered, or withdrawn from entity (199.43 percent) and the CVD rate interested parties who wish to request a warehouse, for consumption on or after established for the China all-others rate hearing, limited to issues raised in the August 2, 2018, the date of initiation of (39.05 percent)).9 This is to prevent case and rebuttal briefs, must submit a the anti-circumvention inquiry. The evasion, given that the CORE China written request to the Assistant suspension of liquidation instructions Circumvention Final rates are higher Secretary for Enforcement and will remain in effect until further notice. than the AD and CVD rates established Compliance, U.S. Department of CORE produced in Vietnam from HRS for CORE from Korea and Taiwan. In the Commerce, within 30 days after the date and/or CRS that is not of Taiwanese- situation where a certification is origin is not subject to this inquiry. of publication of this notice. Requests provided for the AD/CVD orders on should contain the party’s name, Therefore, cash deposits are not CORE from China (stating that the required for such merchandise. address, and telephone number, the merchandise was not produced from number of participants, whether any However, CORE produced in Vietnam HRS and/or CRS from China), but no from HRS and/or CRS from China is participant is a foreign national, and a other certification is provided, then list of the issues to be discussed. If a subject to the AD/CVD orders on CORE Commerce intends to instruct CBP to 7 request for a hearing is made, Commerce from China, and CORE produced in suspend the entry and collect cash intends to hold the hearing at the U.S. Vietnam from HRS and/or CRS from deposits at the AD and CVD all-others Department of Commerce, 1401 Korea has preliminarily been found to rates (i.e., 8.31 percent and 1.19 percent, Constitution Avenue NW, Washington be circumventing the AD/CVD orders on respectively) applicable to the AD/CVD CORE from Korea.8 Imports of such orders on CORE from Korea.10 This is to DC 20230, at a time and date to be merchandise are also subject to prevent evasion, given that the AD and determined. Parties should confirm by certification requirements and cash CVD rates established for CORE from telephone the date, time, and location of deposits may be required. If an importer Korea are higher than the AD rate the hearing two days before the imports CORE from Vietnam and claims established for CORE from Taiwan. scheduled date. that the CORE was not produced from HRS and/or CRS substrate manufactured Verification International Trade Commission Notification in Taiwan, in order not to be subject to As provided in 19 CFR 351.307, cash deposit requirements, the importer Commerce intends to verify information Commerce, consistent with section and exporter are required to meet the relied upon in making its final 781(e) of the Act, has notified the certification and documentation determination. requirements described in Appendix II. International Trade Commission (ITC) of Exporters of CORE produced from non- Public Comment this preliminary determination to include the merchandise subject to this Taiwanese-origin HRS and/or CRS Case briefs or other written comments anti-circumvention inquiry within the substrate must prepare and maintain an may be submitted to the Assistant Taiwan CORE Order. Pursuant to Exporter Certification and Secretary for Enforcement and documentation supporting the Compliance no later than seven days section 781(e) of the Act, the ITC may Certification (see Appendix IV). In after the date on which the last final request consultations concerning addition, importers of such CORE must Commerce’s proposed inclusion of the prepare and maintain an Importer 9 See CORE China Circumvention Final, 83 FR at merchandise under consideration. If, Certification (see Appendix III) as well 23896. after consultations, the ITC believes that as documentation supporting the 10 See Certain Corrosion-Resistant Steel Flat a significant injury issue is presented by Importer Certification. Besides the Products from India, Italy, the People’s Republic of China, the Republic of Korea, and Taiwan: the proposed inclusion, it will have 60 Amended Final Affirmative Antidumping Duty days from the date of notification by 7 See Certain Corrosion-Resistant Products from Determination for India and Taiwan, and Commerce to provide written advice. the People’s Republic of China: Affirmative Final Antidumping Duty Orders, 81 FR 48390 (July 25, Determination of Circumvention of the 2016). The ‘‘all-others rate’’ was subsequently Notification to Interested Parties Antidumping Duty and Countervailing Duty Orders, amended as the result to litigation. See Certain 83 FR 23895 (May 23, 2018) (CORE China Corrosion-Resistant Steel Products from the This determination is issued and Circumvention Final). Republic of Korea: Notice of Court Decision Not in 8 See Federal Register notice, ‘‘Certain Corrosion- Harmony with Final Determination of Investigation published in accordance with section Resistant Steel Products from Republic of Korea: and Notice of Amended Final Results, 83 FR 39054 781(b) of the Act and 19 CFR 351.225(f). Affirmative Preliminary Determination of Anti- (August 8, 2018). See also Certain Corrosion- Circumvention Inquiry on the Antidumping Duty Resistant Steel Products from India, Italy, Republic and Countervailing Duty Orders,’’ and of Korea, and the People’s Republic of China: accompanying Preliminary Decision Memorandum, Countervailing Duty Order, 81 FR 48387 (July 25, 11 See 19 CFR 351.309; see also 19 CFR 351.303 dated concurrently with this notice. 2016) (collectively, Korea CORE Orders). (for general filing requirements).

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Dated: June 28, 2019. within 30 days of the Federal Register notice personal knowledge’’ refers to facts the Jeffrey I. Kessler, publication of the preliminary determination certifying party is expected to have in its own of circumvention.’’ For such entries/ records. For example, the importer should Assistant Secretary for Enforcement and shipments, importers and exporters each have ‘‘direct personal knowledge’’ of the Compliance. have the option to complete a blanket importation of the product (e.g., the name of Appendix I certification covering multiple entries/ the exporter) in its records; shipments, individual certifications for each • I have personal knowledge of the facts List of Topics Discussed in the Preliminary entry/shipment, or a combination thereof. regarding the production of the imported Decision Memorandum For shipments and/or entries on or after products covered by this certification. I. Summary July 19, 2019, for which certifications are ‘‘Personal knowledge’’ includes facts II. Background required, importers should complete the obtained from another party, (e.g., III. Scope of the Order required certification at or prior to the date correspondence received by the importer (or IV. Scope of the Anti-Circumvention Inquiry of Entry and exporters should complete the exporter) from the producer regarding the V. Period of Inquiry required certification and provide it to the source of the input used to produce the VI. Surrogate Countries and Methodology for importer at or prior to the date of shipment. imported products); Valuing Inputs from Taiwan and The importer and Vietnamese exporter are • These corrosion-resistant steel products Processing in Vietnam also required to maintain sufficient produced in Vietnam do not contain hot- VII. Statutory Framework documentation supporting their rolled steel and/or cold-rolled steel substrate VIII. Use of Facts of Available with An certifications. The importer will not be produced in Taiwan: Adverse Inference required to submit the certifications or • I understand that {INSERT NAME OF IX. Statutory Analysis supporting documentation to U.S. Customs IMPORTING COMPANY} is required to X. Country-Wide Determination and Border Protection (CBP) as part of the maintain a copy of this certification and XI. Certification for Not Using Taiwanese- entry process at this time. However, the sufficient documentation supporting this Origin HRS and/or CRS importer and the exporter will be required to certification (i.e., documents maintained in XII. Recommendation present the certifications and supporting the normal course of business, or documents documentation, to Commerce and/or CBP, as obtained by the certifying party, for example, Appendix II applicable, upon request by the respective mill certificates, productions records, Certification Requirements agency. Additionally, the claims made in the invoices, etc.) for the later of (1) a period of certifications and any supporting five years from the date of entry or (2) a If an importer imports certain corrosion- documentation are subject to verification by period of three years after the conclusion of resistant steel products (CORE) from the Commerce and/or CBP. The importer and any litigation in the United States courts Socialist Republic of Vietnam (Vietnam) and exporter are required to maintain the regarding such entries; claims that the CORE was not produced from certifications and supporting documentation • I understand that {INSERT NAME OF hot-rolled steel and/or cold-rolled steel for the later of (1) a period of five years from IMPORTING COMPANY} is required to substrate (substrate) manufactured in the date of entry or (2) a period of three years provide this certification and supporting Taiwan, the importer is required to complete after the conclusion of any litigation in records, upon request, to U.S. Customs and and maintain the importer certification United States courts regarding such entries. Border Protection (CBP) and/or the attached hereto as Appendix III and all In the situation where no certification is supporting documentation. Where the Department of Commerce (Commerce); provided for an entry, and AD/CVD orders • I understand that {INSERT NAME OF importer uses a broker to facilitate the entry from three countries (China, Korea, or } process, it should obtain the entry number IMPORTING COMPANY is required to Taiwan) potentially apply to that entry, maintain a copy of the exporter’s certification from the broker. Agents of the importer, such Commerce intends to instruct CBP to as brokers, however, are not permitted to for the later of (1) a period of five years from suspend the entry and collect cash deposits the date of entry or (2) a period of three years make this certification on behalf of the at the CORE China Circumvention Final rates importer. after the conclusion of any litigation in (i.e., the AD rate established for the China- United States courts regarding such entries; The exporter is required to complete and wide entity (199.43 percent) and the CVD • { maintain the exporter certification, attached I understand that INSERT NAME OF rate established for China all-others rate IMPORTING COMPANY} is required to as Appendix IV, and is further required to (39.05 percent)).12 In the situation where a provide the importer a copy of that maintain and provide a copy of the exporter’s certification is provided for the AD/CVD certification and supporting records, upon certification and all supporting orders on CORE from China (stating that the documentation. request, to CBP and/or Commerce; merchandise was not produced from HRS • I understand that the claims made For shipments and/or entries on or after and/or CRS from China), but no other August 2, 2018 through July 18, 2019 for herein, and the substantiating certification is provided, then Commerce documentation, are subject to verification by which certifications are required, importers intends to instruct CBP to suspend the entry and exporters should complete the required CBP and/or Commerce; and collect cash deposits at the AD and CVD • I understand that failure to maintain the certification within 30 days of the all-others rates (i.e., 8.31 percent and 1.19 publication of this notice in the Federal required certification and/or failure to percent, respectively) applicable to the AD/ substantiate the claims made herein will Register. Accordingly, where appropriate, the CVD orders on CORE from Korea. relevant bullet in the certification should be result in: edited to reflect that the certification was Appendix III Æ Suspension of liquidation of all completed within the time frame specified unliquidated entries (and entries for which above. For example, the bullet in the Importer Certification liquidation has not become final) for which importer certification that reads: ‘‘This I hereby certify that: these requirements were not met and certification was completed at or prior to the • My name is {INSERT COMPANY Æ the requirement that the importer post time of Entry,’’ could be edited as follows: OFFICIAL’S NAME HERE} and I am an applicable antidumping duty (AD) cash ‘‘The imports referenced herein entered official of {INSERT NAME OF IMPORTING deposits equal to the rates as determined by before July 19, 2019. This certification was COMPANY}; Commerce; completed on mm/dd/yyyy, within 30 days • I have direct personal knowledge of the • I understand that agents of the importer, of the Federal Register notice publication of facts regarding the importation into the such as brokers, are not permitted to make the preliminary determination of Customs territory of the United States of the this certification; circumvention.’’ Similarly, the bullet in the corrosion-resistant steel products produced • This certification was completed at or exporter certification that reads, ‘‘This in Vietnam that entered under entry prior to the time of Entry; and certification was completed at or prior to the number(s) {INSERT ENTRY NUMBER(S)} • I am aware that U.S. law (including, but time of shipment,’’ could be edited as and are covered by this certification. ‘‘Direct not limited to, 18 U.S.C. 1001) imposes follows: ‘‘The shipments/products referenced criminal sanctions on individuals who herein shipped before July 19, 2019. This 12 See CORE China Circumvention Final, 83 FR at knowingly and willfully make material false certification was completed on mm/dd/yyyy, 23896. statements to the U.S. government.

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Signature llllllllllllllll Signature llllllllllllllll significant ministerial errors in our NAME OF COMPANY OFFICIAL NAME OF COMPANY OFFICIAL preliminary determination.3 On June 5, lllllllllllllllllllll lllllllllllllllllllll 2019, Zinus (Xiamen) Inc. and Zinus TITLE TITLE (Zhangzhou) Inc., and their affiliated lllllllllllllllllllll lllllllllllllllllllll sellers and U.S. importers (collectively, DATE DATE Zinus), Healthcare Co., Ltd. and its Appendix IV [FR Doc. 2019–14695 Filed 7–9–19; 8:45 am] affiliated exporters and U.S. importers BILLING CODE 3510–DS–P (collectively, Healthcare), and Corsicana Exporter Certification Mattress Company, Elite Comfort I hereby certify that: Solutions, Future Foam Inc., FXI, Inc., • My name is {INSERT COMPANY DEPARTMENT OF COMMERCE Innocor, Inc., Kolcraft Enterprises Inc., OFFICIAL’S NAME HERE} and I am an Leggett & Platt, Incorporated, Serta official of {INSERT NAME OF EXPORTING International Trade Administration } Simmons Bedding, LLC, and Tempur COMPANY ; Sealy International, Inc. (collectively, • I have direct personal knowledge of the [A–570–092] facts regarding the production and the petitioners), submitted comments exportation of the corrosion-resistant steel Mattresses From the People’s Republic alleging significant ministerial errors in products that were sold to the United States of China: Amended Preliminary our calculation of the preliminary under invoice number(s) INSERT INVOICE Determination of Sales at Less Than margins for Healthcare and Zinus and in NUMBER(S). ‘‘Direct personal knowledge’’ Fair Value our assignment of separate rates to refers to facts the certifying party is expected certain companies.4 to have in its own books and records. For AGENCY: Enforcement and Compliance, example, an exporter should have ‘‘direct International Trade Administration, Period of Investigation personal knowledge’’ of the producer’s Department of Commerce. The period of investigation is January identity and location. SUMMARY: The Department of Commerce 1, 2018, through June 30, 2018. • These corrosion-resistant steel products (Commerce) is amending the produced in Vietnam do not contain hot- preliminary determination of the less- Scope of the Investigation rolled steel and/or cold-rolled steel substrate than-fair-value investigation of produced in Taiwan: The product covered by this • I understand that {INSERT NAME OF mattresses from the People’s Republic of investigation is mattresses from China. EXPORTING COMPANY} is required to China (China) to correct significant For a complete description of the scope maintain a copy of this certification and ministerial errors. of this investigation, see the Appendix sufficient documentation supporting this DATES: Applicable July 10, 2019. to this notice. certification (i.e., documents maintained in FOR FURTHER INFORMATION CONTACT: Analysis of Significant Ministerial the normal course of business, or documents Jonathan Hill, Lilit Astvatsatrian, or obtained by the certifying party, for example, Error Allegation Stephen Bailey, AD/CVD Operations, mill certificates, productions records, Commerce will analyze any invoices, etc.) for the later of (1) a period of Office IV, Enforcement and Compliance, five years from the date of entry or (2) a International Trade Administration, comments received and, if appropriate, period of three years after the conclusion of U.S. Department of Commerce, 1401 correct any significant ministerial error any litigation in the United States courts Constitution Avenue NW, Washington, by amending the preliminary regarding such entries; DC 20230; telephone: (202) 482–3518, determination according to 19 CFR • I understand that {INSERT NAME OF (202) 482–6412, or (202) 482–0193, 351.224(e). A ministerial error is } EXPORTING COMPANY must provide this respectively. defined in 19 CFR 351.224(f) as ‘‘an Exporter Certification to the U.S. importer by error in addition, subtraction, or other the time of shipment; SUPPLEMENTARY INFORMATION: • { arithmetic function, clerical error I understand that INSERT NAME OF Background resulting from inaccurate copying, EXPORTING COMPANY} is required to provide a copy of this certification and On June 4, 2019, Commerce published duplication, or the like, and any other supporting records, upon request, to U.S. its notice of preliminary determination similar type of unintentional error Customs and Border Protection (CBP) and/or in the antidumping duty investigation of which the Secretary considers 5 the Department of Commerce (Commerce); mattresses from China.1 On May 30, ministerial.’’ A significant ministerial • I understand that the claims made 2019, Foshan City Shunde Haozuan error is defined as a ministerial error, herein, and the substantiating documentation Furniture Co., Ltd. (Foshan Haozuan) are subject to verification by CBP and/or 3 submitted comments alleging significant See letter from Nova, ‘‘Mattresses from People’s Commerce; Republic of China: Omission from Notice of • I understand that failure to maintain the ministerial errors in our preliminary Preliminary Determination,’’ dated May 31, 2019 required certification and/or failure to determination.2 On May 31, 2019, (Nova’s ME Allegation); see letter from Suilong, substantiate the claims made herein will Jiashan Nova Co., Ltd. (Nova) and ‘‘Mattresses from People’s Republic of China: result in: Foshan Suilong Furniture Co., Ltd. Omission from Notice of Preliminary Æ Suspension of all unliquidated entries Determination,’’ dated May 31, 2019 (Suilong’s ME (Suilong) submitted comments alleging Allegation). (and entries for which liquidation has not 4 See letter from Zinus, ‘‘Mattresses from the become final) for which these requirements 1 See Mattresses from the People’s Republic of People’s Republic of China: Ministerial Error were not met and China: Preliminary Determination of Sales at Less Allegation,’’ dated June 5, 2019 (Zinus’ ME Æ the requirement that the importer post Than Fair Value, Postponement of Final Allegation); see letter from Healthcare, ‘‘Mattresses applicable antidumping duty (AD) cash Determination and Affirmative Preliminary from People’s Republic of China: Ministerial Error deposits equal to the rates as determined by Determination of Critical Circumstances, 84 FR Comments for the Preliminary Determination,’’ Commerce; 25732 (June 4, 2019) (Preliminary Determination) dated June 5, 2019 (Healthcare’s ME Allegation); see • This certification was completed at or and the accompanying Preliminary Decision also letter from the petitioners, ‘‘Mattresses from the prior to the time of shipment; Memorandum. People’s Republic of China: Mattress Petitioners’ 2 Request for Correction of a Significant Ministerial • I am aware that U.S. law (including, but See letter from Foshan Haozuan, ‘‘Antidumping Duty Investigation of Mattresses from the People’s Error in the Preliminary Determination Margin not limited to, 18 U.S.C. 1001) imposes Republic of China: Ministerial Error Comments and Calculation of Healthcare,’’ dated June 5, 2019 (the criminal sanctions on individuals who Request to Immediately Correct Federal Register petitioners’ ME Allegation). knowingly and willfully make material false Notice Prior to Publication,’’ dated May 30, 2019 5 See also section 735(e) of the Tariff Act of 1930, statements to the U.S. government. (Foshan Haozuan’s ME Allegation). as amended (the Act).

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the correction of which, singly or in Specifically, the combined impact of the dumping margin to 81.31 percent for combination with other errors, would ministerial errors represent a change of each non-examined respondent that result in: (1) A change of at least five less than 25 percent of the margin preliminarily received a separate rate.12 absolute percentage points in, but not calculated in the Preliminary Additionally, in the Preliminary less than 25 percent of, the antidumping Determination. Concerning Healthcare, Determination, under the section duty rate calculated in the original Commerce finds that the petitioners’ entitled ‘‘Preliminary Determination,’’ preliminary determination; or (2) a claimed error is a significant ministerial we inadvertently did not identify difference between an antidumping error within the meaning of 19 CFR Foshan Haozuan, Nova, and Suilong as duty rate of zero or de minimis and an 351.224(g), because Healthcare’s having received a separate rate. Also, antidumping duty rate of greater than de weighted-average dumping margin 6 Commerce incorrectly spelled Shanghai minimis or vice versa. increases from 38.56 to 69.30 9 percent Glory Home Furnishings Co., Ltd. Amended Preliminary Determination as a result of correcting this ministerial Further, Commerce inadvertently listed Pursuant to 19 CFR 351.224(e) and error, which exceeds the specified Healthcare Sleep Products Limited as (g)(1), Commerce is amending the threshold, i.e., a change of at least five the producer of Healthcare Sleep Preliminary Determination to reflect the absolute percentage points in, but not Products Limited’s exports while, in correction of seven ministerial errors less than 25 percent of, the dumping fact, Healthcare Co. Ltd. is the producer made in the calculation of the estimated margin calculated in the original in this exporter/producer combination. weighted-average dumping margin for Preliminary Determination. Further, in Finally, Commerce inadvertently listed Healthcare,7 the assignment of separate the Preliminary Determination, Luen Tai Global Limited as the producer rates for certain companies explained Commerce calculated a weighted- of Luen Tai Global Limited’s exports below, and the correction to the China- average of the dumping margins of while, in fact, Shenzhen L&T Industrial wide rate based on a typographical Healthcare and Zinus,10 and assigned Co., Ltd. is the producer in this error. Regarding Zinus, although this rate to the non-examined exporter/producer combination. Commerce finds that two of its three respondents that preliminarily received Commerce preliminarily determines claimed errors are ministerial in nature, a separate rate.11 Accordingly, as part of that the following estimated weighted- as defined by 19 CFR 351.224(f), the this amended preliminary average dumping margins exist for the ministerial errors are not ‘‘significant’’ determination, Commerce will amend following exporter-producer in accordance with 19 CFR 351.224(g).8 the estimated weighted-average combinations:

Estimated weighted- average Exporter Producer dumping margin (percent)

Zinus (Xiamen) Inc ...... Zinus (Xiamen) Inc ...... 84.64 Healthcare Co., Ltd ...... Healthcare Co., Ltd ...... 69.30 Foshan City Shunde Haozuan Furniture Co., Ltd ...... Foshan City Shunde Haozuan Furniture Co., Ltd ...... 81.31 Jiashan Nova Co., Ltd ...... Jiashan Nova Co., Ltd ...... 81.31 Foshan Suilong Furniture Co. Ltd ...... Foshan Suilong Furniture Co. Ltd ...... 81.31 Healthcare Sleep Products Limited ...... Healthcare Co. Ltd ...... 81.31 Luen Tai Global Limited ...... Shenzhen L&T Industrial Co., Ltd ...... 81.31 Dockter China Limited ...... Healthcare Co., Ltd ...... 81.31 Dockter China Limited ...... Huizhou Lemeijia Household Products Co., Ltd. (a.k.a. Better 81.31 Zs, Ltd.). Dockter China Limited ...... Dongguan Beijianing Household Products Co., Ltd. (a.k.a. 81.31 Better Zs, Ltd.). Foshan Chiland Furniture Co., Ltd ...... Foshan Chiland Furniture Co., Ltd ...... 81.31 Foshan City Jinxingma Furniture Manufacture Co., Ltd ...... Foshan City Jinxingma Furniture Manufacture Co., Ltd ...... 81.31 Foshan City Kewei Furniture Co., Ltd ...... Foshan City Kewei Furniture Co., Ltd ...... 81.31 Foshan EON Technology Industry Co., Ltd ...... Foshan EON Technology Industry Co., Ltd ...... 81.31 Foshan Mengruo Household Furniture Co., Ltd ...... Foshan Mengruo Household Furniture Co., Ltd ...... 81.31 Foshan Qisheng Sponge Co., Ltd ...... Foshan Qisheng Sponge Co., Ltd ...... 81.31 Foshan Ruixin Non Woven Co., Ltd ...... Foshan Ruixin Non Woven Co., Ltd ...... 81.31 Foshan Ziranbao Furniture Co., Ltd ...... Foshan Ziranbao Furniture Co., Ltd ...... 81.31 Guangdong Diglant Furniture Industrial Co., Ltd ...... Guangdong Diglant Furniture Industrial Co., Ltd ...... 81.31 Hong Kong Gesin Technology Limited ...... Inno Sports Co., Ltd ...... 81.31 lnno Sports Co., Ltd ...... lnno Sports Co., Ltd ...... 81.31 Jiangsu Wellcare Household Articles Co., Ltd ...... Jiangsu Wellcare Household Articles Co., Ltd ...... 81.31 Jiaxing Taien Springs Co., Ltd ...... Jiaxing Taien Springs Co., Ltd ...... 81.31 Jiaxing Visco Foam Co., Ltd ...... Jiaxing Visco Foam Co., Ltd ...... 81.31 Jinlongheng Furniture Co., Ltd ...... Jinlongheng Furniture Co., Ltd ...... 81.31 Luen Tai Group (China) Limited ...... Shenzhen L&T Industrial Co., Ltd ...... 81.31

6 See 19 CFR 351.224(g). 9 See Memorandum, ‘‘Analysis for the Amended 12 As a result of the change to Healthcare’s 7 See Memorandum, ‘‘Less-Than-Fair-Value Preliminary Determination of the Less-Than-Fair- preliminary margin the separate rate for non- Investigation of Mattresses from the People’s Value Investigation of Mattresses from the People’s selected companies also changed. See Republic of China: Allegation of Ministerial Errors Republic of China for Healthcare Co., Ltd.,’’ dated Memorandum, ‘‘Calculation of the Rate for Separate concurrently with this notice. in the Preliminary Determination,’’ dated Rate Respondents,’’ dated July 5, 2019. concurrently with this notice (Ministerial Error 10 See Memorandum, ‘‘Calculation of the Rate for Memorandum). Separate Rate Respondents,’’ dated May 28, 2019. 8 See Ministerial Error Memorandum. 11 See Preliminary Determination, 84 FR at 25733.

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Estimated weighted- average Exporter Producer dumping margin (percent)

Man Wah Furniture Manufacturing (Hui Zhou) Co., Ltd., Man Man Wah Household Industry (Huizhou) Co., Ltd ...... 81.31 Wah (MACAO Commercial Offshore), Ltd. and Man Wah (USA), Inc. Ningbo Megafeat Bedding Co., Ltd ...... Ningbo Megafeat Bedding Co., Ltd ...... 81.31 Ningbo Shuibishen Home Textile Technology Co., Ltd ...... Ningbo Shuibishen Home Textile Technology Co., Ltd ...... 81.31 Nisco Co., Ltd ...... Healthcare Co., Ltd ...... 81.31 Quanzhou Hengang Imp. & Exp. Co., Ltd ...... Quanzhou Hengang Industries Co., Ltd ...... 81.31 Shanghai Glory Home Furnishings Co., Ltd ...... Shanghai Glory Home Furnishings Co., Ltd ...... 81.31 Sinomax Macao Commercial Offshore Limited ...... Dongguan Sinohome Limited ...... 81.31 Sinomax Macao Commercial Offshore Limited ...... Sinomax (Zhejiang) Polyurethane Technology Ltd ...... 81.31 Wings Developing Co., Limited ...... Quanzhou Hengang Industries Co., Ltd ...... 81.31 Xianghe Kaneman Furniture Co., Ltd ...... Xianghe Kaneman Furniture Co., Ltd ...... 81.31 Xilinmen Furniture Co., Ltd ...... Xilinmen Furniture Co., Ltd ...... 81.31 Zhejiang Glory Home Furnishings Co., Ltd ...... Zhejiang Glory Home Furnishings Co., Ltd ...... 81.31 China-wide Entity ...... China-wide Entity ...... 1,731.75

Amended Cash Deposits and International Trade Commission mattresses are typically described as ‘‘crib,’’ Suspension of Liquidation Notification ‘‘toddler,’’ or ‘‘youth’’ mattresses. All adult and youth mattresses are included regardless The collection of cash deposits and In accordance with section 733(f) of of actual size description. suspension of liquidation will be the Act, we will notify the International The scope encompasses all types of Trade Commission of our amended ‘‘innerspring mattresses,’’ ‘‘non-innerspring revised according to the rates calculated preliminary determination. mattresses,’’ and ‘‘hybrid mattresses.’’ in this amended preliminary ‘‘Innerspring mattresses’’ contain determination. Because Healthcare’s Notification to Interested Parties innersprings, a series of metal springs joined amended rate and the consequent This amended preliminary together in sizes that correspond to the amended separate rate for non-selected determination is issued and published dimensions of mattresses. Mattresses that companies result in increased cash pursuant to sections 733(f) and 777(i) of contain innersprings are referred to as ‘‘innerspring mattresses’’ or ‘‘hybrid deposits, these amended rates will be the Act and 19 CFR 351.224(e). effective on the publication date of this mattresses.’’ ‘‘Hybrid mattresses’’ contain two Dated: July 3, 2019. or more support systems as the core, such as amended preliminary determination. As James Maeder, layers of both memory foam and innerspring Commerce preliminarily found that units. Deputy Assistant Secretary for Antidumping critical circumstances exist for imports ‘‘Non-innerspring mattresses’’ are those and Countervailing Duty Operations. of subject merchandise from the non- that do not contain any innerspring units. examined respondents that Appendix They are generally produced from foams (e.g., polyurethane, memory (viscoelastic), preliminarily received a separate rate, Scope of the Investigation and the China-wide entity,13 the latex foam, gel-infused viscoelastic (gel foam), thermobonded polyester, amended rate for these entities will be The scope of this investigation covers all types of youth and adult mattresses. The term polyethylene) or other resilient filling. effective on the publication date of this ‘‘mattress’’ denotes an assembly of materials Mattresses covered by the scope of this amended preliminary determination. that at a minimum includes a ‘‘core,’’ which investigation may be imported Entities subject to critical circumstances provides the main support system of the independently, as part of furniture or in the Preliminary Determination (i.e., mattress, and may consist of innersprings, furniture mechanisms (e.g., convertible sofa separate rate companies and the China- foam, other resilient filling, or a combination bed mattresses, sofa bed mattresses imported wide entity) will continue to be subject of these materials. Mattresses may also with sofa bed mechanisms, corner group mattresses, day-bed mattresses, roll-away bed to a rate of 74.65 percent effective contain (1) ‘‘upholstery,’’ the material between the core and the top panel of the mattresses, high risers, trundle bed March 6, 2019, i.e., 90 days before the ticking on a single-sided mattress, or between mattresses, crib mattresses), or as part of a set publication of the Preliminary the core and the top and bottom panel of the in combination with a ‘‘mattress foundation.’’ Determination, until the effective date of ticking on a double-sided mattress; and/or (2) ‘‘Mattress foundations’’ are any base or this amended preliminary ‘‘ticking,’’ the outermost layer of fabric or support for a mattress. Mattress foundations determination. Parties will be notified of other material (e.g., vinyl) that encloses the are commonly referred to as ‘‘foundations,’’ this determination, in accordance with core and any upholstery, also known as a ‘‘boxsprings,’’ ‘‘platforms,’’ and/or ‘‘bases.’’ section 733(d) and (f) of the Act. cover. Bases can be static, foldable, or adjustable. The scope of this investigation is restricted Only the mattress is covered by the scope if Disclosure to only ‘‘adult mattresses’’ and ‘‘youth imported as part of furniture, with furniture mattresses.’’ ‘‘Adult mattresses’’ have a width mechanisms, or as part of a set in We intend to disclose the calculations exceeding 35 inches, a length exceeding 72 combination with a mattress foundation. performed to parties in this proceeding inches, and a depth exceeding 3 inches on a Excluded from the scope of this within five days after public nominal basis. Such mattresses are frequently investigation are ‘‘futon’’ mattresses. A ‘‘futon’’ is a bi-fold frame made of wood, announcement of the amended described as ‘‘twin,’’ ‘‘extra-long twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California king’’ metal, or plastic material, or any combination preliminary determination, in mattresses. ‘‘Youth mattresses’’ have a width thereof, that functions as both seating accordance with 19 CFR 351.224. exceeding 27 inches, a length exceeding 51 furniture (such as a couch, love seat, or sofa) inches, and a depth exceeding 1 inch (crib and a bed. A ‘‘futon mattress’’ is a tufted 13 See Preliminary Determination, 84 FR at 25732 mattresses have a depth of 6 inches or less mattress, where the top covering is secured and Preliminary Decision Memorandum, at 4–5. from edge to edge) on a nominal basis. Such to the bottom with thread that goes

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completely through the mattress from the top (202) 482–3693 or (202) 482–3342, Results. Pursuant to 19 CFR 351.224(e), through to the bottom, and it does not respectively. Commerce is amending the Final contain innersprings or foam. A futon SUPPLEMENTARY INFORMATION: Results to reflect the correction of this mattress is both the bed and seating surface ministerial error. Specifically, we have for the futon. Background Also excluded from the scope are airbeds now revised the calculation to include 6 (including inflatable mattresses) and On May 28, 2019, Commerce issued Prolamsa’s correct U.S. quantity. This waterbeds, which consist of air- or liquid- the final results of the first correction changes the cash deposit rate filled bladders as the core or main support administrative review of the AD order for the non-individually-examined system of the mattress. on HWR from Mexico.1 Also on this companies from 5.88 percent to 6.13 Further, also excluded from the scope of date, Atlas Tube, a division of Zekelman percent.7 For a detailed discussion of this investigation are any products covered Industries, and Searing Industries this ministerial error, as well as by the existing antidumping duty order on (collectively, the domestic producers), Commerce’s analysis, see Ministerial uncovered innerspring units. See Uncovered submitted comments alleging a Error Memorandum.8 Innerspring Units from the People’s Republic of China: Notice of Antidumping Duty Order, ministerial error in Commerce’s Final 2 Amended Final Results of the Review 74 FR 7661 (February 19, 2009). Results. We are assigning the following Additionally, also excluded from the scope Legal Framework of this investigation are ‘‘mattress toppers.’’ weighted-average dumping margins to A ‘‘mattress topper’’ is a removable bedding A ministerial error, as defined in the firms listed below for the period accessory that supplements a mattress by section 751(h) of the Tariff Act of 1930, March 1, 2016 through August 31, 2017: providing an additional layer that is placed as amended (the Act), includes ‘‘errors on top of a mattress. Excluded mattress in addition, subtraction, or other Weighted- toppers have a height of four inches or less. arithmetic function, clerical errors average Exporter/producer dumping The products subject to this investigation resulting from inaccurate copying, are currently properly classifiable under margin duplication, or the like, and any other 9 Harmonized Tariff Schedule for the United (percent) States (HTSUS) subheadings: 9404.21.0010, type of unintentional error which the Maquilacero S.A. de C.V ...... 1.43 9404.21.0013, 9404.29.1005, 9404.29.1013, administering authority considers 3 Productos Laminados de 9404.29.9085, and 9404.29.9087. Products ministerial.’’ With respect to final Monterrey S.A. de C.V ...... 8.09 subject to this investigation may also enter results of administrative reviews, 19 under HTSUS subheadings: 9404.21.0095, CFR 351.224(e) provides that Commerce 9404.29.1095, 9404.29.9095, 9401.40.0000, ‘‘will analyze any comments received Review-Specific Average Rate and 9401.90.5081. Although the HTSUS and, if appropriate, correct any Applicable to the Following 10 subheadings are provided for convenience ministerial error by amending . . . the Companies: and customs purposes, the written final results of review. . . .’’ description of the merchandise subject to this Weighted- investigation is dispositive. Ministerial Errors average Exporter/producer dumping [FR Doc. 2019–14689 Filed 7–9–19; 8:45 am] Commerce committed an inadvertent margin BILLING CODE 3510–DS–P error within the meaning of section (percent) 735(e) of the Act and 19 CFR 351.224(f) 4 with respect to the cash Arco Metal S.A. de C.V ...... 6.13 DEPARTMENT OF COMMERCE Forza Steel S.A. de C.V ...... 6.13 deposit rate assigned to the companies Industrias Monterrey, S.A. de International Trade Administration not selected for individual examination. C.V ...... 6.13 In the Final Results, we stated our Perfiles y Herrajes LM S.A. de intention to base this calculation on the C.V ...... 6.13 [A–201–847] average of the margins calculated for PYTCO S.A. de C.V ...... 6.13 Heavy Walled Rectangular Welded Maquilacero S.A. de C.V. (Maquilacero) Regiomontana de Perfiles y and Productos Laminados de Monterrey Tubos S.A. de C.V ...... 6.13 Carbon Steel Pipes and Tubes From Ternium S.A. de C.V ...... 6.13 Mexico: Amended Final Results of S.A. de C.V. (Prolamsa), weighted by their publicly-ranged sales quantities.5 Tuberia Nacional S.A. de C.V .... (*) Antidumping Duty Administrative Tuberia Procarsa S.A. de C.V .... 6.13 Review; 2016–2017 However, we did not rely on Prolamsa’s most recently-submitted publicly- * No shipments or sales subject to this AGENCY: Enforcement and Compliance, ranged sales quantity. Accordingly, we review. International Trade Administration, have determined, in accordance with Department of Commerce. section 751(h) of the Act and 19 CFR 6 See Final Results Average Rate Memo. 7 SUMMARY: The Department of Commerce 351.224(f), that an unintentional See Memorandum, ‘‘Amended Calculation of ministerial error was made in the Final the Cash Deposit Rate for Non-Reviewed (Commerce) is amending the final Companies,’’ dated concurrently with this notice results of the administrative review of (Amended Final Results Review-Specific Average the antidumping duty (AD) order on 1 See Heavy Walled Rectangular Welded Carbon Rate Memo). heavy walled rectangular welded carbon Steel Pipes and Tubes from Mexico: Final Results 8 See Memorandum, ‘‘Antidumping Duty of Antidumping Duty Administrative Review and Administrative Review of Heavy Walled steel pipes and tubes (HWR) from Final Determination of No Shipments; 2016–2017, Rectangular Welded Carbon Steel Pipes and Tubes Mexico to correct a ministerial error. 84 FR 24473 (May 28, 2019) (Final Results). from Mexico; 2016–2017: Ministerial Error 2 DATES: Applicable July 10, 2019. See Domestic Producers’ letter, ‘‘Heavy Walled Memorandum,’’ dated concurrently with this notice Rectangular Welded Carbon Steel Pipes and Tubes (Ministerial Error Memorandum). FOR FURTHER INFORMATION CONTACT: from Mexico: Ministerial Error Comments,’’ dated 9 We note that Maquilacero’s and Prolamsa’s David Crespo or Jacob Garten, AD/CVD May 28, 2019. margins remain unchanged from the Final Results. Operations, Office II, Enforcement and 3 See 19 CFR 351.224(f). 10 See Amended Final Results Review-Specific Compliance, International Trade 4 Id. Average Rate Memo. This rate is based on the rates 5 See Memorandum, ‘‘Calculation of the Cash for the respondents that were selected for Administration, U.S. Department of Deposit Rate for Non-Reviewed Companies,’’ dated individual review, excluding rates that are zero, de Commerce, 1401 Constitution Avenue May 20, 2019 (Final Results Average Rate Memo); minimis, or based entirely on facts available. See NW, Washington, DC 20230; telephone: and Final Results, 84 FR at 24474. section 735(c)(5)(A) of the Act.

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Disclosure for future deposits of estimated duties, Administrative Protective Order where applicable.13 We intend to disclose the calculation This notice serves as a reminder to We intend to issue liquidation performed for these amended final parties subject to administrative instructions to CBP 41 days after results in accordance with 19 CFR protective order (APO) of their publication of the final results of this 351.224(b). responsibility concerning the administrative review. disposition of proprietary information Antidumping Duty Assessment Cash Deposit Requirements disclosed under APO in accordance with 19 CFR 351.305(a)(3), which Pursuant to section 751(a)(2)(C) of the The following cash deposit continues to govern business Act, and 19 CFR 351.212(b)(1), requirements will be effective proprietary information in this segment Commerce has determined, and U.S. retroactively, as appropriate, for all of the proceeding. Timely written Customs and Border Protection (CBP) shipments of subject merchandise notification of return/destruction of shall assess, antidumping duties on all entered, or withdrawn from warehouse, APO materials or conversion to judicial appropriate entries of subject for consumption on or after the May 28, protective order is hereby requested. merchandise in accordance with the 2019, the date of publication of the Failure to comply with the regulations amended final results of this review. Final Results of this administrative and terms of an APO is a sanctionable Pursuant to 19 CFR 351.212(b)(1), review, as provided for by section violation. where Maquilacero and Prolamsa 751(a)(2)(C) of the Act: (1) The cash Notification to Interested Parties reported the entered value of their U.S. deposit rate for each specific company sales, we calculated importer-specific listed above will be that established in These amended final results and ad valorem duty assessment rates based the amended final results, except if the notice are issued and published in on the ratio of the total amount of rate is less than 0.50 percent and, accordance with sections 751(h) and dumping calculated for the examined therefore, de minimis within the 777(i) of the Act and 19 CFR 351.224(e). sales to the total entered value of the meaning of 19 CFR 351.106(c)(1), in Dated: July 1, 2019. sales for which entered value was which case the cash deposit rate will be Jeffrey I. Kessler, reported. Where the respondents did not zero; (2) for previously reviewed or Assistant Secretary for Enforcement and report entered value, we calculated the investigated companies, including those Compliance. entered value in order to calculate the for which Commerce may have [FR Doc. 2019–14688 Filed 7–9–19; 8:45 am] assessment rate. Where either the determined they had no shipments BILLING CODE 3510–DS–P respondent’s weighted-average dumping during the POR, the cash deposit rate margin is zero or de minimis within the will continue to be the company- meaning of 19 CFR 351.106(c)(1), or an specific rate published for the most DEPARTMENT OF COMMERCE importer-specific rate is zero or de recently completed segment of this minimis, we will instruct CBP to proceeding; (3) if the exporter is not a International Trade Administration liquidate the appropriate entries firm covered in this review or another [A–580–878; C–580–879] without regard to antidumping duties. completed segment of this proceeding, In addition, for entries of subject but the manufacturer is, then the cash Certain Corrosion-Resistant Steel merchandise during the period of deposit rate will be the rate established Products From Republic of Korea: review (POR) produced by Maquilacero for the most recently completed segment Affirmative Preliminary Determination or Prolamsa for which the respondent of this proceeding for the manufacturer of Anti-Circumvention Inquiries on the did not know its merchandise was of the merchandise; and (4) if neither Antidumping Duty and Countervailing destined for the United States, we will the exporter nor the manufacturer is a Duty Orders instruct CBP to liquidate unreviewed firm covered in this or any previously AGENCY: entries at the all-others rate if there is no completed segment of this proceeding, Enforcement and Compliance, rate for the intermediate company or then the cash deposit rate will be the International Trade Administration, companies involved in the transaction. all-others rate of 4.91 percent Department of Commerce. The all-others rate is 4.91 percent.11 We established in the less-than-fair-value SUMMARY: The Department of Commerce will also instruct CBP to take into investigation.14 These deposit (Commerce) preliminarily determines account the ‘‘provisional measures cap’’ requirements, when imposed, shall that imports of certain corrosion- in accordance with 19 CFR 351.212(d). remain in effect until further notice. resistant steel products (CORE), produced in the Socialist Republic of For the companies which were not Notification to Importers Vietnam (Vietnam) using hot-rolled selected for individual review, we will This notice serves as a final reminder steel (HRS) and/or cold-rolled steel assign an assessment rate based on the (CRS) flat products manufactured in the average 12 of the cash deposit rates to importers of their responsibility under 19 CFR 351.402(f)(2) to file a Republic of Korea (Korea), are calculated for Maquilacero and circumventing the antidumping duty Prolamsa. The amended final results of certificate regarding the reimbursement of antidumping duties prior to (AD) and countervailing duty (CVD) this review shall be the basis for the orders on CORE from Korea. assessment of antidumping duties on liquidation of the relevant entries DATES: entries of merchandise covered by the during this review period. Failure to Applicable July 10, 2019. amended final results of this review and comply with this requirement could FOR FURTHER INFORMATION CONTACT: result in the Secretary’s presumption Chien-Min Yang, AD/CVD Operations, Office VII, Enforcement and 11 See Heavy Walled Rectangular Welded Carbon that reimbursement of antidumping Steel Pipes and Tubes from the Republic of Korea, duties occurred and the subsequent Compliance, International Trade Mexico, and the Republic of Turkey: Antidumping assessment of doubled antidumping Administration, U.S. Department of Duty Orders, 81 FR 62865, 62866 (September 13, duties. Commerce, 1401 Constitution Avenue 2016) (AD Orders). We note that the Final Results NW, Washington, DC 20230; telephone: contained an incorrect all-others rate. 12 This rate was calculated as discussed in 13 See section 751(a)(2)(C) of the Act. (202) 482–5484. footnote 10, above. 14 See AD Orders. SUPPLEMENTARY INFORMATION:

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Background list of topics included in the produced in Vietnam or third countries, Certain domestic interested parties, Preliminary Decision Memorandum is or (3) CRS manufactured in third ArcelorMittal USA LLC, Nucor included as Appendix I to this notice. countries, must certify that the HRS or Corporation, United States Steel The Preliminary Decision Memorandum CRS processed into CORE in Vietnam Corporation, Steel Dynamics, Inc. and is a public document and is on file did not originate in Korea, as provided California Steel Industries (collectively, electronically via Enforcement and for in the certifications attached to this the petitioners) filed an allegation 1 that Compliance’s Antidumping and Federal Register notice. Otherwise, imports of CORE from Vietnam made Countervailing Duty Centralized their merchandise may be subject to from HRS and/or CRS sourced from the Electronic Service System (ACCESS). antidumping and countervailing duties Korea and exported to the United States ACCESS is available to registered users if Commerce makes affirmative final as CORE from Vietnam are at https://access.trade.gov, and to all determination in these inquiries. parties in the Central Records Unit, circumventing the Korea CORE Orders.2 Methodology In their allegation, the petitioners Room B8024 of the main Commerce Commerce is conducting these anti- requested that Commerce initiate anti- building. In addition, a complete circumvention inquiries in accordance circumvention inquiries pursuant to version of the Preliminary Decision with section 781(b) of the Act. Because section 781(b) of the Tariff Act of 1930, Memorandum can be accessed directly certain interested parties did not as amended (the Act), and 19 CFR at http://enforcement.trade.gov/frn/. cooperate to the best of their abilities in 351.225(h), to determine whether the The signed and the electronic versions responding to Commerce’s requests for importation of the Korean-origin HRS or of the Preliminary Decision information, we have based parts of our CRS substrate for completing into CORE Memorandum are identical in content. preliminary determination on the facts in Vietnam and subsequent sale of that Commerce exercised its discretion to CORE to the United States constitutes toll all deadlines affected by the partial available, with adverse inferences, circumvention of the Korea CORE federal government closure from pursuant to sections 776(a) and (b) of Orders. In their allegation, the December 22, 2018 through the the Act. For a full description of the resumption of operations on January 29, methodology underlying Commerce’s petitioners requested Commerce initiate 5 anti-circumvention inquiries pursuant 2019. If the new deadline falls on a preliminary determination, see the to section 781(b) of the Act and 19 CFR non-business day, in accordance with Preliminary Decision Memorandum. Commerce’s practice, the deadline will 351.225(h), to determine whether the Preliminary Finding become the next business day. importation of the Korean-origin HRS or As detailed in the Preliminary CRS substrate for completion into CORE Scope of the Orders Decision Memorandum, we in Vietnam and subsequent sale of that The products covered by these orders preliminarily determine that CORE CORE to the United States constitutes are certain flat-rolled steel products, produced in Vietnam from HRS and/or circumvention of the Korea CORE either clad, plated, or coated with CRS sourced from Korea is Orders. corrosion-resistant metals such as zinc, On August 2, 2018, Commerce circumventing the Korea CORE Orders. aluminum, or zinc-, aluminum-, nickel- published the notice of initiation of We therefore preliminarily determine or iron-based alloys, whether or not anti-circumvention inquiries on imports that it is appropriate to include this corrugated or painted, varnished, of CORE from Vietnam.3 For a complete merchandise within the Korea CORE laminated, or coated with plastics or description of the events that followed Orders and to instruct U.S. Customs and other non-metallic substances in the initiation of these inquiries, see the Border Protection (CBP) to suspend any addition to the metallic coating. For a Preliminary Decision Memorandum.4 A entries of CORE from Vietnam produced complete description of the scope of the from HRS and/or CRS from Korea. orders, see the Preliminary Decision 1 See Petitioners’ letter, ‘‘Certain Corrosion- Suspension of Liquidation Resistant Steel Products from Korea: Request for Memorandum. As stated above, Commerce has made Circumvention Ruling,’’ dated June 12, 2018 Scope of the Anti-Circumvention (Circumvention Ruling Request). a preliminary affirmative finding of 2 Inquiries See Certain Corrosion-Resistant Steel Flat circumvention of the Korea CORE Products from India, Italy, the People’s Republic of These anti-circumvention inquiries China, the Republic of Korea, and Taiwan: Orders by exports to the United States Amended Final Affirmative Antidumping Duty cover CORE produced in Vietnam from of CORE produced by any Vietnamese Determination for India and Taiwan, and HRS or CRS substrate input company from Korean-origin HRS and/ Antidumping Duty Orders, 81 FR 48390 (July 25, manufactured in Korea and or CRS input. In accordance with 19 2016). The ‘‘all others rate’’ was subsequently amended as the result of litigation. See Certain subsequently exported from Vietnam to CFR 351.225(1)(2), Commerce will Corrosion-Resistant Steel Products from the the United States (merchandise under direct CBP to suspend liquidation and Republic of Korea: Notice of Court Decision Not in consideration). This preliminary ruling to require a cash deposit of estimated Harmony with Final Determination of Investigation applies to all shipments of merchandise and Notice of Amended Final Results, 83 FR 39054 duties on unliquidated entries of CORE (August 8, 2018); see also Certain Corrosion- under consideration on or after the date produced in Vietnam, as appropriate, Resistant Steel Products from India, Italy, Republic of initiation of these inquiries. Importers that were entered, or withdrawn from of Korea, and the People’s Republic of China: and exporters of CORE produced in warehouse, for consumption on or after Countervailing Duty Order, 81 FR 48387 (July 25, Vietnam using (1) HRS manufactured in August 2, 2018, the date of initiation of 2016) (collectively, Korea CORE Orders). Vietnam or third countries, (2) CRS 3 See Certain Corrosion-Resistant Steel Products the anti-circumvention inquiries. The from the Republic of Korea and Taiwan: Initiation manufactured in Vietnam using HRS suspension of liquidation instructions of Anti-Circumvention Inquiries on the will remain in effect until further notice. Antidumping Duty and Countervailing Duty Orders, 5 See Memorandum to the Record from Gary CORE produced in Vietnam from HRS 83 FR 37785 (August 2, 2018) (Initiation Notice). Taverman, Deputy Assistant Secretary for 4 See Memorandum, ‘‘Decision Memorandum for Antidumping and Countervailing Duty Operations, and/or CRS that is not of Korean origin the Preliminary Determination in the Anti- performing the non-exclusive functions and duties is not subject to these inquiries. Circumvention Inquiry of Certain Corrosion- of the Assistant Secretary for Enforcement and Therefore, cash deposits pursuant to the Resistant Steel Products from the Republic of Compliance, ‘‘Deadlines Affected by the Partial Korea CORE Orders are not required for Korea,’’ dated concurrently with, and hereby Shutdown of the Federal Government,’’ dated adopted by, this notice (Preliminary Decision January 29, 2019. All deadlines in this segment such merchandise. However, CORE Memorandum). have been extended by 40 days. produced in Vietnam from HRS and/or

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CRS from China is subject to the AD/ other certification is provided, then inclusion of the subject merchandise. If, CVD orders on CORE from China,6 and Commerce intends to instruct CBP to after consultations, the ITC believes that CORE produced in Vietnam from HRS suspend the entry and collect cash a significant injury issue is presented by and/or CRS from Taiwan has deposits at the AD and CVD all-others the proposed inclusion, it will have 60 preliminarily been found to be rates (i.e., 8.31 percent and 1.19 percent, days from the date of notification by circumventing the AD order on CORE respectively) applicable to the AD/CVD Commerce to provide written advice. from Taiwan.7 Imports of such orders on CORE from Korea.9 This is to Notification to Interested Parties merchandise are also subject to prevent evasion, given that the AD and certification requirements and cash CVD rates established for CORE from This determination is issued and deposits may be required. If an importer Korea are higher than the AD rate published in accordance with section imports CORE from Vietnam and claims established for CORE from Taiwan. 781(b) of the Act and 19 CFR 351.225(f). that the CORE was not produced from Public Comment Dated: June 28, 2019. HRS and/or CRS substrate manufactured Jeffrey I. Kessler, Case briefs or other written comments in Korea, in order not to be subject to Assistant Secretary for Enforcement and Korea CORE Orders cash deposit may be submitted to the Assistant Compliance. requirements, the importer and exporter Secretary for Enforcement and are required to meet the certification Compliance no later than thirty days Appendix I and documentation requirements after the date of publication of this List of Topics Discussed in the Preliminary described in Appendix II. Exporters of notice. Rebuttal briefs, limited to issues Decision Memorandum CORE produced from non-Korean-origin raised in case briefs, may be submitted I. Summary HRS and/or CRS substrate must prepare no later than five days after the deadline II. Background and maintain an Exporter Certification date for case briefs.10 Pursuant to 19 III. Scope of the Orders and documentation supporting the CFR 351.309(c)(2) and (d)(2), parties IV. Scope of the Anti-Circumvention Exporter Certification (see Appendix who submit case briefs or rebuttal briefs Inquiries IV). In addition, importers of such CORE in these anti-circumvention inquiries V. Period of Inquiries must prepare and maintain an Importer are encouraged to submit with each VI. Statutory Framework Certification (see Appendix III) as well argument: (1) A statement of the issue; VII. Use of Facts Available with an Adverse as documentation supporting the Inference (2) a brief summary of the argument; VIII. Anti-Circumvention Determination Importer Certification. Besides the and (3) a table of authorities. IX. Country-Wide Determination Importer Certification, the importer Pursuant to 19 CFR 351.310(c), X. Certification for Not Using Korean-Origin must also maintain a copy of the interested parties who wish to request a HRS and/or CRS Exporter Certification (see Appendix IV) hearing, limited to issues raised in the XI. Recommendation and relevant supporting documentation case and rebuttal briefs, must submit a Appendix II from the exporter of CORE who did not written request to the Assistant use the Korean-origin HRS and/or CRS Secretary for Enforcement and Certification Requirements substrate. Compliance, U.S. Department of If an importer imports certain corrosion- In the situation where no certification Commerce, within 30 days after the date resistant steel products (CORE) from the is provided for an entry, and AD/CVD of publication of this notice. Requests Socialist Republic of Vietnam (Vietnam) and orders from three countries (China, should contain the party’s name, claims that the CORE was not produced from Korea, or Taiwan) potentially apply to address, and telephone number, the hot-rolled steel and/or cold-rolled steel that entry, Commerce intends to instruct number of participants, whether any substrate (substrate) manufactured in Korea, the importer is required to complete and CBP to suspend the entry and collect participant is a foreign national, and a cash deposits at the CORE China maintain the importer certification attached list of the issues to be discussed. If a hereto as Appendix III and all supporting Circumvention Final rates (i.e., the AD request for a hearing is made, Commerce documents. Where the importer uses a broker rate established for the China-wide intends to hold the hearing at the U.S. to facilitate the entry process, it should entity (199.43 percent) and the CVD rate Department of Commerce, 1401 obtain the entry number from the broker. established for the China all-others rate Constitution Avenue NW, Washington Agents of the importer, such as brokers, (39.05 percent)).8 This is to prevent DC 20230, at a time and date to be however, are not permitted to make this evasion, given that the CORE China determined. Parties should confirm by certification on behalf of the importer. Circumvention Final rates are higher telephone the date, time, and location of The exporter is also required to complete than the AD and CVD rates established and maintain the exporter certification the hearing two days before the attached hereto as Appendix IV, and is for CORE from Korea and Taiwan. In the scheduled date. situation where a certification is further required to provide the importer a copy of that certification and all supporting provided for the AD/CVD orders on International Trade Commission Notification documentation. CORE from China (stating that the For shipments and/or entries on or after merchandise was not produced from Commerce, consistent with section August 2, 2018 through July 18, 2019 for HRS and/or CRS from China), but no 781(e) of the Act, has notified the U.S. which certifications are required, importers International Trade Commission (ITC) of and exporters should complete the required 6 See Certain Corrosion-Resistant Products from these preliminary determinations to certification within 30 days of the the People’s Republic of China: Affirmative Final include the merchandise subject to publication of this notice in the Federal Determination of Circumvention of the these anticircumvention inquiries Register. Accordingly, where appropriate, the Antidumping Duty and Countervailing Duty Orders, relevant bullet in the certification should be 83 FR 23895 (May 23, 2018) (CORE China within the Korea CORE Orders. edited to reflect that the certification was Circumvention Final). Pursuant to section 781(e) of the Act, 7 completed within the time frame specified See Federal Register notice, ‘‘Certain Corrosion- the ITC may request consultations above. For example, the bullet in the Resistant Steel Products from Taiwan: Affirmative Preliminary Determination of Anti-Circumvention concerning Commerce’s proposed importer certification that reads: ‘‘This Inquiry on the Antidumping Duty Order,’’ dated certification was completed at or prior to the concurrently with this notice. 9 See Korea CORE Orders. time of Entry,’’ could be edited as follows: 8 See CORE China Circumvention Final, 83 FR at 10 See 19 CFR 351.309; see also 19 CFR 351.303 ‘‘The imports referenced herein entered 23896. (for general filing requirements). before July 19, 2019. This certification was

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completed on mm/dd/yyyy, within 30 days Customs territory of the United States of the • I am aware that U.S. law (including, but of the Federal Register notice publication of corrosion-resistant steel products produced not limited to, 18 U.S.C. 1001) imposes the preliminary determination of in Vietnam that entered under entry criminal sanctions on individuals who circumvention.’’ Similarly, the bullet in the number(s) {INSERT ENTRY NUMBER(S)} knowingly and willfully make material false exporter certification that reads, ‘‘This and are covered by this certification. ‘‘Direct statements to the U.S. government. certification was completed at or prior to the personal knowledge’’ refers to facts the Signature llllllllllllllll time of shipment,’’ could be edited as certifying party is expected to have in its own NAME OF COMPANY OFFICIAL follows: ‘‘The shipments/products referenced records. For example, the importer should lllllllllllllllllllll herein shipped before July 19, 2019. This have ‘‘direct personal knowledge’’ of the certification was completed on mm/dd/yyyy, importation of the product (e.g., the name of TITLE within 30 days of the Federal Register notice the exporter) in its records; lllllllllllllllllllll publication of the preliminary determination • I have personal knowledge of the facts DATE of circumvention.’’ For such entries/ regarding the production of the imported shipments, importers and exporters each products covered by this certification. Appendix IV have the option to complete a blanket ‘‘Personal knowledge’’ includes facts Exporter Certification certification covering multiple entries/ obtained from another party, (e.g., I hereby certify that: shipments, individual certifications for each correspondence received by the importer (or • My name is {INSERT COMPANY entry/shipment, or a combination thereof. exporter) from the producer regarding the OFFICIAL’S NAME HERE} and I am an For shipments and/or entries on or after source of the input used to produce the official of {INSERT NAME OF EXPORTING July 19, 2019, for which certifications are imported products); COMPANY}; required, importers should complete the • These corrosion-resistant steel products • I have direct personal knowledge of the required certification at or prior to the date produced in Vietnam do not contain hot- facts regarding the production and of Entry and exporters should complete the rolled steel and/or cold-rolled steel substrate exportation of the corrosion-resistant steel required certification and provide it to the produced in Taiwan: products that were sold to the United States importer at or prior to the date of shipment. • I understand that {INSERT NAME OF under invoice number(s) INSERT INVOICE The importer and Vietnamese exporter are IMPORTING COMPANY} is required to NUMBER(S). ‘‘Direct personal knowledge’’ also required to maintain sufficient maintain a copy of this certification and refers to facts the certifying party is expected documentation supporting their sufficient documentation supporting this to have in its own books and records. For certifications. The importer will not be certification (i.e., documents maintained in example, an exporter should have ‘‘direct required to submit the certifications or the normal course of business, or documents personal knowledge’’ of the producer’s supporting documentation to U.S. Customs obtained by the certifying party, for example, identity and location. and Border Protection (CBP) as part of the mill certificates, productions records, • These corrosion-resistant steel products entry process at this time. However, the invoices, etc.) for the later of (1) a period of produced in Vietnam do not contain hot- importer and the exporter will be required to five years from the date of entry or (2) a rolled steel and/or cold-rolled steel substrate present the certifications and supporting period of three years after the conclusion of produced in Taiwan: documentation, to Commerce and/or CBP, as any litigation in the United States courts • I understand that {INSERT NAME OF applicable, upon request by the respective regarding such entries; EXPORTING COMPANY} is required to agency. Additionally, the claims made in the • I understand that {INSERT NAME OF maintain a copy of this certification and certifications and any supporting IMPORTING COMPANY} is required to sufficient documentation supporting this documentation are subject to verification by provide this certification and supporting certification (i.e., documents maintained in Commerce and/or CBP. The importer and records, upon request, to U.S. Customs and the normal course of business, or documents exporter are required to maintain the Border Protection (CBP) and/or the obtained by the certifying party, for example, certifications and supporting documentation Department of Commerce (Commerce); mill certificates, productions records, for the later of (1) a period of five years from • I understand that {INSERT NAME OF invoices, etc.) for the later of (1) a period of the date of entry or (2) a period of three years IMPORTING COMPANY} is required to five years from the date of entry or (2) a after the conclusion of any litigation in maintain a copy of the exporter’s certification period of three years after the conclusion of United States courts regarding such entries. for the later of (1) a period of five years from any litigation in the United States courts In the situation where no certification is the date of entry or (2) a period of three years regarding such entries; provided for an entry, and AD/CVD orders after the conclusion of any litigation in • I understand that {INSERT NAME OF from three countries (China, Korea, or United States courts regarding such entries; EXPORTING COMPANY} must provide this Taiwan) potentially apply to that entry, • I understand that {INSERT NAME OF Exporter Certification to the U.S. importer by Commerce intends to instruct CBP to IMPORTING COMPANY} is required to the time of shipment; suspend the entry and collect cash deposits maintain and provide a copy of the exporter’s • I understand that {INSERT NAME OF at the CORE China Circumvention Final rates certification and supporting records, upon EXPORTING COMPANY} is required to (i.e., the AD rate established for the China- request, to CBP and/or Commerce; provide a copy of this certification and wide entity (199.43 percent) and the CVD • I understand that the claims made supporting records, upon request, to U.S. rate established for China all-others rate herein, and the substantiating Customs and Border Protection (CBP) and/or (39.05 percent)). In the situation where a documentation, are subject to verification by the Department of Commerce (Commerce); certification is provided for the AD/CVD CBP and/or Commerce; • I understand that the claims made orders on CORE from China, but no other • I understand that failure to maintain the herein, and the substantiating documentation certification is provided, then Commerce required certification and/or failure to are subject to verification by CBP and/or intends to instruct CBP to suspend the entry substantiate the claims made herein will Commerce; and collect cash deposits at the AD and CVD result in: • I understand that failure to maintain the all-others rates (i.e., 8.31 percent and 1.19 Æ Suspension of liquidation of all required certification and/or failure to percent, respectively) applicable to the AD/ unliquidated entries (and entries for which substantiate the claims made herein will CVD orders on CORE from Korea. liquidation has not become final) for which result in: Appendix III these requirements were not met and o Suspension of all unliquidated entries Æ the requirement that the importer post (and entries for which liquidation has not Importer Certification applicable antidumping duty (AD) cash become final) for which these requirements I hereby certify that: deposits equal to the rates as determined by were not met and • My name is {INSERT COMPANY Commerce; o the requirement that the importer post OFFICIAL’S NAME HERE} and I am an • I understand that agents of the importer, applicable antidumping duty (AD) cash official of {INSERT NAME OF IMPORTING such as brokers, are not permitted to make deposits equal to the rates as determined by COMPANY}; this certification; Commerce; • I have direct personal knowledge of the • This certification was completed at or • This certification was completed at or facts regarding the importation into the prior to the time of Entry; and prior to the time of shipment;

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• I am aware that U.S. law (including, but exported to the United States as CRS 2019.5 If the new deadline falls on a not limited to, 18 U.S.C. 1001) imposes from Vietnam are circumventing the non-business day, in accordance with criminal sanctions on individuals who CRS Orders.2 In their allegation, the Commerce’s practice, the deadline will knowingly and willfully make material false petitioners requested that Commerce become the next business day. statements to the U.S. government. Signature llllllllllllllll initiate anti-circumvention inquiries Scope of the Orders pursuant to section 781(b) of the Tariff NAME OF COMPANY OFFICIAL The products covered by these orders lllllllllllllllllllll Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine are certain cold-rolled (cold-reduced), TITLE whether the importation of the Korean- flat-rolled steel products, whether or not lllllllllllllllllllll annealed, painted, varnished, or coated DATE origin HRS substrate for completing into CRS in Vietnam and subsequent sale of with plastics or other nonmetallic [FR Doc. 2019–14694 Filed 7–9–19; 8:45 am] that CRS to the United States constitutes substances. For a complete description BILLING CODE 3510–DS–P circumvention of the CRS Orders. of the scope of the orders, see the Preliminary Decision Memorandum. On August 2, 2018, Commerce DEPARTMENT OF COMMERCE published the notice of initiation of Scope of the Anti-Circumvention anti-circumvention inquiries on imports Inquiries International Trade Administration of CRS from Vietnam.3 For a complete These anti-circumvention inquiries [A–580–881, C–580–882] description of the events that followed cover CRS produced in Vietnam from the initiation of these inquiries, see the HRS substrate input manufactured in Certain Cold-Rolled Steel Flat Products Preliminary Decision Memorandum.4 A Korea and subsequently exported from From the Republic of Korea: list of topics included in the Vietnam to the United States Affirmative Preliminary Determination Preliminary Decision Memorandum is (merchandise under consideration). of Anti-Circumvention Inquiries on the included as Appendix I to this notice. These preliminary rulings apply to all Antidumping Duty and Countervailing The Preliminary Decision Memorandum shipments of the merchandise under Duty Orders is a public document and is on file consideration on or after the date of the electronically via Enforcement and initiation of these inquiries. Importers AGENCY: Enforcement and Compliance, Compliance’s Antidumping and and exporters of CRS produced in International Trade Administration, Countervailing Duty Centralized Vietnam using HRS manufactured in Department of Commerce. Electronic Service System (ACCESS). Vietnam or third countries must certify SUMMARY: The Department of Commerce ACCESS is available to registered users that the HRS processed into CRS in (Commerce) preliminarily determines at https://access.trade.gov, and to all Vietnam did not originate in Korea, as that imports of certain cold-rolled steel parties in the Central Records Unit, provided for in the certifications flat products (CRS), produced in the Room B8024 of the main Commerce attached to the Federal Register notice Socialist Republic of Vietnam (Vietnam) building. In addition, a complete at Appendices II, III, and IV. Otherwise, using hot-rolled steel (HRS) version of the Preliminary Decision their merchandise may be subject to manufactured in the Republic of Korea Memorandum can be accessed directly antidumping and countervailing duties (Korea), are circumventing the at http://enforcement.trade.gov/frn/. if Commerce makes affirmative final antidumping duty (AD) and The signed and the electronic versions determinations in these inquiries. countervailing duty (CVD) orders on of the Preliminary Decision Methodology CRS from Korea. Memorandum are identical in content. Commerce is conducting these anti- DATES: Applicable July 10, 2019. Commerce exercised its discretion to circumvention inquiries in accordance FOR FURTHER INFORMATION CONTACT: toll all deadlines affected by the partial with section 781(b) of the Act. Because Tyler Weinhold or Fred Baker, AD/CVD federal government closure from Vietnam is a non-market economy Operations, Office VI, Enforcement and December 22, 2018 through the country within the meaning of section Compliance, International Trade resumption of operations on January 29, 6 Administration, U.S. Department of 771(18) of the Act, Commerce has calculated the value of certain Commerce, 1401 Constitution Avenue 2 See Certain Cold-Rolled Steel Flat Products from processing and merchandise using NW, Washington, DC 20230; telephone: Brazil, India, the Republic of Korea, and the United (202) 482–1121 or (202) 482–2924, Kingdom: Amended Final Affirmative Antidumping factors of production and market respectively. Determinations for Brazil and the United Kingdom economy values, as discussed in section and Antidumping Duty Orders, 81 FR 64432 773(c) of the Act. For a full description SUPPLEMENTARY INFORMATION: (September 20, 2016) (CRS Korea AD Order); see of the methodology underlying also Certain Cold-Rolled Steel Flat Products from Background Brazil, India, and the Republic of Korea: Amended Commerce’s preliminary determination, Final Affirmative Countervailing Duty Certain domestic interested parties, Determination and Countervailing Duty Order (the 5 See Memorandum to the Record from Gary ArcelorMittal USA LLC (AMUSA), Republic of Korea) and Countervailing Duty Orders Taverman, Deputy Assistant Secretary for California Steel Industries (CSI), Nucor (Brazil and India), 81 FR 64436 (September 20, Antidumping and Countervailing Duty Operations, Corporation (Nucor), Steel Dynamics, 2016) (CRS Korea CVD Order) (collectively, CRS performing the non-exclusive functions and duties Orders). of the Assistant Secretary for Enforcement and Inc. (SDI), and United States Steel 3 See Certain Cold-Rolled Steel Flat Products from Compliance, ‘‘Deadlines Affected by the Partial Corporation (USSC) (collectively, the the Republic of Korea: Initiation of Anti- Shutdown of the Federal Government,’’ dated petitioners) filed an allegation 1 that Circumvention Inquiries on the Antidumping Duty January 28, 2019. All deadlines in this segment of imports of CRS from Vietnam made and Countervailing Duty Orders, 83 FR 37790 the proceeding have been extended by 40 days. (August 2, 2018) (Initiation Notice). 6 See, e.g., Certain Oil Country Tubular Goods from HRS sourced from Korea and 4 See Memorandum, ‘‘Preliminary Decision from the Socialist Republic of Vietnam: Preliminary Memorandum for Anti-Circumvention Inquiries on Results of Antidumping Duty Administrative 1 See Petitioners’ Letter, ‘‘Certain Cold-Rolled the Antidumping Duty and Countervailing Duty Review, 81 FR 24797 (October 14, 2016) (unchanged Steel Flat Products from the Republic of Korea: Orders on Certain Cold-Rolled Steel Flat Products in Certain Oil Country Tubular Goods from the Request for Circumvention Ruling Pursuant to from the Republic of Korea,’’ dated concurrently Socialist Republic of Vietnam: Final Results of Section 781(b) of the Tariff Act of 1930,’’ dated June with, and hereby adopted by, this notice Antidumping Duty Administrative Review; 2014– 12, 2018. (Preliminary Decision Memorandum). 2015, 82 FR 18611 (April 20, 2017)).

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see the Preliminary Decision Certification (see Appendix III) as well briefs.10 Pursuant to 19 CFR Memorandum. as documentation supporting the 351.309(c)(2) and (d)(2), parties who Importer Certification. Besides the submit case briefs or rebuttal briefs in Preliminary Finding Importer Certification, the importer these anti-circumvention inquiries are As detailed in the Preliminary must also maintain a copy of the encouraged to submit with each Decision Memorandum, we Exporter Certification (see Appendix IV) argument: (1) A statement of the issue; preliminarily determine that CRS and relevant supporting documentation (2) a brief summary of the argument; produced in Vietnam from HRS sourced from the exporter of CRS who did not and (3) a table of authorities. from Korea is circumventing the CRS use Korean-origin HRS substrate. Pursuant to 19 CFR 351.310(c), Orders. We therefore preliminarily In the situation where no certification interested parties who wish to request a determine that it is appropriate to is provided for an entry, and AD/CVD hearing, limited to issues raised in the include this merchandise within the orders from two countries (China or case and rebuttal briefs, must submit a CRS Orders and to instruct U.S. Korea) potentially apply to that entry, written request to the Assistant Customs and Border Protection (CBP) to Commerce intends to instruct CBP to Secretary for Enforcement and suspend any entries of CRS from suspend the entry and collect cash Compliance, U.S. Department of Vietnam produced from HRS from deposits at the CRS China Commerce, within 30 days after the date Korea. Circumvention Final rates (i.e., the AD of publication of this notice. Requests Suspension of Liquidation rate established for the China-wide should contain the party’s name, entity (199.76 percent) and the CVD rate address, and telephone number, the As stated above, Commerce has made established for the China all-others rate number of participants, whether any a preliminary affirmative finding of (256.44 percent)).8 participant is a foreign national, and a circumvention of the CRS Orders by This is to prevent evasion, given that the CRS China list of the issues to be discussed. If a exports to the United States of CRS request for a hearing is made, Commerce produced by any Vietnamese company Circumvention Final rates are higher than the AD and CVD rates established intends to hold the hearing at the U.S. from Korean-origin HRS inputs. In Department of Commerce, 1401 accordance with section 19 CFR for CRS from Korea. In the situation where a certification is provided for the Constitution Avenue NW, Washington, 351.225(l)(2), Commerce will direct CBP DC 20230, at a time and date to be to suspend liquidation and to require a AD/CVD orders on CRS from China (stating that the merchandise was not determined. Parties should confirm by cash deposit of estimated duties on telephone the date, time, and location of unliquidated entries of CRS produced in produced from HRS from China), but no other certification is provided, then the hearing two days before the Vietnam, as appropriate, that were scheduled date. entered, or withdrawn from warehouse, Commerce intends to instruct CBP to for consumption on or after August 2, suspend the entry and collect cash International Trade Commission 2018, the date of initiation of the anti- deposits at the AD and CVD all-others Notification rates (i.e., 20.33 percent and 3.89 circumvention inquiry. The suspension Commerce, consistent with section of liquidation instructions will remain percent, respectively) applicable to the AD/CVD orders on CRS from Korea.9 781(e) of the Act, has notified the in effect until further notice. International Trade Commission (ITC) of CRS produced in Vietnam from HRS Verification these preliminary determinations to that is not of Korean origin is not subject include the merchandise subject to to these inquiries. Therefore, cash As provided in 19 CFR 351.307, Commerce intends to verify information these anti-circumvention inquiries deposits are not required for such within the CRS Orders. Pursuant to merchandise. However, CRS produced relied upon in making its final determination. section 781(e) of the Act, the ITC may in Vietnam from CRS from China is request consultations concerning subject to the AD/CVD orders on CRS Public Comment Commerce’s proposed inclusion of the from China.7 Imports of such Case briefs or other written comments merchandise under consideration. If, merchandise are also subject to after consultations, the ITC believes that certification requirements and cash may be submitted to the Assistant Secretary for Enforcement and a significant injury issue is presented by deposits may be required. If an importer the proposed inclusion, it will have 60 imports CRS from Vietnam and claims Compliance no later than seven days after the date on which the last final days from the date of notification by that the CRS was not produced from Commerce to provide written advice. HRS substrate manufactured in Korea, verification report is issued in these in order not to be subject to cash deposit anti-circumvention inquiries, unless the Notification to Interested Parties Secretary alters the time limit. Rebuttal requirements, the importer and exporter These determinations are issued and are required to meet the certification briefs, limited to issues raised in case briefs, may be submitted no later than published in accordance with section and documentation requirements 781(b) of the Act and 19 CFR 351.225(f). described in Appendix II. Exporters of five days after the deadline date for case Dated: June 28, 2019. CRS produced from non-Korean-origin 8 Jeffrey I. Kessler, HRS substrate must prepare and See CRS China Circumvention Final, 83 FR at 23892. maintain an Exporter Certification and Assistant Secretary, for Enforcement and 9 See Certain Cold-Rolled Steel Flat Products from Compliance. documentation supporting the Brazil, India, the Republic of Korea, and the United Certification (see Appendix IV). In Kingdom: Amended Final Affirmative Antidumping Appendix I addition, importers of such CRS must Determinations for Brazil and the United Kingdom and Antidumping Duty Orders, 81 FR 64432 List of Topics Discussed in the Preliminary prepare and maintain an Importer (September 20, 2016) (CRS Korea AD Order); Decision Memorandum Certain Cold-Rolled Steel Flat Products from Brazil, I. Summary 7 See Certain Cold-Rolled Steel Flat Products from India, and the Republic of Korea: Amended Final II. Background the People’s Republic of China: Affirmative Final Affirmative Countervailing Duty Determination and Determination of Circumvention of the Countervailing Duty Order (the Republic of Korea) III. Scope of the Orders Antidumping Duty and Countervailing Duty Orders, and Countervailing Duty Orders (Brazil and India), 83 FR 23891 (May 23, 2018) (CRS China 81 FR 64436 (September 20, 2016) (CRS Korea CVD 10 See 19 CFR 351.309; see also 19 CFR 351.303 Circumvention Final). Order). (for general filing requirements).

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IV. Scope of the Anti-Circumvention required certification at or prior to the date • I have personal knowledge of the facts Inquiries of Entry and exporters should complete the regarding the production of the imported V. Period of Inquiry required certification and provide it to the products covered by this certification. VI. Surrogate Countries and Methodology for importer at or prior to the date of shipment. ‘‘Personal knowledge’’ includes facts Valuing Inputs from Korea and The importer and Vietnamese exporter are obtained from another party, (e.g., Processing in Vietnam also required to maintain sufficient correspondence received by the importer (or VII. Statutory Framework documentation supporting their exporter) from the producer regarding the VIII. Use of Facts Available with an Adverse certifications. The importer will not be source of the input used to produce the Inference required to submit the certifications or imported products); IX. Statutory Analysis supporting documentation to U.S. Customs • These cold-rolled steel flat products X. Country-Wide Determination and Border Protection (CBP) as part of the produced in Vietnam do not contain hot- XI. Certification for Not Using Korean-Origin entry process at this time. However, the rolled steel substrate produced in Korea: HRS importer and the exporter will be required to • I understand that {INSERT NAME OF XII. Recommendation present the certifications and supporting IMPORTING COMPANY} is required to documentation, to Commerce and/or CBP, as maintain a copy of this certification and Appendix II applicable, upon request by the respective sufficient documentation supporting this agency. Additionally, the claims made in the Certification Requirements certification (i.e., documents maintained in certifications and any supporting the normal course of business, or documents If an importer imports certain cold-rolled documentation are subject to verification by obtained by the certifying party, for example, steel flat products (CRS) from the Socialist Commerce and/or CBP. The importer and Republic of Vietnam (Vietnam) and claims exporter are required to maintain the mill certificates, productions records, that the CRS was not produced from hot- certifications and supporting documentation invoices, etc.) for the later of (1) a period of rolled steel substrate (substrate) for the later of (1) a period of five years from five years from the date of entry or (2) a manufactured in the Republic of Korea the date of entry or (2) a period of three years period of three years after the conclusion of (Korea), the importer is required to complete after the conclusion of any litigation in any litigation in the United States courts and maintain the importer certification United States courts regarding such entries. regarding such entries; • { attached hereto as Appendix III and all In the situation where no certification is I understand that INSERT NAME OF } supporting documentation. Where the provided for an entry, and AD/CVD orders IMPORTING COMPANY is required to importer uses a broker to facilitate the entry from two countries (China or Korea) provide this certification and supporting process, it should obtain the entry number potentially apply to that entry, Commerce records, upon request, to U.S. Customs and from the broker. Agents of the importer, such intends to instruct CBP to suspend the entry Border Protection (CBP) and/or the as brokers, however, are not permitted to and collect cash deposits at the CRS China Department of Commerce (Commerce); make this certification on behalf of the Circumvention Final rates (i.e., the AD rate • I understand that {INSERT NAME OF importer. established for the China-wide entity (199.76 IMPORTING COMPANY} is required to The exporter is required to complete and percent) and the CVD rate established for the maintain a copy of the exporter’s certification maintain the exporter certification, attached China all-others rate (256.44 percent)).11 In for the later of (1) a period of five years from as Appendix IV, and is further required to the situation where a certification is provided the date of entry or (2) a period of three years provide the importer a copy of that for the AD/CVD orders on CRS from China after the conclusion of any litigation in certification and all supporting (stating that the merchandise was not United States courts regarding such entries; documentation. produced from HRS from China), but no • I understand that {INSERT NAME OF For shipments and/or entries on or after other certification is provided, then IMPORTING COMPANY} is required to August 2, 2018 through July 18, 2019 for Commerce intends to instruct CBP to maintain and provide a copy of the exporter’s which certifications are required, importers suspend the entry and collect cash deposits certification and supporting records, upon and exporters should complete the required at the AD and CVD all-others rates (i.e., 20.33 request, to CBP and/or Commerce; certification within 30 days of the percent and 3.89 percent, respectively) • I understand that the claims made publication of this notice in the Federal applicable to the AD/CVD orders on CRS herein, and the substantiating Register. Accordingly, where appropriate, the from Korea.12 documentation, are subject to verification by relevant bullet in the certification should be Appendix III CBP and/or Commerce; edited to reflect that the certification was • I understand that failure to maintain the completed within the time frame specified Importer Certification required certification and/or failure to above. For example, the bullet in the I hereby certify that: substantiate the claims made herein will importer certification that reads: ‘‘This • My name is {INSERT COMPANY result in: certification was completed at or prior to the Æ OFFICIAL’S NAME HERE} and I am an Suspension of liquidation of all time of Entry,’’ could be edited as follows: official of {INSERT NAME OF IMPORTING unliquidated entries (and entries for which ‘‘The imports referenced herein entered COMPANY}; liquidation has not become final) for which before July 19, 2019. This certification was • I have direct personal knowledge of the these requirements were not met and completed on mm/dd/yyyy, within 30 days Æ facts regarding the importation into the the requirement that the importer post of the Federal Register notice publication of Customs territory of the United States of the applicable antidumping duty (AD) cash the preliminary determination of cold-rolled steel flat products produced in deposits equal to the rates as determined by circumvention.’’ Similarly, the bullet in the Vietnam that entered under entry number(s) Commerce; exporter certification that reads, ‘‘This • {INSERT ENTRY NUMBER(S)} and are I understand that agents of the importer, certification was completed at or prior to the covered by this certification. ‘‘Direct personal such as brokers, are not permitted to make time of shipment,’’ could be edited as knowledge’’ refers to facts the certifying party this certification; follows: ‘‘The shipments/products referenced is expected to have in its own records. For • This certification was completed at or herein shipped before July 19, 2019. This example, the importer should have ‘‘direct prior to the time of Entry; and certification was completed on mm/dd/yyyy, personal knowledge’’ of the importation of • I am aware that U.S. law (including, but within 30 days of the Federal Register notice the product (e.g., the name of the exporter) not limited to, 18 U.S.C. 1001) imposes publication of the preliminary determination in its records; criminal sanctions on individuals who of circumvention. For such entries/ knowingly and willfully make material false shipments, importers and exporters each 11 See Certain Cold-Rolled Steel Flat Products statements to the U.S. government. have the option to complete a blanket Signature llllllllllllllll certification covering multiple entries/ from the People’s Republic of China: Affirmative Final Determination of Circumvention of the shipments, individual certifications for each NAME OF COMPANY OFFICIAL Antidumping Duty and Countervailing Duty Orders, lllllllllllllllllllll entry/shipment, or a combination thereof. 83 FR 23891 (May 23, 2018) (CRS China For shipments and/or entries on or after Circumvention Final). TITLE July 19, 2019, for which certifications are 12 See CRS Korea AD Order, 81 FR at 64434; CRS lllllllllllllllllllll required, importers should complete the Korea CVD Order, 81 FR at 64438. DATE

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Appendix IV DEPARTMENT OF COMMERCE on uncovered innerspring units from 2 Exporter Certification China, South Africa, and Vietnam. International Trade Administration I hereby certify that: Scope of the Orders • { [A–570–928, A–791–821, A–552–803] My name is INSERT COMPANY The products subject to these orders OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING Uncovered Innerspring Units From the are uncovered innerspring units COMPANY}; People’s Republic of China, South composed of a series of individual metal • I have direct personal knowledge of the Africa, and Socialist Republic of springs joined together in sizes facts regarding the production and Vietnam: Final Results of the corresponding to the sizes of adult exportation of the cold-rolled steel flat Expedited Sunset Reviews of the mattresses (e.g., twin, twin long, full, products that were sold to the United States Antidumping Duty Orders full long, queen, California king, and under invoice number(s) INSERT INVOICE king) and units used in smaller NUMBER(S). ‘‘Direct personal knowledge’’ AGENCY: Enforcement and Compliance, constructions, such as crib and youth refers to facts the certifying party is expected to have in its own books and records. For International Trade Administration, mattresses. The complete scope example, an exporter should have ‘‘direct Department of Commerce. language of these orders is listed in the 3 personal knowledge’’ of the producer’s SUMMARY: The Department of Commerce Issues and Decision Memorandum, identity and location. (Commerce) finds that revocation of the which is hereby adopted by this notice. • These cold-rolled steel flat products antidumping duty orders on uncovered The products subject to the orders are produced in Vietnam do not contain hot- innerspring units from the People’s currently classifiable under subheading rolled steel substrate produced in Korea: 9404.29.9010 and have also been • I understand that {INSERT NAME OF Republic of China (China), South Africa, } and Socialist Republic of Vietnam classified under subheadings EXPORTING COMPANY is required to 9404.10.0000, 7326.20.0070, maintain a copy of this certification and (Vietnam) would be likely to lead to sufficient documentation supporting this continuation or recurrence of dumping 7320.20.5010, or 7320.90.5010 of the certification (i.e., documents maintained in as indicated in the ‘‘Final Results of Harmonized Tariff Schedule of the the normal course of business, or documents Sunset Reviews’’ section of this notice. United States (HTSUS). On January 11, obtained by the certifying party, for example, 2011, Commerce included the mill certificates, productions records, DATES: Applicable July 10, 2019. 9404.29.9005 and 9404.29.9011 HTSUS invoices, etc.) for the later of (1) a period of FOR FURTHER INFORMATION CONTACT: classification number to the customs five years from the date of entry or (2) a Javier Barrientos, AD/CVD Operations, case reference file, pursuant to a request period of three years after the conclusion of Office V, Enforcement and Compliance, by U.S. Customs and Border Protection any litigation in the United States courts International Trade Administration, regarding such entries; (CBP). On January 7, 2013, Commerce • I understand that {INSERT NAME OF U.S. Department of Commerce, 1401 included the 7326.20.0071 HTSUS EXPORTING COMPANY} must provide this Constitution Avenue NW, Washington, classification number to the customs Exporter Certification to the U.S. importer by DC 20230; telephone: (202) 482–2243. case reference file, pursuant to a request the time of shipment; SUPPLEMENTARY INFORMATION: by CBP. The HTSUS subheadings are • I understand that {INSERT NAME OF provided for convenience and customs } EXPORTING COMPANY is required to Background purposes only; the written description provide a copy of this certification and On March 1, 2019, Commerce of the scope of these orders is supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or published the initiation of the second dispositive. the Department of Commerce (Commerce); five-year (sunset) reviews of the Analysis of Comments Received • I understand that the claims made antidumping duty orders on uncovered herein, and the substantiating documentation innerspring units from China, South All issues raised in these reviews are are subject to verification by CBP and/or Africa, and Vietnam, pursuant to section addressed in the Issues and Decision Commerce; Memorandum, including the likelihood • 751(c) of the Tariff Act of 1930 (the Act), I understand that failure to maintain the as amended.1 Commerce received of continuation or recurrence of required certification and/or failure to dumping in the event of revocation and substantiate the claims made herein will notices of intent to participate in these sunset reviews from Leggett & Platt, the magnitude of dumping margins result in: likely to prevail if the orders were Æ Suspension of all unliquidated entries Incorporated (the domestic interested (and entries for which liquidation has not party), within the 15-day period revoked. Parties can find a complete become final) for which these requirements specified in 19 CFR 351.218(d)(1)(i). discussion of all issues raised in these were not met and The domestic interested party claimed reviews and the corresponding Æ the requirement that the importer post interested party status under section recommendations in this public applicable antidumping duty (AD) cash 771(9)(C) of the Act as a producer of the memorandum, which is on file deposits equal to the rates as determined by electronically via Enforcement and Commerce; domestic like product. • Commerce received adequate Compliance’s Antidumping and This certification was completed at or Countervailing Duty Centralized prior to the time of shipment; substantive responses to the Notice of • I am aware that U.S. law (including, but Initiation from the domestic interested 2 not limited to, 18 U.S.C. 1001) imposes See Uncovered Innerspring Units from the party within the 30-day period specified People’s Republic of China: Notice of Antidumping criminal sanctions on individuals who in 19 CFR 351.218(d)(3)(i). Commerce Duty Order, 74 FR 7661 (February 19, 2009); knowingly and willfully make material false received no substantive response from Antidumping Duty Order: Uncovered Innerspring statements to the U.S. government. any respondent interested parties. In Units from South Africa, 73 FR 75390 (December Signature llllllllllllllll 11, 2008); Antidumping Duty Order: Uncovered accordance with section 751(c)(3)(B) of NAME OF COMPANY OFFICIAL Innerspring Units from the Socialist Republic of lllllllllllllllllllll the Act and 19 CFR Vietnam, 73 FR 75391 (December 11, 2008). 351.218(e)(1)(ii)(C)(2), Commerce 3 See Issues and Decision Memorandum for the TITLE Final Results of Expedited Second Sunset Reviews lllllllllllllllllllll conducted expedited (120-day) sunset reviews of the antidumping duty orders of the Antidumping Duty Orders on Uncovered DATE Innerspring Units from the People’s Republic of China, South Africa, and the Socialist Republic of [FR Doc. 2019–14721 Filed 7–9–19; 8:45 am] 1 See Initiation of Five-Year (Sunset) Review, 84 Vietnam, dated concurrently with this notice BILLING CODE 3510–DS–P FR 7021 (March 1, 2019) (Notice of Initiation). (Issues and Decision Memorandum).

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Electronic Services System (ACCESS). DEPARTMENT OF COMMERCE retention option. Other business may be ACCESS is available to registered users discussed as necessary. at http://access.trade.gov and is National Oceanic and Atmospheric Although non-emergency issues not available to all parties in the Central Administration contained on this agenda may come Records Unit in Room B8024 of the RIN 0648–XH085 before this Council for discussion, those main Department of Commerce issues may not be the subject of formal building. In addition, a complete New England Fishery Management action during this meeting. Council version of the Issues and Decision Council; Public Meeting action will be restricted to those issues Memorandum can be accessed directly specifically listed in this notice and any on the internet at https:// AGENCY: National Marine Fisheries issues arising after publication of this enforcement.trade.gov/frn/index.html. Service (NMFS), National Oceanic and notice that require emergency action A list of the issues discussed in the Atmospheric Administration (NOAA), under section 305(c) of the Magnuson- decision memorandum is attached as Commerce. Stevens Act, provided the public has the Appendix to this notice. The signed ACTION: Notice; public meeting. been notified of the Council’s intent to and electronic versions of the Issues and take final action to address the Decision Memorandum are identical in SUMMARY: The New England Fishery emergency. content. Management Council (Council) is scheduling a public meeting of its Joint Special Accommodations Final Results of Sunset Reviews VMS/Enforcement Committee and This meeting is physically accessible Commerce determines that revocation Advisory Panel to consider actions to people with disabilities. This meeting of the antidumping duty orders on affecting New England fisheries in the will be recorded. Consistent with 16 uncovered innerspring units from exclusive economic zone (EEZ). U.S.C. 1852, a copy of the recording is China, South Africa, and Vietnam Recommendations from this group will available upon request. Requests for would be likely to lead to continuation be brought to the full Council for formal sign language interpretation or other or recurrence of dumping at the consideration and action, if appropriate. auxiliary aids should be directed to following weighted-average percentage DATES: This meeting will be held on Thomas A. Nies, Executive Director, at margins: China, up to 234.51 percent; Thursday, July 25, 2019 at 9:30 a.m. (978) 465–0492, at least 5 days prior to South Africa, up to 121.39 percent; and ADDRESSES: The meeting will be held at the meeting date. Vietnam, up to 116.31 percent. the Courtyard by Marriott, 1000 Market Authority: 16 U.S.C. 1801 et seq. Street, Portsmouth, NH 03801; Administrative Protective Order telephone: (603) 436–2121. Dated: July 5, 2019. This notice serves as the only Council address: New England Tracey L. Thompson, reminder to parties subject to Fishery Management Council, 50 Water Acting Deputy Director, Office of Sustainable administrative protective order (APO) of Street, Mill 2, Newburyport, MA 01950. Fisheries, National Marine Fisheries Service. their responsibility concerning the FOR FURTHER INFORMATION CONTACT: [FR Doc. 2019–14712 Filed 7–9–19; 8:45 am] disposition of proprietary information Thomas A. Nies, Executive Director, BILLING CODE 3510–22–P disclosed under APO in accordance New England Fishery Management with 19 CFR 351.305(a). Timely written Council; telephone: (978) 465–0492. DEPARTMENT OF COMMERCE notification of the destruction of APO SUPPLEMENTARY INFORMATION: materials or conversion to judicial Agenda National Oceanic and Atmospheric protective order is hereby requested. Administration Failure to comply with the regulations The Committee and Advisory Panel and terms of an APO is a violation will give an update on the Compliance Evaluation of State Coastal which is subject to sanction. Assistance Program (CAP) boardings Management Programs Notification to Interested Parties since the last enforcement committee meeting. They will also discuss AGENCY: Office for Coastal Management Commerce is issuing and publishing Northeast Multispecies (Groundfish) (OCM), National Ocean Service (NOS), the final results and notice in Catch Share (Sector) Review as well as National Oceanic and Atmospheric accordance with sections 751(c), 752(c), capture enforcement challenges under Administration (NOAA), Department of and 777(i)(1) of the Act and 19 CFR current regulations for inclusion in the Commerce (DOC). 351.221(c)(5)(ii). Catch Share Review. The committee and ACTION: Notice of public meeting. Dated: July 1, 2019. advisory will also discuss compliance SUMMARY: The National Oceanic and Jeffrey I. Kessler, improvement recommendation— Groundfish Sector Management and Atmospheric Administration (NOAA), Assistant Secretary for Enforcement and Office for Coastal Management will hold Compliance. review alternatives under consideration in Amendment 23 and provide a public meeting to solicit comments on Appendix recommendations regarding their the performance evaluation of the Georgia Coastal Management Program. List of Topics Discussed in the Final enforceability in particular (a) Dockside Decision Memorandum Monitoring Program in terms of DATES: Georgia Coastal Management Program Evaluation: The public meeting I. Summary inspection of fish holds; (b) Exemptions II. Background for vessels fishing exclusively west of 72 will be held on August 28, 2019, and III. History of the Orders degrees 30 minutes west longitude or 71 written comments must be received on IV. Scope of the Orders degrees 30 minutes west longitude in or before September 6, 2019. V. Discussion of the Issues regards to increased VMS polling and For specific dates, times, and VI. Final Results of Reviews transit rules; (c) At-sea monitoring locations of the public meetings, see VII. Recommendation (human observers and electronic SUPPLEMENTARY INFORMATION. [FR Doc. 2019–14687 Filed 7–9–19; 8:45 am] monitoring; (d) Audit model electronic ADDRESSES: You may submit comments BILLING CODE 3510–DS–P monitoring option and (e) Maximized on the coastal program NOAA intends

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to evaluate by any of the following Time: 5:30–6:30 p.m., local time. sender may also be accessible. NOAA methods: Location: Susan Shipman will accept anonymous comments. Public Meeting and Oral Comments: Environmental Learning Center, Georgia FOR FURTHER INFORMATION CONTACT: A public meeting will be held in Department of Natural Resources, 1 Stephanie Robinson at (843) 740–1174 Brunswick, Georgia. For the specific Conservation Way, Brunswick, GA and [email protected], or Erica location, see SUPPLEMENTARY 31520. Seiden at (240) 533–0781 and INFORMATION. Written public comments must be [email protected] of NOAA’s Written Comments: Please direct received on or before September 6, Office for Coastal Management. written comments to Carrie Hall, 2019. SUPPLEMENTARY INFORMATION: Evaluator, Planning and Performance Federal Domestic Assistance Catalog Measurement Program, Office for 11.419, Coastal Zone Management Program I. Background Coastal Management, NOS/NOAA, 1305 Administration. The Florida Department of East-West Highway, 11th Floor, N/ Dated: July 5, 2019. Environmental Protection, as lead OCM1, Silver Spring, Maryland 20910, Nkolika Ndubisi, agency for managing the GTM Reserve, or email comments Carrie.Hall@ Management and Program Analyst, National has requested to modify the approved noaa.gov. Comments that the Office for Ocean Service, National Oceanic and management boundary of the Reserve by Coastal Management receives are Atmospheric Administration. adding three new parcels. Pursuant to considered part of the public record and [FR Doc. 2019–14710 Filed 7–9–19; 8:45 am] 15 CFR 921.33(a), NOAA may require may be publicly accessible. Any BILLING CODE 3510–08–P public notice, including notice in the personal identifying information (e.g., Federal Register and an opportunity for name, address) submitted voluntarily by public comment before approving a the sender may also be publicly DEPARTMENT OF COMMERCE boundary or management plan change. accessible. NOAA will accept In addition, changes in the boundary of anonymous comments. National Oceanic and Atmospheric a Reserve involving the acquisition of FOR FURTHER INFORMATION CONTACT: Administration properties not listed in the management Ralph Cantral, Evaluator, Planning and Notice of Availability of a Draft plan or final environmental impact Performance Measurement Program, Environmental Assessment of a statement (EIS) require public notice Office for Coastal Management, NOS/ Proposed Boundary Expansion of the and the opportunity for comment. The NOAA, 2234 South Hobson Avenue, Guana Tolomato Matanzas National Marsh View Preserve parcel was not Charleston, SC 29405, by phone at (843) Estuarine Research Reserve evaluated in the Reserve’s original EIS. 740–1143 or email comments Therefore, NOAA has developed an [email protected]. Copies of the AGENCY: Office for Coastal Management, environmental assessment (EA) to previous evaluation findings and 2016– National Ocean Service, National analyze the effects of requested change 2020 Assessment and Strategy may be Oceanic and Atmospheric to the Reserve boundary, which would viewed and downloaded on the internet Administration, U.S. Department of result in a net increase in acreage of at http://coast.noaa.gov/czm/ Commerce. 3,346.44 acres, and is publishing notice evaluations. A copy of the evaluation ACTION: Notice of availability of a draft of the EA’s availability for public review notification letter and most recent environmental assessment; request for and comment. progress report may be obtained upon comments. request by contacting the person II. NOAA Proposed Action and identified under FOR FURTHER SUMMARY: The National Oceanic and Alternatives INFORMATION CONTACT. Atmospheric Administration (NOAA) is NOAA is releasing a draft EA SUPPLEMENTARY INFORMATION: Section soliciting comments from the public on prepared in accordance with section 312 of the Coastal Zone Management a draft environmental assessment for a 102(2)(C) of the National Environmental Act (CZMA) requires NOAA to conduct proposed boundary expansion of the Policy Act (NEPA) of 1969, as amended, periodic evaluations of federally Guana Tolomato Matanzas (GTM) 42 U.S.C. 4332(2)(c), and the Council on approved state and territorial coastal National Estuarine Research Reserve. Environmental Quality Regulations for programs. The process includes one or DATES: Comments must be received no Implementing the Procedural Provisions more public meetings, consideration of later than 30 days after publication of of NEPA (40 CFR 1500–1508). NOAA’s written public comments, and this notice. proposed action would be to approve a consultations with interested Federal, ADDRESSES: The draft environmental change in the management boundary of state, and local agencies and members of assessment can be downloaded or the GTM Reserve to add three parcels to the public. During the evaluation, viewed at https://coast.noaa.gov/czm/ the approved boundary. NOAA will consider the extent to which compliance/. You may submit The draft EA identifies and assesses the state has met the national objectives, comments via email to steph.robinson@ potential environmental impacts adhered to the management program noaa.gov. You may also submit associated with the proposed project, approved by the Secretary of Commerce, comments or request a copy of the draft and identifies a preferred alternative and adhered to the terms of financial environmental assessment by mail and a no action alternative. The assistance under the CZMA. When the addressed to Stephanie Robinson, Office preferred alternative would add three evaluation is completed, NOAA’s Office for Coastal Management, 2234 South parcels to the Reserve’s boundary. for Coastal Management will place a Hobson Ave., Charleston, SC 29405. Although the preferred alternative notice in the Federal Register Comments submitted by any other would add three parcels outside the announcing the availability of the Final method or after the comment period boundary originally designated for the Evaluation Findings. may not be considered. All comments Reserve, the addition of these three You may participate or submit oral are a part of the public record and may parcels would allow and enhance the comments at the public meeting be publicly accessible. Any personal Reserve’s ability to: (1) Educate the scheduled as follows: identifying information (e.g., name, community; (2) protect and manage the Date: August 28, 2019. address) submitted voluntarily by the estuaries and their watersheds; (3)

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provide aquatic/upland management; Marine Fisheries Service. Physical an unmitigable adverse impact on the and (4) research and monitor the area. comments should be sent to 1315 East- availability of the species or stock(s) for The proposed boundary expansion is West Highway, Silver Spring, MD 20910 taking for subsistence uses (where therefore preferred over the no action and electronic comments should be sent relevant). Further, NMFS must prescribe alternative. to [email protected]. the permissible methods of taking and Dated: July 5, 2019. Instructions: NMFS is not responsible other ‘‘means of effecting the least practicable adverse impact’’ on the Nkolika Ndubisi, for comments sent by any other method, to any other address or individual, or affected species or stocks and their Management and Program Analyst, National habitat, paying particular attention to Ocean Service, National Oceanic and received after the end of the comment Atmospheric Administration. period. Comments received rookeries, mating grounds, and areas of electronically, including all similar significance, and on the [FR Doc. 2019–14713 Filed 7–9–19; 8:45 am] attachments, must not exceed a 25- availability of such species or stocks for BILLING CODE 3510–08–P megabyte file size. Attachments to taking for certain subsistence uses electronic comments will be accepted in (referred to here as ‘‘mitigation DEPARTMENT OF COMMERCE Microsoft Word or Excel or Adobe PDF measures’’). Monitoring and reporting of file formats only. All comments such takings are also required. The National Oceanic and Atmospheric received are a part of the public record meaning of key terms such as ‘‘take,’’ Administration and will generally be posted online at ‘‘harassment,’’ and ‘‘negligible impact’’ https://www.fisheries.noaa.gov/permit/ can be found in section 3 of the MMPA RIN 0648–XR014 incidental-take-authorizations-under- (16 U.S.C. 1362) and the agency’s regulations at 50 CFR 216.103. Takes of Marine Mammals Incidental to marine-mammal-protection-act without change. All personal identifying NMFS’ regulations implementing the Specified Activities; Taking Marine MMPA at 50 CFR 216.107(e) indicate Mammals Incidental to Bremerton information (e.g., name, address) voluntarily submitted by the commenter that IHAs may be renewed for Ferry Terminal Dolphin Relocation additional periods of time not to exceed Project in Washington State may be publicly accessible. Do not submit confidential business one year for each reauthorization. In the AGENCY: National Marine Fisheries information or otherwise sensitive or notice of proposed IHA for the initial Service (NMFS), National Oceanic and protected information. authorization, NMFS described the circumstances under which we would Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: consider issuing a Renewal for this Commerce. Amy Fowler, Office of Protected activity, and requested public comment ACTION: Notice; incidental harassment Resources, NMFS, (301) 427–8401. on a potential Renewal under those authorization; request for comments on Electronic copies of the original circumstances. Specifically, on a case- proposed renewal. application, Renewal request, and by-case basis, NMFS may issue a one- supporting documents (including NMFS SUMMARY: NMFS received a request from year IHA Renewal when (1) another year Federal Register notices of the original of identical or nearly identical activities the Washington State Department of proposed and final authorizations, and Transportation (WSDOT) for the as described in the Specified Activities the previous IHA), as well as a list of the section is planned or (2) the activities Renewal of their currently active references cited in this document, may incidental harassment authorization would not be completed by the time the be obtained online at: https:// IHA expires and a second IHA would (IHA) to take marine mammals www.fisheries.noaa.gov/permit/ incidental to the dolphin (a man-made allow for completion of the activities incidental-take-authorizations-under- beyond that described in the Dates and structure that protects other structures marine-mammal-protection-act. In case from being struck by boats) relocation Duration section of the initial IHA. All of problems accessing these documents, of the following conditions must be met project at the Bremerton Ferry Terminal please call the contact listed above. in Washington State. These activities in order to issue a Renewal: SUPPLEMENTARY INFORMATION: • consist of activities that are covered by A request for Renewal is received the current authorization but will not be Background no later than 60 days prior to expiration completed prior to its expiration. of the current IHA; The MMPA prohibits the ‘‘take’’ of • The request for Renewal must Pursuant to the Marine Mammal marine mammals, with certain Protection Act (MMPA), prior to issuing include the following: exceptions. Sections 101(a)(5)(A) and (1) An explanation that the activities the currently active IHA, NMFS (D) of the MMPA (16 U.S.C. 1361 et to be conducted beyond the initial dates requested comments on both the seq.) direct the Secretary of Commerce either are identical to the previously proposed IHA and the potential for (as delegated to NMFS) to allow, upon analyzed activities or include changes renewing the initial authorization if request, the incidental, but not so minor (e.g., reduction in pile size) certain requirements were satisfied. The intentional, taking of small numbers of that the changes do not affect the Renewal requirements have been marine mammals by U.S. citizens who previous analyses, take estimates, or satisfied, and NMFS is now providing engage in a specified activity (other than mitigation and monitoring an additional 15-day comment period to commercial fishing) within a specified requirements; and allow for any additional comments on geographical region if certain findings (2) A preliminary monitoring report the requested Renewal not previously are made and either regulations are showing the results of the required provided during the initial 30-day issued or, if the taking is limited to monitoring to date and an explanation comment period. harassment, a notice of a proposed showing that the monitoring results do DATES: Comments and information must incidental take authorization is not indicate impacts of a scale or nature be received no later than July 25, 2019. provided to the public for review. not previously analyzed or authorized. ADDRESSES: Comments should be Authorization for incidental takings • Upon review of the request for addressed to Jolie Harrison, Chief, shall be granted if NMFS finds that the Renewal, the status of the affected Permits and Conservation Division, taking will have a negligible impact on species or stocks, and any other Office of Protected Resources, National the species or stock(s) and will not have pertinent information, NMFS

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determines that there are no more than covered by the initial authorization but and anticipates the need for additional minor changes in the activities, the will not be completed prior to its pile driving to complete the project. mitigation and monitoring measures expiration. As required, the applicant The following documents are remain the same and appropriate, and also provided a preliminary monitoring referenced in this notice and include the initial findings remain valid. report (available at https:// important supporting information, and An additional public comment period www.fisheries.noaa.gov/permit/ may be found at the indicated location: of 15 days (for a total of 45 days), with incidental-take-authorizations-under- • Initial Proposed IHA: Takes of direct notice by email, phone, or postal marine-mammal-protection-act), which Marine Mammals Incidental to service to commenters on the initial confirms that the applicant has Specified Activities; Taking Marine IHA, is provided to allow for any implemented the required mitigation Mammals Incidental to Bremerton and additional comments on the proposed and monitoring, and which also shows Edmonds Ferry Terminals Dolphin Renewal. A description of the Renewal that no impacts of a scale or nature not Relocation Project in Washington State process may be found on our website at: previously analyzed or authorized have (83 FR 16330; April 16, 2018). Available www.fisheries.noaa.gov/national/ occurred as a result of the activities at: https://www.fisheries.noaa.gov/ marine-mammal-protection/incidental- conducted. action/incidental-take-authorization- harassment-authorization-renewals. washington-state-department- Any comments received on the potential Description of the Specified Activities transportation-ferry-terminal; Renewal, along with relevant comments and Anticipated Impacts • Initial Final IHA: Takes of Marine on the initial IHA, have been considered WSDOT proposes to relocate one Mammals Incidental to Specified in the development of this proposed dolphin to improve safety at the Activities; Taking Marine Mammals IHA Renewal, and a summary of agency Bremerton Ferry Terminal. The Olympic Incidental to Bremerton and Edmonds responses to applicable comments is Class ferries have an atypical shape, Ferry Terminals Dolphin Relocation included in this notice. NMFS will which at some terminals causes the Project in Washington State (83 FR consider any additional public vessels to make contact with the inner 45897; September 11, 2018). Available comments prior to making any final dolphin prior to the stern of the vessel at: https://www.fisheries.noaa.gov/ decision on the issuance of the reaching the intermediate or outer action/incidental-take-authorization- requested Renewal, and agency dolphin. This tends to cause rotation of washington-state-department- responses will be summarized in the the vessel away from the wingwalls, transportation-ferry-terminal; and • Preliminary Monitoring Report from final notice of our decision. which presents a safety issue. Initial IHA. Available at: https:// Relocating the dolphin will reduce the National Environmental Policy Act www.fisheries.noaa.gov/action/ risk of landing issues for Olympic Class incidental-take-authorization- Issuance of an MMPA 101(a)(5)(D) ferries at the Bremerton ferry terminal. washington-state-department- authorization requires compliance with Due to NMFS and the U.S. Fish and transportation-ferry-terminal. the National Environmental Policy Act Wildlife Service (USFWS) in-water (NEPA). work timing restrictions to protect ESA- Detailed Description of the Activity NMFS preliminary determined the listed salmonids, planned WSDOT in- issuance of the proposed Renewal is As described above, WSDOT was not water construction at the Bremerton consistent with categories of activities able to complete the activities analyzed ferry terminal is limited to August 1, identified in CE B4 (issuance of in the initial IHA by the date that IHA 2019 through February 15, 2020. All incidental harassment authorizations is set to expire (September 30, 2019). As work proposed by WSDOT would be under section 101(a)(5)(A) and (D) of the such, the activities WSDOT proposes to conducted within this window. MMPA for which no serious injury or conduct between August 1, 2019 and mortality is anticipated) of NOAA’s The specified activities described for February 15, 2020 would be a Companion Manual for NAO 216–6A, this Renewal are an identical subset of continuation of the activities as and we have not identified any the activities covered by the initial IHA. described in the initial 2018 IHA and extraordinary circumstances listed in NMFS previously published notices of would be identical to the activities Chapter 4 of the Companion Manual for proposed IHA (83 FR 16330; April 16, analyzed in the initial IHA (e.g., same NAO 216–6A that would preclude this 2018) and issued IHA (83 FR 45897; location, equipment, methods, categorical exclusion under NEPA. September 11, 2018). These documents, seasonality). The initial IHA analyzed We will review all comments as well as WSDOT’s initial IHA the potential impacts to marine submitted in response to this notice application and the preliminary mammals from the relocation of one prior to making a final decision as to monitoring report for the previously dolphin each at the Edmonds and whether application of this CE is issued IHA, are available at: https:// Bremerton ferry terminals to appropriate in this circumstance. www.fisheries.noaa.gov/action/ accommodate the Olympic Class ferries. incidental-take-authorization- WSDOT completed all planned History of Request washington-state-department- activities at the Edmonds ferry terminal On August 24, 2018, NMFS issued an transportation-ferry-terminal. in the 2018–2019 in-water work period IHA to WSDOT to take marine mammals Similarly, the anticipated impacts are but no work was conducted at the incidental to Bremerton and Edmonds identical to those described in the initial Bremerton ferry terminal. The numbers Ferry Terminal Dolphin Relocation IHA. Specifically, we anticipate the take of each pile size that were planned to be Project in Washington State (83 FR of individuals of eleven marine mammal driven during the 2018–2019 work 45897; September 11, 2018), effective stocks (including four pinniped and window is shown in Table 1 of the from October 1, 2018 through seven cetacean stocks), by Level B initial proposed IHA (83 FR 16330; September 31, 2019. On May 8, 2019, harassment only, incidental to noise April 16, 2018). WETA planned to NMFS received a request for the resulting from pile driving associated install and remove a total of 30 piles in Renewal of that initial IHA. As with the proposed activities. WSDOT the 2018–2019 work window (11 at the described in the request for Renewal, was not able to complete the pile Edmonds ferry terminal and 19 at the the activities for which incidental take driving activities analyzed in the initial Bremerton ferry terminal). However, as is requested consist of activities that are IHA by the date that IHA is set to expire described above, WSDOT was only able

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to complete pile driving at the Edmonds status, distribution, and hearing, may be mammals and their habitat for the ferry terminal. Four 36-inch steel pipe found in the Notices of the proposed activities for which take is proposed piles were removed with a vibratory IHA for the initial authorization (83 FR here may be found in the Notices of the hammer and seven steel pipe piles 16330; April 16, 2018). The marine proposed IHA for the initial (three 30-inch and four 36-inch) were mammal species for which take was authorization (83 FR 16330; April 16, installed with a vibratory hammer at the authorized in the initial IHA, and for 2018). NMFS has reviewed the Edmonds ferry terminal. Construction which take is proposed in this requested monitoring data from the initial IHA, occurred on six days between January Renewal are: Pacific harbor seal (Phoca recent draft Stock Assessment Reports, 29 and February 7, 2019. WSDOT vitulina richardii), Northern elephant information on relevant Unusual therefore proposes to complete pile seal (Mirounga angustirostris), Mortality Events, and other scientific driving activities at the Bremerton ferry California sea lion (Zalophus literature, and determined that neither terminal in the 2019–2020 work californianus), eastern Distinct this nor any other new information window. Population Segment (eDPS) Steller sea affects our initial analysis of impacts on The proposed activities at the lion (Eumetopias jubatus), transient marine mammals and their habitat. Bremerton ferry terminal include killer whales (Orcinus orca), gray whale vibratory installation and removal of (Eschrichtius robustus), humpback Estimated Take steel pipe piles. A total of 19 steel pipe whale (Megaptera novaeangliae), minke piles will be installed and removed at whale (Balaenoptera acutorostrata), A detailed description of the methods the Bremerton ferry terminal. One harbor porpoise (Phocoena phocoena), and inputs used to estimate take for the temporary 36-inch indicator pile will be Dall’s porpoise (Phocoenoides dalli), specified activity are found in the installed with a vibratory hammer. The and common dolphin (Delphinus Notice of proposed IHA (83 FR 16330; temporary indicator pile will be used as delphis). April 16, 2018) and issued IHA (83 FR a visual landing aid for vessel captains NMFS has reviewed the monitoring 45897; September 11, 2018) for the during construction. Once the indicator data from the initial IHA, recent draft initial authorization. The pile driving pile is in place, the 6 36-inch piles that Stock Assessment Reports, information equipment that may result in take, as comprise the left outer dolphin will be on relevant Unusual Mortality Events, well as the source levels, marine removed with a vibratory hammer and other scientific literature. The 2018 mammal stocks taken, and the methods and/or by direct pull and clamshell Stock Assessment Report notes that the of take estimation remain unchanged removal. Using a vibratory hammer, estimated abundance of California sea from the previously issued IHA. three 30-inch reaction piles will be lions has decreased slightly and the Changes in the density of seven stocks installed as a back group of piles to estimated abundances of Eastern North are indicated below, though they result provide stability to the dolphin. A Pacific gray whales and California/ in only minor changes in the take concrete diaphragm atop the back piles Oregon/Washington humpback whales estimates that do not affect our findings, will be installed, followed by four increased slightly. Additionally, since as described. additional 30-inch reaction piles January 1, 2019, elevated gray whale Authorized takes would be by Level B installed with a vibratory hammer. strandings have occurred along the west harassment only, in the form of Three 36-inch steel pipe fender piles coast of North America from Mexico disruption of behavioral patterns for will be installed with a vibratory through Alaska. NMFS declared an individual marine mammals resulting hammer. Fenders and rub panels will be Unusual Mortality Event on May 31, from exposure to acoustic sources (i.e., installed to absorb energy from the 2019. As of June 27, 2019, a total of 85 vibratory pile driving). Based on the vessel as it makes contact with the gray whales have stranded along the nature of the activity and the dolphin. Finally, using a vibratory U.S. coast, with a combined additional anticipated effectiveness of the hammer, the 36-inch temporary 86 whales stranded in Mexico and mitigation measures (i.e., shutdowns) indicator pile will be removed and Canada. Full or partial necropsy discussed in detail below in Proposed reinstalled as the last fender pile. examinations have been conducted on a Mitigation section, Level A harassment Vibratory removal of both 30- and 36- subset of the stranded gray whales. is neither anticipated nor proposed to be inch piles is expected to take up to 15 Preliminary findings in several of the authorized. minutes per pile. Vibratory installation whales have shown evidence of of 30- and 36-inch piles is expected to emaciation. However, neither this nor As described above, WSDOT take up to 20 minutes per pile. any other new information affects which completed all pile driving activities at Underwater sound resulting from pile species or stocks have the potential to the Edmonds ferry terminal in the 2018– driving could result in the harassment be affected or the pertinent information 2019 in-water work period and proposes of marine mammals. The proposed in the Description of the Marine to install and remove a total of 19 piles Renewal would be effective from August Mammals in the Area of Specified at the Bremerton ferry terminal in the 1, 2019 through July 31, 2020. Activities contained in the supporting 2019–2020 work period to complete the documents for the initial IHA. project. All piles to be installed and Description of Marine Mammals removed at the Bremerton ferry terminal A description of the marine mammals Potential Effects on Marine Mammals would be 30- and 36-inch steel pipe in the area of the activities for which and Their Habitat piles. The number of piles for each authorization of take is proposed here, A description of the potential effects respective size and element are shown including information on abundance, of the specified activity on marine in Table 1.

TABLE 1—NUMBER AND SIZES OF PILES PROPOSED FOR INSTALLATION AND REMOVAL, AND ESTIMATED DURATION OF PILE DRIVING

Size Number of Duration/pile Number of Duration Pile element Method (inch) piles (min) piles per day (days)

Indicator pile ...... Vibratory install ...... 36 1 20 1 1

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TABLE 1—NUMBER AND SIZES OF PILES PROPOSED FOR INSTALLATION AND REMOVAL, AND ESTIMATED DURATION OF PILE DRIVING—Continued

Size Number of Duration/pile Number of Duration Pile element Method (inch) piles (min) piles per day (days)

Indicator pile ...... Vibratory removal ...... 36 1 15 1 1 Existing dolphin ...... Vibratory removal ...... 36 6 15 3 2 Relocate dolphin install ...... Vibratory install ...... 36 4 20 3 2 Relocated dolphin install ..... Vibratory install ...... 30 7 20 3 3

Total ...... 19 345 ...... 9

Distances to the isopleths in the Notice of proposed IHA (83 FR TABLE 2—DISTANCES TO ISOPLETHS corresponding to the Level B 16330; April 16, 2018) for the initial CORRESPONDING TO THE LEVEL B harassment threshold for each pile size IHA. These methods have not changed HARASSMENT THRESHOLD are shown in Table 2. Distances to the from the initial IHA, and all values isopleths corresponding to the Level A shown in Tables 2 and 3 have not Distance harassment thresholds for the various changed from the initial IHA. to Level B Pile driving activity harassment marine mammal functional hearing threshold groups, by pile size and duration of pile (m) driving, are shown in Table 3. Descriptions of the modeling methods 36-inch steel pile (installation used to determine the distances shown and removal) ...... 63,100 30-inch steel pile (installation) .. 39,800 in Tables 2 and 3 are described in detail

TABLE 3—DISTANCES TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS

Distance to Level A harassment threshold Pile driving activity (m) LF Cetacean MF Cetacean HF Cetacean Phocid Otariid

36-inch indicator pile install (1 pile/day) ...... 10 10 25 10 10 36-inch indicator pile removal (1 pile/day) ...... 10 10 10 10 10 36-inch steel pile (existing dolphin) removal (3 piles/day) .. 25 10 35 10 10 36-inch steel pile (relocated dolphin) install (3 piles/day) ... 25 10 35 10 10 30-inch steel pile (relocated dolphin) install (3 piles/day) ... 25 10 25 10 10

As the number of pile driving days monitor such small zones to implement mammals were used here, the method of that would occur in this year of activity shutdown measures and avoid Level A calculating estimated takes remains is less than the number of pile driving takes. Therefore, no Level A take of identical to that used in the initial IHA. days analyzed in the initial IHA, the marine mammal is anticipated nor For all marine mammals except number of takes estimated to occur in proposed to be authorized for the pile California sea lions, takes were the 2019–2020 work season, and driving activities at the Bremerton ferry calculated by multiplying the ensonified requested for this Renewal, has changed terminal. area by the average animal density in from the number of takes authorized in To inform take estimates in the initial the area (U.S. Navy 2019) and the the initial IHA. Take numbers IHA, marine mammal densities were number of days of pile driving (9 days), authorized in the initial IHA are shown taken from the U.S. Navy’s Marine rounded up to the nearest integer. Take in Table 7 in the Notice of issued IHA Species Density Database (MSDD; U.S. of California sea lions was calculated by (83 FR 45897; September 11, 2018), Navy 2015). Since then, the Navy has multiplying the average number of available at: https:// published an updated MSDD for the California sea lions sighted in daily www.fisheries.noaa.gov/action/ Phase III Northwest Training and monitoring at the U.S. Navy’s Bremerton incidental-take-authorization- Testing Study Area with updated Shipyard (69 animals) by the number of washington-state-department- densities for marine mammal species in days of pile driving (9 days). transportation-ferry-terminal. the inland waters of Puget Sound (U.S. Using the take calculation method The number of takes requested for this Navy 2019). In the 2019 MSDD, described above (area x density x days) Renewal, for each marine mammal densities of harbor seals, northern resulted in estimated zero takes of some stock, are shown in Table 4. Auditory elephant seals, gray whales, and species, despite possible presence in the injury (i.e., Level A harassment) is humpback whales increased from those project area. In these cases, take was unlikely to occur for any species or presented in the 2015 MSDD, while estimated by incorporating typical stock, given the small injury zones. densities of harbor porpoises, Dall’s group size and/or potential for Since the largest Level A distance is porpoises, and transient killer whales occurrence during the project work only 35 m from the source for high- decreased. The densities of Steller sea period. Specifically, take of northern frequency cetaceans (harbor porpoise lion and minke whale remained the elephant seals was calculated by and Dall’s porpoise, Table 3), NMFS same in both iterations of the MSDD. assuming one seal may be present each expects that WSDOT can effectively While updated densities for marine day for a total of nine takes by Level B

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harassment. Take of transient killer anticipated or requested for this terminal in the initial IHA to 64 takes whales was calculated by assuming one Renewal. by Level B harassment proposed for take group of six killer whales (mean group Here, we describe in summary how by Level B harassment here. This size (Shields et al., 2018)) may enter the the changes in density estimates affect represents a seven percent decrease. Level B harassment zone twice over the the take estimates in this requested Since the number of harbor porpoises course of the project for a total of 12 Renewal in relation to the take estimates estimated to be taken by Level B takes by Level B harassment. Takes of in the initial IHA. For some species, the harassment here are fewer than that gray whales, humpback whales, and updated density estimates had no effect authorized in the initial IHA, this minke whales was estimated by on estimated take. Even with increased change has no effect on our findings. assuming one of each species may be densities, calculated takes of northern The initial IHA authorized a total of present every other day during the nine elephant seals, Southern Resident killer 2,286 Level B takes of harbor seals, with days of pile driving, for a total of five whales, transient killer whales, gray an estimated 145 harbor seals taken at whales, humpback whales, minke the Bremerton ferry terminal and 2,141 takes by Level B harassment for each whales, and common dolphins were harbor seals taken at the Edmonds ferry species. Dall’s porpoises are considered zero animals taken. For these species, terminal. Using the updated 2019 rare in Puget Sound waters (U.S. Navy the proposed take was estimated as MSDD, the calculated takes of harbor 2019) but a large group of 15 Dall’s described above, and the updated seals at the Bremerton terminal porpoises may enter the Level B densities had no effect on the number of increased to 465. While this increase is harassment zone once during pile takes. The estimated takes of two notable, the total estimated take is well driving activities. Finally, take of species were affected by the changes in below that authorized for both the common dolphins was calculated by density estimates, harbor seals and Bremerton and Edmonds ferry terminals assuming one group of seven dolphins harbor porpoises. in the initial IHA. Additionally, the (mean group size (CRC 2017)) may enter The estimated density of harbor monitoring report from pile driving the Level B harassment zone once over porpoises decreased from the 2015 completed at the Edmonds terminal the course of the project. No takes of MSDD (used to calculate takes in the reports only 37 harbor seals taken by Southern Resident killer whales were initial IHA) to the 2019 MSDD. As a Level B harassment, indicating that the calculated, and due to mitigation result, the calculated take estimate actual number of animals that occur are measures proposed by WSDOT decreased, from 69 takes by Level B far below the number of takes (described in detail below), no takes are harassment at the Bremerton ferry authorized.

TABLE 4—TOTAL TAKES PROPOSED FOR RENEWAL

Species Level B Level A Total

Harbor seal ...... 465 0 a 465 Northern elephant seal ...... 9 0 9 California sea lion ...... 621 0 621 Steller sea lion ...... 6 0 6 Southern Resident killer whale ...... 0 0 0 Transient killer whale ...... 12 0 12 Gray whale ...... 5 0 5 Humpback whale ...... 5 0 5 Minke whale ...... 5 0 5 Harbor porpoise ...... 64 0 b 64 Dall’s porpoise ...... 15 0 15 Common dolphin ...... 7 0 7 a Take estimate increased from initial IHA due to increased density. b Take estimate decreased from initial IHA due to decreased density.

Description of Proposed Mitigation, the end of the 30-minute pre-activity activity may not resume or commence Monitoring and Reporting Measures monitoring period, provided observers until either the animal has voluntarily have determined that the shutdown left and been visually confirmed beyond The proposed mitigation, monitoring, zone (described below) is clear of the shutdown zone and 15 or 30 and reporting measures included as marine mammals, which includes minutes (for pinnipeds/small cetaceans requirements in this authorization are delaying start of pile driving activities if or large cetaceans, respectively) have identical to those included in the Notice a marine mammal is sighted in the zone, passed without re-detection of the announcing the issuance of the initial as described below. A determination animal. Pile driving activities include IHA (83 FR 45897; September 11, 2018), that the shutdown zone is clear must be the time to install or remove a single and the discussion of the least made during a period of good visibility pile or series of piles, as long as the time practicable adverse impact included in (i.e., the entire shutdown zone and elapsed between uses of the pile driving that document remains accurate. The surrounding waters must be visible to equipment is no more than thirty following measures are proposed for the naked eye). minutes. this renewal: If a marine mammal approaches or To prevent Level A harassment of Pre-activity monitoring will take place enters the shutdown zone during marine mammals, WSDOT must from 30 minutes prior to initiation of activities or pre-activity monitoring, all establish shutdown zones equivalent to pile driving activity and post-activity pile driving activities at that location the Level A harassment zones. If the monitoring will continue through 30 shall be halted or delayed, respectively. Level A harassment zone is less than 10 minutes post-completion of pile driving If pile driving is halted or delayed due m, a minimum 10 m shutdown zone activity. Pile driving may commence at to the presence of a marine mammal, the must be enforced. The required

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shutdown zones are presented in Table 5.

TABLE 5—SHUTDOWN DISTANCES FOR PILE DRIVING ACTIVITIES

Shutdown distance (m) Pile type, size & pile driving method LF cetacean MF cetacean HF cetacean Phocid Otariid

36-inch indicator pile installation ...... 10 10 25 10 10 36-inch indicator pile removal ...... 10 10 10 10 10 36-inch steel dolphin pile removal ...... 25 10 35 10 10 36-inch steel dolphin pile installation ...... 25 10 35 10 10 30-inch steel dolphin pile installation ...... 25 10 25 10 10

In addition to the Level A shutdown tasks during monitoring periods. • Weather parameters and water measures described above, WSDOT WSDOT will adhere to the following conditions during each monitoring must implement shutdown measures if conditions when selecting observers: period (e.g., wind speed, percent cover, Southern Resident killer whales are • Independent PSOs must be used visibility, sea state); sighted within the vicinity of the project (i.e., not construction personnel); • The number of marine mammals and are approaching the Level B • A lead observer or monitoring observed, by species, relative to the pile harassment zone during pile driving coordinator must be designated. The location and if pile driving or removal activities. If a killer whale approaches lead observer must have prior was occurring at time of sighting; the Level B harassment zone and it is experience working as a marine • Age and sex class, if possible, of all unknown if the animal is a Southern mammal observer during construction; marine mammals observed; Resident or a transient killer whale, it • Other PSOs may substitute • PSO locations during marine must be assumed to be a Southern education (degree in biological science mammal monitoring; Resident killer whale and WSDOT must or related field) or training for • Distances and bearings of each implement the shutdown measures experience; and marine mammal observed to the pile described above. If a Southern Resident • WSDOT must submit PSO CVs for being driven or removed for each killer whale enters the Level B approval by NMFS. sighting (if pile driving or removal was harassment zone undetected, pile WSDOT must ensure that observers occurring at time of sighting); driving must cease upon observation of have the following additional • Description of any marine mammal the animal and must be suspended until qualifications: behavior patterns during observation, the animal exits the Level B harassment • Ability to conduct field including direction of travel; • zone. observations and collect data according Number of individuals of each If a species for which authorization to assigned protocols; species (differentiated by month as has not been granted, or a species for • Experience or training in the field appropriate) detected within the which authorization has been granted identification of marine mammals, monitoring zone, and estimates of but the authorized takes are met, is including the identification of number of marine mammals taken, by observed approaching or within the behaviors; species (a correction factor may be Level B harassment zones, pile driving • Sufficient training, orientation, or applied to total take numbers, as and removal activities must cease experience with the construction appropriate); immediately using delay and shutdown operation to provide for personal safety • Detailed information about any procedures. Similarly, if an animal is during observations; implementation of any mitigation observed approaching or within the • Writing skills sufficient to prepare a triggered (e.g., shutdowns and delays), a Level A harassment zones, pile driving report of observations including but not description of specific actions that and removal activities must cease limited to the number and species of ensued, and resulting behavior of the immediately. Activities must not marine mammals observed; dates and animal, if any; and resume until the animal has been times when in-water construction • Description of attempts to confirmed to have left the area or 15 or activities were conducted; dates, times, distinguish between the number of 30 minutes (pinniped/small cetacean or and reason for implementation of individual animals taken and the large cetacean, respectively) has mitigation (or why mitigation was not number of incidences of take, such as elapsed. implemented when required); and ability to track groups or individuals. For all pile driving activities, a marine mammal behavior; and WSDOT must submit a draft minimum of three Protected Species • Ability to communicate orally, by monitoring report within 90 days after Observers (PSOs) will be required, two radio or in person, with project completion of the construction work or land-based and one vessel-based. One personnel to provide real-time the expiration of the IHA, whichever PSO must be stationed at the active pile information on marine mammals comes earlier. This report must include driving rig or at the best vantage point observed in the area as necessary. the information described above. A final practicable to monitor the shutdown PSOs must collect the following report must be prepared and submitted zones for marine mammals and information during marine mammal to NMFS within 30 days following implement shutdown or delay monitoring: resolution of comments from NMFS on procedures when applicable through • Dates and times (begin and end) of the draft report. If NMFS has no communication with the equipment all marine mammal monitoring; comments on the draft report, the draft operator. • Construction activities occurring will be considered the final report. Monitoring of pile driving must be during each daily observation period, In addition, NMFS would require conducted by qualified PSOs (see including how many and what type of WSDOT to notify NMFS’ Office of below) who have no other assigned piles were driven or removed; Protected Resources and NMFS’ West

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Coast Region Stranding Coordinator Register and an additional 15-day concluded that the effects of the within 48 hours of sighting an injured public comment period at the time the requested Renewal would be the same or dead marine mammal in the Renewal IHA is requested. NMFS also or less than those that were analyzed in construction site. WSDOT must provide will provide direct notice of the the Notices of the initial proposed IHA NMFS and the Stranding Network with requested Renewal to those who and issued IHA. the species or description of the commented on the initial IHA, to NMFS has preliminarily concluded animal(s), the condition of the animal(s) provide an opportunity to submit any that there is no new information (including carcass condition, if the additional comments. suggesting that our analysis or findings animal is dead), location, time of first We appreciate the Commission’s should change from those reached for discovery, observed behaviors (if alive), suggestion that NMFS discuss the the initial IHA. This includes and photo or video (if available). In the potential for IHA Renewals through a consideration of the estimated event that WSDOT finds an injured or more general route, such as a abundance of California sea lions dead marine mammal that is not in the rulemaking. However, utilizing the decreasing and the estimated construction area, WSDOT must report public comment process associated with abundances of gray whales and the same information as listed above to IHAs is more efficient for the agency, humpback whales increasing, as well as NMFS as soon as operationally feasible. while still providing for appropriate the ongoing gray whale Unusual public input into NMFS’ decision- Public Comments Mortality Event, none of which are making. Further, NMFS’ recent expected to change our assessment of As noted previously, NMFS published modification to the Renewal process the effects of the takes from this activity. a notice of a proposed IHA (83 FR (i.e., soliciting additional public Based on the information and analysis 16330; April 16, 2018) and solicited comment at the time of a Renewal contained here and in the referenced public comments on both our proposal request) should alleviate the documents, NMFS has determined the to issue the initial IHA for pile driving Commission’s concern about the lack of following: (1) The required mitigation at the Bremerton and Edmonds ferry additional public comment and need for measures will effect the least practicable terminals and on the potential for a a more general rulemaking. impact on marine mammal species or Renewal, should certain requirements For more information, NMFS has stocks and their habitat; (2) the be met. All public comments were published a description of the Renewal addressed in the notice announcing the process on our website (available at authorized takes will have a negligible issuance of the initial IHA (83 FR 45897; www.fisheries.noaa.gov/national/ impact on the affected marine mammal September 11, 2018). Below, we marine-mammal-protection/incidental- species or stocks; (3) the authorized describe how we have addressed, with harassment-authorization-renewals). takes represent small numbers of marine updated information where appropriate, mammals relative to the affected stock Preliminary Determinations any comments received that specifically abundances; (4) WSDOT activities will pertain to the Renewal of the 2018 IHA. WSDOT’s proposed activity is not have an unmitigable adverse impact Comment: The Marine Mammal identical to the activity analyzed in our on taking for subsistence purposes as no Commission (Commission) requested previously issued Notices of proposed relevant subsistence uses of marine clarification of certain issues associated IHA and issued IHA (with the exception mammals are implicated by this action, with NMFS’s notice that one-year of the number of piles proposed for and; (5) appropriate monitoring and Renewals can be issued in certain installation and removal, which is less reporting requirements are included. limited circumstances and expressed than the number analyzed in those Endangered Species Act concern that the process would bypass documents). We concluded that the the public notice and comment initial IHA would have a negligible Section 7(a)(2) of the Endangered requirements. The Commission also impact on all marine mammal stocks Species Act of 1973 (ESA: 16 U.S.C. suggested that NMFS should discuss the and species and that the taking would 1531 et seq.) requires that each Federal possibility of Renewals through a more be small relative to population sizes. agency insure that any action it general route, such as a rulemaking, The marine mammal information, authorizes, funds, or carries out is not instead of notice in a specific potential effects, and the mitigation and likely to jeopardize the continued authorization. The Commission further monitoring measures remain the same existence of any endangered or recommended that if NMFS did not as those analyzed in the previously threatened species or result in the pursue a more general route, that the issued Notices of proposed IHA and destruction or adverse modification of agency provide the Commission and the issued IHA, therefore the extensive designated critical habitat. To ensure public with a legal analysis supporting analysis, as well as the associated ESA compliance for the issuance of our conclusion that this process is findings, included in the prior IHAs, NMFS consults internally, in this consistent with the requirements of documents remain applicable. case with the West Coast Region section 101(a)(5)(D) of the MMPA. The only differences between the Protected Resources Division, whenever Response: The notice of the proposed initial IHA and this requested Renewal we propose to authorize take for initial IHA expressly notified and is that the number of piles proposed for endangered or threatened species. The invited comment from the public on the installation and removal, and the effects of this proposed federal action possibility that under certain, limited numbers of marine mammal takes were adequately analyzed in NMFS’ conditions the applicant could seek a expected to occur incidental to the Biological Opinion for the Bremerton Renewal IHA for an additional year. The proposed activities (including and Edmonds Ferry Terminals Dolphin notice described the conditions under consideration of changes in marine Replacement Project, dated March 22, which such a Renewal request could be mammal density for several stocks), are 2018, which concluded that the take considered and expressly sought public lower than the numbers analyzed and NMFS proposes to authorize through comment in the event such a Renewal authorized in the previously issued this IHA would not jeopardize the were sought for this action. Further, IHA. As both the number of piles and continued existence of any endangered since issuance of the initial IHA, NMFS the number of takes expected to occur, or threatened species or destroy or has modified the Renewal process to and requested, for this Renewal, are adversely modify any designated critical provide notice through the Federal lower than in the initial IHA, we have habitat.

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Requested Renewal and Request for • Electronic Submission: Submit all estimated the value of the fishery failure Public Comment electronic public comments via the to be approximately $5 million. After considering results of damage As a result of these preliminary Federal e-Rulemaking Portal. Go to assessment reports, the Secretary of determinations, NMFS proposes to issue https://www.regulations.gov/ Commerce determined that a an IHA Renewal to WSDOT for #!docketDetail;D=NOAA-NMFS-2019- commercial fishery failure occurred for conducting pile driving at the 0075, click the ‘‘Comment Now!’’ icon, the bottomfish fishery in AS due to a Bremerton ferry terminal during the complete the required fields, and enter or attach your comments. fisheries resource disaster. The August 1, 2019 through February 15, • Secretary noted that the tsunami caused 2020 in-water work window, provided Mail: Send written comments to Michael D. Tosatto, Regional significant loss of access to the fishery the previously described mitigation, resource and revenues declines and the monitoring, and reporting requirements Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd., Bldg. effects met with criteria in Magnuson- are incorporated. A draft of the Stevens Act section 312(a) and IFA proposed IHA can be found at https:// 176, Honolulu, HI 96818. Instructions: Comments sent by any section 308(b). www.fisheries.noaa.gov/permit/ other method, to any other address or In 2014, Congress appropriated incidental-take-authorizations-under- individual, or received after the end of disaster relief funding for NMFS to marine-mammal-protection-act. We the comment period, may not be provide assistance to AS. DMWR request comment on our analyses, the considered by NMFS. All comments proposes to use these funds to build a proposed Renewal, and any other aspect received are a part of the public record small community boat ramp at the of this Notice. Please include with your and will generally be posted for public southwestern-most terminus of Pago comments any supporting data or viewing on http://www.regulations.gov Pago Harbor, and a small ice house at literature citations to help inform our without change. All personal identifying the DMWR administrative work station final decision on the request for MMPA information (e.g., name, address, etc.), in Fagatogo (at Pago Pago Harbor). The authorization. confidential business information, or boat ramp would relieve boat traffic Dated: July 5, 2019. otherwise sensitive information congestion in the area and result in Donna S. Wieting, submitted voluntarily by the sender will improved launching and return of Director, Office of Protected Resources, be publicly accessible. NMFS will fishing vessels. The ice house would National Marine Fisheries Service. accept anonymous comments (enter ‘‘N/ house and protect ice machines that [FR Doc. 2019–14683 Filed 7–9–19; 8:45 am] A’’ in the required fields if you wish to produce ice used by bottomfish BILLING CODE 3510–22–P remain anonymous). fishermen to maintain the quality of the fish they harvest. FOR FURTHER INFORMATION CONTACT: NMFS has produced a draft EA to Phyllis Ha, Sustainable Fisheries, NMFS evaluate the environmental effects of DEPARTMENT OF COMMERCE PIR, tel 808–725–5000. building the boat ramp and ice house. National Oceanic and Atmospheric SUPPLEMENTARY INFORMATION: On The draft EA shows that the Administration September 29, 2009, a submarine construction includes several provisions earthquake in the Pacific generated a intended to protect water quality in the RIN 0648–XP001 tsunami that caused widespread harbor and prevent large adverse effects damage, loss of life, and injuries in AS on wildlife. NMFS is seeking public Pacific Island Fisheries; American and elsewhere. The waves damaged comments on the draft EA. Samoa Bottomfish Fishery Disaster coastal areas of Tutuila and the other AS Relief islands. After President Obama declared Dated: July 5, 2019. a major disaster in the Territory of Jennifer M. Wallace, AGENCY: National Marine Fisheries American Samoa (DR–1859; September Acting Director, Office of Sustainable Service (NMFS), National Oceanic and 29, 2009), the Governor of American Fisheries, National Marine Fisheries Service. Atmospheric Administration (NOAA), Samoa sought fishery disaster assistance [FR Doc. 2019–14668 Filed 7–9–19; 8:45 am] Commerce. in accordance with processes provided BILLING CODE 3510–22–P ACTION: Notice of availability of a draft in the Magnuson-Stevens Fishery environmental assessment; request for Conservation and Management Act comments. (Magnuson-Stevens Act) and the Inter- COMMODITY FUTURES TRADING jurisdictional Fisheries Act (IFA). COMMISSION SUMMARY: NMFS announces the Damage assessment reports prepared availability of a draft environmental by the DMWR, the Western Pacific Request for Nominations for the assessment (EA) of the potential effects Fishery Management Council (Council), Climate-Related Market Risk of two construction projects. The EA and NMFS documented extensive Subcommittee Under the Market Risk would support the release by NMFS of damage to the harbor and floating docks Advisory Committee Congressionally-appropriated funds for in Pago Pago, damaged and destroyed AGENCY: Commodity Futures Trading disaster relief in the American Samoa alia (small fishing vessels), fishing gear, (AS) bottomfish fishery. The AS Commission. infrastructure, as well as lost fishing ACTION: Notice. Department of Marine and Wildlife opportunities resulting in reduced food Resources (DMWR) would use the funds supply and income from the bottomfish SUMMARY: The Commodity Futures to construct a boat ramp and ice house fishery. The formerly productive and Trading Commission (CFTC or in Pago Pago Harbor. profitable bottomfish fishery was Commission) is requesting nominations DATES: NMFS must receive comments estimated to have lost 80% of its for membership on the Climate-Related by July 25, 2019. revenue after the tsunami. The Council Market Risk Subcommittee ADDRESSES: You may submit comments reported that 17 vessels (50 percent of (Subcommittee) under the Market Risk on this document, identified by NOAA– the fleet) were damaged or destroyed Advisory Committee (MRAC). The NMFS–2019–0075, by either of the and lost income was estimated to be MRAC is a discretionary advisory following methods: around $200,000. The AS government committee established by the

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Commission in accordance with the stakeholder organizations and entities efforts to identify, manage and mitigate Federal Advisory Committee Act. throughout the derivatives and financial climate-related financial and market DATES: The deadline for the submission markets. The Subcommittee may also risks, consultation with knowledgeable of nominations is September 9, 2019. include regular government employees persons outside the CFTC, and requests ADDRESSES: Nominations should be when doing so furthers its purpose. It is to be represented received from emailed to [email protected] anticipated that the Subcommittee will organizations. The office of the or sent by hand delivery or courier to hold at least three in-person or Commissioner primarily responsible for Alicia L. Lewis, MRAC Designated telephonic meetings per year. the MRAC and the Subcommittee plays Federal Officer and Special Counsel to Subcommittee members serve at the a primary, but not exclusive, role in this Commissioner Rostin Behnam, pleasure of the Commission. process and makes recommendations Commodity Futures Trading Subcommittee members do not receive regarding membership to the Commission, Three Lafayette Centre, compensation or honoraria for their Commission. The Commission, by vote, 1155 21st Street NW, Washington, DC services, and they are not reimbursed authorizes members to serve on MRAC 20581. Please use the title ‘‘MRAC for travel and per diem expenses. subcommittees. The Subcommittee members will Climate-Related Market Risk (Authority: 5 U.S.C. App. II) include individuals who are members of Subcommittee’’ for any nominations the MRAC and/or other individuals. For Dated: July 3, 2019. you submit. these other individuals who are not Robert Sidman, FOR FURTHER INFORMATION CONTACT: serving on the MRAC currently, the Deputy Secretary of the Commission. Alicia L. Lewis, MRAC Designated Commission seeks nominations of [FR Doc. 2019–14638 Filed 7–9–19; 8:45 am] Federal Officer and Special Counsel to individuals from a wide range of BILLING CODE 6351–01–P Commissioner Rostin Behnam at (202) perspectives, including from industry, 418–5862 or email: [email protected]. academia, the government, and public SUPPLEMENTARY INFORMATION: The interest. To advise the MRAC DEPARTMENT OF EDUCATION Subcommittee was established to effectively, Subcommittee members provide a report to the MRAC that will must have a high-level of expertise and Privacy Act of 1974; System of identify and examine climate change- experience with: Financial and market Records related financial and market risks, risks from climate change, including including for derivatives markets. efforts to assess, manage and mitigate AGENCY: Office of Special Education and Within this charge, the Subcommittee such risks through risk management, Rehabilitative Services and Office of may consider, but is not limited to, the governance, stress testing, disclosure, Elementary and Secondary Education, following issues and topics: scenario analysis; evaluating the U.S. Department of Education. • Identifying challenges or potential impact of such risks on the ACTION: Notice of a modified system of impediments to evaluating and derivatives and financial markets, as records; and, rescindment of a system of managing climate-related financial and well as on the economy and financial records notice. market risks; stability generally; and the Commodity • Identifying how market participants Exchange Act and Commission SUMMARY: In accordance with the can improve integration of climate- regulations thereunder. To the extent Privacy Act of 1974, as amended related scenario analysis, stress testing, practicable, the Commission will strive (Privacy Act), the Department of governance initiatives, and disclosures to select members reflecting wide Education (Department) publishes this into financial and market risk ethnic, racial, gender, and age notice of a modified system of records assessments and reporting; representation. entitled the ‘‘Personnel Development • Identifying policy initiatives and The Commission invites the Program Data Collection System best practices for risk management and submission of nominations for (PDPDCS)’’ (18–16–04), formerly named disclosure of financial and market risks Subcommittee membership. Each the ‘‘Special Education—Individual related to climate change that support nomination submission should include Reporting on Regulatory Compliance financial stability; and the proposed member’s name, title, Related to the Personnel Development • Identifying appropriate methods by organization affiliation and address, Program’s Service Obligation and the which market participants’ data and email address and telephone number, as Government Performance and Results analyses can enhance and contribute to well as information that supports the Act of 1993 (GPRA),’’ and this the assessment of climate-related individual’s qualifications to serve on rescindment of a system of records financial and market risks and their the Subcommittee. The submission notice entitled ‘‘Indian Education— potential impacts on agricultural should also include the name, email Individual Reporting on Regulatory production, energy, food, insurance, real address and telephone number of the Compliance Related to the Indian estate, and other financial stability person nominating the proposed Education Professional Development indicators. Subcommittee member. Self- program’s Service Obligation and the The Subcommittee will provide its nominations are acceptable. Government Performance and Results report directly to the MRAC and will Submission of a nomination is not a Act of 1993 (GPRA)’’ (18–14–05). not provide reports and/or guarantee of selection as a member of DATES: Submit your comments on this recommendations directly to the the Subcommittee. As noted in the notice of a modified system of records Commission. The Subcommittee has no MRAC’s Membership Balance Plan, the and this rescindment of a system of authority to make decisions on behalf of Commission seeks to ensure that the records notice on or before August 9, the MRAC, and no determination of fact membership of a subcommittee is 2019. or policy will be made by the balanced relative to the particular issues This modified system of records and Subcommittee on behalf of the addressed by the subcommittee in rescinded system of records will become Commission. question. The Commission will identify applicable upon publication in the Subcommittee members will generally members for the Subcommittee based on Federal Register on July 10, 2019. New serve as representatives and provide Commissioners’ and Commission staff routine use (10) and modified routine advice reflecting the views of professional knowledge of ongoing uses (1), (2), (3), (5), and (9) listed under

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the section entitled ‘‘ROUTINE USES FOR FURTHER INFORMATION CONTACT: scholars from grants awarded to IHEs OF RECORDS MAINTAINED IN THE Personnel Development Program Data and other eligible entities by OESE, SYSTEM, INCLUDING CATEGORIES Collection System Manager, Research to OIE’s Professional Development, and OF USERS AND PURPOSES OF SUCH Practice Division, Office of Special OSERS, RSA’s RLTT discretionary grant USES’’ in the modified system of Education Programs, Office of Special programs. As described below, RSA will records will become applicable on Education and Rehabilitative Services, adopt the PDPDCS to collect data on its August 9, 2019, unless the modified U.S. Department of Education, 550 12th training programs. There is no existing system of records notice needs to be Street SW, Washington, DC 20202–2600. system of records for the RSA to track changed as a result of public comment. Telephone: (202) 245–7395. the progress toward completion of a The Department will publish any If you use a telecommunications scholar’s service obligation. significant changes resulting from device for the deaf (TDD) or a text The Department is modifying the public comment. telephone (TTY), you may call the section entitled ‘‘SYSTEM NAME AND ADDRESSES: Submit your comments Federal Relay Service (FRS), toll-free, at NUMBER’’ from ‘‘Special Education— through the Federal eRulemaking Portal 1–800–877–8339. Individual Reporting on Regulatory or via postal mail, commercial delivery, SUPPLEMENTARY INFORMATION: The Compliance Related to the Personnel or hand delivery. We will not accept PDPDCS contains records on Development Program’s Service comments submitted by fax or by email individuals who are recipients of Obligation and the Government 1 or those submitted after the comment funding (scholars ) from grants awarded Performance and Results Act of 1993 period. To ensure that we do not receive to institutions of higher education (GPRA)’’ (18–16–04) to ‘‘Personnel Development Program Data Collection duplicate copies, please submit your (IHEs) and other eligible entities System (PDPDCS)’’ (18–16–04). comments only once. In addition, please (grantees) by the Office of Special The Department is modifying the include the Docket ID at the top of your Education and Rehabilitative Services (OSERS), Office of Special Education section entitled ‘‘SECURITY comments. CLASSIFICATION’’ to indicate that the • Federal eRulemaking Portal: Go to Programs’ (OSEP) Personnel Development to Improve Services and system is unclassified. www.regulations.gov to submit your The Department is modifying the comments electronically. Information Results for Children with Disabilities Program (Personnel Development section entitled ‘‘SYSTEM on using Regulations.gov, including LOCATION(S)’’ to reflect the current instructions for accessing agency Program), the Office of Elementary and Secondary Education (OESE), Office of names and addresses of the contractor documents, submitting comments, and and subcontractor who maintain the viewing the docket, is available on the Indian Education’s (OIE) Professional Development discretionary grant records in the system. site under the ‘‘help’’ tab. The Department is modifying the • Postal Mail, Commercial Delivery, program, and the OSERS, Rehabilitation Services Administration’s (RSA) section entitled ‘‘SYSTEM or Hand Delivery: If you mail or deliver Rehabilitation Long-Term Training MANAGER(S)’’ to update the title, your comments about this modified (RLTT) discretionary grant program. business address, and contact system of records and rescindment of a The PDPDCS allows the Department information of the Department official system of records notice, address them to fulfill its responsibility for ensuring in Research to Practice Division, OSEP, to: Personnel Development Program grantee and scholar compliance with OSERS, who will serve as the system Data Collection System Owner, program requirements. The system also manager. Research to Practice Division, Office of affords registered Department officials The Department is modifying the Special Education Programs, Office of read-only access to scholar records to sections entitled ‘‘AUTHORITY FOR Special Education and Rehabilitative monitor compliance and respond to MAINTENANCE OF THE SYSTEM,’’ Services, U.S. Department of Education, inquiries. ‘‘PURPOSE(S) OF THE SYSTEM,’’ 550 12th Street SW, Washington, DC Through the affected programs, IHEs ‘‘CATEGORIES OF INDIVIDUALS 20202–2600. Telephone: (202) 245– and other eligible entities provide COVERED BY THE SYSTEM,’’ 7395. Department funds to individuals who ‘‘CATEGORIES OF RECORDS IN THE Privacy Note: The Department’s agree to perform a service obligation. SYSTEM,’’ ‘‘RECORD SOURCE policy is to make all comments received Scholars who do not satisfy their service CATEGORIES,’’ and ‘‘POLICIES AND from members of the public available for obligation or other applicable program PRACTICES FOR STORAGE OF public viewing in their entirety on the requirements must repay all or a part of RECORDS’’ to account for the OIE and Federal eRulemaking Portal at the funding received in accordance with RSA records being integrated into the www.regulations.gov. Therefore, program regulations. The modified PDPDCS system, in addition to the commenters should be careful to system of records announced in this previously maintained OSEP records. include in their comments only notice is required to track scholars’ The section entitled ‘‘PURPOSE(S) OF information that they wish to make enrollment, employment, and THE SYSTEM’’ is further being updated publicly available. fulfillment of the terms of their service to broaden the purposes to include Assistance to Individuals with obligations. additional purposes of serving as a Disabilities in Reviewing the The PDPDCS system of records is resource for program improvement and Rulemaking Record: On request we will being modified to include records on grant monitoring and, informing provide an appropriate accommodation program and budgetary planning. or auxiliary aid to an individual with a 1 The Office of Special Education Programs Additionally, the Department is disability who needs assistance to (OSEP) and the Rehabilitation Services modifying the section entitled Administration (RSA) refer to individuals receiving review the comments or other OSEP and RSA grant funds, respectively, as ‘‘CATEGORIES OF RECORDS IN THE documents in the public rulemaking ‘‘scholars.’’ The Office of Indian Education (OIE) SYSTEM’’ to specify that the record on record for this notice. If you want to refers to individuals receiving OIE grant funds as the number of years a scholar needs to schedule an appointment for this type of ‘‘participants.’’ For purposes of this Notice of a work to satisfy the service obligation Modified System of Records and this Rescindment accommodation or auxiliary aid, please of a System of Records Notice, the term ‘‘scholars’’ must be ‘‘in eligible employment;’’ the contact the person listed under FOR is used to describe individuals receiving grant Department may ask questions to IHEs, FURTHER INFORMATION CONTACT. funds from OSEP, RSA, or OIE. as well as scholars, about topics related

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to program performance measures; its information systems, programs, and and write access, to the system; and, to program performance measures may operations), the Federal Government, or explain that the system is maintained in include certification status; and, the national security. accordance with applicable National Department’s contractor will maintain The Department is modifying routine Institute of Standards and Technology periodic back-ups of records on a web- use (3) entitled ‘‘Contract Disclosure’’ to (NIST) standards. based data server that collects data on remove language that referenced The Department is modifying the scholars from grantees, scholars, and imposing safeguard requirements on the their employers. contractor ‘‘before entering into’’ the sections entitled ‘‘RECORD ACCESS The Department is also modifying the contract and that were required under PROCEDURES,’’ ‘‘CONTESTING section entitled ‘‘RECORD SOURCE subsection (m) of the Privacy Act. The RECORD PROCEDURES,’’ and CATEGORIES’’ to update the references modified language clarifies that the ‘‘NOTIFICATION PROCEDURES’’ to to the contractor and subcontractor who Department will require, as part of define and discuss the ‘‘necessary implement the web-based data applicable Department contracts, particulars’’ needed to access, contest, collection system and to clarify that contractors to whom disclosures are or be notified of a record. record source categories also may made under this routine use to agree to Finally, the Department is adding a include persons or entities who provide establish and maintain safeguards to section entitled ‘‘HISTORY’’ to comply data to the Department under the protect the security and confidentiality with the requirements in Office of routine uses set forth in the notice. of the disclosed records. Management and Budget Circular No. Additionally, the Department is The Department is removing routine A–108. modifying this section to remove use (4) entitled ‘‘Disclosure for Use by language requiring IHEs and other Other Law Enforcement Agencies’’ In addition, the ‘‘Indian Education— eligible entities to provide information because the system of records is not Individual Reporting on Regulatory on scholars who they determine will not used in a law enforcement capacity. Compliance Related to the Indian fulfill their service obligations because The Department is modifying newly Education Professional Development it is the Department’s ultimate renumbered routine use (5) entitled program’s Service Obligation and the responsibility to make this ‘‘Litigation and Alternative Dispute Government Performance and Results determination and this system of Resolution (ADR) Disclosure’’ to insert Act of 1993 (GPRA)’’ (18–14–05) system records will generate sufficient the word ‘‘person’’ in place of the word of records was first published in the information for the Department to do so. ‘‘individual,’’ to avoid any public Federal Register on January 25, 2011 Finally, the Department is modifying confusion that may have been caused by (76 FR 4334–4338); and, contains the Department’s prior use of the word this section to update the name and records on individuals who are ‘‘individual’’ given that this term is location of the Department’s accounts recipients of financial assistance from defined in the Privacy Act and to clarify receivable group to ‘‘Accounts grants awarded by OESE, OIE’s Receivables and Bank Management that references to ‘‘litigation’’ cover both Professional Development program. The Group’’ and the ‘‘Office of Finance and judicial or administrative litigation. Department is rescinding this system of Operations,’’ respectively. The Department modified newly The Department is also modifying the renumbered routine use (9) entitled records, with plans for the system’s section entitled ‘‘POLICIES AND ‘‘Research Disclosure’’ to remove functions and records to be integrated PRACTICES FOR STORAGE OF language that referenced Privacy Act into the PDPDCS. RECORDS’’ to update references to the safeguards and to clarify that Accessible Format: Individuals with Department’s contractor and researchers to whom disclosures are disabilities can obtain this document in subcontractor; to indicate that a campus made will be required to agree to an accessible format (e.g., braille, large and building security system protects establish and maintain safeguards to print, audiotape, or compact disc) on hard copy records; and, to explain that protect the security and confidentiality request to the person listed under FOR the Department’s subcontractor of the disclosed records. FURTHER INFORMATION CONTACT. maintains the electronic records on its Pursuant to the requirements in Office secure server. of Management and Budget Electronic Access to This Document: The Department is modifying routine Memorandum M–17–12 entitled The official version of this document is use (1) entitled ‘‘Program Purposes’’ to ‘‘Preparing for and Responding to a the document published in the Federal account for the OIE and RSA records Breach of Personally Identifiable Register. You may access the official being integrated into the PDPDCS Information,’’ the Department added edition of the Federal Register and the system; and, to expand routine use routine use (10) entitled ‘‘Disclosure in Code of Federal Regulations at: (1)(b) to allow for disclosures to grantees Assisting Another Agency in www.ggovinfo.gov. At this site you can for monitoring, enforcement, or Responding to a Breach of Data’’ in view this document, as well as all other technical assistance related to scholar order to permit the Department to documents of the Department published employment. disclose records from this system of in the Federal Register, in text or The Department is modifying routine records in the course of assisting Portable Document Format (PDF). To use (2) entitled ‘‘Disclosure in the another Federal agency or entity in use PDF you must have Adobe Acrobat Course of Responding to Breach of responding to a breach of data. Reader, which is available free at the Data’’ to permit the Department to The Department is modifying the site. disclose records from this system of section entitled ‘‘ADMINISTRATIVE, records in response to a suspected or TECHNICAL, AND PHYSICAL You may also access documents of the confirmed breach of the system of SAFEGUARDS’’ to specify which Department published in the Federal records; and, to explain that such Department personnel have access to Register by using the article search disclosures are limited to circumstances the system to monitor system feature at: www.federalregister.gov. where the Department determines that improvements and upgrades; to specify Specifically, through the advanced as a result of the suspected or confirmed a limited number of contractor and search feature at this site, you can limit breach, there is a risk of harm to subcontractor personnel who have your search to documents published by individuals, the Department (including administrative rights, including read the Department.

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Dated: July 5, 2019. Programs, Office of Special Education resource for program improvement and Johnny W. Collett, and Rehabilitative Services, U.S. grant monitoring; and informing Assistant Secretary for Special Education and Department of Education, 550 12th program and budgetary planning. Rehabilitative Services. Street SW, Washington, DC 20202–2600. CATEGORIES OF INDIVIDUALS COVERED BY THE Frank T. Brogan, AUTHORITY FOR MAINTENANCE 0F THE SYSTEM: SYSTEM: Assistant Secretary for Office of Elementary and Secondary Education. This system of records is authorized This system contains records on for each program office by the following individuals who are recipients of For the reasons discussed in the legal authorities: Department funds from grants awarded preamble, the Assistant Secretary for For the Office of Special Education to institutions of higher education Special Education and Rehabilitative Programs (OSEP), this system of records (IHEs) and other eligible entities by Services and the Assistant Secretary for is authorized by the Individuals with OSEP’s Personnel Development Elementary and Secondary Education, Disabilities Education Act (IDEA), 20 Program, OIE’s Professional U.S. Department of Education U.S.C. 1400 et seq., and specifically— Development discretionary grant (Department), publishes a notice of a (a) For funding distributed from program, and RSA’s Rehabilitation modified and rescinded system of grants made in Fiscal Year (FY) 2006 Long-Term Training (RLTT) records to read as follows: and after, 34 CFR 304.23 through discretionary grant program. 304.30, which implement section 662(h) RESCINDED SYSTEM NAME AND CATEGORIES OF RECORDS IN THE SYSTEM: NUMBER of IDEA for those fiscal years; (b) For funding distributed from FY This system consists of records about Indian Education—Individual 2005 grants, the notice published in the scholars who receive funding from Reporting on Regulatory Compliance Federal Register on March 25, 2005 (70 OSEP, OIE, and RSA training grants. Related to the Indian Education FR 15306), which implements section Information in this system includes Professional Development program’s 662(h) of IDEA for that fiscal year; and contact information for the grantee; the Service Obligation and the Government (c) For funding distributed from grant identification number; each Performance and Results Act of 1993 grants made for FY 2004 and earlier, 34 scholar’s name, Social Security number (GPRA) (18–14–05). CFR 304.23 through 304.30 as those (SSN), address, telephone number, HISTORY: regulations existed at that time, which email address, and alternate contact The Indian Education—Individual implemented section 673(h) of the information; name and contact Reporting on Regulatory Compliance version of IDEA that was in effect prior information of a person through whom Related to the Indian Education to December 3, 2004. the scholar can be contacted; the Professional Development program’s This system of records is also number of years the scholar needs to Service Obligation and the Government authorized by section 4 of the work in eligible employment to satisfy Performance and Results Act of 1993 Government Performance and Results the service obligation; the total amount (GPRA) system of records notice was Act of 1993 (GPRA), Public Law 103–62. of funding received; the time period published in the Federal Register on For the Office of Indian Education during which the scholar must satisfy January 25, 2011 (76 FR 4334–4338). (OIE), this system of records is the service obligation; eligible authorized by section 6122 of the employment to fulfill the service MODIFIED SYSTEM NAME AND NUMBER: Elementary and Secondary Education obligation; contact information for Personnel Development Program Data Act of 1965, as amended (ESEA) and the employers; and, as applicable, all other Collection System (PDPDCS) (18–16– related regulations in 34 CFR part 263, obligations of the scholar under the 04). subpart A. regulations. Employers will be asked to For the Rehabilitation Services verify the employment information SECURITY CLASSIFICATION: Administration (RSA), this system of provided by the scholar. In addition, Unclassified. records is authorized by the IHEs and scholars may be asked SYSTEM LOCATION(S): Rehabilitation Act of 1973, as amended questions about topics related to (1) Research to Practice Division, by title IV of the Workforce Innovation program performance measures (e.g., Office of Special Education Programs, and Opportunity Act (WIOA), which specific areas of training, certification Office of Special Education and requires program performance status, reasons for leaving the program Rehabilitative Services, U.S. Department measurement and authorizes service before completion, gender, ethnic of Education, 550 12th Street SW, obligation, as well as related regulations origin, and education history). The Washington, DC 20202–2600 in 34 CFR parts 385 and 386, et seq. contractor maintains periodic back-ups on a web-based data server that collects (2) The Department’s contractor, PURPOSE(S) OF THE SYSTEM: AnLar, maintains records at Westat Inc., data on scholars from grantees, scholars, 1600 Research Boulevard, Rockville, The information in this system is used and their employers. MD 20850. The contractor also for the following purposes: Managing all This system of records does not cover maintains a back-up on a failover server aspects of the Federal service obligation records maintained in the Department’s at a redundant data center site in an requirements for those scholars who system of records notice entitled adjacent location at 1600 Research receive Federal funds through ‘‘Education’s Central Automated Boulevard, Rockville, MD 20850. respective OSEP, RSA, and OIE grant Processing System (EDCAPS)’’ (18–04– (3) Computer Security International, programs including debt referrals to the 04) as part of the Department’s 299 Herndon Parkway, VA 20170 is the Department’s Accounts Receivable and receivables management function. location of Westat’s subcontractor, Bank Management Group (ARBMG); RECORD SOURCE CATEGORIES: where nightly back-ups of the server providing accountability for resources data are stored. expended under the OSEP, OIE, and For OSEP grants awarded prior to FY RSA training and personnel 2005 and OIE grants awarded prior to SYSTEM MANAGER(S): development programs in response to FY 2009, collection of information from System Manager, Research to Practice the Government Performance and IHEs and other eligible entities is Division, Office of Special Education Results Act (GPRA); serving as a limited to identifying information about

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scholars, their service obligation, and suspects or has confirmed that there has (v) The United States where the the amount of funding received. been a breach of the system of records; Department determines that the The information for OSEP grants (b) the Department has determined that litigation is likely to affect the awarded for FY 2005 and after, OIE as a result of the suspected or confirmed Department or any of its components. grants awarded for FY 2009 and after, breach there is a risk of harm to (b) Disclosure to DOJ. If the and RSA grants will be collected from individuals, the Department (including Department determines that disclosure grantees, scholars, and scholars’ its information systems, programs and of certain records to DOJ is relevant and employers primarily through a web- operations), the Federal Government, or necessary to the judicial or based data collection system national security; and (c) the disclosure administrative litigation or ADR, the implemented by AnLar, a contractor of made to such agencies, entities, and Department may disclose those records the Department, and Westat, a persons is reasonably necessary to assist as a routine use to DOJ. subcontractor of the Department. in connection with the Department’s (c) Adjudicative Disclosure. If the Through this system, information efforts to respond to the suspected or Department determines that it is related to tracking scholars’ enrollment, confirmed breach or to prevent, relevant and necessary to the judicial or employment, and fulfillment of the minimize, or remedy such harm. administrative litigation or ADR to terms of the service obligation and to (3) Contract Disclosure. The disclose certain records to an evaluating progress on the performance Department may disclose records to adjudicative body before which the measures for the Personnel employees of an entity with whom the Department is authorized to appear or to Development Program will be collected Department contracts when disclosure a person or entity designated by the from grantees, scholars, and the is necessary for an employee of the Department or otherwise empowered to scholars’ employers. When OSEP, OIE, entity to perform a function pursuant to resolve or mediate disputes, the or RSA determines that a scholar will the Department’s contract with the Department may disclose those records not fulfill the service obligation and entity. As part of such a contract, the as a routine use to the adjudicative must instead repay some or all of the Department shall require the contractor body, person, or entity. scholarship funds disbursed to the to agree to establish and maintain (d) Disclosure to Parties, Counsel, scholar, OSEP, OIE, or RSA, safeguards to protect the security and Representatives, or Witnesses. If the respectively, will forward applicable confidentiality of the disclosed records. Department determines that disclosure information to the Department’s (4) Enforcement Disclosure. In the of certain records to a party, counsel, Accounts Receivables and Bank event that information in this system of representative, or witness is relevant Management Group in the Office of records indicates, either on its face or in and necessary to the judicial or Finance and Operations. connection with other information, a administrative litigation or ADR, the Additionally, the Department may violation or potential violation of any Department may disclose those records collect records from other persons or applicable statute, regulation, or order as a routine use to the party, counsel, entities from which data is obtained of a competent authority, the representative, or witness. under the routine uses set forth below. Department may disclose the relevant (6) Freedom of Information Act records to the appropriate agency, (FOIA) and Privacy Act Advice ROUTINE USES OF RECORDS MAINTAINED IN THE whether foreign, Federal, State, Tribal, Disclosure. The Department may SYSTEM, INCLUDING CATEGORIES OF USERS AND or local, charged with the responsibility disclose records to DOJ or Office of PURPOSES OF SUCH USES: of investigating or prosecuting that Management and Budget (OMB) if the The Department may disclose violation or charged with enforcing or Department concludes that disclosure is information contained in a record in implementing the statute, Executive desirable or necessary in determining this system of records under the routine order, rule, regulation, or order issued whether particular records are required uses listed in this system of records pursuant thereto. to be disclosed under the FOIA or the without the consent of the individual if (5) Litigation and Alternative Dispute Privacy Act. the disclosure is compatible with the Resolution (ADR) Disclosure. (7) Disclosure to DOJ. The Department purposes for which the record was (a) Introduction. In the event that one may disclose records to DOJ to the collected. The Department may make of the parties listed in sub-paragraphs (i) extent necessary for obtaining DOJ these disclosures on a case-by-case through (v) is involved in judicial or advice on any matter relevant to an basis, or, if the Department has administrative litigation or ADR, or has audit, inspection, or other inquiry complied with the computer matching an interest in litigation or ADR, the related to the program covered by this requirements of the Privacy Act of 1974, Department may disclose certain system. as amended, under a computer records to the parties described in (8) Congressional Member Disclosure. matching agreement. paragraphs (b), (c), and (d) of this The Department may disclose the (1) Program Purposes. The routine use under the conditions records of an individual to a member of Department may disclose records from specified in those paragraphs: Congress or the member’s staff when this system of records: (i) The Department or any of its necessary to respond to an inquiry from (a) To the scholars’ employers to components; the member or the member’s staff made verify the eligible employment of (ii) Any Department employee in his at the written request of that individual. scholars who were supported by grant or her official capacity; The member’s right to the information is funding and who are fulfilling their (iii) Any Department employee in his no greater than the right of the service obligations. or her individual capacity if the U.S. individual who requested the inquiry. (b) To the grantees for monitoring, Department of Justice (DOJ) has been (9) Research Disclosure. The enforcement, or technical assistance requested to or has agreed to provide or Department may disclose records under related to the scholars’ employment. arrange for representation for the routine use to a researcher if an (2) Disclosure in the Course of employee; appropriate official of the Department Responding to Breach of Data. The (iv) Any Department employee in his determines that the individual or Department may disclose records to or her individual capacity where the organization to which the disclosure appropriate agencies, entities, and Department has agreed to represent the would be made is qualified to carry out persons when (a) the Department employee; or specific research related to functions or

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purposes of this system of records. The POLICIES AND PRACTICES FOR RETRIEVAL OF and directory and file attributes that official may disclose records from this RECORDS: limit those who can access particular system of records to that researcher Records in this system are indexed by directories and files and determine how solely for the purpose of carrying out a unique number assigned by the they can edit them. that research related to the functions or PDPDCS to each individual. All security for the system is purposes of this system of records. The maintained in accordance with POLICIES AND PRACTICES FOR RETENTION AND Moderate data sensitivity controls as researcher shall be required to agree to DISPOSAL OF RECORDS: establish and maintain safeguards to defined in National Institute of These records will be maintained and Standards and Technology Special protect the security and confidentiality disposed of in accordance with the of the disclosed records. Publication 800–53 Revision 4, records retention and disposition ‘‘Security and Privacy Controls for (10) Disclosure in Assisting Another authority approved by the National Federal Information Systems and Agency in Responding to a Breach of Archives and Records Administration Organizations.’’ Data. The Department may disclose (NARA). Until NARA approves a records from this system to another retention and disposition schedule for RECORD ACCESS PROCEDURES: Federal agency or Federal entity, when these records, the Department will not If you wish to gain access to your the Department determines that destroy or delete any records. record in the system of records, contact information from this system of records the system manager at the address listed ADMINISTRATIVE, TECHNICAL, AND PHYSICAL above. Requests should contain is reasonably necessary to assist the SAFEGUARDS: recipient agency or entity in (a) necessary particulars, such as your full Access to the records is limited to name, address, telephone number, and responding to a suspected or confirmed authorized personnel only. All physical any other identifying information breach; or (b) preventing, minimizing, or access to the Department’s site, and to requested by the Department while remedying the risk of harm to the sites of the Department’s contractor processing the request, to distinguish individuals, the recipient agency or and subcontractor, where this system of between individuals with the same entity (including its information records is maintained, is controlled and name. Your request must meet the systems, programs, and operations), the monitored by security personnel. requirements of regulations in 34 CFR Federal Government, or national The computer system employed by 5b.5, including proof of identity. security, resulting from a suspected or the Department offers a high degree of confirmed breach. resistance to tampering and CONTESTING RECORD PROCEDURES: circumvention. This security system If you wish to contest the content of DISCLOSURE TO CONSUMER REPORTING limits data access to Department and a record regarding you in the system of AGENCIES: contract staff on a ‘‘need to know’’ basis, records, contact the system manager at and controls individual users’ ability to the address listed above. Requests The Department may disclose to a access and alter records within the should contain necessary particulars, consumer reporting agency information system. Only Contracting Officer such as your full name, address, regarding a claim by the Department Representatives (CORs) assigned to the telephone number, and any other that the head of the Department has PDPDCS contract by the Department identifying information requested by the determined to be valid and overdue. have ‘‘read only’’ access to the PDPDCS Department while processing the Such information is limited to—(1) the to monitor the improvements and request, to distinguish between name, address, taxpayer identification upgrades to the system. A limited individuals with the same name. Your number, and other information number of contractor and subcontractor request must meet the requirements of necessary to establish the identity of the personnel have administrative rights, the regulations in 34 CFR 5b.7. individual responsible for the claim; (2) including read and write access, to the NOTIFICATION PROCEDURES: the amount, status, and history of the system. claim; and (3) the program under which The contractor and subcontractor If you wish to determine whether a the claim arose. The Department may established secure procedures at their record regarding you exists in the disclose the information specified in sites to ensure confidentiality of data. system of records, contact the system manager at the address listed above. this paragraph under 5 U.S.C. Their systems are required to ensure Requests should contain necessary 552a(b)(12) and the procedures that information identifying individuals particulars, such as your full name, contained in 31 U.S.C. 3711(e). A is in files physically separated from address, telephone number, and any consumer reporting agency to which other research data. The contractor and subcontractor will maintain security of other identifying information requested these disclosures may be made is by the Department while processing the defined in 31 U.S.C. 3701(a)(3). the complete set of all master data files and documentation. Access to request, to distinguish between individuals with the same name. Your POLICIES AND PRACTICES FOR STORAGE OF individually identifying data is strictly request must meet the requirements of RECORDS: controlled. At each site all hard copy data is kept in locked file cabinets regulations in 34 CFR 5b.5, including Westat, the Department’s during nonworking hours, and work on proof of identity. subcontractor through the AnLar hard copy data will take place in a EXEMPTIONS PROMULGATED FOR THE SYSTEM: contract, maintains hard copy records of single room, except for data entry. None. information about OSEP, OIE and RSA Physical security of electronic data is scholars in locked file cabinets that are also maintained. Security features that HISTORY: located within locked offices protected protect electronic project data include: The System of Records entitled ‘‘The by a campus and building security Password-protected accounts that Special Education—Individual system; and, maintains electronic authorize users to access only specific Reporting on Regulatory Compliance records with information about OSEP, network directories and network Related to the Personnel Development OIE, and RSA scholars on its secure software on the contractor’s and Program’s Service Obligation and the server. subcontractor’s systems; and user rights Government Performance and Results

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Act of 1993 (GPRA)’’ (18–16–04) has revised, and continuing collections of DEPARTMENT OF EDUCATION only previously been published in the information. This helps the Department [Docket ID ED–2018–OESE–0088] Federal Register on October 24, 2008 assess the impact of its information (73 FR 63453–63457). collection requirements and minimize Privacy Act of 1974; System of [FR Doc. 2019–14690 Filed 7–9–19; 8:45 am] the public’s reporting burden. It also Records–-Migrant Student Information BILLING CODE 4000–01–P helps the public understand the Exchange Department’s information collection requirements and provide the requested AGENCY: Office of Elementary and DEPARTMENT OF EDUCATION data in the desired format. ED is Secondary Education, Department of Education. [Docket No.: ED–2019–ICCD–0074] soliciting comments on the proposed information collection request (ICR) that ACTION: Notice of a modified system of Agency Information Collection is described below. The Department of records. Activities; Comment Request; Foreign Education is especially interested in SUMMARY: In accordance with the Schools Eligibility Criteria Apply To public comment addressing the Privacy Act of 1974, as amended Participate in Title IV HEA Programs following issues: (1) Is this collection (Privacy Act), the Department of AGENCY: Federal Student Aid (FSA), necessary to the proper functions of the Education (Department) publishes this Department of Education (ED). Department; (2) will this information be notice of a modified system of records ACTION: Notice. processed and used in a timely manner; entitled ‘‘Migrant Student Information (3) is the estimate of burden accurate; Exchange (MSIX)’’ (18–14–04) to modify SUMMARY: In accordance with the (4) how might the Department enhance this system of records notice, which was Paperwork Reduction Act of 1995, ED is the quality, utility, and clarity of the last published in the Federal Register proposing an extension of an existing information to be collected; and (5) how on December 5, 2007. information collection. might the Department minimize the DATES: Submit your comments on this DATES: Interested persons are invited to burden of this collection on the modified system of records notice on or submit comments on or before respondents, including through the use before August 9, 2019. September 9, 2019. of information technology. Please note This modified system of records ADDRESSES: To access and review all the that written comments received in notice will become applicable upon documents related to the information response to this notice will be publication in the Federal Register on collection listed in this notice, please considered public records. July 10, 2019. Modified routine uses (1), use http://www.regulations.gov by Title of Collection: Foreign Schools (2), (3), (5), and (6) and new routine use searching the Docket ID number ED– (8) listed under ‘‘ROUTINE USES OF Eligibility Criteria Apply to Participate 2019–ICCD–0074. Comments submitted RECORDS MAINTAINED IN THE in Title IV HEA Programs. in response to this notice should be SYSTEM, INCLUDING CATEGORIES submitted electronically through the OMB Control Number: 1845–0105. OF USERS AND PURPOSES OF SUCH Federal eRulemaking Portal at http:// Type of Review: An extension of an USES’’ will become applicable on www.regulations.gov by selecting the existing information collection. August 9, 2019, unless the modified Docket ID number or via postal mail, system of records notice needs to be Respondents/Affected Public: commercial delivery, or hand delivery. changed as a result of public comment. If the regulations.gov site is not Individuals or Households; Private The Department will publish any available to the public for any reason, Sector; State, Local, and Tribal significant changes resulting from ED will temporarily accept comments at Governments. public comment. [email protected]. Please include the Total Estimated Number of Annual ADDRESSES: Submit your comments docket ID number and the title of the Responses: 26,713. through the Federal eRulemaking Portal information collection request when Total Estimated Number of Annual or via postal mail, commercial delivery, requesting documents or submitting Burden Hours: 7,230. or hand delivery. We will not accept comments. Please note that comments comments submitted by fax or by email Abstract: The information in 34 CFR submitted by fax or email and those or those submitted after the comment Sections 600.54, 600.55, 600.56, and submitted after the comment period will period. To ensure that we do not receive not be accepted. Written requests for 600.57 is used by the Department during duplicate copies, please submit your information or comments submitted by the initial review for eligibility comments only once. In addition, please postal mail or delivery should be certification, recertification and annual include the Docket ID at the top of your addressed to the Director of the evaluations. These regulations help to comments. Information Collection Clearance ensure that all foreign institutions • Federal eRulemaking Portal: Go to Division, U.S. Department of Education, participating in the Title IV, HEA www.regulations.gov to submit your 550 12th Street SW, PCP, Room 9086, programs are meeting the minimum comments electronically. Information Washington, DC 20202–0023. participation standards. on using Regulations.gov, including FOR FURTHER INFORMATION CONTACT: For Dated: July 3, 2019. instructions for accessing agency specific questions related to collection Kate Mullan, documents, submitting comments, and activities, please contact Beth viewing the docket, is available on the Grebeldinger, 202–377–4018. PRA Coordinator, Information Collection site under the ‘‘help’’ tab. Clearance Program, Information Management SUPPLEMENTARY INFORMATION: The • Postal Mail, Commercial Delivery, Branch, Office of the Chief Information Department of Education (ED), in Officer. or Hand Delivery: If you mail or deliver accordance with the Paperwork your comments about this modified [FR Doc. 2019–14637 Filed 7–9–19; 8:45 am] Reduction Act of 1995 (PRA) (44 U.S.C. system of records, address them to: Lisa 3506(c)(2)(A)), provides the general BILLING CODE 4000–01–P C. Gillette, Director, Office of Migrant public and Federal agencies with an Education, Office of Elementary and opportunity to comment on proposed, Secondary Education, U.S. Department

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of Education, 400 Maryland Avenue As described more fully below, this The Department is updating the SW, Washington, DC 20202–0001. notice will update the following section entitled ‘‘CATEGORIES OF Privacy Note: The Department’s sections: Security Classification; System RECORDS IN THE SYSTEM’’ to update policy is to make all comments received Location; Authority for Maintenance of the reference to the Paperwork from members of the public available for the System; Purpose(s) of the System; Reduction Act (PRA) clearance request public viewing in their entirety on the Categories of Records in the System; in the Federal Register which lists the Federal eRulemaking Portal at Record Source Categories; Policies and minimum data elements included in www.regulations.gov. Therefore, Practices for Storage of Records; Policies MSIX. commenters should be careful to and Practices for Retrieval of Records; The Department is updating the include in their comments only Policies and Practices for Retention and section entitled ‘‘RECORD SOURCE information that they wish to make Disposal of Records; Administrative, CATEGORIES’’ to add Migrant publicly available. Technical, and Physical Safeguards; Education Program (MEP) local Assistance to Individuals with Record Access Procedures; and operating agencies (LOAs), in addition Disabilities in Reviewing the Notification Procedures. This modified to local educational agencies (LEAs). Rulemaking Record: On request, we will system of records notice will update LOAs were added to the record source supply an appropriate accommodation routine uses (1), (2), (3), and (6), and, categories to be inclusive of service or auxiliary aid to an individual with a pursuant to the requirements in Office delivery organizations that are operating disability who needs assistance to of Management and Budget (OMB) in the MEP participating States. SEAs review the comments or other Memorandum 17–12, it will also update submit data to MSIX using data sourced documents in the public rulemaking routine use (5) and add new routine use from LEAs and/or LOAs, depending on record for this notice. If you want to (8). Pursuant to the requirements of the service delivery model used by the schedule an appointment for this type of OMB Circular No. A–108, a new section SEA. The Department also is adding accommodation or auxiliary aid, please entitled ‘‘History’’ also has been added parents, guardians, and migratory contact the person listed under FOR to the notice. children to the section of the notice on FURTHER INFORMATION CONTACT. Introduction: The Department record source categories to more closely FOR FURTHER INFORMATION CONTACT: Lisa previously published the MSIX system adhere to OMB guidance on the Privacy C. Gillette, Director, Office of Migrant of records notice in the Federal Register Act and to reflect that LEAs, LOAs, and Education, Office of Elementary and on December 5, 2007 (72 FR 68572–76). SEAs obtain some records directly from Secondary Education, U.S. Department This notice will update the following parents and migratory children. This modified system of records of Education, 400 Maryland Avenue sections: Security Classification; System Location; Authority for Maintenance of notice will also update routine uses (1), SW, 3E317, Washington, DC 20202– the System; Purpose(s) of the System; (2), (3), (5), and (6) and add new routine 6135. Telephone: (202) 260–1164. Categories of Records in the System; use (8). If you use a telecommunications The Department is modifying routine device for the deaf (TDD) or text Record Source Categories; Routine Uses of Records Maintained in the System, use (1), which was formerly entitled telephone (TTY), you may call the Including Categories of Users and ‘‘MEP Services, School Enrollment, Federal Information Relay Service Purposes of Such Uses; Policies and Grade or Course Placement, Accrual of (FIRS), toll free, at 1–800–877–8339. Practices for Storage of Records; Policies High School Credits, Student Record SUPPLEMENTARY INFORMATION: The MSIX and Practices for Retrieval of Records; Match Resolution,’’ to include ‘‘data system of records helps meet the needs Policies and Practices for Retention and correction by parents, guardians, and of migratory children by improving the Disposal of Records; Administrative, migratory children’’ as a reason for timeliness of the availability of current Technical, and Physical Safeguards; disclosure to authorized representatives educational and health information on Record Access Procedures; and of SEAs, LEAs, or other MEP LOAs. migratory children to school and Notification Procedures. The Department is modifying routine program staff where migratory children Pursuant to OMB Circular No. A–108, use (2) entitled ‘‘Contract Disclosure’’ enroll after moving. MSIX uses the the section entitled ‘‘SECURITY and routine use (3) entitled ‘‘Research Minimum Data Elements (MDEs) to CLASSIFICATION’’ is updated from Disclosure’’ to remove language that provide a standard format for ‘‘none’’ to ‘‘unclassified.’’ respectively referenced safeguard information that States must collect and The Department is updating the requirements under subsection (m) of maintain. MSIX allows State section entitled ‘‘SYSTEM LOCATION’’ the Privacy Act and Privacy Act educational agencies (SEAs) to upload to list the names and addresses of the safeguards. The Department revised the the required MDEs from their own current Department contractor and language in routine use (2) to permit the existing State student record systems subcontractor that maintain MSIX Department to disclose records from this into a single national data repository records. system of records to employees of where information on each migratory The Department is updating the Department contractors, whether or not child is maintained, organized, and section entitled ‘‘AUTHORITY FOR the contractors are covered by compiled. As a web-based platform, MAINTENANCE OF THE SYSTEM’’ to subsection (m) of the Privacy Act, so MSIX allows authorized users to access update the reference to the current legal long as the contractors are performing a a migratory child’s MSIX record via a authority. Departmental function that requires web browser. Section 1308(b)(2) of the The Department is updating the disclosing records to them and they Elementary and Secondary Education section entitled ‘‘PURPOSE(S) OF THE agree to establish and maintain Act of 1965, as amended (ESEA) (20 SYSTEM’’ to reflect the current, rather safeguards that will protect the security U.S.C. 6398(b)(2)) requires the Secretary than anticipated, use and benefits of the and confidentiality of the disclosed of Education to ensure the linkage of system. While the purpose of reducing records. The Department also revised migratory student record systems for the unnecessary immunizations is still a the language in routine uses (2) and (3) purpose of electronically exchanging, goal of the Migrant Education Program because the prior language referring to among the States, health and (MEP), MSIX does not track or record required safeguards under the Privacy educational information regarding all incidences of unnecessary Act and Privacy Act safeguards was migratory students. immunizations. unclear about what safeguards were

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required and therefore to clarify that being superseded, pending approval by SECURITY CLASSIFICATION: contractors and researchers to whom the National Archives and Records Unclassified. disclosures are made under these Administration (NARA), by a new routine uses will be required to agree to records schedule submitted by the SYSTEM LOCATION: establish and maintain safeguards to Department to NARA. (1) U.S. Department of Education, protect the security and confidentiality The Department is updating the Office of Migrant Education, Office of of the disclosed records. The section entitled ‘‘ADMINISTRATIVE, Elementary and Secondary Education, Department also revised routine use (2) TECHNICAL, AND PHYSICAL 400 Maryland Avenue SW, Washington, to remove language that had referred to SAFEGUARDS’’ to reflect changes in DC 20202–6135. requiring these safeguards to be technical and physical safeguards (2a) Deloitte Consulting LLC, 1919 maintained before the contract was offered by the cloud service provider. North Lynn Street, Arlington, VA entered into and instead to indicate that The Department is also updating the 22209–1743 (contractor) (Software the agreement on such safeguards will sections entitled ‘‘RECORD ACCESS development/programming and be reached as part of any such contract. PROCEDURES’’ and ‘‘NOTIFICATION operations/maintenance). (2b) Amazon Web Services (AWS) US- Pursuant to the requirements in OMB PROCEDURES’’ to specify the necessary EAST/US-WEST 12900 Worldgate M–17–12, the Department is modifying particulars that the system manager Drive, Herndon, VA 20170–6039 routine use (5) entitled ‘‘Disclosure in must be provided in connection with a (subcontractor). the Course of Responding to a Breach of records access or notification request in Data’’ and adding routine use (8) order to distinguish between the records SYSTEM MANAGER(S): entitled ‘‘Disclosure in Assisting of individuals with the same names. another Agency in Responding to a Director, Office of Migrant Education, Pursuant to the requirements of OMB Breach of Data’’ in order to comply with Office of Elementary and Secondary the requirements in OMB M–17–12. Circular No. A–108, the Department is Education, U.S. Department of Pursuant to this new routine use, the also adding a new section to the notice Education, 400 Maryland Avenue SW, Department may disclose records from that is entitled ‘‘HISTORY.’’ Room 3E317, Washington, DC 20202– this system to another Federal agency or Accessible Format: Individuals with 0001. disabilities can obtain this document in Federal entity, when the Department AUTHORITY FOR MAINTENANCE OF THE SYSTEM: determines that information from this an accessible format (e.g., braille, large MSIX is authorized under section system of records is reasonably print, audiotape, or compact disc) on 1308(b)(2) of the Elementary and necessary to assist the recipient agency request to the person listed under FOR Secondary Education Act of 1965, as or entity in (a) responding to a FURTHER INFORMATION CONTACT. amended (ESEA), 20 U.S.C. 6398(b)(2). suspected or confirmed breach or (b) Electronic Access to This Document: preventing, minimizing, or remedying The official version of this document is PURPOSE(S) OF THE SYSTEM: the risk of harm to individuals, the the document published in the Federal The purpose of MSIX is to enhance recipient agency or entity (including its Register. Free internet access to the the continuity of educational and health information systems, programs, and official edition of the Federal Register services for migratory children by operations), the Federal Government, or and the CFR is available via the Federal providing a mechanism for all States to national security, resulting from a Digital System at: www.gpo.gov/fdsys. exchange educational and health-related suspected or confirmed breach. At this site you can view this document, information on migratory children who The Department is modifying routine as well as all other documents of the move from State to State due to their use (6) entitled ‘‘Litigation or Department published in the Federal migratory lifestyle. MSIX helps to Alternative Dispute Resolution (ADR) Register, in text or Portable Document improve the timeliness of school Disclosure’’ to replace the word Format (PDF). To use PDF you must enrollments, the appropriateness of ‘‘individual,’’ which is a defined word have Adobe Acrobat Reader, which is grade and course placements, and under the Privacy Act, with the word available free at the site. participation in the Migrant Education ‘‘person’’ to avoid public confusion. You may also access documents of the Program (MEP) for migratory children. The Department is updating the Department published in the Federal Further, MSIX facilitates the accrual of section entitled ‘‘POLICIES AND Register by using the article search course credits for migratory children in PRACTICES FOR STORAGE OF feature at: www.federalregister.gov. secondary school by providing accurate RECORDS’’ to remove references to Specifically, through the advanced academic information on the students’ hardware stored in locked file cabinets search feature at this site, you can limit course history and academic progress. and describe electronic records storage. your search to documents published by The Department is also updating the the Department. CATEGORIES OF INDIVIDUALS COVERED BY THE section entitled ‘‘POLICIES AND SYSTEM: Dated: July 5, 2019. PRACTICES FOR RETRIEVAL OF This system contains records on all Frank T. Brogan, RECORDS’’ to explain that MSIX users children whom States have determined retrieve records by an individual’s Assistant Secretary for Elementary and to be eligible to participate in the MEP, Secondary Education. name, in addition to the unique authorized in Title I, Part C of the ESEA. identifier assigned to each individual. For the reasons discussed in the The Department is updating the preamble, the Assistant Secretary of the CATEGORIES OF RECORDS IN THE SYSTEM: section entitled ‘‘POLICIES AND Office of Elementary and Secondary The categories of records in the PRACTICES FOR RETENTION AND Education of the U.S. Department of system include the migratory child’s: DISPOSAL OF RECORDS’’ to reflect the Education (Department) publishes a Name, date of birth, personal most recent Department records notice of a modified system of records identification numbers assigned by the schedule, and applicable disposition to read as follows: States and the Department, parent’s or instruction, which governed the parents’ name or names, school SYSTEM NAME AND NUMBER retention and disposition of the records; enrollment data, school contact data, and, to explain that said records Migrant Student Information assessment data, and other educational schedule disposition instruction is Exchange (MSIX) (18–14–04). and health data necessary for accurate

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and timely school enrollment, grade and organization to which the disclosure (v) The United States where the course placement, and accrual of course would be made is qualified to carry out Department determines that the credits. The final request for public specific research related to functions or litigation is likely to affect the comment on the minimum data purposes of this system of records. The Department or any of its components. elements (MDEs) to be included in official may disclose information from (b) Disclosure to DOJ. If the MSIX was published, pursuant to the this system of records to that researcher Department determines that disclosure Paperwork Reduction Act of 1995 solely for the purpose of carrying out of certain records to DOJ, or attorneys clearance process, in the Federal that research related to the functions or engaged by DOJ, is relevant and purposes of this system of records. The Register on May 25, 2016 (81 FR 33246). necessary to litigation or ADR, and is researcher will be required to agree to compatible with the purpose for which RECORD SOURCE CATEGORIES: establish and maintain safeguards to the records were collected, the The system contains records that are protect the security and confidentiality Department may disclose those records obtained from parents, guardians, of the disclosed records. migratory children, State educational (4) Freedom of Information Act as a routine use to DOJ. agencies (SEAs), local educational (FOIA) or Privacy Act Advice (c) Adjudicative Disclosure. If the agencies (LEAs), and local operating Disclosure. The Department may Department determines that disclosure agencies (LOAs). disclose records to the U.S. Department of certain records to an adjudicative of Justice (DOJ) or the Office of body before which the Department is ROUTINE USES OF RECORDS MAINTAINED IN THE Management and Budget (OMB) if the authorized to appear or to a person or SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES: Department concludes that disclosure is entity designated by the Department or desirable or necessary to determine otherwise empowered to resolve or The Department may disclose whether particular records are required mediate disputes is relevant and information contained in a record in to be disclosed under the FOIA or the necessary to litigation or ADR, and is this system of records, under the routine Privacy Act. compatible with the purpose for which uses listed in this system of records, (5) Disclosure in the Course of without the consent of the individual if the records were collected, the Responding to a Breach of Data. The Department may disclose those records the disclosure is compatible with the Department may disclose records from purposes for which the record was as a routine use to the adjudicative this system to appropriate agencies, body, person, or entity. collected. The Department may make entities, and persons when (a) the (d) Disclosure to Parties, Counsel, these disclosures on a case-by-case basis Department suspects or has confirmed Representatives, and Witnesses. If the or, if the Department has complied with that there has been a breach of the Department determines that disclosure the computer matching requirements of system of records; (b) the Department of certain records to a party, counsel, the Privacy Act of 1974, as amended has determined that as a result of the (Privacy Act), under a computer suspected or confirmed breach, there is representative, or witness is relevant matching agreement. a risk of harm to individuals, the and necessary to litigation or ADR, and (1) MEP Services, School Enrollment, Department (including its information is compatible with the purpose for Grade or Course Placement, Accrual of systems, programs, and operations), the which the records were collected, the High School Credits, Student Record Federal Government, or national Department may disclose those records Match Resolution, and Data Correction security; and, (c) the disclosure made to as a routine use to a party, counsel, Disclosure. The Department may such agencies, entities, and persons is representative, or witness. disclose a record in this system of reasonably necessary to assist in (7) Congressional Member Disclosure. records to authorized representatives of connection with the Department’s The Department may disclose SEAs, LEAs, or other MEP LOAs to efforts in responding to respond to the information from a record of an facilitate one or more of the following suspected or confirmed breach or to individual to a member of Congress and for a student: (a) Participation in the prevent, minimize, or remedy such his or her staff in response to an inquiry MEP, (b) enrollment in school, (c) grade harm. from the member made at the written or course placement, (d) credit accrual, (6) Litigation or Alternative Dispute request of that individual. The (e) unique student match resolution, Resolution (ADR) Disclosure. member’s right to the information is no and (f) data correction by parents, (a) Introduction. In the event that one greater than the right of the individual guardians, and migratory children. of the following parties is involved in who requested it. (2) Contract Disclosure. If the litigation or ADR, or has an interest in (8) Disclosure in Assisting another Department contracts with an entity for litigation or ADR, the Department may Agency in Responding to a Breach of the purposes of performing any function disclose certain records to the parties Data. The Department may disclose that requires disclosure of records in described in paragraphs b, c, and d of records from this system to another this system to employees of the this routine use under the conditions Federal agency or Federal entity, when contractor, the Department may disclose specified in those paragraphs: the records to those employees who (i) The Department or any of its the Department determines that have received the appropriate level components. information from this system of records security clearance from the Department. (ii) Any Department employee in his is reasonably necessary to assist the As part of such a contract, the or her official capacity. recipient agency or entity in (a) Department will require the contractor (iii) Any employee of the Department responding to a suspected or confirmed to agree to establish and maintain in his or her individual capacity where breach or (b) preventing, minimizing, or safeguards to protect the security and DOJ has agreed to or has been requested remedying the risk of harm to confidentiality of the disclosed records. to provide or arrange for representation individuals, the recipient agency or (3) Research Disclosure. The of the employee. entity (including its information Department may disclose records from (iv) Any employee of the Department systems, programs, and operations), the this system to a researcher if an in his or her individual capacity where Federal Government, or national appropriate official of the Department the Department has agreed to represent security, resulting from a suspected or determines that the individual or the employee. confirmed breach.

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POLICIES AND PRACTICES FOR STORAGE OF (3) User Access to Electronic Data. SYSTEM MANAGER(S). Your request RECORDS: MSIX leverages role-based accounts and must meet the requirements of The cloud service provider, Amazon security controls to limit access to the regulations in 34 CFR 5b.7. Web Services (AWS), through a application, its servers, and its NOTIFICATION PROCEDURES: subcontract with the Department, stores infrastructure to authorized users in computerized student records, accordance with the Federal If you wish to determine whether a including backups, on virtual servers. Information Security Modernization Act record exists regarding you in the Physical security of electronic data is (FISMA) of 2014 and the Department system of records, you must contact the maintained in compliance with the Office of Chief Information Officer system manager at the address listed Federal Information Security (OCIO) directives, policies, standards under SYSTEM MANAGER(S). You Modernization Act of 2014 (FISMA) and and procedures. All MSIX users must must provide necessary particulars such National Institute of Standards and follow a registration process that as your name, date of birth, and any Technology (NIST) standards. involves identity validation and other identifying information requested by the Department while processing the verification prior to gaining access to POLICIES AND PRACTICES FOR RETRIEVAL OF request to distinguish between MSIX. MSIX utilizes unique user RECORDS: individuals with the same name. Your identifiers (user IDs) and authenticators Records in this system are retrieved request must meet the requirements of (strong passwords). Directory by name and by the unique identifier regulations in 34 CFR 5b.5, including information for all authorized users is assigned to each individual. proof of identity. stored in the system. Directory POLICIES AND PRACTICES FOR RETENTION AND information maintained in MSIX EXEMPTIONS PROMULGATED FOR THE SYSTEM: DISPOSAL OF RECORDS: includes username, full name, work None. All records were previously retained contact information, and login and disposed of in accordance with credentials needed to maintain user HISTORY: Department Records Schedule 066: accounts. The MSIX application is only The system of records was originally Program Management Files (N1–441– available to authorized users via a published in the Federal Register on 10–1) (ED 066), Item (a)(3). ED 066, Item Uniform Resource Locator (URL) that December 5, 2007 (72 FR 68572–68576). (a)(3), is being superseded, pending runs under the Hypertext Transfer [FR Doc. 2019–14686 Filed 7–9–19; 8:45 am] approval by the National Archives and Protocol over Secure Socket Layer BILLING CODE 4000–01–P Records Administration (NARA), by a (HTTPS). new records schedule submitted by the (4) Additional Security Measures. The Department to NARA entitled, ‘‘Migrant MSIX infrastructure also leverages DEPARTMENT OF ENERGY Student Information Exchange (MSIX) firewalls and intrusion detection Electronic Information System systems to limit internal access and Federal Energy Regulatory Records.’’ The Department will not identify unauthorized access to the Commission destroy the aforementioned records system. MSIX logs, monitors, and [Docket No. ER19–2316–000] until such time as said new, NARA- controls network communications and approved schedule is in effect, as systems actions. System components are Renewable Energy Asset Management applicable. logically separated from internal Group, LLC; Supplemental Notice That Initial Market-Based Rate Filing ADMINISTRATIVE, TECHNICAL, AND PHYSICAL organizational networks and connect to SAFEGUARDS: external networks through managed Includes Request for Blanket Section 204 Authorization (1) Introduction. Security personnel interfaces. Further, the MSIX operations control and monitor all physical access include conducting vulnerability scans, This is a supplemental notice in the to the site of the Department’s monitoring the U.S. Computer above-referenced Renewable Energy subcontractor, where this system of Emergency Response Team (CERT) Asset Management Group, LLC’s records is maintained. The computer bulletins, and applying routine application for market-based rate system employed by the Department operating system and vendor patches as authority, with an accompanying rate offers a high degree of resistance to appropriate. tariff, noting that such application tampering and circumvention. This RECORD ACCESS PROCEDURES: includes a request for blanket computer system limits data access to If you wish to gain access to your authorization, under 18 CFR part 34, of Department and contract staff on a record in the system of records, you future issuances of securities and ‘‘need to know’’ basis, and controls must contact the system manager at the assumptions of liability. individual users’ ability to access and address listed under SYSTEM Any person desiring to intervene or to alter records within the system by MANAGER(S). You must provide protest should file with the Federal granting user names and passwords, and necessary particulars such as your Energy Regulatory Commission, 888 assigning user roles. name, date of birth, and any other First Street NE, Washington, DC 20426, (2) Physical Security of Electronic identifying information requested by the in accordance with Rules 211 and 214 Data. The MSIX infrastructure is housed Department while processing the of the Commission’s Rules of Practice in a cloud service provider with request to distinguish between and Procedure (18 CFR 385.211 and provisional authorization from the individuals with the same name. Your 385.214). Anyone filing a motion to Federal Risk and Authorization request must meet the requirements of intervene or protest must serve a copy Management Program (FedRAMP) Joint regulations in 34 CFR 5b.5, including of that document on the Applicant. Authorization Board (JAB) under the proof of identity. Notice is hereby given that the Moderate control baseline. All controls deadline for filing protests with regard managed by the cloud service provider, CONTESTING RECORD PROCEDURES: to the applicant’s request for blanket including physical security of electronic If you wish to contest or change the authorization, under 18 CFR part 34, of data, are reviewed by a third party content of a record regarding you in the future issuances of securities and assessment organization (3PAO) in system of records, contact the system assumptions of liability, is July 22, accordance with FedRAMP guidance. manager at the address listed under 2019.

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The Commission encourages Accession Number: 20190702–5225. Energy, LLC, Champion Energy electronic submission of protests and Comments Due: 5 p.m. ET 7/23/19. Marketing LLC, Champion Energy interventions in lieu of paper, using the Take notice that the Commission Services, LLC, Creed Energy Center, FERC Online links at http:// received the following exempt LLC, Delta Energy Center, LLC, Geysers www.ferc.gov. To facilitate electronic wholesale generator filings: Power Company, LLC, Gilroy Energy service, persons with internet access Docket Numbers: EG19–145–000. Center, LLC, Goose Haven Energy who will eFile a document and/or be Applicants: Wilton Wind Energy II, Center, LLC, Los Esteros Critical Energy listed as a contact for an intervenor LLC. Facility LLC, Los Medanos Energy must create and validate an Description: Notice of Self- Center, LLC, Metcalf Energy Center, eRegistration account using the Certification of Exempt Wholesale LLC, North American Power and Gas, eRegistration link. Select the eFiling Generator Status of Wilton Wind Energy LLC, North American Power Business, link to log on and submit the II, LLC. LLC, O.L.S. Energy-Agnews, Inc., Otay intervention or protests. Filed Date: 7/2/19. Mesa Energy Center, LLC, Pastoria Persons unable to file electronically Accession Number: 20190702–5184. Energy Facility L.L.C., Power Contract should submit an original and 5 copies Comments Due: 5 p.m. ET 7/23/19. Financing, L.L.C., Russell City Energy of the intervention or protest to the Company, LLC, South Point Energy Docket Numbers: EG19–146–000. Federal Energy Regulatory Commission, Center, LLC. Applicants: Roadrunner Solar Project, 888 First Street NE, Washington, DC Description: Updated Market Power LLC. 20426. Analysis of the Calpine Southwest MBR Description: Self-Certification of EWG The filings in the above-referenced Sellers. proceeding are accessible in the Status of Roadrunner Solar Project, LLC. Filed Date: 7/1/19. Commission’s eLibrary system by Filed Date: 7/2/19. Accession Number: 20190702–5248. clicking on the appropriate link in the Accession Number: 20190702–5228. Comments Due: 5 p.m. ET 8/30/19. Comments Due: 5 p.m. ET 7/23/19. above list. They are also available for Docket Numbers: ER19–1932–002. electronic review in the Commission’s Docket Numbers: EG19–147–000. Applicants: Duke Energy Progress, Public Reference Room in Washington, Applicants: High Lonesome Wind LLC. DC. There is an eSubscription link on Power, LLC. Description: Tariff Amendment: the website that enables subscribers to Description: Self-Certification of EWG Amendment to DEP–PJM Amended JOA receive email notification when a Status of High Lonesome Wind Power, Concurrence to be effective 7/22/2019. document is added to a subscribed LLC. Filed Date: 7/2/19. docket(s). For assistance with any FERC Filed Date: 7/2/19. Accession Number: 20190702–5138. Online service, please email Accession Number: 20190702–5230. Comments Due: 5 p.m. ET 7/23/19. Comments Due: 5 p.m. ET 7/23/19. [email protected]. or call Docket Numbers: ER19–2342–000. (866) 208–3676 (toll free). For TTY, call Take notice that the Commission Applicants: AEP Texas Inc. (202) 502–8659. received the following electric rate Description: § 205(d) Rate Filing: Dated: July 2, 2019. filings: AEPTX–231RC 8ME (Norton Solar) Nathaniel J. Davis, Sr., Docket Numbers: ER06–1128–002. Interconnection Agreement to be Deputy Secretary. Applicants: Mankato Energy Center, effective 6/20/2019. LLC. Filed Date: 7/2/19. [FR Doc. 2019–14648 Filed 7–9–19; 8:45 am] Description: Notification of non- Accession Number: 20190702–5171. BILLING CODE 6717–01–P material change in status of Mankato Comments Due: 5 p.m. ET 7/23/19. Energy Center, LLC. Docket Numbers: ER19–2343–000. DEPARTMENT OF ENERGY Filed Date: 5/24/19. Applicants: 2018 ESA Project Accession Number: 20190524–5273. Company, LLC. Federal Energy Regulatory Comments Due: 5 p.m. ET 7/17/19. Description: Baseline eTariff Filing: Commission Docket Numbers: ER10–2042–031; MBR Application and Tariff to be ER10–1862–025; ER10–1865–011; effective 9/1/2019. Combined Notice of Filings #1 ER10–1873–011; ER10–1875–011; Filed Date: 7/2/19. Accession Number: 20190702–5172. Take notice that the Commission ER10–1876–011; ER10–1878–011; Comments Due: 5 p.m. ET 7/23/19. received the following electric corporate ER10–1883–011; ER10–1884–011; filings: ER10–1885–011; ER10–1888–011; Docket Numbers: ER19–2344–000. Docket Numbers: EC19–109–000. ER10–1893–025; ER10–1938–026; Applicants: Cheyenne Light, Fuel and Applicants: Paulding Wind Farm IV ER10–1947–011; ER10–2985–029; Power Company. LLC. ER10–3049–030; ER10–3051–030; Description: § 205(d) Rate Filing: Description: Application for ER11–4369–010; ER12–1987–009; Subentity Reserve Sharing Agreement Authorization Under Section 203 of the ER12–2261–010; ER12–2645–004; Concurrence (CLFP) to be effective 9/3/ Federal Power Act, et al. of Paulding ER13–1407–008; ER16–2218–010; 2019. Wind Farm IV LLC. ER19–1127–001; ER19–1934–001; Filed Date: 7/2/19. Filed Date: 7/2/19. ER19–1941–001; ER19–1942–001; Accession Number: 20190702–5196. Accession Number: 20190702–5223. ER19–696–001. Comments Due: 5 p.m. ET 7/23/19. Comments Due: 5 p.m. ET 7/23/19. Applicants: Calpine Energy Services, Docket Numbers: ER19–2345–000. Docket Numbers: EC19–110–000. L.P., Calpine Construction Finance Applicants: PJM Interconnection, Applicants: Zephyr Wind, LLC. Company, L.P., Calpine Energy L.L.C. Description: Application for Solutions, LLC, Calpine Gilroy Cogen, Description: § 205(d) Rate Filing: Authorization Under Section 203 of the L.P., Calpine King City Cogen, LLC, Original WMPA, SA No. 5418; Queue Federal Power Act, et al. of Zephyr Calpine PowerAmerica—CA, LLC, CCFC No. AD2–049 to be effective 6/9/2019. Wind, LLC. Sutter Energy, LLC, CES Marketing IX, Filed Date: 7/2/19. Filed Date: 7/2/19. LLC, CES Marketing X, LLC, Champion Accession Number: 20190702–5198.

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Comments Due: 5 p.m. ET 7/23/19. Any person desiring to intervene or 385.214). Protests will be considered by Docket Numbers: ER19–2346–000. protest in any of the above proceedings the Commission in determining the Applicants: Black Hills Colorado must file in accordance with Rules 211 appropriate action to be taken, but will Electric, LLC. and 214 of the Commission’s not serve to make protestants parties to Description: § 205(d) Rate Filing: Regulations (18 CFR 385.211 and the proceeding. Any person wishing to Subentity Reserve Sharing Agreement 385.214) on or before 5:00 p.m. Eastern become a party must file a notice of Concurrence (BHCE) to be effective 9/3/ time on the specified comment date. intervention or motion to intervene, as 2019. Protests may be considered, but appropriate. The Respondent’s answer Filed Date: 7/2/19. intervention is necessary to become a and all interventions, or protests must Accession Number: 20190702–5200. party to the proceeding. be filed on or before the comment date. Comments Due: 5 p.m. ET 7/23/19. eFiling is encouraged. More detailed The Respondent’s answer, motions to Docket Numbers: ER19–2347–000. information relating to filing intervene, and protests must be served Applicants: California Independent requirements, interventions, protests, on the Complainants. System Operator Corporation. service, and qualifying facilities filings The Commission encourages Description: § 205(d) Rate Filing: TBD can be found at: http://www.ferc.gov/ electronic submission of protests and Local Market Power Mitigation docs-filing/efiling/filing-req.pdf. For interventions in lieu of paper using the Enhancements to be effective 10/14/ other information, call (866) 208–3676 eFiling link at http://www.ferc.gov. 2019. (toll free). For TTY, call (202) 502–8659. Persons unable to file electronically Filed Date: 7/2/19. Dated: July 3, 2019. should submit an original and 5 copies Accession Number: 20190702–5204. Kimberly D. Bose, of the protest or intervention to the Comments Due: 5 p.m. ET 7/23/19. Federal Energy Regulatory Commission, Secretary. Docket Numbers: ER19–2348–000. 888 First Street NE, Washington, DC Applicants: Black Hills Colorado [FR Doc. 2019–14676 Filed 7–9–19; 8:45 am] 20426. Electric, LLC. BILLING CODE 6717–01–P This filing is accessible on-line at Description: § 205(d) Rate Filing: http://www.ferc.gov, using the eLibrary Tariff Revisions for Subentity Reserve DEPARTMENT OF ENERGY link and is available for review in the Sharing Agreement (BHCE) to be Commission’s Public Reference Room in effective 9/3/2019. Federal Energy Regulatory Washington, DC. There is an Filed Date: 7/2/19. Commission eSubscription link on the website that Accession Number: 20190702–5206. enables subscribers to receive email Comments Due: 5 p.m. ET 7/23/19. [Docket No. EL19–83–000] notification when a document is added Docket Numbers: ER19–2349–000. to a subscribed docket(s). For assistance Applicants: Cheyenne Light, Fuel and City of Lubbock, Acting by and Through Its Municipally Owned with any FERC Online service, please Power Company. email [email protected], or Description: § 205(d) Rate Filing: Electric Utility Lubbock Power & Light v. Public Service Company of Colorado call (866) 208–3676 (toll free). For TTY, Tariff Revisions for Subentity Reserve call (202) 502–8659. Sharing Agreement (CLFP) to be Southwestern Public Service Company; Notice of Complaint Comment Date: 5:00 p.m. Eastern effective 9/3/2019. Time on July 22, 2019. Filed Date: 7/2/19. Take notice that on July 2, 2019, Accession Number: 20190702–5208. Dated: July 3, 2019. pursuant to sections 206 and 306 of the Kimberly D. Bose, Comments Due: 5 p.m. ET 7/23/19. Federal Power Act (FPA), 16 U.S.C. Secretary. Docket Numbers: ER19–2350–000. 824e, 825e, and Rules 206 and 212, of Applicants: Black Hills Power, Inc. the Federal Energy Regulatory [FR Doc. 2019–14672 Filed 7–9–19; 8:45 am] Description: § 205(d) Rate Filing: Commission’s (Commission) Rules of BILLING CODE 6717–01–P Tariff Revisions for Subentity Reserve Practice and Procedure, 18 CFR 385.206 Sharing Agreement (BHP) to be effective and 385.212, City of Lubbock DEPARTMENT OF ENERGY 9/3/2019. (Complainant), acting by and through its Filed Date: 7/2/19. municipally owned electric utility, Accession Number: 20190702–5210. Federal Energy Regulatory Lubbock Power & Light (LP&L), filed a Commission Comments Due: 5 p.m. ET 7/23/19. formal complaint against Public Service Take notice that the Commission Company of Colorado and Southwestern [Docket No. OR19–29–000] received the following electric securities Public Service Company (SPS) filings: (collectively Respondents) alleging that SFPP, LP; Notice of Petition for Docket Numbers: ES19–33–000. SPS’s Wholesale Distribution Service Declaratory Order Applicants: Northern Indiana Public rate as applied to LP&L is unjust, Service Company. unreasonable and unduly Take notice that on June 27, 2019, Description: Supplement to June 11, discriminatory, all as more fully pursuant to Rule 207(a)(2) of the Federal 2019 Application under Section 204 of explained in the Complaint. Energy Regulatory Commission’s the Federal Power Act for Authorization LP&L certifies that copies of the (Commission) Rules of Practice and to Issue Securities of Northern Indiana complaint were served on the contacts Procedure, 18 CFR 385.207(a)(2) (2018), Public Service Company LLC. for Public Service Company of Colorado SFPP, LP filed a petition for Declaratory Filed Date: 7/2/19. and SPS as listed on the Commission’s Order seeking approval of the overall Accession Number: 20190702–5213. list of Corporate Officials. tariff rate structure, as well as terms of Comments Due: 5 p.m. ET 7/9/19. Any person desiring to intervene or to service including prorationing, and The filings are accessible in the protest this filing must file in open season procedures, for a proposed Commission’s eLibrary system by accordance with Rules 211 and 214 of expansion service on SFPP’s East line, clicking on the links or querying the the Commission’s Rules of Practice and in order to serve the Mexican market docket number. Procedure (18 CFR 385.211 and with Mexican grade gasoline and diesel,

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all as more fully explained in the a. Type of Application: Amendment j. Deadline for filing comments, petition. and Transfer of License. Licensees for motions to intervene, and protests: Any person desiring to intervene or to the Saranac Project No. 4472, Union August 2, 2019 (30 days). protest this filing must file in Falls Hydropower L.P. (Union Falls) and The Commission strongly encourages accordance with Rules 211 and 214 of Erie Boulevard Hydropower L.P. (Erie electronic filing. Please file comments, the Commission’s Rules of Practice and Boulevard), request that the motions to intervene, and protests using Procedure (18 CFR 385.211, 385.214). Commission amend the existing Saranac the Commission’s eFiling system at Protests will be considered by the Project, which consists of two http://www.ferc.gov/docs-filing/ Commission in determining the developments, the Franklin Falls efiling.asp. Commenters can submit appropriate action to be taken, but will Development and the Union Falls brief comments up to 6,000 characters, not serve to make protestants parties to Development. The amendment would without prior registration, using the the proceeding. Any person wishing to divide the two developments into eComment system at http:// become a party must file a notice of separately-licensed projects and www.ferc.gov/docs-filing/ intervention or motion to intervene, as simultaneously approve a license ecomment.asp. You must include your appropriate. Such notices, motions, or transfer so that there are no longer co- name and contact information at the end protests must be filed on or before the licensees but rather Union Falls would of your comments. For assistance, comment date. Anyone filing a motion become the sole licensee for the Union please contact FERC Online Support at to intervene or protest must serve a copy Falls Project, and Erie Boulevard would [email protected], (866) of that document on the Petitioner. become the sole licensee for the 208–3676 (toll free), or (202) 502–8659 The Commission encourages Franklin Falls Project. If the amendment (TTY). In lieu of electronic filing, please electronic submission of protests and application is approved, the license for send a paper copy to: Secretary, Federal interventions in lieu of paper using the the Union Falls Development, would Energy Regulatory Commission, 888 ‘‘eFiling’’ link at http://www.ferc.gov. continue to be referred to as the Saranac First Street NE, Washington, DC 20426. Persons unable to file electronically Project No. 4472 and the license for the The first page of any filing should should submit an original and 5 copies Franklin Falls Development would include docket number P–4472–028 and of the protest or intervention to the become a new project called the P–15000–000. Federal Energy Regulatory Commission, Franklin Falls Project No. 15000. k. Locations of the Application: A 888 First Street NE, Washington, DC b. Project Nos.: 4472–028 and 15000– copy of the application is available for 20426. 000. inspection and reproduction at the This filing is accessible on-line at Commission’s Public Reference Room, c. Date filed: June 17, 2019. http://www.ferc.gov, using the eLibrary located at 888 First Street NE, Room 2A, d. Applicants: Union Falls link and is available for review in the Washington, DC 20426, or by calling Hydropower L.P. and Erie Boulevard Commission’s Public Reference Room in (202) 502–8371. This filing may also be Hydropower L.P. Washington, DC. There is an viewed on the Commission’s website at eSubscription link on the website that e. Name of Project: Saranac Project http://www.ferc.gov/docs-filing/ enables subscribers to receive email No. 4472. efiling.asp. Enter the docket number notification when a document is added f. Location: The project consists of excluding the last three digits in the to a subscribed docket(s). For assistance two developments, the Franklin Falls docket number field to access the with any FERC Online service, please Development and the Union Falls document. You may also register online email [email protected], or Development. The 2.265- megawatt at http://www.ferc.gov/docs-filing/ call (866) 208–3676 (toll free). For TTY, (MW) upstream Franklin Falls esubscription.asp to be notified via call (202) 502–8659. Development is located about 45 river email of new filings and issuances Comment Date: 5 p.m. Eastern time miles (RM) from the confluence of the related to this or other pending projects. on July 26, 2019. Saranac River with Lake Champlain. For assistance, call 1–866–208–3676 or The 2.6–MW Union Falls Development Dated: July 2, 2019. email [email protected], for is located about seven RM downstream TTY, call (202) 502–8659. A copy is also Nathaniel J. Davis, Sr., of the Franklin Falls Development at Deputy Secretary. available for inspection and RM 38. Both developments are located reproduction at the addresses in item (h) [FR Doc. 2019–14644 Filed 7–9–19; 8:45 am] on the Saranac River in the Towns of above. BILLING CODE 6717–01–P Franklin, Blackbrook, and St. Armand, l. Individuals desiring to be included in Franklin, Clinton, and Essex on the Commission’s mailing list should Counties, New York. DEPARTMENT OF ENERGY so indicate by writing to the Secretary g. Filed Pursuant to: Federal Power of the Commission. Federal Energy Regulatory Act 16 U.S.C. 791(a)–825(r). Register online at http:// Commission h. Applicants Contact: www.ferc.gov/docs-filing/ For the Franklin Falls Development: esubscription.asp to be notified via [Project No. P–4472–028; Project No. P– Mr. Thomas Uncher, Erie Boulevard email of new filings and issuances 15000–000] Hydropower L.P., Vice President of related to this or other pending projects. Operations, Brookfield Renewable, 399 Union Falls Hydropower L.P.; Erie For assistance, contact Big Bay Road, Queensbury, NY 12804, Boulevard Hydropower L.P.; Notice of [email protected], (866) (518) 743–2018. Application for Amendment and 208–3676 (toll free), or (202) 502–8659 For the Union Falls Development: Mr. Transfer of License and Soliciting (TTY). Lewis Loon, Union Falls Hydropower m. Comments, Protests, or Motions to Comments, Motions To Intervene, and L.P., General Manager, Operations and Intervene: Anyone may submit Protests Maintenance-USA/QC 423 Brunswick comments, a protest, or a motion to Take notice that the following Avenue, Gardner, ME 04345, (207) 203– intervene in accordance with the hydroelectric application has been filed 3027. requirements of Rules of Practice and with the Commission and is available i. FERC Contact: Kim Nguyen, (202) Procedure, 18 CFR 385.210, .211, and for public inspection. 502–6105 or [email protected]. .214. In determining the appropriate

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action to take, the Commission will Comments Due: 5 p.m. ET 7/12/19. other information, call (866) 208–3676 consider all protests or other comments Docket Numbers: RP19–1368–000. (toll free). For TTY, call (202) 502–8659. filed, but only those who file a motion Applicants: Iroquois Gas Dated: July 3, 2019. to intervene in accordance with the Transmission System, L.P. Kimberly D. Bose, Commission’s Rules may become a Description: § 4(d) Rate Filing: 070219 Secretary. party to the proceeding. Any comments, Negotiated Rates—Spotlight Energy, [FR Doc. 2019–14671 Filed 7–9–19; 8:45 am] protests, or motions to intervene must LLC R–77250–6 to be effective 9/1/2019. BILLING CODE 6717–01–P be received on or before the specified Filed Date: 7/2/19. comment date for the particular Accession Number: 20190702–5070. application. Comments Due: 5 p.m. ET 7/15/19. DEPARTMENT OF ENERGY n. Filing and Service of Documents: Docket Numbers: RP19–1369–000. Any filing must (1) bear in all capital Applicants: Iroquois Gas Federal Energy Regulatory letters the title COMMENTS, PROTEST, Transmission System, L.P. Commission or MOTION TO INTERVENE as Description: § 4(d) Rate Filing: 070219 applicable; (2) set forth in the heading [Docket Nos. EL18–182–000, ER13–2266– Negotiated Rates—Tenaska Marketing 004, ER18–1509–000, ER18–1509–001, the name of the applicant and the Ventures R–2835–20 to be effective 9/1/ ER18–2364–000, ER19–1428–000, ER18– project number of the application to 2019. 1639–000, ER18–1639–001, ER18–1639–002, which the filing responds; (3) furnish Filed Date: 7/2/19. ER18–1639–003] the name, address, and telephone Accession Number: 20190702–5071. number of the person protesting or ISO New England Inc., Constellation Comments Due: 5 p.m. ET 7/15/19. intervening; and (4) otherwise comply Mystic Power, LLC; Supplemental with the requirements of 18 CFR Docket Numbers: RP19–1372–000. Notice of Staff-Led Public Meeting 385.2001 through 385.2005. All Applicants: Dominion Energy Cove As announced in the Notice of Staff- comments, motions to intervene, or Point LNG, LP. Led Public Meeting issued on May 21, protests must set forth their evidentiary Description: Compliance filing 2019, Federal Energy Regulatory basis. Any filing made by an intervenor DECP—2019 Penalty Revenue Commission (Commission) staff will must be accompanied by prof of service Distribution to be effective N/A. Filed Date: 7/2/19. convene a staff-led public meeting on on all persons listed in the service list Monday, July 15, 2019, from 10:00 a.m. prepared by the Commission in this Accession Number: 20190702–5096. Comments Due: 5 p.m. ET 7/15/19. to 5:00 p.m. (ET). The public meeting proceeding, in accordance with 18 CFR will be held in the Commission Meeting 385.2010. Docket Numbers: RP19–1373–000. Applicants: Dominion Energy Room at Commission headquarters, 888 Dated: July 3, 2019. First Street NE, Washington, DC 20426. Transmission, Inc. Kimberly D. Bose, Commissioners may attend and Description: Compliance filing DETI— participate. Secretary. 2019 Overrun and Penalty Revenue [FR Doc. 2019–14677 Filed 7–9–19; 8:45 am] On April 22, 2019, ISO New England Distribution to be effective N/A. Inc. (ISO–NE), New England States BILLING CODE 6717–01–P Filed Date: 7/2/19. Committee on Electricity (NESCOE), Accession Number: 20190702–5112. and New England Power Pool Comments Due: 5 p.m. ET 7/15/19. DEPARTMENT OF ENERGY (NEPOOL) Participants Committee Docket Numbers: RP19–1374–000. jointly requested a public meeting to Federal Energy Regulatory Applicants: Northern Natural Gas share with Commission staff, without Commission Company. violating the Commission’s regulations Description: § 4(d) Rate Filing: prohibiting ex parte communications,1 Combined Notice of Filings 20170702 Negotiated Rate to be effective information about efforts to develop 7/3/2019. proposed tariff revisions in response to Take notice that the Commission has Filed Date: 7/2/19. a Commission directive 2 to reflect received the following Natural Gas Accession Number: 20190702–5202. improvements to ISO–NE’s market Pipeline Rate and Refund Report filings: Comments Due: 5 p.m. ET 7/15/19. design to better address regional fuel Filings Instituting Proceedings The filings are accessible in the security concerns. This notice of public Docket Numbers: RP19–1337–000. Commission’s eLibrary system by meeting is in response to that request. Applicants: Texas Eastern clicking on the links or querying the This staff-led public meeting will Transmission, LP. docket number. consist of three presentations by Description: Submits tariff filing per Any person desiring to intervene or representatives from ISO–NE, NEPOOL, 154.204: Negotiated Rates—MC Global protest in any of the above proceedings and NESCOE with time for questions 7–1–2019 Releases to be effective 7/1/ must file in accordance with Rules 211 and answers at the end of each 2019 under RP19–1337. and 214 of the Commission’s presentation. Questions will be Filed Date: 6/27/19. Regulations (18 CFR 385.211 and permitted from only Commission staff Accession Number: 20190627–5043. 385.214) on or before 5:00 p.m. Eastern and Commissioners. The Commission Comments Due: 5 p.m. ET 7/12/19. time on the specified comment date. will not solicit post-meeting comments. Parties who wish to comment on ISO– Docket Numbers: RP19–1338–000. Protests may be considered, but Applicants: Rockies Express Pipeline intervention is necessary to become a NE’s proposal may do so when ISO–NE LLC. party to the proceeding. files its proposal. Attached to this supplemental notice Description: Submits tariff filing per eFiling is encouraged. More detailed is an agenda for this public meeting, 154.204: Neg Rate 2019–06–27 CP information relating to filing Castleton and Twin Eagle (E2W) to be requirements, interventions, protests, 1 Commission Rules of Practice and Procedure, effective 07/1/2019. service, and qualifying facilities filings Rule 2201, 18 CFR 385.2201 (2018). Filed Date: 6/27/19. can be found at: http://www.ferc.gov/ 2 See ISO New England Inc., 164 FERC 61,003, at Accession Number: 20190627–5096. docs-filing/efiling/filing-req.pdf. For P 2 (2018).

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including the list of speakers for each Federal Power Act, et al. of DTE Electric Compliance Filing to be effective 1/1/ presentation. Company, et al. 2019. All interested persons may attend the Filed Date: 7/3/19. Filed Date: 7/3/19. public meeting. Registration is not Accession Number: 20190703–5103. Accession Number: 20190703–5135. required. However, in-person attendees Comments Due: 5 p.m. ET 7/24/19. Comments Due: 5 p.m. ET 7/24/19. are encouraged to pre-register on-line at: Take notice that the Commission Docket Numbers: ER19–1803–001. https://www.ferc.gov/whats-new/ received the following electric rate Applicants: North Rosamond Solar, registration/07-15-19-form.asp. In- filings: LLC. person attendees should allow time to Docket Numbers: ER15–1883–005; Description: Tariff Amendment: pass through building security ER10–1852–027; ER10–1890–011; Amendment Filing to May 8, 2019 MBR procedures before the 10:00 a.m. start ER10–1951–013; ER10–1962–011; Filing to be effective 5/9/2019. time of the public meeting. ER10–1989–011; ER11–2160–011; Filed Date: 7/3/19. The public meeting will be webcast. ER11–2192–013; ER11–3635–011; Accession Number: 20190703–5011. A link to the webcast of this event will ER11–4462–034; ER11–4677–012; Comments Due: 5 p.m. ET 7/24/19. be available in the Commission ER11–4678–012; ER12–2444–011; Docket Numbers: ER19–2351–000. Calendar of Events at www.ferc.gov. The ER12–631–013; ER12–676–010; ER13– Applicants: American Transmission Capitol Connection provides technical 1991–010; ER13–1992–010; ER13–2112– Systems, Incorporated, PJM support for webcasts and offers the 007; ER15–1016–005; ER15–1375–005; Interconnection, L.L.C. option of listening to the meeting via ER15–1418–005; ER15–2243–003; Description: § 205(d) Rate Filing: phone-bridge for a fee. If you have any ER15–2477–005; ER16–2443–002; ATSI submits two ECSAs, Service questions, visit http:// ER16–632–003; ER16–90–005; ER16– Agreement Nos. 5322 and 5323 to be www.CapitolConnection.org or call (703) 91–005; ER17–196–002; ER17–2340– effective 9/6/2019. 993–3100. 002; ER17–582–003; ER17–583–003; Filed Date: 7/3/19. The public meeting will not be ER17–822–003; ER17–823–003; ER17– Accession Number: 20190703–5045. transcribed. PowerPoint slides or 838–009; ER18–1978–002; ER18–241– Comments Due: 5 p.m. ET 7/24/19. printed documents used in the public 002; ER18–772–002; ER18–807–002; Docket Numbers: ER19–2352–000. meeting will be entered into the record ER19–1392–002. Applicants: Massachusetts Electric in Docket No. EL18–182–000. Applicants: Adelanto Solar, LLC, Company. Commission public meetings are Adelanto Solar II, LLC, Blythe Solar II, Description: § 205(d) Rate Filing: accessible under section 508 of the LLC, Blythe Solar 110, LLC, Casa Mesa Filing of Small Generator Rehabilitation Act of 1973. For Wind, LLC, Desert Sunlight 250, LLC, Interconnection Agmt with Gas accessibility accommodations, please Desert Sunlight 300, LLC, Florida Power Recovery Systems, LLC to be effective 7/ send an email to [email protected] & Light Company, FPL Energy Green 1/2019. or call toll free 1–866–208–3372 (voice) Power Wind, LLC, FPL Energy Filed Date: 7/3/19. or 202–208–8659 (TTY), or send a fax to Montezuma Wind, LLC, Genesis Solar, Accession Number: 20190703–5058. 202–208–2106 with the required LLC, Golden Hills Interconnection, LLC, Comments Due: 5 p.m. ET 7/24/19. accommodations. Golden Hills North Wind, LLC, Golden Docket Numbers: ER19–2353–000. For more information about this Hills Wind, LLC, Hatch Solar Energy Applicants: Midcontinent public meeting, please contact Frank Center I, LLC, High Lonesome Mesa Independent System Operator, Inc. Swigonski by phone at (202) 502–8089 Wind, LLC, High Winds, LLC, Luz Solar Description: § 205(d) Rate Filing: or by email at [email protected]. Partners Ltd., III, Luz Solar Partners 2019–07–03_SA 3327 ATC–WPSC PCA For information related to logistics, Ltd., IV, Luz Solar Partners Ltd., V, (Packaging) to be effective 9/2/2019. please contact Sarah McKinley at (202) McCoy Solar, LLC, New Mexico Wind, Filed Date: 7/3/19. 502–8368 or by email at LLC, NextEra Blythe Solar Energy Accession Number: 20190703–5064. [email protected]. Center, LLC, NextEra Energy Comments Due: 5 p.m. ET 7/24/19. Dated: July 3, 2019. Montezuma II Wind, LLC, NextEra Docket Numbers: ER19–2354–000. Kimberly D. Bose, Energy Marketing, LLC, NEPM II, LLC, Applicants: Southern California NextEra Energy Services Massachusetts, Edison Company. Secretary. LLC, North Sky River Energy, LLC, Description: § 205(d) Rate Filing: [FR Doc. 2019–14707 Filed 7–9–19; 8:45 am] Perrin Ranch Wind, LLC, Pima Energy Letter Agreement with Silverstrand BILLING CODE 6717–01–P Storage System, LLC, Pinal Central Grid, LLC to be effective 7/5/2019. Energy Center, LLC, Red Mesa Wind, Filed Date: 7/3/19. Accession Number: 20190703–5095. DEPARTMENT OF ENERGY LLC, Shafter Solar, LLC, Silver State Solar Power South, LLC, Sky River LLC, Comments Due: 5 p.m. ET 7/24/19. Federal Energy Regulatory Vasco Winds, LLC, Westside Solar, LLC, Docket Numbers: ER19–2355–000. Commission Whitney Point Solar, LLC, Windpower Applicants: Southwestern Public Partners 1993, LLC. Service Company. Combined Notice of Filings #2 Description: Triennial Market Power Description: § 205(d) Rate Filing: Update for the Southwest Region of SPS–GSEC–NPEC IA Pringle NDP–712– Take notice that the Commission NextEra Companies. SPS 0.0.0 to be effective 7/4/2019. received the following electric corporate Filed Date: 7/1/19 Filed Date: 7/3/19. filings: Accession Number: 20190701–5421. Accession Number: 20190703–5096. Docket Numbers: EC19–111–000. Comments Due: 5 p.m. ET 8/30/19. Comments Due: 5 p.m. ET 7/24/19. Applicants: DTE Electric Company, Docket Numbers: ER19–1427–001. Docket Numbers: ER19–2356–000. Heritage Stoney Corners Wind Farm I, Applicants: Alabama Power Applicants: PSEG Energy Resources & LLC. Company. Trade LLC. Description: Application for Description: Compliance filing: Description: Tariff Cancellation: Authorization Under Section 203 of the Southern Companies’ ROE Settlement Cancelation of Keystone and

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Conemaugh 1 & 2 to be effective 12/31/ DEPARTMENT OF ENERGY Applicants: Watson Cogeneration 9998. Company. Filed Date: 7/3/19. Federal Energy Regulatory Description: Notification of Change in Commission Status of Watson Cogeneration Accession Number: 20190703–5098. Company. Comments Due: 5 p.m. ET 7/24/19. Combined Notice of Filings #1 Filed Date: 6/28/19. Docket Numbers: ER19–2357–000. Take notice that the Commission Accession Number: 20190628–5354. Applicants: Alabama Power received the following electric rate Comments Due: 5 p.m. ET 7/19/19. Company. filings: Docket Numbers: ER10–2862–007; Description: § 205(d) Rate Filing: Docket Numbers: ER10–2265–016; ER11–4625–007. Quitman II Solar LGIA Filing to be ER12–21–022; ER10–2261–008; ER11– Applicants: Harbor Cogeneration effective 6/21/2019. 2062–024; ER11–4307–025; ER12–261– Company, LLC. Description: Triennial Market Power Filed Date: 7/3/19. 024; ER10–2264–008; ER10–1581–022; ER10–2354–010; ER11–4308–025; Analysis and Notice of Change of Status Accession Number: 20190703–5099. ER13–2107–012; ER13–2020–012; of Harbor Cogeneration Company, LLC, Comments Due: 5 p.m. ET 7/24/19. ER13–2050–012; ER10–2359–009; et al. Filed Date: 6/28/19. Docket Numbers: ER19–2358–000. ER11–3418–004. Applicants: NRG Power Marketing Accession Number: 20190628–5350. Applicants: DTE Electric Company, LLC, Agua Caliente Solar, LLC, Cabrillo Comments Due: 5 p.m. ET 8/27/19. Heritage Stoney Corners Wind Farm I, Power II LLC, Energy Plus Holdings Docket Numbers: ER10–3050–004; LLC. LLC, Green Mountain Energy Company, ER10–3053–004. Description: Expedited Request for Independence Energy Group LLC, Long Applicants: Cabazon Wind Partners, Authorization to Engage in Affiliate Beach Generation LLC, Long Beach LLC, Whitewater Hill Wind Partners, Transactions, et al. of DTE Electric Peakers LLC, Midway-Sunset LLC. Company, et al. Cogeneration Company, Reliant Energy Description: Updated Market Power Filed Date: 7/3/19. Northeast LLC, Solar Partners I, LLC, Analysis for the Southwest Region of Accession Number: 20190703–5101. Solar Partners II, LLC, Solar Partners Cabazon Wind Partners, LLC, et. al. VIII, LLC, Sunrise Power Company, Filed Date: 6/28/19. Comments Due: 5 p.m. ET 7/24/19. LLC, XOOM Energy, LLC. Accession Number: 20190628–5344. Docket Numbers: ER19–2359–000. Description: Updated Market Power Comments Due: 5 p.m. ET 8/27/19. Applicants: National Grid Generation Analysis of the NRG Southwest MBR Docket Numbers: ER11–1858–008. LLC. Sellers. Applicants: NorthWestern Filed Date: 6/28/19. Description: § 205(d) Rate Filing: Corporation. Accession Number: 20190628–5363. Annual Reset of Pension and OPEB Description: Triennial Market Power Comments Due: 5 p.m. ET 8/27/19. Expenses to be effective 1/1/2019. Analysis for the Northwest Region of Docket Numbers: ER10–2290–007. NorthWestern Corporation. Filed Date: 7/3/19. Applicants: Avista Corporation. Filed Date: 6/28/19. Accession Number: 20190703–5114. Description: Triennial Market Power Accession Number: 20190628–5341. Comments Due: 5 p.m. ET 7/24/19. Update for the Northwest Region of Comments Due: 5 p.m. ET 8/27/19. The filings are accessible in the Avista Corporation. Docket Numbers: ER13–1865–003. Commission’s eLibrary system by Filed Date: 7/1/19. Applicants: Tesoro Refining & clicking on the links or querying the Accession Number: 20190701–5387. Marketing Company LLC. docket number. Comments Due: 5 p.m. ET 8/30/19. Description: Updated Market Power Docket Numbers: ER10–2474–019; Analysis of Tesoro Refining & Marketing Any person desiring to intervene or ER10–2475–019; ER10–3246–013; Company LLC. protest in any of the above proceedings ER12–21–021; ER13–1266–022; ER15– Filed Date: 6/28/19. must file in accordance with Rules 211 2211–019. Accession Number: 20190628–5348. and 214 of the Commission’s Applicants: Nevada Power Company, Comments Due: 5 p.m. ET 8/27/19. Regulations (18 CFR 385.211 and Sierra Pacific Power Company, 385.214) on or before 5:00 p.m. Eastern Docket Numbers: ER13–1865–004. PacifiCorp, CalEnergy, LLC, time on the specified comment date. Applicants: Tesoro Refining & MidAmerican Energy Company. Protests may be considered, but Marketing Company LLC. Description: Updated Market Power intervention is necessary to become a Description: Notification of Change in Analysis for the Northwest Region of the party to the proceeding. Status of Tesoro Refining & Marketing BHE Northwest Entities. Company LLC. eFiling is encouraged. More detailed Filed Date: 6/28/19. Filed Date: 6/28/19. information relating to filing Accession Number: 20190628–5333. Accession Number: 20190628–5349. requirements, interventions, protests, Comments Due: 5 p.m. ET 8/27/19. Comments Due: 5 p.m. ET 7/19/19. service, and qualifying facilities filings Docket Numbers: ER10–2575–009. can be found at: http://www.ferc.gov/ Docket Numbers: ER16–1341–003. Applicants: Watson Cogeneration docs-filing/efiling/filing-req.pdf. For Applicants: Southwest Power Pool, Company. other information, call (866) 208–3676 Inc. Description: Updated Market Power (toll free). For TTY, call (202) 502–8659. Description: Southwest Power Pool, Analysis of Watson Cogeneration Inc. submits tariff filing per 35.19a(b): Dated: July 3, 2019. Company. Refund Report_Historical Amounts Kimberly D. Bose, Filed Date: 6/28/19. Billed under Attachment Z2 to be Secretary. Accession Number: 20190628–5353. effective N/A. [FR Doc. 2019–14670 Filed 7–9–19; 8:45 am] Comments Due: 5 p.m. ET 8/27/19. Filed Date: 6/28/19. BILLING CODE 6717–01–P Docket Numbers: ER10–2575–010. Accession Number: 20190628–5345.

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Comments Due: 5 p.m. ET 7/19/19. Accession Number: 20190628–5338. Commission and is available for public Docket Numbers: ER19–1073–001; Comments Due: 5 p.m. ET 8/27/19. inspection. ER11–3942–019; ER13–1139–018; Docket Numbers: ER19–2326–000. a. Type of Application: Subsequent ER13–1346–010; ER14–2630–011; Applicants: NSTAR Electric License—Transmission Line Only. ER19–1074–001; ER19–1075–001; Company. b. Project No.: P–10821–005. ER19–1076–001; ER19–529–001. Description: Initial rate filing: c. Date Filed: June 27, 2019. Applicants: Alta Wind VIII, LLC, SEMASS Partnership—Design, d. Applicant: Pacific Gas & Electric Brookfield Energy Marketing Inc., Engineering and Construction Company (PG&E). e. Name of Project: Camp Far West Brookfield Energy Marketing LP, Agreement to be effective 7/1/2019. Transmission Line Project. Brookfield Energy Marketing US LLC, Filed Date: 7/1/19. f. Location: The existing transmission Brookfield Renewable Trading and Accession Number: 20190701–5330. line project, with the proposed Marketing LP, Mesa Wind Power Comments Due: 5 p.m. ET 7/22/19. modification, would be located in Placer Corporation, Windstar Energy LLC, Docket Numbers: ER19–2327–000. and Yuba Counties, California. The Imperial Valley Solar 1, LLC, Regulus Applicants: ISO New England Inc., project would occupy a total of 52.3 Solar, LLC. New England Power Pool Participants acres and include tribal land (Auburn Description: Updated Market Power Committee. Off-Reservation Land Trust) managed by Analysis for the Southwest Region of Description: § 205(d) Rate Filing: the U.S. Department of the Interior, the Brookfield Companies and the Notice of Eff Date—Monthly ‘‘Balance of Bureau of Indian Affairs and federal TerraForm Companies. Planning Period’’ and Chng to FTR land (Beale Air Force Base) managed by Filed Date: 6/28/19. Rights to be effective 9/17/2019. the U.S. Department of Defense. Accession Number: 20190628–5339. Filed Date: 7/1/19. g. Filed Pursuant to: Federal Power Comments Due: 5 p.m. ET 8/27/19. Accession Number: 20190701–5341. Comments Due: 5 p.m. ET 7/22/19. Act 16 U.S.C. 791 (a)–825(r). Docket Numbers: ER19–1575–001; h. Applicant Contact: Mr. Robert ER10–1992–020; ER10–3251–013; The filings are accessible in the Donovan, Senior Transmission Planner, ER13–1586–014; ER14–2382–013; Commission’s eLibrary system by Pacific Gas & Electric Company, 245 ER14–2871–013; ER15–110–012; ER15– clicking on the links or querying the Market Street, Room 1053B, Mail Code 463–012; ER15–621–012; ER15–622– docket number. N10A, San Francisco, California 94105. 012; ER16–1129–006; ER16–1130–006; Any person desiring to intervene or i. FERC Contact: Quinn Emmering, ER16–1131–006; ER16–1132–006; protest in any of the above proceedings (202) 502–6382, quinn.emmering@ ER16–182–008; ER16–72–008; ER16– must file in accordance with Rules 211 ferc.gov. 902–004; ER17–1574–003; ER17–1785– and 214 of the Commission’s j. Cooperating Agencies: Federal, 003; ER17–47–005; ER17–48–005; Regulations (18 CFR 385.211 and state, local, and tribal agencies with ER18–2013–002; ER18–2240–001; 385.214) on or before 5:00 p.m. Eastern jurisdiction and/or special expertise ER18–2241–001; ER18–47–004; ER19– time on the specified comment date. with respect to environmental issues 1658–001; ER19–1660–001; ER19–1662– Protests may be considered, but that wish to cooperate in the 001; ER19–1663–001; ER19–1664–001; intervention is necessary to become a preparation of the environmental ER19–1665–001; ER19–1666–001; party to the proceeding. document should follow the ER19–1667–001; ER19–426–001; ER19– eFiling is encouraged. More detailed instructions for filing such requests 427–001. information relating to filing described in item l below. Cooperating Applicants: Alta Oak Realty, LLC, requirements, interventions, protests, agencies should note the Commission’s Dutch Wind, LLC, Cameron Ridge, LLC, service, and qualifying facilities filings policy that agencies that cooperate in Cameron Ridge II, LLC, Coachella Wind, can be found at: http://www.ferc.gov/ the preparation of the environmental LLC, DifWind Farms Limited I, DifWind docs-filing/efiling/filing-req.pdf. For document cannot also intervene. See, 94 Farms Limited II, DifWind Farms other information, call (866) 208–3676 FERC 61,076 (2001). Limited V, DifWind Farms LTD VI, EUI (toll free). For TTY, call (202) 502–8659. k. Pursuant to section 4.32(b)(7) of 18 Affiliate LLC, Garnet Wind, LLC, Luz Dated: July 2, 2019. CFR of the Commission’s regulations, if Solar Partners IX, Ltd., Luz Solar Nathaniel J. Davis, Sr., any resource agency, Indian Tribe, or Partners VIII, Ltd., Mojave 3/4/5 LLC, Deputy Secretary. person believes that an additional MOJAVE 16/17/18 LLC, Oak Creek [FR Doc. 2019–14642 Filed 7–9–19; 8:45 am] scientific study should be conducted in Wind Power, LLC, ON Wind Energy order to form an adequate factual basis BILLING CODE 6717–01–P LLC, Pacific Crest Power, LLC, PHWD for a complete analysis of the Affiliate, LLC, Refresh Wind, LLC, application on its merit, the resource Refresh Wind 2, LLC, Ridgetop Energy, DEPARTMENT OF ENERGY agency, Indian Tribe, or person must file LLC, San Gorgonio Westwinds II— a request for a study with the Windustries, LLC, San Gorgonio Federal Energy Regulatory Commission not later than 60 days from Westwinds II, LLC, Terra-Gen 251 Commission the date of filing of the application, and Wind, LLC, Terra-Gen Dixie Valley, serve a copy of the request on the [Project No. 10821–005] LLC, Terra-Gen Energy Services, LLC, applicant. Terra-Gen Mojave Windfarms, LLC, Pacific Gas & Electric Company; l. Deadline for filing additional study Terra-Gen VG Wind, LLC, TGP Energy Notice of Application Tendered for requests and requests for cooperating Management, LLC, Victory Garden Filing With the Commission and agency status: August 26, 2019. Phase IV, LLC, Voyager Wind I, LLC, Soliciting Additional Study Requests The Commission strongly encourages Voyager Wind II, LLC, VPI Enterprises, and Establishing Procedural Schedule electronic filing. Please file additional LLC, Yavi Energy, LLC. for Relicensing and a Deadline for study requests and requests for Description: Updated Market Power Submission of Final Amendments cooperating agency status using the Analysis for the Southwest Region of Commission’s eFiling system at http:// Alta Oak Realty, LLC, et. al. Take notice that the following www.ferc.gov/docs-filing/efiling.asp. For Filed Date: 6/28/19. application has been filed with the assistance, please contact FERC Online

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Support at FERCOnlineSupport@ Request Additional Information (if Docket Numbers: RP19–1342–000. ferc.gov, (866) 208–3676 (toll free), or necessary)—August 2019 Applicants: Texas Eastern (202) 502–8659 (TTY). In lieu of Issue Acceptance Letter—November Transmission, LP. electronic filing, please send a paper 2019 Description: Compliance filing TETLP copy to: Secretary, Federal Energy Issue Scoping Document 1 for OFO July 2019 Penalty Disbursement Regulatory Commission, 888 First Street comments—December 2019 Report to be effective N/A. NE, Washington, DC 20426. The first Request Additional Information (if Filed Date: 6/28/19. page of any filing should include docket necessary)—February 2020 Accession Number: 20190628–5093. number P–10821–005. Issue Scoping Document 2—March 2020 Comments Due: 5 p.m. ET 7/10/19. m. The application is not ready for Issue notice of ready for environmental Docket Numbers: RP19–1343–000. environmental analysis at this time. analysis—March 2020 Applicants: El Paso Natural Gas n. The existing Camp Far West Commission issues EA, draft EA, or Company, L.L.C. Transmission Line Project (P–10821) is draft EIS—October 2020 Description: § 4(d) Rate Filing: a transmission line-only project and Comments on EA, draft EA or draft Negotiated Rate Agreement Update does not generate power. The project EIS—November 2020 (Conoco July 19) to be effective 7/1/ serves as the primary transmission line Commission issues final EA of final 2019. for South Sutter Water District’s Camp EIS—February 2021 Filed Date: 6/28/19. Far West Hydroelectric Project No. Final amendments to the application Accession Number: 20190628–5133. 2997. The currently licensed project must be filed with the Commission no Comments Due: 5 p.m. ET 7/10/19. includes a 1.9-mile-long, three-phase, later than 30 days from the issuance Docket Numbers: RP19–1344–000. 60-kilovolt (kV) transmission line date of the notice of ready for Applicants: El Paso Natural Gas extending from the powerhouse of the environmental analysis. Company, L.L.C. Camp Far West Hydroelectric Project Dated: July 2, 2019. Description: § 4(d) Rate Filing: (P–2997) in Placer County to an Negotiated Rate Agreement Update interconnection with PG&E’s Smartville- Kimberly D. Bose, Secretary. (APS July 2019) to be effective 7/1/2019. Lincoln (formerly Smartville-Pleasant Filed Date: 6/28/19. Grove) 60-kV transmission line. PG&E [FR Doc. 2019–14646 Filed 7–9–19; 8:45 am] Accession Number: 20190628–5135. now proposes to connect the project’s BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 7/10/19. 1.9-mile-long transmission line to an Docket Numbers: RP19–1345–000. existing 9-mile-long, northbound DEPARTMENT OF ENERGY Applicants: Texas Eastern segment of the Smartville-Lincoln Transmission, LP. transmission line that connects to the Federal Energy Regulatory Description: § 4(d) Rate Filing: Smartville-Nicholas No. 1 transmission Commission Negotiated Rate—Gulfport to Eco- line at Beale Air Force Base. Because the Energy 8958321 to be effective 7/1/2019. 9-mile-long northbound segment of the Combined Notice of Filings Filed Date: 6/28/19. Smartville-Lincoln transmission line Accession Number: 20190628–5139. Take notice that the Commission has would only carrying electrons Comments Due: 5 p.m. ET 7/10/19. transmitted by the project, PG&E received the following Natural Gas proposes to incorporate the 9-mile- Pipeline Rate and Refund Report filings: Docket Numbers: RP19–1346–000. Applicants: Delphi Energy Corp., segment into any subsequent license Filings Instituting Proceedings issued for the project. Outlier Resources Ltd. o. A copy of the application is Docket Numbers: RP10–837–000. Description: Joint Petition for available for review at the Commission Applicants: Dominion Energy Temporary Waiver of Capacity Release in the Public Reference Room or may be Transmission, Inc. Regulations and Policies, et al. of Delphi viewed on the Commission’s website at Description: Submits tariff filing per: Energy Corp., et al. under RP19–1346. http://www.ferc.gov using the eLibrary DETI-Operational Gas Sales Report Filed Date: 6/28/19. link. Enter the docket number excluding effective N/A under RP10–837. Accession Number: 20190628–5144. the last three digits in the docket Filed Date: 06/28/2019. Comments Due: 5 p.m. ET 7/8/19. number field to access the document. Accession Number: 20190628–5136. Docket Numbers: RP19–1347–000. For assistance, contact FERC Online Comment Date: 5 p.m. ET 7/10/19. Applicants: Transcontinental Gas Support. A copy is also available for Docket Numbers: RP10–900–000. Pipe Line Company, inspection and reproduction at the Applicants: Dominion Energy Description: § 4(d) Rate Filing: address in item h above. Transmission, Inc. Negotiated Rates—Cherokee AGL— You may also register online at http:// Description: Submits tariff filing per: Replacement Shippers—Jul 2019 to be www.ferc.gov/docs-filing/ DETI-Operational Gas Sales Report— effective 7/1/2019. esubscription.asp to be notified via 2019 to be effective N/A under RP10– Filed Date: 6/28/19. email of new filings and issuances 837. Accession Number: 20190628–5204. related to this or other pending projects. Filed Date: 06/28/2019. Comments Due: 5 p.m. ET 7/10/19. For assistance, contact FERC Online Accession Number: 20190628–5137. Docket Numbers: RP19–1348–000. Support. Comment Date: 5 p.m. ET 7/10/19. Applicants: NEXUS Gas q. Procedural schedule and final Docket Numbers: RP19–1341–000. Transmission, LLC. amendments: The application will be Applicants: Big Sandy Pipeline, LLC. Description: § 4(d) Rate Filing: processed according to the following Description: § 4(d) Rate Filing: Big Negotiated Rates—Columbia Gas 860005 preliminary Hydro Licensing Schedule. Sandy EPC 2019 to be effective 8/1/ July 1 releases to be effective 7/1/2019. Revisions to the schedule will be made 2019. Filed Date: 6/28/19. as appropriate. Filed Date: 6/28/19. Accession Number: 20190628–5220. Issue Notice of Acceptance or Accession Number: 20190628–5091. Comments Due: 5 p.m. ET 7/10/19. Deficiency Letter—August 2019 Comments Due: 5 p.m. ET 7/10/19. Docket Numbers: RP19–1349–000.

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Applicants: Young Gas Storage DEPARTMENT OF ENERGY Type of Request: Reinstatement of the Company, Ltd. FERC–922 information collection, with Description: Compliance filing Update Federal Energy Regulatory revisions. to Initial Base Settlement Rates and Commission Abstract: In September 2008, the Update to ADWQ Curve Compliance to [Docket No. AD19–16–000] United States Government be effective 7/1/2019. Accountability Office (GAO) issued a Filed Date: 6/28/19. Commission Information Collection report recommending that the Accession Number: 20190628–5222. Activities (FERC–922); Comment Commission, among other actions, work Comments Due: 5 p.m. ET 7/10/19. Request with Regional Transmission Organizations (RTOs), Independent Docket Numbers: RP19–1350–000. AGENCY: Federal Energy Regulatory System Operators (ISOs), stakeholders, Applicants: Texas Eastern Commission. and other experts to develop Transmission, LP. ACTION: Notice of information collection standardized metrics to track the Description: § 4(d) Rate Filing: TETLP and request for comments. performance of RTO/ISO operations and EPC AUG 2019 FILING to be effective 8/ markets and publicly report on those SUMMARY: In compliance with the 1/2019. metrics.2 In accordance with the 2008 requirements of the Paperwork GAO Report, Commission staff Filed Date: 6/28/19. Reduction Act of 1995, the Federal developed a set of standardized metrics Accession Number: 20190628–5248. Energy Regulatory Commission (the Common Metrics), sought and Comments Due: 5 p.m. ET 7/10/19. (Commission or FERC) staff is soliciting received OMB approval to collect public comment on the reinstatement Docket Numbers: RP19–1351–000. information on those metrics from the and revision of the FERC–922, Applicants: Northern Natural Gas RTOs/ISOs, and later non-RTOs/ISOs, Performance Metrics for ISOs, RTOs, Company. and ultimately issued five public reports and Regions Outside ISOs and RTOs. Description: § 4(d) Rate Filing: (Common Metrics Reports).3 20190628 Negotiated Rate to be effective DATES: Comments on the collection of In December 2017, the GAO issued a 7/1/2019. information are due September 9, 2019. report on the RTOs/ISOs with Filed Date: 6/28/19. ADDRESSES: You may submit comments centralized capacity markets.4 Among Accession Number: 20190628–5260. (identified by Docket No. AD19–16–000) other recommendations, the GAO found Comments Due: 5 p.m. ET 7/10/19. by either of the following methods: that the Commission should take steps • eFiling at Commission’s Website: to improve the quality of the data Docket Numbers: RP19–1352–000. http://www.ferc.gov/docs-filing/ collected for its Common Metrics Applicants: Tennessee Gas Pipeline efiling.asp. Report, such as implementing improved • Company, L.L.C. Mail/Hand Delivery/Courier: data quality checks and, where feasible, Description: § 4(d) Rate Filing: Federal Energy Regulatory Commission, ensuring RTOs/ISOs are reporting Volume No. 2- Castleton Commodities Secretary of the Commission, 888 First consistent metrics over time by Merchant Trading L.P. SP348168 to be Street NE, Washington, DC 20426. standardizing definitions; and that the effective 5/1/2019. Instructions: All submissions must be Commission should develop and Filed Date: 6/28/19. formatted and filed in accordance with document an approach to regularly Accession Number: 20190628–5264. submission guidelines at: http:// Comments Due: 5 p.m. ET 7/10/19. www.ferc.gov/help/submission- collection FERC–922, with certain revisions, as guide.asp. For user assistance contact described in more detail herein. See 44 U.S.C. 3507 The filings are accessible in the FERC Online Support by email at (2012). Commission’s eLibrary system by [email protected], or by phone 2 U.S. Gov’t Accountability Off., GAO–08–987, Electricity Restructuring: FERC Could Take clicking on the links or querying the at: (866) 208–3676 (toll-free), or (202) docket number. Additional Steps to Analyze Regional Transmission 502–8659 for TTY. Organizations’ Benefits and Performance (2008) Any person desiring to intervene or Docket: Users interested in receiving (2008 GAO Report). protest in any of the above proceedings automatic notification of activity in this 3 In 2010 and 2011, Commission staff issued must file in accordance with Rules 211 docket or in viewing/downloading reports authored by the RTOs/ISOs. In 2012, and 214 of the Commission’s Commission staff issued a report concerning the comments and issuances in this docket addition of non-RTO/ISO regions to the common Regulations (18 CFR 385.211 and may do so at http://www.ferc.gov/docs- metrics effort. In 2014 and 2016, Commission staff 385.214) on or before 5:00 p.m. Eastern filing/docs-filing.asp. issued reports using aggregated data on the RTO/ ISO and non-RTO/ISO regions. For copies of the time on the specified comment date. FOR FURTHER INFORMATION CONTACT: Protests may be considered, but previous reports, see Federal Energy Regulatory Darren Sheets may be reached at Commission, RTO/ISO Performance Metrics (last intervention is necessary to become a [email protected] by email or updated Aug. 3, 2017), available at http:// party to the proceeding. telephone at (202) 502–8742. www.ferc.gov/industries/electric/indus-act/rto/rto- eFiling is encouraged. More detailed iso-performance.asp (providing links to ISO/RTO SUPPLEMENTARY INFORMATION: information relating to filing Performance Metrics, Docket No. AD10–5–000 (Oct. Title: FERC–922, Performance Metrics 21, 2010); Report to Congress on Performance requirements, interventions, protests, for ISOs, RTOs, and Regions Outside Metrics for Independent System Operators and service, and qualifying facilities filings Regional Transmission Organizations, Docket No. ISOs and RTOs. AD10–5–000 (Apr. 2011); Performance Metrics in can be found at: http://www.ferc.gov/ 1 OMB Control No: 1902–0262. Regions Outside ISOs and RTOs, Docket No. AD12– docs-filing/efiling/filing-req.pdf. For 8–000 (Oct. 15, 2012); Common Metrics, Docket No. other information, call (866) 208–3676 1 The Commission previously had Office of AD14–15–000 (Aug. 26, 2014); and Common (toll free). For TTY, call (202) 502–8659. Management and Budget (OMB) approval for the Metrics Report, Docket No. AD14–15–000 (Aug. 2016, revised Aug. 2017)). Dated: July 2, 2019. information collection FERC–922 under OMB Control No. 1902–0262. On August 7, 2018, 4 U.S. Gov’t Accountability Off., GAO–18–131, Nathaniel J. Davis, Sr., Commission staff requested that OMB discontinue Electricity Markets: Four Regions Use Capacity Deputy Secretary. this information collection. OMB approval for the Markets to Help Ensure Adequate Resources, but information collection was discontinued on August FERC Has Not Fully Assessed Their Performance, [FR Doc. 2019–14641 Filed 7–9–19; 8:45 am] 31, 2018. Commission staff plans to request (2017), available at https://www.gao.gov/assets/ BILLING CODE 6717–01–P authority from OMB to reinstate the information 690/689293.pdf (2017 GAO Report).

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identify, assess, and respond to risks Forced Outage Rate Demand (EFORd)). proposed revisions to the set of that capacity markets face. Group 2 metrics pertain to organized Common Metrics, including the In response to the 2017 GAO Report, energy markets, and thus are designed proposed revisions to improve the Commission staff has proposed changes to be collected only from respondents quality of data collected and to enhance to the Common Metrics information with such energy markets (i.e., all the the Common Metrics Report with collection. First, Commission staff RTOs/ISOs). There are 12 Group 2 capacity market metrics. Specifically, proposes to improve the data collection metrics: Number and Capacity of Commission staff has contacted process by creating a standardized Reliability Must-Run Units, Reliability representatives of the ISO/RTO Council, information collection Input Must-Run Contract Usage, Demand the Edison Electric Institute, American Spreadsheet and an updated, more Response Capability, Unit Hours Wind Energy Association, American detailed User Guide, which will provide Mitigated, Wholesale Power Costs by Public Power Association, and the guidance on completing the information Charge Type, Price Cost Markup, Fuel Energy Information Administration. collection, including information about Adjusted Wholesale Energy Price, Commission staff has assured itself, who should respond, the timeline for Energy Market Price Convergence, by means of internal review, that there responses, the metrics being collected, Congestion Management, is specific, objective support for the including important definitions and a Administrative Cost, New Entrant Net burden estimates associated with the description of the types of metrics and Revenues, and Order No. 825 Shortage information collection requirements. their structure in the information 5 Intervals and Reserve Price Impacts. Estimate of Annual Burden: 6 collection, and how to properly use the Finally, Group 3, the new metrics, Commission staff expects that reporting form. Also, Commission staff pertain to organized capacity markets, proposes to update the list of Common respondents will submit information on and thus are designed to be collected the Common Metrics every two years. Metrics to focus on centrally-organized only from respondents with such energy markets and capacity markets, Commission staff will request a three- capacity markets (i.e., all RTOs/ISOs year approval from OMB, so the which involves adding capacity market with capacity markets). There are 10 metrics. The update also involves the voluntary information collection would Group 3 metrics: Net Cost of New Entry 7 elimination of previously collected happen in Years 1 and 3. (Net CONE) Value, Resource The following table sets forth the metrics on reliability, RTO/ISO billing Deliverability, New Capacity (Entry), controls and customer satisfaction, estimated annual burden and cost 8 for Capacity Retirement (Exit), Forecasted this information collection: interconnection and transmission Demand, Capacity Market Procurement BILLING CODE 2019–14669–P processes, and system lambda. and Prices, Capacity Obligations and Commission staff proposes eliminating Performance Assessment Events, 6 these metrics because they provide Capacity Eligible for Bonus Payments Burden is defined as the total time, effort, or limited information, are reported financial resources expended by persons to for Over-Performance, Capacity Facing generate, maintain, retain, or disclose or provide publicly elsewhere, or do not Penalty Payments for Under- information to or for a Federal agency. For further significantly help Commission staff or Performance, Total Capacity Bonus explanation of what is included in the information the public draw any conclusions Payments and Penalties. A table collection burden, see 5 CFR 1320.3 (2018). 7 The OMB approval is for a maximum of three regarding the benefits of an RTO/ISO. showing the revised Common Metrics The revised data collection, after years. organized by the three groups can be 8 additions and deletions, consists of 29 See generally Bureau of Labor Statistics, found at the back of this Notice. Also, Occupational Employment and Wages, May 2017 Common Metrics. the updated User Guide for the (last modified Mar. 30, 2018), available at: In addition to eliminating certain information collection, and the Computer Systems Analysts (15–1121) https:// metrics and adding new ones, the www.bls.gov/oes/current/oes151121.htm; Lawyers Common Metrics are now organized standardized information collection (23–1011) https://www.bls.gov/oes/current/ oes231011.htm; Electrical Engineers (17–2071) into three groups: Group 1 metrics are reporting form are attached to this Notice. These attachments will not be https://www.bls.gov/oes/current/oes172071.htm; designed to be collected from all Economists (19–3011) https://www.bls.gov/oes/ respondents (i.e., all the RTOs/ISOs and published in the Federal Register, but current/oes193011.htm; Chief Executives (11–1011) non-RTO/ISO utilities). There are seven will be available as part of this notice in https://www.bls.gov/oes/current/oes111011.htm. Group 1 metrics: Reserve Margins, the Commission’s eLibrary system. See Bureau of Labor Statistics, Employer Costs for Commission staff has had informal Employee Compensation, News Release USDL–18– Average Heat Rates, Fuel Diversity, 1941 (Dec. 14, 2018), available at https:// Capacity Factor by Technology Type, contact with stakeholders about the www.bls.gov/news.release/ecec.nr0.htm. Those Energy Emergency Alerts (EEA Level 1 hourly wages (plus benefits) are: $107.61 for the 5 Settlement Intervals and Shortage Pricing in Metrics Data Collection and Write Performance or Higher), Performance by Technology Markets Operated by Regional Transmission Analysis categories, and $122.81 for the Type during EEA Level 1 or Higher, and Organizations and Independent System Operators, Management Review component which is solely Resource Availability (Equivalent Order No. 825, 155 FERC 61,276 (2016). based on the Chief Executive wage rates.

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BILLING CODE 2019–14669–C RTO/ISO utility will respond to this markets respond and they each only Explanation of the Table: The revised FERC–922 information have one BAA. Finally, there is only Number of Respondents (1) in the first collection. estimated to be one non-RTO/ISO utility column varies by Group, as all as a potential new respondent, who respondents do not provide information The second column, Number of Responses in Years 1 & 3 (2) is would only be responding to the Group on each of the 29 Common Metrics. 1 metrics that apply to all respondents. Commission staff has estimated the characterized by the number of number of respondents for the first three Balancing Authority Areas (BAAs) each The Annual Frequency of Filings (3) Groups based on the assumption that respondent would be reporting on, as is 0.67 for all groups. This fraction the six jurisdictional RTOs/ISOs and the the respondent would provide a reflects that there will be two five non-RTO/ISO utilities (11 total response to each metric for each of its information collections or one each respondents) that previously responded BAAs. Each RTO/ISO is a single BAA during Years 1 and 3 of the three-year 2 to the FERC–922 information collection and therefore will only provide OMB authorization period, so ⁄3 or 0.67 will provide responses to this revised responses to each metric for one BAA, is the adjustment to reflect a yearly FERC–922 information collection. but utilities in the non-RTO/ISO regions value for the burden. Therefore, the estimated number of that previously responded have reported The Total Number of Annual respondents in Group 1 is 11, because metrics for more than one BAA (for Responses (4) is the product of the all respondents report on the Group 1 instance, Duke Energy has multiple second column, Number of Responses metrics. The estimated number of BAAs outside of RTOs/ISOs and filed in Years 1 and 3 (2), multiplied by the respondents for Group 2 is six, because metrics for each BAA in the previous third, the Annual Frequency of Filings only the jurisdictional RTOs/ISOs with information collection). Therefore, the (3). Thus for the first group, this value energy markets respond to the Group 2 estimated number of responses for is 16 × 0.67 or 10.72. metrics. Likewise, the estimated number Group 1 (all RTOs/ISOs and non-RTO/ The Estimated Burden Hours per of respondents in Group 3 is four, ISO utilities) is the number of BAAs in Response (5) reflects the total number of because only the jurisdictional RTOs/ the RTOs/ISOs, i.e., six, plus the estimated burden hours, separated into ISOs with capacity markets respond to number of non-RTO/ISO BAAs i.e., 10, the three reporting categories (collect, the Group 3 metrics. Finally, the table which equals 16 total responses. The write, review) for all four groups of includes a burden estimate for potential estimated number of responses for respondents. The total estimated burden new respondents. As all the Group 2 (all RTOs/ISOs with energy hours for the first three groups of jurisdictional RTOs/ISOs previously markets) is the same as the number of respondents are the same as the responded to FERC–922, any potential respondents, i.e., six, as only the RTOs/ previous FERC–922 information new respondent would be a utility in a ISOs respond and they each only have collection burden estimates, 401 hours. non-RTO/ISO region, and thus would one BAA. The estimated number of An increased estimate of the burden only be submitting responses to the responses for Group 3 (all RTOs/ISOs hours, 427 hours, is for Potential New Group 1 metrics, but for the first time. with capacity markets) is the same as Respondents, in recognition of the fact Commission staff conservatively the number of respondents, i.e., four, as that the burden on a new respondent is estimates that, at most, one new non- only the four RTOs/ISOs with capacity likely higher. The number of hours in

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each reporting category has been upward for the private industry benefits ER12–21–021; ER13–1266–022; ER15– adjusted in this collection, as compared of 30.3 percent, and are a weighted 2211–019. to the previous FERC–922 collection average of those categories. Applicants: Nevada Power Company, burden estimate, to reflect less emphasis Comments: Comments are invited on: Sierra Pacific Power Company, on the writing category, as Commission (1) Whether the collection of PacifiCorp, Agua Caliente Solar, LLC, staff has developed a structured data information is necessary for the proper CalEnergy, LLC, MidAmerican Energy collection tool which will decrease the performance of the functions of the Service LLC. amount of written text that respondents Commission, including whether the Description: Updated Market Power will provide in the information information will have practical utility; Analysis for the Northwest Region of the collection.9 (2) the accuracy of the agency’s estimate BHE Northwest Entities. The Estimated Cost per Response (6) of the burden and cost of the collection Filed Date: 6/28/19. is the product of the three variables: The of information, including the validity of Accession Number: 20190628–5333. Estimated Burden Hours per Response the methodology and assumptions used; Comments Due: 5 p.m. ET 8/27/19. (5) for a category, multiplied by the (3) ways to enhance the quality, utility Docket Numbers: ER10–2739–025; labor rate (for wages plus benefits) for and clarity of the information collection; ER10–1892–012; ER13–1430–006; each category (which is not shown in and (4) ways to minimize the burden of ER13–1561–006; ER16–1652–013; the table), multiplied by the proportion the collection of information on those ER17–1490–001; ER19–170–001. of total hours attributable to this Group, who are to respond, including the use Applicants: LS Power Marketing, LLC, to report on a category, e.g., the number of automated collection techniques or Arlington Valley Solar Energy II, LLC, of metrics in that Group divided by the other forms of information technology. Centinela Solar Energy, LLC, Columbia total number of metrics (also not shown Further, Commission staff requests Energy LLC, Gateway Energy Storage, in table). An example in the first row is comments on whether the proposed LLC, LifeEnergy, LLC, Vista Energy that for Group 1, Metrics Data Collection metrics (attached) will effectively track Storage, LLC. category, the $7,039 is the product of the performance of the RTO/ISO energy Description: Updated Market Power 271 hours in column (5) multiplied by and capacity markets and the Analysis for the Southwest Region of LS the weighted average labor rate for that administrative and market functions Power Marketing, LLC, et al. category ($107.61) multiplied by 0.242 that are common to the RTOs/ISOs and Filed Date: 7/1/19. (the ratio of metrics in the first Group, the individual utilities in non-RTO/ISO Accession Number: 20190701–5414. seven, to the total number of metrics, 29 regions. Comments Due: 5 p.m. ET 8/30/19. or 7 ÷ 29). This fraction is not displayed Docket Numbers: ER10–2822–014; in the table.10 Dated: July 3, 2019. The Estimated Total Annual Burden Kimberly D. Bose, ER10–3158–008; ER10–3161–008; Hours (7) is the product of the Total Secretary. ER10–3162–008; ER12–308–008; ER16– Number of Annual Responses (4) times [FR Doc. 2019–14669 Filed 7–9–19; 8:45 am] 1238–002; ER16–1250–006; ER17–1242– 001; ER17–1392–002. the Estimated Burden Hours per BILLING CODE 6717–01–P Response (5). For the first row of the Applicants: Atlantic Renewable first group this value is 2,905 hours = Projects II LLC, Avangrid Arizona 10.72 × 271 hours. DEPARTMENT OF ENERGY Renewables, LLC, Avangrid Finally, the Estimated Total Annual Renewables, LLC, El Cabo Wind LLC, Cost (8) reflects the total burden to the Federal Energy Regulatory Dillon Wind LLC, Manzana Wind LLC, industry and is calculated by Commission Mountain View Power Partners III, LLC, multiplying the Total Number of Shiloh I Wind Project, LLC, Tule Wind Annual Responses (4) times the Combined Notice of Filings #2 LLC. Estimated Cost per Response (6) for each Take notice that the Commission Description: Updated Market Power category for all groups and produces an received the following electric corporate Analysis of the Avangrid Southwest estimated total cost in the last row of the filings: MBR Sellers. table. The wage rates utilized in this Filed Date: 7/1/19. Docket Numbers: EC19–108–000. Accession Number: 20190701–5415. burden estimate have been updated to Applicants: Valentine Solar, LLC, Comments Due: 5 p.m. ET 8/30/19. recent Bureau of Labor Statistics Glaciers Edge Wind Project, LLC. estimates for the same categories as used Description: Application for Docket Numbers: ER15–1596–008; in the prior burden estimates for the Authorization Under Section 203 of the ER10–2590–006; ER10–2593–006; FERC–922 information collection (i.e., Federal Power Act, et al. of Valentine ER10–2616–015; ER11–4400–012; Computer Systems Analysts, Lawyers, Solar, LLC, et al. ER15–1599–008; ER15–1958–007; Electrical Engineers, Economists, and Filed Date: 7/1/19. ER19–102–001. the category Chief Executive). Wage Accession Number: 20190701–5401. Applicants: Dynegy Commercial Asset estimates use the 90th percentile wage Comments Due: 5 p.m. ET 7/22/19. Management, LLC, Dynegy Energy from the recent Bureau of Labor Take notice that the Commission Services (East), LLC, Dynegy Marketing Employees Benefit Survey, adjusted received the following electric rate and Trade, LLC, Dynegy Moss Landing, filings: LLC, Dynegy Oakland, LLC, Dynegy 9 The estimated hours per response has increased Docket Numbers: ER10–2290–007. Power Marketing, LLC, Dynegy for: (a) Metrics Data Collection component to 271 Applicants: Avista Corporation. Resources Management, LLC, Luminant hours (from 229 hours), and (b) Management Energy Company LLC. Review component to 60 hours (from 33 hours). The Description: Triennial Market Power estimated hours per response for Write Performance Update for the Northwest Region of Description: Updated Triennial Analysis has decreased to 70 hours (from 139 Avista Corporation. Market Power Analysis for the hours). Filed Date: 7/1/19. Southwest Region by the Vistra 10 The fraction for Group 1 and the Potential New Accession Number: 20190701–5387. Southwest MBR Sellers. Respondents is 0.242 (the seven metrics in the first Comments Due: 5 p.m. ET 8/30/19. Group divided by the total number of metrics, 29); Filed Date: 7/1/19. for Group 2 the fraction is 0.414 (12 divided by 29); Docket Numbers: ER10–2475–019; Accession Number: 20190701–5416. for Group 3 the fraction is 0.345 (10 divided by 29). ER10–2474–019; ER10–3246–013; Comments Due: 5 p.m. ET 8/30/19.

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Docket Numbers: ER16–748–003. Applicants: GridLiance Heartland Docket Numbers: ER19–2334–000. Applicants: Sentinel Energy Center, LLC, Midcontinent Independent System Applicants: Public Service Company LLC. Operator, Inc. of Colorado. Description: Market Power Update of Description: Tariff Amendment: Description: § 205(d) Rate Filing: Sentinel Energy Center, LLC. 2019–07–02_Errata to GridLiance OATT–PSCO Transition From RMRG to Filed Date: 7/1/19. Heartland Revisions to Incorporate NWPP to be effective 9/3/2019. Accession Number: 20190701–5406. Formula to be effective 9/1/2019. Filed Date: 7/2/19. Comments Due: 5 p.m. ET 8/30/19. Filed Date: 7/2/19. Accession Number: 20190702–5102. Docket Numbers: ER17–2059–004; Accession Number: 20190702–5141. Comments Due: 5 p.m. ET 7/23/19. ER10–3097–009. Comments Due: 5 p.m. ET 7/23/19. Docket Numbers: ER19–2335–000. Applicants: Puget Sound Energy, Inc., Docket Numbers: ER19–2328–000. Applicants: Public Service Company Bruce Power Inc. Applicants: AEP Texas Inc. of Colorado. Description: Updated Market Power Description: § 205(d) Rate Filing: Description: § 205(d) Rate Filing: Analysis in the Northwest Region for AEPTX-Pedernales Electric Cooperative PSC–TSGT–BkCoU–CSU–BAA– Puget Sound Energy, Inc., et al. Interconnection Agr. 1st Amend/ SubentitiyRSA–538–0.0.0 to be effective Filed Date: 7/1/19. Restated to be effective 3/13/2019. 9/3/2019. Accession Number: 20190701–5395. Filed Date: 7/2/19. Filed Date: 7/2/19. Comments Due: 5 p.m. ET 8/30/19. Accession Number: 20190702–5000. Accession Number: 20190702–5103. Comments Due: 5 p.m. ET 7/23/19. Docket Numbers: ER18–2033–001. Comments Due: 5 p.m. ET 7/23/19. Applicants: Saavi Energy Solutions, Docket Numbers: ER19–2329–000. Docket Numbers: ER19–2336–000. LLC. Applicants: Midcontinent Applicants: Public Service Company Description: Updated Market Power Independent System Operator, Inc., of Colorado. Analysis for Southwest Region of Saavi Ameren Illinois Company. Description: § 205(d) Rate Filing: Energy Solutions, LLC. Description: § 205(d) Rate Filing: PSC–WAPA–WACM–Subentity– Filed Date: 7/1/19. 2019–07–02_SA 2880 Att A-Project RsrvShrngSvcAgrmt–547–0.0.0 to be Accession Number: 20190701–5407. Specifications No. 4 WVPA-EnerStar- effective 9/3/2019. Comments Due: 5 p.m. ET 8/30/19. West Union to be effective 6/3/2019. Filed Date: 7/2/19. Accession Number: 20190702–5104. Filed Date: 7/2/19. Docket Numbers: ER19–1415–001; Comments Due: 5 p.m. ET 7/23/19. ER11–2508–024; ER19–2140–001; Accession Number: 20190702–5044. Comments Due: 5 p.m. ET 7/23/19. Docket Numbers: ER19–2337–000. ER19–2141–001; ER19–2142–001; Applicants: Public Service Company ER19–2143–001; ER19–2144–001; Docket Numbers: ER19–2330–000. of Colorado. ER19–2145–001; ER19–2146–001; Applicants: Arizona Public Service Description: § 205(d) Rate Filing: ER19–2147–001; ER19–2148–001. Company. PSC–MEAN–NITS–246–0.0.0–Filing to Applicants: GenOn California South, Description: Notice of Cancellation of be effective 9/3/2019. LP, GenOn Energy Management, LLC, Rate Schedule No. 218 of Arizona Filed Date: 7/2/19. Brunot Island Power, LLC, Gilbert Public Service Company. Accession Number: 20190702–5105. Power, LLC, Heritage Power Marketing, Filed Date: 7/1/19. Comments Due: 5 p.m. ET 7/23/19. LLC, Mountain Power, LLC, New Castle Accession Number: 20190701–5386. Docket Numbers: ER19–2338–000. Power, LLC, Portland Power, LLC, Comments Due: 5 p.m. ET 7/22/19. Applicants: PJM Interconnection, Sayreville Power, LLC, Shawville Docket Numbers: ER19–2331–000. L.L.C. Power, LLC, Warren Generation, LLC. Applicants: Entergy Nuclear Description: § 205(d) Rate Filing: Description: Updated Market Power Generation Company. Original ISA, SA No. 5416; Queue No. Analysis for the Southwest Region of Description: Tariff Cancellation: AC2–067/AC2–068 to be effective 6/4/ the GenOn Holdings, Inc. subsidiaries. Entergy Nuclear Generation Company to 2019. Filed Date: 7/1/19. be effective 6/10/2019. Filed Date: 7/2/19. Accession Number: 20190701–5412. Filed Date: 7/2/19. Accession Number: 20190702–5144. Comments Due: 5 p.m. ET 8/30/19. Accession Number: 20190702–5097. Comments Due: 5 p.m. ET 7/23/19. Docket Numbers: ER19–1704–001. Comments Due: 5 p.m. ET 7/23/19. Docket Numbers: ER19–2339–000. Applicants: Midcontinent Docket Numbers: ER19–2332–000. Applicants: PacifiCorp. Independent System Operator, Inc. Applicants: Southern California Description: § 205(d) Rate Filing: Description: Tariff Amendment: Edison Company. Cedar Springs Wind LGIA to be effective _ 2019–06–28 SA 2010 Ameren-SIPC Description: § 205(d) Rate Filing: 9/1/2019. Substitute WDS Agreement to be Letter Agreement with EC&R Solar Filed Date: 7/2/19. effective 12/31/9998. Development, LLC, Painter BESS to be Accession Number: 20190702–5145. Filed Date: 6/28/19. effective 7/3/2019. Comments Due: 5 p.m. ET 7/23/19. Accession Number: 20190628–5241. Filed Date: 7/2/19. Docket Numbers: ER19–2340–000. Comments Due: 5 p.m. ET 7/19/19. Accession Number: 20190702–5100. Applicants: Black Hills Power, Inc. Docket Numbers: ER19–1932–002. Comments Due: 5 p.m. ET 7/23/19. Description: § 205(d) Rate Filing: Applicants: Duke Energy Progress, Docket Numbers: ER19–2333–000. Subentity Reserve Sharing Agreement LLC. Applicants: Public Service Company (BHP) to be effective 9/3/2019. Description: Tariff Amendment: of Colorado. Filed Date: 7/2/19. Amendment to DEP–PJM Amended JOA Description: § 205(d) Rate Filing: Accession Number: 20190702–5166. Concurrence to be effective 7/22/2019. PSCo Reserve Energy Tariff_Eff. 9.3.19 Comments Due: 5 p.m. ET 7/23/19. Filed Date: 7/2/19. to be effective 9/3/2019. Docket Numbers: ER19–2341–000. Accession Number: 20190702–5138. Filed Date: 7/2/19. Applicants: AEP Texas Inc. Comments Due: 5 p.m. ET 7/23/19. Accession Number: 20190702–5101. Description: § 205(d) Rate Filing: Docket Numbers: ER19–2050–001. Comments Due: 5 p.m. ET 7/23/19. AEPTX-Las Majadas Wind Farm

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Interconnection Agreement First Amend Federal Register in Docket No. IC19– Abstract: Under the Interstate & Restated to be effective 6/14/2019. 20–000 requesting public comments. Commerce Act (ICA),2 the Commission Filed Date: 7/2/19. The Commission received two public is authorized and empowered to make Accession Number: 20190702–5168. comments and will indicate that in its investigations and to collect and record Comments Due: 5 p.m. ET 7/23/19. submittals to OMB. data to the extent the Commission may The filings are accessible in the DATES: Comments on the collections of consider to be necessary or useful for Commission’s eLibrary system by information are due August 9, 2019. the purpose of carrying out the clicking on the links or querying the ADDRESSES: Comments filed with OMB, provisions of the ICA. The Commission docket number. identified by OMB Control Nos.: 1902– must ensure just and reasonable rates Any person desiring to intervene or 0022 (FERC Form No. 6) and 1902–0206 for transportation of crude oil and protest in any of the above proceedings (FERC Form No. 6–Q), should be sent petroleum products by pipelines in must file in accordance with Rules 211 via email to the Office of Information interstate commerce. and 214 of the Commission’s and Regulatory Affairs: oira_ FERC Form No. 6, Annual Report of Oil Regulations (18 CFR 385.211 and [email protected]. Attention: Pipeline Companies 385.214) on or before 5:00 p.m. Eastern Federal Energy Regulatory Commission In 1977, the Department of Energy time on the specified comment date. Desk Officer. Organization Act transferred to the Protests may be considered, but A copy of the comments should also Commission from the Interstate intervention is necessary to become a be sent to the Commission, in Docket Commerce Commission (ICC) the party to the proceeding. No. IC19–20–000, by either of the responsibility to regulate oil pipeline eFiling is encouraged. More detailed following methods: companies. In accordance with the information relating to filing • eFiling at Commission’s Website: transfer of authority, the Commission requirements, interventions, protests, http://www.ferc.gov/docs-filing/ was delegated the responsibility to service, and qualifying facilities filings efiling.asp. require oil pipelines to file annual can be found at: http://www.ferc.gov/ • Mail/Hand Delivery/Courier: reports of information necessary for the docs-filing/efiling/filing-req.pdf. For Federal Energy Regulatory Commission, Commission to exercise its statutory other information, call (866) 208–3676 Secretary of the Commission, 888 First responsibilities.3 The transfer included (toll free). For TTY, call (202) 502–8659. Street NE, Washington, DC 20426. the ICC Form P, the predecessor to Dated: July 2, 2019. Instructions: All submissions must be FERC Form No. 6.4 Nathaniel J. Davis, Sr., formatted and filed in accordance with To reduce burden on industry, FERC submission guidelines at: http:// Deputy Secretary. Form No. 6 has three tiers of reporting www.ferc.gov/help/submission- requirements: [FR Doc. 2019–14643 Filed 7–9–19; 8:45 am] guide.asp. For user assistance, contact BILLING CODE 6717–01–P 1. Each oil pipeline carrier whose FERC Online Support by email at annual jurisdictional operating revenues [email protected], or by phone has been $500,000 or more for each of at: (866) 208–3676 (toll-free), or (202) DEPARTMENT OF ENERGY the three previous calendar years must 502–8659 for TTY. file FERC Form No. 6 (18 CFR 357.2 (a)). Federal Energy Regulatory Docket: Users interested in receiving Oil pipeline companies subject to the Commission automatic notification of activity in this provisions of section 20 of the ICA must docket or in viewing/downloading submit FERC Form No. 6–Q. 18 CFR [Docket No. IC19–20–000] comments and issuances in this docket 357.4(b)). Newly established entities may do so at http://www.ferc.gov/docs- Commission Information Collection must use projected data to determine filing/docs-filing.asp. Activities (FERC Form Nos. 6 and 6– whether FERC Form No. 6 must be filed. Q); Comment Request; Extension FOR FURTHER INFORMATION CONTACT: 2. Oil pipeline carriers exempt from Ellen Brown by email at filing FERC Form No. 6 whose annual AGENCY: Federal Energy Regulatory [email protected], telephone at Commission. (202) 502–8663, and fax at (202) 273– Notice of Proposed Rulemaking in Docket No. ACTION: Notice of information 0873. RM19–12 on March 14, 2019.) In addition, this submittal does not reflect Docket No. RM15–19 collections and request for comments. SUPPLEMENTARY INFORMATION: (Petition for a Rulemaking of the Liquids Shippers Titles: FERC Form Nos. 6 (Annual Group, et al., (2015)) and Docket No. RM17–1 SUMMARY: In compliance with the Report of Oil Pipeline Companies) and (Revisions to Indexing Policies and Page 700 of FERC Form No. 6 (2016)). requirements of the Paperwork 6–Q (Quarterly Report of Oil Pipeline Reduction Act of 1995 (PRA), the 2 49 U.S.C. part 1, Section 20, 54 Stat. 916. Companies). 3 Federal Energy Regulatory Commission Section 402(b) of the Department of Energy OMB Control Nos.: 1902–0022 (FERC Organization Act (DOE Act), 42 U.S.C. 7172 (Commission or FERC) is soliciting Form No. 6) and 1902–0206 (FERC Form provides that; ‘‘[t]here are hereby transferred to, and public comment on the currently No.6–Q). vested in, the Commission all functions and approved information collections FERC Type of Respondent: Oil pipeline. authority of the Interstate Commerce Commission Form Nos. 6 (Annual Report of Oil or any officer or component of such Commission Type of Request: Three-year extension where the regulatory function establishes rates or Pipeline Companies) and 6–Q of FERC Form Nos. 6 and 6–Q charges for the transportation of oil by pipeline or (Quarterly Report of Oil Pipeline information collections with no changes established the valuation of any such pipeline.’’ Companies) and submitting the to the current reporting and 4 The ICC developed the Form P to collect information collections to the Office of 1 information on an annual basis to enable it to carry recordkeeping requirements. out its regulation of oil pipeline companies under Management and Budget (OMB) for the Interstate Commerce Act. A comprehensive review. Any interested person may file 1 FERC Form Nos. 6 and 6–Q are part of the review of the reporting requirements for oil pipeline comments directly with OMB and ‘‘Forms Refresh’’ effort, which is a separate activity companies was performed on September 21, 1982, should address a copy of those and not addressed here. See Revisions to the Filing when the Commission issued Order No. 260 Process for Commission Forms, 166 FERC ¶ 61,027 revising the former ICC Form P, ‘‘Annual Report of comments to the Commission as (2019) (started in Docket No. AD15–11 and ongoing Carriers by Pipeline’’ and redesignating it as FERC explained below. On April 15, 2019, the in Docket No. RM19–12). (OMB issued its decisions Form No. 6, ‘‘Annual Report of Oil Pipeline Commission published a Notice in the on the proposed changes in the Forms Refresh Companies’’.

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jurisdictional operating revenues have information collected in FERC Form No. and product account (NIPA) for been more than $350,000 but less than 6–Q to carry out its responsibilities in structures investment estimates. BEA $500,000 for each of the three previous implementing the statutory provisions notes that the NIPA estimates for calendar years must prepare and file of the ICA to include the authority to electric, gas, and pipeline structures rely page 301, ‘‘Operating Revenue Accounts prescribe rules and regulations on the VPIP source data and that (Account 600), and page 700, ‘‘Annual concerning accounts, records, and estimates of utility industry structures Cost of Service Based Analysis memoranda, as necessary or investment for the BEA fixed assets Schedule,’’ of FERC Form No. 6. When appropriate. Financial accounting and accounts relies on the VIP-based NIPA submitting pages 301 and 700, each reporting provides necessary structure estimates. exempt oil pipeline carrier must include information concerning a company’s BEA further notes that FERC Form page 1 of FERC Form No. 6, the past performance and its future No. 6 data is used indirectly to derive Identification and Attestation schedules prospects. Without reliable financial annual pipeline transportation output in (18 CFR 357.2(a)(2)). statements prepared in accordance with the industry accounts program. BEA 3. Oil pipeline carriers exempt from the Commission’s USofA and related explains that data obtained by the filing FERC Form No. 6 and pages 301 regulations, it would be difficult for the industry account from the Association and whose annual jurisdictional Commission to accurately determine the of Oil Pipelines ‘‘Shifts in Petroleum operating revenues were $350,000 or costs that relate to a particular time Transportation’’ report is based, in part, less for each of the three previous period, service, or line of business. on this survey. BEA concludes that calendar years must prepare and file The Commission uses data from FERC FERC Form No. 6 information is page 700, ‘‘Annual Cost of Service Form No. 6–Q to assist in: (1) considered an indispensable data source Based Analysis Schedule,’’ of FERC Implementation of its financial audits to the NIPA estimates and industry Form No. 6. When submitting page 700, and programs; (2) continuous review of accounts estimates because it is used each exempt oil pipeline carrier must the financial condition of regulated indirectly through the VPIP program include page 1 of FERC Form No. 6, the companies; (3) assessment of energy and the trade association. Identification and Attestation schedule markets; (4) rate proceedings and Finally, BEA requests that the (18 CFR 357.2(a)(3)). economic analyses; and (5) research for Commission keep BEA informed of any The Commission uses the data in use in litigation. modifications to FERC Form Nos. 6 and FERC Form Nos. 6 and 6–Q to perform Financial information reported on the 6–Q, and notes, in particular, that BEA audits and reviews on the financial quarterly FERC Form No. 6–Q provides is particularly interested in any condition of oil pipelines; assess energy the Commission, as well as customers, modifications proposed during the markets; conduct oil pipeline rate investors and others, an important tool forms approval process that would proceedings and economic analysis; to help identify emerging trends and substantially affect BEA’s use of the conduct research for use in issues affecting jurisdictional entities data. administrative litigation; and administer within the energy industry. It also Commission Response: As discussed the requirements of the ICA. Data from provides timely disclosures of the above, the public utilizes the data in FERC Form No. 6 facilitates the impacts that new accounting standards, FERC Form Nos. 6 and 6–Q to assist in calculation of the actual rate of return or changes in existing standards, have monitoring rates, the financial condition on equity for oil pipelines. The actual on jurisdictional entities, as well as the of the oil pipeline industry, and in rate of return on equity is particularly economic effects of significant assessing energy markets. BEA’s useful information when evaluating a transactions, events, and circumstances. comments in support of the collection of pipeline’s rates. The reporting of this information by the Form Nos. 6 and 6–Q data provide The Commission also uses data on jurisdictional entities assists the tangible examples of this utilization and Page 301 of FERC Form No. 6 to Commission in its analysis of reflect the public benefit of reporting compute annual charges which are then profitability, efficiency, risk, and in its FERC Form Nos. 6 and 6–Q information. assessed against oil pipeline companies overall monitoring. With respect to BEA’s interest in any to recover the Commission’s annual Comments: Two commenters, the modifications to FERC Form Nos. 6 and costs as mandated by Order No. 472. Bureau of Economic Analysis (BEA) 5 6–Q, we emphasize that we are not The annual charges are required by and the Liquids Shippers Group (LSG) 6 changing the information to be collected Section 3401 of the Omnibus Budget filed comments in response to the 60- in this proceeding. Reconciliation Act of 1986. day notice. There were no comments The LSG’s Comments: The LSG Furthermore, the majority of state filed in opposition to the collection. supports the continuation of the FERC regulatory commissions use FERC Form BEA’s Comments: BEA’s comments Form Nos. 6 and 6–Q information Nos. 6 and 6–Q and the Commission’s broadly support the collection and collections. The LSG states that the data Uniform System of Accounts (USofA) to outline the manner in which BEA helps the Commission and shippers to satisfy their reporting requirements for utilizes FERC Form Nos. 6 and 6–Q evaluate the reasonableness of pipeline those companies under their data. BEA states that the forms are used rates. In addition, the LSG recommends jurisdiction. In addition, the public uses to estimate the U.S. Census Bureau’s that the Commission modify the FERC the data in FERC Form Nos. 6 and 6– construction value put-in-place (VPIP) Form No. 6 in order to enhance the Q to assist in monitoring rates, the for oil pipeline utilities, which, quality, utility and clarity of the financial condition of the oil pipeline according to BEA, serves as a major information collection. The LSG industry, and in assessing energy source data input to the national income explains that in April 2015, the LSG, the markets. Airlines for America and the National 5 Propane Gas Association filed a joint FERC Form No. 6–Q, Quarterly Report BEA’s comments are posted in FERC eLibrary at https://elibrary.ferc.gov/idmws/common/ Petition for Rulemaking in Docket No. of Oil Pipeline Companies OpenNat.asp?fileID=15227493 and https:// RM15–19–000. The petition asked the Oil pipeline companies subject to the elibrary.ferc.gov/idmws/common/ Commission to issue a proposed rule to OpenNat.asp?fileID=15227494. provisions of section 20 of the ICA must 6 The LSG’s comments are posted in FERC modify FERC Form No. 6 in two submit FERC Form No. 6–Q. 18 CFR eLibrary at https://elibrary.ferc.gov/idmws/ respects: (1) Require certain pipelines to 357.4(b)). The Commission uses the common/OpenNat.asp?fileID=15274579. file disaggregated Page 700 data; and (2)

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require all pipelines to file or make Page for: (1) ‘‘non-contiguous (geographically 700 workpapers available to a shipper or 700 workpapers available to shippers separate) pipeline systems;’’ and (2) interested person upon request, not just and interested parties upon request, not ‘‘major pipeline systems’’ with certain to the Commission and FERC staff. The just to FERC staff. The LSG also suggested modifications to those LSG suggested that there is no logical explains that it participated in the criteria. According to the LSG, the basis for, and no public interest served Commission’s July 2015 technical aggregated data reported on Page 700 by, the requirement that pipelines conference on the Petition for does not currently provide a shipper provide their workpapers only to the Rulemaking. with the information it needs to Commission and Commission staff. The LSG states that it welcomed the determine whether certain pipelines are According to the LSG, shippers should Commission’s decision to issue an over-recovering on a specific pipeline or have the tools they need to bear the Advanced Notice of Proposed segment. burden of evaluating the reasonableness Rulemaking (ANOPR) in October 2016 The LSG states that in its comments of rates and bringing challenges to the in Docket No. RM17–1.7 According to to the ANOPR, it encouraged the pipeline’s rates. the LSG, the Commission stated that it Commission to propose to revise Page For the reasons stated in its comments was considering issuing a NOPR to 700 to require all pipelines to to the ANOPR, the LSG recommends propose certain changes to the FERC disaggregate Page 700 revenue, barrel that the Commission issue a Notice of Form No. 6, Page 700 reporting and barrel-mile data associated with Proposed Rulemaking (NOPR) in which requirement in order to further enhance cost-based rates, non-cost based rates the Commission proposes the suggested financial reporting transparency. The and other jurisdictional revenues such modifications to the FERC Form No. 6. LSG notes that in its comments to the as penalties. In addition, the LSG states Commission Response: The ANOPR, it encouraged the Commission that it recommended that the Commission and the public utilize the to propose rule changes to require a sub- Commission also propose to require all data in FERC Form Nos. 6 and 6–Q to set of pipelines to file disaggregated pipelines to include information assist in monitoring rates, the financial Page 700 data in the form of the regarding pipeline loss allowance condition of the oil pipeline industry, supplemental Page 700s that it explains revenues in the ‘‘other jurisdictional and in assessing energy markets. The was contemplated by the Commission in revenues’’ category because, according LSG’s comments in support of the the ANOPR. The LSG states that it to the LSG, it is unclear whether those continued collection of FERC Form Nos. supported the Commission’s proposal to revenues are being recorded by 6 and 6–Q data reflect the public benefit require a pipeline to file disaggregated pipelines on Page 700 in a uniform and of reporting this information. Page 700 data if it has both crude oil and consistent manner. LSG’s FERC Form No. 6 modification petroleum product systems. The LSG The LSG explains that in its suggestions are currently before the further states that it supported the comments to the ANOPR, it also Commission in Docket No. RM15–19– Commission’s proposal to require a reiterated the call for the Commission to 000 for consideration in that pipeline to file supplemental Page 700s require all pipelines to make their Page proceeding.

ESTIMATES OF ANNUAL BURDEN 8 AND COST 9 FOR FERC FORM NOS. 6 AND 6–Q

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

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

FERC Form No. 6 ...... 244 1 244 161 hrs.; $12,719 ...... 39,284 hrs.; $12,719 $3,103,436. FERC Form No. 6–Q ... 244 3 732 150 hrs.; $11,850 ...... 109,800 hrs.; 35,550 $8,674,200.

Comments: Comments are invited on: of information on those who are to DEPARTMENT OF ENERGY (1) Whether the collections of respond, including the use of automated information are necessary for the proper collection techniques or other forms of Federal Energy Regulatory performance of the functions of the information technology. Commission Commission, including whether the [Docket No. AC19–171–000] information will have practical utility; Dated: July 3, 2019. Kimberly D. Bose, (2) the accuracy of the agency’s Spire Storage West LLC; Notice of estimates of the burden and cost of the Secretary. Filing collections of information, including the [FR Doc. 2019–14674 Filed 7–9–19; 8:45 am] validity of the methodology and BILLING CODE 6717–01–P Take notice that on June 28, 2019, assumptions used; (3) ways to enhance Spire Storage West LLC (Spire Storage) the quality, utility and clarity of the filed a request as Successor to Clear information collections; and (4) ways to Creek Storage Company, L.L.C. (Clear minimize the burden of the collections Creek) for waiver or clarification of any

7 Revisions to Index Policies and Page 700 of of what is included in the information collection comparable to the Commission’s average cost. FERC Form No. 6, 157 FERC 61,047 (2016). burden, refer to Title 5 Code of Federal Regulations Therefore, we are using the FERC 2018 average 8 Burden is the total time, effort, or financial 1320.3. salary plus benefits (for one FERC full-time resources expended by persons to generate, 9 Commission staff estimates that the industry’s equivalent, or FTE) of $164,820/year (or $79.00/ maintain, retain, or disclose or provide information average cost (for wages and benefits) for completing hour). to or for a Federal agency. For further explanation and filing FERC Form Nos. 6 and 6–Q are

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continuing obligation to file FERC Form regulations to become a savings and management includes the final technical Nos. 3–Q and 2–A covering Clear loan holding company and/or to acquire specification for the identifier standard. Creek’s activities in the months of the assets or the ownership of, control IAE is hosting a meeting to provide January and February 2019 immediately of, or the power to vote shares of a information on the new Unique Entity before its combination into Spire savings association and nonbanking ID standard. The meeting is open to Storage. companies owned by the savings and current and potential federal awardees Any person desiring to intervene or to loan holding company, including the (contracts, grants, loan recipients, etc.) protest this filing must file in companies listed below. and the public. accordance with Rules 211 and 214 of The applications listed below, as well DATES: The Unique Entity ID standard is the Commission’s Rules of Practice and as other related filings required by the considered final on July 10, 2019. Procedure (18 CFR 385.211, 385.214). Board, are available for immediate Meeting date: The meeting will be Protests will be considered by the inspection at the Federal Reserve Bank held on Thursday, July 25, 2019, Commission in determining the indicated. The application also will be starting at 1 p.m. Eastern Standard Time appropriate action to be taken, but will available for inspection at the offices of (EST), and ending no later than 2 p.m., not serve to make protestants parties to the Board of Governors. Interested EST. the proceeding. Any person wishing to persons may express their views in ADDRESSES: The meeting will be held become a party must file a notice of writing on the standards enumerated in virtually. Interested individuals must intervention or motion to intervene, as the HOLA (12 U.S.C. 1467a(e)). If the register to attend as instructed below appropriate. Such notices, motions, or proposal also involves the acquisition of under SUPPLEMENTARY INFORMATION. protests must be filed on or before the a nonbanking company, the review also Once registered, participants will comment date. Anyone filing a motion includes whether the acquisition of the receive the meeting information. Further to intervene or protest must serve a copy nonbanking company complies with the information on the unique entity ID may of that document on the Applicant. standards in section 10(c)(4)(B) of the be found online on the following The Commission encourages HOLA (12 U.S.C. 1467a(c)(4)(B)). Unless website: gsa.gov/entityid. electronic submission of protests and otherwise noted, nonbanking activities FOR FURTHER INFORMATION CONTACT: Ms. interventions in lieu of paper using the will be conducted throughout the Nancy Goode, Program Manager, IAE eFiling link at http://www.ferc.gov. United States. Outreach and Stakeholder Engagement Persons unable to file electronically Unless otherwise noted, comments Division. More information can be should submit an original and 5 copies regarding each of these applications found at gsa.gov/entityid. Questions of the protest or intervention to the must be received at the Reserve Bank related to government implementation Federal Energy Regulatory Commission, indicated or the offices of the Board of can be directed to entityvalidation@ 888 First Street NE, Washington, DC Governors not later than August 5, 2019. gsa.gov. All media questions should be 20426. A. Federal Reserve Bank of Boston directed to the GSA Media Affairs at This filing is accessible on-line at (Prabal Chakrabarti, Senior Vice [email protected]. http://www.ferc.gov, using the eLibrary President) 600 Atlantic Avenue, Boston, SUPPLEMENTARY INFORMATION: link and is available for review in the Massachusetts 02210–2204. Comments Commission’s Public Reference Room in can also be sent electronically to Background Washington, DC. There is an BOS.SRC.Applications.Comments@ Currently, the System for Award eSubscription link on the website that bos.frb.org: Management (SAM.gov) utilizes the Dun enables subscribers to receive email 1. Middlesex Federal MHC, & Bradstreet (D&B) Data Universal notification when a document is added Somerville, Massachusetts; to become a Numbering System (DUNS) ® nine-digit to a subscribed docket(s). For assistance mutual holding company by acquiring number as the unique identifier for with any FERC Online service, please Middlesex Federal Savings, F.A., also of entities throughout the federal awarding email [email protected], or Somerville, Massachusetts. lifecycle, in SAM.gov, in other call (866) 208–3676 (toll free). For TTY, Board of Governors of the Federal Reserve Integrated Award Environment (IAE) call (202) 502–8659. System, July 5, 2019. systems, on required forms, and in Comments: 5:00 p.m. Eastern Time on Yao-Chin Chao, downstream government systems. August 2, 2019. Assistant Secretary of the Board. In 2016, the government revised both Dated: July 3, 2019. [FR Doc. 2019–14682 Filed 7–9–19; 8:45 am] the Federal Acquisition Regulation Kimberly D. Bose, BILLING CODE 6210–01–P (FAR) and Title 2 of the Code of Federal Secretary. Regulations (2CFR) to remove any [FR Doc. 2019–14675 Filed 7–9–19; 8:45 am] proprietary references to D&B and the DUNS® number as the unique entity BILLING CODE 6717–01–P GENERAL SERVICES ADMINISTRATION identifier. This allowed the government to decouple the required unique [Notice QDC–2019–01; Docket No. 2019– identifier from the supporting entity FEDERAL RESERVE SYSTEM 0002; Sequence No. 18] validation services. As such, the U.S. government is Formations of, Acquisitions by, and Unique Entity ID Standard for Awards moving to a new unique entity identifier Mergers of Savings and Loan Holding Management Companies for federal awards management, AGENCY: Office of Systems Management, including, but not limited to, contracts, The companies listed in this notice Integrated Award Environment, General grants, and cooperative agreements, have applied to the Board for approval, Services Administration (GSA). which will ultimately become the pursuant to the Home Owners’ Loan Act ACTION: Notice; announcement of public primary key to identify entities (12 U.S.C. 1461 et seq.) (HOLA), meeting. throughout the federal awarding Regulation LL (12 CFR part 238), and lifecycle, in SAM.gov, other IAE Regulation MM (12 CFR part 239), and SUMMARY: Notice of this new Unique systems, on required forms, and in all other applicable statutes and Entity ID for Federal awards downstream government systems. The

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DUNS® will be phased out as the entity National Institute for Occupational on the feasibility of a registry designed identifier for entity record within SAM. Safety and Health, Centers for Disease to track mesothelioma cases in the Through December 2020, IAE systems Control and Prevention, 1090 Tusculum United States, as well as ® will be transitioning from the DUNS to Ave, MS C–32, Cincinnati, OH 45226, recommendations on enrollment, data a SAM-generated Unique Entity ID phone (513) 533–8260 (not a toll free collection, confidentiality, and registry (UEI). The standard for the new UEI was number). maintenance. The purpose of such a developed by an interagency working SUPPLEMENTARY INFORMATION: On March registry would be to collect information group. This new entity identifier will be 15, 2017, NIOSH published a request for that could be used to develop and the authoritative identifier once the public review in the Federal Register improve standards of care and to transition is complete. [82 FR 13809] of the draft version of the identify gaps in mesothelioma More information can be found at document Draft Current Intelligence prevention and treatment. Comments gsa.gov/entityid. Questions related to Bulletin: The Occupational Exposure were to be received by July 8, 2019. government implementation can be Banding Process: Guidance for the directed to [email protected]. All NIOSH is extending the comment Evaluation of Chemical Hazards. period to close on August 7, 2019, to media questions should be directed to NIOSH received comments from a range the GSA Media Affairs at [email protected]. allow stakeholders and other interested of respondents including academia, parties sufficient time to respond. Public Meeting government agencies, industry, and DATES: The comment period for the The public meeting will be conducted other interested parties. All comments received were reviewed and addressed document published on April 8, 2019 virtually where information on the (84 FR 13928), is extended. Comments awards management Unique Entity ID where appropriate. On the basis of must be received by August 7, 2019. standard will be presented. comments received, NIOSH provided clarification in the final document to ADDRESSES: Comments may be Procedures for Attendance indicate that the guidance for submitted electronically, through the occupational exposure banding To register for the meeting please Federal eRulemaking Portal: http:// describes a voluntary, consistent, and email [email protected] and the www.regulations.gov, or by sending a meeting information will be sent to you. documented process with a decision logic to characterize chemical hazards hard copy to the NIOSH Docket Office, Judith Zawatsky, so that timely, well-informed risk Robert A. Taft Laboratories, MS–C34, Assistant Commissioner, Office of Systems management decisions can be made for 1090 Tusculum Avenue, Cincinnati, OH Management, General Services chemical substances that lack 45226. All written submissions received Administration. occupational exposure limits. must include the agency name (Centers [FR Doc. 2019–14665 Filed 7–9–19; 8:45 am] Additional comments pertaining to for Disease Control and Prevention, BILLING CODE 6820–WY–P usability, clarity of the guidance, and HHS) and docket number (CDC–2019– validation were addressed throughout 0029; NIOSH–327) for this action. All the document and in specifying future relevant comments, including any DEPARTMENT OF HEALTH AND research needs. NIOSH Responses to personal information provided, will be HUMAN SERVICES Peer Review and Public Comments posted without change to http:// documents can be found in the www.regulations.gov. Centers for Disease Control and Supporting Documents section on Prevention www.regulations.gov for this docket. FOR FURTHER INFORMATION CONTACT: Rachel Weiss, Program Analyst, 1090 [CDC–2017–0028; Docket Number NIOSH– John J. Howard, 290] Tusculum Avenue, MS: C–48, Director, National Institute for Occupational Cincinnati, OH 45226; telephone (855) Technical Report: The NIOSH Safety and Health, Centers for Disease Control 818–1629 (this is a toll-free number); and Prevention. Occupational Exposure Banding email [email protected]. Process for Chemical Risk [FR Doc. 2019–14635 Filed 7–9–19; 8:45 am] SUPPLEMENTARY INFORMATION: Management BILLING CODE 4163–18–P NIOSH published a request for information in AGENCY: National Institute for the Federal Register on April 8, 2019 Occupational Safety and Health DEPARTMENT OF HEALTH AND (84 FR 13928), regarding the feasibility (NIOSH) of the Centers for Disease HUMAN SERVICES of a national mesothelioma registry. On Control and Prevention (CDC), June 28, 2019, NIOSH received a request Centers for Disease Control and Department of Health and Human to allow additional time for public Prevention Services (HHS). comments. This notice announces the ACTION: Notice of availability. [Docket No. CDC–2019–0029; NIOSH–327] extension of the comment period until August 7, 2019. SUMMARY: NIOSH announces the Mesothelioma Registry Feasibility; availability of Technical Report: The Request for Information; Extension of John J. Howard, NIOSH Occupational Exposure Banding Comment Period Director, National Institute for Occupational Process for Chemical Risk Management. Safety and Health, Centers for Disease Control AGENCY: Centers for Disease Control and DATES: The final document was and Prevention, Department of Health and Prevention, HHS. published on July 3, 2019 on the CDC Human Services. ACTION website. : Extension of comment period. [FR Doc. 2019–14639 Filed 7–5–19; 8:45 am] ADDRESSES: The document may be SUMMARY: On April 8, 2019, the National BILLING CODE 4163–18–P obtained at the following link: https:// Institute for Occupational Safety and www.cdc.gov/niosh/docs/2019-132/. Health (NIOSH), within the Centers for FOR FURTHER INFORMATION CONTACT: Disease Control and Prevention (CDC), Thomas J. Lentz ([email protected]), opened a docket to obtain information

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DEPARTMENT OF HEALTH AND instruments, call (404) 639–7570 or counseling upon request. Participants HUMAN SERVICES send an email to [email protected]. Direct who report a positive HIV test result written comments and/or suggestions will be offered web-based HIV Centers for Disease Control and regarding the items contained in this counseling if they have not previously Prevention notice to the Attention: CDC Desk requested counseling. Men assigned to Officer, Office of Management and the control arm will only have access to [30Day–19–19BG] Budget, 725 17th Street NW, the study app and web-based Agency Forms Undergoing Paperwork Washington, DC 20503 or by fax to (202) counseling. Men assigned to one Reduction Act Review 395–5806. Provide written comments intervention arm will also be able to within 30 days of notice publication. access another smartphone app In accordance with the Paperwork Proposed Project (HealthMindr) that will allow them to Reduction Act of 1995, the Centers for engage in additional study activities. Disease Control and Prevention (CDC) Web-based approaches to reach black Men assigned to the second intervention has submitted the information or African American and Hispanic/ arm will have access to a web-based collection request titled ‘‘Web-based Latino MSM for HIV Testing and forum (HealthEmpowerment) covering approaches to reach black or African Prevention Services—New—National HIV prevention and not the American and Hispanic/Latino MSM for Center for HIV/AIDS, Viral Hepatitis, HealthMindr app. At four months after HIV Testing and Prevention Services’’ to STD, and TB Prevention (NCHHSTP), enrollment, all participants will the Office of Management and Budget Centers for Disease Control and complete an online survey and will be (OMB) for review and approval. CDC Prevention (CDC). offered additional HIV testing materials previously published a ‘‘Proposed Data Background and Brief Description to complete. Guests who receive a study Collection Submitted for Public The goal of this study is to evaluate HIV self-test kit will be able to report Comment and Recommendations’’ the effectiveness of mailing out rapid the result online. notice on December 6, 2018 to obtain HIV home-testing kits and additional The subpopulation are individuals comments from the public and affected testing promotion components to who: (1) Identify as African-American/ agencies. CDC received one substantive increase HIV testing among black/ black or Hispanic/Latino; (2) report their comment related to the previous notice. African-American or Hispanic/Latino HIV status as negative or report being This notice serves to allow an additional MSM. The findings from this research unaware of their HIV status; (3) are not 30 days for public and affected agency will assist local and state health currently using PrEP or participating in comments. departments, and community based other HIV testing prevention studies; (4) CDC will accept all comments for this organizations in making decisions on have had anal intercourse with another proposed information collection project. how to improve HIV testing and linkage man in the past 12 months; (5) reside in The Office of Management and Budget to HIV prevention services for black/ one of the study states and not planning is particularly interested in comments African American and Hispanic/Latino to move out of the state in the next 4 that: men who have sex with men. months; (6) Are 18 years or older; (7) (a) Evaluate whether the proposed The research study is a randomized born male; and (8) identify as male. We collection of information is necessary control trial and all survey data will be will evaluate the comparative for the proper performance of the collected over the internet. There will effectiveness of the HIV home-testing functions of the agency, including not be any in-person surveys. We will kits and additional testing promotion whether the information will have advertise the study on internet websites components with respect to linkage of practical utility; frequented by black and Hispanic MSM. participants to appropriate services (HIV (b) Evaluate the accuracy of the People will click on a banner ad and treatment, PrEP, STI testing, additional agencies estimate of the burden of the will be taken to a study website that prevention and social services). These proposed collection of information, provides a brief overview of the study. analyses will determine whether any including the validity of the Those who are interested in such differences are significant within methodology and assumptions used; participating will complete a brief and across study arms, and by race/ (c) Enhance the quality, utility, and survey to determine their eligibility. ethnicity. clarity of the information to be Men who are eligible will complete Depending on the study arm to which collected; registration information and then participants are assigned filling out data (d) Minimize the burden of the download a study phone app onto their collection forms, engaging with testing collection of information on those who smartphone. The app will allow them to promotion components, and completing are to respond, including, through the complete a baseline survey. After and submitting at-home HIV testing this use of appropriate automated, completing the baseline survey, they will require between two hours 25 electronic, mechanical, or other will be randomized into one of three technological collection techniques or conditions. minutes and three hours and 45 minutes other forms of information technology, All participants will be sent up to four of a participant’s time over the course of e.g., permitting electronic submission of rapid HIV test kits for their use and to the entire study period. Guests who responses; and give to their friends (hereafter referred receive an HIV self-test from a study (e) Assess information collection to as ‘‘guests’’) and they will report their participant will take up to 37 minutes costs. results to the study. Participants will to complete the testing activities. To request additional information on use the study app to complete study The total annual burden hours are the proposed project or to obtain a copy activities. All participants and guests 1,517. There are no other costs to of the information collection plan and will have access to web-based HIV respondents other than time.

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ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average Number of responses per burden per Type of respondent Form name respondents respondent response per year (in hrs)

Potential participant ...... Eligibility Consent ...... 3,333 3 2/60 Potential participant ...... Eligibility Screener ...... 3,333 20 2/60 Potential participant ...... Study Consent ...... 1,333 2 4/60 Potential participant ...... Registration contact information ...... 1,267 7 2/60 Enrolled participant ...... Baseline Survey ...... 1,200 107 20/60 Enrolled participant ...... Initial HIV Test Result Survey ...... 1,000 43 5/60 Enrolled participant ...... Follow-up Survey ...... 1,000 187 30/60 Enrolled participant ...... Final HIV Test Result Survey ...... 1,000 18 5/60 Enrolled participant ...... Product ordering ...... 400 12 3/60 Guest ...... Guest Consent ...... 667 1 2/60 Guest ...... Guest HIV Test Result Survey ...... 667 24 5/60

Jeffrey M. Zirger, treatment of fetal alcohol spectrum previously approved information Lead, Information Collection Review Office, disorders (FASDs). collection before submitting the Office of Scientific Integrity, Office of Science, DATES: CDC must receive written collection to the OMB for approval. To Centers for Disease Control and Prevention. comments on or before September 9, comply with this requirement, we are [FR Doc. 2019–14681 Filed 7–9–19; 8:45 am] 2019. publishing this notice of a proposed BILLING CODE 4163–18–P data collection as described below. ADDRESSES: You may submit comments, The OMB is particularly interested in identified by Docket No. CDC–2019– comments that will help: DEPARTMENT OF HEALTH AND 0058 by any of the following methods: 1. Evaluate whether the proposed • Federal eRulemaking Portal: HUMAN SERVICES collection of information is necessary Regulations.gov. Follow the instructions for the proper performance of the Centers for Disease Control and for submitting comments. functions of the agency, including Prevention • Mail: Jeffrey M. Zirger, Information whether the information will have Collection Review Office, Centers for [60Day–19–1129; Docket No. CDC–2019– practical utility; Disease Control and Prevention, 1600 0058] 2. Evaluate the accuracy of the Clifton Road NE, MS–D74, Atlanta, agency’s estimate of the burden of the Georgia 30329. Proposed Data Collection Submitted proposed collection of information, Instructions: All submissions received for Public Comment and including the validity of the must include the agency name and Recommendations methodology and assumptions used; Docket Number. CDC will post, without 3. Enhance the quality, utility, and AGENCY: Centers for Disease Control and change, all relevant comments to clarity of the information to be Prevention (CDC), Department of Health Regulations.gov. and Human Services (HHS). Please note: Submit all comments collected; and ACTION: Notice with comment period. through the Federal eRulemaking portal 4. Minimize the burden of the (regulations.gov) or by U.S. mail to the collection of information on those who SUMMARY: The Centers for Disease address listed above. are to respond, including through the Control and Prevention (CDC), as part of use of appropriate automated, its continuing effort to reduce public FOR FURTHER INFORMATION CONTACT: To electronic, mechanical, or other burden and maximize the utility of request more information on the technological collection techniques or government information, invites the proposed project or to obtain a copy of other forms of information technology, general public and other Federal the information collection plan and e.g., permitting electronic submissions agencies the opportunity to comment on instruments, contact Jeffrey M. Zirger, of responses. a proposed and/or continuing Information Collection Review Office, 5. Assess information collection costs information collection, as required by Centers for Disease Control and the Paperwork Reduction Act of 1995. Prevention, 1600 Clifton Road NE, MS– Proposed Project This notice invites comment on a D74, Atlanta, Georgia 30329; phone: Improving Fetal Alcohol Spectrum proposed information collection titled, 404–639–7570; Email: [email protected]. Disorders (FASD) Prevention and Improving Fetal Alcohol Spectrum SUPPLEMENTARY INFORMATION: Under the Practice through Practice and Disorders (FASD) Prevention and Paperwork Reduction Act of 1995 (PRA) Implementation Centers and National Practice through Practice and (44 U.S.C. 3501–3520), Federal agencies Partnerships’’ project (OMB Control No. Implementation Centers and National must obtain approval from the Office of 0920–1129, Exp. 8/31/2019))—Revision Partnerships (PICs). The purpose of Management and Budget (OMB) for each — National Center for Birth Defects and FASD PICs is to collect training collection of information they conduct Developmental Disability (NCBDDD), evaluation data from healthcare or sponsor. In addition, the PRA also Centers for Disease Control and practitioners and staff in health systems requires Federal agencies to provide a Prevention (CDC). where FASD-related practice and 60-day notice in the Federal Register systems changes are implemented, and concerning each proposed collection of Background and Brief Description from grantees of Practice and information, including each new Prenatal exposure to alcohol is a Implementation Centers and national proposed collection, each proposed leading preventable cause of birth partner organizations related to extension of existing collection of defects and developmental disabilities. prevention, identification, and information, and each reinstatement of The term ‘fetal alcohol spectrum

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disorders’ describes the full continuum increased focus on prevention, whether project trainings impacted their of effects that can occur in an individual demonstrating practice change, knowledge and practice behavior exposed to alcohol in utero. These achieving national coverage, and regarding FASD identification, effects include physical, mental, strengthening partnerships between prevention, and treatment. The behavioral, and learning disabilities. All FASD Practice and Implementation information will be used to improve of these have lifelong implications. Centers, or PICs (the newly redesigned future trainings and assess whether Since 2002, CDC funded FASD RTCs), and medical societies and knowledge and practice changes Regional Training Centers (RTCs) to national partner organizations. The occurred. Some participants will also provide education and training to National Organization on Fetal Alcohol complete qualitative key informant healthcare professionals and students Syndrome (NOFAS) also participates in interviews to gain additional about FASD prevention, identification, this project as a resource to the PICS and treatment. In July 2013, CDC information on practice change. Health and national partners. The PICs and system employees will be interviewed convened an expert review panel to national partners are asked to closely or complete surveys as part of projects evaluate the effectiveness of the RTC collaborate in discipline-specific to assess healthcare systems change, program overall and to make workgroups (DSWs) and identify including high impact evaluation recommendations about the program. strategies that will increase the reach of The panel highlighted several the program on a national level. While studies and DSW systems change accomplishments of the RTCs and a major focus of the grantees’ work will projects. The high impact evaluation proposed several changes for future be national, regional approaches will be studies will be primarily qualitative programming: (1) The panel identified a used to develop new content and test assessments of two to three specific need for more comprehensive coverage feasibility and acceptability of materials, grantee efforts that seem likely to result nationally with discipline-specific especially among healthcare providers in achievement of program objectives. trainings, increased use of technology, and medical societies. In addition, CDC The DSW systems change projects will greater collaboration with medical is placing a stronger emphasis on employ online surveys to assess systems societies, and stronger linkages with evaluation, with both individual DSW/ change in selected health systems across national partner organizations to NOFAS evaluations and a cross-site the U.S. increase the reach of training evaluation. opportunities, and (2) The panel Grantees will complete program suggested that the training centers focus CDC requests OMB approval to collect evaluation forms to track perceptions of on demonstrable practice change and program evaluation information from (1) DSW collaboration and perceptions of sustainability and place a stronger healthcare practitioners from disciplines key successes and challenges emphasis on primary prevention of targeted by each DSW, including encountered by the DSW. It is estimated FASDs. In addition, it was training participants, (2) health system that 29,573 respondents will participate recommended that future initiatives staff, and (3) cooperative agreement in the evaluation each year, for a total have stronger evaluation components. grantees over a three-year period. estimated burden of 3790 hours Based on the recommendations of the Healthcare practitioners will complete annually. There are no costs to expert review panel, CDC is placing surveys to provide information on respondents other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Project Grantee Staff ...... DSW Report ...... 90 2 10/60 30 Project Grantee Staff ...... High Impact Study: Discipline Spe- 10 2 60/60 20 cific Workgroup Discussion Guide for Project Staff. Health Care System Staff ...... High Impact Study: Key Informant 10 2 60/60 20 Interview—Health Care System Staff. FASD Core Training Participants ..... FASD Core Training Survey—Pre- 4013 1 9/60 602 Test. FASD Core Training Participants ..... FASD Core Training Survey—Post- 4013 1 5/60 335 Test. FASD Core Training Participants ..... FASD Core Training Survey—6 4013 1 6/60 402 Month Follow-Up. Nurses ...... Pre-Training Survey for Nursing ...... 667 1 9/60 101 Nurses ...... Post-Training Survey for Nursing ..... 550 1 9/60 83 Nurses ...... Six Month Follow-Up Training Sur- 440 1 9/60 66 vey for Nursing. Nurses ...... Nursing DSW Polling Questions ...... 417 1 5/60 35 Nurses ...... Key Informant Interviews with 14 2 45/60 21 Champions. Nurses ...... Brief Questionnaire for Nursing Or- 2,934 1 10/60 489 ganization Memberships. Nurses ...... Friends & Members of the Network 34 2 10/60 12 Survey. Healthcare Organization Represent- Healthcare Organization Utilization 234 1 30/60 117 atives. Survey.

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

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

Obstetrician-Gynecologists and stu- OBGYN SBI Knowledge & Agency .. 600 1 2/60 20 dents in allied health professions. Obstetrician-Gynecologists ...... OBGYN BI–MI Proficiency Rating 600 1 3/60 30 Scale—Provider Skills Training Baseline. Students in allied health professions OBGYN BI–MI Proficiency Rating 600 1 3/60 30 Scale—Standardized Patient Version. Obstetrician-Gynecologists ...... OBGYN BI–MI Proficiency Rating 600 2 3/60 60 Scale—Provider Follow Up (3m & 6m). Obstetrician-Gynecologists and stu- OBGYN Telecom Training Satisfac- 480 1 5/60 40 dents in allied health professions. tion Survey. Obstetrician-Gynecologists and stu- OBGYN Avatar Training Satisfaction 120 1 5/60 10 dents in allied health professions. Survey. Obstetrician-Gynecologists ...... OBGYN FASD–SBI Training Event 124 1 2/60 5 Evaluation. Residency Directors, Training Coor- OBGYN Qualitative Key Informant 34 1 25/60 15 dinators, Clinical Directors, Obste- Interview—Pre-Training. trician-Gynecologists. Residency Directors, Training Coor- OBGYN Qualitative Key Informant 34 1 25/60 15 dinators, Clinical Directors, Obste- Interview—Post-Training. trician-Gynecologists. Certified Medical Assistants and stu- Medical Assistant—Pre-Test Survey 334 1 10/60 56 dents. Students in allied health professions Medical Assistant—Pre-Test Survey 67 1 10/60 12 (Academic). Certified Medical Assistants and stu- Medical Assistant—Post-Test Sur- 334 1 10/60 56 dents. vey. Students in allied health professions Medical Assistant—Post-Test Sur- 67 1 10/60 12 vey (Academic). Certified Medical Assistants and stu- Medical Assistant Follow Up Survey 200 1 10/60 34 dents. Students in allied health professions Medical Assistant Follow Up Survey 17 1 10/60 3 (Academic). Certified Medical Assistants and stu- Medical Assistants Change in Prac- 250 1 15/60 63 dents. tice Survey. Pediatricians ...... Survey of Pediatricians—Baseline 534 2 10/60 178 and Follow Up. Pediatricians ...... AAP Post-Training Evaluation Sur- 120 1 7/60 14 vey. Pediatricians ...... AAP Pre-Training Evaluation Survey 120 1 7/60 14 Pediatricians ...... AAP Three Month Follow Up Eval- 120 1 2/60 4 uation Survey. Pediatricians ...... AAP Six Month Follow Up Evalua- 120 1 5/60 10 tion Survey. Pediatricians ...... FASD Toolkit User Survey ...... 50 1 15/60 13 Pediatricians ...... FASD Toolkit Evaluation Focus 10 1 30/60 5 Group/Guided Interview. Pediatricians ...... Pediatric FASD Regional Education 10 1 20/60 4 and Awareness Liaisons Work Plan. Pediatricians ...... Pediatric FASD Regional Liaison/ 10 1 4/60 1 Champion Training Session Eval- uation. Family Medicine Physicians...... Family Medicine Evaluation Ques- 62 1 8/60 9 tions Addendum for Practice or In- dividual Provider. Family medicine physicians, social Social Work and Family Physicians 1167 1 8/60 156 workers, social work students. Pre-training Survey. Family medicine physicians, social Social Work and Family Physicians 1167 1 5/60 98 workers, social work students. Post-training Survey. Family medicine physicians, social Social Work and Family Physicians 1167 1 8/60 156 workers, social work students. 6-Month Follow Up Survey. NOFAS webinar attendees ...... NOFAS Webinar Survey ...... 601 1 2/60 20 NOFAS webinar attendees...... NOFAS Three Month Follow-Up 601 1 2/60 20 Webinar Questionnaire. NOFAS training participants ...... NOFAS Pre-Test Survey ...... 551 1 3/60 28 NOFAS training participants ...... NOFAS Post-Test Survey ...... 551 1 3/60 28

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ESTIMATED ANNUALIZED BURDEN HOURS—Continued

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

Systems change project participants Clinical Process Improvement Sur- 246 2 10/60 82 vey. Systems change project participants TCU Organizational Readiness Sur- 246 2 10/60 82 vey. Systems change project participants Organizational Readiness to 220 2 10/60 74 Change Assessment.

TOTAL ...... 29,573 ...... 3,790

Jeffrey M. Zirger, (c) Enhance the quality, utility, and they are missed by routine information Lead, Information Collection Review Office, clarity of the information to be collection systems. As a result, the Office of Scientific Integrity, Office of Science, collected; current prevalence of STH infections in Centers for Disease Control and Prevention. (d) Minimize the burden of the previously endemic areas is unknown, [FR Doc. 2019–14684 Filed 7–9–19; 8:45 am] collection of information on those who but socioeconomic and environmental BILLING CODE 4163–18–P are to respond, including, through the conditions favorable to ongoing use of appropriate automated, transmission persist in areas of the electronic, mechanical, or other south, including Alabama and DEPARTMENT OF HEALTH AND technological collection techniques or Mississippi. Collecting this data, along HUMAN SERVICES other forms of information technology, with biological specimens to document e.g., permitting electronic submission of infection, is critical to determine the Centers for Disease Control and responses; and prevalence of STH infections, their Prevention (e) Assess information collection distribution, and risk factors associated [30Day–19–19ABV] costs. with infection. This data will be used to To request additional information on inform the development and Agency Forms Undergoing Paperwork the proposed project or to obtain a copy implementation of effective and Reduction Act Review of the information collection plan and sustainable prevention and control instruments, call (404) 639–7570 or measures in affected areas. In accordance with the Paperwork send an email to [email protected]. Direct Reduction Act of 1995, the Centers for The core data elements were written comments and/or suggestions developed with input from community Disease Control and Prevention (CDC) regarding the items contained in this has submitted the information advocates, and local, state, and federal notice to the Attention: CDC Desk public health and environmental health collection request titled ‘‘Information Officer, Office of Management and Collection on Soil-transmitted Helminth partners in both Alabama and Budget, 725 17th Street NW, Mississippi. The questionnaires have Infections in Alabama and Mississippi’’ Washington, DC 20503 or by fax to (202) to the Office of Management and Budget been designed for self-completion by 395–5806. Provide written comments respondents. The data that are collected (OMB) for review and approval. CDC within 30 days of notice publication. previously published a ‘‘Proposed Data will be pooled and analyzed by Collection Submitted for Public Proposed Project university partners and CDC, to generate hypotheses about potential risk factors Comment and Recommendations’’ Information Collection on Soil- for infection. notice on April 2, 2019 to obtain transmitted Helminth Infections in comments from the public and affected Alabama and Mississippi—New— CDC requests OMB approval to collect agencies. CDC did not receive any Center for Global Health (CGH), Centers critical information, not available comments related to the previous for Disease Control and Prevention otherwise, on the prevalence and notice. This notice serves to allow an (CDC). distribution of disease and on risk additional 30 days for public and factors, knowledge, attitudes and/or affected agency comments. Background and Brief Description practices related to STH infections CDC will accept all comments for this Soil-transmitted helminths (STH) are among residents in at-risk areas in proposed information collection project. intestinal worms transmitted through Alabama and Mississippi. This The Office of Management and Budget contaminated soil. They include information is critical for planning and is particularly interested in comments roundworms (Ascaris lumbricoides), implementation of disease prevention that: whipworms (Trichuris trichiura), and control strategies targeting STH (a) Evaluate whether the proposed hookworms (Ancylostoma duodenale infections in the southeastern United collection of information is necessary and Necator americanus) and the worm States. for the proper performance of the Strongyloides stercoralis. These This data collection is not expected to functions of the agency, including infections were widespread across the entail substantial burden for whether the information will have American South through the early 20th respondents. The estimated total practical utility; century, yet despite the historically high annualized burden associated with this (b) Evaluate the accuracy of the burden of STH infections in these data collection is 220 hours agencies estimate of the burden of the endemic areas of the United States, few (approximately 958 individuals proposed collection of information, resources have been devoted to interviewed × 10 minutes/response). including the validity of the surveillance, prevention, and treatment There will be no costs to respondents methodology and assumptions used; of STH infections in recent years and other than their time.

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ESTIMATED ANNUALIZED BURDEN HOURS

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

Child or parent/guardian in Alabama ...... Questionnaire—Alabama ...... 600 1 10/60 Parent/guardian in Mississippi ...... Questionnaire—Mississippi ...... 358 1 10/60 Child or parent/guardian in Mississippi ...... Anthropometric data—Mississippi ...... 358 1 10/60

Jeffrey M. Zirger, are to respond, including, through the The purpose of this project is to Lead, Information Collection Review Office, use of appropriate automated, develop a training program to relay the Office of Scientific Integrity, Office of Science, electronic, mechanical, or other risks linked to shift work and long work Centers for Disease Control and Prevention. technological collection techniques or hours and give workplace strategies for [FR Doc. 2019–14679 Filed 7–9–19; 8:45 am] other forms of information technology, employers and personal strategies for BILLING CODE 4163–18–P e.g., permitting electronic submission of the officers to reduce the risks. Once responses; and finalized, the training will be available (e) Assess information collection on the NIOSH website. The training will DEPARTMENT OF HEALTH AND costs. be pilot tested with 30 recent graduates HUMAN SERVICES To request additional information on of a police academy in their first field the proposed project or to obtain a copy experience and 30 experienced officers. Centers for Disease Control and of the information collection plan and Study staff will recruit 60 law Prevention instruments, call (404) 639–7570 or enforcement officers during a 30-minute [30Day–19–19BBV] send an email to [email protected]. Direct phone call. All will work full time on written comments and/or suggestions fixed night shifts. The pilot test will use Agency Forms Undergoing Paperwork regarding the items contained in this a pretest/posttest design to examine Reduction Act Review notice to the Attention: CDC Desk sleep (both duration and quality), Officer, Office of Management and In accordance with the Paperwork worktime sleepiness, and knowledge Budget, 725 17th Street NW, retained. Pre-test measures will be Reduction Act of 1995, the Centers for Washington, DC 20503 or by fax to (202) Disease Control and Prevention (CDC) collected two weeks before the training. 395–5806. Provide written comments Post-test measures will be collected the has submitted the information within 30 days of notice publication. collection request ‘‘Online training for week of the training, one week after the law enforcement to reduce risks Proposed Project training and at weeks 11 and 12 of the study. Additional post-test measures associated with shift work and long Online training for law enforcement work hours’’ to the Office of to reduce risks associated with shift will include feedback about the training Management and Budget (OMB) for work and long work hours—NEW— and if specific behaviors changed. review and approval. CDC previously National Institute for Occupational Before starting the pretest, the published a ‘‘Proposed Data Collection Safety and Health (NIOSH), Centers for respondent will sign an informed Submitted for Public Comment and Disease Control and Prevention (CDC). consent form. The pilot pre-test will Recommendations’’ notice on December start with the respondent filling out a 10 Background and Brief Description 10, 2018 to obtain comments from the minute online survey that includes four public and affected agencies. CDC did Law enforcement officers work in short surveys: (1) Demographic not receive comments related to the stressful and dangerous conditions to information and work experience; (2) previous notice. This notice serves to enforce law and order, prevent crime, the Epworth Sleepiness Scale; (3) the allow an additional 30 days for public and protect persons and property. Police Pittsburgh Sleep Quality Index; and (4) and affected agency comments. often work during the evening, at night, a knowledge test. The respondent will CDC will accept all comments for this and sometimes irregular and long hours. be fitted with a wrist actigraph, which proposed information collection project. Shift work and long work hours are will record activity and estimate the The Office of Management and Budget linked to many health and safety risks times of sleep. The respondents will is particularly interested in comments due to disturbances to sleep, circadian keep an online sleep activity diary and that: rhythms, and personal relationships. wear the actigraph continuously during (a) Evaluate whether the proposed These work schedules and inadequate weeks one to four of the study. The collection of information is necessary sleep are likely critical contributors to online sleep activity diary takes for the proper performance of the the many health problems seen in approximately two minutes a day to functions of the agency, including police: Shorter life spans, high complete. The sleep diary and actigraph whether the information will have occupational injury rates, and burden of are being used together to obtain a more practical utility; chronic illnesses. One important accurate timing of respondent’s sleep (b) Evaluate the accuracy of the strategy to reduce these risks is training and activity. agencies estimate of the burden of the programs to inform employers and law During the third week of the study, proposed collection of information, enforcement officers about the risks and the respondent will take the 2.5 hour including the validity of the strategies to reduce the risks. This is a online training program. Immediately methodology and assumptions used; new Information Collection Request for after completing the training, the (c) Enhance the quality, utility, and one year of data collection. The National respondent will take the post-test clarity of the information to be Institute for Occupational Safety and knowledge test and will provide collected; Health is authorized to carry out this feedback about the training including (d) Minimize the burden of the data collection through Occupational barriers to using the training collection of information on those who Safety and Health Act of 1970. information and what influential people

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in their life would want them to do with Epworth Sleepiness Scale, Pittsburgh Study staff will use the findings from the training information. At the end of Sleep Quality Index, and Changes in the pilot test to make improvements to week four, the respondent will return Behaviors questionnaires. The the training program. The research team the actigraph. No data collection will combined response time is five minutes. will reinforce or expand training occur during weeks five to 10 of the The respondent will return the content that showed less than desired study. actigraph and study ends. results on the pilot test. Potential The second post-test period will be The burden table lists three 10-minute impacts of this project include weeks 11 and 12 of the study to gather meetings during the post-test period improvements in management practices longer-term outcomes. At the beginning when they will return the actigraph at such as the design of work schedules of week 11, the respondents will be the end of week four, be fitted with an and improvements in officers’ personal fitted with an actigraph. The respondent actigraph at the beginning of week 11 behaviors for coping with the demands will wear the actigraph and complete and return it at the end of week 12. The of shift work and long work hours. The the sleep activity diary for the next 14 respondents will complete the sleep total estimated annualized burden hours days. At the end of week 12 of the activity diary for 42 days, which will is 334. There are no costs to respondents study, respondent will complete the take two minutes each day. other than their time.

ESTIMATED ANNUALIZED BURDEN HOURS

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

Law enforcement officers ...... phone call for recruitment informed consent 60 1 30/60 Law enforcement officers ...... Initial meeting ...... 60 1 15/60 Law enforcement officers ...... Knowledge survey ...... 60 5 5/60 Law enforcement officers ...... Epworth Sleepiness Scale ...... 60 2 1/60 Law enforcement officers ...... Pittsburgh Sleep Quality Index ...... 60 2 2/60 Law enforcement officers ...... Demographics and work experience ...... 60 1 2/60 Law enforcement officers ...... Sleep Activity Diary ...... 60 84 2/60 Law enforcement officers ...... Online training ...... 60 1 150/60 Law enforcement officers ...... Feedback about Training, Barriers, and Influ- 60 1 5/60 ential People. Law enforcement officers ...... Changes in Behaviors after Training ...... 60 1 2/60 Law enforcement officers ...... Actigraph fitting and return ...... 60 3 10/60

Jeffrey M. Zirger, published a Paperwork Reduction Act Respondents’’ and ends with ‘‘Total Lead, Information Collection Review Office, notice requesting a 60-day public Annual Hours: 194,250.]’’ is corrected to Office of Scientific Integrity, Office of Science, comment period for the information read as follows: Centers for Disease Control and Prevention. collection request identified under [Number of Respondents: 100; Total [FR Doc. 2019–14680 Filed 7–9–19; 8:45 am] CMS–10328, OMB control number Annual Responses: 100; Total Annual BILLING CODE 4163–18–P 0938–1106, and titled ‘‘Medicare Self- Hours: 5,000.] Referral Disclosure Protocol.’’ Dated: July 3, 2019. William N. Parham, III, DEPARTMENT OF HEALTH AND II. Explanation of Error HUMAN SERVICES Director, Paperwork Reduction Staff, Office In the June 26, 2019, notice, the of Strategic Operations and Regulatory information provided in the second Affairs. Centers for Medicare & Medicaid column of the notice on page 30125, Services [FR Doc. 2019–14650 Filed 7–9–19; 8:45 am] was published with incorrect BILLING CODE 4120–01–P [Document Identifier: CMS–10328] information in the ‘‘Number of Respondents,’’ the ‘‘Total Annual Agency Information Collection Responses,’’ and the ‘‘Total Hours’’ DEPARTMENT OF HEALTH AND Activities: Proposed Collection; sections. This notice corrects the HUMAN SERVICES Comment Request; Correction language found in the ‘‘Number of Centers for Medicare & Medicaid AGENCY: Centers for Medicare & Respondents,’’ the ‘‘Total Annual Services Medicaid Services (CMS), HHS. Responses,’’ and the ‘‘Total Hours’’ ACTION: Correction of notice. sections under the third column in the [Document Identifier: CMS–855S and CMS– middle of the column on page 30125 of 10527] SUMMARY: This document corrects the the June 26, 2019. All of the other information provided for [Document information contained in the June 26, Agency Information Collection Identifier: CMS–10328] titled ‘‘Medicare 2019, notice is correct. The related Activities: Proposed Collection; Self-Referral Disclosure Protocol.’’ public comment period remains in Comment Request FOR FURTHER INFORMATION CONTACT: effect and ends August 26, 2019. AGENCY: Centers for Medicare & William N. Parham, III, (410) 786–4669. III. Correction of Error Medicaid Services, HHS. SUPPLEMENTARY INFORMATION: ACTION: Notice. In FR Doc. 2019–13608 of June 26, I. Background 2019 (84 FR 30123), page 30125, the SUMMARY: The Centers for Medicare & In the June 26, 2019, issue of the language in the middle of the second Medicaid Services (CMS) is announcing Federal Register (84 FR 30123), we column that begins with ‘‘[Number of an opportunity for the public to

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comment on CMS’ intention to collect Contents for-profits and Not-for-profit information from the public. Under the This notice sets out a summary of the institutions; Number of Respondents: Paperwork Reduction Act of 1995 (the use and burden associated with the 135,351; Total Annual Responses: PRA), federal agencies are required to following information collections. More 44,757; Total Annual Hours: 265,471. publish notice in the Federal Register detailed information can be found in (For policy questions regarding this concerning each proposed collection of each collection’s supporting statement collection contact Kim McPhillips at information (including each proposed and associated materials (see 410–786–5374.) extension or reinstatement of an existing ADDRESSES). 2. Type of Information Collection Request: Extension of a currently collection of information) and to allow CMS–855S Medicare Enrollment approved collection; Title of 60 days for public comment on the Application—Durable Medical information Collection: Annual proposed action. Interested persons are Equipment, Prosthetics, Orthotics and invited to send comments regarding our Eligibility Redetermination, Product Supplies (DMEPOS) Suppliers Discontinuation and Renewal Notices; burden estimates or any other aspect of CMS–10527 Annual Eligibility Use: Section 1411(f)(1)(B) of the this collection of information, including Redetermination, Product Affordable Care Act directs the the necessity and utility of the proposed Discontinuation and Renewal Notices information collection for the proper Secretary of Health and Human Services Under the PRA (44 U.S.C. 3501– (the Secretary) to establish procedures performance of the agency’s functions, 3520), federal agencies must obtain the accuracy of the estimated burden, to redetermine the eligibility of approval from the Office of Management individuals on a periodic basis in ways to enhance the quality, utility, and and Budget (OMB) for each collection of clarity of the information to be appropriate circumstances. Section information they conduct or sponsor. 1321(a) of the Affordable Care Act collected, and the use of automated The term ‘‘collection of information’’ is collection techniques or other forms of provides authority for the Secretary to defined in 44 U.S.C. 3502(3) and 5 CFR establish standards and regulations to information technology to minimize the 1320.3(c) and includes agency requests information collection burden. implement the statutory requirements or requirements that members of the related to Exchanges, qualified health DATES: Comments must be received by public submit reports, keep records, or plans (QHPs) and other components of September 9, 2019. provide information to a third party. title I of the Affordable Care Act. Under ADDRESSES: When commenting, please Section 3506(c)(2)(A) of the PRA section 2703 of the Public Health reference the document identifier or requires federal agencies to publish a Service Act (PHS Act), as added by the OMB control number. To be assured 60-day notice in the Federal Register Affordable Care Act, and former section consideration, comments and concerning each proposed collection of 2712 and section 2741 of the PHS Act, recommendations must be submitted in information, including each proposed enacted by the Health Insurance any one of the following ways: extension or reinstatement of an existing Portability and Accountability Act of 1. Electronically. You may send your collection of information, before 1996, health insurance issuers in the comments electronically to http:// submitting the collection to OMB for group and individual markets must www.regulations.gov. Follow the approval. To comply with this guarantee the renewability of coverage instructions for ‘‘Comment or requirement, CMS is publishing this unless an exception applies. Submission’’ or ‘‘More Search Options’’ notice. The final rule ‘‘Patient Protection and to find the information collection Information Collection Affordable Care Act; Annual Eligibility document(s) that are accepting Redeterminations for Exchange comments. 1. Type of Information Collection Participation and Insurance 2. By regular mail. You may mail Request: Revision of a currently Affordability Programs; Health written comments to the following approved collection; Title of Insurance Issuer Standards Under the address: CMS, Office of Strategic Information Collection: Medicare Affordable Care Act, including Operations and Regulatory Affairs, Enrollment Application—Durable Standards Related to Exchanges’’ (79 FR Division of Regulations Development, Medical Equipment, Prosthetics, 52994), provides that an Exchange may Attention: Document Identifier/OMB Orthotics and Supplies (DMEPOS) choose to conduct the annual Control Number llll, Room C4–26– Suppliers; Use: The CMS–855S is redetermination process for a plan year 05, 7500 Security Boulevard, Baltimore, submitted by an applicant to the (1) in accordance with the existing Maryland 21244–1850. National Supplier Clearinghouse procedures described in 45 CFR To obtain copies of a supporting Medicare Administrative Contractor 155.335; (2) in accordance with statement and any related forms for the (NSC MAC) to initially apply for a procedures described in guidance proposed collection(s) summarized in Medicare billing number, and thereafter issued by the Secretary for the coverage this notice, you may make your request to add a new business location, year; or (3) using an alternative using one of following: revalidate Medicare enrollment, proposed by the Exchange and approved 1. Access CMS’ website address at reactivate Medicare enrollment, to by the Secretary. website address at https://www.cms.gov/ report a change to current Medicare The final rule also amends the Regulations-and-Guidance/Legislation/ enrollment information, changing the requirements for product renewal and PaperworkReductionActof1995/PRA- tax identification number, and to re-enrollment (or non-renewal) notices Listing.html. voluntary terminate the supplier’s to be sent by QHP issuers in the 2. Email your request, including your Medicare enrollment, as applicable. It is Exchanges and specifies content for address, phone number, OMB number, used by new applicants as well as these notices. The guidance document and CMS document identifier, to suppliers already enrolled in Medicare ‘‘Updated Federal Standard Renewal [email protected]. but need to submit the form for a reason and Product Discontinuation Notices’’ 3. Call the Reports Clearance Office at other than initial enrollment into the (published on July 19, 2018) provides (410) 786–1326. Medicare program. Form Number: standard notices for product FOR FURTHER INFORMATION CONTACT: CMS–855S (OMB control number: discontinuation and renewal to be sent William N. Parham at (410) 786–4669. 0938–1056); Frequency: Yearly; Affected by issuers of individual market QHPs SUPPLEMENTARY INFORMATION: Public: Private Sector, Business or other and issuers in the individual market.

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Issuers in the small group market may collection for the proper performance of 1. Type of Information Collection: use the draft federal standard small the agency’s functions, the accuracy of Revision with change of a currently group notices released in the June 26, the estimated burden, ways to enhance approved collection; Title of 2014 bulletin ‘‘Draft Standard Notices the quality, utility, and clarity of the Information Collection: Notice of Denial When Discontinuing or Renewing a information to be collected, and the use of Medical Coverage (or Payment) Product in the Small Group or of automated collection techniques or (NDMCP); Use: Section 1852(g)(1)(B) of Individual Market’’, or any forms of the other forms of information technology to the Social Security Act (the Act) notice otherwise permitted by minimize the information collection requires Medicare health plans to applicable laws and regulations. States burden. provide enrollees with a written notice that are enforcing the guaranteed DATES: Comments on the collection(s) of in understandable language of the renewability provisions of the information must be received by the reasons for the denial and a description Affordable Care Act may develop their OMB desk officer by August 9, 2019. of the applicable appeals processes. own standard notices for product Medicare health plans, including ADDRESSES: When commenting on the discontinuances, renewals, or both, Medicare Advantage plans, cost plans, proposed information collections, provided the state-developed notices are and Health Care Prepayment Plans please reference the document identifier at least as protective as the federal (HCPPs), are required to issue the Notice or OMB control number. To be assured standard notices. Form Number: CMS– of Denial of Medical Coverage (or consideration, comments and 10527 (OMB control number 0938– Payment) (NDMCP) when a request for recommendations must be received by 1254); Frequency: Annually; Affected either a medical service or payment is the OMB desk officer via one of the Public: Private Sector, State denied, in whole or in part. following transmissions: OMB, Office of Governments; Number of Respondents: Additionally, the notices inform Information and Regulatory Affairs, 1,805; Total Annual Responses: 7,420; Medicare enrollees of their right to file Attention: CMS Desk Officer, Fax Total Annual Hours: 90,331. For policy an appeal, outlining the steps and Number: (202) 395–5806 OR, Email: questions regarding this collection timeframes for filing. All Medicare [email protected] contact Usree Bandyopadhyay at 410– To obtain copies of a supporting health plans are required to use these standardized notices. In 2013, Medicaid 786–6650. statement and any related forms for the appeal rights were integrated into form Dated: July 5, 2019. proposed collection(s) summarized in CMS–10003 for beneficiaries who are William N. Parham, III, this notice, you may make your request eligible for Medicare and full Medicaid Director, Paperwork Reduction Staff, Office using one of following: of Strategic Operations and Regulatory 1. Access CMS’ website address at benefits under a State Medicaid plan. Affairs. https://www.cms.gov/Regulations-and- These appeal rights are provided in instances where a Medicare health plan [FR Doc. 2019–14693 Filed 7–9–19; 8:45 am] Guidance/Legislation/ enrollee receives full benefits under a BILLING CODE 4120–01–P PaperworkReductionActof1995/PRA- State Medical Assistance (Medicaid) Listing.html. 2. Email your request, including your program being managed by the plan and DEPARTMENT OF HEALTH AND address, phone number, OMB number, the plan denies a service or item that is HUMAN SERVICES and CMS document identifier, to also subject to Medicaid appeal rights. Changes to the collection from the 60- [email protected]. Centers for Medicare & Medicaid 3. Call the Reports Clearance Office at day package to the 30-day package Services (410) 786–1326. include: • Removal of language related to State [Document Identifier: CMS–10003] FOR FURTHER INFORMATION CONTACT: Fair Hearings to comply with the change William Parham at (410) 786–4669. in Medicaid managed care rules at 42 Agency Information Collection SUPPLEMENTARY INFORMATION: Under the CFR 438.402(c)(1)(i), effective 2017, that Activities: Submission for OMB Paperwork Reduction Act of 1995 (PRA) all Medicaid managed care denials must Review; Comment Request (44 U.S.C. 3501–3520), federal agencies now first have a plan-level review AGENCY: Centers for Medicare & must obtain approval from the Office of before a State Fair Hearing can be Medicaid Services, HHS. Management and Budget (OMB) for each requested. • ACTION: Notice. collection of information they conduct Updates to comply with the or sponsor. The term ‘‘collection of Medicare Advantage final rule, SUMMARY: The Centers for Medicare & information’’ is defined in 44 U.S.C. published May 23, 2019, Federal Medicaid Services (CMS) is announcing 3502(3) and 5 CFR 1320.3(c) and Register, 84 FR 23832, effective January an opportunity for the public to includes agency requests or 1, 2020, regarding the change in comment on CMS’ intention to collect requirements that members of the public timeframes for Medicare Advantage information from the public. Under the submit reports, keep records, or provide appeals related to Part B drugs. Paperwork Reduction Act of 1995 information to a third party. Section • Removing the option to delete (PRA), federal agencies are required to 3506(c)(2)(A) of the PRA (44 U.S.C. sections related to expedited payment publish notice in the Federal Register 3506(c)(2)(A)) requires federal agencies requests (if applicable); plans are to concerning each proposed collection of to publish a 30-day notice in the leave all language regarding fast information, including each proposed Federal Register concerning each appeals. Text has been added to the extension or reinstatement of an existing proposed collection of information, notice informing enrollees they do not collection of information, and to allow including each proposed extension or have a right to request an expedited a second opportunity for public reinstatement of an existing collection appeal if they are asking to be paid back comment on the notice. Interested of information, before submitting the for an item or service already received persons are invited to send comments collection to OMB for approval. To (42 CFR 422.570(a)). regarding the burden estimate or any comply with this requirement, CMS is • The addition of language in the other aspect of this collection of publishing this notice that summarizes instructions that ‘‘applicable integrated information, including the necessity and the following proposed collection(s) of plans’’ should follow notification utility of the proposed information information for public comment: requirements under final rule published

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April 16, 2019, Federal Register, 84 FR Dated: July 5, 2019. withdrawing the approval of 31 15680, and amended May 23, 2019, William N. Parham, III, abbreviated new drug applications Federal Register, 84 FR 23832, effective Director, Paperwork Reduction Staff, Office (ANDAs) held by Apotex, Inc. (Apotex). January 1, 2021. of Strategic Operations and Regulatory Apotex, through its U.S. agent, has Affairs. • The addition of instructions for requested withdrawal of these [FR Doc. 2019–14719 Filed 7–9–19; 8:45 am] MA–PDs to enter text in the free text applications and has waived its field ‘‘why did we deny your request?’’ BILLING CODE 4120–01–P opportunity for a hearing. when they have determined that the DATES: Approval is withdrawn as of July requested drug being denied is covered DEPARTMENT OF HEALTH AND 10, 2019. under Part D. HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: Form Number: CMS–10003 (OMB Food and Drug Administration Kristiana Brugger, Office of Regulatory control number: 0938–0829); Frequency: Policy, Center for Drug Evaluation and Yearly; Affected Public: State, Local, or [Docket No. FDA–2019–N–2338] Research, Food and Drug Tribal Governments; Number of Administration, 10903 New Hampshire Respondents: 694; Total Annual Apotex, Inc.; Withdrawal of Approval of 31 Abbreviated New Drug Applications Ave., Bldg. 51, Rm. 6262, Silver Spring, Responses: 9,373,200; Total Annual MD 20993, 301–796–3600. Hours: 1,561,575. (For policy questions AGENCY: Food and Drug Administration, regarding this collection contact Staci HHS. SUPPLEMENTARY INFORMATION: FDA approved the following ANDAs on the Paige at 410–786–1943.) ACTION: Notice. dates indicated in the table, for the SUMMARY: The Food and Drug conditions of use found in the reference Administration (FDA or Agency) is listed drug for each application:

ANDA Date of approval Name of drug product

040774 ...... October 3, 2007 ...... Hydrochlorothiazide Tablets USP, 25 milligrams (mg) and 50 mg. 065507 ...... July 13, 2011 ...... Azithromycin Tablets, 250 mg. 065508 ...... July 13, 2011 ...... Azithromycin Tablets, 600 mg. 065509 ...... July 13, 2011 ...... Azithromycin Tablets, 500 mg. 078389 ...... May 16, 2008 ...... Hydrochlorothiazide Capsules, 12.5 mg. 078841 ...... June 2, 2011 ...... Donepezil Hydrochloride Tablets, 5 mg and 10 mg. 090150 ...... October 6, 2010...... Losartan Potassium and Hydrochlorothiazide Tablets, 50 mg/12.5 mg, 100 mg/12.5mg, and 100 mg/25 mg. 090419 ...... April 22, 2009 ...... Mycophenolate Mofetil Capsules, 250 mg. 090463 ...... August 30, 2010 ...... Perindopril Erbumine Tablets, 2 mg, 4 mg, and 8 mg. 090499 ...... April 22, 2009 ...... Mycophenolate Mofetil Tablets, 500 mg. 090790 ...... October 6, 2010 ...... Losartan Potassium Tablets USP, 25 mg, 50 mg, and 100 mg. 091260 ...... August 25, 2011 ...... Cevimeline Hydrochloride Capsules, 30 mg. 091373 ...... April 22, 2011 ...... Naratriptan Tablets USP, 1 mg and 2.5 mg. 091379 ...... November 6, 2012 ...... Sildenafil Citrate Tablets, 20 mg. 200164 ...... September 25, 2012 ...... Tolterodine Tartrate Tablets, 1 mg and 2 mg. 200832 ...... October 15, 2012 ...... Irbesartan Tablets USP, 75 mg, 150 mg, and 300 mg. 200878 ...... April 20, 2012 ...... Verapamil Hydrochloride Extended-Release Tablets USP, 120 mg, 180 mg, and 240 mg. 201294 ...... August 3, 2012 ...... Montelukast Sodium Tablets, 10 mg. 201503 ...... March 8, 2013 ...... Cabergoline Tablets, 0.5 mg. 201505 ...... October 15, 2012 ...... Irbesartan and Hydrochlorothiazide Tablets USP, 150 mg/12.5 mg, and 300 mg/12.5 mg. 201508 ...... August 3, 2012 ...... Montelukast Sodium Chewable Tablets, 4 mg and 5 mg. 201950 ...... September 12, 2013 ...... Rasagiline Mesylate Tablets, 0.5 mg and 1 mg. 202078 ...... May 14, 2013 ...... Zolmitriptan Tablets, 2.5 mg and 5 mg. 202079 ...... January 10, 2014 ...... Candesartan Cilexetil Tablets, 4 mg, 8 mg, 16 mg, and 32 mg. 202244 ...... December 31, 2012 ...... Rizatriptan Benzoate Tablets, 5 mg and 10 mg. 202476 ...... May 14, 2013 ...... Zolmitriptan Orally Disintegrating Tablets, 2.5 mg and 5 mg. 202477 ...... July 1, 2013 ...... Rizatriptan Benzoate Orally Disintegrating Tablets, 5 mg and 10 mg. 202884 ...... December 4, 2012 ...... Candesartan Cilexetil and Hydrochlorothiazide Tablets, 16 mg/12.5 mg, 32 mg/12.5 mg, and 32 mg/25 mg. 203021 ...... May 22, 2012 ...... Nevirapine Tablets USP, 200 mg. 203026 ...... March 21, 2013 ...... Valsartan and Hydrochlorothiazide Tablets USP, 80 mg/12.5 mg, 160 mg/12.5 mg, 160 mg/25 mg, 320 mg/12.5 mg, and 320 mg/25 mg. 205258 ...... April 3, 2014 ...... Nevirapine Extended-Release Tablets, 400 mg.

However, after these drugs were Ltd. (Federal Employer Identification ANDAs and waived its opportunity for approved, FDA became aware of (FEI) number: 3006076314) and Apotex a hearing. FDA interprets this concerns involving material Pharmachem India Private Ltd. (FEI: withdrawal request as a request under manufactured at two Apotex facilities, 3005466325). The application numbers § 314.150(d) (21 CFR 314.150(d)). at least one of which was named in each for the impacted ANDAs are listed Therefore, for the reasons discussed of these applications. The facilities above. In January 2018, Apotex above, and pursuant to Apotex’s involved were Apotex Private Research requested withdrawal of the above request, FDA is withdrawing approval

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of the ANDAs in the table above, and all Agency guidances at any time as information you claim to be confidential amendments and supplements thereto, follows: with a heading or cover note that states under § 314.150(d). In each case, ‘‘THIS DOCUMENT CONTAINS Electronic Submissions approval of the entire application is CONFIDENTIAL INFORMATION.’’ The withdrawn, including any approved Submit electronic comments in the Agency will review this copy, including strengths inadvertently missing from the following way: the claimed confidential information, in • table. Distribution of the products listed Federal eRulemaking Portal: its consideration of comments. The in the table above in interstate https://www.regulations.gov. Follow the second copy, which will have the commerce without an approved instructions for submitting comments. claimed confidential information application is illegal and subject to Comments submitted electronically, redacted/blacked out, will be available regulatory action (see sections 505(a) including attachments, to https:// for public viewing and posted on and 301(d) of the Federal Food, Drug, www.regulations.gov will be posted to https://www.regulations.gov. Submit and Cosmetic Act (21 U.S.C. 355(a) and the docket unchanged. Because your both copies to the Dockets Management 331(d)). comment will be made public, you are Staff. If you do not wish your name and solely responsible for ensuring that your contact information to be made publicly Dated: July 3, 2019. comment does not include any Lowell J. Schiller, available, you can provide this confidential information that you or a information on the cover sheet and not Principal Associate Commissioner for Policy. third party may not wish to be posted, in the body of your comments and you [FR Doc. 2019–14660 Filed 7–9–19; 8:45 am] such as medical information, your or must identify this information as BILLING CODE 4164–01–P anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked confidential business information, such as ‘‘confidential’’ will not be disclosed as a manufacturing process. Please note except in accordance with 21 CFR 10.20 DEPARTMENT OF HEALTH AND that if you include your name, contact and other applicable disclosure law. For HUMAN SERVICES information, or other information that more information about FDA’s posting identifies you in the body of your Food and Drug Administration of comments to public dockets, see 80 comments, that information will be FR 56469, September 18, 2015, or access [Docket No. FDA–2014–D–1747] posted on https://www.regulations.gov. • the information at: https://www.gpo.gov/ If you want to submit a comment fdsys/pkg/FR2015-09-18/pdf/2015- Risk Evaluation and Mitigation with confidential information that you 23389.pdf. Strategies: Modifications and do not wish to be made available to the Docket: For access to the docket to Revisions; Guidance for Industry; public, submit the comment as a read background documents or the Availability written/paper submission and in the electronic and written/paper comments manner detailed (see ‘‘Written/Paper AGENCY: Food and Drug Administration, received, go to https:// Submissions’’ and ‘‘Instructions’’). HHS. www.regulations.gov and insert the ACTION: Notice of availability. Written/Paper Submissions docket number, found in brackets in the heading of this document, into the Submit written/paper submissions as SUMMARY: The Food and Drug ‘‘Search’’ box and follow the prompts Administration (FDA or Agency) is follows: • Mail/Hand delivery/Courier (for and/or go to the Dockets Management announcing the availability of a final written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, guidance for industry entitled ‘‘Risk Management Staff (HFA–305), Food and Rockville, MD 20852. Evaluation and Mitigation Strategies: Drug Administration, 5630 Fishers You may submit comments on any Modifications and Revisions.’’ This Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR guidance provides information on how • For written/paper comments 10.115(g)(5)). FDA will define and process submitted to the Dockets Management Submit written requests for single submissions for modifications and Staff, FDA will post your comment, as copies of this guidance to the Division revisions of risk evaluation and well as any attachments, except for of Drug Information, Center for Drug mitigation strategies (REMS), as well as information submitted, marked and Evaluation and Research, Food and information on what types of changes to identified, as confidential, if submitted Drug Administration, 10001 New approved REMS will be considered as detailed in ‘‘Instructions.’’ Hampshire Ave., Hillandale Building, modifications or revisions of the REMS. Instructions: All submissions received 4th Floor, Silver Spring, MD 20993– The guidance also provides instructions must include the Docket No. FDA– 0002, or the Office of Communication, to application holders related to 2014–D–1747 for ‘‘Risk Evaluation and Outreach, and Development, Center for procedures for submission of REMS Mitigation Strategies: Modifications and Biologics Evaluation and Research, modifications and revisions to FDA as Revisions.’’ Received comments will be Food and Drug Administration, 10903 well as different timeframes for FDA’s placed in the docket and, except for New Hampshire Ave., Bldg. 71, Rm. review of and action on such changes. those submitted as ‘‘Confidential 3128, Silver Spring, MD 20993–0002. The definitions of REMS modifications Submissions,’’ publicly viewable at Send one self-addressed adhesive label and revisions apply to all types of https://www.regulations.gov or at the to assist that office in processing your REMS. This guidance updates the Dockets Management Staff between 9 requests. See the SUPPLEMENTARY guidance of the same name, issued April a.m. and 4 p.m., Monday through INFORMATION section for electronic 7, 2015, including finalizing the portion Friday. access to the guidance document. that sets forth the submission • Confidential Submissions—To FOR FURTHER INFORMATION CONTACT: procedures for REMS revisions. submit a comment with confidential Vaishali Jarral, Center for Drug DATES: The announcement of the information that you do not wish to be Evaluation and Research, Food and guidance is published in the Federal made publicly available, submit your Drug Administration, 10903 New Register on July 10, 2019. comments only as a written/paper Hampshire Ave., Bldg. 22, Rm. 6480, ADDRESSES: You may submit either submission. You should submit two Silver Spring, MD 20993–0002, 301– electronic or written comments on copies total. One copy will include the 796–4248; or Stephen Ripley, Center for

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Biologics Evaluation and Research, modifications must include an adequate DEPARTMENT OF HEALTH AND Food and Drug Administration, 10903 rationale for the proposed changes. HUMAN SERVICES New Hampshire Ave., Bldg. 71, Rm. This guidance updates the guidance National Institutes of Health 7301, Silver Spring, MD 20993–0002, of the same name, issued April 7, 2015 240–402–7911. (80 FR 18629), and finalizes the portion National Library of Medicine; Notice of SUPPLEMENTARY INFORMATION: that sets forth the submission Closed Meetings I. Background procedures for REMS revisions. FDA carefully considered all comments Pursuant to section 10(d) of the FDA is announcing the availability of received, including comments on the Federal Advisory Committee Act, as a guidance for industry entitled ‘‘Risk submission procedures portion, and amended, notice is hereby given of the Evaluation and Mitigation Strategies: revised the guidance as appropriate. meetings. Modifications and Revisions.’’ This The meetings will be closed to the guidance provides information on what This guidance is being issued public in accordance with the types of changes to approved REMS will consistent with FDA’s good guidance provisions set forth in sections be considered modifications of the practices regulation (21 CFR 10.115). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., REMS and what types of changes will be The guidance represents the current as amended. The grant applications and considered revisions. (See section 505– thinking of FDA on ‘‘Risk Evaluation the discussions could disclose 1(h) of the Federal Food, Drug, and and Mitigation Strategies: Modifications confidential trade secrets or commercial Cosmetic Act (FD&C Act) (21 U.S.C. and Revisions.’’ It does not establish any property such as patentable materials, 355–1(h)).) This guidance also provides rights for any person and is not binding and personal information concerning information on how REMS on FDA or the public. You can use an individuals associated with the grant modifications and revisions should be alternative approach if it satisfies the applications, the disclosure of which submitted to FDA and how FDA intends requirements of the applicable statutes would constitute a clearly unwarranted to review and act on these submissions. and regulations. This guidance is not invasion of personal privacy. If FDA determines that a REMS is subject to Executive Order 12866. Name of Committee: Biomedical necessary to ensure that the benefits of II. Paperwork Reduction Act of 1995 Informatics, Library and Data Sciences a drug outweigh its risks, FDA is Review Committee. authorized to require a REMS for such This final guidance refers to Date: November 14–15, 2019. drugs under section 505–1 of the FD&C Time: November 14, 2019, 8:00 a.m. to 5:00 previously approved collections of p.m. Act.1 Section 505–1(g) and (h) of the information found in FDA regulations. FD&C Act include provisions for the Agenda: To review and evaluate grant These collections of information are applications. assessment and modification of an subject to review by the Office of Place: Bethesda Hyatt, 1 Metro Center, approved REMS. Section 505–1(h) of the Management and Budget (OMB) under Bethesda, MD 20814. FD&C Act requires FDA to review and the Paperwork Reduction Act of 1995 Time: November 15, 2019, 8:00 a.m. to 5:00 act on proposed minor modifications, as (44 U.S.C. 3501–3520). REMS p.m. defined in guidance, within 60 days.2 It Agenda: To review and evaluate grant modifications are submitted to FDA as applications. also requires FDA to establish, through supplements to approved new drug guidance, that ‘‘certain modifications’’ Contact Person: Zoe E. Huang, MD, Chief applications (NDAs) under 21 CFR Scientific Review Officer, Scientific Review can be implemented following 314.70 and for abbreviated new drug Office, Extramural Programs, National notification to FDA. (See section 505– applications (ANDAs) under 21 CFR Library of Medicine, NIH, 6705 Rockledge 1(h)(2)(A)(iv) of the FD&C Act.) In 314.97, and for approved biologics Drive, Suite 301, Bethesda, MD 20892–7968, addition, FDA is required to review and 301–594–4937, [email protected]. license applications (BLAs) under 21 act on REMS modifications to conform CFR 601.12. Burden hours for NDAs and (Catalogue of Federal Domestic Assistance the REMS to approved safety labeling Program No. 93.879, Medical Library changes, or to a safety labeling change ANDAs are approved by OMB under Assistance, National Institutes of Health, that FDA has directed the application control number 0910–0001, and for HHS) holder to make pursuant to section BLAs under control number 0910–0338. Dated: July 3, 2019. REMS revisions are submitted to FDA as 505(o)(4) of the FD&C Act within 60 Ronald J. Livingston, Jr., application correspondence and are also days. (See section 505–1(h)(2)(A)(iii) of Program Analyst, Office of Federal Advisory the FD&C Act.) Finally, section 505– approved by OMB under control Committee Policy. numbers 0910–0001 and 0910–0338. 1(g)(4)(A) of the FD&C Act specifies that [FR Doc. 2019–14645 Filed 7–9–19; 8:45 am] proposed REMS modifications no longer III. Electronic Access BILLING CODE 4140–01–P require submission of a REMS assessment; instead, proposed Persons with access to the internet may obtain the guidance at https:// DEPARTMENT OF HEALTH AND 1 Section 505–1 of the FD&C Act applies to www.fda.gov/drugs/guidance- HUMAN SERVICES applications for prescription drugs submitted under compliance-regulatory-information/ subsection 505(b) (i.e., new drug applications) or (j) National Institutes of Health (i.e., abbreviated new drug applications) of the guidances-drugs, https://www.fda.gov/ vaccines-blood-biologics/guidance- FD&C Act (21 U.S.C. 355(b) or (j), respectively) and National Heart, Lung, and Blood applications under section 351 of the Public Health compliance-regulatory-information- Service Act (i.e., biologics license applications). biologics/biologics-guidances, or https:// Institute; Notice of Closed Meetings 2 See section 505–1(h)(2)(A)(ii) of the FD&C Act. www.regulations.gov. Section 1132(c) of the Food and Drug Pursuant to section 10(d) of the Administration Safety and Innovation Act also Dated: July 3, 2019. Federal Advisory Committee Act, as provides that FDA will issue guidance that, for amended, notice is hereby given of the Lowell J. Schiller, purposes of section 505–1(h)(2)(A) of the FD&C Act, following meetings. describes the types of modifications to approved Principal Associate Commissioner for Policy. risk evaluation and mitigation strategies that are The meetings will be closed to the [FR Doc. 2019–14663 Filed 7–9–19; 8:45 am] considered to be minor modifications of such public in accordance with the strategies. BILLING CODE 4164–01–P provisions set forth in sections

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552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Continuation of Existing Grant Based to DHS/CISA/ISD, ATTN: 1670–0035, as amended. The grant applications and Epidemiology Cohort Studies in Heart, Lung, 245 Murray Lane SW, Mail Stop 0602, the discussions could disclose Blood, and Sleep Diseases and Disorders. Washington, DC 20598–0602. confidential trade secrets or commercial Date: August 22, 2019. Instructions: All submissions received Time: 2:00 p.m. to 4:00 p.m. property such as patentable material, Agenda: To review and evaluate grant must include the words ‘‘Department of and personal information concerning applications. Homeland Security’’ and the docket individuals associated with the grant Place: National Institutes of Health, 6701 number for this action. Comments applications, the disclosure of which Rockledge Drive, Room 7180, Bethesda, MD received will be posted without would constitute a clearly unwarranted 20892 (Telephone Conference Call). alteration at http://www.regulations.gov, invasion of personal privacy. Contact Person: Tony L. Creazzo, Ph.D., including any personal information Scientific Review Officer, Office of Scientific provided. Name of Committee: National Heart, Lung, Review, National Heart, Lung, and Blood and Blood Institute Special Emphasis Panel; Docket: For access to the docket and Institute, National Institutes of Health, 6701 comments received, please go to R13 Conference Grant Review. Rockledge Drive, Room 7180, Bethesda, MD Date: July 30, 2019. www.regulations.gov and enter docket 20892, 301–827–7913, creazzotl@ Time: 10:00 a.m. to 1:00 p.m. mail.nih.gov. number CISA–2019–0007. Agenda: To review and evaluate grant Comments submitted in response to applications. (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for this notice may be made available to the Place: National Institutes of Health, 6701 public through relevant websites. For Rockledge Drive, Bethesda, MD 20892 Sleep Disorders Research; 93.837, Heart and (Virtual Meeting). Vascular Diseases Research; 93.838, Lung this reason, please do not include in Contact Person: Keith A. Mintzer, Ph.D., Diseases Research; 93.839, Blood Diseases your comments information of a Scientific Review Officer, Office of Scientific and Resources Research, National Institutes confidential nature, such as sensitive Review, National Heart, Lung, and Blood of Health, HHS) personal information or proprietary Institute, National Institutes of Health, 6701 Dated: July 3, 2019. information. If you send an email Rockledge Drive, Room 7186, Bethesda, MD Ronald J. Livingston, Jr., comment, your email address will be 20892, 301–594–7947, mintzerk@ automatically captured and included as nhlbi.nih.gov. Program Analyst, Office of Federal Advisory Committee Policy. part of the comment that is placed in the Name of Committee: National Heart, Lung, [FR Doc. 2019–14647 Filed 7–9–19; 8:45 am] public docket and made available on the and Blood Institute Special Emphasis Panel; internet. Please note that responses to NHLBI Outstanding Investigator Award BILLING CODE 4140–01–P (OIA). this public comment request containing Date: August 5–6, 2019. any routine notice about the confidentiality of the communication Time: August 05, 2019, 1:00 p.m. to 7:00 DEPARTMENT OF HOMELAND p.m. will be treated as public comments that SECURITY Agenda: To review and evaluate grant may be made available to the public applications. [Docket No. CISA–2019–0007] notwithstanding the inclusion of the Place: The William F. Bolger Center, 9600 routine notice. Newbridge Drive, Potomac, MD 20854. Cybersecurity and Infrastructure Time: August 06, 2019, 8:00 a.m. to 5:00 FOR FURTHER INFORMATION CONTACT: Security Agency Vulnerability Ricky Morgan, 866–844–8163, p.m. Assessments Agenda: To review and evaluate grant [email protected]. applications. AGENCY: Infrastructure Security Division SUPPLEMENTARY INFORMATION: The Place: The William F. Bolger Center, 9600 (ISD), Cybersecurity and Infrastructure Homeland Security Presidential Newbridge Drive, Potomac, MD 20854. Security Agency (CISA), Department of Directive-7, the Presidential Policy Time: 1:00 p.m. to 5:00 p.m. Agenda: To review and evaluate grant Homeland Security (DHS). Directive-21, and the National applications. ACTION: 60-Day notice and request for Infrastructure Protection Plan highlight Place: The William F. Bolger Center, 9600 comments; Revision, 1670–0035. the need for a centrally managed Newbridge Drive, Potomac, MD 20854. repository of infrastructure attributes Contact Person: Melissa E. Nagelin, Ph.D., SUMMARY: DHS CISA ISD will submit capable of assessing risks and Scientific Review Officer, Office of Scientific the following information collection facilitating data sharing. To support this Review, National Heart, Lung, and Blood request (ICR) to the Office of mission need, the DHS CISA ISD has Institute, National Institutes of Health, 6701 Management and Budget (OMB) for developed a data collection system that Rockledge Drive, Room 7202, Bethesda, MD review and clearance in accordance contains several capabilities which 20892, 301–435–0297, nagelinmh2@ with the Paperwork Reduction Act of nhlbi.nih.gov. support the homeland security mission 1995. in the area of critical infrastructure (CI) Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; DATES: Comments are due by September protection. Stimulating Access to Research in Residency 9, 2019. Protective Security Advisors (PSAs) (StARR). ADDRESSES: You may submit comments, and Cyber Security Advisors (CSAs) Date: August 21, 2019. identified by docket number CISA– conduct voluntary assessments on CI Time: 8:30 a.m. to 5:00 p.m. 2019–0007, by one of the following facilities. These assessments are web- Agenda: To review and evaluate grant methods: based and are used to collect an applications. • Federal eRulemaking Portal: http:// organization’s basic, high-level Place: Residence Inn Bethesda, 7335 information, and its dependencies. This Wisconsin Avenue, Bethesda, MD 20814. www.regulations.gov. Please follow the instructions for submitting comments. data is then used to determine a Contact Person: Kristen Page, Ph.D., • Scientific Review Officer, Office of Scientific Email: IPGatewayHelpDesk@ Protective Measures Index (PMI) and a Review, National Heart, Lung, and Blood hq.dhs.gov. Please include docket Resilience Measures Index (RMI) for the Institute, National Institutes of Health, 6701 number CISA–2019–0007 in the subject assessed organization. This information Rockledge Drive, Room 7185, Bethesda, MD line of the message. allows an organization to see how it 20892, 301–827–7953, [email protected]. • Mail: Written comments and compares to other organizations within Name of Committee: National Heart, Lung, questions about this Information the same sector as well as allows them and Blood Institute Special Emphasis Panel; Collection Request should be forwarded to see how adjusting certain aspects

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would change their score. This allows from $1,786,166 to $1,907,757, due to Security Agency (CISA), Department of the organization to then determine the addition of the Post Assessment Homeland Security (DHS). where best to allocate funding and Questionnaires and updated wage rates. ACTION: 60-Day notice and request for perform other high level decision The annual government cost for the comments; revision, 1670–0009. making processes pertaining to the collection has increased by $509,195, security and resiliency of the from $1,710,959 to $2,220,152, due to SUMMARY: DHS CISA ISD will submit organization. the addition of the Post Assessment the following information collection The information will be gathered by Questionnaires and updated wage rates. request (ICR) to the Office of site visits, arranged between the This is a revision and renewal of an Management and Budget (OMB) for organization owners and DHS PSAs or information collection. review and clearance in accordance CSAs. The PSA or CSA will then visit OMB is particularly interested in with the Paperwork Reduction Act of the site and perform the assessment, as comments that: 1995. 1. Evaluate whether the proposed requested. They then return to complete DATES: Comments are due by September the vulnerability assessment and input collection of information is necessary 9, 2019. the data into the system where the data for the proper performance of the ADDRESSES: You may submit comments, is then accessible to system users. Once functions of the agency, including identified by docket number CISA– available, the organization and other whether the information will have 2019–0008, by one of the following relevant system users can then review practical utility; methods: the data and use it for planning, risk 2. Evaluate the accuracy of the • Federal eRulemaking Portal: http:// identification, mitigation and decision agency’s estimate of the burden of the www.regulations.gov. Please follow the making. All data is captured proposed collection of information, including the validity of the instructions for submitting comments. electronically by the PSA, CSA or by the • Email: IPGatewayHelpDesk@ methodology and assumptions used; organization as a self-assessment. The hq.dhs.gov. Please include docket vulnerability assessments are voluntary 3. Enhance the quality, utility, and number CISA–2019–0008 in the subject but are required in order for the clarity of the information to be line of the message. organization to receive an evaluation of collected; and • 4. Minimize the burden of the Mail: Written comments and their security posture. questions about this Information After assessments are input into the collection of information on those who Collection Request should be forwarded system, the user is prompted to are to respond, including through the to DHS/CISA/ISD, ATTN: 1670–0009, participate in a feedback questionnaire. use of appropriate automated, 245 Murray Lane SW, Mail Stop 0602, Every user is prompted to participate in electronic, mechanical, or other Washington, DC 20598–0602. the Post Assessment questionnaire after technological collection techniques or Instructions: All submissions received entering an assessment. Participation in other forms of information technology, must include the words ‘‘Department of the Post Assessment questionnaire is e.g., permitting electronic submissions Homeland Security’’ and the docket voluntary. The Post Assessment of responses. number for this action. Comments Questionnaires are designed to capture Title of Collection: Cybersecurity and received will be posted without feedback about a vulnerability Infrastructure Security Agency alteration at http://www.regulations.gov, assessment and the system. There are Vulnerability Assessments. three different questionnaires correlated OMB Control Number: 1670–0035. including any personal information and prompted after entering a particular Frequency: Annually. provided. Docket: For access to the docket and assessment into the database. The Affected Public: State, Local, Tribal, comments received, please go to results are used internally within DHS and Territorial Governments and Private www.regulations.gov and enter docket to make programmatic improvements. Sector Individuals. The collection of information uses Number of Annualized Respondents: number CISA–2019–0008. automated electronic vulnerability 3,181. Comments submitted in response to assessments and questionnaires. The Estimated Time per Respondent: 7.5 this notice may be made available to the vulnerability assessments and hours, 0.17 hours. public through relevant websites. For questionnaires are electronic in nature Total Annualized Burden Hours: this reason, please do not include in and include questions that measure the 21,907 hours. your comments information of a security, resiliency and dependencies of Total Annualized Respondent confidential nature, such as sensitive an organization. The vulnerability Opportunity Cost: $1,907,757. personal information or proprietary Total Annualized Respondent Out-of- assessments are arranged at the request information. If you send an email Pocket Cost: $0. of an organization and are then comment, your email address will be Total Annualized Government Cost: automatically captured and included as scheduled and performed by a PSA or $2,220,152. CSA. part of the comment that is placed in the The changes to the collection since Scott Libby, public docket and made available on the internet. Please note that responses to the previous OMB approval include: Deputy Chief Information Officer. Updating the title of the collection, this public comment request containing [FR Doc. 2019–14698 Filed 7–9–19; 8:45 am] any routine notice about the adding three customer feedback BILLING CODE 9910–9P–P questionnaires, increase in burden confidentiality of the communication estimates and costs. The three will be treated as public comments that may be made available to the public questionnaires were added to the DEPARTMENT OF HOMELAND notwithstanding the inclusion of the collection to provide user feedback on SECURITY the content and functionality of the routine notice. system. The addition of the [Docket No. CISA–2019–0008] FOR FURTHER INFORMATION CONTACT: Ricky Morgan, 866–844–8163, questionnaires have increased the IP Gateway User Registration burden estimates by $3,861. [email protected]. The annual burden cost for the AGENCY: Infrastructure Security Division SUPPLEMENTARY INFORMATION: The collection has increased by $121,591, (ISD), Cybersecurity and Infrastructure Homeland Security Presidential

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Directive–7, Presidential Policy would like to see added and/or Total Annualized Government Cost: Directive–21, and the National corrected. This voluntary survey is $12,668. Infrastructure Protection Plan highlight available by clicking a link labeled the need for a centrally managed ‘‘User Survey’’ on the IP Gateway Scott Libby, repository of infrastructure attributes landing page. By clicking on this link, Deputy Chief Information Officer. capable of assessing risks and the user is then provided the electronic [FR Doc. 2019–14697 Filed 7–9–19; 8:45 am] facilitating data sharing. To support this form for them to complete and submit. BILLING CODE 9110–9P–P mission need, the DHS CISA IDS has The changes to the collection since developed the IP Gateway. The IP the previous OMB approval include: Gateway contains several capabilities Updating the title of the collection, DEPARTMENT OF THE INTERIOR which support the homeland security decrease in burden estimates and mission in the area of critical decrease in costs. The total annual Fish and Wildlife Service infrastructure (CI) protection. burden cost for the collection has The purpose of this collection is to decreased by $31,909, from $37,230 to [Docket No. FWS–R7–ES–2019–0053; FXES111607MRG01–190–FF07CAMM00] gather the details pertaining to the users $5,321 due to a decrease in registrations, of the IP Gateway for the purpose of as registration is a one-time burden. The Marine Mammals; Incidental Take creating accounts to access the IP total number of responses has decreased During Specified Activities; Proposed Gateway. This information is also used by 1,150 from 1,500 to 350 since most Incidental Harassment Authorizations to verify a need to know to access the users are already registered for the for Northern Sea Otters in Southeast IP Gateway. After being vetted and system as well as making updates for Alaska granted access, users are prompted and the number of survey responses required to take an online training received. The annual government cost AGENCY: Fish and Wildlife Service, course upon first logging into the for the collection has decreased by Interior. system. After completing the training, $95,188 from $107,857 to $12,668, due ACTION: Notice of receipt of applications users are permitted full access to the to removing the costs associated with and proposed incidental harassment system. In addition, this collection will designing the survey. authorizations; availability of draft gather feedback from the users of the IP This is a revision and renewal of an environmental assessments; request for Gateway to determine any future system information collection. comments. improvements. OMB is particularly interested in The information gathered will be used comments that: SUMMARY: We, the U.S. Fish and by the CISA IP Gateway Program 1. Evaluate whether the proposed Wildlife Service, have received two Management Team to vet users for a collection of information is necessary requests, one from the City and Borough need to know and grant access to the for the proper performance of the of Sitka (CBS) and one from Duck Point system. As part of the registration functions of the agency, including Development II, LLC (DPD), for process, users are required to take a one- whether the information will have authorization to take small numbers of time online training course. When practical utility; the southeast Alaska stock of northern logging into the system for the first time, 2. Evaluate the accuracy of the sea otters incidental to pile driving in the system prompts users to take the agency’s estimate of the burden of the Sitka Sound and Port Frederick, Alaska, training courses. Users cannot opt out of proposed collection of information, between April 1, 2019, and September the training and are required to take the including the validity of the 30, 2019. However, due to the time course in order to gain and maintain methodology and assumptions used; needed to process the request, we access to the system. When users 3. Enhance the quality, utility, and evaluated the estimated take of northern complete the training, the system clarity of the information to be sea otters during project activities collected; and automatically logs that the training is between July 22, 2019, and December 4. Minimize the burden of the complete and allows full access to the 31, 2019. We estimate there may be up collection of information on those who system. to 12 nonlethal, incidental takes by Additionally, CISA uses a Utilization are to respond, including through the use of appropriate automated, harassment of 4 northern sea otters for Survey to assess the current the CBS project, and up to 1,380 functionality of the IP Gateway as well electronic, mechanical, or other technological collection techniques or nonlethal, incidental takes by as identify any further capabilities to be harassment of 220 northern sea otters developed. Through this process, the IP other forms of information technology, e.g., permitting electronic submissions for the DPD project. In accordance with Gateway will remain a viable solution provisions of the Marine Mammal for the stakeholders. This survey is of responses. Title of Collection: IP Gateway User Protection Act of 1972, we request available to users as an ideal way to Registration. comments on our proposed consolidate end user satisfaction OMB Control Number: 1670–0009. authorizations, which, if finalized, will feedback and gather undeveloped Frequency: Annually. be for take by Level B harassment only. capabilities that would aid in the Affected Public: State, Local, Tribal, We anticipate no take by injury or death expansion and functionality of the IP and Territorial Governments and Private and include none in these proposed Gateway. Sector Individuals. authorizations. The collection of information uses Number of Annualized Respondents: DATES: Comments on the proposed automated electronic forms. During the 250. incidental harassment authorizations online registration process, there is an Estimated Time per Respondent: 0.17 and draft environmental assessments electronic form used to create a user hours, 0.5 hours. account and an online training course Total Annualized Burden Hours: 92 must be received by August 9, 2019. required to grant access. hours. ADDRESSES: Document availability: You The survey is electronic and includes Total Annualized Respondent may view these proposed questions that measure the satisfaction Opportunity Cost: $5,321. authorizations, the application of the user as well as a section to Total Annualized Respondent Out-of- packages, supporting information, draft capture any improvements that the user Pocket Cost: $0. environmental assessments, and the

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lists of references cited herein at http:// or kill, or to attempt to harass, hunt, Alaska Natives; and (iii) requirements www.regulations.gov under Docket No. capture, or kill any marine mammal (16 for monitoring and reporting take. FWS–R7–ES–2019–0053, or these U.S.C. 1362(13)). Harassment, as Summary of Requests documents may be requested as defined by the MMPA, means any act of described under FOR FURTHER pursuit, torment, or annoyance that (i) City and Borough of Sitka—O’Connell INFORMATION CONTACT. You may submit has the potential to injure a marine Bridge Lightering Float comments on these proposed mammal or marine mammal stock in the On November 12, 2018, the City and authorizations by one of the following wild (the MMPA calls this ‘‘Level A Borough of Sitka, Alaska, (hereafter methods: harassment’’), or (ii) has the potential to ‘‘CBS’’) submitted a request to the • U.S. mail or hand-delivery: Public disturb a marine mammal or marine Service’s Marine Mammals Management Comments Processing, Attn: Docket No. mammal stock in the wild by causing Office (MMM) for authorization to take FWS–R7–ES–2019–0053, Division of disruption of behavioral patterns, by harassment a small number of Policy, Performance, and Management including, but not limited to, migration, northern sea otters (Enhydra lutris Programs, U.S. Fish and Wildlife breathing, nursing, breeding, feeding, or kenyoni, hereafter also ‘‘sea otters’’ or Service, 5275 Leesburg Pike, MS: BPHC, sheltering (the MMPA calls this ‘‘Level ‘‘otters’’). Following requests for Falls Church, VA 22041–3803. B harassment’’). additional information, CBS submitted • Electronic submission: Federal The terms ‘‘negligible impact,’’ ‘‘small an amended application on March 21, eRulemaking Portal at: http:// numbers,’’ and ‘‘unmitigable adverse 2019, and additional information was www.regulations.gov. Follow the impact’’ are defined in the Code of received on March 25, 2019. The Federal Regulations at 50 CFR 18.27, the instructions for submitting comments to applicant expects that take by incidental Service’s regulations governing take of Docket No. FWS–R7–ES–2019–0053. harassment may occur during its small numbers of marine mammals We will post all comments at http:// planned pile-driving activities at the incidental to specified activities. www.regulations.gov. You may request O’Connell Bridge dock facility located ‘‘Negligible impact’’ is defined as an that we withhold personal identifying in Sitka, Alaska. information from public review; impact resulting from the specified however, we cannot guarantee that we activity that cannot be reasonably Duck Point Development II, LLC— will be able to do so. See Request for expected to, and is not reasonably likely Hoonah Berth II Project Public Comments for more information. to, adversely affect the species or stock On January 30, 2019, Duck Point through effects on annual rates of FOR FURTHER INFORMATION CONTACT: Mr. Development II, LLC, (hereafter ‘‘DPD’’) recruitment or survival. Although Christopher Putnam, U.S. Fish and submitted a request to the Service’s ‘‘small numbers’’ is defined in 50 CFR Wildlife Service, 1011 East Tudor Road, MMM for authorization to take by 18.27, we do not rely on that definition MS 341, Anchorage, Alaska, 99503, by harassment a small number of sea otters. as it conflates the terms ‘‘small email at fw7_ak_marine_mammalst@ Following requests for additional numbers’’ and ‘‘negligible impact,’’ fws.gov, or by telephone at 1–800–362– information, DPD submitted an which we recognize as two separate and amended application on March 21, 5148. Persons who use a distinct requirements (see Natural Res. telecommunications device for the deaf 2019. The applicant expects that take by Def. Council, Inc. v. Evans, 232 F. Supp. incidental harassment may occur during (TDD) may call the Federal Relay 2d 1003, 1025 (N.D. Cal. 2003)). In our Service (FRS) at 1–800–877–8339. their planned pile-driving activities at determination, we evaluate ‘‘small Cannery Point located near Hoonah, SUPPLEMENTARY INFORMATION: numbers’’ by analyzing the number of Alaska. Background marine mammals likely to be taken in relation to the size of the overall stock. Description of Specified Activities and Section 101(a)(5)(D) of the Marine ‘‘Unmitigable adverse impact’’ is Geographic Area Mammal Protection Act of 1972 defined as an impact resulting from the City and Borough of Sitka—O’Connell (MMPA; 16 U.S.C. 1361, et seq.), specified activity (1) that is likely to Bridge Lightering Float authorizes the Secretary of the Interior reduce the availability of the species to (Secretary) to allow, upon request, the a level insufficient for a harvest to meet The specified activity (the ‘‘project’’) incidental but not intentional taking by subsistence needs by (i) causing the consists of CBS’s proposed repairs to the harassment of small numbers of marine marine mammals to abandon or avoid O’Connell Bridge Lightering Float, mammals of a species or population hunting areas, (ii) directly displacing specifically the removal and stock by U.S. citizens who engage in a subsistence users, or (iii) placing replacement of six 16-inch-diameter specified activity (other than physical barriers between the marine steel pipe piles. CBS will conduct work commercial fishing) within a specified mammals and the subsistence hunters, on 3 days between July 22, 2019, and region during a period of not more than and (2) that cannot be sufficiently December 31, 2019. 1 year. Incidental take by harassment mitigated by other measures to increase Removal of the extant piles will be may be authorized only if statutory and the availability of marine mammals to accomplished by either dry pull or regulatory procedures are followed and allow subsistence needs to be met. vibratory extraction. Sockets to the U.S. Fish and Wildlife Service If the requisite findings are made, we accommodate the replacement piles will (hereafter, ‘‘the Service’’ or ‘‘we’’) makes issue an incidental harassment be drilled so that the piles may be the following findings: (i) Take is of a authorization (IHA), which sets forth the installed to a greater depth than that of small number of animals, (ii) take will following: (i) Permissible methods of the existing piles, allowing for the have a negligible impact on the species taking; (ii) other means of effecting the accommodation of larger vessels. The or stock, and (iii) take will not have an least practicable impact on marine replacement piles will be installed using unmitigable adverse impact on the mammals and their habitat, paying both vibratory and impact methods. availability of the species or stock for particular attention to rookeries, mating Transfer of personnel and equipment subsistence uses by coastal-dwelling grounds, and areas of similar between shore and the work platform Alaska Natives. significance, and on the availability of will be done using skiffs approximately The term ‘‘take,’’ as defined by the marine mammals for taking for 7.6–10.7 meters (m) or 25–30 feet (ft) in MMPA, means to harass, hunt, capture, subsistence uses by coastal-dwelling length with a 35–50 horsepower (hp)

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outboard engine. Further information otters were estimated from aerial human presence on docks are common and technical specifications can be surveys conducted by the Service in in Sitka Sound and Port Frederick/Icy found in CBS’s IHA application cooperation with the U.S. Geological Strait; however, pile-driving operations available at: http://www.regulations.gov, Survey (USGS) between 1995 and 2012 will create sounds that are unfamiliar to Docket No. FWS–R7–ES–2019–0053. (Tinker et al., in press). Total abundance otters in these areas. If sea otters are in the northern region of Southeast disturbed, it will likely be due to the Duck Point Development II, LLC— Alaska was estimated to be 11,635 sea underwater noise associated with pile- Hoonah Berth II Project otters, with over half (7,955) of these driving operations, or possibly, the The project at Hoonah consists of two animals occurring in Glacier Bay noise in tandem with the sight of components: (1) The installation of a (Tinker et al., in press). Densities of sea equipment and vessels. Pile driving and lightering float at the existing dock otters in the project areas were vessel operations may cause disruptions facility on the southwest side of estimated at 0.842 otters per square km to biologically significant sea otter Cannery Point; and (2) the installation (km2) in Sitka Sound and 0.368 otters behavioral patterns, thereby resulting in of a cruise ship berth on the northeast per km2 in Port Frederick and Icy Strait incidental take by Level B harassment. side of Cannery Point. This will involve (Tinker et al., in press). the installation and subsequent removal Sea otters generally occur in shallow Noise From Pile Driving of up to 62 temporary 30-inch piles and water near the shoreline. They are most During the course of pile driving, a installation of 45 permanent piles commonly observed within the 40-m portion of the kinetic energy from the ranging from 24 to 42 inches in (131-ft depth contour (USFWS, 2014), hammer is lost to the water column in diameter. Temporary piles will be although they can be found in areas the form of sound. Levels of underwater installed and removed by vibratory with deeper water. Depth is generally sounds produced during pile driving are extraction; permanent piles will be correlated with distance to shore, and dependent upon the size and sea otters typically remain within 1 to installed using both vibratory and composition of the pile, the substrate 2 kilometers (km) (0.62 to 1.24 miles impact methods. Additionally, there into which the pile is driven, (mi)) of shore (Riedman and Estes 1990). will be socket and anchor drilling to bathymetry, physical and chemical They tend to remain closer to shore secure piles at depth. Transfer of characteristics of the surrounding during storms, but they may be found personnel and equipment between shore waters, and pile installation method farther from shore when seas are calm and the work platform will be done (Illingworth and Rodkin 2007, 2014; (Lensink 1962; Kenyon 1969). using skiffs approximately 7.6–10.7 m Denes et al. 2016). (25–30 ft) in length with a 35–50 hp Sea otters are non-migratory and outboard engine, and a similar vessel generally do not disperse over long Both impact and vibratory pile will be used for visual monitoring of distances (Garshelis and Garshelis installation produce underwater sounds marine mammals in the waters of Port 1984). They usually remain within a few of frequencies predominantly lower Frederick and parts of Icy Strait. Work kilometers of their established feeding than 2.5 kilohertz (kHz), with the will take place over a 75-day period grounds (Kenyon 1981). Breeding males highest intensity of pressure spectral between July 22, 2019, and December remain for all or part of the year in a density at or below 1 kHz (Denes et al. 31, 2019. Further information and breeding territory covering up to 1 km 2016; Dahl et al. 2015; Illingworth and technical specifications can be found in (0.62 mi) of coastline. Adult females Rodkin 2007). Source levels of DPD’s IHA application at: http:// have home ranges of approximately 8 to underwater sounds produced by impact www.regulations.gov, Docket No. FWS– 16 km (5 to 10 mi), which may include pile driving tend to be higher than for R7–ES–2019–0053. one or more male territories. Juveniles vibratory pile driving; however, both move greater distances between resting methods of installation can generate Description of Marine Mammals in the and foraging areas (Lensink 1962; underwater sound levels capable of Specified Area Kenyon 1969; Riedman and Estes 1990). causing behavioral disturbance or The northern sea otter is currently the Although sea otters generally remain hearing threshold shift in marine only marine mammal under the local to an area, they are capable of mammals. A summary of the properties Service’s jurisdiction that normally long-distance travel. Otters in Alaska of sounds produced by the proposed occupies Sitka Sound and Port have shown daily movement distances activities can be found in table 1. Frederick, Alaska. There are three stocks greater than 3 km (1.9 mi) at speeds up Whether a specific noise source will of northern sea otters in Alaska. These to 5.5 km/hour (3.4 mi/hour) (Garshelis affect an otter depends on several are the southeast, southcentral, and and Garshelis 1984). factors, including the distance between southwest stocks. Sea otters that occur Potential Effects of the Activities the animal and the sound source, the in Sitka Sound and Port Frederick/Icy sound intensity, background noise Strait belong to the southeast Alaska Exposure of Sea Otters to Noise levels, the noise frequency, duration, stock. The Service’s most recent stock The applicants have requested and whether the noise is pulsed or assessment report is available at https:// authorizations for Level B incidental continuous. The actual noise level www.fws.gov/alaska/fisheries/mmm/ harassment of the southeast Alaska perceived by individual otters will stock/Revised_April_2014_Southeast_ stock of northern sea otters. Otters in the depend on distance to the pile-driving Alaska_Sea_Otter_SAR.pdf. project area will be exposed to the site, whether the animal is above or Sea otters may occur anywhere within visual and auditory stimulation below water, atmospheric and the specified project area other than associated with the presence and environmental conditions, and the upland areas. Abundance and densities operation of pile-driving equipment and operational parameters of the piles and of the southeast Alaska stock of sea support vessels. Vessel traffic and pile-driving equipment being used.

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TABLE 1—SUMMARY OF ACOUSTIC SOURCE LEVELS FOR PROPOSED ACTIVITIES

Sound pressure Applicant Activity levels Frequency References (dB re 1 μPa)

CBS ...... Impact pile driving ...... 181.3 dBPK @10 m (168.2 Up to 2.5 kHz ... Austin et al. 2016; Denes et al. 2016. dBSEL @10 m). CBS ...... Vibratory pile installation/ 161 @10 m ...... Up to 2.5 kHz ... Austin et al. 2016; Denes et al. 2016. removal. CBS ...... Socket drilling ...... 189.8 @1 m ...... Up to 10 kHz .... Denes et al. 2016. CBS ...... General vessel operations 145–175 dB rms @1 m .... 10–1,500 Hz ..... Richardson et al. 1995; Kipple and Gabriele 2004; Ireland and Bisson 2016. CBS ...... Barge operations ...... 180 dB rms @1 m ...... 10–1,500 Hz ..... Richardson et al. 1995; Kipple and Gabriele 2004; Ireland and Bisson 2016. DPD ...... Impact pile driving ...... 198.6 dBPK @10 m (186.7 Up to 2.5 kHz ... Austin et al. 2016; Denes et al. 2016. dBSEL @10 m). DPD ...... Vibratory pile installation/ 161.9 to 168.2 @10 m ..... Up to 2.5 kHz ... Austin et al. 2016; Denes et al. 2016. removal. DPD ...... Socket and anchor drilling 189.8 @1 m ...... Up to 10 kHz .... Denes et al. 2016. DPD ...... General vessel operations 145–175 dB rms @1 m .... 10–1,500 Hz ..... Richardson et al. 1995; Kipple and Gabriele 2004; Ireland and Bisson 2016. DPD ...... Barge operations ...... 180 dB rms @1 m ...... 10–1,500 Hz ..... Richardson et al. 1995; Kipple and Gabriele 2004; Ireland and Bisson 2016.

CBS = City and Borough of Sitka, DPD = Duck Point Development II, LLC for Hoonah Berth II, dBPK = Decibels peak, dBSEL = Decibels sound exposure level, dBRMS = Decibels root mean squared.

Noise From Vessels adult male southern sea otter in the amphibious hearing, and both use Characteristics of sounds produced by presence of ambient noise suggest the sound in similar ways. sea otter’s hearing was less sensitive to vessels are a product of several variables Exposure Thresholds pertaining to the specifications of the high-frequency (greater than 22 kHz) Noise exposure criteria have been vessel, including the number and type and low-frequency (less than 2 kHz) established by the NMFS for identifying of engines, propeller shape and size, sounds than terrestrial mustelids but and the mechanical condition of these similar to that of sea lions. Dominant underwater noise levels capable of components. Operational status of the frequencies of southern sea otter causing Level A harassment (injury) of vessel, such as pushing or towing heavy vocalizations are between 3 and 8 kHz, marine mammals, including otariid loads, or using bow thrusters, can with some energy extending above 60 pinnipeds (NMFS 2018a). Sea otter- significantly affect the levels of sounds kHz (McShane et al. 1995; Ghoul and specific criteria have not been emitted by the same vessel at different Reichmuth 2012a). established; however, because of the times (Richardson et al. 1995; Ireland Exposure to high levels of sound may biological similarities between otariid and Bisson 2016). cause changes in behavior, masking of pinnipeds and sea otters, we assume The proposed vessels are skiffs communications, temporary or that noise criteria developed by NMFS approximately 7.6–10.7 m (25–30 ft) in permanent changes in hearing for injury for otariid pinnipeds are a length with 35–50 hp outboard engines. sensitivity, discomfort, and injury. suitable proxy for sea otters. Those Recordings of sounds produced by Species-specific criteria for sea otters criteria are based on estimated levels of similar vessels in Glacier Bay National have not been identified for preventing sound exposure capable of causing a Park were loudest at frequencies harmful sound exposures. Thresholds permanent shift in sensitivity of hearing between roughly 100 Hertz (Hz) and 5 have been developed for other marine (e.g., a permanent threshold shift (PTS) kHz, with source levels ranging from mammals, above which exposure is (NMFS 2018a)). Exposure to moderate 160–182 Decibels referenced at 1 micro likely to cause behavioral disturbance durations of very loud noise or long- Pascal at 1 meter (dB re 1 mPa at 1 m) and injuries (Southall et al. 2007, 2019; term continuous exposure of moderate (Kipple and Gabriele 2004). Acoustic Finneran and Jenkins 2012; NMFS noise levels may cause the hairs within properties of sounds expected from 2018a). Because sea otter hearing the inner ear system to die or disable the vessel operations are shown in table 1. abilities and sensitivities have not been synapses between hair cells and their fully evaluated, we relied on neurons, resulting in PTS. Sea Otter Hearing functionally similar hearing information NMFS’s (2018a) criteria for sound Sound frequencies produced by from other species to evaluate the exposure incorporate two metrics of vessels, pile driving, and removal potential effects of noise exposure. exposure: The peak level of equipment will fall within the hearing California sea lions (Zalophus instantaneous exposure likely to cause range of northern sea otters and will be californianus) (an otariid pinniped) PTS, and the effects of cumulative audible to animals during the proposed have shown a frequency range of exposure during a 24-hour period. They construction activities. Controlled hearing most functionally similar to that also include weighting adjustments for sound exposure trials on southern sea of southern sea otters (Ghoul and the sensitivity of different species to otters (E. l. nereis) indicate that those Reichmuth 2014) and provide the varying frequencies. PTS-based injury otters can hear frequencies between 125 closest proxy for which data are criteria were developed from theoretical Hz and 38 kHz with best sensitivity available. Sea otters and otariid extrapolation of observations of between 1.2 and 27 kHz (Ghoul and pinnipeds share a similar mammalian temporary threshold shifts (TTS) Reichmuth 2014). Aerial and aural physiology (Echteler et al. 1994; detected in lab settings during sound underwater audiograms for a captive Solntseva 2007). Both are adapted to exposure trials. The estimated PTS

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thresholds for otariid pinnipeds are 232 group. Kastak et al. (2005) found available data and suggest that either a dB peak and 203 dB sound exposure exposures resulting in TTS in pinnipeds 199-dB SELCUM threshold or a 160-dB level cumulative (SELcum) for ranging from 152 to 174 dB (183–206 dB threshold is likely to be the best impulsive noise, and 219 dB SELcum SEL). Kastak et al. (2008) demonstrated predictor of Level B harassment.

for non-impulsive noise (NMFS 2018a). persistent TTS, if not PTS, after 60 In conclusion, a 199-dB SELCUM NMFS criteria for Level A harassment seconds of 184 dB SEL. Kastelein et al. exposure threshold is likely to be more represents the best available information (2012) found small but statistically accurate than a 160-dB threshold when for predicting injury from exposure to significant TTSs at approximately 170 the behaviors of individual otters can be underwater sound among otariid dB SEL (136 dB, 60 min) and 178 dB closely monitored. Given the lack of pinnipeds. We assume these criteria SEL (148 dB, 15 min). Finneran (2015) TTS data specific to otters, the 160-dB also represent appropriate exposure summarized these and other studies, threshold provides a measure of limits for Level A harassment of sea which NMFS (2018a) has used to insurance against underestimation of otters. A recent review of literature develop a TTS threshold for otariid the possible risks to otters, and provides regarding the effects of noise upon the pinnipeds of 199 dB SELCUM. greater practicability for application of hearing of marine mammals placed sea mitigation and monitoring. otters into a functional hearing group Southall et al. (2007) also assessed called ‘‘other carnivores’’, which also behavioral response studies and found Exposure to impulsive sound levels includes otariid pinnipeds (Southall et considerable variability among captive greater than 160 dB can elicit behavioral al. 2019), but no new hearing threshold pinnipeds. They determined that changes in marine mammals that might criteria were identified in that study. exposures between approximately 90– be detrimental to health and long-term NMFS (2018a) criteria do not identify 140 dB generally do not induce strong survival where it disrupts normal thresholds for avoidance of Level B behavioral responses in pinnipeds in behavioral routines. Thus, using harassment. For pinnipeds, NMFS has water (Southall et al. 2007). Avoidance information available for other marine adopted a 160-dB threshold Level B and other behavioral effects were mammals as a surrogate, and taking into harassment from exposure to impulse observed in the range between 120–160 consideration the best available noise and a 120-dB threshold for dB; however, only one of the observed information about sea otters, the Service continuous noise (NMFS 1998; HESS reactions reported in Southall et al. has determined the received sound level 1999; NMFS undated). These thresholds (2007) was sufficiently severe to meet under water of 160 dB as a threshold for were developed from observations of behavioral criteria for take by Level B Level B take by disturbance for sea mysticetes responding to airgun harassment (see Characterizing Take by otters for this proposed IHA (based on operations (e.g., Malme et al. 1983a, Level B Harassment, below). In the Ghoul and Reichmuth 2012a,b; 1983b; Richardson et al. 1986, 1995) Evidence from Sea Otter Studies section McShane et al. 1995; Riedman 1983; and from equating Level B harassment below, we review the observed and Richardson et al. 1995; and others). with noise levels capable of causing studied behavioral responses of wild sea Exposure to unmitigated in-water noise TTS in lab settings. otters to noise. Behavioral observations levels between 125 Hz and 38 kHz that Southall et al. (2007) reviewed the indicate that a 120-dB threshold is are greater than 160 dB will be literature and derived TTS thresholds likely to overestimate the likelihood of considered by the Service as Level B for pinnipeds from impulsive sounds Level B harassment, but these studies do take for both continuous and impulsive based on 212 dB peak and 171 dB not provide definitive support for a sound sources; thresholds for SELcum. The updated review from particular threshold. Therefore, the potentially injurious Level A take will Southall et al. (2019) gives values of 232 work of NMFS (2018a, undated), be 232 dB peak or 203 dB SEL for dB peak and 203 dB SELCUM for the TTS Southall et al. (2007, 2019), and others impulsive sounds and 219 dB SEL for threshold for the ‘‘other carnivore’’ described here represent the best continuous sounds (table 2).

TABLE 2—SUMMARY OF NORTHERN SEA OTTER ACOUSTIC THRESHOLDS FOR UNDERWATER SOUND IN THE FREQUENCY RANGE 125 HZ–38 KHZ

Injury (Level A) threshold Disturbance (Level B) Marine mammals threshold Impulsive 1 Non-Impulsive 1 All

Sea otters ...... 232 dB peak; 203 dB SELCUM ...... 219 dB SELCUM ...... 160 dB rms. 1 Based on NMFS acoustic criteria for otariid pinnipeds (NMFS 2018a).

Evidence From Sea Otter Studies 1983; Curland 1997). There are no during pile driving did so while their available data regarding the reactions of heads were above the surface of the The available studies of northern and northern sea otters to pile driving. water, suggesting that airborne noise southern sea otter behavior indicate that Southern sea otters in an area with was as important as underwater noise in sea otters are somewhat more resistant frequent railroad noise appeared to be prompting the animals’ reactions. When to the effects of sound than other marine relatively undisturbed by pile-driving sea otters have displayed behavioral mammals (Riedman 1983, 1984; Ghoul activities, many showing no response disturbance in response to acoustic et al. 2012a, b; Reichmuth and Ghoul and generally reacting more strongly to stimuli, responses were short-lived, and 2012). Southern sea otters off the passing vessels than to the sounds of the otters quickly became habituated California coast showed only mild interest in boats passing within pile-driving equipment (ESNERR 2011; and resumed normal activity (Davis et hundreds of meters and appeared to ESA 2016). Additionally, many of the al. 1987, 1988; Ghoul et al. 2012b). Sea have habituated to boat traffic (Riedman otters who displayed a reaction behavior otters may be less sensitive to noise as

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they do not rely on sound to orient frequent vessel traffic, and the addition • Development of marine mammal themselves, locate prey, or of the lightering float will not result in monitoring and mitigation plans; communicate underwater. a substantial increase in vessel traffic to • Establishment of shutdown and Sea otters in Alaska have shown signs the area. Therefore, it is unlikely that monitoring zones during noise- of disturbance (escape behaviors) in sea otter habitat would be significantly generating work; response to the presence and approach modified by the addition of the • Visual mitigation monitoring by of vessels. Behaviors included diving or lightering float. designated Protected Species Observers actively swimming away from a boat, The northeast side of Cannery Point— (PSOs); hauled-out sea otters entering the water, the proposed location for the second • Conducting all work during periods and groups of otters dispersing and cruise ship berth at Hoonah—is not of good visibility; swimming in multiple different developed and otters may be displaced • Site clearance before start-up; directions (Udevitz et al. 1995). Sea by the installation of the berth and a • Soft-start procedures; otters in Alaska have also been shown subsequent increase in vessel traffic. • Shutdown procedures; to avoid areas with heavy boat traffic Impacts upon benthic habitat of otters • Use of pile caps to reduce noise but return to those same areas during and their prey are minimized by the use during impact pile driving; and • seasons with less traffic (Garshelis and of a floating dock, which will not Vessel strike avoidance measures. Garshelis 1984). require dredging or fill. The installation These measures are further specified Disturbance is possible from the of the berth will increase vessel traffic under Proposed Authorizations, part B. applicants’ activities. Individual sea to the northeast side of Cannery Point Avoidance and Minimization. otters in Sitka Sound and Port where otters may become habituated to Estimated Incidental Take Frederick/Icy Strait are likely to show a traffic or may be displaced. However, range of responses to noise from the passengers from cruise ships are Characterizing Take by Level B applicants’ equipment and vessels. currently being transferred to shore a Harassment Some may abandon the construction few at a time on board small vessels. areas and return when the disturbance An individual sea otter’s reaction will The presence of a facility at which has ceased. Based on the observed depend on its prior exposure to vessels passengers can walk off a vessel to movement patterns of wild otters (i.e., and human presence at the project sites, participate in shore excursions will Lensink 1962; Kenyon 1969, 1981; some intrinsic motivation or bring about a reduction in the number Garshelis and Garshelis 1984; Riedman requirement to be in the particular area, of small vessel trips between moored and Estes 1990), we expect that some its physiological status, or other cruise ships and the shore near Cannery individuals (e.g., independent juveniles) intrinsic factors. The location, timing, Point. will respond to the applicants’ proposed frequency, intensity, and duration of the activities by dispersing to nearby areas Mitigation and Monitoring encounter are among the external factors of suitable habitat while others will not that will also influence the animal’s If IHAs for the applicants’ projects are be displaced. response. Some otters will likely show startle issued, they must specify means for Relatively minor reactions such as responses, change direction of travel, or effecting the least practicable impact on increased vigilance or a short-term dive. Otters reacting to pile driving or northern sea otters and their habitat, change in direction of travel are not vessels may divert time and attention paying particular attention to habitat likely to disrupt biologically important from biologically important behaviors, areas of significance, and on the behavioral patterns and are not such as feeding. Other effects may be availability of northern sea otters for considered take by harassment as undetectable in observations of taking for subsistence uses by coastal- defined by the MMPA. These types of behavior, especially the physiological dwelling Alaska Natives. responses typify the most likely effects of chronic noise exposure. Some In evaluating what mitigation reactions of sea otters that will be otters in the area of activity may become measures are appropriate to ensure the exposed to the applicants’ activities. habituated to noise caused by the least practicable adverse impact on a Extreme behavioral reactions capable of project due to the existing continual species or stock and their habitat, as causing injury are characterized as Level vessel traffic in the area and will have well as subsistence uses, we considered A harassment events, which are little, if any, reaction to the presence of the manner in which, and the degree to unlikely to result from the proposed vessels or human activity on the barge which, the successful implementation of project and will not be authorized. platforms. the measures are expected to reduce Intermediate reactions that disrupt impacts to sea otters, their habitat, and biologically significant behaviors of the Effects on Habitat their availability for subsistence uses. affected animal meet the criteria for Habitat areas of significance for otters We considered the nature of the Level B harassment under the MMPA. exist near the project areas. Physical and potential adverse impact being In 2014, the Service identified the biological features of coastal habitat mitigated (likelihood, scope, range), the following sea otter behaviors as essential to the conservation of northern likelihood that the measures will be indicating possible Level B harassment. sea otters include the benthic effective if implemented, and the The following list does not describe all invertebrates (urchins, mussels, clams, likelihood of effective implementation. possible behaviors, and other situations etc.) eaten by otters and the shallow We also considered the practicability of may indicate Level B harassment: rocky areas and kelp beds that provide the measures for applicant • Swimming away at a fast pace on cover from predators. The CBS project implementation (e.g., cost, impact on belly (i.e., porpoising); involves the removal and replacement operations). • Repeatedly raising the head of piles at an extant dock facility, and To reduce the potential for vertically above the water to get a better little to no habitat within Sitka Sound disturbance from acoustic stimuli view (spy hopping) while apparently will be altered. For the DPD project, the associated with the activities, the agitated or while swimming away; lightering float will be installed between applicants have proposed mitigation • In the case of a pup, repeatedly spy two busy commercial docks at Cannery measures including, but not limited to, hopping while hiding behind and Point. This area already experiences the following: holding onto its mother’s head;

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• Abandoning prey or feeding area; estimate exposure to all proposed have an effect as well. We assumed all • Ceasing to nurse and/or rest activities. animals exposed to underwater sound (applies to dependent pups); levels that meet acoustic criteria would • No separate exposure evaluation was Ceasing to rest (applies to done for activities that do not generate experience Level B harassment. independent animals); • underwater sound. All of the proposed Distances to Thresholds Ceasing to use movement corridors activities that may disturb sea otters will along the shoreline; occur simultaneously with in-water The total take of sea otters for each of • Ceasing mating behaviors; activities that do generate sound. For the proposed construction projects in • Shifting/jostling/agitation in a raft example, operation of heavy equipment Sitka Sound and Port Frederick was so that the raft disperses; estimated by calculating the number of • Sudden diving of an entire raft; and on barge platforms will facilitate • Flushing animals off a haulout. underwater pile driving. The otters otters in the ensonified areas during the affected by the equipment operations full duration of the projects. To Estimating Exposure Rates are the same as those affected by the calculate the areas that will be The Service anticipates that pile driving. Sound exposure and ensonified during each component of incidental harassment of sea otters may behavioral disturbances are the projects, we first estimated the occur during the proposed activities in accumulated over a 24-hour period, distances that underwater sound will Sitka Sound and Port Frederick/Icy resulting in estimation of one exposure travel before attenuating to levels below Strait. Underwater noise levels from pile from all in-water sources rather than thresholds for take by Level A and Level driving and related activities may cause one each from equipment operations B harassment. The distances to the short-term, nonlethal, but biologically and pile-driving noise. Level A thresholds were calculated using the NMFS Acoustical Guidance significant changes in behavior that the Predicting Behavioral Response Rates Service considers Level B harassment. Spreadsheets (NMFS 2018b) and their The number of animals affected will be Although we cannot predict the thresholds for otariid pinnipeds as a determined by the distribution of outcome of each exposure of a sea otter proxy for sea otters. Distances to the animals and their location in proximity to the sounds, equipment, and vessels 160-dB Level B threshold were to the project work. used for the proposed activities, it is calculated using a practical spreading Sound exposure criteria provide the possible to consider the most likely transmission loss model (15 LogR). best available proxy for estimation of reactions. Whether an individual animal Model estimates incorporated exposure. The behavioral response of responds behaviorally to such exposure operational and environmental sea otters to shoreline construction and is dependent upon many variables. The parameters for each activity, and vessel activities is related to the health, physiological state, reproductive characteristics of the sound produced distance between the activity and the state, and temperament of the are shown in table 3. Weighting factor animals. Underwater sound is generated individual animals will have an effect. adjustments were used for SEL in tandem with other airborne visual, Factors such as the activity of the calculations based on NMFS Technical olfactory, or auditory signals from the animal, exposure to other disturbances, Guidance (NMFS 2018a). Operational specified activities, and travels much habituation of the animal to similar parameters were estimated from the farther. Therefore, estimating exposure disturbances, and the presence of description of activities outlined in the to underwater sound can be used to predators, pups, or other otters will applicants’ petitions.

TABLE 3—ASSUMPTIONS USED IN CALCULATING DISTANCES TO LEVEL A AND LEVEL B THRESHOLDS

1 2 Source Pulse Activity Type of source Source level WFA velocity duration Repetition rate Duration per day

Impact pile driving Stationary impul- 181.3 dBPK @10 2 kHz ...... N/A ...... N/A ...... 30 strikes/pile ..... ≤0.1 hrs/day. (16-inch piles). sive. m (168.2 dBSEL @10 m). Vibratory pile driv- Stationary non- 161 @10 m ...... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 1 hr/day. ing (16-inch impulsive. piles). Socket drilling ...... Stationary non- 189.8 @1 m ...... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 6 hrs/day. impulsive. Crew skiff ...... Mobile non-impul- 175 @1 m ...... 1.5 kHz .... 1.54 m/s ... N/A ...... N/A ...... <1 hr/day. sive. Barge handling Stationary non- 180 @1 m ...... 1.5 kHz .... N/A ...... N/A ...... N/A ...... 3 hrs/day. skiff. impulsive. Impact pile driving Stationary impul- 198.6 dBPK @10 2 kHz ...... N/A ...... N/A ...... 100 strikes/pile ... 400 strikes/day. (36-inch piles). sive. m (186.7 dBSEL @10 m). Impact pile driving Stationary impul- 198.6 dBPK @10 2 kHz ...... N/A ...... N/A ...... 135 strikes/pile ... 370 strikes/day. (42-inch piles). sive. m (186.7 dBSEL @10 m). Vibratory pile driv- Stationary non- 161.9 @10 m ..... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 0.7 hrs/day. ing (24-inch impulsive. piles). Vibratory pile driv- Stationary non- 161.9 @10 m ..... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 2 hrs/day. ing (30-inch impulsive. temporary piles). Vibratory pile re- Stationary non- 161.9 @10 m ..... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 1 hr/day. moval (30-inch impulsive. temporary piles).

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TABLE 3—ASSUMPTIONS USED IN CALCULATING DISTANCES TO LEVEL A AND LEVEL B THRESHOLDS—Continued

1 2 Source Pulse Activity Type of source Source level WFA velocity duration Repetition rate Duration per day

Vibratory pile driv- Stationary non- 161.9 @10 m ..... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 1 hr/day. ing (30-inch impulsive. piles). Vibratory pile driv- Stationary non- 168.2 @10 m ..... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 1 hr/day. ing (36-inch impulsive. piles). Vibratory pile driv- Stationary non- 161.9 @10 m ..... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 2 hrs/day. ing (42-inch impulsive. piles). Socket and anchor Stationary non- 189.8 @1 m ...... 2.5 kHz .... N/A ...... N/A ...... N/A ...... 4 hrs/day. drilling. impulsive. Crew skiff ...... Mobile non-impul- 175 @1 m ...... 1.5 kHz .... 1.54 m/s ... N/A ...... N/A ...... <1 hr/day. sive. Monitoring skiff ..... Mobile non-impul- 175 @1 m ...... 1.5 kHz .... 1.54 m/s ... N/A ...... N/A ...... 12 hrs/day. sive. Barge handling Stationary non- 180 @1 m ...... 1.5 kHz .... N/A ...... N/A ...... N/A ...... 3 hrs/day. skiff. impulsive. 1 Source level is given in dBrms re 1 μ Pa, unless otherwise indicated, as measured at the given distance from the source in meters. 2 Weighting factor adjustment.

The distances to the modelled Level radial distance away from the sound experience take by Level A or Level B A and Level B thresholds are shown in source within which an otter exposed to harassment. table 4. Each estimate represents the the sound of the activity is expected to

TABLE 4—CALCULATED DISTANCE IN METERS (M) TO LEVEL A AND LEVEL B THRESHOLDS

Level A—NMFS Otariid Level B— USFWS Non- Applicant Activity Impulsive impulsive Both 232 dB peak 203 dB SEL 219 dB SEL 160 dB rms

City and Borough of Sitka ...... Impact pile driving (16-inch piles) .... 0.0 0.4 ...... 263.0 Vibratory pile driving/removal (16- ...... 0.3 11.7 inch piles). Socket drilling ...... 8.0 97.0 Crew skiff ...... 0.6 10.0 Barge handling skiff ...... 1.5 21.5 Duck Point Development, LLC for Impact pile driving (36-inch piles) .... 0.0 37.3 ...... 3,744.0 Hoonah. Impact pile driving (42-inch piles) .... 0.0 28.7 3,744.0 Vibratory pile driving (24-inch piles) ...... 0.3 13.4 Vibratory pile driving (30-inch tem- ...... 0.5 13.4 porary piles). Vibratory pile removal (30-inch tem- ...... 0.3 13.4 porary piles). Vibratory pile driving (30-inch piles) ...... 0.3 13.4 Vibratory pile driving (36-inch piles) ...... 0.9 35.2 Vibratory pile driving (42-inch piles) ...... 1.4 35.2 Socket and anchor drilling ...... 9.7 97.0 Crew skiff ...... 0.6 10.0 Monitoring skiff ...... 0.6 10.0 Barge handling skiff ...... 1.5 21.5

Estimates of Take exceptions are the Level B radii for with the contractors, it was estimated To calculate the areas that will be impact installation of the 36- and 42- that each trip would be no more than ensonified by pile driving, we used inch piles at Hoonah; for these we used 500 m (1,640 ft); six trips per day are 1 2 either half or all of the area of the circle half of the area of the circle, or ⁄2 p r . expected for the crew vessel at Sitka, of the radii in table 4, above, depending The areas ensonified by crew and and eight trips per day are expected for on the size of the radius. Pile driving monitoring vessel operations were the crew vessel at Hoonah. For the will take place close to shore; however, estimated by multiplying the vessels’ monitoring skiff, the track length was many of the radii are small enough that anticipated daily track length by twice estimated by multiplying running time their defined circles will fall entirely, or the 160-dB radius plus p r2 to account by vessel speed: 12 hours per day by 20 nearly entirely, in the water, especially for the rounded ends of the track line. km per hour or about 10 knots, plus the at higher tides—in these instances, the Based on the figures provided in the rounded end of the track line as area was calculated as p r2. The applicants’ proposals and discussions described above. The barge handling

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skiff will be stationary, so the ensonified density of animals in Sitka Sound is noise levels exceeding Level B area is simply the area of the circle 0.842 otters per km2; in the Port thresholds (table 5). For the Hoonah defined by the 160 dB radius, p r2. Frederick area the density is estimated project, the estimates are 0.012 Level A We then took two approaches to at 0.368 animals per km2 (Tinker et al., takes and 199.888 Level B takes (table estimate the number of otters that may in press). To estimate the expected 5). The only operations with the be present within the areas that will be numbers of animals exposed to noise potential for take by Level A harassment ensonified by the various sound levels at or above the Level A and Level are impact pile driving of 36- and 48- sources. We used densities of otters B thresholds, we multiplied the inch piles. The application of shutdown based on recent analyses of data from ensonified areas by the density of otters measures (see Measures to Reduce aerial and skiff-based surveys conducted and the number of days for each Impact, below) will eliminate the by the Service and USGS in southeast activity. For the Sitka project, this possibility of otters being exposed to Alaska. The most recently available resulted in an estimate of zero sounds in excess of Level A thresholds. estimates of the distribution and exposures of northern sea otters to noise No authorization of take by Level A abundance of northern sea otters in levels exceeding Level A thresholds and harassment is being requested, none is southeast Alaska indicate that the 0.252 exposures of northern sea otters to expected, and none will be authorized.

TABLE 5—ESTIMATE OF TOTAL TAKE FOR EACH PROPOSED ACTIVITY BASED ON ESTIMATES DERIVED FROM NORTHERN SEA OTTER DENSITIES IN THE PROJECT AREAS. THESE ESTIMATES DO NOT ACCOUNT FOR AVOIDANCE OF TAKE BY THE APPLICATION OF PROPOSED MITIGATION MEASURES

Level A Level B

Number Duration Impulsive Non- Applicant Activity of piles (days) impulsive 232 pk 203 SEL 219 SEL 160 rms

City and Borough of Impact pile driving (16-inch 6 1 0.000 0.000 ...... 0.183 Sitka. piles). Vibratory pile driving (16-inch 6 1 ...... 0.000 0.000 piles). Socket drilling ...... 2 ...... 0.000 0.000 Crew skiff ...... 3 ...... 0.000 0.067 Barge handling skiff ...... 3 ...... 0.000 0.002

Total ...... 3 0.000 0.000 0.000 0.252

DPD/Hoonah Berth II ... Impact pile driving (36-inch 16 4 0.000 0.006 ...... 32.411 piles). Impact pile driving (42-inch 8 4 0.000 0.006 ...... 32.411 piles). Vibratory pile driving (24-inch 24 4.5 ...... 0.000 0.000 piles). Vibratory pile driving (30-inch 62 10.5 ...... 0.000 0.002 temporary piles). Vibratory pile removal (30- 62 10.5 ...... 0.000 0.002 inch temporary piles). Vibratory pile driving (30-inch 3 1.5 ...... 0.000 0.000 permanent piles). Vibratory pile driving (36-inch 16 8 ...... 0.000 0.006 piles). Vibratory pile driving (42-inch 8 4 ...... 0.000 0.006 piles). Socket drilling/rock anchoring ...... 28 ...... 0.000 0.304 Crew skiff ...... 75 ...... 0.000 2.217 Monitoring skiff ...... 75 ...... 0.000 132.489 Barge handling skiff ...... 75 ...... 0.000 0.040

Total ...... 75 0.000 0.012 0.000 199.888

In the calculation of otter densities, utilization of some areas of habitat near otters can be expected near the project sightings data from transect surveys are the construction sites is greater than area daily (Solstice Alaska Consulting averaged over a large area. While indicated by density data. The estimates Inc., unpublished data). We therefore densities provide the most reliable of take based on density (table 5) almost assumed that 4 animals would be estimates of animal presence within a certainly underestimate the number of present on each of the 3 days of relatively large subset of the area for otters likely to be affected by the operations. which density was calculated, they do activities planned for each location. The Hoonah Indian Association, not account for patchy distribution of Solstice Alaska Consulting, Inc. based on local knowledge and in animals within relatively small areas. conducted surveys of the Sitka consultation with Solstice Alaska For each project area considered here, O’Connell Bridge site; the data collected Consulting Inc., indicated that between local knowledge suggests that sea otter suggest that between one and four sea one and six sea otters would likely be

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near the project area daily. B harassment by multiplying the Island. On the other 67 days of pile- Communications among Service staff number of otters expected to be in the driving operations, the Level B indicated that group sizes at Cannery Level B harassment zone by the number harassment zone does not reach Halibut Point can be larger—frequently 10 of days of operations (table 6). For the Island, and would contain only the 10 animals (Michelle Kissling, USFWS, CBS project, operations are expected to animals expected to be present in the pers. comm.). We assumed that a group take place on 3 days and result in the immediate vicinity of Cannery Point. On of 10 otters would be present each day take of four otters each day. Four otters all 75 days of operations, the monitoring in the immediate project vicinity at multiplied by 3 days results in 12 takes skiff will be operating well outside the Hoonah. Additionally, the Hoonah of otters. areas defined by the 160-dB zone for Indian Association indicated that larger The total number of days of pile-driving operations, and so the rafts of otters, up to 60 individuals, are operations for the DPD project is 75. density approach was applied to sighted regularly near Halibut Island, However, the number of potentially estimating take for this larger area. Sea which lies within the Level B zone of affected otters on a given day is otters may be encountered within the acoustical influence for impact pile dependent upon which operations are 160-dB radius created by the skiff’s driving for the DPD project. For the undertaken. During the 8 days of impact motor (10 m or 33 ft). We estimated a purposes of estimating take, we pile driving at Hoonah, the area in Level B harassment of two sea otters per therefore assumed that 60 individuals which noise levels will exceed the Level day for the operation of the monitoring would be present at Halibut Island on B harassment threshold is likely to skiff based on the density approach each day during the project. contain 70 sea otters:—10 animals (above). The total number of Level B With this information in mind, we within the immediate vicinity of exposures for the DPD/Hoonah Berth II made a second estimate of take by Level Hoonah and 60 animals near Halibut project is 1,380 (table 6).

TABLE 6—ESTIMATE OF TOTAL TAKE FOR EACH PROPOSED ACTIVITY BASED ON ESTIMATES DERIVED FROM NORTHERN SEA OTTER GROUP SIZES IN THE PROJECT AREAS

Number of Duration Level B Total Applicant Activity (days) exposures Level B per day exposures

City and Borough of Sitka ...... All ...... 3 4 12

Total ...... 12 Duck Point Development/Hoonah Berth II ...... Impact pile driving ...... 8 70 560 Monitoring skiff ...... 75 2 150 Vibratory pile driving/removal, socket drilling, 67 10 670 crew vessel, barge positioning.

Total ...... 1,380

For the CBS project at O’Connell harassment equated to exposure to noise groups of sea otters will not change. Bridge, we assumed that the four meeting or exceeding the specified Conversely, we assume that otters animals present on each day would criteria. We also assumed all otters encountered in the waters of Port likely be the same individuals from day exposed to these noise levels would Frederick and Icy Strait will be to day. We therefore estimate that there exhibit behavioral responses that transitory, i.e., different individual would be 12 exposures of 4 northern sea indicate harassment or disturbance. We animals each day. There is not enough otters to sounds in excess of the assumed the response rates are uniform information about the movement of sea threshold for take by Level B throughout the population, though there otters in response to specific harassment. are likely to be some animals that disturbances to refine these For the DPD/Hoonah Berth II project, respond more to disturbance and some assumptions. While otters do have we assumed that the composition of the less. Our estimates also do not account smaller home ranges than other marine groups at Cannery Point and Halibut for variable responses by age and sex. mammals, and those in the project area Island would remain static but that two There is not enough information are likely to be exposed to sound during different individuals would be available to develop a correction factor multiple days of work, it is unlikely that encountered by the monitoring skiff on for these differences; therefore, a any single otter will continue to respond each day of surveys of the waters of Port correction factor was not applied. This in the same manner. The otter will Frederick and Icy Strait. Thus, the will result in overestimation in take either leave the area then return after number of individuals affected would calculations from exposure to activities are complete, or it will be 10+60+(2× 75) = 220 otters. underwater noise and underestimation habituate to the disturbance. However, of take from all other sources. The we have no data to adjust for the Critical Assumptions degree of over- or under-estimation of likelihood of departure or habituation. We propose to authorize up to 12 take is unknown. This situation is likely to result in takes of 4 sea otters by Level B The estimate of behavioral responses overestimation of take. harassment from the CBS project. For do not account for the variability of We do not account for an otter’s time the DPD/Hoonah Berth II project, we movements of animals in the project at the water’s surface where sound propose to authorize up to 1,380 takes area. Our assessment assumes that the attenuates faster than in deeper water. of 220 northern sea otters. We made animals near Sitka, Cannery Point, and The average dive time of a northern sea several critical assumptions to conduct Halibut Island will remain, i.e., the otter is only 85 to 149 seconds (Bodkin this analysis. We assumed that take by individual composition of the affected et al. 2004; Wolt et al. 2012). Wolt et al.

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(2012) found Prince William Sound sea Hoonah harvested 394 animals, by the project; and the potential otters average 8.6 dives per feeding averaging 67 per year. responses of animals to this disturbance. bout, and when multiplied by the The applicants’ activities will not In addition, we reviewed materials average dive time (149 sec), the average preclude access to hunting areas or supplied by the applicants, other total time a sea otter spends underwater interfere in any way with individuals operators in Alaska, our files and during a feeding bout is about 21 wishing to hunt. Pile driving and vessel datasets, published reference materials, minutes. Bodkin et al. (2007) found the use may displace otters, resulting in and species experts. overall average activity budget changes to availability of otters for Otters are likely to respond to (proportion of 24-hour day) spent subsistence use during the project proposed activities with temporary foraging and diving was 0.48 (11.4 hours period. Otters may be more vigilant behavioral modification or per day), and 0.52 nondiving time (12.5 during periods of disturbance, which displacement. These reactions are hours per day). Gelatt et al. (2002) found could affect hunting success rates. The unlikely to have consequences for the that the percent time foraging ranged applicants have coordinated with the health, reproduction, or survival of from 21 percent for females with very Indigenous People’s Council for Marine affected animals. The areas in which young (less than 3 weeks of age) Mammals, the Alaska Sea Otter and sound production is expected to reach dependent pups to 52 percent for Steller Sea Lion Commission, the levels capable of causing harm are small females with old (greater than or equal Hoonah Indian Association, and the and we expect visual monitoring to to 10 weeks of age) pups. Therefore, Sitka Tribe of Alaska to identify and eliminate this risk, so Level A although exposure to underwater sound avoid potential conflicts. The applicants harassment is not anticipated and not during a single dive is limited, reported that no conflicts with sea otter authorized. Most animals will respond accumulation of exposure over time is subsistence harvest were identified by to disturbance by moving away from the expected. Our assessment will cause these groups. source, which may cause temporary some overestimation in this regard. interruption of foraging, resting, or other We also assume that the mitigation Findings natural behaviors. Affected animals are measures presented will be effective for We propose the following findings expected to resume normal behaviors eliminating take by Level A harassment regarding these actions: soon after exposure, with no lasting and reducing take by Level B Small Numbers consequences. Some animals may harassment. Given that the largest Level exhibit more acute responses typical of A radius is slightly under 40 m (131 ft), For small numbers analyses, the Level B harassment, such as fleeing, it is reasonable to expect that visual statute and legislative history do not ceasing feeding, or flushing from a monitoring and mitigation will be expressly require a specific type of haulout. These responses could have effective in this regard. However, numerical analysis, leaving the significant biological impacts for a few additional information is needed to determination of ‘‘small’’ to the agency’s affected individuals, but most animals quantify the effectiveness of mitigation. discretion. In this case, we propose a will also tolerate this type of The monitoring and reporting in these finding that the applicants’ projects may disturbance without lasting effects. We proposed IHAs will help fill this result in takes from the southeast stock do not expect this type of harassment to information need in the future, but for as follows: The take of 4 sea otters for affect annual rates of recruitment or this suite of proposed activities, no CBS and 220 sea otters for DPD. The survival or result in adverse effects on adjustments were made to estimate the current estimate of the southeast Alaska the species or stock. number of Level B takes that will be stock of northern sea otters is 25,712 Our proposed finding of negligible avoided by applying effective mitigation animals (USFWS 2014). The number of impact applies to incidental take measures. animals taken associated with the CBS associated with the proposed activities project represent 0.02 percent of the as mitigated by the avoidance and Potential Impacts on the Southeast stock. For the DPD project, the number minimization measures identified in the Alaska Sea Otter Stock of animals taken represent 0.86 percent applicants’ mitigation and monitoring The estimated level of take by Level of the stock. Based on these numbers, plans. These measures are designed to B harassment is small relative to the we propose a finding that the reduce interactions with and impacts to most recent stock abundance estimates applicants’ projects will take a small otters. Mitigation, monitoring, and for the southeast Alaska stock of number of animals. reporting procedures are required for northern sea otter, which is 25,712 the validity of our findings and are a Negligible Impact animals (USFWS 2014). The take of necessary component of the IHAs. For animals associated with the CBS project We propose a finding that the these reasons, we propose findings that is less than 0.1 percent of the current incidental take by harassment resulting the CBS and DPD projects will have a population size (4 ÷ 25,712 ≈ 0.0002). For from the proposed project cannot be negligible impact on the southeast the DPD project, the take of 220 animals reasonably expected to, and is not Alaska stock of sea otters. is about 0.9 percent of the southeast reasonably likely to, adversely affect the Impact on Subsistence Alaska stock (220 ÷ 25,712 ≈ 0.0086). sea otter through effects on annual rates of recruitment or survival and would, We propose a finding that the Potential Impacts on Subsistence Uses therefore, have no more than a anticipated harassment caused by both Sea otter subsistence harvest by negligible impact on the southeast applicants’ activities would not have an Alaska Natives from the villages of Sitka Alaska stock of northern sea otters. In unmitigable adverse impact on the and Hoonah occurs year-round in areas making this finding, we considered the availability of sea otters for taking for relatively near the proposed project best available scientific information, subsistence uses. In making this finding, areas. Between 2013 and 2017, Alaska including the biological and behavioral we considered the timing and location Native residents of Sitka harvested characteristics of the species; the most of the proposed activities and the approximately 1,541 sea otters averaging recent information on species location of subsistence harvest activities 257 per year (although numbers from distribution and abundance within the in the area of the proposed project. We 2018 are preliminary). Over the same area of the specified activities; the also considered both applicants’ period, Alaska Native residents of potential sources of disturbance caused consultations with subsistence

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communities and commitment to We have evaluated possible effects of 48 hours; and (iii) suspend further development of a Plan of Cooperation the proposed activities on federally activities until the Service has reviewed (POC), should any adverse impacts be recognized Alaska Native Tribes and the circumstances, determined whether identified. corporations. Through the IHA process additional mitigation measures are identified in the MMPA, the applicants necessary to avoid further unauthorized Required Determinations have presented a communication taking, and notified the applicant that it National Environmental Policy Act process, culminating in a POC if may resume project activities. (NEPA) needed, with the Native organizations 3. All operations managers and vessel and communities most likely to be We have prepared draft operators must receive a copy of the affected by their work. The applicants environmental assessment in IHA and maintain access to it for have engaged these groups in reference at all times during project accordance with the NEPA (42 U.S.C. informational meetings. 4321 et seq.). We have preliminarily work. These personnel must concluded that approval and issuance of Proposed Authorization understand, be fully aware of, and be the authorizations for the nonlethal, capable of implementing the conditions The Service proposes to issue an IHA of the IHA at all times during project incidental, unintentional take by Level to the CBS for up to 12 incidental takes B harassment of small numbers of the work. by Level B harassment of 4 northern sea 4. The IHA will apply to activities southeast Alaska stock of northern sea otters from the southeast Alaska stock. associated with the proposed project as otters in Sitka Sound and Port We also propose to issue an IHA to DPD described in this document and in the Frederick, during activities conducted for up to 1,380 incidental takes by Level applicants’ amended applications by the applicants in 2019, would not B harassment of 220 sea otters. (Solstice Alaska Consulting, Inc., 2019a, significantly affect the quality of the Authorized take will be limited to and b). Changes to the proposed project human environment, and that the disruption of behavioral patterns that without prior authorization may preparation of an environmental impact may be caused by pile driving and invalidate the IHA. statement for these actions is not vessel operations conducted by the 5. The applicants’ IHA applications required by section 102(2) of NEPA or applicants in Sitka Sound and Port will be approved and fully incorporated its implementing regulations. We are Frederick/Icy Strait, Alaska, during the into the IHAs, unless exceptions are accepting comments on these draft time period of July 22, 2019, through specifically noted herein or in the final environmental assessments as described December 31, 2019. Take by injury or IHAs. above in ADDRESSES. death to northern sea otters resulting The CBS application includes these Endangered Species Act (ESA) from these construction activities and vessel operations is neither anticipated items: The applicant’s original request The proposed authorization has no nor authorized. for an IHA, dated November 12, 2018; effect on any species listed as The final IHA will incorporate the the applicant’s response to a request for threatened or endangered under the mitigation, monitoring, and reporting additional information from the Service, ESA. requirements provided below. The dated March 19, 2019; the amended applicants would be responsible for application, dated March 21, 2019; the Government-to-Government applicant’s response to a request for Coordination following these requirements. These authorizations would not allow the additional information from the Service, It is our responsibility to intentional taking of sea otters. dated March 25, 2019; and the Marine communicate and work directly on a Mammal Monitoring and Mitigation Government-to-Government basis with A. General Conditions for Issuance of Plan prepared by Solstice Alaska federally recognized Alaska Native the Proposed IHAs Consulting, Inc. (2019b). tribes and corporations in developing 1. The taking of sea otters whenever The DPD application includes the programs for healthy ecosystems. We the required conditions, mitigation, following items: The applicant’s original seek their full and meaningful monitoring, and reporting measures are request for an IHA, dated January 30, participation in evaluating and not fully implemented as required by 2019; the applicant’s response to a addressing conservation concerns for the IHAs will be prohibited. Failure to request for additional information from protected species. It is our goal to follow measures specified may result in the Service, dated March 19, 2019; the remain sensitive to Alaska Native the modification, suspension, or amended application, dated March 21, culture, and to make information revocation of the IHA. 2019; and the Marine Mammal available to Alaska Natives. Our efforts 2. If take exceeds the level or type Monitoring and Mitigation Plan are guided by the following policies and identified in the proposed authorization prepared by Solstice Alaska Consulting, directives: (1) The Native American (e.g., greater than 12 incidents of take of Inc. (2019a). Policy of the Service (January 20, 2016); sea otters by Level B harassment for 6. Operators will allow Service (2) the Alaska Native Relations Policy CBS; greater than 1,380 incidents of take personnel or the Service’s designated (currently in draft form); (3) Executive of sea otters by Level B harassment for representative to visit project work sites Order 13175 (January 9, 2000); (4) DPD (including separation of a mother to monitor impacts to sea otters and Department of the Interior Secretarial from young; injury; or death), the IHA subsistence uses of sea otters at any time Orders 3206 (June 5, 1997), 3225 will be invalidated and the Service will throughout project activities so long as (January 19, 2001), 3317 (December 1, reevaluate its findings. If project it is safe to do so. ‘‘Operators’’ are all 2011), and 3342 (October 21, 2016); (5) activities cause unauthorized take, the personnel operating under the the Alaska Government-to-Government applicant must take the following applicants’ authority, including all Policy (a departmental memorandum actions: (i) Cease its activities contractors and subcontractors. issued January 18, 2001); and (6) the immediately (or reduce activities to the B. Avoidance and Minimization Department of the Interior’s policies on minimum level necessary to maintain consultation with Alaska Native tribes safety); (ii) report the details of the 1. Shutdown and monitoring zones and organizations. incident to the Service’s MMM within will be established as shown in Table 7.

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TABLE 7—SHUTDOWN AND MONITORING ZONES BY ACTIVITY TYPE

Level A Level B shutdown monitoring Applicant Activity zone zone (radius in (radius in meters) meters)

City and Borough of Sitka ...... Impact pile driving (16-inch piles) ...... 10 265 Vibratory pile driving (16-inch piles) ...... 10 15 Socket and anchor drilling ...... 15 100 Crew skiff ...... 10 100 Barge handling skiff ...... 10 25 Duck Point Development, LLC/ Impact pile driving (36-inch piles) ...... 50 3,745 Hoonah Berth II. Impact pile driving (42-inch piles) ...... 50 3,745 Vibratory pile driving (24-inch piles) ...... 10 25 Vibratory pile driving (30-inch temporary piles) ...... 10 25 Vibratory pile removal (30-inch temporary piles) ...... 10 25 Vibratory pile driving (30-inch piles) ...... 10 25 Vibratory pile driving (36-inch piles) ...... 10 50 Vibratory pile driving (42-inch piles) ...... 10 50 Socket and anchor drilling ...... 15 100 Crew skiff ...... 10 100 Monitoring skiff ...... 10 100 Barge handling skiff ...... 10 25

2. Vessels will not approach within commissions; (iii) identify and work to Service MMM within 48 hours of 100 m (328 ft) of individual sea otters resolve concerns of stakeholders discovery. Injured, dead, or distressed or 500 m (1,640 ft) of groups of 10 or regarding the project’s effects on sea otters that are not associated with more otters. Operators will reduce subsistence hunting of sea otters; and project activities (e.g., animals found vessel speed if a sea otter approaches or (iv) if any unresolved or ongoing outside the project area, previously surfaces within 100 m (328 ft) of a concerns remain, develop a POC in wounded animals, or carcasses with vessel. consultation with the Service and moderate to advanced decomposition, 3. All vessels must avoid areas of subsistence stakeholders to address or scavenger damage) do not need to be active or anticipated subsistence these concerns. reported to the Service. Photographs, hunting for sea otters as determined video, location information, or any other E. Reporting Requirements through community consultations. available documentation shall be 1. The applicants must notify the provided to the Service. C. Monitoring Service at least 48 hours prior to 5. If behaviors indicative of Level B 1. Trained and qualified PSOs will be commencement of activities. harassment are observed during the placed at positions with good vantage of 2. Reports will be submitted to the course of pile driving or vessel shutdown and monitoring zones for Service’s MMM weekly during project operations, the PSO will record the pile-driving activities to perform the activities. The reports will summarize details regarding the behavior(s) and the monitoring of sea otters necessary for project work and monitoring efforts. distance(s) at which the animals showed initiation of adaptive mitigation 3. A final report will be submitted to behaviors indicative of harassment. If measures. the Service’s MMM within 90 days after such incidences take place at distances 2. A trained and qualified PSO will be the expiration of the IHAs. It will greater than the standoff and shutdown placed on the vessel used to monitor the include a summary of monitoring efforts radii described above in Avoidance and Level B harassment zones defined in and observations. All project activities Minimization, this information will be these IHAs and in any IHAs issued by will be described, along with any reported to the Service’s MMM within the NMFS to perform the monitoring of additional work yet to be done. Factors 24 hours; the Service MMM will sea otters necessary for initiation of influencing visibility and detectability evaluate the information and determine adaptive mitigation measures. of marine mammals (e.g., sea state, whether adjustment of the standoff or 3. While on shift, PSOs will have no number of observers, fog, and glare) will shutdown distance is appropriate. primary duties other than to watch for be discussed. The report will describe 6. All reports shall be submitted by and report on events related to marine changes in sea otter behavior resulting email to [email protected]. mammals. from project activities and any specific 7. Applicants must notify the Service behaviors of interest. Sea otter D. Measures To Reduce Impacts to upon project completion or end of the observation records will be provided in work season. Subsistence Users the form of an electronic database or Prior to conducting the work, spreadsheet files. The report will assess References applicants will take the following steps any effects that operations may have A list of the references cited in this to reduce potential effects on had on the availability of sea otters for notice is available at subsistence harvest of sea otters: (i) subsistence harvest and, if applicable, www.regulations.gov in Docket No. Avoid work in areas of known evaluate the effectiveness of the POC for FWS–R7–ES–2019–0053. subsistence harvest of sea otters; (ii) preventing impacts to subsistence users discuss the planned activities with of sea otters. Request for Public Comments subsistence stakeholders including Sitka 4. Injured, dead, or distressed sea If you wish to comment on these Sound and Port Frederick villages, otters that are associated with project proposed IHAs, the associated draft traditional councils, and harvest activities must be reported to the environmental assessments, or both, you

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may submit your comments by any of FOR FURTHER INFORMATION CONTACT: hereby revoked insofar as they affect the the methods described in ADDRESSES. David V. Mushovic, Bureau of Land following described Federal lands: Please identify if you are commenting Management Alaska State Office, 222 Copper River Meridian, Alaska on the proposed IHAs (and which IHA), West Seventh Avenue, Mailstop #13, draft environmental assessments (and Anchorage, AK 99513–7504, telephone: T. 18 S, R. 15 E, unsurveyed, secs. 19 thru 36. which environmental assessment), or 907–271–4682, or email: dmushovi@ T. 16 S, R. 16 E, unsurveyed, both (IHAs and environmental blm.gov. People who use a secs. 25 thru 28 and secS, 33 thru 36. assessments), make your comments as telecommunications device for the deaf T. 18 S, R. 16 E, unsurveyed, specific as possible, confine them to (TDD) may call the Federal Relay secs. 1 thru 4, secs, 9 thru 16, and secS, issues pertinent to the proposed Service (FRS) at 1–800–877–8339 to 19 thru 36. authorization(s), and explain the reason contact Mr. Mushovic during normal T. 16 S, R. 17 E, unsurveyed, for any changes you recommend. Where business hours. The FRS is available 24 secs. 19 thru 36, excepting PL 96–487 possible, your comments should hours a day, 7 days a week, to leave a Wrangell-St. Elias National Park. reference the specific section or message or question. You will receive a T. 17 S, R. 17 E, unsurveyed. T. 18 S, R. 17 E, unsurveyed. paragraph that you are addressing. The reply during normal business hours. T. 19 S, R. 17 E, partly unsurveyed, Service will consider all comments that SUPPLEMENTARY INFORMATION: secs. 1 thru 14, secs. 17 thru 20, secs. 23 are received before the close of the This Order follows the recommendations thru 26, and secs. 35 and 36. comment period (see DATES). T. 16 S, R. 18 E, unsurveyed, made in the Bureau of Land Comments, including names and secs. 17 thru 20, and sec. 30, excepting PL Management’s 2007 East Alaska RMP. street addresses of respondents, will 96–487 Wrangell-St. Elias National Park. The Environmental Impact Statement become part of the administrative record T. 17 S, R. 18 E, unsurveyed, accompanying the East Alaska RMP for this proposal. Before including your secs. 19 thru 23, and secs. 25 thru 36, serves as the detailed statement required excepting PL 96–487 Wrangell-St. Elias address, telephone number, email under section 102(2)(C) of the National National Park. address, or other personal identifying Environmental Policy Act. PLO No. T. 18 S, R. 18 E, unsurveyed, information in your comment, be 5176, as amended, modified, or secs. 1 thru 36, excepting PL 96–487 advised that your entire comment, corrected, withdrew land for selection Wrangell-St. Elias National Park. including your personal identifying T. 18 S, R. 19 E, unsurveyed, by Alaska Native Claims Settlement Act information, may be made publicly secs. 6 thru 9, secs. 15 thru 22, and secs. (ANCSA) village and regional available at any time. While you can ask 27 thru 34, excepting PL 96–487 corporations in the Chugach Region, us in your comments to withhold from Wrangell-St. Elias National Park. and for classification. The selection public review your personal identifying T. 19 S, R. 19 E, unsurveyed, period expired in 1974 making it secs. 2 thru 36, excepting PL 96–487 information, we cannot guarantee that possible for revocation of this Wrangell-St. Elias National Park. we will be able to do so. withdrawal on any segregated land still T. 20 S, R. 19 E. Dated: May 30, 2019. under selection. PLO No. 5179, as T. 19 S, R. 20 E, unsurveyed, Gregory E. Siekaniec, amended, modified, or corrected, secs. 17 thru 20, and secs. 27 thru 34, excepting PL 96–487 Wrangell-St. Elias Regional Director, Alaska Region. withdrew lands in aid of legislation National Park. [FR Doc. 2019–14667 Filed 7–9–19; 8:45 am] concerning addition to or creation of T. 20 S, R. 20 E, unsurveyed, BILLING CODE 4333–15–P units of the National Park, National secs. 3 thru 10, secs. 15 thru 22, and secs. Forest, Wildlife Refuge, and Wild and 27 thru 34, excepting PL 96–487 Scenic Rivers Systems, and to allow for Wrangell-St. Elias National Park. DEPARTMENT OF THE INTERIOR classification of the lands. Any T. 21 S, R. 20 E, partly unsurveyed, additions to or creation of new units of secs. 1 thru 3, secs. 10 thru 17, and secs. Bureau of Land Management National Parks, National Forests, 20 thru 29. Wildlife Refuges or Wild and Scenic The areas described aggregate 217,486 [19X.LLAK941000 L14100000.ET0000; AA– Rivers from the land withdrawn by PLO acres. Some lands covered by the revocation 65513, AA–61299] No. 5179 were accomplished by the of the above listed withdrawals as to the lands described above have been top-filed by Alaska National Interest Lands Public Land Order No. 7880, Partial the State of Alaska per the Alaska Statehood Conservation Act of 1980. The Act. Revocation of Public Land Orders No. classification of the lands withdrawn by 5176 and 5179, Alaska PLO No. 5176 and 5179 were satisfied 2. The lands subject to revocation in this Order will not be subject to AGENCY: Bureau of Land Management, by the analysis conducted during the development of the East Alaska RMP. additional withdrawal by PLO No. 5418, Interior. effective March 28, 1974, amending PLO ACTION: Public Land Order. Order No. 5180. 3. At 8 a.m. AKDT on August 9, 2019, SUMMARY: This Order partially revokes By virtue of the authority vested in the lands described in Paragraph 1 shall two Public Land Orders (PLOs) insofar the Secretary of the Interior by Section be open to all forms of appropriation as they affect 217,486 acres of public 204 of the Federal Land Policy and under the public land laws, including lands reserved for study and Management Act of 1976, 43 U.S.C. selection by the State of Alaska under classification as appropriate by the 1714, and Section 22(h)(4) of the Alaska the Alaska Statehood Act, location and Department of the Interior. The Native Claims Settlement Act of 1971, entry under the mining laws, leasing purposes for which these lands were 43 U.S.C. 1621(h)(4), it is ordered as under the Mineral Leasing Act of withdrawn no longer exist as described follows: February 25, 1920, as amended, and in the analysis and decisions made 1. Subject to valid existing rights, selection by Regional Corporations through the 2007 East Alaska Resource PLOs No. 5176 (37 FR 5579 (1972)), under section 12 of the ANCSA, subject Management Plan (East Alaska RMP). 5179 (37 FR 5589 (1972)), and any to valid existing rights, the provisions of DATE: This PLO takes effect on July 10, amendments, modifications, or existing withdrawals, other segregations 2019. corrections to these orders, if any, are of record, and the requirements of

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applicable law. All valid applications normal business hours. The FRS is the State of Alaska. These purposes for received at or prior to 8 a.m. AKDT on available 24 hours a day, 7 days a week, which these lands were withdrawn were August 9, 2019, shall be considered as to leave a message or question with the satisfied by the analysis conducted simultaneously filed at that time. Those above individual. You will receive a during the development of the received thereafter shall be considered reply during normal business hours. Fortymile RMP. PLO No. 5187, as in the order of filing. Appropriation of SUPPLEMENTARY INFORMATION: This amended, modified, or corrected, any of the lands referenced in this Order Order follows the recommendations withdrew lands for classification and under the general mining laws prior to made in the Bureau of Land protection of the public interest in lands the date and time of revocation is Management’s 2016 Eastern Interior in military reservations. The unauthorized. Any such attempted Fortymile RMP. The Environmental classification of the lands withdrawn by appropriation, including attempted Impact Statement accompanying the PLO No. 5187 has been satisfied by the adverse possession under 30 U.S.C. 38, Fortymile RMP serves as the detailed analysis conducted during the shall vest no rights against the United statement required under section development of the Fortymile RMP. In States. State law governs acts required 102(2)(C) of the National Environmental addition, PLO No. 5418, effective March to establish a location and to initiate a Policy Act. PLOs 5173 and 5178, as 28, 1974, amends PLO No. 5180 to add right of possession where not in conflict amended, modified, or corrected, ‘‘All unreserved public lands in Alaska, with Federal law. The BLM will not withdrew lands for selection by Village or those that may become unreserved intervene in disputes between rival and Regional Corporations under Sec. unless specified by order at that time.’’ locators over possessory rights since 11(a)(3) of Alaska Native Claims Upon revocation, the lands in this Order Congress has provided for such Settlement Act (ANCSA), and for will not be subject to the terms and determinations in local courts. classification. Sec. 22(h)(4) of ANCSA conditions of PLO No. 5418, which Dated: June 26, 2019. states ‘‘the Secretary is authorized to amended PLO No. 5180, but will Joseph R. Balash, terminate any withdrawal . . . continue to be subject to the terms and conditions of any other withdrawal, Assistant Secretary for Land and Minerals whenever he determines the withdrawal Management. is no longer necessary.’’ The purposes application, or segregation of record. for which these lands were withdrawn Some lands covered by the revocation of [FR Doc. 2019–14708 Filed 7–9–19; 8:45 am] the above listed withdrawals have been BILLING CODE 4310–JA–P were satisfied by the analysis conducted during the development of the Bureau of top-filed by the State of Alaska per the Land Management’s 2016 Eastern Alaska Statehood Act. Upon revocation DEPARTMENT OF THE INTERIOR Interior Fortymile RMP. PLO No. 5179, of the above listed withdrawals, the top as amended, modified, or corrected, filings will convert to selections, subject Bureau of Land Management withdrew lands in aid of legislation to valid existing rights. Lands validly concerning addition to or creation of selected by or conveyed to the State of [18X.LLAK941000 L14100000.ET0000; F– units of the National Park, National Alaska are not subject to the subsistence 16301, F–16302, AA–61299, F–16304, F– management provisions of Title VIII of 85667, AA–61005, F–86064] Forest, Wildlife Refuge, and Wild and Scenic Rivers Systems, and to allow for the ANILCA as they no longer meet the Public Land Order No. 7879; Partial classification of the lands. Any definition of public lands. The Sec. 810 Revocation of Public Land Orders No. additions to or creation of new units of analysis for the approved Fortymile 5173, 5178, 5179, 5180, 5184, 5186 and National Parks, National Forests, RMP found no significant restriction on 5187, Alaska Wildlife Refuges or Wild and Scenic subsistence uses due to this action. Rivers from the land withdrawn by PLO Order AGENCY: Bureau of Land Management, No. 5179 were accomplished by the Interior. Alaska National Interest Lands By virtue of the authority vested in ACTION: Public Land Order. Conservation Act (ANILCA). The the Secretary of the Interior by Section classification of the lands withdrawn by 204 of the Federal Land Policy and SUMMARY: This Order partially revokes PLO No. 5179 has been satisfied by the Management Act of 1976, 43 U.S.C. seven Public Land Orders (PLOs) insofar analysis conducted during the 1714, and Section 22(h)(4) of the as they affect 1,151,877.36 acres of development of the Fortymile RMP. ANCSA of 1971, 43 U.S.C. 1621(h)(4), it public lands reserved for study and PLO No. 5180, as amended, modified, or is ordered as follows: classification as appropriate by the corrected, withdrew lands to allow for 1. Subject to valid existing rights, Department of the Interior. The classification and for the protection of PLOs 5173 (37 FR 5575 (1972)); 5178 purposes for which these lands were the public interest in these lands. The (37 FR 5579 (1972)); 5179 (37 FR 5579 withdrawn no longer exist as described classification and protection of the (1972)); 5180 (37 FR 5583 (1972)); 5184 in the analysis and decisions made public interest in the lands withdrawn (37 FR 5588 (1972)); 5186 (37 FR 5589 through the Eastern Interior Fortymile by PLO No. 5180 has been satisfied by (1972)); and 5187 (37 FR 5591 (1972)), Resource Management Plan (RMP). the analysis conducted during the and any amendments, modifications, or DATES: This PLO takes effect on July 10, development of the Fortymile RMP. corrections to these orders, if any, are 2019. PLO No. 5184, as amended, modified, or hereby revoked insofar as they affect the FOR FURTHER INFORMATION CONTACT: corrected, withdrew lands to allow for following described Federal lands: David V. Mushovic, Bureau of Land classification or reclassification of some Copper River Meridian, Alaska Management Alaska State Office, 222 of areas withdrawn by Section 11 of the West Seventh Avenue, Mailstop #13, ANCSA. These purposes were satisfied T. 22 N, R. 5 E, Anchorage, AK 99513–7504, 907–271– by the analysis conducted during the U.S. Survey No. 4359. T. 24 N, R. 5 E, 4682, or [email protected]. People development of the Fortymile RMP. sec. 31. who use a telecommunications device PLO No. 5186, as amended, modified, or T. 22 N, R. 6 E, for the deaf (TDD) may call the Federal corrected, withdrew lands for Lot 2, U.S. Survey No. 4368. Relay Service (FRS) at 1–800–877–8339 classification and protection of the T. 27 N, R. 6 E, unsurveyed to contact the above individual during public interest in lands not selected by secs. 1, 2, 11, and 12.

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T. 28 N, R. 6 E, unsurveyed T. 28 N, R. 12 E, as corrected by Interim Conveyance Nos. secs. 35 and 36. sec. 36. 2403 and 2404, and Tetlin National T. 23 N, R. 7 E, Tps. 21, 22 and 23 N, R. 13 E, partly Wildlife Refuge; tract C, those lands within AKF–14852–B. unsurveyed. sec. 34, W1⁄2NW1⁄4NE1⁄4, W1⁄2SW1⁄4NE1⁄4, T. 27 N, R. 7 E, unsurveyed, T. 24 N, R. 13 E, unsurveyed, NW1⁄4, N1⁄2NE1⁄4SW1⁄4, and 1 1 1 sec. 2, W1⁄2; secs. 1 thru 4, excepting U.S. Survey Nos. N ⁄2NW ⁄4SW ⁄4. secs. 3 thru 10; 7617 and 7618; T. 14 N, R. 20 E, sec. 11, W1⁄2; secs. 12, 31, and 36. secs. 1, 2, 11, 12, and 13. T. 28 N, R. 7 E, unsurveyed T. 25 N, R. 13 E, partly unsurveyed, T. 25 N, R. 22 E, unsurveyed, secs. 31 thru 34. secs. 1 thru 36, excepting U.S. Survey Nos. secs. 1, 12, 13, 24, 25, and 36, those lands T. 15 N, R. 8 E, unsurveyed, 7337 and 11243. within Presidential Proclamation 810. tract C. T. 26 N, R. 13 E T. 26 N, R. 22 E, unsurveyed, T. 21 N, R. 8 E, T. 27 N, R. 13 E, partly unsurveyed. secs. 1, 12, 13, 24, 25, and 36, those lands tract B, that portion within AKF–14852–B T. 28 N, R. 13 E within Presidential Proclamation 810. and AKF–22481, excepting U.S. Survey T. 20 N, R. 14 E, partly unsurveyed. T. 27 N, R. 22 E, unsurveyed, No. 3620. T. 26 N, R. 14 E, partly unsurveyed, secs. 1, 12, 13, and 24, those lands within T. 20 N, R. 10 E, secs. 1 thru 23; Presidential Proclamation 810; secs. 14, 22, 27, and 34, excepting U.S. sec. 24, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, and W1⁄2, sec. 25, SE1⁄4SE1⁄4, those lands within Survey No. 7310; excepting, lots 3 thru 8, U.S. Survey No. Public Land Order No. 5645 as amended lots 5 and 6, U.S. Survey No. 5615A. 7609; by Public Land Order No. 7336; and T. 21 N, R. 10 E, secs. 25 thru 36; Presidential Proclamation 810. tract A, those lands within AKF–22556. lots 7 and 8, U.S. Survey No. 7609. sec. 36, those lands within Presidential T. 22 N, R. 10 E, unsurveyed. T. 27 N, R. 14 E, unsurveyed. Proclamation 810. T. 23 N, R. 10 E, unsurveyed, T. 28 N, R. 14 E, unsurveyed, T. 28 N, R. 22 E, unsurveyed, excepting U.S. Survey Nos. 11204 and secs. 31 thru 36. sec. 36, those lands within Presidential 13842. T. 17 N, 15 E, unsurveyed, Proclamation 810. T. 24 N, R. 10 E, partly unsurveyed. secs. 1 and 12. T. 10 N, R. 23 E, unsurveyed, T. 27 N, R. 10 E, partly unsurveyed, T. 18 N, R. 15 E, secs. 1, 12, 13, 24, 25, and 36, those lands tract B, excepting AKF–028269. within Presidential Proclamation 810. sec. 5, E1⁄2 and NW1⁄4; T. 20 N, R. 15 E, unsurveyed, lots 5 and 8, U.S. Survey No. 5291, those sec. 8, E1⁄2; secs. 1 thru 24 and secs. 27 thru 34. portions northerly and easterly of the sec. 17, E1⁄2; T. 21 N, R. 15 E, partly unsurveyed. centerline of the Alaska Highway. sec. 20, E1⁄2; T. 19 N, R. 16 E, sec. 28; T. 11 N, R. 23 E, unsurveyed, tract A. secs. 1, 12, 13, 24, 25, and 36, those lands sec. 29, E1⁄2; T. 20 N, R. 16 E, partly unsurveyed, within Presidential Proclamation 810. sec. 32, E1⁄2 and SW1⁄4; secs. 1 thru 4, secs. 9 thru 16, secs. 21 thru T. 12 N, R. 23 E, unsurveyed, sec. 33. 28, and secs. 33 thru 36. secs. 1, 12, 13, 24, 25, and 36, those lands T. 28 N, R. 10 E, partly unsurveyed, T. 21 N, R. 16 E, within Presidential Proclamation 810. sec. 31, NE1⁄4; secs. 1, 2, and 3, secs. 10 thru 15, secs. 22 T. 13 N, R. 23 E, unsurveyed, secs. 32 thru 35. thru 27, and secs. 34, 35 and 36. secs. 2, 11, 14, 23, 26, and 35, those lands T. 18 N, R. 11 E, T. 16 N, R. 17 E, within Presidential Proclamation 810. sec. 12, lot 5 and S1⁄2NE1⁄4; sec. 3, NW1⁄4NW1⁄4, excepting Tetlin T. 14 N, R. 23 E, unsurveyed, lots 5 and 8, U.S. Survey No. 2631. National Wildlife Refuge; secs. 2, 11, 14, 23, 26, and 35, those lands T. 19 N, R. 11 E, sec. 4, NE1⁄4NE1⁄4, excepting Tetlin within Presidential Proclamation 810. tract B, those lands within AKF–027784 National Wildlife Refuge. T. 15 N, R. 23 E, unsurveyed, and AKF–14943–A. T. 27 N, R. 18 E, secs. 2, 11, 14, 23, 26, and 35, those lands T. 20 N, R. 11 E, sec. 29, excepting AKF–79587, U.S. Survey within Presidential Proclamation 810. sec. 30, lot 1, those lands within AKF– Nos. 13799 and 14233, and M.S. Nos. T. 16 N, R. 23 E, unsurveyed, 87180 parcel B and AKF–14943–B. 2095 and 2178; secs. 2, 11, 14, 23, 26, and 35, those lands Tps. 22 thru 26 N, R. 11 E, partly M.S. No. 2429, those lands within AKF– within Presidential Proclamation 810. unsurveyed. 79587. T. 17 N, R. 23 E, unsurveyed, T. 27 N, R. 11 E, T. 15 N, R. 19 E, secs. 4, 9, 16, 21, 28, and 33, those lands secs. 13 thru 18, secs. 22 thru 27, and secs. sec. 14, W1⁄2NE1⁄4, W1⁄2, and W1⁄2SE1⁄4; within Presidential Proclamation 810. 31 thru 36; sec. 15, E1⁄2; T. 18 N, R. 23 E, unsurveyed, tract A. sec. 20, E1⁄2SE1⁄4; secs. 4, 9, 16, 21, 28, and 33, those lands T. 15 N, R. 12 E, sec. 21, S1⁄2NE1⁄4NE1⁄4, S1⁄2NW1⁄4NE1⁄4, within Presidential Proclamation 810. tract A. S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2; T. 19 N, R. 23 E, unsurveyed, T. 18 N, R. 12 E, sec. 22; secs. 4, 9, 16, 21, 28, and 33, those lands sec. 7, lots 2 and 3; sec. 23, S1⁄2NE1⁄4, W1⁄2, SE1⁄4; within Presidential Proclamation 810. 1 1 1 1 sec. 25, S ⁄2SW ⁄4 and SW ⁄4SE ⁄4; sec. 24, W1⁄2SW1⁄4; T. 20 N, R. 23 E, unsurveyed, 1 1 sec. 36, NW ⁄4NE ⁄4. sec. 25, NW1⁄4NW1⁄4; secs. 4, 9, 16, 21, 28, and 33, those lands T. 20 N, R. 12 E, sec. 26, NE1⁄4, N1⁄2NW1⁄4, SE1⁄4NW1⁄4; within Presidential Proclamation 810. secs. 1 and 2 and secs. 11 thru 16. sec. 27, N1⁄2NE1⁄4NE1⁄4, N1⁄2NW1⁄4NE1⁄4, T. 21 N, R. 23 E, unsurveyed, T. 21 N, R. 12 E, NE1⁄4NE1⁄4NW1⁄4, SW1⁄4, W1⁄2NW1⁄4SE1⁄4, secs. 6, 7, 18, 19, 30, and 31, those lands tract A. and W1⁄2SW1⁄4SE1⁄4; within Presidential Proclamation 810. T. 22 N, R. 12 E, partly unsurveyed, sec. 28, lot 4, excepting Interim T. 22 N, R. 23 E, unsurveyed, secs. 1 thru 36; Conveyance Nos. 364 and 365 as secs. 6, 7, 18, 19, 30, and 31, those lands U.S. Survey No. 14347. corrected by Interim Conveyance Nos. within Presidential Proclamation 810. T. 23 N, R. 12 E, partly unsurveyed. 2403 and 2404, and Tetlin National T. 23 N, R. 23 E, unsurveyed, T. 24 N, R. 12 E, partly unsurveyed, Wildlife Refuge; secs. 6, 7, 18, 19, 30, and 31, those lands secs. 6, 7, 18, 19, and secs. 34 thru 36. sec. 29, lot 10, excepting Interim within Presidential Proclamation 810. T. 25 N, R. 12 E, partly unsurveyed, Conveyance Nos. 364, 365, 964 and 965, T. 24 N, R. 23 E, unsurveyed, secs. 1 thru 36; as corrected by Interim Conveyance Nos. secs. 6, 7, 18, 19, 30, and 31, those lands U.S. Survey No. 14348. 2403 and 2404, and Tetlin National within Presidential Proclamation 810. T. 26 N, R. 12 E Wildlife Refuge; T. 27 N, R. 12 E, sec. 33, lot 11, excepting Interim Fairbanks Meridian, Alaska secs. 1 and secs. 11 thru 36. Conveyance Nos. 364, 365, 964, and 965, T. 2 N, R. 1 E,

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sec. 13, S1⁄2NE1⁄4, SE1⁄4NW1⁄4, and S1⁄2; sec. 6, lot 9, S1⁄2N1⁄2SE1⁄4SW1⁄4, sec. 4, W1⁄2 and SE1⁄4; sec. 14, NE1⁄4SE1⁄4 and S1⁄2SE1⁄4; S1⁄2SE1⁄4SW1⁄4, S1⁄2N1⁄2S1⁄2SE1⁄4, and sec. 9; 1 1 1 1 1 sec. 17, SE ⁄4NE ⁄4, SE ⁄4SW ⁄4, and SE ⁄4; S1⁄2S1⁄2SE1⁄4; sec. 10, W1⁄2 and SE1⁄4; 1 1 1 1 1 sec. 20, E ⁄2, E ⁄2NW ⁄4, E ⁄2SW ⁄4, and sec. 7, lots 1, 2, 3, NE1⁄4, E1⁄2NW1⁄4, sec. 14, W1⁄2 and SE1⁄4; 1 1 SW ⁄4SW ⁄4; NE1⁄4SW1⁄4, E1⁄2SE1⁄4SW1⁄4, secs. 15, 16, 21, 22 and 23; sec. 21, excepting AKF–024507and M.S. E1⁄2NW1⁄4SE1⁄4SW1⁄4, sec. 24, W1⁄2 and SE1⁄4; Nos. 1606, 1619, 1620, 1762, 1784, 1785, NE1⁄4SW1⁄4SE1⁄4SW1⁄4, N1⁄2SE1⁄4, secs. 25 thru 28 and secs. 33 thru 36. 1939, 1940, 1981; SW1⁄4SE1⁄4, NW1⁄4SE1⁄4SE1⁄4, T. 3 S, R. 19 E, partly unsurveyed, sec. 22, excepting M.S. Nos. 1619, 1620, N1⁄2SW1⁄4SE1⁄4SE1⁄4, and tract A. 1659, 1940, 1941, and 1981; SW1⁄4SW1⁄4SE1⁄4SE1⁄4; T. 4 S, R. 20 E, partly unsurveyed, sec. 23, excepting M.S. No. 1945; sec. 8, W1⁄2NW1⁄4, W1⁄2NE1⁄4NW1⁄4SW1⁄4, tract A. sec. 24, excepting M.S. Nos. 1945 and NW1⁄4NW1⁄4SW1⁄4, and T. 7 S, R. 22 E, unsurveyed, 2483; N1⁄2SW1⁄4NW1⁄4SW1⁄4; sec. 2; sec. 25; sec. 13; sec. 10, SE1⁄4; sec. 26, excepting M.S. No. 1975; sec. 14, E1⁄2SW1⁄4 and SE1⁄4; sec. 11; sec. 27, excepting M.S. Nos. 1601, 1749, sec. 18, W1⁄2NE1⁄4, W1⁄21⁄2NE1⁄4NE1⁄4, and secs. 22 and 27; 1762, 1766, 1792, 1925, and 1975; W1⁄2W1⁄2SE1⁄4NE1⁄4; sec. 28, E1⁄2; 1 1 1 1 sec. 28, N ⁄2NE ⁄4, N ⁄2NW ⁄4, and sec. 19; NE1⁄4, SE1⁄4NW1⁄4, NE1⁄4SW1⁄4, secs. 33 and 34. 1 1 SW ⁄4NW ⁄4, excepting M.S. Nos. 1606, N1⁄2SE1⁄4SW1⁄4, N1⁄2SE1⁄4, and T. 8 S, R. 22 E, partly unsurveyed, 1634, 1744, 1762, 1766, 1772, 1781, N1⁄2S1⁄2SE1⁄4, excepting U.S Survey No. sec. 5, E1⁄2. 1784, 1785, 1791, 1925; 9074; T. 7 S, R. 23 E, partly unsurveyed, 1 1 1 sec. 29, lot 7, N ⁄2, and NW ⁄4SW ⁄4; sec. 20, W1⁄2NE1⁄4, NW1⁄4, and secs. 3 thru 9, and secs. 17, 18, and 19; 1 1 1 1 sec. 30, SE ⁄4NE ⁄4 and NE ⁄4SE ⁄4; N1⁄2N1⁄2SW1⁄4; sec. 24, S1⁄2; 1 2 1 4 1 4 1 4 sec. 32, W ⁄ SE ⁄ , SE ⁄ SE ⁄ ; sec. 22, SE1⁄4SE1⁄4; secs. 30 and 31. 1 2 1 4 1 4 sec. 34, lots 1 and 2, N ⁄ NE ⁄ , NW ⁄ ; sec. 23, NE1⁄4, E1⁄2NW1⁄4, SW1⁄4, and T. 6 S, R. 24 E, partly unsurveyed, 1 1 1 1 sec. 35, E ⁄2NE ⁄4 and W ⁄2NW ⁄4; 1 1 NW ⁄4SE ⁄4; sec. 1; M.S. No. 2401. sec. 24, N1⁄2; sec. 2, S1⁄2; T. 2 N, R. 2 E, sec. 26, NW1⁄4NW1⁄4; sec. 3, SE1⁄4; sec. 7 and 18, excepting AKF–029454; sec. 27, E1⁄2; sec. 11, N1⁄2 and SE1⁄4; sec. 19, lots 1, 2, and 3, excepting AKF– sec. 33, lots 1 thru 11 and NE1⁄4NE1⁄4; sec. 12; 029454; sec. 34, lots 1 thru 11, E1⁄2, E1⁄2NW1⁄4, and sec. 13, N1⁄2NE1⁄4 and N1⁄2NW1⁄4; sec. 20, excepting AKF–029454. SW1⁄4SW1⁄4; sec. 24, SE1⁄4SE1⁄4; T. 3 N, R. 27 E, unsurveyed, secs. 35 and 36. sec. 25, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, and SE1⁄4; secs. 1 and 2, secs. 11 thru 14, and secs. T. 3 S, R. 3 E, partly unsurveyed, sec. 36. 24 and 25. secs. 1, 2, and 3; T. 7 S, R. 24 E, T. 4 N, R. 27 E, unsurveyed, 1 1 secs. 1, 2, secs. 11 thru 14, secs. 23 thru sec. 4, lots 1, 2, 3, 6 thru 12 and NE ⁄4SE ⁄4; sec. 1; sec. 9, lots 1 thru 6; sec 11, NE1⁄4 and S1⁄2; 26, and secs. 35 and 36, excepting the 1 1 1 1 1 Yukon-Charley Rivers National Preserve. sec. 10, N ⁄2, N ⁄2SW ⁄4, SE ⁄4SW ⁄4, and secs. 12, 13, and 14; SE1⁄4; sec. 15, SE1⁄4; T. 1 N, R. 28 E, partly unsurveyed, 1 1 secs. 27 and 28; secs. 11 thru 14, sec. 19, NE ⁄4 and S ⁄2; sec. 15, lots 1 thru 9; sec. 20; sec. 29, N1⁄2; secs. 23, 24, and 25; sec. 21, S1⁄2; sec. 30, NE1⁄4; sec. 26, E1⁄2, E1⁄2NW1⁄4, and E1⁄2SW1⁄4 secs. 22 thru 36. sec. 34, NE1⁄4. 1 1 T. 2 N, R. 28 E, partly unsurveyed, sec. 35, lots 1 thru 9, SE ⁄4NE ⁄4, and T. 8 S, R. 24 E, 1 1 secs. 1 thru 6 and secs. 11 and 12. E ⁄2SE ⁄4; secs. 1 thru 4, secs. 9 thru 16, secs. 21 thru T. 3 N, R. 28 E, unsurveyed, sec. 36. 28, and secs. 33 thru 36. secs. 5 thru 9, secs. 15 thru 22, and secs. T. 1 S, R. 4 E, partly unsurveyed, T. 5 S, R. 25 E, partly unsurveyed, 1 25 thru 36, excepting the Yukon-Charley sec. 9, lots 4 and 7; sec. 12, SE ⁄4; Rivers National Preserve. sec. 16, lot 2; sec. 13; T. 2 N, R. 29 E, partly unsurveyed, sec. 17, lot 4; sec. 14, SE1⁄4; secs. 5 thru 8, secs. 12 thru 18, and secs. sec. 21, lot 2. sec. 22, S1⁄2; 21 thru 26, excepting Yukon-Charley T. 2 S, R. 4 E, unsurveyed, sec. 23; Rivers National Preserve, and U.S. sec. 17, W1⁄2; sec. 24, N1⁄2, N1⁄2SW1⁄4, SW1⁄4SW1⁄4, and Survey No. 8005 sec. 18; NW1⁄4SE1⁄4; T. 3 N, R. 29 E, unsurveyed, sec. 19, N1⁄2; sec. 27, N1⁄2, SW1⁄4, and NW1⁄4SE1⁄4; secs. 30 and 31, excepting the Yukon- sec. 20, NW1⁄4. sec. 28, NE1⁄4 and S1⁄2; Charley Rivers National Preserve. T. 3 S, R. 4 E, unsurveyed, sec. 29, SE1⁄4; T. 2 N, R. 30 E, unsurveyed, secs. 6 and 7; sec. 31, S1⁄2; secs. 7, and 16 thru 27, excepting the sec. 8, S1⁄2; sec. 32; Yukon-Charley Rivers National Preserve. sec. 9, SW1⁄4; sec. 33, N1⁄2, SW1⁄4, and W1⁄2SE1⁄4. T. 2 N, R. 31 E, secs. 16, 17, and 18; T. 6 S, R. 25 E, partly unsurveyed, secs. 30, 31, and 32, excepting the Yukon- sec. 19, N1⁄2 and SW1⁄4; sec. 4, W1⁄2NW1⁄4; Charley Rivers National Preserve sec. 20, N1⁄2; secs. 5, 6, and 7; T. 1 N, R. 33 E, sec. 21, N1⁄2. sec. 8, N1⁄2NE1⁄4, N1⁄2NW1⁄4, SW1⁄4NW1⁄4, sec. 22, Lot 1; T. 6 S, R. 4 E, and W1⁄2SW1⁄4; sec. 27, Lot 1; sec. 2, lots 13, 14, 23, 28, 34, 39, 42, 43, sec. 10, SE1⁄4; sec. 34, Lot 1. 44, 48, 49, 50, 51, 52, 53, 56, 100, 101, sec. 11, S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2; T. 1 S., R. 1 E, and 159; secs. 12 thru 15; 1 1 sec. 24, S1⁄2NW1⁄4, NE1⁄4SW1⁄4, sec. 10, lots 10 and 12; sec. 16, SE ⁄4SE ⁄4; 1 1 N1⁄2NW1⁄4SW1⁄4, E1⁄2SW1⁄4NW1⁄4SW1⁄4, sec. 11, lots 13 thru 16. sec. 17, NW ⁄4NW ⁄4; 1 1 1 1 and SE1⁄4NW1⁄4SW1⁄4. T. 7 S, 5 E, partly unsurveyed, sec. 18, N ⁄2NE ⁄4 and N ⁄2NW ⁄4; T. 2 S, R. 2 E, partly unsurveyed, sec. 12, lots 7, 8, 10, and 11; sec. 19, S1⁄2SW1⁄4 and SE1⁄4; 1 1 1 1 sec. 12, E1⁄2NE1⁄4NE1⁄4 and E1⁄2SE1⁄4NE1⁄4. sec. 13, lots 11, 17, 18, 21, 22, and 32. sec. 20, W ⁄2SW ⁄4, SE ⁄4SW ⁄4, and T. 2 S, R. 3 E, partly unsurveyed, T. 7 S, R. 6 E, S1⁄2SE1⁄4; sec. 5, SW1⁄4SW1⁄4SW1⁄4 and sec. 7, lots 3 and 5. sec. 21, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, NE1⁄4SW1⁄4, S1⁄2SE1⁄4SW1⁄4SW1⁄4; T. 8 S, R. 18 E, S1⁄2SW1⁄4, and SE1⁄4;

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secs. 22 thru 36. T. 3 S, R. 29 E, partly unsurveyed. secs. 12, 13, and secs. 23 thru 26; T. 7 S, R. 25 E, T. 4 S, R. 29 E, partly unsurveyed, sec. 33, excepting PL 96–487 Fortymile secs. 1 thru 8, secs. 17 thru 20, secs. 22 secs. 1 thru 12; Wild and Scenic River; thru 27, and secs. 29, thru 36; sec. 20, N1⁄2, N1⁄2SW1⁄4, N1⁄2SE1⁄4, and sec. 36. tracts A and B. SE1⁄4SE1⁄4; T. 7 S, R. 32 E, partly unsurveyed, T. 8 S, R. 25 E secs. 21 and 22; sec. 2, N1⁄2. T. 5 S, R. 26 E, partly unsurveyed, sec. 25, N1⁄2, NE1⁄4SW1⁄4, and N1⁄2SE1⁄4; T. 1 S, R. 33 E, secs. 1 thru 5; sec. 26, N1⁄2; sec. 1, lot 1; sec. 6, SE1⁄4; sec. 27, N1⁄2NE1⁄4 and N1⁄2NW1⁄4; sec. 12, lot 1; secs. 7 thru 12; sec. 29, S1⁄2SW1⁄4 and SW1⁄4SE1⁄4; sec. 13, lot 1; sec. 15, N1⁄2 and NW1⁄4SW1⁄4; sec. 30, SW1⁄4, W1⁄2SE1⁄4, and SE1⁄4SE1⁄4; sec. 24, lot 1; sec. 16, N1⁄2, N1⁄2SW1⁄4, SE1⁄4SW1⁄4, and secs. 31 and 32; sec. 25, lot 1; N1⁄2SE1⁄4; sec. 33, S1⁄2NE1⁄4, W1⁄2, and SE1⁄4; sec. 36, lot 1. secs. 17 and 18; sec. 34, S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2; T. 2 S, R. 33 E, sec. 19, N1⁄2; sec. 35, S1⁄2NW1⁄4 and S1⁄2; sec. 1, lot 3; sec. 20, W1⁄2NW1⁄4; sec. 36, W1⁄2SW1⁄4, SE1⁄4SW1⁄4, and sec. 12, lot 7; sec. 24, S1⁄2SE1⁄4; S1⁄2SE1⁄4. sec. 13, lot 5; sec. 25, E1⁄2, E1⁄2NW1⁄4, and SW1⁄4; T. 5 S, R. 29 E, partly unsurveyed, sec. 24, lot 1; sec. 26, S1⁄2; secs. 1, 12, and 13; sec. 25, lot 1; sec. 27, S1⁄2SW1⁄4 and S1⁄2SE1⁄4; sec. 14, E1⁄2; sec. 36, lot 1. sec. 31, S1⁄2SW1⁄4, S1⁄2SE1⁄4; sec. 24, E1⁄2. T. 3 S, R. 33 E, sec. 32, S1⁄2NE1⁄4, S1⁄2SW1⁄4, and SE1⁄4; T. 1 S R., 30 E, unsurveyed, sec. 1, lots 1 and 4; secs. 33 thru 36. secs. 5 thru 8; sec. 12, lot 1; Tps. 6 and 7 S, R. 26 E. secs. 13 thru 29; sec. 13, lot 1; T. 4 S, R. 27 E, partly unsurveyed, sec. 30, N1⁄2; sec. 24, lot 1; sec. 20, W1⁄2; sec. 33, N1⁄2; sec. 25, lot 1; sec. 29, NW1⁄4; sec. 34, N1⁄2; sec. 36, lot 1. sec. 32, SW1⁄4. sec. 35, N1⁄2; T. 4 S, R. 33 E, T. 5 S, R. 27 E, unsurveyed, sec. 36, N/12. sec. 1, lot 1; sec. 2, W1⁄2 and SE1⁄4; T. 2 S R., 30 E, unsurveyed, sec. 12, lot 1; secs. 3 thru 8; sec. 25, W1⁄2 and SE1⁄4; sec. 13, lot 1; sec. 9, N1⁄2NE1⁄4 and N1⁄2NW1⁄4; sec. 26; sec. 24, lot 1; sec. 10, N1⁄2NE1⁄4 and N1⁄2NW1⁄4; sec. 27, NE1⁄4 and S1⁄2; sec. 25, lot 1; sec. 11, NE1⁄4, N1⁄2NW1⁄4, and N1⁄2SE1⁄4; sec. 31, S1⁄2; sec. 36, lot 1. sec. 12, W1⁄2; sec. 32; T. 5 S, R. 33 E, partly unsurveyed, sec. 19, S1⁄2SW1⁄4 and S1⁄2SE1⁄4; sec. 33, S1⁄2; secs. 1, 12, 13, 23 thru 27, and 33 thru 36. sec. 25, NE1⁄4NE1⁄4, S1⁄2NE1⁄4, S1⁄2NW1⁄4, secs. 34, 35, and 36. T. 6 S, R. 33 E, unsurveyed, 1 and S ⁄2; T. 3 S, R. 30 E, partly unsurveyed. sec. 26, NW1⁄4; sec. 26, S1⁄2NE1⁄4, S1⁄2NW1⁄4, and S1⁄2; T. 4 S, R. 30 E, partly unsurveyed, secs. 27 thru 34. sec. 27; sec. 1, N1⁄2, SW1⁄4, N1⁄2SE1⁄4, SW1⁄4SE1⁄4; T. 7 S, R. 33 E, unsurveyed, 1 1 1 1 sec. 28, NE ⁄4, S ⁄2NW ⁄4, and S ⁄2; secs. 2 and 11, 12, 13, 24, 25, 28, and 29; sec. 3, N1⁄2 and SW1⁄4; sec. 29, W1⁄2NE1⁄4, SE1⁄4NE1⁄4, W1⁄2, and sec. 30, N1⁄2, N1⁄2SW1⁄4, and N1⁄2SE1⁄4; secs. 4 and 5; 1 1 1 SE ⁄4; sec. 31, S ⁄2SW ⁄4; sec. 6, N1⁄2 and SE1⁄4; 1 1 secs. 30 thru 36. sec. 32, N ⁄2NE ⁄4; sec. 7, NE1⁄4; 1 1 1 1 1 T. 3 S, R. 28 E, partly unsurveyed, sec. 33, N ⁄2, N ⁄2SW ⁄4, and NW ⁄4SE ⁄4; sec. 8, N1⁄2; 1 secs. 1 thru 4, and secs. 9 thru 17; sec. 34, N ⁄2; sec. 9, N1⁄2 and SE1⁄4; 1 1 1 sec. 18, E ⁄2 and NW ⁄4; sec. 35, N ⁄2; sec. 10, NW1⁄4. sec 20, E1⁄2 and NW1⁄4; sec. 36, N1⁄2. T. 5 S, R. 34 E, unsurveyed, secs. 21 thru 28; T. 5 S, R. 30 E, partly unsurveyed, secs. 4, 9, 16, and 21, those lands within sec. 32, NE1⁄4NE1⁄4; sec. 3, W1⁄2NE1⁄4, W1⁄2, and SE1⁄4; Presidential Proclamation 810; sec. 33, E1⁄2 and NW1⁄4; secs. 4 thru 7, and secs. 18 and 19. secs. 28, 29, 31, 32, and 33. secs. 34, 35, and 36. T. 4 S, R. 31 E, partly unsurveyed, T. 6 S, R. 34 E, unsurveyed, T. 4 S, R. 28 E, partly unsurveyed, secs. 1 thru 5; sec. 4, N1⁄2; 1 1 1 1 secs. 1 and 2. sec. 6, E ⁄2, NW ⁄4, N ⁄2SW ⁄4, and sec. 5, N1⁄2 and SW1⁄4; T. 5 S, R. 28 E, SE1⁄4SW1⁄4; sec. 6; 1 1 1 sec. 30, W ⁄2 and S ⁄2SE ⁄4; secs. 8 thru 17; sec. 7, N1⁄2 and SW1⁄4; sec. 31; secs. 20, 21, 22, 27, 28, 33, and 34; sec. 18, NW1⁄4. sec. 32, N1⁄2 and SW1⁄4. tract A. T. 7 S, R. 34 E, unsurveyed, T. 6 S, R. 28 E, partly unsurveyed T. 5 S, R. 31 E, partly unsurveyed, sec. 32, SW1⁄4. 1 1 1 1 sec. 31, SE ⁄4NE ⁄4, NW ⁄4NW ⁄4, secs. 1 and 2; The areas described aggregate 1,151,877.36 1 1 1 1 1 1 1 1 SE ⁄4SW ⁄4, and SE ⁄4; sec. 3, NE ⁄4, NE ⁄4NW ⁄4, S ⁄2NW ⁄4, and acres. sec. 32, E1⁄2, E1⁄2NW1⁄4, SW1⁄4NW1⁄4, and S1⁄2; SW1⁄4; sec. 4, SE1⁄4NE1⁄4 and S1⁄2; 2. The lands subject to revocation in sec. 33. sec. 5, S1⁄2SW1⁄4 and SE1⁄4; this order will not be subject to T. 7 S, R. 28 E, partly unsurveyed, secs. 8 and 9. additional withdrawal by PLO 5418. secs. 4 and 5; T. 7 S, R. 31 E, unsurveyed, 3. At 8 a.m. AKST on August 9, 2019, sec. 6, E1⁄2, E1⁄2NW1⁄4, SW1⁄4NW1⁄4, and sec. 1; the lands described in Paragraph 1 shall SW1⁄4; sec. 2, E1⁄2; be open to all forms of appropriation secs. 7, 8, and 9; sec. 12, NE1⁄4. under the public land laws, including secs. 14 thru 23 and secs. 26 thru 30; T. 3 S, R. 32 E, location and entry under the mining sec. 31, lot 1; secs. 20 and 21, 28, and 29; secs. 32 thru 35. sec. 33, lots 1 and 2; laws, leasing under the Mineral Leasing T. 1 S, R. 29 E, partly unsurveyed, sec. 34. Act of February 25, 1920, as amended, sec. 24, NE1⁄4. T. 5 S, R. 32 E, partly unsurveyed, subject to valid existing rights, the T. 2 S, R. 29 E, unsurveyed, sec. 36, S1⁄2NE1⁄4, S1⁄2NW1⁄4, S1⁄2. provisions of existing withdrawals, sec. 36, S1⁄2. T. 6 S, R. 32 E, partly unsurveyed, other segregations of record, and the

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requirements of applicable law. All day, 7 days a week, to leave a message before a United States Magistrate and valid applications received at or prior to or question with the above individual. fined in accordance with 18 U.S. C. 8 a.m. AKDST on August 9, 2019, shall You will receive a reply during normal 3571, imprisoned no more than 12 be considered as simultaneously filed at hours. months under 43 U.S.C. 1733(a) and 43 that time. Those received thereafter SUPPLEMENTARY INFORMATION: The BLM CFR 8360.07, or both. In accordance shall be considered in the order of will temporarily restrict motorized with 43 CFR 8365.17, State or local filing. Appropriation of any of the lands vehicle use on BLM-administered lands officials may also impose penalties for referenced in this order under the to existing routes on approximately violations of State law. general mining laws prior to the date 3,081 acres in the Sand Wash Open Off- (Authority: 43 CFR 8364.1) and time of revocation is unauthorized. Highway Vehicle Area affected by the Any such attempted appropriation, 2018 Boone Draw Fire. This action is Jamie E. Connell, including attempted adverse possession necessary to allow reseeding and BLM Colorado State Director. under 30 U.S.C. 38, shall vest no rights revegetation efforts to take hold in the [FR Doc. 2019–14716 Filed 7–9–19; 8:45 am] against the United States. State law area, prevent erosion, and protect public BILLING CODE 4310–JB–P governs acts required to establish a health and safety. location and to initiate a right of This temporary restriction affects possession where not in conflict with public lands north of Colorado State DEPARTMENT OF JUSTICE Federal law. The BLM will not Route 318; west of the Sand Wash Herd intervene in disputes between rival Management Area; and south of the Antitrust Division locators over possessory rights since intersection at Moffat County Roads 46 Notice Pursuant to the National Congress has provided for such and 48 in Moffat County, Colorado. The Cooperative Research and Production determinations in local courts. legal description of the affected public Act of 1993—Cooperative Research Dated: June 26, 2019. lands is: Group on Hedge IV Joseph R. Balash, Colorado, Sixth Principal Meridian Notice is hereby given that, on April Assistant Secretary for Land and Minerals Management. T. 8 N, R. 99 W, Sections 3–5, 7–10. 25, 2019, pursuant to Section 6(a) of the National Cooperative Research and [FR Doc. 2019–14709 Filed 7–9–19; 8:45 am] The area to be temporarily restricted Production Act of 1993, 15 U.S.C. 4301 BILLING CODE 4310–JA–P is a designated open area for OHV use. With the loss of vegetative cover et seq. (‘‘the Act’’), Southwest Research following the Boone Draw Fire, there is Institute—Cooperative Research Group DEPARTMENT OF THE INTERIOR high risk of severe erosion in the area. on HEDGE IV (‘‘HEDGE IV’’) has filed Unrestricted motorized use may hinder written notifications simultaneously Bureau of Land Management rehabilitation efforts and accelerate with the Attorney General and the Federal Trade Commission disclosing [LLCON01000.L1020000.JB0000.19X] erosion problems. The BLM will post temporary restriction signs at the main changes in its membership. The notifications were filed for the purpose Notice of Temporary Travel Restriction entry points to this area and the of extending the Act’s provisions on Public Lands in Moffat County, temporary restriction order will be limiting the recovery of antitrust Colorado posted at the BLM Little Snake Field plaintiffs to actual damages under Office, see the ADDRESSES section AGENCY: specified circumstances. Specifically, Bureau of Land Management, earlier. Interior. This temporary restriction is Honeywell International, Inc., Plymouth, MI, has changed its name to ACTION: Notice of temporary travel categorically excluded from further Garrett Automotive Co. restriction. documentation under the National No other changes have been made in Environmental Policy Act in accordance SUMMARY: Notice is hereby given that a either the membership or planned temporary restriction of activities is in with 516 DM2, Appendix 3, 1.13. Under activity of the group research project. effect on public lands administered by the authority of Section 303(a) of the Membership in this group research the Little Snake Field Office, Bureau of Federal Land Policy and Management project remains open, and HEDGE IV Land Management (BLM). Act of 1976 (43 U.S. C. 1733(a)), 43 CFR intends to file additional written 8360.0–7, and 43 CFR 8364.1, the BLM DATES: The temporary restriction takes notifications disclosing all changes in will enforce the following temporary membership. effect on August 9, 2019 and lasts until restriction within the portion of the July 12, 2021. On February 14, 2017, HEDGE IV, Sand Wash Open Area affected by the filed its original notification pursuant to ADDRESSES: Copies of this temporary Boone Draw Fire: Section 6(a) of the Act. The Department closure, maps and associated documents All motorized use within the are available at the BLM Little Snake of Justice published a notice in the temporary restricted area will be limited Federal Register pursuant to Section Field Office, 455 Emerson Street, Craig, to existing routes. Cross country Colorado 81625. 6(b) of the Act on March 27, 2017 (82 motorized travel is prohibited until this FR 15238). FOR FURTHER INFORMATION CONTACT: temporary restriction is lifted. The last notification was filed with Bruce Sillitoe, Field Manager, BLM Exemptions: The following persons the Department on March 11, 2019. A Little Snake Field Office, at the are exempt from this order: Federal, notice was published in the Federal ADDRESSES section above. Phone: (970) State, and local officers and employees Register pursuant to section 6(b) of the 826–5000, Email: [email protected]. in the performance of their official Act on April 4, 2019 (84 FR 13317). Persons who use a telecommunications duties; members of organized rescue or device for the deaf (TDD) may call the firefighting forces in the performance of Suzanne Morris, Federal Relay Service (FRS) at 1–800– the official duties; and persons with Chief, Premerger and Division Statistics Unit, 877–8339 to contact the above written authorization from the BLM. Antitrust Division. individual during normal business Penalties: Any person who violates [FR Doc. 2019–14662 Filed 7–9–19; 8:45 am] hours. The FRS is available 24 hours a this temporary restriction may be tried BILLING CODE 4410–11–P

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DEPARTMENT OF JUSTICE Columbia in United States of America v. I. NATURE OF THE ACTION Harris Corporation and L3 Antitrust Division 1. Pursuant to an agreement and plan Technologies, Inc., Civil Action No. of merger dated October 12, 2018, Harris 1:19–cv–01809. On June 20, 2019, the Notice Pursuant to the National and L3 propose to merge in a United States filed a Complaint alleging transaction that would create the sixth- Cooperative Research and Production that the proposed merger of Harris Act of 1993—Heterogeneous System largest defense contractor in the United Corporation (‘‘Harris’’) and L3 Architecture Foundation States. Technologies, Inc. would violate 2. Harris and L3 are the only suppliers Notice is hereby given that, on June Section 7 of the Clayton Act, 15 U.S.C. of image intensifier tubes for use by the 18, 2019, pursuant to Section 6(a) of the 18. The proposed Final Judgment, filed United States military. Image intensifier National Cooperative Research and at the same time as the Complaint, tubes are the key component in night Production Act of 1993, 15 U.S.C. 4301 requires the Defendants to divest vision devices such as goggles and et seq. (‘‘the Act’’), Heterogeneous Harris’s night vision business. weapon sights, which are purchased by System Architecture Foundation (‘‘HSA Copies of the Complaint, proposed the U.S. Department of Defense Foundation’’) has filed written Final Judgment, and Competitive Impact (‘‘DoD’’). Night vision devices amplify notifications simultaneously with the Statement are available for inspection visible light and allow soldiers and Attorney General and the Federal Trade on the Antitrust Division’s website at aircrews to see their surroundings in Commission disclosing changes in its http://www.justice.gov/atr and at the dark conditions. The proposed merger membership. The notifications were Office of the Clerk of the United States would eliminate competition between filed for the purpose of extending the District Court for the District of Harris and L3 and create a monopoly for Act’s provisions limiting the recovery of Columbia. Copies of these materials may image intensifier tubes for night vision antitrust plaintiffs to actual damages be obtained from the Antitrust Division devices purchased by DoD (hereinafter under specified circumstances. upon request and payment of the ‘‘U.S. military-grade image intensifier Specifically, Huawei Technologies Co., copying fee set by Department of Justice tubes’’). Ltd., San Diego, CA, has withdrawn as regulations. 3. As a result, the proposed a party to this venture. transaction likely would substantially No other changes have been made in Public comment is invited within 60 lessen competition in the market for the either the membership or planned days of the date of this notice. Such design, development, manufacture, sale, activity of the group research project. comments, including the name of the service, and distribution of U.S. Membership in this group research submitter, and responses thereto, will be military-grade image intensifier tubes in project remains open, and HSA posted on the Antitrust Division’s the United States in violation of Section Foundation intends to file additional website, filed with the Court, and, under 7 of the Clayton Act, 15 U.S.C. § 18. written notifications disclosing all certain circumstances, published in the changes in membership. Federal Register. Comments should be II. THE DEFENDANTS On August 31, 2012, HSA Foundation directed to Maribeth Petrizzi, Chief, 4. Harris is incorporated in Delaware filed its original notification pursuant to Defense, Industrials, and Aerospace and has its headquarters in Melbourne, Section 6(a) of the Act. The Department Section, Antitrust Division, Department Florida. Harris provides night vision of Justice published a notice in the of Justice, 450 Fifth Street NW, Suite devices and image intensifier tubes, Federal Register pursuant to Section 8700, Washington, DC 20530 tactical communications solutions, 6(b) of the Act on October 11, 2012 (77 (telephone: 202–307–0924). electronic warfare solutions, and space FR 61786). The last notification was filed with Patricia A. Brink, and intelligence systems. In 2018, Harris had sales of approximately $6.2 billion. the Department on April 29, 2019. A Director of Civil Enforcement. notice was published in the Federal 5. L3 is incorporated in Delaware and Register pursuant to Section 6(b) of the United States District Court for the is headquartered in New York, New Act on May 17, 2019 (84 FR 22520). District of Columbia York. L3 provides night vision devices and image intensifier tubes; intelligence, Suzanne Morris, UNITED STATES OF AMERICA, U.S. surveillance, and reconnaissance Department of Justice, Antitrust Division, 450 Chief, Premerger and Division Statistics Unit, systems; aircraft sustainment, Fifth Street NW, Suite 8700, Washington, Antitrust Division. simulation, and training; and security D.C. 20530, Plaintiff, v. HARRIS [FR Doc. 2019–14661 Filed 7–9–19; 8:45 am] and detection systems. In 2018, L3 had CORPORATION, 1025 West NASA BILLING CODE 4410–11–P sales of approximately $10.2 billion. Boulevard, Melbourne, FL 32919, and, L3 TECHNOLOGIES, INC., 600 Third Avenue, III. JURISDICTION AND VENUE New York, NY 10016, Defendants. DEPARTMENT OF JUSTICE 6. The United States brings this action Civil Action No.: 1:19–cv–01809 under Section 15 of the Clayton Act, 15 Antitrust Division Judge: Hon. Thomas F. Hogan U.S.C. § 25, as amended, to prevent and United States v. Harris Corporation COMPLAINT restrain Defendants from violating and L3 Technologies, Inc.; Proposed Section 7 of the Clayton Act, 15 U.S.C. The United States of America Final Judgment and Competitive § 18. (‘‘United States’’), acting under the Impact Statement 7. Defendants design, develop, direction of the Attorney General of the manufacture, sell, service, and Notice is hereby given pursuant to the United States, brings this civil antitrust distribute U.S. military-grade image Antitrust Procedures and Penalties Act, action against Defendants Harris intensifier tubes. Defendants’ activities 15 U.S.C. 16(b)–(h), that a proposed Corporation (‘‘Harris’’) and L3 in the design, development, Final Judgment, Stipulation, and Technologies, Inc. (‘‘L3’’) to enjoin the manufacture, sale, service, and Competitive Impact Statement have proposed merger of Harris and L3. The distribution of these products been filed with the United States United States complains and alleges as substantially affects interstate District Court for the District of follows: commerce. This Court has subject

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matter jurisdiction over this action digital light amplification systems are C. Anticompetitive Effects of the pursuant to Section 15 of the Clayton not substitutes for U.S. military-grade Proposed Transaction Act, 15 U.S.C. § 25, and 28 U.S.C. image intensifier tubes. Thermal 17. Harris and L3 are currently the §§ 1331, 1337(a), and 1345. imaging devices, such as only firms that develop, manufacture, 8. Defendants have consented to microbolometers and infrared focal and sell U.S. military-grade image venue and personal jurisdiction in this plane arrays, detect infrared radiation intensifier tubes. The merger would judicial district. Venue is therefore emitted by warm objects rather than therefore give the combined firm a proper in this district under Section 12 amplifying visible light. Thermal monopoly in this product market, of the Clayton Act, 15 U.S.C. § 22, and imaging devices also differ from image leaving DoD without a competitive under 28 U.S.C. § 1391(c). intensifier tubes in range and sensitivity alternative for this critical component of to environmental factors such as IV. U.S. MILITARY-GRADE IMAGE night vision devices. humidity and dust. Night vision INTENSIFIER TUBES 18. Harris and L3 compete for sales of equipment incorporating thermal U.S. military-grade image intensifier A. Background imaging devices tends to be larger, tubes on the basis of quality, price, and heavier, and substantially more 9. Image intensifier tubes amplify contractual terms such as delivery expensive than similar equipment visible light and are integrated into times. This competition has resulted in incorporating image intensifier tubes. night vision devices produced by Harris, higher quality, lower prices, and shorter Although some night vision devices L3, and other companies. Night vision delivery times, and has fostered incorporate both image intensifier tubes devices allow the user to see in dark innovation, leading to U.S. military- and thermal imaging devices to combine conditions, increasing the situational grade image intensifier tubes with awareness, threat detection, and mission the benefits of the two and create a ‘‘fused’’ image, thermal imaging devices higher sensitivity and resolution. The performance of soldiers and aircrews combination of Harris and L3 would operating in low-light environments. cannot replicate the performance of image intensifier tubes or replace them eliminate this competition and its future Night vision devices come in the form benefits to DoD customers. Post- of goggles, binoculars, and monoculars in night vision devices. 13. Digital light amplification systems transaction, the merged firm likely and can be handheld or mounted to based on charge-coupled device would have the incentive and ability to objects like helmets or weapons. There (‘‘CCD’’) or complementary metal oxide reduce research and development efforts are over half a million such devices in semiconductor (‘‘CMOS’’) detectors are that lead to innovative and high-quality use today, and DoD expects to purchase also not adequate substitutes for U.S. products and to increase prices and at least one hundred thousand military-grade image intensifier tubes. offer less favorable contractual terms. additional devices over the next few CCD- and CMOS-based devices tend to 19. The proposed merger, therefore, years. be heavier, consume more power, and likely would substantially lessen 10. DoD also purchases significant cost significantly more than devices competition in the design, development, quantities of image intensifier tubes as incorporating image intensifier tubes. manufacture, sale, service, and replacement parts for night vision Moreover, because such devices are distribution of U.S. military-grade image devices currently in the field. In digital, and therefore require a certain intensifier tubes in the United States in addition, as L3 and Harris innovate and amount of signal processing, the images violation of Section 7 of the Clayton develop improved image intensifier produced also tend to lag behind the Act, 15 U.S.C. § 18. tubes with greater resolution and light actual scene being viewed, potentially amplification, DoD purchases these D. Difficulty of Entry creating disorientation in the user. more advanced image intensifier tubes 14. For the foregoing reasons, DoD 20. Sufficient, timely entry of to upgrade existing night vision devices. will not substitute less-capable image additional competitors into the market DoD is likely to purchase half a million intensifier tubes, thermal imaging for U.S. military-grade image intensifier image intensifier tubes for replacements devices, or CCD- or CMOS-based digital tubes is unlikely. Production facilities or upgrades over the next few years. light amplification systems for U.S. for U.S. military-grade image intensifier B. Relevant Markets military-grade image intensifier tubes in tubes require a substantial investment in response to a small but significant and both capital equipment and human 1. Product Market non-transitory increase in the price of resources. A new entrant would need to 11. The quality and usefulness of an U.S. military-grade image intensifier set up a foundry to produce electronic image intensifier tube is defined by tubes. Accordingly, U.S. military-grade components, establish production lines several characteristics, the most image intensifier tubes are a relevant capable of manufacturing fiber optic important of which are size, weight, product market and line of commerce subcomponents, and build assembly power consumption, and especially under Section 7 of the Clayton Act, 15 lines and testing facilities. Engineering sensitivity, which relates to the ability U.S.C. § 18. and research personnel would need to of the tube to amplify low levels of be assigned to develop, test, and visible light without producing 2. Geographic Market troubleshoot the detailed manufacturing excessive distortion in the resulting 15. For national security reasons, DoD process, involving hundreds of steps, image. DoD requires highly capable only considers domestic producers of that is necessary to produce U.S. image intensifier tubes, as the lives of U.S. military-grade image intensifier military-grade image intensifier tubes. soldiers and aircrews depend on the tubes. DoD is unlikely to turn to any Any new products would require performance of the night vision devices foreign producers in the face of a small extensive testing and qualification incorporating these tubes. Less capable but significant and non-transitory price before they could be used in night image intensifier tubes are therefore not increase by domestic producers of U.S. vision devices for the U.S. military. As a substitute for the highly capable image military-grade image intensifier tubes. a result, entry would be costly and time- intensifier tubes that DoD views as U.S. 16. The United States is a relevant consuming. military grade. geographic market within the meaning 21. Moreover, a new entrant is 12. Other night vision technologies of Section 7 of the Clayton Act, 15 unlikely to recover these costs. such as thermal imaging devices and U.S.C. § 18. Although CMOS-based night vision

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devices currently are not suitable for (d) award the United States such other constituting any evidence against or DoD uses and thus are not reasonable and further relief as the Court deems admission by any party regarding any substitutes for night vision devices just and proper. issue of fact or law; based on U.S. military-grade image Dated: June 20, 2019 AND WHEREAS, Defendants agree to be bound by the provisions of this Final intensifier tubes, research and Respectfully submitted, development on these devices is Judgment pending its approval by the FOR PLAINTIFF UNITED STATES: progressing. Industry observers expect Court; lllllllllllllllllllll these devices to begin replacing night AND WHEREAS, the essence of this vision devices based on U.S. military- Makan Delrahim, Final Judgment is the prompt and grade image intensifier tubes at some (D.C. Bar #457795), certain divestiture of certain rights or point in the next five to ten years. Assistant Attorney General, assets by Defendants to assure that Antitrust Division. Because the market for U.S. military- competition is not substantially grade image intensifier tubes will likely lllllllllllllllllllll lessened; decline as this transition takes place, an Andrew C. Finch, AND WHEREAS, the United States entrant is unlikely to produce sufficient (D.C. Bar #494992), requires, and Defendants agree, to make revenue to recover its costs of entry. The Principal Deputy Assistant Attorney General, a certain divestiture for the purpose of prospect of a declining market for U.S. Antitrust Division. remedying the loss of competition military-grade image intensifier tubes lllllllllllllllllllll alleged in the Complaint; thus would discourage new companies Bernard A. Nigro, Jr., AND WHEREAS, Defendants have from entering. (D.C. Bar #412357), represented to the United States that the 22. As a result of these barriers, entry Deputy Assistant Attorney General, divestiture required below can and will into the market for U.S. military-grade Antitrust Division. be made and that Defendants will not image intensifier tubes would not be lllllllllllllllllllll later raise any claim of hardship or timely, likely, or sufficient to defeat the Patricia A. Brink, difficulty as grounds for asking the anticompetitive effects likely to result Director of Civil Enforcement, Court to modify any of the divestiture from the merger of Harris and L3. Antitrust Division. provisions contained below; lllllllllllllllllllll NOW THEREFORE, before any V. VIOLATIONS ALLEGED Maribeth Petrizzi, testimony is taken, without trial or 23. The merger of Harris and L3 likely (D.C. Bar #435204), adjudication of any issue of fact or law, would lessen competition substantially Chief, and upon consent of the parties, it is in the design, development, Defense, Industrials, and Aerospace Section, ORDERED, ADJUDGED, AND manufacture, sale, service, and Antitrust Division. DECREED: distribution of U.S. military-grade image lllllllllllllllllllll I. JURISDICTION intensifier tubes in the United States in David E. Altschuler, The Court has jurisdiction over the violation of Section 7 of the Clayton (D.C. Bar #983023), Act, 15 U.S.C. § 18. subject matter of and each of the parties Assistant Chief, to this action. The Complaint states a 24. Unless enjoined, the merger likely Defense, Industrials, and Aerospace Section, would have the following Antitrust Division. claim upon which relief may be granted anticompetitive effects, among others, lllllllllllllllllllll against Defendants under Section 7 of related to U.S. military-grade image the Clayton Act, as amended (15 U.S.C. Kevin Quin *, § 18). intensifier tubes: (D.C. Bar #415268), (a) actual and potential competition Gabriella Moskowitz, II. DEFINITIONS between Harris and L3 would be (D.C. Bar #1044309), eliminated; As used in this Final Judgment: Thomas P. Dematteo, A. ‘‘Acquirer’’ means the entity to (b) competition likely would be Defense, Industrials, and Aerospace Section, substantially lessened; and which Defendants divest the Divestiture Antitrust Division, 450 Fifth Street NW, Suite Assets. (c) prices likely would increase, 8700, Washington, D.C. 20530, Telephone: innovation would decrease, and (202) 307-0922, Facsimile: (202) 514-9033, B. ‘‘Harris’’ means Defendant Harris contractual terms likely would be less Email: [email protected]. Corporation, a Delaware corporation favorable to customers. * LEAD ATTORNEY TO BE NOTICED with its headquarters in Melbourne, Florida, its successors and assigns, and VI. REQUEST FOR RELIEF United States District Court for the its subsidiaries, divisions, groups, 25. The United States requests that District of Columbia affiliates, partnerships, and joint this Court: UNITED STATES OF AMERICA, Plaintiff, v. ventures, and their directors, officers, (a) adjudge and decree that Harris’s HARRIS CORPORATION, and L3 managers, agents, and employees. merger with L3 would be unlawful and TECHNOLOGIES, INC., Defendants. C. ‘‘L3’’ means Defendant L3 violate Section 7 of the Clayton Act, 15 Civil Action No.: 1:19–cv–01809 Technologies, Inc., a Delaware U.S.C. § 18; Judge: Hon. Thomas F. Hogan corporation with its headquarters in (b) preliminarily and permanently New York, New York, its successors and enjoin and restrain Defendants and all PROPOSED FINAL JUDGMENT assigns, and its subsidiaries, divisions, persons acting on their behalf from WHEREAS, Plaintiff, United States of groups, affiliates, partnerships, and joint consummating the proposed merger of America, filed its Complaint on June 20, ventures, and their directors, officers, L3 and Harris, or from entering into or 2019, the United States and Defendants, managers, agents, and employees. carrying out any other contract, Harris Corporation (‘‘Harris’’) and L3 D. ‘‘Night Vision Business’’ means agreement, plan, or understanding, the Technologies, Inc. (‘‘L3’’), by their Harris’s business in the design, effect of which would be to combine respective attorneys, have consented to development, manufacture, sale, Harris with L3; the entry of this Final Judgment without service, and distribution of image (c) award the United States its costs trial or adjudication of any issue of fact intensifier technology and night vision for this action; and or law and without this Final Judgment devices.

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E. ‘‘Divestiture Assets’’ means the B. If, prior to complying with Section the physical facilities of the Night Night Vision Business, including: IV and Section V of this Final Judgment, Vision Business; access to any and all 1. the facilities located at 7625, 7635, Defendants sell or otherwise dispose of environmental, zoning, and other permit and 7645 Plantation Road, Roanoke, all or substantially all of their assets or documents and information; and access Virginia; 7767 Lila Drive, Roanoke, of lesser business units that include the to any and all financial, operational, or Virginia; and 7671 Enon Drive, Divestiture Assets, Defendants shall other documents and information Roanoke, Virginia; require the purchaser to be bound by the customarily provided as part of a due 2. all tangible assets, including but provisions of this Final Judgment. diligence process. not limited to: research and Defendants need not obtain such an E. Defendants shall warrant to the development activities; all agreement from the Acquirer of the Acquirer that each asset will be manufacturing equipment, tooling and assets divested pursuant to this Final operational on the date of sale. fixed assets, personal property, Judgment. F. Defendants shall not take any inventory, office furniture, materials, IV. DIVESTITURE action that will impede in any way the supplies, and other tangible property; permitting, operation, or divestiture of all licenses, permits, certifications, and A. Defendants are ordered and the Divestiture Assets. directed, within the later of forty-five authorizations issued by any G. At the option of the Acquirer, (45) calendar days after the entry of the governmental organization for the Night Defendants shall enter into a transition Hold Separate Stipulation and Order by Vision Business; all contracts, teaming services agreement for back office, the Court or fifteen (15) calendar days arrangements, agreements, leases, human resource, and information after Regulatory Approvals have been commitments, certifications, and technology services and support for the received, to divest the Divestiture Assets understandings, including supply Night Vision Business for a period of up in a manner consistent with this Final agreements; all customer lists, contracts, to twelve (12) months. The United Judgment to an Acquirer acceptable to accounts, and credit records; all repair States, in its sole discretion, may the United States, in its sole discretion. and performance records; and all other The United States, in its sole discretion, approve one or more extensions of this records of the Night Vision Business; may agree to one or more extensions of agreement for a total of up to an and this time period not to exceed sixty (60) additional six (6) months. If the 3. all intangible assets, including but calendar days in total, and shall notify Acquirer seeks an extension of the term not limited to: all patents; licenses and the Court in such circumstances. of this transition services agreement, sublicenses; intellectual property; Defendants agree to use their best efforts Defendants shall notify the United copyrights; trademarks; trade names; to divest the Divestiture Assets as States in writing at least three (3) service marks; service names; technical expeditiously as possible. months prior to the date the transition information; computer software and B. In accomplishing the divestiture services contract expires. The terms and related documentation; know-how; ordered by this Final Judgment, conditions of any contractual trade secrets; drawings; blueprints; Defendants promptly shall make known, arrangement meant to satisfy this designs; design protocols; specifications by usual and customary means, the provision must be reasonably related to for materials; specifications for parts availability of the Divestiture Assets. market value of the expertise of the and devices; safety procedures for the Defendants shall inform any person personnel providing any needed handling of materials and substances; making an inquiry regarding a possible assistance. The employee(s) of quality assurance and control purchase of the Divestiture Assets that Defendants tasked with providing these procedures; design tools and simulation they are being divested pursuant to this transition services shall not share any capability; all manuals and technical Final Judgment and provide that person competitively sensitive information of information Defendants provide to their with a copy of this Final Judgment. the Acquirer with any other employee of own employees, customers, suppliers, Defendants shall offer to furnish to all Defendants. agents, or licensees; and all research prospective Acquirers, subject to H. At the option of the Acquirer, data concerning historic and current customary confidentiality assurances, Defendants shall enter into a contract research and development efforts, all information and documents relating for wafer sawing and sensor packaging including but not limited to designs of to the Divestiture Assets customarily services. Such an agreement shall be for experiments and the results of provided in a due diligence process, a period of up to twelve (12) months. successful and unsuccessful designs and except information or documents The United States, in its sole discretion, experiments. subject to the attorney-client privilege or may approve one or more extensions of F. ‘‘Regulatory Approvals’’ means any work-product doctrine. Defendants shall this agreement for a total of up to an approvals or clearances pursuant to make available such information to the additional six (6) months. If the filings with the Committee on Foreign United States at the same time that such Acquirer seeks an extension of the term Investment in the United States information is made available to any of this agreement, Defendants shall so (‘‘CFIUS’’), or under antitrust, other person. notify the United States in writing at competition, or other U.S. or C. Defendants shall provide the least three (3) months prior to the date international laws required for Acquirer and the United States all the contract expires. The terms and Acquirer’s acquisition of the Divestiture information relating to all personnel in conditions of any contractual Assets to proceed. the Night Vision Business to enable the arrangement meant to satisfy this Acquirer to make offers of employment. provision must be reasonably related to III. APPLICABILITY Defendants will not interfere in any way the market value of the expertise of the A. This Final Judgment applies to with any negotiations or effort by the personnel providing any needed Harris and L3, as defined above, and all Acquirer to hire any Defendant assistance. The employee(s) of other persons in active concert or employee in the Night Vision Business. Defendants tasked with providing these participation with any of them who D. Defendants shall permit services shall not share any receive actual notice of this Final prospective Acquirers of the Divestiture competitively sensitive information of Judgment by personal service or Assets to have reasonable access to the Acquirer with any other employee of otherwise. personnel and to make inspections of Defendants.

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I. Defendants shall warrant to the and approved by the Court to effect the timeliness of the divestiture is Acquirer (1) that there are no material divestiture of the Divestiture Assets. paramount. If the Divestiture Trustee defects in the environmental, zoning, or B. After the appointment of a and Defendants are unable to reach other permits pertaining to the Divestiture Trustee becomes effective, agreement on the Divestiture Trustee’s operation of the Divestiture Assets, and only the Divestiture Trustee shall have or any agents’ or consultants’ (2) that following the sale of the the right to sell the Divestiture Assets. compensation or other terms and Divestiture Assets, Defendants will not The Divestiture Trustee shall have the conditions of engagement within undertake, directly or indirectly, any power and authority to accomplish the fourteen (14) calendar days of the challenges to the environmental, zoning, divestiture to an Acquirer acceptable to appointment of the Divestiture Trustee, or other permits relating to the the United States, in its sole discretion, the United States may, in its sole operation of the Divestiture Assets. at such price and on such terms as are discretion, take appropriate action, J. Unless the United States otherwise then obtainable upon reasonable effort including making a recommendation to consents in writing, the divestiture by the Divestiture Trustee, subject to the the Court. The Divestiture Trustee shall, pursuant to Section IV or by Divestiture provisions of Sections IV, V, and VI of within three (3) business days of hiring Trustee appointed pursuant to Section V this Final Judgment, and shall have any other agents or consultants, provide of this Final Judgment shall include the such other powers as the Court deems written notice of such hiring and the entire Divestiture Assets and shall be appropriate. Subject to Paragraph V(D) rate of compensation to Defendants and accomplished in such a way as to satisfy of this Final Judgment, the Divestiture the United States. the United States, in its sole discretion, Trustee may hire at the cost and E. Defendants shall use their best that the Divestiture Assets can and will expense of Defendants any agents, efforts to assist the Divestiture Trustee be used by the Acquirer as part of a investment bankers, attorneys, in accomplishing the required viable, ongoing business of the design, accountants, or consultants, who shall divestiture. The Divestiture Trustee and development, manufacture, sale, be solely accountable to the Divestiture any agents or consultants retained by service, and distribution of image Trustee, reasonably necessary in the the Divestiture Trustee shall have full intensifier technology and night vision Divestiture Trustee’s judgment to assist and complete access to the personnel, devices. If any of the terms of an in the divestiture. Any such agents or books, records, and facilities of the agreement between Defendants and the consultants shall serve on such terms business to be divested, and Defendants Acquirer to effectuate the divestiture and conditions as the United States shall provide or develop financial and required by the Final Judgment varies approves, including confidentiality other information relevant to such from the terms of this Final Judgment requirements and conflict of interest business as the Divestiture Trustee may then, to the extent that Defendants certifications. reasonably request, subject to reasonable cannot fully comply with both terms, C. Defendants shall not object to a sale protection for trade secrets; other this Final Judgment shall determine by the Divestiture Trustee on any confidential research, development, or Defendants’ obligations. The divestiture, ground other than the Divestiture commercial information; or any whether pursuant to Section IV or Trustee’s malfeasance. Any such applicable privileges. Defendants shall Section V of this Final Judgment, objections by Defendants must be take no action to interfere with or to (1) shall be made to an Acquirer that, in conveyed in writing to the United States impede the Divestiture Trustee’s the United States’ sole judgment, and the Divestiture Trustee within ten accomplishment of the divestiture. has the intent and capability (10) calendar days after the Divestiture F. After its appointment, the (including the necessary Trustee has provided the notice Divestiture Trustee shall file monthly managerial, operational, technical, required under Section VI. reports with the United States setting and financial capability) of D. The Divestiture Trustee shall serve forth the Divestiture Trustee’s efforts to competing effectively in the at the cost and expense of Defendants accomplish the divestiture ordered business of the design, pursuant to a written agreement, on under this Final Judgment. Such reports development, manufacture, sale, such terms and conditions as the United shall include the name, address, and service, and distribution of image States approves, including telephone number of each person who, intensifier technology and night confidentiality requirements and during the preceding month, made an vision devices; and conflict of interest certifications. The offer to acquire, expressed an interest in (2) shall be accomplished so as to satisfy Divestiture Trustee shall account for all acquiring, entered into negotiations to the United States, in its sole monies derived from the sale of the acquire, or was contacted or made an discretion, that none of the terms of assets sold by the Divestiture Trustee inquiry about acquiring any interest in any agreement between an Acquirer and all costs and expenses so incurred. the Divestiture Assets and shall describe and Defendants give Defendants the After approval by the Court of the in detail each contact with any such ability unreasonably to raise the Divestiture Trustee’s accounting, person. The Divestiture Trustee shall Acquirer’s costs, to lower the including fees for any of its services yet maintain full records of all efforts made Acquirer’s efficiency, or otherwise unpaid and those of any professionals to divest the Divestiture Assets. to interfere in the ability of the and agents retained by the Divestiture G. If the Divestiture Trustee has not Acquirer to compete effectively. Trustee, all remaining money shall be accomplished the divestiture ordered paid to Defendants and the trust shall under this Final Judgment within six V. APPOINTMENT OF then be terminated. The compensation months after its appointment, the DIVESTITURE TRUSTEE of the Divestiture Trustee and any Divestiture Trustee shall promptly file A. If Defendants have not divested the professionals and agents retained by the with the Court a report setting forth (1) Divestiture Assets within the time Divestiture Trustee shall be reasonable the Divestiture Trustee’s efforts to period specified in Paragraph IV(A), in light of the value of the Divestiture accomplish the required divestiture; (2) Defendants shall notify the United Assets and based on a fee arrangement the reasons, in the Divestiture Trustee’s States of that fact in writing. Upon that provides the Divestiture Trustee judgment, why the required divestiture application of the United States, the with incentives based on the price and has not been accomplished; and (3) the Court shall appoint a Divestiture terms of the divestiture and the speed Divestiture Trustee’s recommendations. Trustee selected by the United States with which it is accomplished, but the To the extent such reports contain

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information that the Divestiture Trustee if there is one, stating whether it objects by Defendants, including limitation on deems confidential, such reports shall to the proposed divestiture. If the information, shall be made within not be filed in the public docket of the United States provides written notice fourteen (14) calendar days of receipt of Court. The Divestiture Trustee shall at that it does not object, the divestiture such affidavit. the same time furnish such report to the may be consummated, subject only to B. Within twenty (20) calendar days United States, which shall have the Defendants’ limited right to object to the of the filing of the Complaint in this right to make additional sale under Paragraph V(C) of this Final matter, Defendants shall deliver to the recommendations consistent with the Judgment. Absent written notice that the United States an affidavit that describes purpose of the trust. The Court United States does not object to the in reasonable detail all actions thereafter shall enter such orders as it proposed Acquirer or upon objection by Defendants have taken and all steps shall deem appropriate to carry out the the United States, a divestiture Defendants have implemented on an purpose of the Final Judgment, which proposed under Section IV or Section V ongoing basis to comply with Section may, if necessary, include extending the shall not be consummated. Upon VIII of this Final Judgment. Defendants trust and the term of the Divestiture objection by Defendants under shall deliver to the United States an Trustee’s appointment by a period Paragraph V(C), a divestiture proposed affidavit describing any changes to the requested by the United States. under Section V shall not be efforts and actions outlined in H. If the United States determines that consummated unless approved by the Defendants’ earlier affidavits filed the Divestiture Trustee has ceased to act Court. pursuant to this Section within fifteen or failed to act diligently or in a VII. FINANCING (15) calendar days after the change is reasonably cost-effective manner, the implemented. United States may recommend the Court Defendants shall not finance all or C. Defendants shall keep all records of appoint a substitute Divestiture Trustee. any part of any purchase made pursuant all efforts made to preserve and divest to Section IV or Section V of this Final the Divestiture Assets until one year VI. NOTICE OF PROPOSED Judgment. DIVESTITURE after such divestiture has been HOLD SEPARATE completed. A. Within two (2) business days VIII. following execution of a definitive Until the divestiture required by this X. COMPLIANCE INSPECTION divestiture agreement, Defendants or the Final Judgment has been accomplished, A. For the purposes of determining or Divestiture Trustee, whichever is then Defendants shall take all steps necessary securing compliance with this Final responsible for effecting the divestiture to comply with the Hold Separate Judgment, or of any related orders such required herein, shall notify the United Stipulation and Order entered by the as any Hold Separate Stipulation and States of any proposed divestiture Court. Defendants shall take no action Order or of determining whether the required by Section IV or Section V of that would jeopardize the divestiture Final Judgment should be modified or this Final Judgment. If the Divestiture ordered by the Court. vacated, and subject to any legally- Trustee is responsible, it shall similarly IX. AFFIDAVITS recognized privilege, from time to time notify Defendants. The notice shall set A. Within twenty (20) calendar days authorized representatives of the United forth the details of the proposed States, including agents retained by the divestiture and list the name, address, of the filing of the Complaint in this matter, and every thirty (30) calendar United States, shall, upon written and telephone number of each person request of an authorized representative not previously identified who offered or days thereafter until the divestiture has of the Assistant Attorney General in expressed an interest in or desire to been completed under Section IV or charge of the Antitrust Division and on acquire any ownership interest in the Section V, Defendants shall deliver to reasonable notice to Defendants, be Divestiture Assets, together with full the United States an affidavit, signed by permitted: details of the same. each defendant’s Chief Financial Officer B. Within fifteen (15) calendar days of and General Counsel, which shall (1) access during Defendants’ office receipt by the United States of such describe the fact and manner of hours to inspect and copy or, at the notice, the United States may request Defendants’ compliance with Section IV option of the United States, to from Defendants, the proposed or Section V of this Final Judgment. require Defendants to provide Acquirer, any other third party, or the Each such affidavit shall include the electronic copies of all books, Divestiture Trustee, if applicable, name, address, and telephone number of ledgers, accounts, records, data, and additional information concerning the each person who, during the preceding documents in the possession, proposed divestiture, the proposed thirty (30) calendar days, made an offer custody, or control of Defendants Acquirer, and any other potential to acquire, expressed an interest in relating to any matters contained in Acquirer. Defendants and the acquiring, entered into negotiations to this Final Judgment; and Divestiture Trustee shall furnish any acquire, or was contacted or made an (2) to interview, either informally or on additional information requested within inquiry about acquiring, any interest in the record, Defendants’ officers, fifteen (15) calendar days of the receipt the Divestiture Assets, and shall employees, or agents, who may of the request, unless the parties shall describe in detail each contact with any have their individual counsel otherwise agree. such person during that period. Each present, regarding such matters. C. Within thirty (30) calendar days such affidavit shall also include a The interviews shall be subject to after receipt of the notice or within description of the efforts Defendants the reasonable convenience of the twenty (20) calendar days after the have taken to solicit buyers for the interviewee and without restraint or United States has been provided the Divestiture Assets, and to provide interference by Defendants. additional information requested from required information to prospective B. Upon the written request of an Defendants, the proposed Acquirer, any Acquirers, including the limitations, if authorized representative of the third party, and the Divestiture Trustee, any, on such information. Assuming the Assistant Attorney General in charge of whichever is later, the United States information set forth in the affidavit is the Antitrust Division, Defendants shall shall provide written notice to true and complete, any objection by the submit written reports or response to Defendants and the Divestiture Trustee, United States to information provided written interrogatories, under oath if

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requested, relating to any of the matters B. This Final Judgment should be I. contained in this Final Judgment as may interpreted to give full effect to the XV. PUBLIC INTEREST be requested. procompetitive purposes of the antitrust DETERMINATION C. No information or documents laws and to restore all competition the obtained by the means provided in United States alleged was harmed by the Entry of this Final Judgment is in the Section X shall be divulged by the challenged conduct. Defendants agree public interest. The parties have United States to any person other than that they may be held in contempt of, complied with the requirements of the an authorized representative of the and that the Court may enforce, any Antitrust Procedures and Penalties Act, executive branch of the United States, provision of this Final Judgment that, as 15 U.S.C. § 16, including making copies except in the course of legal proceedings interpreted by the Court in light of these available to the public of this Final to which the United States is a party procompetitive principles and applying Judgment, the Competitive Impact (including grand jury proceedings), for ordinary tools of interpretation, is stated Statement, any comments thereon, and the purpose of securing compliance specifically and in reasonable detail, the United States’ responses to with this Final Judgment, or as whether or not it is clear and comments. Based upon the record otherwise required by law. unambiguous on its face. In any such before the Court, which includes the Competitive Impact Statement and any D. If at the time that Defendants interpretation, the terms of this Final comments and responses to comments furnish information or documents to the Judgment should not be construed filed with the Court, entry of this Final United States, Defendants represent and against either party as the drafter. Judgment is in the public interest. identify in writing the material in any C. In any enforcement proceeding in such information or documents to which the Court finds that Defendants DATE lllllllllllllllll which a claim of protection may be have violated this Final Judgment, the Court approval subject to procedures of asserted under Rule 26(c)(1)(G) of the United States may apply to the Court for Antitrust Procedures and Penalties Act, 15 Federal Rules of Civil Procedure, and a one-time extension of this Final U.S.C. § 16: Defendants mark each pertinent page of Judgment, together with other relief as lllllllllllllllllllll such material, ‘‘Subject to claim of may be appropriate. In connection with United States District Judge protection under Rule 26(c)(1)(G) of the any successful effort by the United United States District Court for the Federal Rules of Civil Procedure,’’ then States to enforce this Final Judgment District of Columbia the United States shall give Defendants against a Defendant, whether litigated or ten (10) calendar days’ notice prior to resolved before litigation, that UNITED STATES OF AMERICA, Plaintiff, divulging such material in any legal Defendant agrees to reimburse the v. HARRIS CORPORATION, and L3 TECHNOLOGIES, INC., Defendants. proceeding (other than a grand jury United States for the fees and expenses proceeding). of its attorneys, as well as any other Civil Action No.: 1:19–cv–01809 costs including experts’ fees, incurred in Judge: Hon. Thomas F. Hogan NO REACQUISITION XI. connection with that enforcement effort, COMPETITIVE IMPACT Defendants may not reacquire any including in the investigation of the STATEMENT part of the Divestiture Assets during the potential violation. Plaintiff United States of America term of this Final Judgment. D. For a period of four (4) years (‘‘United States’’), pursuant to Section following the expiration of the Final XII. RETENTION OF 2(b) of the Antitrust Procedures and Judgment, if the United States has JURISDICTION Penalties Act (‘‘APPA’’ or ‘‘Tunney evidence that a Defendant violated this Act’’), 15 U.S.C. § 16(b)–(h), files this The Court retains jurisdiction to Final Judgment before it expired, the Competitive Impact Statement relating enable any party to this Final Judgment United States may file an action against to the proposed Final Judgment to apply to the Court at any time for that Defendant in this Court requesting submitted for entry in this civil antitrust further orders and directions as may be that the Court order (1) Defendant to proceeding. necessary or appropriate to carry out or comply with the terms of this Final construe this Final Judgment, to modify Judgment for an additional term of at I. NATURE AND PURPOSE OF THE any of its provisions, to enforce least four years following the filing of PROCEEDING compliance, and to punish violations of the enforcement action under this Defendants Harris Corporation its provisions. Section, (2) any appropriate contempt (‘‘Harris’’) and L3 Technologies, Inc. remedies, (3) any additional relief XIII. ENFORCEMENT OF FINAL (‘‘L3’’) entered into an agreement and needed to ensure the Defendant JUDGMENT plan of merger, dated October 12, 2018, complies with the terms of the Final pursuant to which Harris and L3 A. The United States retains and Judgment, and (4) fees or expenses as propose to combine in a transaction that reserves all rights to enforce the called for in Paragraph XIII(C). would create the sixth-largest defense provisions of this Final Judgment, XIV. EXPIRATION OF FINAL contractor in the United States. The including the right to seek an order of JUDGMENT United States filed a civil antitrust contempt from the Court. Defendants Complaint on June 20, 2019, seeking to agree that in any civil contempt action, Unless the Court grants an extension, enjoin the proposed transaction. The any motion to show cause, or any this Final Judgment shall expire ten (10) Complaint alleges that the likely effect similar action brought by the United years from the date of its entry, except of this merger would be to lessen States regarding an alleged violation of that after five (5) years from the date of competition substantially in the United this Final Judgment, the United States its entry, this Final Judgment may be States for the design, development, may establish a violation of the Final terminated upon notice by the United manufacture, sale, service, and Judgment and the appropriateness of States to the Court and Defendants that distribution of U.S. military-grade image any remedy therefor by a preponderance the divestiture has been completed and intensifier tubes in violation of Section of the evidence, and Defendants waive that the continuation of the Final 7 of the Clayton Act, 15 U.S.C. § 18. any argument that a different standard Judgment no longer is necessary or in At the same time the Complaint was of proof should apply. the public interest. filed, the United States also filed a Hold

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Separate Stipulation and Order (‘‘Hold other companies. Night vision devices incorporate both image intensifier tubes Separate’’) and proposed Final allow the user to see better in dark and thermal imaging devices to combine Judgment, which are designed to conditions, increasing the situational the benefits of the two and create a eliminate the anticompetitive effects of awareness, threat detection, and mission ‘‘fused’’ image, thermal imaging devices the transaction. Under the proposed performance of soldiers and aircrews cannot replicate the performance of Final Judgment, which is explained operating in low-light environments. image intensifier tubes or replace them more fully below, Defendants are Night vision devices come in the form in night vision devices. required to divest Harris’s business in of goggles, binoculars, and monoculars The Complaint further alleges that the design, development, manufacture, and can be handheld or mounted to digital light amplification systems based sale, service and distribution of image objects like helmets or weapons. There on charge-coupled device (‘‘CCD’’) or intensifier technology and night vision are over half a million such devices in complementary metal oxide devices (the ‘‘night vision business’’). use today, and the U.S. Department of semiconductor (‘‘CMOS’’) detectors are Under the terms of the Hold Separate Defense (‘‘DoD’’) expects to purchase at also not adequate substitutes for U.S. Stipulation and Order, Defendants will least one hundred thousand additional military-grade image intensifier tubes. take certain steps to ensure that Harris’s devices over the next few years. CCD- and CMOS-based devices tend to night vision business is operated as a DoD also purchases significant be heavier, consume more power, and competitively independent, quantities of image intensifier tubes as cost significantly more than devices economically viable, and ongoing replacement parts for night vision incorporating image intensifier tubes. business concern that will remain devices currently in the field. In Moreover, because such devices are independent and uninfluenced by addition, as Harris and L3 innovate and digital, and therefore require a certain Harris and that competition is develop improved image intensifier amount of signal processing, the images maintained during the pendency of the tubes with greater resolution and light produced also tend to lag behind the required divestiture. amplification, DoD purchases these actual scene being viewed, potentially The United States and Defendants more advanced image intensifier tubes creating disorientation in the user. have stipulated that the proposed Final to upgrade existing night vision devices. For the foregoing reasons, DoD would Judgment may be entered after DoD is likely to purchase half a million not substitute less-capable image compliance with the APPA. Entry of the image intensifier tubes for replacements intensifier tubes, thermal imaging proposed Final Judgment would or upgrades over the next few years. devices, or CCD- or CMOS-based digital light amplification systems for U.S. terminate this action, except that the 2. Relevant Markets Court would retain jurisdiction to military-grade image intensifier tubes in As alleged in the Complaint, the construe, modify, or enforce the response to a small but significant and quality and usefulness of an image provisions of the proposed Final non-transitory increase in the price of intensifier tube is defined by several Judgment and to punish violations U.S. military-grade image intensifier characteristics, the most important of thereof. tubes. Therefore, the Complaint alleges which are size, weight, power that U.S. military-grade image II. DESCRIPTION OF THE EVENTS consumption, and especially sensitivity, intensifier tubes are a relevant product GIVING RISE TO THE ALLEGED which relates to the ability of the tube market and line of commerce under VIOLATION to amplify low levels of visible light Section 7 of the Clayton Act. A. The Defendants and the Proposed without producing excessive distortion The Complaint alleges that the in the resulting image. DoD requires Transaction relevant geographic market for U.S. highly capable image intensifier tubes, military-grade image intensifier tubes is Harris is incorporated in Delaware as the lives of soldiers and aircrews the United States. For national security and has its headquarters in Melbourne, depend on the performance of the night reasons, DoD only considers domestic Florida. Harris provides night vision vision devices incorporating these producers of U.S. military-grade image devices and image intensifier tubes, tubes. The Complaint alleges that less intensifier tubes. DoD is unlikely to turn tactical communications solutions, capable image intensifier tubes are to any foreign producers in the face of electronic warfare solutions, and space therefore not a substitute for the highly a small but significant and non- and intelligence systems. In 2018, Harris capable image intensifier tubes that DoD transitory price increase by domestic had sales of approximately $6.2 billion. views as U.S. military grade. producers of U.S. military-grade image L3 is incorporated in Delaware and is According to the Complaint, other intensifier tubes. headquartered in New York, New York. night vision technologies such as L3 provides night vision devices and thermal imaging devices and digital 3. Anticompetitive Effects image intensifier tubes; intelligence, light amplification systems are not As alleged in the Complaint, Harris surveillance, and reconnaissance substitutes for U.S. military-grade image and L3 are currently the only firms that systems; aircraft sustainment, intensifier tubes. Thermal imaging develop, manufacture, and sell U.S. simulation, and training; and security devices, such as microbolometers and military-grade image intensifier tubes. and detection systems. In 2018, L3 had infrared focal plane arrays, detect The merger would therefore give the sales of approximately $10.2 billion. infrared radiation emitted by warm combined firm a monopoly in this Harris and L3 entered into an objects rather than amplifying visible product market, leaving DoD without a agreement and plan of merger, dated light. Thermal imaging devices also competitive alternative for this critical October 12, 2018, pursuant to which differ from image intensifier tubes in component of night vision devices. Harris and L3 propose to merge. range and sensitivity to environmental According to the Complaint, Harris B. The Competitive Effects of the factors such as humidity and dust. Night and L3 compete for sales of U.S. Transaction vision equipment incorporating thermal military-grade image intensifier tubes on imaging devices tends to be larger, the basis of quality, price, and 1. Background heavier, and substantially more contractual terms such as delivery Image intensifier tubes amplify visible expensive than similar equipment times. This competition has resulted in light and are integrated into night vision incorporating image intensifier tubes. higher quality, lower prices, and shorter devices produced by Harris, L3, and Although some night vision devices delivery times and has fostered

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innovation, leading to U.S. military- III. EXPLANATION OF THE the immediate use of the Divestiture grade image intensifier tubes with PROPOSED FINAL JUDGMENT Assets by the Acquirer. Paragraph IV(G) higher sensitivity and resolution. The The divestiture required by the of the proposed Final Judgment requires Complaint alleges that the combination proposed Final Judgment will eliminate Defendants, at the Acquirer’s option, to of Harris and L3 would eliminate this the anticompetitive effects of the enter into a transition services competition and its future benefits to transaction in the market for U.S. agreement for back office, human DoD customers. Post-transaction, absent military-grade image intensifier tubes by resource, and information technology the required divestiture, the merged establishing an independent and services and support for the night vision firm likely would have the incentive economically viable competitor. business for a period of up to 12 and ability to reduce research and Paragraph IV(A) of the proposed Final months. Paragraph IV(H) of the development efforts that lead to Judgment requires Defendants, within proposed Final Judgment requires innovative and high-quality products the later of 45 calendar days after the Defendants, at the Acquirer’s option, to enter into a contract for wafer sawing and to increase prices and offer less entry of the Hold Separate by the Court and sensor packaging services to help favorable contractual terms. or 15 calendar days after Regulatory Approvals have been received, to divest facilitate the development of the next- 4. Difficulty of Entry Harris’s night vision business.1 generation of U.S. military-grade image Paragraph IV(J) of the proposed Final intensifier tubes, for a period of up to According to the Complaint, Judgment provides that the business 12 months. With respect to any sufficient, timely entry of additional must be divested in such a way as to agreements entered into under competitors into the market for U.S. satisfy the United States, in its sole Paragraph IV(G) or IV(H), the United military-grade image intensifier tubes is discretion, that the Divestiture Assets States, in its sole discretion, may unlikely. Production facilities for U.S. can and will be operated by the approve one or more extensions for a military-grade image intensifier tubes purchaser as a viable, ongoing business total of up to an additional six months. require a substantial investment in both that can compete effectively in the If the Acquirer seeks an extension of any capital equipment and human design, development, manufacture, sale, such agreement, Defendants must notify resources. A new entrant would need to service, and distribution of image the United States in writing at least set up a foundry to produce electronic intensifier technology and night vision three months prior to the date the components, establish production lines devices. Defendants must take all underlying agreement expires. capable of manufacturing fiber optic reasonable steps necessary to Paragraphs IV(G) and IV(H) further subcomponents, and build assembly accomplish the divestiture quickly and provide that employees of Defendants lines and testing facilities. Engineering must cooperate with prospective tasked with providing services under and research personnel would need to purchasers. such agreements must not share any be assigned to develop, test, and In the event that Defendants do not competitively sensitive information of the Acquirer with any other employee of troubleshoot the detailed manufacturing accomplish the divestiture within the Defendants. process, involving hundreds of steps, period prescribed in the proposed Final Judgment, Section V of the proposed The proposed Final Judgment also that is necessary to produce U.S. contains provisions designed to promote military-grade image intensifier tubes. Final Judgment provides that the Court will appoint a trustee selected by the compliance and make the enforcement Any new products would require of the Final Judgment as effective as extensive testing and qualification United States to effect the divestiture. If a trustee is appointed, the proposed possible. Paragraph XIII(A) provides before they could be used in night Final Judgment provides that that the United States retains and vision devices for the U.S. military. As Defendants will pay all costs and reserves all rights to enforce the a result, the Complaint alleges that entry expenses of the trustee. The trustee’s provisions of the proposed Final would be costly and time consuming. commission will be structured so as to Judgment, including its rights to seek an Moreover, as alleged in the provide an incentive for the trustee order of contempt from the Court. Under Complaint, a new entrant is unlikely to based on the price obtained and the the terms of this paragraph, Defendants recover these costs. Although CMOS- speed with which the divestiture is have agreed that in any civil contempt based night vision devices currently are accomplished. After his or her action, any motion to show cause, or not suitable for DoD uses, and thus are appointment becomes effective, the any similar action brought by the United not reasonable substitutes for night trustee will file monthly reports with States regarding an alleged violation of vision devices based on U.S. military- the United States setting forth his or her the Final Judgment, the United States grade image intensifier tubes, research efforts to accomplish the divestiture. At may establish the violation and the appropriateness of any remedy by a and development on these devices is the end of six months, if the divestiture preponderance of the evidence and that progressing, and industry observers has not been accomplished, the trustee Defendants have waived any argument expect these devices to begin replacing and the United States will make that a different standard of proof should night vision devices based on U.S. recommendations to the Court, which shall enter such orders as appropriate in apply. This provision aligns the military-grade image intensifier tubes at standard for compliance obligations some point in the next five to ten years. order to carry out the purpose of the trust, including extending the trust or with the standard of proof that applies Because the market for U.S. military- to the underlying offense that the grade image intensifier tubes will likely the term of the trustee’s appointment. The proposed Final Judgment compliance commitments address. decline as this transition takes place, the contains several provisions to facilitate Paragraph XIII(B) provides additional Complaint alleges that an entrant is clarification regarding the interpretation unlikely to produce sufficient revenue 1 Paragraph II(F) of the proposed Final Judgment of the provisions of the proposed Final to recover its costs of entry. The defines Regulatory Approvals as ‘‘any approvals or Judgment. The proposed Final Judgment prospect of a declining market for U.S. clearances pursuant to filings with the Committee was drafted to restore all competition military-grade image intensifier tubes on Foreign Investment in the United States that would otherwise be harmed by the (‘‘CFIUS’’), or under antitrust, competition, or other thus would discourage new companies U.S. or international laws required for Acquirer’s merger. Defendants agree that they will from entering. acquisition of the Divestiture Assets to proceed.’’ abide by the proposed Final Judgment

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and that they may be held in contempt new, independent, and economically Street NW, Suite 8700, Washington, of the Court for failing to comply with viable competitor to the merged entity. D.C. 20530. any provision of the proposed Final The proposed Final Judgment IV. REMEDIES AVAILABLE TO Judgment that is stated specifically and provides that the Court retains POTENTIAL PRIVATE LITIGANTS in reasonable detail, as interpreted in jurisdiction over this action, and the light of this procompetitive purpose. Section 4 of the Clayton Act, 15 parties may apply to the Court for any Paragraph XIII(C) of the proposed U.S.C. § 15, provides that any person order necessary or appropriate for the Final Judgment provides that should the who has been injured as a result of modification, interpretation, or Court find in an enforcement conduct prohibited by the antitrust laws enforcement of the Final Judgment. proceeding that Defendants have may bring suit in federal court to VI. ALTERNATIVES TO THE violated the Final Judgment, the United recover three times the damages the PROPOSED FINAL JUDGMENT States may apply to the Court for a one- person has suffered, as well as costs and time extension of the Final Judgment, reasonable attorneys’ fees. Entry of the The United States considered, as an together with such other relief as may be proposed Final Judgment will neither alternative to the proposed Final appropriate. In addition, in order to impair nor assist the bringing of any Judgment, a full trial on the merits compensate American taxpayers for any private antitrust damage action. Under against Defendants. The United States costs associated with the investigation the provisions of Section 5(a) of the could have continued the litigation and and enforcement of violations of the Clayton Act, 15 U.S.C. § 16(a), the sought preliminary and permanent proposed Final Judgment, Paragraph proposed Final Judgment has no prima injunctions preventing the merger of XIII(C) provides that, in any successful facie effect in any subsequent private Harris and L3. The United States is effort by the United States to enforce the lawsuit that may be brought against satisfied, however, that the divestiture of assets described in the proposed Final Judgment against a Defendant, Defendants. whether litigated or resolved prior to Final Judgment will preserve litigation, the Defendant agrees to V. PROCEDURES AVAILABLE FOR competition for the provision of U.S. reimburse the United States for MODIFICATION OF THE military-grade image intensifier tubes in attorneys’ fees, experts’ fees, or costs PROPOSED FINAL JUDGMENT the relevant market identified by the United States. Thus, the proposed Final incurred in connection with any The United States and Defendants Judgment would achieve all, or enforcement effort, including the have stipulated that the proposed Final substantially all, of the relief the United investigation of the potential violation. Judgment may be entered by the Court States would have obtained through Paragraph XIII(D) states that the after compliance with the provisions of United States may file an action against litigation but avoids the time, expense, the APPA, provided that the United and uncertainty of a full trial on the a Defendant for violating the Final States has not withdrawn its consent. Judgment for up to four years after the merits of the Complaint. The APPA conditions entry upon the Final Judgment has expired or been Court’s determination that the proposed VII. STANDARD OF REVIEW terminated under Section XIV. This Final Judgment is in the public interest. UNDER THE APPA FOR THE provision is meant to address PROPOSED FINAL JUDGMENT circumstances such as when evidence The APPA provides a period of at that a violation of the Final Judgment least 60 days preceding the effective The Clayton Act, as amended by the occurred during the term of the Final date of the proposed Final Judgment APPA, requires that proposed consent Judgment is not discovered until after within which any person may submit to judgments in antitrust cases brought by the Final Judgment has expired or been the United States written comments the United States be subject to a 60-day terminated or when there is not regarding the proposed Final Judgment. comment period, after which the court sufficient time for the United States to Any person who wishes to comment shall determine whether entry of the complete an investigation of an alleged should do so within 60 days of the date proposed Final Judgment ‘‘is in the violation until after the Final Judgment of publication of this Competitive public interest.’’ 15 U.S.C. § 16(e)(1). In has expired or been terminated. This Impact Statement in the Federal making that determination, the court, in provision, therefore, makes clear that, Register, or the last date of publication accordance with the statute as amended for four years after the Final Judgment in a newspaper of the summary of this in 2004, is required to consider: has expired or been terminated, the Competitive Impact Statement, (A) the competitive impact of such United States may still challenge a whichever is later. All comments judgment, including termination of violation that occurred during the term received during this period will be alleged violations, provisions for of the Final Judgment. considered by the United States enforcement and modification, Finally, Section XIV of the proposed Department of Justice, which remains duration of relief sought, Final Judgment provides that the Final free to withdraw its consent to the anticipated effects of alternative Judgment shall expire ten years from the proposed Final Judgment at any time remedies actually considered, date of its entry, except that after five prior to the Court’s entry of the Final whether its terms are ambiguous, years from the date of its entry, the Final Judgment. The comments and the and any other competitive Judgment may be terminated upon response of the United States will be considerations bearing upon the notice by the United States to the Court filed with the Court. In addition, adequacy of such judgment that the and Defendants that the divestiture has comments will be posted on the U.S. court deems necessary to a been completed and that the Department of Justice, Antitrust determination of whether the continuation of the Final Judgment is no Division’s internet website and, under consent judgment is in the public longer necessary or in the public certain circumstances, published in the interest; and interest. Federal Register. (B) the impact of entry of such judgment The divestiture provisions of the Written comments should be upon competition in the relevant proposed Final Judgment will eliminate submitted to: Maribeth Petrizzi, Chief, market or markets, upon the public the anticompetitive effects of the merger Defense, Industrials, and Aerospace generally and individuals alleging in the provision of U.S. military-grade Section, Antitrust Division, United specific injury from the violations image intensifier tubes by establishing a States Department of Justice, 450 Fifth set forth in the complaint including

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consideration of the public benefit, effectiveness of antitrust enforcement by believes could have, or even should if any, to be derived from a consent decree. have, been alleged’’). Because the determination of the issues at trial. Bechtel, 648 F.2d at 666 (emphasis ‘‘court’s authority to review the decree 2 depends entirely on the government’s 15 U.S.C. § 16(e)(1)(A) & (B). In added) (citations omitted). exercising its prosecutorial discretion by considering these statutory factors, the The United States’ predictions with respect to the efficacy of the remedy are bringing a case in the first place,’’ it court’s inquiry is necessarily a limited to be afforded deference by the Court. follows that ‘‘the court is only one as the government is entitled to See, e.g., Microsoft, 56 F.3d at 1461 authorized to review the decree itself,’’ ‘‘broad discretion to settle with the (recognizing courts should give ‘‘due and not to ‘‘effectively redraft the defendant within the reaches of the respect to the Justice Department’s . . . complaint’’ to inquire into other matters public interest.’’ United States v. view of the nature of its case’ ’’); United that the United States did not pursue. Microsoft Corp., 56 F.3d 1448, 1461 States v. Iron Mountain, Inc., 217 F. Microsoft, 56 F.3d at 1459-60. (D.C. Cir. 1995); United States v. U.S. Supp. 3d 146, 152–53 (D.D.C. 2016) (‘‘In 3 Airways Grp., Inc., 38 F. Supp. 3d 69, In its 2004 amendments to the APPA, evaluating objections to settlement 75 (D.D.C. 2014) (explaining that the Congress made clear its intent to agreements under the Tunney Act, a preserve the practical benefits of ‘‘court’s inquiry is limited’’ in Tunney court must be mindful that [t]he Act settlements); United States v. InBev utilizing Final Judgments in antitrust government need not prove that the enforcement, adding the unambiguous N.V./S.A., No. 08-1965 (JR), 2009 U.S. settlements will perfectly remedy the Dist. LEXIS 84787, at *3 (D.D.C. Aug. instruction that ‘‘[n]othing in this alleged antitrust harms[;] it need only section shall be construed to require the 11, 2009) (noting that the court’s review provide a factual basis for concluding of a consent judgment is limited and court to conduct an evidentiary hearing that the settlements are reasonably or to require the court to permit anyone only inquires ‘‘into whether the adequate remedies for the alleged government’s determination that the to intervene.’’ 15 U.S.C. § 16(e)(2); see harms.’’ (internal citations omitted)); also U.S. Airways, 38 F. Supp. 3d at 76 proposed remedies will cure the United States v. Republic Servs., Inc., antitrust violations alleged in the (indicating that a court is not required 723 F. Supp. 2d 157, 160 (D.D.C. 2010) to hold an evidentiary hearing or to complaint was reasonable, and whether (noting ‘‘the deferential review to which the mechanism to enforce the final permit intervenors as part of its review the government’s proposed remedy is under the Tunney Act). This language judgment are clear and manageable’’). accorded’’); United States v. Archer- explicitly wrote into the statute what As the United States Court of Appeals Daniels-Midland Co., 272 F. Supp. 2d 1, Congress intended when it first enacted for the District of Columbia Circuit has 6 (D.D.C. 2003) (‘‘A district court must the Tunney Act in 1974. As Senator held, under the APPA a court considers, accord due respect to the government’s Tunney explained: ‘‘[t]he court is among other things, the relationship prediction as to the effect of proposed nowhere compelled to go to trial or to between the remedy secured and the remedies, its perception of the market engage in extended proceedings which specific allegations in the government’s structure, and its view of the nature of might have the effect of vitiating the complaint, whether the Final Judgment the case.’’). The ultimate question is benefits of prompt and less costly is sufficiently clear, whether its whether ‘‘the remedies [obtained in the settlement through the consent decree enforcement mechanisms are sufficient, Final Judgment are] so inconsonant with process.’’ 119 Cong. Rec. 24,598 (1973) and whether the Final Judgment may the allegations charged as to fall outside (statement of Sen. Tunney). ‘‘A court positively harm third parties. See of the ‘reaches of the public interest.’ ’’ can make its public interest Microsoft, 56 F.3d at 1458-62. With Microsoft, 56 F.3d at 1461 (quoting determination based on the competitive respect to the adequacy of the relief United States v. Western Elec. Co., 900 impact statement and response to public secured by the Final Judgment, a court F.2d 283, 309 (D.C. Cir. 1990)). comments alone.’’ U.S. Airways, 38 F. may not ‘‘engage in an unrestricted Moreover, the court’s role under the Supp. 3d at 76 (citing United States v. evaluation of what relief would best APPA is limited to reviewing the Enova Corp., 107 F. Supp. 2d 10, 17 serve the public.’’ United States v. BNS, remedy in relationship to the violations (D.D.C. 2000)). Inc., 858 F.2d 456, 462 (9th Cir. 1988) that the United States has alleged in its (quoting United States v. Bechtel Corp., complaint, and does not authorize the VIII. DETERMINATIVE 648 F.2d 660, 666 (9th Cir. 1981)); see court to ‘‘construct [its] own DOCUMENTS also Microsoft, 56 F.3d at 1460-62; hypothetical case and then evaluate the United States v. Alcoa, Inc., 152 F. decree against that case.’’ Microsoft, 56 There are no determinative materials Supp. 2d 37, 40 (D.D.C. 2001); InBev, F.3d at 1459; see also U.S. Airways, 38 or documents within the meaning of the 2009 U.S. Dist. LEXIS 84787, at *3. F. Supp. 3d at 75 (noting that the court APPA that were considered by the Instead: must simply determine whether there is United States in formulating the a factual foundation for the proposed Final Judgment. [t]he balancing of competing social and government’s decisions such that its Dated: June 20, 2019 political interests affected by a proposed conclusions regarding the proposed antitrust consent decree must be left, in Respectfully submitted, settlements are reasonable); InBev, 2009 the first instance, to the discretion of the lllllllllllllllllllll U.S. Dist. LEXIS 84787, at *20 (‘‘the Attorney General. The court’s role in Kevin Quin* (D.C. Bar #415268) ‘public interest’ is not to be measured by protecting the public interest is one of Defense, Industrials, and Aerospace Section, comparing the violations alleged in the insuring that the government has not Antitrust Division, 450 Fifth Street NW, Suite complaint against those the court breached its duty to the public in 8700, Washington, D.C. 20530, Telephone: consenting to the decree. The court is (202) 307-0922, Facsimile: (202) 514-9033, 2 See also BNS, 858 F.2d at 464 (holding that the [email protected]. required to determine not whether a court’s ‘‘ultimate authority under the [APPA] is *Attorney of Record particular decree is the one that will limited to approving or disapproving the consent best serve society, but whether the decree’’); United States v. Gillette Co., 406 F. Supp. [FR Doc. 2019–14659 Filed 7–9–19; 8:45 am] 713, 716 (D. Mass. 1975) (noting that, in this way, BILLING CODE 4410–11–P settlement is ‘‘within the reaches of the the court is constrained to ‘‘look at the overall public interest.’’ More elaborate picture not hypercritically, nor with a microscope, requirements might undermine the but with an artist’s reducing glass’’). 3 Pub. L. 108-237, § 221.

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OFFICE OF MANAGEMENT AND robustness, security and safety of AI AI R&D (e.g., documentation, BUDGET applications. provenance, metadata)? Over the years, a number of data sets • What data ownership, intellectual Identifying Priority Access or Quality have already been made available via property, or data sharing considerations Improvements for Federal Data and data.gov. Some of these datasets are should be included in federally-funded Models for Artificial Intelligence fully publically available, while others agreements (including, but not limited Research and Development (R&D), and have restricted use (see restricted use to, federal contracts and grants) that Testing; Request for Information data sets). However, these data sets may results in production of data for R&D? or may not be useful or suitable for AI AGENCY: • What research questions and Office of Management and R&D and testing. Budget (OMB), Executive Office of the The following lists of topics cover the applications are you trying to solve with President. major areas for which information is AI, that require specific types and/or ACTION: Notice of request for sought. These lists are not intended to quantities of Federal data and models, information: Identifying Priority Access limit the topics that may be addressed and how might the Federal Government or Quality Improvements for Federal by respondents, who may provide reduce barriers to discovery and access? data and models for Artificial information about any topic that would • Accelerating the application of AI Intelligence Research and Development inform the objective of this action. can be enabled with pre-trained models (R&D), and Testing. To developing requests for additional (e.g., ResNet trained on ImageNet) that accesses for data and models to improve facilitate transfer learning. What SUMMARY: Under the Executive Order on AI R&D and testing, input to the research questions and applications Maintaining American Leadership in following questions is sought: would benefit most from the transfer Artificial Intelligence (Section 5.a.i), • What Federal data and models are learning? https://www.whitehouse.gov/ you seeking to use that are available to Respondents to this RFI may define presidential-actions/executive-order- the public with no use restrictions, but ‘‘data’’, ‘‘data set’’, and ‘‘model’’ as they maintaining-american-leadership- which have technical issues inhibiting desire, indicating clearly what they artificial-intelligence/, the Office of data access? Specifically, what are the mean when using the term. Management and Budget is inviting the technical issues (e.g., is it too big to be public to identify needs for additional downloaded, is it not optimally Instructions for Written Responses access to, or improvements in the formatted)? What types of AI R&D and Interested parties should provide quality of, Federal data and models that testing would be accelerated with would improve the Nation’s artificial written responses to the questions increased access to this data? outlined in the purpose of this Federal intelligence (AI) research and • What Federal data and models are development (R&D) and testing efforts. Register notice section. Submissions are you seeking to use that are restricted to due 30 days from publication of this DATES: July 10, 2019. the public, i.e., the data asset is notice through www.regulations.gov. ADDRESSES: Submissions are due 30 available under certain use restrictions? Please include the below in your days from publication of this notice What types of AI R&D and testing would response, limiting this portion of your through www.regulations.gov. be accelerated with increased access to this data? response to one page: SUPPLEMENTARY INFORMATION: The • • National Artificial Intelligence Research What Federal data and models are The name of the individual(s) and/ and Development Strategic Plan you seeking to use that are private and or organization responding. Anonymous discusses fundamental challenges, novel not at all available to the public? responses will also be accepted. ideas for human and AI collaboration, Describe the agency that has the data • A brief description of the and creating AI that is more trustworthy and what, if any, attempts you are aware responding individual(s) or (e.g., AI techniques that address of that have been made to increase organization’s mission and/or areas of challenges of bias and fairness, access to the data or model. What types expertise, if the responder feels transparency and explainability, and of AI R&D and testing would be appropriate. robustness, security, and safety). accelerated with increased access to this • A contact for questions or other Beyond fundamental advances in AI, data? follow-up on your response if desired. • What are key gaps in data and open challenges also include the Comments submitted in response to application of AI to key domains, such model availability that are slowing progress in AI R&D and testing? Which this notice are subject to FOIA. OMB as those highlighted on ai.gov that may also make all comments available include: areas of AI R&D and testing are most impacted? to the public. For this reason, please do • Transportation not include in your comments • In developing requests for quality Healthcare improvements to accessible data and information of a confidential nature, • Manufacturing such as sensitive personal information • models to improve AI R&D and testing, Financial Services input to the following questions is or proprietary information. If you send • Agriculture an email comment, your email address • sought: Weather Forecasting • As agencies review their data and will be automatically captured and • National Security & Defense models, what are the most important included as part of the comment that is Depending on the R&D goal and characteristics they should consider? placed in the public docket and made application domain, different data sets Stated differently, what characteristics available on the internet. Please note and models may be needed to accelerate of data sets or models make them well- that responses to this public comment AI advances. Additionally, the use of suited for AI R&D? request containing any routine notice these data sets and models could • Which models are most important about the confidentiality of the stimulate new developments that would for agencies to focus on, and why? communication will be treated as public enhance the transparency and • What characteristics should the comments that may be made available to explainability of the AI application, and Federal Government consider to the public notwithstanding the illuminate ways to ensure the increase a data set or model’s utility for inclusion of the routine notice.

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Next Steps 6O87, Washington, DC 20546 or sent by Notification Requirements Regarding For background information on the email to [email protected]; Phone Sexual Harassment, Other Forms of areas of AI activity in the Federal Number: 202–358–2180, Fax Number: Harassment, or Sexual Assault 202–358–3336. We encourage government, please visit: AI.gov. The Principal Investigator (PI) and respondents to submit comments any Co-I(s) identified on an NASA Russell T. Vought, electronically to ensure timely receipt. award are in a position of trust. These Acting Director, OMB. We cannot guarantee that comments individuals must comport themselves in [FR Doc. 2019–14618 Filed 7–9–19; 8:45 am] mailed will be received before the a responsible and accountable manner comment closing date. Please include BILLING CODE 3110–05–P during the award period of performance, ‘‘Reporting Requirement Regarding whether at the awardee institution, on- Findings of Discrimination, Sexual line, or at locales such as field sites, Harassment, other Forms of NATIONAL AERONAUTICS AND facilities, or conferences/workshops. Harassment, or Sexual Assault’’ in the SPACE ADMINISTRATION Above all, NASA wishes to assure the subject line of the email message; please safety, integrity, and excellence of the [Notice: 19–140] also include the full body of your programs and activities it funds. comments in the text of the message and Notification Requirements Regarding For purposes of this term and as an attachment. Include your name, Findings of Discrimination, Sexual condition, the following definitions title, organization, postal address, Harassment, Other Forms of apply: Harassment, or Sexual Assault telephone number, and email address in your message. Administrative Leave/Administrative AGENCY: National Aeronautics and Action: Any temporary/interim FOR FURTHER INFORMATION CONTACT: Space Administration. suspension or permanent removal of the Richard N. Reback, email: PI or Co-I, or any administrative action ACTION: New reporting requirement for [email protected]; telephone imposed on the PI or Co-I by the discrimination, sexual or other forms of (202) 358–2180. awardee under organizational policies harassment, or sexual assault; request or codes of conduct, statutes, for comments. SUPPLEMENTARY INFORMATION: As a U.S. funding agency of scientific research regulations, or executive orders, relating SUMMARY: The National Aeronautics and and development, and the primary to activities, including but not limited to Space Administration (NASA) is funding agency for aeronautics and the following: Teaching, advising, soliciting public comment on the space research and technology, NASA is mentoring, research, management/ agency’s proposed implementation of committed to promoting safe, administrative duties, or presence on new reporting requirements regarding productive research and education campus. discrimination and harassment among environments for current and future Discrimination: Treating an recipients of NASA financial assistance. scientists and engineers. We consider individual differently or using methods The many hundreds of U.S. institutions the Principal Investigator (PI) and any of administration that have the effect of of higher education and other Co-I(s) identified on a NASA award and subjecting individuals to different organizations that receive NASA funds all personnel supported by a NASA treatment based on race, color, national are responsible for fully investigating award must not engage in origin, sex, disability or age. complaints and for compliance with discriminatory or harassing behavior Finding/Determination: The final federal non-discrimination laws, during the award period of performance disposition of a matter involving sexual regulations, and executive orders. The whether at the awardee institution, on- harassment or other form of harassment implementation of new reporting line, or outside the organization, such as under organizational policies and requirements is necessary as NASA at field sites or facilities, or during processes, to include the exhaustion of seeks to help ensure research conferences and workshops. permissible appeals exercised by the PI environments to which the Agency Upon implementation, the new term or Co-I, or a conviction of a sexual provides funding are free from and condition will require awardee offense in a criminal court of law. discrimination, including harassment, organizations to notify NASA of any Other Forms of Harassment: Non- sexual harassment, other forms of findings/determinations of gender or non-sex-based harassment of harassment, and sexual assault. discrimination, sexual harassment, individuals protected under federal civil Additionally, NASA is taking this action other forms of harassment, or sexual rights laws, as set forth in organizational to bolster our policies, guidelines, and assault regarding an NASA funded PI or policies or codes of conduct, statutes, communications. The intended effect of Co-I. The new term and condition also regulations, or executive orders. this action is, first, to better ensure that will require the awardee to notify NASA Sexual harassment: May include but organizations funded by NASA clearly if the PI or Co-I is placed on is not limited to gender or sex-based understand expectations and administrative leave or if the awardee harassment, unwelcome sexual requirements. In addition, NASA seeks has imposed any administrative action attention, sexual coercion, or creating a to ensure that recipients of grants and on the PI or any determination or an hostile environment, as set forth in cooperative agreements respond investigation of an alleged violation of organizational policies or codes of promptly and appropriately to instances awardee policies or codes of conduct, conduct, statutes, regulations, or of discrimination, sexual harassment, statutes, regulations, or executive orders executive orders. other forms of harassment, and sexual relating to discrimination, sexual The awardee is required to notify assault. harassment, other forms of harassment, NASA of: (1) Any finding/determination DATES: Comments must be received by or sexual assault. Finally, the award regarding the PI or any Co-I 1 that August 9, 2019. term and condition specifies the ADDRESSES: Comments should be procedures that will be followed by 1 If a Co-I is affiliated with a subawardee NASA upon receipt of a notification. organization, the Authorized Organizational addressed to National Space and Representative of the subawardee must provide the Aeronautics Administration The full text of the new term and requisite information directly to NASA, as Headquarters, 300 E Street SW, Rm. condition is provided below: instructed in this paragraph.

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demonstrates a violation of awardee The awardee must also provide: Agreement—Financial and policies or codes of conduct, statutes, b A description of the finding/ Administrative Terms and Conditions. regulations, or executive orders relating determination and action(s) taken, if These revised terms and conditions will to discrimination, sexual harassment, any; and/or become effective thirty days from the other forms of harassment, or sexual b The reason(s) for, and conditions date of publication in the Federal assault; and/or (2) if the PI or any Co- of placement of the PI or any Co-I on Register and will be available in the I is placed on administrative leave or if administrative action. NASA Grants and Cooperative any administrative action has been The awardee, at any time, may Agreement Manual (GCAM). imposed on the PI or any Co-I by the propose a substitute investigator if it The new term and condition will be awardee relating to any finding/ determines the PI or any Co-I may not applied to all new NASA awards and determination or an investigation of an be able to carry out the funded project funding amendments to existing awards alleged violation of awardee policies or or activity and/or abide by the award made on or after the effective date. This codes of conduct, statutes, regulations, terms and conditions. new reporting requirement will apply to or executive orders relating to In reviewing the notification, NASA all findings/determinations that occur discrimination, sexual harassment, will consider, at a minimum, the on or after the effective date of the terms other forms of harassment, or sexual following factors: and conditions. With regard to assault.2 Such notification must be a. The safety and security of notification of placement on submitted by the Authorized personnel supported by the NASA administrative leave, the awardee must Organizational Representative (AOR) to award; notify NASA within seven business NASA’s Office of Diversity and Equal b. The overall impact to the NASA- days from the date the awardee Opportunity at [email protected] funded activity; determines that placement on within ten business days from the date c. The continued advancement of administrative leave is necessary. of the finding/determination, or the date taxpayer-funded investments in science Awardees are strongly encouraged to of the placement of a PI or Co-I by the and scientists; and conduct a thorough review of the term awardee on administrative leave or the d. Whether the awardee has taken and condition to determine whether the imposition of an administrative action, appropriate action(s) to ensure the new requirements necessitate any whichever is sooner.3 continuity of science and that continued changes to the institution’s policies and Each notification must include the progress under the funded project can procedures. The new term and following information: be made. condition will be effective for any new b NASA Award Number; Upon receipt and review of the award, or funding amendment to an b Name of PI or Co-I being reported; 4 information provided, NASA will existing award, made on or after the Type of Notification: Select one of the consult with the AOR, or designee. effective date. For these purposes, this following: Based on the results of this review and means that any finding/determination, b Finding/Determination that the consultation, the Agency may, if placement on administrative leave or reported individual has been found to necessary and in accordance with 2 CFR the imposition of any administrative have violated awardee policies or codes 200.338, assert its programmatic action by the institution made on or of conduct, statutes, regulations, or stewardship responsibilities and after the start date of an award or executive orders relating to oversight authority to initiate the funding amendment subject to the new discrimination, sexual harassment, substitution or removal of the PI or any term will invoke the new notification other forms of harassment, or sexual Co-I, reduce the award funding amount, requirements. assault; or where neither of those previous or options is available or adequate, to Nanette Smith, b Placement by the awardee of the suspend or terminate the award. NASA Federal Register Liaison Officer. reported individual on administrative Other personnel supported by a [FR Doc. 2019–14653 Filed 7–9–19; 8:45 am] leave or the imposition of any NASA award must likewise remain in BILLING CODE 7510–13–P administrative action on the PI or any full compliance with awardee policies Co-I by the awardee relating to any or codes of conduct, statutes, finding/determination, or an regulations, or executive orders relating NATIONAL TRANSPORTATION investigation of an alleged violation of to sexual harassment, other forms of SAFETY BOARD awardee policies or codes of conduct, harassment, or sexual assault. With statutes, regulations, or executive orders regard to any personnel not in Sunshine Act Meetings relating to sexual harassment, other compliance, the awardee must make forms of harassment, or sexual assault. appropriate arrangements to ensure the TIME AND DATE: 9:30 a.m., Tuesday, July safety and security of other award 23, 2019. 2 Awardee findings/determinations and PLACE: NTSB Conference Center, 429 placement of a PI or Co-I on administrative leave personnel and the continued progress of or the imposition of an administrative action must the funded project. Notification of these L’Enfant Plaza SW, Washington, DC be conducted in accordance with organizational actions is not required under this term 20594. policies and processes. They also must be and condition. STATUS: The one item is open to the conducted in accordance with federal laws, public. regulations, and executive orders. End of Proposed Term and Condition 3 Such notification must be provided regardless of MATTERS TO BE CONSIDERED: whether the behavior leading to the finding/ Implementation 59351 Railroad Accident Report— determination, or placement on administrative Amtrak Passenger Train Head-on leave, or the imposition of an administrative action Upon receipt and resolution of all occurred while the PI or Co-I was carrying out comments, it is NASA’s intention to Collision with Stationary CSX Freight award activities. implement the new term through Train, Cayce, South Carolina, February 4 Only the identification of the PI or Co-I is revision of the NASA Agency Specific 4, 2018. required. Personally identifiable information CONTACT PERSON FOR MORE INFORMATION: regarding any complainants or other individuals Requirements to the Research Terms involved in the matter must not be included in the and Conditions, the Grant General Candi Bing at (202) 314–6403 or by notification. Conditions, and the Cooperative email at [email protected].

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Media Information Contact: Keith document are available on July 10, 2019. spent fuel to the approved casks listed Holloway by email at [email protected] The exemption takes effect on July 10, in § 72.214. Casks are approved for or Eric Weiss by email at eric.weiss@ 2019. storage under the conditions specified ntsb.gov or at (202) 314–6100. ADDRESSES: Please refer to Docket ID in the respective CoCs. The NRC ® The press and public may enter the NRC–2019–0116 when contacting the approved the use of the NAC–UMS NTSB Conference Center one hour prior NRC about the availability of System by issuing CoC No. 1015, to the meeting for set up and seating. information regarding this document. effective November 20, 2000. NRC Individuals requesting specific You may obtain publicly-available regulations require users to comply with accommodations should contact information related to this document the terms and conditions of the CoC Rochelle McCallister at (202) 314–6305 using any of the following methods: including, but not limited to, the or by email at Rochelle.McCallister@ • Federal Rulemaking Website: Go to associated technical specifications. The ntsb.gov by Wednesday, July 17, 2019. https://www.regulations.gov and search requested exemptions would allow The public may view the meeting via for Docket ID NRC–2019–0116. Address Maine Yankee to deviate from certain a live or archived webcast by accessing questions about docket IDs in requirements of the NAC–UMS® System a link under ‘‘News & Events’’ on the Regulations.gov to Jennifer Borges; CoC No. 1015, Amendment No. 6, as NTSB home page at www.ntsb.gov. telephone: 301–287–9127; email: discussed in this document. Schedule updates, including weather- [email protected]. For technical II. Request/Action related cancellations, are also available questions, contact the individual listed at www.ntsb.gov. in the FOR FURTHER INFORMATION Maine Yankee is requesting the The National Transportation Safety CONTACT section of this document. reissuance of four exemptions from the Board is holding the meeting under the • NRC’s Agencywide Documents terms and conditions of Amendment Government in the Sunshine Act, 5 Access and Management System No. 6 to CoC No. 1015 that were U.S.C. 552(b). (ADAMS): You may obtain publicly- previously approved for Amendment Dated: July 8, 2019. available documents online in the No. 5 to CoC No. 1015. Maine Yankee LaSean McCray, ADAMS Public Documents Collection at submitted its request by letter dated January 21, 2019, supplemented by Assistant Federal Register Liaison Officer. https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select letter dated April 11, 2019. Maine [FR Doc. 2019–14748 Filed 7–8–19; 4:15 pm] Yankee requested specific exemptions BILLING CODE 7533–01–P ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact from the requirements in 10 CFR the NRC’s Public Document Room (PDR) 72.212(a)(2), 72.212(b)(3), reference staff at 1–800–397–4209, 301– 72.212(b)(5)(i), 72.212(b)(11), and NUCLEAR REGULATORY 72.214, with regard to certain terms and COMMISSION 415–4737, or by email to pdr.resource@ nrc.gov. For the convenience of the conditions of Appendices A and B to [Docket Nos. 72–30, 50–309, and 72–1015; reader, instructions about obtaining the technical specifications of NRC–2019–0116] materials referenced in this document Amendment No. 6 to CoC No. 1015 are provided in the ‘‘Availability of detailed below. Maine Yankee Atomic Power Documents’’ section. Maine Yankee stated that adoption of Company; Independent Spent Fuel • NRC’s PDR: You may examine and the exemptions would not result in any Storage Installation purchase copies of public documents at impact to the safe storage of the spent fuel at the ISFSI and will not increase AGENCY: Nuclear Regulatory the NRC’s PDR, Room O1–F21, One the probability or consequences of an Commission. White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. accident. ACTION: Exemption; safety evaluation The four exemptions are: and environmental assessment with FOR FURTHER INFORMATION CONTACT: 1. Appendix A, Section A.3.1.4, finding of no significant impact; Torre Taylor, Office of Nuclear Material Canister Maximum Time in Transfer issuance. Safety and Safeguards, U.S. Nuclear Cask. This exemption is from the Regulatory Commission, Washington, requirement to comply with the 25-day SUMMARY: The U.S. Nuclear Regulatory DC 20555–0001; telephone: 301–415– requirement in Limiting Condition of Commission (NRC) is issuing four 7900; email: [email protected]. Operation 3.1.4 for canister, NAC– exemptions requested by Maine Yankee SUPPLEMENTARY INFORMATION: UMS–TSC–790–016. Atomic Power Company (Maine I. Background 2. Appendix A, Section A.5.1, Yankee). The requested exemptions are Training Program. This exemption is from NRC regulations that require Maine Yankee is a general licensee from the requirement to develop a compliance with the terms, conditions, under part 72 of title 10 of the Code of systematic approach to training that and specifications of Certificate of Federal Regulations (CFR). Maine includes comprehensive instructions for Compliance (CoC) No. 1015 for the Yankee stores spent nuclear fuel in ® the operation and maintenance of the NAC–UMS spent fuel storage system at accordance with the requirements of ISFSI, except for the NAC–UMS® ® Maine Yankee’s Independent Spent Fuel CoC No. 1015 for the NAC–UMS System. Storage Installation (ISFSI). Maine System. Section 72.210, ‘‘General 3. Appendix A, Section A.5.5, Yankee currently stores sixty NAC– license issued,’’ establishes a general ® Radioactive Effluent Control Program. UMS System canisters under license to store spent nuclear fuel in an This exemption is from the requirement Amendment No. 5 to CoC No. 1015. In ISFSI at reactor sites licensed under 10 to submit an annual report pursuant to order to adopt Amendment No. 6 to CoC CFR part 50; Maine Yankee holds 10 CFR 72.44(d)(3) or 10 CFR 50.36(a). No. 1015, Maine Yankee is requesting Facility Operating License No. DPR 36 4. Appendix B, Section B.3.4.2.6. This the reissuance of the four previously under 10 CFR part 50. Section 72.212, exemption is from the requirement to approved exemptions. ‘‘Conditions of general license issued maintain a coefficient of friction on the DATES: The environmental assessment under § 72.210,’’ provides the ISFSI pad surface of at least 0.5. (EA) and finding of no significant conditions for use of a general license. The requests for an exemption from impact (FONSI) referenced in this Section 72.212(b)(3) limits the storage of the requirements of Appendix A,

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Section A.5.1., Training Program, and the exemptions are in the public The exemption was approved again by letter Appendix A., Section A.5.5., interest. dated July 14, 2010, with the environmental Radioactive Effluent Control Program, assessment noticed in the Federal Register Review of the Requested Exemption are categorically excluded from further on June 15, 2010. environmental review in accordance The NRC reviewed the requested Licensees are required to submit an with 10 CFR 51.22(c)(25)(i–v) and exemptions to verify that there were no annual report to the Commission (vi)(B) and (E). In accordance with the differences from the previously regarding effluents released into the requirements in 10 CFR part 51, the approved exemptions. There are no environment pursuant to the NRC prepared an environmental changes in Amendment No. 6 to CoC requirements of 10 CFR 72.44(d)(3). The assessment that addresses the remaining No. 1015 that affect the terms and NRC previously determined, as two exemptions. conditions from which Maine Yankee is discussed in the Federal Register notice requesting the exemptions. These terms dated January 4, 2005, that this annual III. Discussion and conditions are identical to the report does not impact public safety Safety Evaluation equivalent sections in Amendment No. because the NAC–UMS® System is a Pursuant to 10 CFR 72.7, ‘‘Specific 5. Each of the exemptions are discussed sealed and leak-tight spent fuel storage exemptions,’’ the Commission may, below. system. Therefore, there should not be upon application by any interested 1. Appendix A, Section A.3.1.4, Canister any releases to the environment of person or upon its own initiative, grant Maximum Time in Transfer Cask. This either liquid or gaseous effluents from such exemptions from the requirements exemption is from the requirement to comply normal operation of the storage system. of the regulations of 10 CFR part 72 as with the 25-day requirement in Limiting This exemption is categorically it determines are authorized by law and Condition of Operation 3.1.4 for canister, excluded from further environmental NAC–UMS–TSC–790–016. The exemption review in accordance with 10 CFR will not endanger life or property or the was approved by letter dated July 14, 2010, common defense and security and are with the environmental assessment noticed 51.22(c)(25)(i–v) and (vi)(B). otherwise in the public interest. in the Federal Register on June 15, 2010. The 4. Appendix B, Section B.3.4.2.6. This Authorized by Law NRC’s environmental assessment of this exemption is from the requirement to exemption is discussed in the Environmental maintain a coefficient of friction on the ISFSI The requested exemptions would Assessment section later in this document. pad surface of at least 0.5. This exemption allow the licensee to depart from certain 2. Appendix A, Section A.5.1, Training was previously approved by letter dated requirements of CoC No. 1015, Program. This exemption is from the February 1, 2004, with the environmental Amendment No. 6. Section 72.7 allows requirement to develop a systematic assessment noticed in the Federal Register the NRC to grant exemptions from the approach to training that includes on January 30, 2004. The exemption was comprehensive instructions for the operation requirements of 10 CFR part 72. approved again by letter dated July 14, 2010, and maintenance of the ISFSI, except for the with the environmental assessment noticed Issuance of these exemptions are NAC–UMS® System. This exemption was in the Federal Register on June 15, 2010. consistent with the Atomic Energy Act previously approved by letter dated January of 1954, as amended, and is not 4, 2005, with the environmental assessment Maine Yankee originally requested inconsistent with NRC regulations or noticed in the Federal Register on January 4, the exemption following the discovery other applicable laws. Therefore, the 2005. The exemption was approved again by of a winter icing condition at its ISFSI NRC has concluded that the exemptions letter dated July 14, 2010, with the that created an indeterminate coefficient are authorized by law. environmental assessment noticed in the of friction between the vertical concrete Federal Register on June 15, 2010. casks and the ISFSI pad surface. The Will Not Endanger Life or Property or This exemption would relieve Maine NRC determined that a specific the Common Defense and Security Yankee from the requirements to coefficient of friction was not necessary. The requested exemptions are the develop training modules under its The NRC’s environmental assessment of same exemptions as have been systematic approach to training that this exemption is discussed in the previously reviewed and approved by include comprehensive instructions for Environmental Assessment section later the NRC as discussed in this document. the operation and maintenance of the in this document. The NRC verified that there is no change ® ISFSI, except for the NAC–UMS Agencies and Persons Consulted in conditions under which the System. The NRC previously exemptions were previously approved. determined, as discussed in the Federal The State of Maine reviewed Maine Therefore, the NRC has concluded that Register notice dated January 4, 2005, Yankee’s request and, by letter dated the exemptions will not endanger life or that Section A.5.1, ‘‘Training Program,’’ January 29, 2019, stated that it has no property, or the common defense and would impose regulatory obligations objections to the request. The State of security. with associated costs that do not Maine explained that it sees Maine Yankee’s request as an administrative Otherwise in the Public Interest provide a commensurate increase in safety. This exemption would allow change to maintain consistency with the The requested exemptions are the Maine Yankee to have the training canister manufacturer’s Certificate of same exemptions as have been program limited to its storage system. Compliance. A copy of this document previously reviewed and approved by This exemption is categorically will be provided to the State of Maine the NRC as discussed in this document. excluded from further environmental prior to publication in the Federal Continuing to apply the exemptions review in accordance with 10 CFR Register. would provide for consistent and 51.22(c)(25)(i–v) and (vi)(E). efficient regulation of the NAC–UMS® Environmental Assessment System casks at the Maine Yankee 3. Appendix A, Section A.5.5, Radioactive Identification of Proposed Action: The ISFSI. Further, the alternative of Effluent Control Program. This exemption is proposed action is the granting of four denying the exemption request would from the requirement to submit an annual previously approved exemptions from report pursuant to 10 CFR 72.44(d)(3) or 10 impose an administrative burden on CFR 50.36(a). This exemption was previously the requirements of 10 CFR 72.212(a)(2), Maine Yankee and the NRC that would approved by letter dated January 4, 2005, 72.212(b)(3), 72.212(b)(5)(i), not provide a significant safety benefit. with the environmental assessment noticed 72.212(b)(11), and 72.214. These Therefore, the NRC has concluded that in the Federal Register on January 4, 2005. sections of the NRC regulations require

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compliance with the terms, conditions, Limiting Condition of Operation 3.1.4 approval of the exemptions would not and specifications of the NAC–UMS® for one canister, NAC–UMS–TSC–790– increase the probability or consequences System CoC No. 1015 for spent fuel 016. The affected storage canister had a of accidents, no changes would be made storage at Maine Yankee’s ISFSI. This heat load of 9.59kW, and was placed in to the types of effluents released offsite, action will allow Maine Yankee to apply a transfer cask for a total of 43 days and there would be no increase in the changes authorized by Amendment between December 28, 2002, and occupational or public radiation No. 6 to CoC No. 1015 to the casks at February 18, 2003. At that time the exposure. Therefore, there are no Maine Yankee’s ISFSI. Two of the four Maine Yankee ISFSI operated under the significant radiological environmental exemptions requested by Maine Yankee provisions of CoC No. 1015, impacts associated with the action. are categorically excluded from the Amendment No. 2, and the Limiting Additionally, the proposed action requirement to conduct an Condition of Operation 3.1.4 time limit would not involve any construction or environmental assessment, as discussed for a canister having a content decay other ground disturbing activities, earlier in this document, and are not heat load of less than or equal to 14kW would not change the footprint of the further discussed in this section. This was unlimited. During this period, the existing ISFSI, and would have no other environmental assessment discussion storage canister was in full compliance significant non-radiological impacts. focuses on the two remaining with CoC No. 1015, Amendment No. 2, The ISFSI is located on previously exemptions: and its stored spent fuel was maintained disturbed land so it is unlikely to create 1. Appendix A, Section A.3.1.4, Canister in a safe condition during the time the any significant impact on aquatic or Maximum Time in Transfer Cask. This canister was in the transfer cask. The terrestrial habitat in the vicinity of the exemption is from the requirement to comply transfer of the loaded canister was plant or to threatened, endangered, or with the 25-day requirement in Limiting completed in a safe manner to ensure protected species under the Endangered Condition of Operation 3.1.4 for canister, the transfer cask was not used as a long- Species Act, or to essential fish habitat NAC–UMS–TSC–790–016. This exemption term storage device. covered by the Magnuson-Stevens Act. was previously approved by the NRC by The requested exemption from Approval of the exemptions is not the letter dated July 14, 2010, with the environmental assessment noticed in the Appendix B, Section B.3.4.2.6 is an type of activity that has the potential to Federal Register on June 15, 2010. exemption from the requirement to cause effects on historic or cultural 2. Appendix B, Section B.3.4.2.6. This maintain a coefficient of friction on the properties, assuming such properties are exemption is from the requirement to ISFSI pad surface of at least 0.5. As present at the site. maintain a coefficient of friction on the ISFSI discussed in the Federal Register notice Alternative to the Proposed Action: pad surface of at least 0.5. This exemption published on January 30, 2004, Maine The alternative to the proposed action was previously approved by the NRC by Yankee requested the exemption to would be to deny approval of the letter dated February 1, 2004, with the address winter icing conditions that exemptions. This alternative would also environmental assessment noticed in the Federal Register on January 30, 2004. The could result in a reduced coefficient of have no significant environmental exemption was approved again by letter friction between the vertical concrete impact. Since there is no significant dated July 14, 2010, with the environmental cask and the ISFSI pad surface, and environmental impact associated with assessment noticed in the Federal Register limited vertical concrete cask sliding the proposed action, any alternatives on June 15, 2010. during a design-basis earthquake. The with equal or greater environmental Need for Proposed Action: Maine NRC previously reviewed the impact were not evaluated. Yankee has requested continuation of evaluations provided by Maine Yankee Given that there are no significant these exemptions so that it can register and found reasonable assurance that the differences in environmental impact its casks to Amendment No. 6 to CoC design-basis earthquake will not result between the proposed action and the ® No. 1015 for the NAC–UMS® System. in significant sliding of the NAC–UMS alternative considered, and that there The regulations in 10 CFR 72.212(b)(4) System vertical concrete casks. The NRC are no changes in the conditions under require the general licensee to register evaluated the magnitude of the impact which the exemptions were previously each cask with the NRC no later than 30 load between two colliding vertical approved, the NRC concludes that the days after applying the changes concrete casks and determined that the preferred alternative is to grant the authorized by an amended CoC. impact load would be far less severe exemptions. Environmental Impacts of the Action: than that encountered in a tip-over ® Finding of No Significant Impact Amendment No. 6 to CoC No. 1015 has accident for which the NAC–UMS been previously evaluated by the NRC System has been demonstrated to be The environmental impacts of the and its adoption by Maine Yankee structurally adequate. The NRC exemptions were previously reviewed presents no additional radiological determined that not maintaining a and determined to have no significant environmental impacts. The two coefficient of friction between the environmental impact. There have been exemptions are related to sections in the vertical concrete cask and the ISFSI pad no changes to the conditions under technical specifications that were not surface of at least 0.5 is consistent with which the previous review was revised as part of Amendment No. 6 to the safety analyses previously evaluated approved. Based upon the foregoing the CoC No. 1015 of the NAC–UMS® for the NAC–UMS® System, would have discussion and the previous approvals, System. An environmental assessment no impact on the design basis, and the NRC finds that the exemptions will for these two exemptions was would have no impact on off-site doses. not significantly impact the quality of conducted for the previous approvals, as Therefore, the NRC concluded that the the human environment. requested changes would not pose an noted above, and is summarized below. IV. Availability of Documents The requested exemption from increased risk to public health and Appendix A, Section A.3.1.4, ‘‘Canister safety. The documents identified in the Maximum Time in Transfer Cask’’ is an The NRC evaluated the impact to following table are available to exemption from the requirement to public safety that would result from the interested persons through one or more comply with the 25-day requirement in proposed action and determined that of the following methods, as indicated.

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ADAMS accession No. or Document Federal Register citation

NAC–UMS® System Certificate of Compliance No. 1015, effective November 20, 2000 ...... ML090120408 Letter from J. Stanley Brown, P.E., Maine Yankee, dated January 21, 2019 ...... ML19031B341 Letter from J. Stanley Brown, P.E., Maine Yankee, dated April 11, 2019 ...... ML19112A024 Letter from J. Goshen, P.E., NRC, to J. Connell, Maine Yankee, dated July 14, 2010 ...... ML101960072 Federal Register notice, ‘‘Issuance of Environmental Assessment and finding of No Significant Impact,’’ dated June 15, 2010 ...... 75 FR 33853 Letter from L. Camper, NRC, to T. Williamson, Maine Yankee, dated January 4, 2005 ...... ML050050209 Federal Register notice, ‘‘Maine Yankee Atomic Power Company, Maine Yankee Independent Spent Fuel Storage Installa- tion, Issuance of Environmental Assessment and Finding of No Significant Impact,’’ dated January 4, 2005 ...... 70 FR 396 Letter from L. Camper, NRC, to T. Williamson, Maine Yankee, dated February 1, 2004 ...... ML040350797 Federal Register notice, ‘‘Maine Yankee Atomic Power Company, Maine Yankee Independent Spent Fuel Storage Installa- tion, Issuance of Environmental Assessment and Finding of No Significant Impact for a Proposed Exemption,’’ dated Jan- uary 30, 2004 ...... 69 FR 4543 Letter from P.J. Dostie, Maine Department of Health and Human Services, to the NRC, dated January 29, 2019 ...... ML19038A057

The NRC may post materials related SMALL BUSINESS ADMINISTRATION Santee Sioux Nation, and the to this document, including public Winnebago Tribe of Nebraska comments, on the Federal rulemaking [Disaster Declaration #15927 and #15928; within the designated counties. NEBRASKA Disaster Number NE–00074] website at https://www.regulations.gov All other information in the original under Docket ID NRC–2019–0116. The Presidential Declaration Amendment of declaration remains unchanged. Federal rulemaking website allows you a Major Disaster for Public Assistance (Catalog of Federal Domestic Assistance to receive alerts when changes or Only for the State of NEBRASKA Number 59008) additions occur in a docket folder. To subscribe: (1) Navigate to the docket AGENCY: U.S. Small Business Rafaela Monchek, folder (NRC–2019–0116); (2) click the Administration. Acting Associate Administrator for Disaster Assistance. ‘‘Sign up for Email Alerts’’ link; and (3) ACTION: Amendment 4. enter your email address and select how [FR Doc. 2019–14657 Filed 7–9–19; 8:45 am] SUMMARY: This is an amendment of the BILLING CODE 8026–03–P frequently you would like to receive Presidential declaration of a major emails (daily, weekly, or monthly). disaster for Public Assistance Only for V. Conclusion the State of NEBRASKA (FEMA–4420– SMALL BUSINESS ADMINISTRATION DR), dated 04/05/2019. Based on the above considerations, Incident: Severe Winter Storm, [Disaster Declaration #15929 and #15930; the NRC has determined that, pursuant Straight-line Winds, and Flooding. IOWA Disaster Number IA–00087] to 10 CFR 72.7, the exemptions are Incident Period: 03/09/2019 through authorized by law, will not endanger 04/01/2019. Presidential Declaration Amendment of life or property or the common defense DATES: Issued on 06/28/2019. a Major Disaster for Public Assistance and security, and are otherwise in the Physical Loan Application Deadline Only for the State of Iowa public interest. Therefore, the NRC Date: 06/04/2019. AGENCY: U.S. Small Business grants the exemptions from the Economic Injury (EIDL) Loan Administration. Application Deadline Date: 01/06/2020. requirements of 10 CFR 72.212(a)(2), ACTION: Amendment 7. 72.212(b)(3), 72.212(b)(5)(i), ADDRESSES: Submit completed loan 72.212(b)(11), and 72.214. applications to: U.S. Small Business SUMMARY: This is an amendment of the These exemptions are effective upon Administration, Processing and Presidential declaration of a major publication. Disbursement Center, 14925 Kingsport disaster for Public Assistance Only for Road, Fort Worth, TX 76155. the State of IOWA (FEMA–4421–DR), Dated at Rockville, Maryland, this 5th day FOR FURTHER INFORMATION CONTACT: A. dated 04/05/2019. of July 2019. Escobar, Office of Disaster Assistance, Incident: Severe Storms and Flooding. For the Nuclear Regulatory Commission. U.S. Small Business Administration, Incident Period: 03/12/2019 through John B. McKirgan, 409 3rd Street SW, Suite 6050, 06/15/2019. Chief, Spent Fuel Licensing Branch, Division Washington, DC 20416, (202) 205–6734. DATES: Issued on 07/02/2019. of Spent Fuel Management, Office of Nuclear SUPPLEMENTARY INFORMATION: The notice Physical Loan Application Deadline Materials Safety and Safeguards. of the President’s major disaster Date: 06/04/2019. [FR Doc. 2019–14711 Filed 7–9–19; 8:45 am] declaration for Private Non-Profit Economic Injury (EIDL) Loan BILLING CODE 7590–01–P organizations in the State of Application Deadline Date: 01/06/2020. NEBRASKA, dated 04/05/2019, is ADDRESSES: Submit completed loan hereby amended to include the applications to: U.S. Small Business following areas as adversely affected by Administration, Processing and the disaster. Disbursement Center, 14925 Kingsport Primary Counties: Cherry, Nuckolls, Road, Fort Worth, TX 76155. Scotts Bluff, and the Omaha Tribe FOR FURTHER INFORMATION CONTACT: A. of Nebraska, Sac and Fox Nation of Escobar, Office of Disaster Assistance, Missouri in Kansas and Nebraska, U.S. Small Business Administration,

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409 3rd Street SW, Suite 6050, (Catalog of Federal Domestic Assistance SURFACE TRANSPORTATION BOARD Washington, DC 20416, (202) 205–6734. Number 59008) Release of Waybill Data SUPPLEMENTARY INFORMATION: The notice Rafaela Monchek, of the President’s major disaster Acting Associate Administrator for Disaster The Surface Transportation Board declaration for Private Non-Profit Assistance. (Board) has received a request from organizations in the State of IOWA, [FR Doc. 2019–14655 Filed 7–9–19; 8:45 am] three researchers at NC State University dated 04/05/2019, is hereby amended to BILLING CODE 8026–03–P (WB19–31—6/20/19) for permission to include the following areas as adversely use select data from the Board’s 1990– affected by the disaster. 2017 Unmasked Carload Waybill Primary Counties: Floyd, Keokuk, SMALL BUSINESS ADMINISTRATION Sample. A copy of this request may be Wapello. [Disaster Declaration #16000 and #16001; obtained from the Board’s website under Ohio Disaster Number OH–00057] docket no. WB19–31. All other information in the original The waybill sample contains declaration remains unchanged. Presidential Declaration Amendment of confidential railroad and shipper data; (Catalog of Federal Domestic Assistance a Major Disaster for the State of Ohio therefore, if any parties object to these Number 59008) requests, they should file their AGENCY: U.S. Small Business objections with the Director of the Rafaela Monchek, Administration. Board’s Office of Economics within 14 Acting Associate Administrator for Disaster ACTION: Amendment 1. calendar days of the date of this notice. Assistance. The rules for release of waybill data are [FR Doc. 2019–14656 Filed 7–9–19; 8:45 am] SUMMARY: This is an amendment of the codified at 49 CFR 1244.9. BILLING CODE 8026–03–P Presidential declaration of a major Contact: Alexander Dusenberry, (202) disaster for the State of Ohio (FEMA– 245–0319. 4447–DR), dated 06/18/2019. SMALL BUSINESS ADMINISTRATION Incident: Severe Storms, Straight-line Tammy Lowery, Winds, Tornadoes, Flooding, and Clearance Clerk. [Disaster Declaration #15898 and #15899; Landslides. [FR Doc. 2019–14652 Filed 7–9–19; 8:45 am] IOWA Disaster Number IA–00086] Incident Period: 05/27/2019 through BILLING CODE 4915–01–P 05/29/2019. Presidential Declaration Amendment of DATES: a Major Disaster for the State of IOWA Issued on 07/02/2019. Physical Loan Application Deadline DEPARTMENT OF TRANSPORTATION AGENCY: Date: 08/19/2019. U.S. Small Business Federal Highway Administration Administration. Economic Injury (EIDL) Loan Application Deadline Date: 03/18/2020. ACTION: Amendment 7. Notice of Final Federal Agency Actions ADDRESSES: Submit completed loan of Proposed Highway Improvement in SUMMARY: This is an amendment of the applications to: U.S. Small Business California Presidential declaration of a major Administration, Processing and disaster for the State of IOWA (FEMA– Disbursement Center, 14925 Kingsport AGENCY: Federal Highway 4421–DR), dated 03/23/2019. Road, Fort Worth, TX 76155. Administration (FHWA), Department of Transportation (DOT). Incident: Severe Storms and Flooding. FOR FURTHER INFORMATION CONTACT: A. Incident Period: 03/12/2019 through Escobar, Office of Disaster Assistance, ACTION: Notice of limitation on claims 06/15/2019. U.S. Small Business Administration, for judicial review of actions by the California Department of Transportation DATES: Issued on 07/01/2019. 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. (Caltrans), and Federal Highway Physical Loan Application Deadline Administration pursuant to 23 U.S.C. SUPPLEMENTARY INFORMATION: The notice Date: 07/16/2019. 327. Economic Injury (EIDL) Loan of the President’s major disaster Application Deadline Date: 12/23/2019. declaration for the State of Ohio, dated SUMMARY: The FHWA, on behalf of 06/18/2019, is hereby amended to Caltrans, is issuing this notice to ADDRESSES: Submit completed loan include the following areas as adversely announce actions taken by Caltrans, that applications to: U.S. Small Business affected by the disaster: are final within the meaning of the Administration, Processing and United States Code. The actions relate to Disbursement Center, 14925 Kingsport Primary Counties (Physical Damage and the proposed VEN–1 Slope Restoration Road, Fort Worth, TX 76155. Economic Injury Loans): Mahoning. Contiguous Counties (Economic Injury Project on State Route 1 (SR–1) at post FOR FURTHER INFORMATION CONTACT: A. Loans Only): mile (PM) 4.0 and 4.2 within the County Escobar, Office of Disaster Assistance, Ohio: Columbiana, Portage, Stark, of Ventura, State of California. Those U.S. Small Business Administration, Trumbull. actions grant licenses, permits, and 409 3rd Street SW, Suite 6050, Pennsylvania: Lawrence, Mercer. approvals for the project. Washington, DC 20416, (202) 205–6734. All other information in the original DATES: By this notice, the FHWA, on SUPPLEMENTARY INFORMATION: The notice declaration remains unchanged. behalf of Caltrans, is advising the public of the President’s major disaster (Catalog of Federal Domestic Assistance of final agency actions subject to 23 declaration for the State of IOWA, dated Number 59008) U.S.C. 139(l)(1). A claim seeking 03/23/2019, is hereby amended to judicial review of the Federal Agency extend the deadline for filing Rafaela Monchek, Actions on the highway project will be applications for physical damages as a Acting Associate Administrator for Disaster barred unless the claim is filed on or result of this disaster to 07/16/2019. Assistance. before December 9, 2019. If the Federal All other information in the original [FR Doc. 2019–14658 Filed 7–9–19; 8:45 am] law that authorizes judicial review of a declaration remains unchanged. BILLING CODE 8026–03–P claim provides a time period of less

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than 150 days for filing such claim, then (9) Executive Order 13112, Invasive Pacific Standard Time, telephone (530) that shorter time period still applies. Species; 741–4134 or email kelly.mcnally@ FOR FURTHER INFORMATION CONTACT: For (10) Migratory Bird Treaty Act; dot.ca.gov. For FHWA, contact David Caltrans: Lourdes Ortega, Senior (11) Fish and Wildlife Coordination Tedrick at (916) 498–5024 or email Environmental Planner, Division of Act of 1934, as amended; [email protected]. Environmental Planning, California (12) Coastal Zone Management Act of SUPPLEMENTARY INFORMATION: Effective Department of Transportation—District 1972; July 1, 2007, the Federal Highway (13) Title VI of the Civil Rights Act of 7, 100 South Main Street, Los Angeles, Administration (FHWA) assigned, and 1964, as amended. CA 90012. Office hours: 8 a.m. to 5 p.m., the California Department of telephone: (213) 897–9572, email: (Catalog of Federal Domestic Assistance Transportation (Caltrans) assumed, [email protected]. For FHWA, Program Number 20.205, Highway Planning environmental responsibilities for this contact David Tedrick at (916) 498–5024 and Construction. The regulations project pursuant to 23 U.S.C. 327. implementing Executive Order 12372 or email [email protected]. Notice is hereby given that Caltrans has regarding intergovernmental consultation on taken final agency actions subject to 23 SUPPLEMENTARY INFORMATION: Effective Federal Programs and activities apply to this July 1, 2007, FHWA assigned, and the program.) U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following California Department of Transportation Authority: 23 U.S.C. 139(l)(1) (Caltrans) assumed, environmental highway project in the State of responsibilities for this project pursuant Issued on: July 2, 2019. California. Caltrans proposes a safety project to 23 U.S.C. 327. Notice is hereby given Tashia J. Clemons, along a 9.6-mile portion of State Route that Caltrans and has taken final agency Director, Planning and Environment, Federal 70 (SR 70) from Laurellen Road to actions subject to 23 U.S.C. 139(l)(1) by Highway Administration, Sacramento, Honcut Creek Bridge in Yuba County. issuing licenses, permits, and approvals California. The safety project is intended to for the following highway project in the [FR Doc. 2019–14552 Filed 7–9–19; 8:45 am] significantly reduce traffic fatalities, State of California. Caltrans proposes to BILLING CODE 4910–RY–P reduce injury-type collisions, and construct two secant walls at post mile address operational needs by bringing (PM) 4.0 and PM 4.2 on SR–1 in Ventura DEPARTMENT OF TRANSPORTATION SR 70 up to current design standards County to serve as a permanent and improve overall safety within the stabilization of the slope and Federal Highway Administration project limits. corresponding roadway from wave The actions by the Federal agencies, induced slope erosion. The actions by Notice of Final Federal Agency Actions and the laws under which such actions the Federal agencies, and the laws on Proposed Highway in California were taken, are described in the Final under which such actions were taken, Environmental Assessment (FEA)/ are described in the Final Initial Study AGENCY: Federal Highway Administration (FHWA), DOT. Finding of No Significant Impact (IS)/Environmental Analysis (EA) with (FONSI) for the project, issued June 20, ACTION: Negative Declaration (ND)/Finding of Notice of limitation on claims 2019, and in other documents in No Significant Impact (FONSI) for judicial review of actions by the Caltrans’ project records. The FEA, approved on June 28, 2019, and in other California Department of Transportation FONSI and other project records are documents in the FHWA project (Caltrans), pursuant to 23 U.S.C. 327. available by contacting Caltrans at the records. The Final IS/EA with ND/ SUMMARY: addresses provided above. The Caltrans FONSI, and other project records are The FHWA, on behalf of Caltrans, is issuing this notice to FEA, FONSI and other project records available by contacting Caltrans at the can be viewed and downloaded from addresses provided above. The Caltrans announce actions taken by Caltrans, that are final within the meaning of the the project website at http:// Final IS/EA with ND/FONSI can be www.dot.ca.gov/d3/projects/ viewed and downloaded from the United States Code. The actions relate to a proposed highway safety project along subprojects/4F380/index.html. project website at: https://dot.ca.gov/ This notice applies to all Federal caltrans-near-me/district-7/district-7- State Route 70 in the County of Yuba, State of California. Those actions grant agency decisions as of the issuance date programs/d7-environmental-docs or of this notice and all laws under which viewed at public libraries in the project licenses, permits, and approvals for the project. such actions were taken, including but area. This notice applies to all Federal not limited to: agency decisions as of the issuance date DATES: By this notice, the FHWA, on behalf of Caltrans, is advising the public 1. Council on Environmental Quality of this notice and all laws under which Regulations such actions were taken, including but of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking 2. National Environmental Policy Act of not limited to: 1969, as amended, 42 U.S.C. 4321 et (1) National Environmental Policy Act judicial review of the Federal agency actions on the highway project will be seq. (NEPA) of 1969; 3. Federal-Aid Highway Act of 1970, 23 barred unless the claim is filed on or (2) Federal Aid Highway Act of 1970; U.S.C. 109 (3) U.S. EPA Section 404(b)(1) before December 9, 2019. If the Federal 4. MAP–21, the Moving Ahead for Guidelines (40 Code of Federal law that authorizes judicial review of a Progress in the 21st Century Act Regulations [CFR] 230); claim provides a time period of less (P.L. 112–141) (4) Clean Air Act Amendments of than 150 days for filing such claim, then 5. Clean Air Act Amendments of 1990 1990 (CAAA); that shorter time period still applies. (CAAA) (5) Clean Water Act of 1977 and 1987; FOR FURTHER INFORMATION CONTACT: For 6. Clean Water Act of 1977 and 1987 (6) Federal Water Pollution Control Caltrans: Kelly McNally, Branch Chief, 7. Federal Water Pollution Control Act Act of 1972 (see Clean Water Act of Caltrans Office of Environmental of 1972 (see Clean Water Act of 1977 & 1987); Management, M–2, California 1977 & 1987) (7) Safe Drinking Water Act of 1944, Department of Transportation-District 3, 8. Federal Land Policy and Management as amended; 703 B Street, Marysville, CA 95901 Act of 1976 (Paleontological (8) Endangered Species Act of 1973; Office Hours: 8:00 a.m.—5:00 p.m., Resources)

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9. Noise Control Act of 1972 Correspondence Project Committee will Committee Act, 5 U.S.C. App. (1988) 10. Safe Drinking Water Act of 1944, as be conducted. The Taxpayer Advocacy that an open meeting of the Taxpayer amended Panel is soliciting public comments, Advocacy Panel’s Taxpayer Assistance 11. Endangered Species Act of 1973 ideas, and suggestions on improving Center Project Committee will be held 12. Executive Order 11990, Protection of customer service at the Internal Revenue Thursday, August 8, 2019, at 3:00 p.m. Wetlands Service. Eastern Time. The public is invited to 13. Executive Order 13112, Invasive DATES: The meeting will be held make oral comments or submit written Species Wednesday, August 14, 2019. statements for consideration. Due to 14. Executive Order 13186, Migratory FOR FURTHER INFORMATION CONTACT: limited time and structure of meeting, Birds Antoinette Ross at 1–888–912–1227 or notification of intent to participate must 15. Fish and Wildlife Coordination Act 202–317–4110. be made with Matthew O’Sullivan. For of 1934, as amended SUPPLEMENTARY INFORMATION: more information please contact 16. Migratory Bird Treaty Act Notice is hereby given pursuant to Section Matthew O’Sullivan at 1–888–912–1227 17. Water Bank Act Wetlands Mitigation or (510) 907–5274, or write TAP Office, Banks, ISTEA 1991, Sections 1006– 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 1301 Clay Street, Oakland, CA 94612– 1007 5217 or contact us at the website: http:// 18. Wildflowers, Surface Transportation that an open meeting of the Taxpayer Advocacy Panel’s Notices and www.improveirs.org. The agenda will and Uniform Relocation Act of 1987 include various IRS issues. Section 130 Correspondence Project Committee will 19. Coastal Zone Management Act of be held Wednesday, August 14, 2019, at Dated: July 5, 2019. 1972 11:00 a.m. Eastern Time. The public is Kevin Brown, 20. Coastal Zone Management Act invited to make oral comments or Acting Director, Taxpayer Advocacy Panel. Reauthorization Amendments of submit written statements for [FR Doc. 2019–14700 Filed 7–9–19; 8:45 am] 1990 consideration. Due to limited time and BILLING CODE 4830–01–P 21. Executive Order 11988, Floodplain structure of meeting, notification of Management intent to participate must be made with 22. Department of Transportation (DOT) Antoinette Ross. For more information DEPARTMENT OF THE TREASURY Executive Order 5650.2— please contact Antoinette Ross at 1– Floodplain Management and 888–912–1227 or 202–317–4110, or Internal Revenue Service Protection (April 23, 1979) write TAP Office, 1111 Constitution Open Meeting of the Taxpayer 23. Rivers and Harbors Appropriation Ave. NW, Room 1509, Washington, DC Advocacy Panel Taxpayer Act of 1899, Sections 9 and 10 20224 or contact us at the website: Communications Project Committee 24. Title VI of the Civil Rights Act of http://www.improveirs.org. The agenda 1964, as amended will include various IRS issues. AGENCY: Internal Revenue Service (IRS), 25. Executive Order 12898, Federal Dated: July 5, 2019. Treasury. Actions to Address Environmental Kevin Brown, ACTION: Notice of meeting. Justice and Low-Income Acting Director, Taxpayer Advocacy Panel. Populations SUMMARY [FR Doc. 2019–14704 Filed 7–9–19; 8:45 am] : An open meeting of the Taxpayer Advocacy Panel’s Taxpayer (Catalog of Federal Domestic Assistance BILLING CODE 4830–01–P Program Number 20.205, Highway Planning Communications Project Committee will and Construction. The regulations be conducted. The Taxpayer Advocacy implementing Executive Order 12372 DEPARTMENT OF THE TREASURY Panel is soliciting public comments, regarding intergovernmental consultation on ideas, and suggestions on improving Federal programs and activities apply to this Internal Revenue Service customer service at the Internal Revenue program.) Service. Authority: 23 U.S.C. 139(l)(1). Open Meeting of the Taxpayer DATES: The meeting will be held Issued on: July 2, 2019. Advocacy Panel Taxpayer Assistance Tuesday, August 13, 2019. Center Project Committee Tashia J. Clemons, FOR FURTHER INFORMATION CONTACT: Director, Planning and Environment, Federal AGENCY: Internal Revenue Service (IRS), Conchata Holloway at 1–888–912–1227 Highway Administration, Sacramento, Treasury. or (336) 690–6217. California. ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: Notice is [FR Doc. 2019–14554 Filed 7–9–19; 8:45 am] hereby given pursuant to Section BILLING CODE 4910–RY–P SUMMARY: An open meeting of the 10(a)(2) of the Federal Advisory Taxpayer Advocacy Panel’s Taxpayer Committee Act, 5 U.S.C. App. (1988) Assistance Center Project Committee that a meeting of the Taxpayer DEPARTMENT OF THE TREASURY will be conducted. The Taxpayer Advocacy Panel’s Taxpayer Advocacy Panel is soliciting public Communications Project Committee will Internal Revenue Service comments, ideas, and suggestions on be held Tuesday, August 13, 2019, at improving customer service at the 3:00 p.m. Eastern Time. The public is Open Meeting of the Taxpayer Internal Revenue Service. invited to make oral comments or Advocacy Panel’s Notices and DATES: The meeting will be held submit written statements for Correspondence Project Committee Thursday, August 8, 2019. consideration. Due to limited time and AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: structure of meeting, notification of Treasury. Matthew O’Sullivan at 1–888–912–1227 intent to participate must be made with or (510) 907–5274. ACTION: Notice of meeting. Conchata Holloway. For more SUPPLEMENTARY INFORMATION: Notice is information please contact Conchata SUMMARY: An open meeting of the hereby given pursuant to Section Holloway at 1–888–912–1227 or (336) Taxpayer Advocacy Panel’s Notices and 10(a)(2) of the Federal Advisory 690–6217, or write TAP Office, 4905

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Koger Blvd., Greensboro, NC 27407 or DEPARTMENT OF THE TREASURY be conducted. The Taxpayer Advocacy contact us at the website: http:// Panel is soliciting public comments, www.improveirs.org. The agenda will Internal Revenue Service ideas, and suggestions on improving include various IRS issues. customer service at the Internal Revenue Open Meeting of the Taxpayer Service. Dated: July 5, 2019. Advocacy Panel’s Toll-Free Phone Line DATES: The meeting will be held Kevin Brown, Project Committee Wednesday, August 14, 2019. Acting Director, Taxpayer Advocacy Panel. AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: [FR Doc. 2019–14701 Filed 7–9–19; 8:45 am] Treasury. Robert Rosalia at 1–888–912–1227 or BILLING CODE 4830–01–P ACTION: Notice of meeting. (718) 834–2203. SUPPLEMENTARY INFORMATION: Notice is SUMMARY: An open meeting of the hereby given pursuant to Section DEPARTMENT OF THE TREASURY Taxpayer Advocacy Panel’s Toll-Free 10(a)(2) of the Federal Advisory Phone Line Project Committee will be Internal Revenue Service Committee Act, 5 U.S.C. App. (1988) conducted. The Taxpayer Advocacy that a meeting of the Taxpayer Panel is soliciting public comments, Advocacy Panel’s Tax Forms and Open Meeting of the Taxpayer ideas, and suggestions on improving Advocacy Panel Joint Committee Publications Project Committee will be customer service at the Internal Revenue held Wednesday, August 14, 2019, at Service. AGENCY: Internal Revenue Service (IRS), 2:00 p.m. Eastern Time. The public is Treasury. DATES: The meeting will be held invited to make oral comments or Wednesday, August 14, 2019. submit written statements for ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: consideration. Due to limited time and Rosalind Matherne at 1–888–912–1227 structure of meeting, notification of SUMMARY: An open meeting of the or 202–317–4115. intent to participate must be made with Taxpayer Advocacy Panel Joint SUPPLEMENTARY INFORMATION: Notice is Robert Rosalia. For more information Committee will be conducted. The hereby given pursuant to Section please contact Robert Rosalia at 1–888– Taxpayer Advocacy Panel is soliciting 10(a)(2) of the Federal Advisory 912–1227 or (718) 834–2203, or write public comments, ideas, and Committee Act, 5 U.S.C. App. (1988) TAP Office, 2 Metrotech Center, 100 suggestions on improving customer that an open meeting of the Taxpayer Myrtle Avenue, Brooklyn, NY 11201 or service at the Internal Revenue Service. Advocacy Panel Toll-Free Phone Line contact us at the website: http:// www.improveirs.org. The agenda will DATES: The meeting will be held Project Committee will be held include various IRS issues. Thursday, August 29, 2019. Wednesday, August 14, 2019, 12:00 p.m. Eastern Time. The public is invited Dated: July 5, 2019. FOR FURTHER INFORMATION CONTACT: to make oral comments or submit Kevin Brown, Matthew O’Sullivan at 1–888–912–1227 written statements for consideration. Acting Director, Taxpayer Advocacy Panel. or (510) 907–5274. Due to limited time and structure of [FR Doc. 2019–14705 Filed 7–9–19; 8:45 am] meeting, notification of intent to SUPPLEMENTARY INFORMATION: Notice is BILLING CODE 4830–01–P hereby given pursuant to Section participate must be made with Rosalind 10(a)(2) of the Federal Advisory Matherne. For more information please Committee Act, 5 U.S.C. App. (1988) contact Rosalind Matherne at 1–888– DEPARTMENT OF THE TREASURY that an open meeting of the Taxpayer 912–1227 or 202–317–4115, or write Advocacy Panel Joint Committee will be TAP Office, 1111 Constitution Ave. NW, Internal Revenue Service held Thursday, August 29, 2019, at 1:30 Room 1509, Washington, DC 20224 or p.m. Eastern Time via teleconference. contact us at the website: http:// Open Meeting of the Taxpayer The public is invited to make oral www.improveirs.org. The agenda will Advocacy Panel Joint Committee comments or submit written statements include various IRS issues. AGENCY: Internal Revenue Service (IRS), for consideration. Due to limited time Dated: July 5, 2019. Treasury. and structure of meeting, notification of Kevin Brown, ACTION: Notice of meeting. intent to participate must be made with Acting Director, Taxpayer Advocacy Panel. SUMMARY: An open meeting of the Matthew O’Sullivan. For more [FR Doc. 2019–14703 Filed 7–9–19; 8:45 am] information please contact Matthew Taxpayer Advocacy Panel Joint BILLING CODE 4830–01–P O’Sullivan at 1–888–912–1227 or (510) Committee will be conducted. The 907–5274, or write TAP Office, 1301 Taxpayer Advocacy Panel is soliciting Clay Street, Oakland, CA 94612–5217 or DEPARTMENT OF THE TREASURY public comments, ideas, and contact us at the website: http:// suggestions on improving customer www.improveirs.org. The agenda will Internal Revenue Service service at the Internal Revenue Service. include various IRS issues. DATES: The meeting will be held Open Meeting of the Taxpayer The agenda will include various Tuesday, August 13, 2019 and Advocacy Panel’s Tax Forms and committee issues for submission to the Wednesday, August 14, 2019. Publications Project Committee IRS and other TAP related topics. Public FOR FURTHER INFORMATION CONTACT: input is welcomed. AGENCY: Internal Revenue Service (IRS), Matthew O’Sullivan at 1–888–912–1227 or (510) 907–5274. Dated: July 5, 2019. Treasury. ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: Notice is Kevin Brown, hereby given pursuant to Section Acting Director, Taxpayer Advocacy Panel. SUMMARY: An open meeting of the 10(a)(2) of the Federal Advisory [FR Doc. 2019–14699 Filed 7–9–19; 8:45 am] Taxpayer Advocacy Panel’s Tax Forms Committee Act, 5 U.S.C. App. (1988) BILLING CODE 4830–01–P and Publications Project Committee will that an open meeting of the Taxpayer

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Advocacy Panel Joint Committee will be DEPARTMENT OF THE TREASURY that an open meeting of the Taxpayer held Tuesday, August 12, 2019, from Advocacy Panel’s Special Projects 8:00 a.m. to 4:30 p.m. Mountain Time Internal Revenue Service Committee will be held Thursday, and Wednesday, August 13, 2019, from August 8, 2019, at 11:00 a.m. Eastern Open Meeting of the Taxpayer 8:00 a.m. to 4:30 p.m. Mountain Time. Time. The public is invited to make oral Advocacy Panel’s Special Projects The public is invited to make oral comments or submit written statements Committee comments or submit written statements for consideration. Due to limited time for consideration. Due to limited time AGENCY: Internal Revenue Service (IRS), and structure of meeting, notification of and structure of meeting, notification of Treasury. intent to participate must be made with intent to participate must be made with ACTION: Notice of meeting. Fred Smith. For more information Matthew O’Sullivan. For more please contact Fred Smith at 1–888– information please contact Matthew SUMMARY: An open meeting of the 912–1227 or (202) 317–3087, or write O’Sullivan at 1–888–912–1227 or (510) Taxpayer Advocacy Panel’s Special TAP Office, 1111 Constitution Ave. NW, 907–5274, or write TAP Office, 1301 Projects Committee will be conducted. Room 1509, Washington, DC 20224 or Clay Street, Oakland, CA 94612–5217 or The Taxpayer Advocacy Panel is contact us at the website: http:// soliciting public comments, ideas, and contact us at the website: http:// www.improveirs.org. The agenda will suggestions on improving customer www.improveirs.org. include various IRS issues. service at the Internal Revenue Service. Dated: July 5, 2019. The agenda will include various DATES: The meeting will be held Kevin Brown, committee issues for submission to the Thursday, August 8, 2019. IRS and other TAP related topics. Public Acting Director, Taxpayer Advocacy Panel. FOR FURTHER INFORMATION CONTACT: Fred input is welcomed. [FR Doc. 2019–14702 Filed 7–9–19; 8:45 am] Smith at 1–888–912–1227 or (202) 317– BILLING CODE 4830–01–P Dated: July 5, 2019. 3087. Kevin Brown, SUPPLEMENTARY INFORMATION: Notice is Acting Director, Taxpayer Advocacy Panel. hereby given pursuant to Section [FR Doc. 2019–14706 Filed 7–9–19; 8:45 am] 10(a)(2) of the Federal Advisory BILLING CODE 4830–01–P Committee Act, 5 U.S.C. App. (1988)

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Reader Aids Federal Register Vol. 84, No. 132 Wednesday, July 10, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 91...... 31747 Presidential Documents 3 CFR 121...... 31747 Executive orders and proclamations 741–6000 Proclamations: 125...... 31747 The United States Government Manual 741–6000 9907...... 32013 135...... 31747 Administrative Orders: Other Services Memorandums: 15 CFR Electronic and on-line services (voice) 741–6020 Memorandum of June 922...... 32586 Privacy Act Compilation 741–6050 26, 2019 ...... 31457 16 CFR 7 CFR ELECTRONIC RESEARCH 609...... 31180 701...... 32839 Proposed Rules: 1222...... 31459 World Wide Web 1112...... 32346 1710...... 32607 1239...... 32346 Full text of the daily Federal Register, CFR and other publications 1714...... 32607 is located at: www.govinfo.gov. 1717...... 32607 17 CFR 1724...... 32607 Federal Register information and research tools, including Public 210...... 32040 1726...... 32607 Inspection List and electronic text are located at: 232...... 31192 www.federalregister.gov. 1730...... 32607 3201...... 32015 Proposed Rules: 1...... 32104 E-mail Proposed Rules: 30...... 32105 210...... 31227 FEDREGTOC (Daily Federal Register Table of Contents Electronic 39...... 32104 220...... 31227 Mailing List) is an open e-mail service that provides subscribers 140...... 32104 with a digital form of the Federal Register Table of Contents. The 226...... 31227 digital form of the Federal Register Table of Contents includes 8 CFR 21 CFR HTML and PDF links to the full text of each document. 1003...... 31463 10...... 31471 To join or leave, go to https://public.govdelivery.com/accounts/ 1292...... 31463 216...... 32268 USGPOOFR/subscriber/new, enter your email address, then 800...... 31471 follow the instructions to join, leave, or manage your 10 CFR Proposed Rules: subscription. Proposed Rules: 101...... 32848 102...... 32848 PENS (Public Law Electronic Notification Service) is an e-mail 40...... 32327 70...... 32327 service that notifies subscribers of recently enacted laws. 25 CFR 72...... 32327 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 74...... 32327 Proposed Rules: and select Join or leave the list (or change settings); then follow 150 ...... 31518, 32327, 32657 224...... 31529 the instructions. 431...... 31232, 32328 FEDREGTOC and PENS are mailing lists only. We cannot 26 CFR respond to specific inquiries. 12 CFR 1...... 31194, 31717 Reference questions. Send questions and comments about the 229...... 31687 31...... 31717 Federal Register system to: [email protected] 265...... 31701 301...... 31478, 31717 365...... 31171 Proposed Rules: The Federal Register staff cannot interpret specific documents or 390...... 31171 1...... 31777 regulations. 1030...... 31687 53...... 31795 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, JULY 1003...... 31746 27 CFR Proposed Rules: 31171–31458...... 1 14 CFR 4...... 31257 31459–31686...... 2 25 ...... 31174, 31176, 31178 5...... 31264 31687–32012...... 3 39 ...... 31707, 31710, 32028, 7...... 31264 32013–32254...... 5 32255, 32257, 32260, 32263, 26...... 31264 32255–32606...... 8 32266 27...... 31264 32607–32838...... 9 91...... 31713 29 CFR 32839–32974...... 10 97 ...... 32030, 32033, 32037, 32038 4902...... 32618 Proposed Rules: 25...... 31522, 31747 30 CFR 27...... 31747 Proposed Rules: 29...... 31747 70...... 31809 39 ...... 31244, 31246, 31249, 71...... 31809 31252, 31254, 31524, 31526, 72...... 31809 31769, 31772, 31775, 32099, 75...... 31809 32101, 32338, 32341, 32343, 90...... 31809 32661, 32664, 32667 916...... 32109

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918...... 32111 37 CFR 60...... 32084, 32520 44 CFR 2...... 31498 81...... 32317, 32841 Proposed Rules: 32 CFR 7...... 31498 180 ...... 31208, 31214, 32088, 62...... 32371 32320, 32626 1701...... 31194 11...... 31498 210...... 32274 222...... 31512 45 CFR 223...... 31512 303...... 32296 Proposed Rules: 33 CFR 224...... 31512 350...... 32296 1323...... 32116 100...... 32061 355...... 32296 228...... 31512 110...... 32269 370...... 32296 229...... 31512 47 CFR 117...... 32619 380...... 32296 271...... 32628 165 ...... 31197, 31199, 31200, 435...... 32094 Proposed Rules: 382...... 32296 2...... 31542 31202, 31480, 31481, 31484, 383...... 32296 745...... 32632 31486, 31587, 31490, 31492, Proposed Rules: 54...... 32117 384...... 32296 87...... 31542 31721, 31722, 31723, 31724, 385...... 32296 49...... 31813 31725, 32063, 32064, 32272 52 ...... 31538, 31540, 31541, 49 CFR 207...... 31493 38 CFR 31814, 32356, 32359, 32361, Proposed Rules: Proposed Rules: 32671, 32672, 32678, 32682, 385...... 32323 100...... 31810, 32849 17...... 32670 32851 Proposed Rules: 165...... 31273, 32112 60...... 32114 383...... 32689 39 CFR 62 ...... 31278, 31279, 32363, 385...... 32379 34 CFR 3020...... 32317 32365 3060...... 31738 81...... 31814 50 CFR Ch. II ...... 31726 271...... 32852 622...... 32648 200...... 31660 Proposed Rules: 3050...... 31277 272...... 32852 648...... 31743, 32649 299...... 31660 300...... 31281, 31826 660...... 31222, 32096 600...... 31392 40 CFR 721...... 32366 679...... 31517 668...... 31392 52 ...... 31204, 31206, 31682, Proposed Rules: 31684, 31739, 31741, 32066, 43 CFR 20...... 32385 36 CFR 32068, 32072, 32076, 32317, 3830...... 31219 Ch. I ...... 31559 7...... 32622 32624 8365...... 32845 216...... 32697, 32853

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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 July 9, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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