Vol. 83 Tuesday, No. 176 September 11, 2018

Pages 45811–46066

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 176

Tuesday, September 11, 2018

Agriculture Department Privacy Act; Matching Programs, 45910–45912 See Forest Service Privacy Act; Systems of Records, 45912–45916 Children and Families Administration Energy Department NOTICES See Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, See National Nuclear Security Administration Submissions, and Approvals, 45934 PROPOSED RULES Energy Conservation Program: Civil Rights Commission Energy Conservation Standards for Dedicated-Purpose NOTICES Pool Pump Motors, 45851–45860 Meetings: NOTICES Alabama Advisory Committee, 45878–45879 Proposed Distribution of Residual Citronelle Settlement California Advisory Committee, 45877–45878 Agreement Funds, 45916–45919 Missouri Advisory Committee, 45879 Nevada State Advisory Committee, 45877 Environmental Protection Agency New Hampshire Advisory Committee, 45877 RULES Oregon Advisory Committee, 45878 Air Quality State Implementation Plans; Approvals and Promulgations: Coast Guard Florida: Redesignation of the Hillsborough County Lead RULES Nonattainment Area to Attainment, 45836–45838 Drawbridge Operations: Idaho; Pinehurst PM10 Redesignation, Limited Sacramento River, Sacramento, CA, 45827 Maintenance Plan; West Silver Valley 2012 Annual PROPOSED RULES PM2.5 Emission Inventory, 45830–45835 Safety Zones: North Carolina; New Source Review for Fine Particulate Spaceport Camden, Woodbine, GA, 45864–45866 Matter PM2.5, 45827–45830 Pesticide Tolerances: Commerce Department Cloquintocet-mexyl, 45841–45844 See Foreign-Trade Zones Board Spiromesifen, 45844–45849 See Industry and Security Bureau Tolerance Exemptions: See International Trade Administration 2-Propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, See National Oceanic and Atmospheric Administration polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate, 45838–45841 Commodity Futures Trading Commission NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Proposed Revisions to Prohibitions and Restrictions on Submissions, and Approvals, 45929–45931 Proprietary Trading and Certain Interests in, and Agency Information Collection Activities; Proposals, Relationships With, Hedge Funds and Private Equity Submissions, and Approvals: Funds, 45860–45861 Diesel Emissions Reduction Act Rebate Program, 45925– NOTICES 45926 Meetings; Sunshine Act, 45909 Establishing No-Discharge Zones under Clean Water Act Renewal of the Agricultural Advisory Committee, 45909– Section 312, 45927–45928 45910 Federal Operating Permit Program (Renewal), 45931– 45932 Comptroller of the Currency Part 70 State Operating Permit Program, 45926–45927 PROPOSED RULES Risk Management Program Requirements and Petitions to Proposed Revisions to Prohibitions and Restrictions on Modify the List of Regulated Substances under Proprietary Trading and Certain Interests in, and section 112(r) of the Clean Air Act, 45928–45929 Relationships With, Hedge Funds and Private Equity CERCLA Settlements: Funds, 45860–45861 J.J. Seifert Machine Shop Superfund Site, Sun City, Hillsborough County, FL, 45932 Defense Department NOTICES Federal Aviation Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 45910 Airworthiness Directives: Agency Information Collection Activities; Proposals, Rolls-Royce Deutschland Ltd and Co KG Tay 620–15 Submissions, and Approvals: Engines, 45811–45813 Government Property, 45933 Class D Airspace; Amendments: Austin, TX, 45815–45816 Education Department Olive Branch, MS, 45816–45817 NOTICES Class D and E Airspace; Amendments: Agency Information Collection Activities; Proposals, Louisville, KY, 45820–45821 Submissions, and Approvals: Class E Airspace; Amendments: E-Complaint Form, 45916 Bloomsburg, PA, 45814–45815

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Lynchburg, VA, 45819–45820 Financial Crimes Enforcement Network Williamsport, PA, 45818–45819 NOTICES Class E Airspace; Establishments: Agency Information Collection Activities; Proposals, Chebeague Island, ME, 45813–45814 Submissions, and Approvals: Standard Instrument Approach Procedures, and Takeoff Anti-Money Laundering Programs for Precious Metals, Minimums and Obstacle Departure Procedures, 45822– Precious Stones, or Jewels, 46014–46015 45826 Customer Identification Programs for Banks, Savings PROPOSED RULES Associations, Credit Unions, Certain Non-Federally Amendment of Class D Airspace and Establishment of Class Regulated Banks, Futures Commission Merchants, E Airspace: and Introducing Brokers In Commodities, 46015– Tyndall AFB, Florida, 45861–45863 46016 Class E Airspace; Establishments: Customer Identification Programs for Brokers or Dealers Hardinsburg, KY, 45863–45864 in Securities and Mutual Funds, 46011–46013 NOTICES Report of International Transportation of Currency or Petitions for Exemptions; Summaries: Monetary Instruments, 46013–46014 Aero-Flite, Inc, 46011 Compass Airlines LLC, 46010–46011 Food and Drug Administration NOTICES Federal Contract Compliance Programs Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Formal Meetings between the Food and Drug Submissions, and Approvals, 45977–45978 Administration and Biosimilar Biological Product Sponsors or Applicants, 45942–45944 Federal Deposit Insurance Corporation Tobacco Products, User Fees, Requirements for the PROPOSED RULES Submission of Data Needed to Calculate User Fees Proposed Revisions to Prohibitions and Restrictions on for Domestic Manufacturers and Importers of Proprietary Trading and Certain Interests in, and Tobacco Products, 45937–45940 Relationships With, Hedge Funds and Private Equity Drug Products Not Withdrawn from Sale for Reasons of Funds, 45860–45861 Safety or Effectiveness: CEFZIL (Cefprozil) Tablets, 250 Milligrams and 500 Federal Emergency Management Agency Milligrams, and for Oral Suspension, 125 Milligrams/ NOTICES 5 Milliliters and 250 Milligrams/5 Milliliters, 45940– Flood Hazard Determinations; Changes, 45950–45954 45941 Guidance: Federal Energy Regulatory Commission Postapproval Changes to Drug Substances, 45944–45945 NOTICES Meetings: Agency Information Collection Activities; Proposals, Anesthetic and Analgesic Drug Products Advisory Submissions, and Approvals: Committee, 45941–45942, 45946–45947 Errata, 45924 Gastrointestinal Drugs Advisory Committee, 45936–45937 Combined Filings, 45922–45923 Gastrointestinal Drugs Advisory Committee, Drug Safety Complaints: and Risk Management Advisory Committee; Joint KMC Thermo, LLC v. Dominion Energy Cove Point LNG, Meeting, 45934–45936 LP, 45923 Foreign-Trade Zones Board RTO Insider LLC v. New England Power Pool Participants Committee, 45923–45924 NOTICES Determinations of Qualifying Conduit Hydropower Proposed Foreign-Trade Zones: Facilities: Lufkin, TX, 45879–45880 Montana Department of Fish, Wildlife & Parks, Fish Forest Service Hatchery Bureau, 45921 NOTICES Requests for Waivers: Environmental Impact Statements; Availability, etc.: Ohio River Pipe Line LLC, 45924–45925 Lake Tahoe Basin Management Unit; CA; Meeks Bay Restoration Project, 45875–45876 Federal Maritime Commission NOTICES General Services Administration Filings of Complaints and Assignments: NOTICES Marine Transport Logistics, Inc. v. CMA-CGM (America), Agency Information Collection Activities; Proposals, LLC, 45932 Submissions, and Approvals: Government Property, 45933 Federal Reserve System PROPOSED RULES Health and Human Services Department Proposed Revisions to Prohibitions and Restrictions on See Children and Families Administration Proprietary Trading and Certain Interests in, and See Food and Drug Administration Relationships With, Hedge Funds and Private Equity See National Institutes of Health Funds, 45860–45861 NOTICES Homeland Security Department Proposals to Engage in or to Acquire Companies Engaged in See Coast Guard Permissible Nonbanking Activities, 45932–45933 See Federal Emergency Management Agency

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Housing and Urban Development Department Taxpayer Advocacy Panel Toll-Free Phone Line Project NOTICES Committee, 46016 Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Trade Administration 2019 American Housing Survey, 45955–45957 NOTICES Assessment of Additional Resource Needs for Smoke-Free Antidumping or Countervailing Duty Investigations, Orders, Policy, 45957 or Reviews: Public Housing Reform Act: Changes to Admission and 1,1,1,2-Tetrafluoroethane (R-134A) from the People’s Occupancy Requirements, 45954–45955 Republic of China, 45883 Certain Circular Welded Non-Alloy Steel Pipe from Indian Affairs Bureau Taiwan, 45893 NOTICES Certain Passenger Vehicle and Light Truck Tires from the Indian Gaming: People’s Republic of China, 45893–45897 Approval of Tribal-State Class III Gaming Compact Certain Steel Nails from the People’s Republic of China, Amendments in the State of Oklahoma, 45958 45883–45887 Land Acquisitions: Tohono O’odham Nation of Arizona, 45958–45960 Hydrofluorocarbon Blends from the People’s Republic of Liquor Control Ordinances: China, 45890–45893 Craig Tribal Association of Craig, AK, 45960–45966 Initiation of Five-Year Sunset Reviews, 45887–45888 Ponca Tribe of Nebraska, 45966–45976 Opportunity to Request Administrative Review, 45888– 45890 Industry and Security Bureau RULES International Trade Commission Revisions to Requirements for Submissions of Exclusion NOTICES Requests and Objections to Submitted Requests for Meetings; Sunshine Act, 45977 Steel and Aluminum, 46026–46065 NOTICES Labor Department Agency Information Collection Activities; Proposals, See Federal Contract Compliance Programs Office Submissions, and Approvals: See Occupational Safety and Health Administration Procedures for Submitting Requests for Expedited Relief from Quantitative Limits—Existing Contract: Section National Aeronautics and Space Administration 232 National Security Investigations of Steel Imports, 45882–45883 NOTICES National Defense Stockpile Market Impact Committee; Agency Information Collection Activities; Proposals, Potential Market Impact of the Proposed Fiscal Year Submissions, and Approvals: 2020 Annual Materials Plan, 45880–45882 Government Property, 45933 Interior Department National Archives and Records Administration See Indian Affairs Bureau NOTICES See Surface Mining Reclamation and Enforcement Office Records Schedules, 45979–45980

Internal Revenue Service National Institutes of Health RULES NOTICES Substantiation and Reporting Requirements for Cash and Meetings: Noncash Charitable Contribution Deductions: Center for Scientific Review, 45949 Correction, 45826–45827 National Eye Institute, 45948 NOTICES National Institute of Allergy and Infectious Diseases, Agency Information Collection Activities; Proposals, 45948 Submissions, and Approvals, 46016–46017, 46019, National Institute of Neurological Disorders and Stroke, 46020–46023 45949–45950 Agency Information Collection Activities; Proposals, National Institute on Drug Abuse, 45948 Submissions, and Approvals: Prospective Grant of an Exclusive Patent License: Certain Life Insurance Contract Transactions, 46017– Photoactivatable Liposomal Nanoparticle for the Delivery 46018 of an Immunotherapeutic or Immunotherapeutic- Transitional Guidance under Sections 162(f) and 6050X Enabling Agent, 45947–45948 with Respect to Certain Fines, Penalties, and Other Amounts, 46018 Meetings: National Nuclear Security Administration Taxpayer Advocacy Panel Joint Committee, 46021 NOTICES Taxpayer Advocacy Panel Notices and Correspondence Secretarial Determination of a National Security Purpose for Project Committee, 46019 the Sale or Transfer of Enriched Uranium, 45919– Taxpayer Advocacy Panel Special Projects Committee, 45920 46019–46020 Taxpayer Advocacy Panel Tax Forms and Publications National Oceanic and Atmospheric Administration Project Committee, 46020 RULES Taxpayer Advocacy Panel Taxpayer Assistance Center International Fisheries: Improvements Project Committee, 46022 Western and Central Pacific Fisheries for Highly Taxpayer Advocacy Panel Taxpayer Communications Migratory Species; Closure of Purse Seine Fishery on Project Committee, 46022 the High Seas in 2018, 45849–45850

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PROPOSED RULES State Department Atlantic Highly Migratory Species: NOTICES 2019 Atlantic Shark Commercial Fishing Year, 45866– Culturally Significant Objects Imported for Exhibition: 45874 Enrico David: Gradations of Slow Release Exhibition, NOTICES 46009 Takes of Marine Mammals: Frans Hals Portraits: A Family Reunion Exhibition, 46009 Incidental to Bremerton and Edmonds Ferry Terminals Gunther Forg: A Fragile Beauty Exhibition, 46009–46010 Dolphin Relocation Project in Washington State, Tomma Abts Exhibition, 46008–46009 45897–45909 Tudors to Windsors: British Royal Portraits from Holbein Nuclear Regulatory Commission to Warhol Exhibition, 46010 NOTICES Facility Operating and Combined Licenses: Surface Mining Reclamation and Enforcement Office Applications and Amendments Involving No Significant NOTICES Hazards Considerations; Biweekly Notice, 45981– Agency Information Collection Activities; Proposals, 45992 Submissions, and Approvals: Guidance: Contractor Eligibility and the Abandoned Mine Land Dispositioning of Technical Specifications that are Contractor Information Form, 45976–45977 Insufficient to Ensure Plant Safety, 45980–45981 License Termination: Surface Transportation Board Sacramento Municipal Utility District; Rancho Seco NOTICES Nuclear Generating Station, 45994–45995 Meetings: Meetings: Rail Energy Transportation Advisory Committee, 46010 Advisory Committee on Reactor Safeguards Subcommittee on Plant License Renewal, 45993– Transportation Department 45994 See Federal Aviation Administration Standard Review Plan Section 13.4, Operational Programs, 45995–45996 Treasury Department Standard Review Plan Section 13.6, Physical Security, See Comptroller of the Currency 45992–45993 See Financial Crimes Enforcement Network See Internal Revenue Service Occupational Safety and Health Administration NOTICES Veterans Affairs Department Addendum to the Memorandum of Understanding with the NOTICES Department of Energy (August 28, 1992); Oak Ridge, Agency Information Collection Activities; Proposals, Tennessee Properties, 45978–45979 Submissions, and Approvals: Pension Benefit Guaranty Corporation Acquisition Regulation Clause, 46023–46024 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Separate Parts In This Issue Multiemployer Plan Regulations, 45996–45997 Part II Securities and Exchange Commission Commerce Department, Industry and Security Bureau, PROPOSED RULES 46026–46065 Proposed Revisions to Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Reader Aids Funds, 45860–45861 NOTICES Consult the Reader Aids section at the end of this issue for Meetings; Sunshine Act, 46005 phone numbers, online resources, finding aids, and notice Self-Regulatory Organizations; Proposed Rule Changes: of recently enacted public laws. BOX Options Exchange LLC, 46003–46005 To subscribe to the Federal Register Table of Contents ICE Clear Credit LLC, 46000 electronic mailing list, go to https://public.govdelivery.com/ ICE Clear Europe Limited, 46005–46008 accounts/USGPOOFR/subscriber/new, enter your e-mail Nasdaq ISE, LLC, 45997–46000 address, then follow the instructions to join, leave, or Nasdaq PHLX LLC, 46001–46003 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.

10 CFR Proposed Rules: 431...... 45851 12 CFR Proposed Rules: 44...... 45860 248...... 45860 351...... 45860 14 CFR 39...... 45811 71 (7 documents) ...... 45813, 45814, 45815, 45816, 45818, 45819, 45820 97 (2 documents) ...... 45822, 45824 Proposed Rules: 71 (2 documents) ...... 45861, 45863 15 CFR 705...... 46026 17 CFR Proposed Rules: 75...... 45860 255...... 45860 26 CFR 1...... 45826 33 CFR 117...... 45827 Proposed Rules: 165...... 45864 40 CFR 52 (3 documents) ...... 45827, 45830, 45836 81 (2 documents) ...... 45830, 45836 180 (3 documents) ...... 45838, 45841, 45844 50 CFR 300...... 45849 Proposed Rules: 635...... 45866

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Rules and Regulations Federal Register Vol. 83, No. 176

Tuesday, September 11, 2018

This section of the FEDERAL REGISTER searching for and locating Docket No. affected LPC (fan) blades had been exposed contains regulatory documents having general FAA–2018–0235. to excessive high stress cycles. applicability and legal effect, most of which This condition, if not detected or corrected, are keyed to and codified in the Code of Examining the AD Docket could lead to failure of LPC fan blade retention lug(s), high vibration, reduced Federal Regulations, which is published under You may examine the AD docket on 50 titles pursuant to 44 U.S.C. 1510. thrust, or in-flight shut down, possibly the internet at http:// resulting in reduced control of the aeroplane. The Code of Federal Regulations is sold by www.regulations.gov by searching for To address this potential unsafe condition, the Superintendent of Documents. and locating Docket No. FAA–2018– Rolls Royce Deutschland (RRD) issued Alert 0235; or in person at the Docket Non-Modification Service Bulletin (NMSB) Operations between 9 a.m. and 5 p.m., TAY–72–A1834 (hereafter referred to as ‘the DEPARTMENT OF TRANSPORTATION Monday through Friday, except Federal NMSB’) to provide identification and holidays. The AD docket contains this replacement instructions. Federal Aviation Administration For the reasons described above, this final rule, the mandatory continuing [EASA] AD requires determination of number airworthiness information (MCAI), the 14 CFR Part 39 of DFL treatments applied to the LPC fan regulatory evaluation, any comments blades and, based on that determination, [Docket No. FAA–2018–0235; Product received, and other information. The replacement. This [EASA] AD also Identifier 2018–NE–08–AD; Amendment 39– address for Docket Operations (phone: introduces a maximum allowable number of 19367; AD 2018–17–13] 800–647–5527) is Docket Operations, DFL treatments applicable to the LPC fan blades. RIN 2120–AA64 U.S. Department of Transportation, Docket Operations, M–30, West You may obtain further information Airworthiness Directives; Rolls-Royce Building Ground Floor, Room W12–140, by examining the MCAI in the AD Deutschland Ltd & Co KG Tay 620–15 1200 New Jersey Avenue SE, docket on the internet at http:// Engines Washington, DC 20590. www.regulations.gov by searching for FOR FURTHER INFORMATION CONTACT: and locating Docket No. FAA–2018– AGENCY: Federal Aviation Barbara Caufield, Aerospace Engineer, 0235. Administration (FAA), DOT. ECO Branch, FAA, 1200 District Comments ACTION: Final rule. Avenue, Burlington, MA 01803; phone: 781–238–7146; fax: 781–238–7199; We gave the public the opportunity to SUMMARY: We are adopting a new email: [email protected]. participate in developing this final rule. airworthiness directive (AD) for certain We received no comments on the NPRM SUPPLEMENTARY INFORMATION: Rolls-Royce Deutschland Ltd & Co KG or on the determination of the cost to (RRD) Tay 620–15 turbofan engines. Discussion the public. This AD was prompted by reports of low-pressure compressor (LPC) fan We issued a notice of proposed Conclusion blade retention lug failures. This AD rulemaking (NPRM) to amend 14 CFR We reviewed the relevant data and requires reviewing the engine part 39 by adding an AD that would determined that air safety and the maintenance records and replacing the apply to certain RRD Tay 620–15 public interest require adopting this LPC fan blade with a part eligible for turbofan engines. The NPRM published final rule as proposed except for minor installation if the dry-film lubricant in the Federal Register on April 30, editorial changes. (DFL) treatment limit is exceeded. We 2018 (83 FR 18758). The NPRM was • Are consistent with the intent that are issuing this AD to address the unsafe prompted by reports of LPC fan blade was proposed in the NPRM for condition on these products. retention lug failures. The NPRM addressing the unsafe condition; and proposed to require reviewing the • Do not add any additional burden DATES: This AD is effective October 16, engine maintenance records and 2018. upon the public than was already replacing the LPC fan blade with a part proposed in the NPRM. The Director of the Federal Register eligible for installation if the DFL approved the incorporation by reference treatment limit is exceeded. We are Related Service Information Under 1 of a certain publication listed in this AD issuing this AD to address the unsafe CFR Part 51 as of October 16, 2018. condition on these products. We reviewed RRD ALERT NMSB ADDRESSES: For service information The European Aviation Safety Agency TAY–72–A1834, dated November 17, identified in this final rule, contact (EASA), which is the Technical Agent 2017. The Alert NMSB describes Rolls-Royce Deutschland Ltd & Co KG, for the Member States of the European procedures for reviewing the Eschenweg 11, Dahlewitz, 15827 Community, has issued EASA AD 2018– maintenance records and replacing the Blankenfelde-Mahlow, Germany; phone: 0013, dated January 17, 2018 (referred to LPC fan blade with a serviceable part. +49 (0) 33–7086–1883; fax: +49 (0) 33– after this as ‘‘the MCAI’’), to address the This service information is reasonably 7086–3276. You may view this service unsafe condition on these products. The available because the interested parties information at the FAA, Engine & MCAI states: have access to it through their normal Propeller Standards Branch, 1200 Fractures of low pressure compressor (LPC) course of business or by the means District Avenue, Burlington, MA 01803. fan blade retention lugs were reported on identified in the ADDRESSES section. For information on the availability of engines subjected to a high number of Dry Other Related Service Information this material at the FAA, call 781–238– Film Lubrication (DFL) treatments. 7759. It is also available on the internet Subsequent investigation determined that, as We reviewed RRD NMSB TAY–70– at http://www.regulations.gov by a consequence, the retention lugs of the 1050, Revision 9, dated July 14, 2010.

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The NMSB defines a basic engine life Costs of Compliance We estimate the following costs to management program suitable for RRD We estimate that this AD affects 25 comply with this AD: Tay engines in aircraft that are engaged engines installed on airplanes of U.S. in non-airline operations. registry.

ESTIMATED COSTS

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

Record search to establish number of LPC 1.5 work-hours × $85 per hour = $127.50 ..... $0 $127.50 $3,187.50 blade DFL applications. Lost life for a LPC blade set and replacement 4.0 work-hours × $85 per hour = $340 ...... 16,550 16,890 422,250 of blades.

Authority for This Rulemaking (2) Is not a ‘‘significant rule’’ under (d) Subject Title 49 of the United States Code the DOT Regulatory Policies and Joint Aircraft System Component (JASC) specifies the FAA’s authority to issue Procedures (44 FR 11034, February 26, Code 7230, Turbine Engine Compressor rules on aviation safety. Subtitle I, 1979), Section. section 106, describes the authority of (3) Will not affect intrastate aviation (e) Unsafe Condition the FAA Administrator. Subtitle VII: in Alaska, and This AD was prompted by reports of LPC Aviation Programs, describes in more (4) Will not have a significant fan blade retention lug failures. We are detail the scope of the Agency’s economic impact, positive or negative, issuing this AD to prevent failure of the LPC fan blade retention lug. The unsafe condition, authority. on a substantial number of small entities We are issuing this rulemaking under if not addressed, could result in loss of under the criteria of the Regulatory the authority described in Subtitle VII, engine thrust control and reduced control of Flexibility Act. Part A, Subpart III, Section 44701: the airplane. ‘‘General requirements.’’ Under that List of Subjects in 14 CFR Part 39 (f) Compliance section, Congress charges the FAA with Comply with this AD within the promoting safe flight of civil aircraft in Air transportation, Aircraft, Aviation compliance times specified, unless already air commerce by prescribing regulations safety, Incorporation by reference, done. for practices, methods, and procedures Safety. (g) Required Actions the Administrator finds necessary for Adoption of the Amendment safety in air commerce. This regulation (1) Within 30 days after the effective date is within the scope of that authority of this AD, determine the number of dry-film Accordingly, under the authority lubricant (DFL) treatments that were applied because it addresses an unsafe condition delegated to me by the Administrator, to the LPC fan blade by reviewing the that is likely to exist or develop on the FAA amends 14 CFR part 39 as maintenance records or using an alternative products identified in this rulemaking follows: method in steps C or N, as applicable, of the action. Accomplishment Instruction, paragraph 3, of This AD is issued in accordance with PART 39—AIRWORTHINESS RRD ALERT Non-Modification Service authority delegated by the Executive DIRECTIVES Bulletin (NMSB) TAY–72–A1834, dated Director, Aircraft Certification Service, November 17, 2017. (2) Depending on the results of the records as authorized by FAA Order 8000.51C. ■ 1. The authority citation for part 39 In accordance with that order, issuance review, do the following, as applicable: continues to read as follows: (i) If the number of DFL treatments is fewer of ADs is normally a function of the Authority: 49 U.S.C. 106(g), 40113, 44701. than 13, mark the LPC fan blade dovetail root Compliance and Airworthiness with a suffix code during the next scheduled Division, but during this transition § 39.13 [Amended] LPC fan blade removal using steps H or R, period, the Executive Director has as applicable, of the Accomplishment delegated the authority to issue ADs ■ 2. The FAA amends § 39.13 by adding Instruction, paragraph 3, of RRD ALERT applicable to engines, propellers, and the following new airworthiness NMSB TAY–72–A1834, dated November 17, associated appliances to the Manager, directive (AD): 2017. (ii) If the number of DFL treatments is 13 Engine and Propeller Standards Branch, 2018–17–13 Rolls-Royce Deutschland Ltd & Policy and Innovation Division. or more, replace the affected LPC fan blade Co KG: Amendment 39–19367; Docket with a part eligible for installation within 500 Regulatory Findings No. FAA–2018–0235; Product Identifier flight hours after effective date of this AD. 2018–NE–08–AD. This AD will not have federalism (h) Installation Prohibition (a) Effective Date implications under Executive Order After the effective date of this AD, do not 13132. This AD will not have a This AD is effective October 16, 2018. install an affected LPC fan blade on any substantial direct effect on the States, on (b) Affected ADs engine unless it has been determined that the the relationship between the national LPC fan blade has had fewer than 13 DFL government and the States, or on the None. treatments and has been marked in distribution of power and (c) Applicability accordance with the instructions of RRD responsibilities among the various ALERT NMSB TAY–72–A1834, dated This AD applies to Rolls-Royce November 17, 2017. levels of government. Deutschland Ltd & Co KG (RRD) Tay 620–15 For the reasons discussed above, I turbofan engines with low-pressure (i) Alternative Methods of Compliance certify this AD: compressor (LPC) fan blades, having part (AMOCs) (1) Is not a ‘‘significant regulatory numbers (P/Ns) JR30649, JR31702, JR31983, (1) The Manager, ECO Branch, FAA, has action’’ under Executive Order 12866, JR33863, or JR33864, installed. the authority to approve AMOCs for this AD,

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if requested using the procedures found in 14 DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking CFR 39.19. In accordance with 14 CFR 39.19, The FAA’s authority to issue rules send your request to your principal inspector Federal Aviation Administration regarding aviation safety is found in or local Flight Standards District Office, as Title 49 of the United States Code. appropriate. If sending information directly 14 CFR Part 71 to the manager of the ECO Branch, send it to Subtitle I, Section 106 describes the the attention of the person identified in authority of the FAA Administrator. [Docket No. FAA–2018–0475; Airspace paragraph (j)(1) of this AD. You may email Subtitle VII, Aviation Programs, Docket No. 18–ANE–4] your request to: [email protected]. describes in more detail the scope of the (2) Before using any approved AMOC, agency’s authority. This proposed notify your appropriate principal inspector, RIN 2120–AA66 rulemaking is promulgated under the or lacking a principal inspector, the manager authority described in Subtitle VII, Part of the local flight standards district office/ Establishment of Class E Airspace; A, Subpart I, Section 40103. Under that certificate holding district office. Chebeague Island, ME section, the FAA is charged with prescribing regulations to assign the use AGENCY: (j) Related Information Federal Aviation of airspace necessary to ensure the (1) For more information about this AD, Administration (FAA), DOT. safety of aircraft and the efficient use of contact Barbara Caufield, Aerospace ACTION: Final rule. airspace. This regulation is within the Engineer, ECO Branch, FAA, 1200 District scope of that authority as it establishes Avenue, Burlington, MA 01803; phone: 781– SUMMARY: This action establishes Class Class E airspace at Chebeague Island 238–7146; fax: 781–238–7199; email: E airspace extending upward from 700 Heliport, Chebeague Island, ME, to [email protected]. feet above the surface at Chebeague support IFR operations in standard (2) Refer to European Aviation Safety Island Heliport, Chebeague Island, ME, instrument approach procedures at this Agency (EASA) AD 2018–0013, dated to accommodate new area navigation heliport. January 17, 2018, for more information. You (RNAV) global positioning system (GPS) may examine the EASA AD in the AD docket standard instrument approach History on the internet at http://www.regulations.gov procedures serving the heliport. The FAA published a notice of by searching for and locating Docket No. Controlled airspace is necessary for the proposed rulemaking in the Federal FAA–2018–0235. safety and management of instrument Register (83 FR 29064, June 22, 2018) (k) Material Incorporated by Reference flight rules (IFR) operations at this for Docket No. FAA–2018–0475 to (1) The Director of the Federal Register heliport. establish Class E airspace extending upward from 700 feet above the surface approved the incorporation by reference DATES: Effective 0901 UTC, November 8, at Chebeague Island Heliport, (IBR) of the service information listed in this 2018. The Director of the Federal Chebeague Island, ME. Interested parties paragraph under 5 U.S.C. 552(a) and 1 CFR Register approves this incorporation by were invited to participate in this part 51. reference action under title 1, Code of (2) You must use this service information rulemaking effort by submitting written Federal Regulations, part 51, subject to as applicable to do the actions required by comments on the proposal to the FAA. the annual revision of FAA Order this AD, unless the AD specifies otherwise. No comments were received. (i) Rolls-Royce Deutschland Ltd & Co KG 7400.11 and publication of conforming Class E airspace designations are ALERT Non-Modification Service Bulletin amendments. published in paragraph 6005 of FAA TAY–72–A1834, dated November 17, 2017. ADDRESSES: FAA Order 7400.11B, Order 7400.11B dated August 3, 2017, (ii) Reserved. Airspace Designations and Reporting and effective September 15, 2017, which (3) For service information identified in Points, and subsequent amendments can is incorporated by reference in 14 CFR this AD, contact Rolls-Royce Deutschland Ltd be viewed on line at http:// part 71.1. The Class E airspace & Co KG, Eschenweg 11, Dahlewitz, 15827 www.faa.gov/air_traffic/publications/. designations listed in this document Blankenfelde-Mahlow, Germany; phone: +49 For further information, you can contact will be published subsequently in the (0) 33–7086–1883; fax: +49 (0) 33–7086– the Airspace Policy Group, Federal Order. 3276. Aviation Administration, 800 Availability and Summary of (4) You may view this service information Independence Avenue SW, Washington, at FAA, Engine & Propeller Standards Documents for Incorporation by DC 20591; telephone: (202) 267–8783. Branch, 1200 District Avenue, Burlington, Reference The Order is also available for MA 01803. For information on the This document amends FAA Order availability of this material at the FAA, call inspection at the National Archives and Records Administration (NARA). For 7400.11B, Airspace Designations and 781–238–7759. Reporting Points, dated August 3, 2017, (5) You may view this service information information on the availability of FAA and effective September 15, 2017. FAA that is incorporated by reference at the Order 7400.11B at NARA, call (202) National Archives and Records 741–6030, or go to https:// Order 7400.11B is publicly available as Administration (NARA). For information on www.archives.gov/federal-register/cfr/ listed in the ADDRESSES section of this the availability of this material at NARA, call ibr-locations.html. document. FAA Order 7400.11B lists 202–741–6030, or go to: http:// FAA Order 7400.11, Airspace Class A, B, C, D, and E airspace areas, www.archives.gov/federal-register/cfr/ibr- Designations and Reporting Points, is air traffic service routes, and reporting locations.html. published yearly and effective on points. Issued in Burlington, Massachusetts, on September 15. The Rule August 29, 2018. FOR FURTHER INFORMATION CONTACT: John This amendment to Title 14 Code of Karen M. Grant, Fornito, Operations Support Group, Federal Regulations (14 CFR) part 71 Acting Manager, Engine and Propeller Eastern Service Center, Federal Aviation establishes Class E airspace extending Standards Branch, Aircraft Certification Administration, 1701 Columbia Ave., upward from 700 feet above the surface Service. College Park, GA 30337; telephone (404) within a 6-mile radius of Chebeague [FR Doc. 2018–19565 Filed 9–10–18; 8:45 am] 305–6364. Island Heliport, Chebeague Island, ME, BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: providing the controlled airspace

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required to support the new RNAV September 15, 2017, is amended as telephone: (202) 267–8783. The Order is (GPS) standard instrument approach follows: also available for inspection at the procedures. These changes are Paragraph 6005 Class E Airspace Areas National Archives and Records necessary for continued safety and Extending Upward From 700 Feet or More Administration (NARA). For management of IFR operations at Above the Surface of the Earth. information on the availability of FAA Chebeague Island Heliport. * * * * * Order 7400.11B at NARA, call (202) 741–6030, or go to https:// Regulatory Notices and Analyses ANE ME E5 Chebeague Island, ME [New] www.archives.gov/federal-register/cfr/ The FAA has determined that this Chebeague Island Heliport, ME ibr-locations.html. ° ′ ″ ° ′ ″ regulation only involves an established (Lat. 43 43 45 N, long. 70 07 37 W) FAA Order 7400.11, Airspace body of technical regulations for which That airspace extending upward from 700 Designations and Reporting Points, is frequent and routine amendments are feet above the surface within a 6-mile radius published yearly and effective on of Chebeague Island Heliport. necessary to keep them operationally September 15. current. It, therefore: (1) Is not a Issued in College Park, Georgia, on August ‘‘significant regulatory action’’ under 29, 2018. FOR FURTHER INFORMATION CONTACT: John Executive Order 12866; (2) is not a Ryan W. Almasy, Fornito, Operations Support Group, ‘‘significant rule’’ under DOT Manager, Operations Support Group, Eastern Eastern Service Center, Federal Aviation Regulatory Policies and Procedures (44 Service Center, Air Traffic Organization. Administration, 1701 Columbia Ave., FR 11034; February 26, 1979); and (3) [FR Doc. 2018–19476 Filed 9–10–18; 8:45 am] College Park, GA 30337; telephone (404) does not warrant preparation of a 305–6364. BILLING CODE 4910–13–P regulatory evaluation as the anticipated SUPPLEMENTARY INFORMATION: impact is so minimal. Since this is a routine matter that only affects air traffic DEPARTMENT OF TRANSPORTATION Authority for This Rulemaking procedures and air navigation, it is certified that this rule, when Federal Aviation Administration The FAA’s authority to issue rules promulgated, does not have a significant regarding aviation safety is found in economic impact on a substantial 14 CFR Part 71 Title 49 of the United States Code. number of small entities under the Subtitle I, Section 106 describes the [Docket No. FAA–2017–1043; Airspace criteria of the Regulatory Flexibility Act. authority of the FAA Administrator. Docket No. 17–AEA–18] Subtitle VII, Aviation Programs, Environmental Review RIN 2120–AA66 describes in more detail the scope of the The FAA has determined that this agency’s authority. This rulemaking is action qualifies for categorical exclusion Amendment of Class E Airspace; promulgated under the authority under the National Environmental Bloomsburg, PA described in Subtitle VII, Part A, Subpart I, Section 40103. Under that Policy Act in accordance with FAA AGENCY: Federal Aviation Order 1050.1F, ‘‘Environmental Administration (FAA), DOT. section, the FAA is charged with Impacts: Policies and Procedures,’’ prescribing regulations to assign the use ACTION: Final rule. paragraph 5–6.5a. This airspace action of airspace necessary to ensure the is not expected to cause any potentially SUMMARY: This action amends Class E safety of aircraft and the efficient use of significant environmental impacts, and airspace extending upward from 700 airspace. This regulation is within the no extraordinary circumstances exist feet or more above the surface at scope of that authority as it amends that warrant preparation of an Bloomsburg Municipal Airport, Class E airspace at Bloomsburg environmental assessment. Bloomsburg, PA, due to the Municipal Airport, Bloomsburg, PA, to support IFR operations at the airport. Lists of Subjects in 14 CFR Part 71 decommissioning of the Milton VHF omni-directional range tactical air History Airspace, Incorporation by reference, navigation aid (VORTAC). Airspace Navigation (air). reconfiguration is necessary for the The FAA published a notice of Adoption of the Amendment safety and management of instrument proposed rulemaking in the Federal flight rules (IFR) operations at this Register for Docket No. FAA–2017–1043 In consideration of the foregoing, the airport. This action also updates the (83 FR 29066, June 22, 2018) proposing Federal Aviation Administration geographic coordinates of this airport. to amend Class E airspace extending amends 14 CFR part 71 as follows: DATES: Effective 0901 UTC, November 8, upward from 700 feet or more above the PART 71—DESIGNATION OF CLASS A, 2018. The Director of the Federal surface within an 11.8-mile radius at B, C, D, AND E AIRSPACE AREAS; AIR Register approves this incorporation by Bloomsburg Municipal Airport, TRAFFIC SERVICE ROUTES; AND reference action under title 1, Code of Bloomsburg, PA. Interested parties were REPORTING POINTS Federal Regulations, part 51, subject to invited to participate in this rulemaking the annual revision of FAA Order effort by submitting written comments ■ 1. The authority citation for part 71 7400.11 and publication of conforming on the proposal to the FAA. No continues to read as follows: amendments. comments were received. Authority: 49 U.S.C. 106(f), 106(g); 40103, ADDRESSES: FAA Order 7400.11B, Class E airspace designations are 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Airspace Designations and Reporting published in paragraph 6005, of FAA 1959–1963 Comp., p. 389. Points, and subsequent amendments can Order 7400.11B dated August 3, 2017, be viewed online at http://www.faa.gov/ and effective September 15, 2017, which § 71.1 [Amended] air_traffic/publications/. For further is incorporated by reference in 14 CFR ■ 2. The incorporation by reference in information, you can contact the part 71.1. The Class E airspace 14 CFR 71.1 of FAA Order 7400.11B, Airspace Policy Group, Federal Aviation designations listed in this document Airspace Designations and Reporting Administration, 800 Independence will be published subsequently in the Points, dated August 3, 2017, effective Avenue SW, Washington, DC, 20591; Order.

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Availability and Summary of Lists of Subjects in 14 CFR Part 71 required due to the decommissioning of Documents for Incorporation by Airspace, Incorporation by reference, the GAMIE locator outer marker (LOM) Reference Navigation (air). and collocated outer marker (OM) This document proposes to amend which provided navigation guidance to FAA Order 7400.11B, Airspace Adoption of the Amendment the airport. This action enhances the Designations and Reporting Points, In consideration of the foregoing, the safety and management of instrument dated August 3, 2017, and effective Federal Aviation Administration flight rules (IFR) operations at the September 15, 2017. FAA Order amends 14 CFR part 71 as follows: airport. Also, the airport name and 7400.11B is publicly available as listed geographic coordinates are adjusted to in the ADDRESSES section of this PART 71—DESIGNATION OF CLASS A, coincide with the FAA’s aeronautical document. FAA Order 7400.11B lists B, C, D, AND E AIRSPACE AREAS; AIR database. Additionally, this action Class A, B, C, D, and E airspace areas, TRAFFIC SERVICE ROUTES; AND replaces the outdated term ‘‘Airport/ air traffic service routes, and reporting REPORTING POINTS Facility Directory’’ with the term ‘‘Chart points. Supplement’’ in the legal description, ■ 1. The authority citation for part 71 and removes the city associated with the The Rule continues to read as follows: airport name in the airspace This action amends Title 14 Code of Authority: 49 U.S.C. 106(f), 106(g); 40103, designation. Federal Regulations (14 CFR) part 71 by 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, DATES: Effective 0901 UTC, November 8, amending Class E airspace extending 1959–1963 Comp., p. 389. 2018. The Director of the Federal upward from 700 feet or more above the § 71.1 [Amended] Register approves this incorporation by surface within an 11.8-mile radius reference action under Title 1, Code of (increased from a 6.3-mile radius) of ■ 2. The incorporation by reference in Federal Regulations, part 51, subject to Bloomsburg Municipal Airport, 14 CFR 71.1 of Federal Aviation the annual revision of FAA Order Bloomsburg, PA, due to the Administration Order 7400.11B, 7400.11 and publication of conforming decommissioning of the Milton Airspace Designations and Reporting amendments. VORTAC, and cancellation of the VOR Points, dated August 3, 2017, effective ADDRESSES: FAA Order 7400.11B, approach. These changes enhance the September 15, 2017, is amended as Airspace Designations and Reporting safety and management of IFR follows: Points, and subsequent amendments can operations at the airport. be viewed online at http://www.faa.gov/ The geographic coordinates of the Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More air_traffic/publications/. For further airport also are adjusted to coincide Above the Surface of the Earth. information, you can contact the with the FAA’s aeronautical database. * * * * * Airspace Policy Group, Federal Aviation Regulatory Notices and Analyses Administration, 800 Independence ASO AL E5 Bloomsburg, PA [Amended] The FAA has determined that this Avenue SW, Washington, DC 20591; Bloomsburg Municipal Airport, PA telephone: (202) 267–8783. The Order is regulation only involves an established (Lat. 40°59′52″ N, long. 76°26′07″ W) body of technical regulations for which also available for inspection at the That airspace extending upward from 700 frequent and routine amendments are National Archives and Records feet above the surface within an 11.8-mile Administration (NARA). For necessary to keep them operationally radius of Bloomsburg Municipal Airport. current. Therefore, this regulation: (1) Is information on the availability of FAA not a ‘‘significant regulatory action’’ Issued in College Park, Georgia, on August Order 7400.11B at NARA, call (202) 29, 2018. under Executive Order 12866; (2) is not 741–6030, or go to https:// a ‘‘significant rule’’ under DOT Ryan W. Almasy, www.archives.gov/federal-register/cfr/ Regulatory Policies and Procedures (44 Manager Operations Support Group, Eastern ibr-locations.html. FR 11034; February 26, 1979); and (3) Service Center, Air Traffic Organization. FAA Order 7400.11, Airspace does not warrant preparation of a [FR Doc. 2018–19489 Filed 9–10–18; 8:45 am] Designations and Reporting Points, is regulatory evaluation as the anticipated BILLING CODE 4910–13–P published yearly and effective on impact is so minimal. Since this is a September 15. routine matter that only affects air traffic FOR FURTHER INFORMATION CONTACT: procedures and air navigation, it is DEPARTMENT OF TRANSPORTATION Walter Tweedy, Federal Aviation certified that this rule, when Administration, Operations Support Federal Aviation Administration promulgated, does not have a significant Group, Central Service Center, 10101 economic impact on a substantial Hillwood Parkway, Fort Worth, TX 14 CFR Part 71 number of small entities under the 76177; telephone (817) 222–5900. criteria of the Regulatory Flexibility Act. [Docket No. FAA–2018–0006; Airspace SUPPLEMENTARY INFORMATION: Docket No. 18–AGL–1] Environmental Review Authority for This Rulemaking The FAA has determined that this RIN 2120–AA66 The FAA’s authority to issue rules action qualifies for categorical exclusion Amendment of Class D Airspace; regarding aviation safety is found in under the National Environmental Appleton, WI Title 49 of the United States Code. Policy Act in accordance with FAA Subtitle I, Section 106 describes the Order 1050.1F, ‘‘Environmental AGENCY: Federal Aviation authority of the FAA Administrator. Impacts: Policies and Procedures,’’ Administration (FAA), DOT. Subtitle VII, Aviation Programs, paragraph 5–6.5a. This airspace action ACTION: Final rule. describes in more detail the scope of the is not expected to cause any potentially agency’s authority. This rulemaking is significant environmental impacts, and SUMMARY: This action modifies Class D promulgated under the authority no extraordinary circumstances exist airspace at Appleton International described in Subtitle VII, Part A, that warrant preparation of an Airport (formerly Outagamie County Subpart I, Section 40103. Under that environmental assessment. Airport), Appleton, WI. This action is section, the FAA is charged with

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prescribing regulations to assign the use associated with the airport name in the Points, dated August 3, 2017, and of airspace necessary to ensure the airspace designation to comply with a effective September 15, 2017, is safety of aircraft and the efficient use of recent change to FAA Order 7400.2L, amended as follows: airspace. This regulation is within the Procedures for Handling Airspace Paragraph 5000 Class D Airspace. scope of that authority as it will amend Actions, dated October 12, 2017. Class D airspace, at Appleton * * * * * Regulatory Notices and Analyses International Airport, Appleton, WI, to AGL WI D Appleton, WI [Amended] support instrument flight rules (IFR) The FAA has determined that this Appleton International Airport, WI operations at the airport. regulation only involves an established (Lat. 44°15′29″ N, long 88°31′09″ W) body of technical regulations for which History That airspace extending upward from the frequent and routine amendments are surface to and including 3,400 feet MSL The FAA published a notice of necessary to keep them operationally within a 4.2-mile radius of Appleton proposed rulemaking (NPRM) in the current, is non-controversial and International Airport. This Class D airspace Federal Register (83 FR 11445; March unlikely to result in adverse or negative area is effective during the specific dates and 15, 2018) for Docket No. FAA–2018– comments. It, therefore: (1) Is not a times established in advance by a Notice to 0006 to modify Class D airspace at ‘‘significant regulatory action’’ under Airmen. The effective date and time will Appleton International Airport, Executive Order 12866; (2) is not a thereafter be continuously published in the Chart Supplement. Appleton, WI. Interested parties were ‘‘significant rule’’ under DOT invited to participate in this rulemaking Regulatory Policies and Procedures (44 Issued in Fort Worth, Texas, on August 31, effort by submitting written comments FR 11034; February 26, 1979); and (3) 2018. on the proposal to the FAA. No does not warrant preparation of a Anthony Schneider, comments were received. regulatory evaluation as the anticipated Manager, Operations Support Group, ATO Class D airspace designations are impact is so minimal. Since this is a Central Service Center. published in paragraph 5000 of FAA routine matter that only affects air traffic [FR Doc. 2018–19478 Filed 9–10–18; 8:45 am] Order 7400.11B, dated August 3, 2017, procedures and air navigation, it is BILLING CODE 4910–13–P and effective September 15, 2017, which certified that this rule, when is incorporated by reference in 14 CFR promulgated, does not have a significant 71.1. The Class D airspace designations economic impact on a substantial DEPARTMENT OF TRANSPORTATION listed in this document will be number of small entities under the published subsequently in the Order. criteria of the Regulatory Flexibility Act. Federal Aviation Administration Availability and Summary of Environmental Review 14 CFR Part 71 Documents for Incorporation by The FAA has determined that this Reference [Docket No. FAA–2018–0810; Airspace action qualifies for categorical exclusion Docket No. 18–ASO–16] This document amends FAA Order under the National Environmental 7400.11B, Airspace Designations and Policy Act in accordance with FAA RIN 2120–AA66 Reporting Points, dated August 3, 2017, Order 1050.1F, ‘‘Environmental Amendment of Class D Airspace; Olive and effective September 15, 2017. FAA Impacts: Policies and Procedures,’’ Branch, MS Order 7400.11B is publicly available as paragraph 5–6.5.a. This airspace action listed in the ADDRESSES section of this is not expected to cause any potentially AGENCY: Federal Aviation document. FAA Order 7400.11B lists significant environmental impacts, and Administration (FAA), DOT. Class A, B, C, D, and E airspace areas, no extraordinary circumstances exist ACTION: Final rule, technical air traffic service routes, and reporting that warrant preparation of an amendment. points. environmental assessment. SUMMARY: This action amends Class D The Rule Lists of Subjects in 14 CFR Part 71 airspace for Olive Branch Airport, Olive This amendment to Title 14, Code of Airspace, Incorporation by reference, Branch, MS, by adding the Memphis Federal Regulations (14 CFR) part 71 Navigation (air). Class B exclusionary language back into modifies Class D airspace extending Adoption of the Amendment the legal description. The exclusionary upward from the surface to and language was inadvertently omitted including 3,400 feet MSL within a 4.2- In consideration of the foregoing, the from the final rule published July 30, mile radius (decreased from a 4.4-mile Federal Aviation Administration 2018, amending Class D and Class E radius) of Appleton International amends 14 CFR part 71 as follows: airspace at this airport. Airport (formerly Outagamie County Airport), Appleton, WI. Airspace PART 71—DESIGNATION OF CLASS A, DATES: Effective 0901 UTC, September reconfiguration is necessary due to the B, C, D, AND E AIRSPACE AREAS; AIR 11, 2018. The Director of the Federal decommissioning of the GAMIE LOM/ TRAFFIC SERVICE ROUTES; AND Register approves this incorporation by OM. REPORTING POINTS reference action under title 1, Code of This action also updates the airport Federal Regulations, part 51, subject to name and geographic coordinates of the ■ 1. The authority citation for part 71 the annual revision of FAA Order airport to coincide with the FAA’s continues to read as follows: 7400.11 and publication of conforming aeronautical database. Authority: 49 U.S.C. 106(f), 106(g); 40103, amendments. Additionally, this action makes an 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ADDRESSES: FAA Order 7400.11B, editorial change to the Class D airspace 1959–1963 Comp., p. 389. Airspace Designations and Reporting legal description replacing ‘‘Airport/ Points, and subsequent amendments can § 71.1 [Amended] Facility Directory’’ with the term ‘‘Chart be viewed online at http://www.faa.gov/ Supplement’’. ■ 2. The incorporation by reference in air_traffic/publications/. For further Finally, an editorial change would be 14 CFR 71.1 of FAA Order 7400.11B, information, you can contact the made removing the name of the city Airspace Designations and Reporting Airspace Policy Group, Federal Aviation

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Administration, 800 Independence Availability and Summary of is not expected to cause any potentially Avenue SW, Washington, DC 20591; Documents for Incorporation by significant environmental impacts, and telephone: (202) 267–8783. The Order is Reference no extraordinary circumstances exist also available for inspection at the This document amends FAA Order that warrant preparation of an National Archives and Records 7400.11B, Airspace Designations and environmental assessment. Administration (NARA). For Reporting Points, dated August 3, 2017, Lists of Subjects in 14 CFR Part 71 information on the availability of FAA and effective September 15, 2017. FAA Order 7400.11B at NARA, call (202) Order 7400.11B is publicly available as Airspace, Incorporation by reference, 741–6030, or go to https:// listed in the ADDRESSES section of this Navigation (air). www.archives.gov/federal-register/cfr/ document. FAA Order 7400.11B lists ibr-locations.html. Class A, B, C, D, and E airspace areas, Adoption of the Amendment FAA Order 7400.11, Airspace air traffic service routes, and reporting Designations and Reporting Points, is points. In consideration of the foregoing, the published yearly and effective on Federal Aviation Administration September 15. The Rule amends 14 CFR part 71 as follows: FOR FURTHER INFORMATION CONTACT: John This action amends Title 14 Code of Fornito, Operations Support Group, Federal Regulations (14 CFR) part 71 by PART 71—DESIGNATION OF CLASS A, Eastern Service Center, Federal Aviation adding to the Class D legal description B, C, D, AND E AIRSPACE AREAS; AIR Administration, 1701 Columbia Avenue, for Olive Branch Airport, Olive Branch, TRAFFIC SERVICE ROUTES; AND College Park, GA 30337; telephone (404) MS, the following text that reads REPORTING POINTS 305–6364. ‘‘excluding that airspace within the SUPPLEMENTARY INFORMATION: Memphis Class B airspace area.’’ ■ 1. The authority citation for part 71 Accordingly, action is take herein to continues to read as follows: Authority for This Rulemaking add this exclusion of Memphis Class B The FAA’s authority to issue rules airspace to the legal description in the Authority: 49 U.S.C. 106(f), 106(g); 40103, regarding aviation safety is found in interest of flight safety. Therefore, I find 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Title 49 of the United States Code. that notice and public procedure under 1959–1963 Comp., p. 389. Subtitle I, Section 106 describes the 5 U.S.C. 553(b) are impracticable and § 71.1 [Amended] authority of the FAA Administrator. contrary to the public interest. Subtitle VII, Aviation Programs, To avoid confusion on the part of ■ 2. The incorporation by reference in describes in more detail the scope of the pilots flying in the vicinity of Olive 14 CFR 71.1 of Federal Aviation agency’s authority. This rulemaking is Branch Airport, Olive Branch, MS, the Administration Order 7400.11B, promulgated under the authority FAA finds good cause, pursuant to 5 Airspace Designations and Reporting described in Subtitle VII, Part A, U.S.C. 553(d), for making this rule Points, dated August 3, 2017, effective Subpart I, Section 40103. Under that effective in less than 30 days in order to September 15, 2017, is amended as section, the FAA is charged with promote the safe and efficient handling follows: prescribing regulations to assign the use of air traffic in the area. of airspace necessary to ensure the Paragraph 5000 Class D Airspace. Regulatory Notices and Analyses safety of aircraft and the efficient use of * * * * * airspace. This regulation is within the The FAA has determined that this scope of that authority as it amends regulation only involves an established ASO MS D Olive Branch, MS [Amended] Class D airspace at Olive Branch body of technical regulations for which Olive Branch Airport, MS Airport, Olive Branch, MS, to support frequent and routine amendments are (Lat. 34°58′44″ N, long. 89°47′13″ W) IFR operations at the airport. necessary to keep them operationally That airspace extending upward from the current. Therefore, this regulation: (1) Is History surface to and including 2,900 feet within a not a ‘‘significant regulatory action’’ 4.1-mile radius of Olive Branch Airport, The FAA published a final rule in the under Executive Order 12866; (2) is not excluding that airspace within the Memphis Federal Register (83 FR 36402; July 30, a ‘‘significant rule’’ under DOT Class B airspace area. This Class D airspace 2018) for Docket No. FAA–2017–0866 Regulatory Policies and Procedures (44 area is effective during the specific days and amending Class D airspace, removing FR 11034; February 26, 1979); and (3) times established in advance by a Notice to Class E airspace, and establishing Class does not warrant preparation of a Airmen. The effective days and times will E airspace at Olive Branch Airport, regulatory evaluation as the anticipated thereafter be continuously published in the Olive Branch, MS. impact is so minimal. Since this is a Chart Supplement. Subsequent to publication, the FAA routine matter that only affects air traffic Issued in College Park, Georgia, on August discovered the Memphis Class B procedures and air navigation, it is 28, 2018. airspace exclusionary language was certified that this rule, when omitted from the Class D legal promulgated, does not have a significant Ryan W. Almasy, description of the airport. This rule adds economic impact on a substantial Manager, Operations Support Group, Eastern the Class B exclusionary language back number of small entities under the Service Center, Air Traffic Organization. into the legal description. criteria of the Regulatory Flexibility Act. [FR Doc. 2018–19486 Filed 9–10–18; 8:45 am] Class D airspace designations are BILLING CODE 4910–13–P published in paragraph 5000, of FAA Environmental Review Order 7400.11B dated August 3, 2017, The FAA has determined that this and effective September 15, 2017, which action qualifies for categorical exclusion is incorporated by reference in 14 CFR under the National Environmental part 71.1. The Class D and E airspace Policy Act in accordance with FAA designations listed in this document Order 1050.1F, ‘‘Environmental will be published subsequently in the Impacts: Policies and Procedures,’’ Order. paragraph 5–6.5a. This airspace action

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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: John 71.1. The E airspace designations listed Fornito, Operations Support Group, in this document will be published Federal Aviation Administration Eastern Service Center, Federal Aviation subsequently in the Order. Administration, 1701 Columbia Avenue, 14 CFR Part 71 College Park, GA 30337; telephone (404) Availability and Summary of 305–6364. Documents for Incorporation by [Docket No. FAA–2018–0322; Airspace Reference Docket No. 18–AEA–12] SUPPLEMENTARY INFORMATION: RIN 2120–AA66 Authority for This Rulemaking This document amends FAA Order 7400.11B, Airspace Designations and The FAA’s authority to issue rules Amendment of Class E Airspace; regarding aviation safety is found in Reporting Points, dated August 3, 2017, Williamsport, PA Title 49 of the United States Code. and effective September 15, 2017. FAA Order 7400.11B is publicly available as AGENCY: Federal Aviation Subtitle I, Section 106 describes the listed in the ADDRESSES section of this Administration (FAA), DOT. authority of the FAA Administrator. document. FAA Order 7400.11B lists ACTION: Final rule. Subtitle VII, Aviation Programs, describes in more detail the scope of the Class A, B, C, D, and E airspace areas, SUMMARY: This action amends Class E agency’s authority. This rulemaking is air traffic service routes, and reporting airspace extending upward from 700 promulgated under the authority points. feet or more above the surface at described in Subtitle VII, Part A, The Rule Williamsport Regional Airport, Subpart I, Section 40103. Under that Williamsport, PA. Airspace section, the FAA is charged with This amendment to Title 14 Code of reconfiguration is necessary due to the prescribing regulations to assign the use Federal Regulations (14 CFR) amends decommissioning of Picture Rocks non- of airspace necessary to ensure the part 71 by amending Class E airspace directional radio beacon (NDB), and safety of aircraft and the efficient use of extending upward from 700 feet or more cancellation of the NDB approaches. airspace. This regulation is within the above the surface at Williamsport Controlled airspace is necessary for the scope of that authority as it amends Regional Airport to within a 12.6-mile safety and management of instrument Class E airspace at Williamsport radius of the airport due to the flight rules (IFR) operations at this Regional Airport, Williamsport, PA, and decommissioning of the Picture Rocks airport. This action also recognizes the Williamsport Hospital Medical Center NDB, and cancellation of the NDB name change to Williamsport Hospital Heliport, to support standard approach. The Williamsport Regional Medical Center Heliport (formerly instrument approach procedures for IFR Airport ILS localizer is removed as it is Williamsport Hospital). The title of this operations in the area. no longer needed to define the rule is changed to only show that we are History boundary. Also, the name of amending Class E airspace extending Williamsport Hospital is changed to upward from 700 feet above the surface The FAA published a notice of proposed rulemaking (NPRM) in the Williamsport Hospital Medical Center with this rule. The Class D and Heliport. remaining Class E airspace areas have Federal Register (83 FR 25967, June 5, been amended in a separate rulemaking. 2018) for Docket No. FAA–2018–0322 to We have removed the amendments amend Class D airspace, Class E surface that were made for Williamsport DATES: Effective 0901 UTC, November 8, airspace, Class E airspace designated as Regional Airport noted in Class D 2018. The Director of the Federal an extension to a Class D surface area, airspace, Class E surface airspace, and Register approves this incorporation by and Class E airspace extending upward Class E airspace designated as an reference action under title 1, Code of from 700 feet or more above the surface extension to a Class D surface area, as Federal Regulations, part 51, subject to at Williamsport Regional Airport, they were addressed in a separate the annual revision of FAA Order Williamsport, PA. rulemaking (FR 83 38016). 7400.11 and publication of conforming Subsequent to publication, the FAA amendments. found that the name of Williamsport Regulatory Notices and Analyses ADDRESSES: FAA Order 7400.11B, Hospital has changed to Williamsport The FAA has determined that this Airspace Designations and Reporting Hospital Medical Center Heliport, and is regulation only involves an established Points, and subsequent amendments can corrected in this rule. be viewed online at http://www.faa.gov/ Also, we are not retaining the body of technical regulations for which air_traffic/publications/. For further proposal as stated, and only going frequent and routine amendments are information, you can contact the forward with amending Class E airspace necessary to keep them operationally Airspace Policy Group, Federal Aviation extending upward from 700 feet above current. It, therefore: (1) Is not a Administration, 800 Independence the surface at Williamsport Regional ‘‘significant regulatory action’’ under Avenue SW, Washington, DC 20591; Airport. The previous amendments Executive Order 12866; (2) is not a telephone: (202) 267–8783. The Order is proposed in the NPRM have been ‘‘significant rule’’ under DOT also available for inspection at the executed in a final rule published Regulatory Policies and Procedures (44 National Archives and Records August 3, 2018 (83 FR 38016). FR 11034; February 26, 1979); and (3) Administration (NARA). For Interested parties were invited to does not warrant preparation of a information on the availability of FAA participate in this rulemaking effort by regulatory evaluation as the anticipated Order 7400.11B at NARA, call (202) submitting written comments on the impact is so minimal. Since this is a 741–6030, or go to https:// proposal to the FAA. No comments routine matter that only affects air traffic www.archives.gov/federal-register/cfr/ were received. procedures and air navigation, it is ibr-locations.html. Class E airspace designations are certified that this rule, when FAA Order 7400.11, Airspace published in Paragraph 6005, of FAA promulgated, does not have a significant Designations and Reporting Points, is Order 7400.11B, dated August 3, 2017, economic impact on a substantial published yearly and effective on and effective September 15, 2017, which number of small entities under the September 15. is incorporated by reference in 14 CFR criteria of the Regulatory Flexibility Act.

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Environmental Review DEPARTMENT OF TRANSPORTATION Section 106, describes the authority of the FAA Administrator. Subtitle VII, The FAA has determined that this Federal Aviation Administration Aviation Programs, describes in more action qualifies for categorical exclusion detail the scope of the agency’s under the National Environmental 14 CFR Part 71 authority. This rulemaking is Policy Act in accordance with FAA promulgated under the authority Order 1050.1F, ‘‘Environmental [Docket No. FAA–2018–0727; Airspace Docket No. 18–AEA–15] described in Subtitle VII, Part A, Impacts: Policies and Procedures,’’ Subpart I, Section 40103. Under that paragraph 5–6.5a. This airspace action RIN 2120–AA66 section, the FAA is charged with is not expected to cause any potentially prescribing regulations to assign the use Amendment of Class E Airspace; significant environmental impacts, and of airspace necessary to ensure the Lynchburg, VA no extraordinary circumstances exist safety of aircraft and the efficient use of that warrant preparation of an AGENCY: Federal Aviation airspace. This regulation is within the environmental assessment. Administration (FAA), DOT. scope of that authority as it makes a Lists of Subjects in 14 CFR Part 71 ACTION: Final rule; technical clerical correction removing the amendment. NOTAM part-time status from the Class Airspace, Incorporation by reference, E airspace area designated as an Navigation (air). SUMMARY: This action amends the legal extension at Lynchburg Regional description of the Class E airspace at Airport-Preston Glenn Field, Lynchburg, Adoption of the Amendment Lynchburg Regional Airport-Preston VA. Glenn Field Airport, Lynchburg, VA. In consideration of the foregoing, the History Federal Aviation Administration The NOTAM part-time status is amends 14 CFR part 71 as follows: removed from the Class E airspace area The FAA Aeronautical Information designated as an extension to a Class D Services branch found the Class E PART 71—DESIGNATION OF CLASS A, surface area. This action does not affect airspace area designated as an extension B, C, D, AND E AIRSPACE AREAS; AIR the boundaries or operating to a Class D surface area at Lynchburg TRAFFIC SERVICE ROUTES; AND requirements of the airspace. Regional Airport-Preston Glenn Field REPORTING POINTS DATES: Effective 0901 UTC, November 8, Airport, Lynchburg, VA, was incorrectly 2018. The Director of the Federal identified as part time. This action also ■ 1. The authority citation for part 71 Register approves this incorporation by changes the airport name to Lynchburg continues to read as follows: reference action under title 1, Code of Regional Airport-Preston Glenn Field. Federal Regulations, part 51, subject to Class E airspace designations are Authority: 49 U.S.C. 106(f), 106(g); 40103, the annual revision of FAA Order published in paragraph 6004 of FAA 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Order 7400.11B dated August 3, 2017, 1959–1963 Comp., p. 389. 7400.11 and publication of conforming amendments. and effective September 15, 2017, which is incorporated by reference in 14 CFR § 71.1 [Amended] ADDRESSES: FAA Order 7400.11.B Airspace Designations and Reporting part 71.1. The Class E airspace ■ 2. The incorporation by reference in Points, and subsequent amendments can designations listed in this document 14 CFR 71.1 of Federal Aviation be viewed online at http://www.faa.gov/ will be published subsequently in the Administration Order 7400.11B, airtraffic/publications/. For further Order. Airspace Designations and Reporting information, you can contact the Points, dated August 3, 2017, and Availability and Summary of Airspace Policy and Regulations Group, effective September 15, 2017, is Documents for Incorporation by Federal Aviation Administration, 800 amended as follows: Reference Independence Avenue SW, Washington, This document amends FAA Order Paragraph 6005 Class E Airspace Areas DC 20591; telephone: (202) 267–8783. 7400.11B, Airspace Designations and Extending Upward From 700 Feet or More The Order is also available for Above the Surface of the Earth. Reporting Points, dated August 3, 2017, inspection at the National Archives and and effective September 15, 2017. FAA * * * * * Records Administration (NARA). For Order 7400.11B is publicly available as AEA PA E5 Williamsport, PA [Amended] information on the availability of this listed in the ADDRESSES section of this material at NARA, call (202) 741–6030, Williamsport Regional Airport, PA document. FAA Order 7400.11B lists (Lat. 41°14′30″ N, long. 76°55′19″ W) or go to https://www.archives.gov/ Class A, B, C, D, and E airspace areas, Williamsport Hospital Medical Center federal-register/cfr/ibr-locations.html. air traffic service routes, and reporting Heliport, Point In Space Coordinates FAA Order 7400.11, Airspace points. (Lat. 41°14′51″ N, long. 77°00′55″ W) Designations and Reporting Points, is That airspace extending upward from 700 published yearly and effective on The Rule feet above the surface within a 12.6-mile September 15. This action amends Title 14 Code of radius of Williamsport Regional Airport, and FOR FURTHER INFORMATION CONTACT: John Federal Regulations (14 CFR) part 71 by that airspace within a 6-mile radius of the Fornito, Operations Support Group, removing the NOTAM part-time status point in space (lat. 41°14′51″ N, long. ° ′ ″ Eastern Service Center, Federal Aviation from the Class E airspace area 77 00 55 W) serving Williamsport Hospital Administration, 1701 Columbia Avenue, Medical Center Heliport. designated as an extension to a Class D College Park, GA 30337; telephone (404) airspace at Lynchburg Regional Airport- Is Issued in College Park, Georgia, on 305–6364. Preston Glenn Field Airport, Lynchburg, August 28, 2018. SUPPLEMENTARY INFORMATION: VA. The airport name also is changed Ryan W. Almasy, from Lynchburg Regional-Preston Glenn Manager, Operations Support Group, Eastern Authority for This Rulemaking Field to Lynchburg Regional Airport- Service Center, Air Traffic Organization. The FAA’s authority to issue rules Preston Glenn Field. [FR Doc. 2018–19487 Filed 9–10–18; 8:45 am] regarding aviation safety is found in This is an administrative change and BILLING CODE 4910–13–P Title 49 of the U.S. Code. Subtitle 1, does not affect the boundaries, or

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operating requirements of the airspace, Paragraph 6004 Class E Airspace Points, and subsequent amendments can therefore, notice and public procedure Designated as an Extension to Class D or E be viewed online at http://www.faa.gov/ under 5 U.S.C. 553(b) are unnecessary. Surface Area. air_traffic/publications/. For further * * * * * information, you can contact the Regulatory Notices and Analyses AEA VA E4 Lynchburg, VA [Amended] Airspace Policy Group, Federal Aviation The FAA has determined that this Administration, 800 Independence regulation only involves an established Lynchburg Regional Airport-Preston Glenn Field, VA Avenue SW, Washington, DC 20591; body of technical regulations for which (Lat. 37°19′31″ N, long. 79°12′04″ W) telephone: (202) 267–8783. The Order is frequent and routine amendments are Lynchburg VORTAC also available for inspection at the necessary to keep them operationally (Lat. 37°15′16″ N, long. 79°14′11″ W) National Archives and Records current. Therefore, this regulation: (1) Is That airspace extending upward from the Administration (NARA). For not a ‘‘significant regulatory action’’ surface within 2.7 miles each side of the information on the availability of FAA under Executive Order 12866; (2) is not Lynchburg VORTAC 020° and 200° radials Order 7400.11B at NARA, call (202) a ‘‘significant rule’’ under DOT extending from the 4.5-mile radius of 741–6030, or go to https:// Regulatory Policies and Procedures (44 Lynchburg Regional Airport-Preston Glenn www.archives.gov/federal-register/cfr/ FR 11034; February 26, 1979); and (3) Field to 1 mile south of the VORTAC and ibr-locations.html. within 1.8 miles each side of the Lynchburg does not warrant preparation of a ° FAA Order 7400.11, Airspace regulatory evaluation as the anticipated VORTAC 022 radial extending from the 4.5-mile radius of the airport to 11.3 miles Designations and Reporting Points, is impact is so minimal. Since this is a northeast of the VORTAC. published yearly and effective on routine matter that only affects air traffic September 15. Issued in College Park, Georgia, on August procedures and air navigation, it is FOR FURTHER INFORMATION CONTACT: John certified that this rule, when 28, 2018. Ryan W. Almasy, Fornito, Operations Support Group, promulgated, does not have a significant Eastern Service Center, Federal Aviation economic impact on a substantial Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization. Administration, 1701 Columbia Avenue, number of small entities under the College Park, GA 30337; telephone (404) criteria of the Regulatory Flexibility Act. [FR Doc. 2018–19493 Filed 9–10–18; 8:45 am] 305–6364. BILLING CODE 4910–13–P Environmental Review SUPPLEMENTARY INFORMATION: The FAA has determined that this Authority for This Rulemaking action qualifies for categorical exclusion DEPARTMENT OF TRANSPORTATION The FAA’s authority to issue rules under the National Environmental regarding aviation safety is found in Policy Act in accordance with FAA Federal Aviation Administration Title 49 of the United States Code. Order 1050.1F, ‘‘Environmental Subtitle I, Section 106 describes the Impacts: Policies and Procedures,’’ 14 CFR Part 71 authority of the FAA Administrator. paragraph 5–6.5.a. This airspace action [Docket No. FAA–2018–0825; Airspace Subtitle VII, Aviation Programs, is not expected to cause any potentially Docket No. 18–ASO–17] describes in more detail the scope of the significant environmental impacts, and agency’s authority. This rulemaking is no extraordinary circumstances exist RIN 2120–AA66 promulgated under the authority that warrant preparation of an Amendment of Class D and Class E described in Subtitle VII, Part A, environmental assessment. Airspace; Louisville, KY Subpart I, Section 40103. Under that Lists of Subjects in 14 CFR Part 71 section, the FAA is charged with AGENCY: Federal Aviation prescribing regulations to assign the use Airspace, Incorporation by reference, Administration (FAA), DOT. Navigation (air). of airspace necessary to ensure the ACTION: Final rule, technical safety of aircraft and the efficient use of Adoption of the Amendment amendment. airspace. This regulation is within the scope of that authority as it amends In consideration of the foregoing, the SUMMARY: This action amends Class D Class D and Class E airspace at Bowman Federal Aviation Administration airspace and Class E surface airspace for Field Airport, Louisville, KY, to support amends 14 CFR part 71 as follows: Bowman Field Airport, Louisville, KY, IFR operations at the airport. by adding the Louisville International PART 71—DESIGNATION OF CLASS A, Airport Class C exclusionary language History B, C, D, AND E AIRSPACE AREAS; AIR into the legal description. The TRAFFIC SERVICE ROUTES; AND The FAA published a final rule in the exclusionary language was REPORTING POINTS Federal Register (82 FR 50506; inadvertently omitted from the final rule November 1, 2017) for Docket No. FAA– ■ 1. The authority citation for part 71 published November 1, 2017. This 2016–9499 amending Class D airspace, continues to read as follows: action also makes a minor editorial and Class E surface airspace at Bowman change to the Louisville, KY, airspace Field Airport, Louisville, KY. Authority: 49 U.S.C. 106(g); 40103, 40113, designation and airport name. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Subsequent to publication, the FAA 1963 Comp., p. 389. DATES: Effective 0901 UTC, September discovered the Louisville Standiford 11, 2018. The Director of the Federal Field Class C airspace exclusionary § 71.1 [Amended] Register approves this incorporation by language was omitted from the Class D ■ 2. The incorporation by reference in reference action under title 1, Code of legal description of the airport. This rule 14 CFR 71.1 of Federal Aviation Federal Regulations, part 51, subject to adds the Class C exclusionary language Administration Order 7400.11B, the annual revision of FAA Order into the legal descriptions, noting the Airspace Designations and Reporting 7400.11 and publication of conforming airport name change to Louisville Points, dated August 3, 2017, effective amendments. International Airport. September 15, 2017, is amended as ADDRESSES: FAA Order 7400.11B, An editorial change is made that follows: Airspace Designations and Reporting removes the airport name from the

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Louisville, KY, airspace designation, Field Airport, Louisville, KY, the FAA Points, dated August 3, 2017, effective and the city from the airport name. finds good cause, pursuant to 5 U.S.C. September 15, 2017, is amended as Class D airspace and Class E surface 553(d), for making this rule effective in follows: airspace designations are published in less than 30 days in order to promote paragraph 5000, and 6002 of FAA Order the safe and efficient handling of air Paragraph 5000 Class D Airspace. 7400.11B dated August 3, 2017, and traffic in the area. * * * * * effective September 15, 2017, which is incorporated by reference in 14 CFR Regulatory Notices and Analyses ASO KY D Louisville, KY [Amended] part 71.1. The Class D and E airspace The FAA has determined that this Bowman Field Airport, KY designations listed in this document regulation only involves an established (Lat. 38°13′41″ N, long. 85°39′49″ W) will be published subsequently in the body of technical regulations for which Louisville International Airport, KY ° ′ ″ ° ′ ″ Order. frequent and routine amendments are (Lat. 38 10 27 N, long. 85 44 11 W) That airspace extending upward from the Availability and Summary of necessary to keep them operationally current. Therefore, this regulation: (1) Is surface to but not including 2,200 feet MSL Documents for Incorporation by within a 3.9-mile radius of Bowman Field Reference not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not Airport, excluding that portion within the This document amends FAA Order a ‘‘significant rule’’ under DOT Louisville International Airport Class C 7400.11B, Airspace Designations and Regulatory Policies and Procedures (44 airspace area, and excluding that portion south of the 081° bearing from Louisville Reporting Points, dated August 3, 2017, FR 11034; February 26, 1979); and (3) International Airport, and also excluding that and effective September 15, 2017. FAA does not warrant preparation of a Order 7400.11B is publicly available as portion north of the Louisville International regulatory evaluation as the anticipated Airport Class C airspace area and west of a listed in the ADDRESSES section of this impact is so minimal. Since this is a ° ′ ″ document. FAA Order 7400.11B lists line drawn from lat. 38 11 28 N, long. routine matter that only affects air traffic 85°42′01″ W. direct thru the point where the Class A, B, C, D, and E airspace areas, procedures and air navigation, it is 030° bearing from Louisville International air traffic service routes, and reporting certified that this rule, when Airport intersects the 5-mile radius from points. promulgated, does not have a significant Louisville International Airport to the point The Rule economic impact on a substantial of intersection with the 3.9-mile radius from number of small entities under the Bowman Field Airport. This Class D airspace This action amends Title 14 Code of criteria of the Regulatory Flexibility Act. area is effective during the specific dates and Federal Regulations (14 CFR) part 71 by times established in advance by a Notice to adding to the Class D and Class E Environmental Review Airmen. The effective date and time will surface area legal descriptions for The FAA has determined that this thereafter be continuously published in the Bowman Field Airport, Louisville, KY, action qualifies for categorical exclusion Chart Supplement. the following text that reads ‘‘excluding under the National Environmental that portion within the Louisville Paragraph 6002 Class E Surface Area Policy Act in accordance with FAA Airspace. International Airport Class C airspace Order 1050.1F, ‘‘Environmental area, and excluding that portion south * * * * * ° Impacts: Policies and Procedures,’’ of the 081 bearing from Louisville paragraph 5–6.5a. This airspace action ASO KY E2 Louisville, KY [Amended] International Airport, and also is not expected to cause any potentially Bowman Field Airport, KY excluding that portion north of the significant environmental impacts, and (Lat. 38°13′41″ N, long. 85°39′49″ W) Louisville International Airport Class C no extraordinary circumstances exist Louisville International Airport, KY airspace area and west of a line drawn that warrant preparation of an (Lat. 38°10′27″ N, long. 85°44′11″ W) E–104 from lat. 38°11′28″ N long. 85°42′01″ W ° environmental assessment. Within a 3.9-mile radius of Bowman Field direct thru the point where the 030 Airport, excluding that portion within the bearing from Louisville International Lists of Subjects in 14 CFR Part 71 Louisville International Airport Field Class C Airport intersects the 5-mile radius from Airspace, Incorporation by reference, airspace area, and excluding that portion Louisville International Airport to the Navigation (air). south of the 081° bearing from Louisville point of intersection with the 3.9-mile International Airport, and also excluding that radius from Bowman Field Airport.’’ Adoption of the Amendment portion north of the Louisville International This action makes an editorial change to In consideration of the foregoing, the Airport Class C airspace area and west of a ° ′ ″ the Louisville, KY, airspace designation Federal Aviation Administration line drawn from lat. 38 11 28 N, long. by removing the airport name of 85°42′01″ W direct thru the point where the amends 14 CFR part 71 as follows: ° Bowman Field. This action also removes 030 bearing from Louisville International the city name (Louisville) from the PART 71—DESIGNATION OF CLASS A, Airport intersects the 5-mile radius from airport name of Bowman Field Airport, B, C, D, AND E AIRSPACE AREAS; AIR Louisville International Airport to the point to comply with FAA Order 7400.2L, TRAFFIC SERVICE ROUTES; AND of intersection with the 3.9-mile radius from REPORTING POINTS Bowman Field Airport. This Class E airspace Procedures for Handling Airspace area is effective during the specific dates and Matters. times established in advance by a Notice to Accordingly, action is take herein to ■ 1. The authority citation for part 71 continues to read as follows: Airmen. The effective date and time will add this exclusion of Louisville thereafter be continuously published in the International Airport Class C airspace to Authority: 49 U.S.C. 106(f), 106(g); 40103, Chart Supplement. the legal description for Bowman Field 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Airport, Louisville, KY, in the interest of 1959–1963 Comp., p. 389. Issued in College Park, Georgia, on August flight safety. Therefore, I find that notice 29, 2018. § 71.1 [Amended] and public procedure under 5 U.S.C. Ryan W. Almasy, 553(b) are impracticable and contrary to ■ 2. The incorporation by reference in Manager, Operations Support Group, Eastern the public interest. 14 CFR 71.1 of Federal Aviation Service Center, Air Traffic Organization. To avoid confusion on the part of Administration Order 7400.11B, [FR Doc. 2018–19490 Filed 9–10–18; 8:45 am] pilots flying in the area of Bowman Airspace Designations and Reporting BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION Availability Minimums and/or ODPS as identified in All SIAPs and Takeoff Minimums and the amendatory language for part 97 of Federal Aviation Administration ODPs are available online free of charge. this final rule. Visit the National Flight Data Center at 14 CFR Part 97 The Rule nfdc.faa.gov to register. Additionally, This amendment to 14 CFR part 97 is [Docket No. 31211; Amdt. No. 3815] individual SIAP and Takeoff Minimums and ODP copies may be obtained from effective upon publication of each Standard Instrument Approach the FAA Air Traffic Organization separate SIAP, Takeoff Minimums and Procedures, and Takeoff Minimums Service Area in which the affected ODP as Amended in the transmittal. and Obstacle Departure Procedures; airport is located. Some SIAP and Takeoff Minimums and textual ODP amendments may have Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT: been issued previously by the FAA in a Thomas J. Nichols, Flight Procedure AGENCY: Federal Aviation Flight Data Center (FDC) Notice to Standards Branch (AFS–420), Flight Administration (FAA), DOT. Airmen (NOTAM) as an emergency Technologies and Programs Divisions, action of immediate flight safety relating ACTION: Final rule. Flight Standards Service, Federal directly to published aeronautical Aviation Administration, Mike SUMMARY: This rule establishes, amends, charts. Monroney Aeronautical Center, 6500 suspends, or removes Standard South MacArthur Blvd., Oklahoma City, The circumstances that created the Instrument Approach Procedures OK, 73169 (Mail Address: P.O. Box need for some SIAP and Takeoff (SIAPs) and associated Takeoff 25082, Oklahoma City, OK 73125) Minimums and ODP amendments may Minimums and Obstacle Departure Telephone: (405) 954–4164. require making them effective in less Procedures (ODPs) for operations at than 30 days. For the remaining SIAPs SUPPLEMENTARY INFORMATION: This rule certain airports. These regulatory and Takeoff Minimums and ODPs, an amends Title 14 of the Code of Federal actions are needed because of the effective date at least 30 days after Regulations, Part 97 (14 CFR part 97), by adoption of new or revised criteria, or publication is provided. establishing, amending, suspending, or because of changes occurring in the Further, the SIAPs and Takeoff National Airspace System, such as the removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory Minimums and ODPs contained in this commissioning of new navigational amendment are based on the criteria facilities, adding new obstacles, or description of each SIAP and its associated Takeoff Minimums or ODP contained in the U.S. Standard for changing air traffic requirements. These Terminal Instrument Procedures changes are designed to provide safe for an identified airport is listed on FAA form documents which are incorporated (TERPS). In developing these SIAPs and and efficient use of the navigable Takeoff Minimums and ODPs, the airspace and to promote safe flight by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 TERPS criteria were applied to the operations under instrument flight rules conditions existing or anticipated at the at the affected airports. CFR part 97.20. The applicable FAA forms are FAA Forms 8260–3, 8260–4, affected airports. Because of the close DATES: This rule is effective September 8260–5, 8260–15A, and 8260–15B when and immediate relationship between 11, 2018. The compliance date for each required by an entry on 8260–15A. these SIAPs, Takeoff Minimums and SIAP, associated Takeoff Minimums, The large number of SIAPs, Takeoff ODPs, and safety in air commerce, I find and ODP is specified in the amendatory Minimums and ODPs, their complex that notice and public procedure under provisions. nature, and the need for a special format 5 U.S.C. 553(b) are impracticable and The incorporation by reference of make publication in the Federal contrary to the public interest and, certain publications listed in the Register expensive and impractical. where applicable, under 5 U.S.C. 553(d), regulations is approved by the Director Further, airmen do not use the good cause exists for making some of the Federal Register as of September regulatory text of the SIAPs, Takeoff SIAPs effective in less than 30 days. 11, 2018. Minimums or ODPs, but instead refer to The FAA has determined that this ADDRESSES: Availability of matters their graphic depiction on charts regulation only involves an established incorporated by reference in the printed by publishers of aeronautical body of technical regulations for which amendment is as follows: materials. Thus, the advantages of frequent and routine amendments are necessary to keep them operationally For Examination incorporation by reference are realized and publication of the complete current. It, therefore—(1) is not a 1. U.S. Department of Transportation, description of each SIAP, Takeoff ‘‘significant regulatory action’’ under Docket Ops–M30, 1200 New Jersey Minimums and ODP listed on FAA form Executive Order 12866;(2) is not a Avenue SE, West Bldg., Ground Floor, documents is unnecessary. This ‘‘significant rule’’ under DOT Washington, DC 20590–0001. amendment provides the affected CFR Regulatory Policies and Procedures (44 2. The FAA Air Traffic Organization sections and specifies the types of FR 11034; February 26,1979); and Service Area in which the affected SIAPs, Takeoff Minimums and ODPs (3)does not warrant preparation of a airport is located; with their applicable effective dates. regulatory evaluation as the anticipated 3. The office of Aeronautical This amendment also identifies the impact is so minimal. For the same Navigation Products, 6500 South airport and its location, the procedure, reason, the FAA certifies that this MacArthur Blvd., Oklahoma City, OK and the amendment number. amendment will not have a significant 73169, or economic impact on a substantial 4. The National Archives and Records Availability and Summary of Material number of small entities under the Administration (NARA). For Incorporated by Reference criteria of the Regulatory Flexibility Act. information on the availability of this The material incorporated by List of Subjects in 14 CFR Part 97 material at NARA, call 202–741–6030, reference is publicly available as listed or go to: http://www.archives.gov/ in the ADDRESSES section. Air traffic control, Airports, federal_register/code_of_federal_ The material incorporated by Incorporation by reference, Navigation regulations/ibr_locations.html. reference describes SIAPS, Takeoff (air).

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Issued in Washington, DC, on August 24, Oneonta, AL, Robbins Field, RNAV (GPS) Lyons, KS, Lyons-Rice County Muni, VOR– 2018. RWY 6, Orig-C A, Amdt 4B Rick Domingo, Oneonta, AL, Robbins Field, RNAV (GPS) Campbellsville, KY, Taylor County, Takeoff RWY 24, Orig-A Minimums and Obstacle DP, Orig-A Executive Director, Flight Standards Service. Oneonta, AL, Robbins Field, Takeoff Somerset, KY, Lake Cumberland Rgnl, RNAV Adoption of the Amendment Minimums and Obstacle DP, Orig-B (GPS) RWY 5, Orig Nogales, AZ, Nogales Intl, Takeoff Minimums Somerset, KY, Lake Cumberland Rgnl, RNAV Accordingly, pursuant to the and Obstacle DP, Amdt 3 (GPS) RWY 23, Amdt 2 authority delegated to me, Title 14, San Diego, CA, Montgomery—Gibbs Somerset, KY, Lake Cumberland Rgnl, RNAV Code of Federal Regulations, Part 97 (14 Executive, Takeoff Minimums and (GPS) Y RWY 5, Amdt 3A, CANCELED CFR part 97) is amended by Obstacle DP, Amdt 4A Somerset, KY, Lake Cumberland Rgnl, RNAV establishing, amending, suspending, or San Francisco, CA, San Francisco Intl, RNAV (GPS) Z RWY 5, Amdt 1A, CANCELED removing Standard Instrument (GPS) RWY 19L, Amdt 3A De Ridder, LA, Beauregard Rgnl, Takeoff Approach Procedures and/or Takeoff Tracy, CA, Tracy Muni, RNAV (GPS) RWY Minimums and Obstacle DP, Amdt 5 26, Amdt 1B Minimums and Obstacle Departure Belfast, ME, Belfast Muni, NDB RWY 15, Canon City, CO, Fremont County, Takeoff Amdt 4, CANCELED Procedures effective at 0901 UTC on the Minimums and Obstacle DP, Amdt 3 Presque Isle, ME, Northern Maine Rgnl Arpt dates specified, as follows: Georgetown, DE, Delaware Coastal, VOR at Presque IS, Takeoff Minimums and RWY 4, Orig Obstacle DP, Amdt 5 PART 97—STANDARD INSTRUMENT Boca Raton, FL, Boca Raton, RNAV (GPS) Y Charlevoix, MI, Charlevoix Muni, RNAV APPROACH PROCEDURES RWY 23, Amdt 1C (GPS) RWY 27, Orig-B Atlanta, GA, Newnan Coweta County, RNAV Fremont, MI, Fremont Muni, RNAV (GPS) ■ 1. The authority citation for part 97 (GPS) RWY 14, Amdt 1A RWY 1, Amdt 1C continues to read as follows: Atlanta, GA, Newnan Coweta County, RNAV Fremont, MI, Fremont Muni, RNAV (GPS) (GPS) RWY 32, Amdt 2A RWY 19, Amdt 1D Authority: 49 U.S.C. 106(f), 106(g), 40103, Atlanta, GA, Newnan Coweta County, VOR– 40106, 40113, 40114, 40120, 44502, 44514, Fremont, MI, Fremont Muni, Takeoff A, Amdt 8A Minimums and Obstacle DP, Orig-A 44701, 44719, 44721–44722. Milledgeville, GA, Baldwin County Rgnl, ■ Ironwood, MI, Gogebic-Iron County, ILS OR 2. Part 97 is amended to read as NDB RWY 28, Amdt 4A LOC RWY 27, Amdt 3B follows: Milledgeville, GA, Baldwin County Rgnl, Ironwood, MI, Gogebic-Iron County, VOR RNAV (GPS) RWY 10, Amdt 2A Effective 11 October 2018 RWY 9, Amdt 13A Milledgeville, GA, Baldwin County Rgnl, Ludington, MI, Mason County, RNAV (GPS) Litchfield, IL, Litchfield Muni, Takeoff RNAV (GPS) RWY 28, Amdt 2A RWY 8, Orig-D Minimums and Obstacle DP, Amdt 3A Milledgeville, GA, Baldwin County Rgnl, Ludington, MI, Mason County, RNAV (GPS) Winamac, IN, Arens Field, Takeoff Takeoff Minimums and Obstacle DP, Amdt RWY 26, Orig-A Minimums and Obstacle DP, Orig-A 1A Traverse City, MI, Cherry Capital, RNAV Beloit, KS, Moritz Memorial, RNAV (GPS) Honolulu, HI, Daniel K Inouye Intl, (GPS) RWY 10, Amdt 3 RWY 17, Amdt 1 HONOLULU TWO, Graphic DP Princeton, MN, Princeton Muni, RNAV (GPS) Beloit, KS, Moritz Memorial, RNAV (GPS) Honolulu, HI, Daniel K Inouye Intl, Takeoff RWY 15, Orig-C RWY 35, Orig-A Minimums and Obstacle DP, Amdt 8B Princeton, MN, Princeton Muni, RNAV (GPS) Beloit, KS, Moritz Memorial, Takeoff Chicago/West Chicago, IL, DuPage, RNAV RWY 33, Orig-B Minimums and Obstacle DP, Amdt 1A (GPS) RWY 20R, Amdt 1F Beloit, KS, Moritz Memorial, VOR RWY 17, Chicago/West Chicago, IL, DuPage, Takeoff Cabool, MO, Cabool Memorial, Takeoff Amdt 5 Minimums and Obstacle DP, Amdt 1B Minimums and Obstacle DP, Amdt 3 Topeka, KS, Philip Billard Muni, RNAV Indianapolis, IN, Hendricks County-Gordon Lamar, MO, Lamar Muni, RNAV (GPS) RWY (GPS) RWY 18, Amdt 2B Graham Fld, RNAV (GPS) RWY 18, Amdt 35, Orig-B Topeka, KS, Philip Billard Muni, RNAV 1C Holly Springs, MS, Holly Springs-Marshall (GPS) RWY 36, Amdt 1B Terre Haute, IN, Terre Haute Rgnl, ILS OR County, RNAV (GPS) RWY 18, Orig-A Harbor Springs, MI, Harbor Springs, Takeoff LOC RWY 5, Amdt 23C Fayetteville, NC, Fayetteville Rgnl/Grannis Minimums and Obstacle DP, Amdt 3 Terre Haute, IN, Terre Haute Rgnl, LOC BC Field, LOC BC RWY 22, Amdt 8B St. Ignace, MI, Mackinac County, RNAV RWY 23, Amdt 19D Fayetteville, NC, Fayetteville Rgnl/Grannis (GPS) RWY 25, Orig-B Terre Haute, IN, Terre Haute Rgnl, RADAR 1, Field, RNAV (GPS) RWY 4, Amdt 3C Raleigh/Durham, NC, Raleigh-Durham Intl, Amdt 5B Fayetteville, NC, Fayetteville Rgnl/Grannis ILS OR LOC RWY 5R, Amdt 29A Terre Haute, IN, Terre Haute Rgnl, RNAV Field, RNAV (GPS) RWY 10, Orig-B Raleigh/Durham, NC, Raleigh-Durham Intl, (GPS) RWY 5, Orig-E Fayetteville, NC, Fayetteville Rgnl/Grannis ILS OR LOC RWY 23L, Amdt 9A Terre Haute, IN, Terre Haute Rgnl, RNAV Field, RNAV (GPS) RWY 22, Amdt 6 Oklahoma City, OK, Sundance, VOR RWY (GPS) RWY 14, Orig-D Fayetteville, NC, Fayetteville Rgnl/Grannis 18, Amdt 1F Terre Haute, IN, Terre Haute Rgnl, RNAV Field, RNAV (GPS) RWY 28, Orig-A Johnstown, PA, John Murtha Johnstown- (GPS) RWY 23, Amdt 1D Fayetteville, NC, Fayetteville Rgnl/Grannis Cambria Co, Takeoff Minimums and Terre Haute, IN, Terre Haute Rgnl, RNAV Field, VOR RWY 4, Amdt 16B Obstacle DP, Amdt 4A (GPS) RWY 32, Orig-D Fayetteville, NC, Fayetteville Rgnl/Grannis Lampasas, TX, Lampasas, RNAV (GPS) RWY Terre Haute, IN, Terre Haute Rgnl, VOR RWY Field, VOR RWY 22, Amdt 7B 34, Orig-A 5, Amdt 18 Fayetteville, NC, Fayetteville Rgnl/Grannis Sulphur Springs, TX, Sulphur Springs Muni, Terre Haute, IN, Terre Haute Rgnl, VOR RWY Field, VOR RWY 28, Amdt 8B RNAV (GPS) RWY 19, Orig-B 23, Amdt 21 Louisburg, NC, Triangle North Executive, Hayward, WI, Sawyer County, ILS OR LOC Kingman, KS, Kingman Airport—Clyde VOR–A, Amdt 2D RWY 21, Orig-A Cessna Field, RNAV (GPS) RWY 18, Amdt Mount Airy, NC, Mount Airy/Surry County, 1 Takeoff Minimums and Obstacle DP, Amdt Effective 8 November 2018 Kingman, KS, Kingman Airport—Clyde 4 Brevig Mission, AK, Brevig Mission, BREVIG Cessna Field, RNAV (GPS) RWY 36, Amdt Raleigh/Durham, NC, Raleigh-Durham Intl, TWO, Graphic DP 1 RNAV (GPS) Y RWY 5R, Amdt 3A Brevig Mission, AK, Brevig Mission, Takeoff Lyons, KS, Lyons-Rice County Muni, RNAV Casselton, ND, Casselton Robert Miller Rgnl, Minimums and Obstacle DP, Orig-A (GPS) RWY 17, Orig-A RNAV (GPS) RWY 13, Amdt 1A Kodiak, AK, Kodiak, RNAV (GPS) RWY 26, Lyons, KS, Lyons-Rice County Muni, RNAV Hettinger, ND, Hettinger Muni, Takeoff Amdt 3 (GPS) RWY 35, Orig-A Minimums and Obstacle DP, Amdt 3 Bay Minette, AL, Bay Minette Muni, RNAV Lyons, KS, Lyons-Rice County Muni, Takeoff Stanley, ND, Stanley Muni, RNAV (GPS) (GPS) RWY 8, Amdt 1B Minimums and Obstacle DP, Orig-A RWY 27, Amdt 1

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Williston, ND, Sloulin Fld Intl, ILS OR LOC Minocqua-Woodruff, WI, Lakeland/Noble F. regulations is approved by the Director RWY 29, Amdt 4B Lee Memorial Field, LOC RWY 36, Amdt of the Federal Register as of September Scottsbluff, NE, Western Nebraska Rgnl/ 1A, CANCELED 11, 2018. William B Heilig Field, ILS OR LOC RWY Rock Springs, WY, Southwest Wyoming 30, Amdt 11 Rgnl, ILS OR LOC RWY 27, Amdt 2A ADDRESSES: Availability of matters Manville, NJ, Central Jersey Rgnl, RNAV Rock Springs, WY, Southwest Wyoming incorporated by reference in the (GPS) RWY 25, Amdt 2 Rgnl, RNAV (GPS) RWY 9, Orig-B amendment is as follows: Rock Springs, WY, Southwest Wyoming Battle Mountain, NV, Battle Mountain, RNAV For Examination (GPS) RWY 4, Amdt 1 Rgnl, RNAV (GPS) RWY 27, Amdt 1C Battle Mountain, NV, Battle Mountain, RNAV Rock Springs, WY, Southwest Wyoming 1. U.S. Department of Transportation, (GPS) RWY 22, Orig Rgnl, Takeoff Minimums and Obstacle DP, Docket Ops–M30, 1200 New Jersey Amdt 6A Battle Mountain, NV, Battle Mountain, Avenue SE, West Bldg., Ground Floor, Takeoff Minimums and Obstacle DP, Amdt Rock Springs, WY, Southwest Wyoming Rgnl, VOR RWY 9, Amdt 3A Washington, DC 20590–0001. 4 2. The FAA Air Traffic Organization Battle Mountain, NV, Battle Mountain, VOR RESCINDED: On August 17, 2018 (83 FR Service Area in which the affected RWY 4, Amdt 7 40971), the FAA published an Amendment airport is located; Penn Yan, NY, Penn Yan, Takeoff Minimums in Docket No. 31206, Amdt No. 3811, to Part and Obstacle DP, Amdt 5 97 of the Federal Aviation Regulations under 3. The office of Aeronautical Stormville, NY, Stormville, Takeoff section 97.33. The following entries for Navigation Products, 6500 South Minimums and Obstacle DP, Orig, Idabel, OK, effective September 13, 2018, are MacArthur Blvd., Oklahoma City, OK CANCELED hereby rescinded in their entirety: 73169, or Stormville, NY, Stormville, VOR OR GPS–A, Idabel, OK, Mc Curtain County Rgnl, RNAV 4. The National Archives and Records Amdt 4A, CANCELED (GPS) RWY 2, Amdt 1 Administration (NARA). For Dayton, OH, Greene County-Lewis A. Jackson Idabel, OK, Mc Curtain County Rgnl, RNAV information on the availability of this Rgnl, VOR RWY 7, Orig-A, CANCELED (GPS) RWY 20, Amdt 1 material at NARA, call 202–741–6030, Dayton, OH, Greene County-Lewis A. Jackson [FR Doc. 2018–18879 Filed 9–10–18; 8:45 am] or go to: http://www.archives.gov/ Rgnl, VOR RWY 25, Orig-A, CANCELED _ _ _ _ BILLING CODE 4910–13–P federal register/code of federal Boise City, OK, Boise City, RNAV (GPS) RWY _ 4, Orig-A regulations/ibr locations.html. Hobart, OK, Hobart Rgnl, Takeoff Minimums Availability and Obstacle DP, Amdt 1A DEPARTMENT OF TRANSPORTATION Barnwell, SC, Barnwell Rgnl, RNAV (GPS) All SIAPs and Takeoff Minimums and RWY 17, Amdt 2A Federal Aviation Administration ODPs are available online free of charge. Summerville, SC, Summerville, RNAV (GPS) Visit the National Flight Data Center at RWY 6, Amdt 1A 14 CFR Part 97 nfdc.faa.gov to register. Additionally, Cleveland, TN, Cleveland Rgnl Jetport, RNAV [Docket No. 31208; Amdt. No. 3813] individual SIAP and Takeoff Minimums (GPS) RWY 3, Amdt 2 and ODP copies may be obtained from Cleveland, TN, Cleveland Rgnl Jetport, RNAV Standard Instrument Approach the FAA Air Traffic Organization (GPS) RWY 21, Amdt 2 Procedures, and Takeoff Minimums Service Area in which the affected Cleveland, TN, Cleveland Rgnl Jetport, airport is located. Takeoff Minimums and Obstacle DP, Amdt and Obstacle Departure Procedures; 2 Miscellaneous Amendments FOR FURTHER INFORMATION CONTACT: Winchester, TN, Winchester Muni, NDB AGENCY: Federal Aviation Thomas J. Nichols, Flight Procedure RWY 18, Amdt 6B, CANCELED Administration (FAA), DOT. Standards Branch (AFS–420), Flight Dallas-Fort Worth, TX, Dallas-Fort Worth Technologies and Programs Divisions, ACTION: Final rule. Intl, ILS OR LOC RWY 31R, ILS RWY 31R Flight Standards Service, Federal (SA CAT I), ILS RWY 31R (SA CAT II), SUMMARY: This rule establishes, amends, Aviation Administration, Mike Amdt 15 Monroney Aeronautical Center, 6500 Dallas-Fort Worth, TX, Dallas-Fort Worth suspends, or removes Standard South MacArthur Blvd., Oklahoma City, Intl, RNAV (GPS) Y RWY 31R, Amdt 3 Instrument Approach Procedures Dallas, TX, Dallas Executive, Takeoff (SIAPs) and associated Takeoff OK 73169 (Mail Address: P.O. Box Minimums and Obstacle DP, Amdt 8 Minimums and Obstacle Departure 25082, Oklahoma City, OK 73125) Robstown, TX, Nueces County, RNAV (GPS) Procedures (ODPs) for operations at Telephone: (405) 954–4164. RWY 13, Amdt 1A certain airports. These regulatory SUPPLEMENTARY INFORMATION: This rule Manti, UT, Manti-Ephraim, RNAV (GPS) actions are needed because of the amends Title 14 of the Code of Federal RWY 3, Orig-A adoption of new or revised criteria, or Regulations, Part 97 (14 CFR part 97), by Salt Lake City, UT, Salt Lake City Intl, ILS because of changes occurring in the establishing, amending, suspending, or OR LOC RWY 16R, ILS RWY 16R SA CAT National Airspace System, such as the removes SIAPS, Takeoff Minimums I, ILS RWY 16R CAT II, ILS RWY 16R CAT III, Amdt 3E commissioning of new navigational and/or ODPS. The complete regulatory Salt Lake City, UT, Salt Lake City Intl, ILS facilities, adding new obstacles, or description of each SIAP and its OR LOC RWY 34L, ILS RWY 34L SA CAT changing air traffic requirements. These associated Takeoff Minimums or ODP I, ILS RWY 34L CAT II, ILS RWY 34L CAT changes are designed to provide safe for an identified airport is listed on FAA III, Amdt 3D and efficient use of the navigable form documents which are incorporated Beloit, WI, Beloit, VOR–A, Amdt 5C airspace and to promote safe flight by reference in this amendment under 5 Eagle River, WI, Eagle River Union, RNAV operations under instrument flight rules U.S.C. 552(a), 1 CFR part 51, and 14 (GPS) RWY 22, Orig-B at the affected airports. CFR part 97.20. The applicable FAA Fort Atkinson, WI, Fort Atkinson Muni, DATES: This rule is effective September forms are FAA Forms 8260–3, 8260–4, RNAV (GPS) RWY 3, Amdt 1 8260–5, 8260–15A, and 8260–15B when Fort Atkinson, WI, Fort Atkinson Muni, 11, 2018. The compliance date for each RNAV (GPS) RWY 21, Amdt 1 SIAP, associated Takeoff Minimums, required by an entry on 8260–15A. La Pointe, WI, Major Gilbert Field, RNAV and ODP is specified in the amendatory The large number of SIAPs, Takeoff (GPS) RWY 4, Orig-B provisions. Minimums and ODPs, their complex La Pointe, WI, Major Gilbert Field, RNAV The incorporation by reference of nature, and the need for a special format (GPS) RWY 22, Orig-C certain publications listed in the make publication in the Federal

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Register expensive and impractical. good cause exists for making some Casa Grande, AZ, Casa Grande Muni, Further, airmen do not use the SIAPs effective in less than 30 days. RNAV (GPS) RWY 5, Amdt 1 regulatory text of the SIAPs, Takeoff The FAA has determined that this Casa Grande, AZ, Casa Grande Muni, Minimums or ODPs, but instead refer to regulation only involves an established RNAV (GPS) RWY 23, Orig their graphic depiction on charts body of technical regulations for which Fort Huachuca Sierra Vista, AZ, Sierra printed by publishers of aeronautical frequent and routine amendments are Vista Muni-Libby AAF, Takeoff materials. Thus, the advantages of necessary to keep them operationally Minimums and Obstacle DP, Amdt 4 incorporation by reference are realized current. It, therefore—(1) is not a El Monte, CA, San Gabriel Valley, NDB and publication of the complete ‘‘significant regulatory action’’ under OR GPS–C, Amdt 1A, CANCELED description of each SIAP, Takeoff Executive Order 12866; (2) is not a El Monte, CA, San Gabriel Valley, Minimums and ODP listed on FAA form ‘‘significant rule’’ under DOT Takeoff Minimums and Obstacle DP, documents is unnecessary. This Regulatory Policies and Procedures (44 Amdt 7 amendment provides the affected CFR FR 11034; February 26,1979); and (3) El Monte, CA, San Gabriel Valley, VOR– sections and specifies the types of does not warrant preparation of a A, Orig SIAPs, Takeoff Minimums and ODPs regulatory evaluation as the anticipated El Monte, CA, San Gabriel Valley, VOR with their applicable effective dates. impact is so minimal. For the same OR GPS–A, Amdt 7A, CANCELED This amendment also identifies the reason, the FAA certifies that this Palm Springs, CA, Jacqueline Cochran airport and its location, the procedure, amendment will not have a significant Rgnl, RNAV (GPS) RWY 35, Amdt 1 and the amendment number. economic impact on a substantial San Francisco, CA, San Francisco Intl, ILS OR LOC RWY 28R, ILS RWY 28R Availability and Summary of Material number of small entities under the criteria of the Regulatory Flexibility Act. (SA CAT I), ILS RWY 28R (CAT II), Incorporated by Reference ILS RWY 28R (CAT III), Amdt 15 The material incorporated by List of Subjects in 14 CFR Part 97 San Francisco, CA, San Francisco Intl, reference is publicly available as listed Air Traffic Control, Airports, RNAV (GPS) RWY 28L, Amdt 7 in the ADDRESSES section. Incorporation by reference, Navigation San Francisco, CA, San Francisco Intl, The material incorporated by (Air). RNAV (GPS) Z RWY 28R, Amdt 7 reference describes SIAPS, Takeoff San Francisco, CA, San Francisco Intl, Minimums and/or ODPS as identified in Issued in Washington, DC, on August 10, RNAV (RNP) Y RWY 28R, Amdt 5 2018. the amendatory language for part 97 of South Lake Tahoe, CA, Lake Tahoe, this final rule. Rick Domingo, Takeoff Minimums and Obstacle DP, Executive Director, Flight Standards Service. The Rule Amdt 8 Adoption of the Amendment Ellijay, GA, Gilmer County, RNAV This amendment to 14 CFR part 97 is (GPS) RWY 3, Orig effective upon publication of each Accordingly, pursuant to the Ellijay, GA, Gilmer County, RNAV separate SIAP, Takeoff Minimums and authority delegated to me, Title 14, (GPS) RWY 21, Orig ODP as Amended in the transmittal. Code of Federal Regulations, Part 97 (14 Ellijay, GA, Gilmer County, Takeoff Some SIAP and Takeoff Minimums and CFR part 97) is amended by Minimums and Obstacle DP, Orig textual ODP amendments may have establishing, amending, suspending, or Rome, GA, Richard B Russell Regional— been issued previously by the FAA in a removing Standard Instrument J H Towers Field, ILS OR LOC RWY Flight Data Center (FDC) Notice to Approach Procedures and/or Takeoff 1, Amdt 1 Airmen (NOTAM) as an emergency Minimums and Obstacle Departure Rome, GA, Richard B Russell Regional— action of immediate flight safety relating Procedures effective at 0901 UTC on the J H Towers Field, RNAV (GPS) RWY directly to published aeronautical dates specified, as follows: 1, Amdt 1 charts. Rome, GA, Richard B Russell Regional— The circumstances that created the PART 97—STANDARD INSTRUMENT J H Towers Field, RNAV (GPS) RWY need for some SIAP and Takeoff APPROACH PROCEDURES 7, Amdt 1 Minimums and ODP amendments may Rome, GA, Richard B Russell Regional— ■ 1. The authority citation for part 97 require making them effective in less J H Towers Field, RNAV (GPS) RWY continues to read as follows: than 30 days. For the remaining SIAPs 19, Amdt 1 and Takeoff Minimums and ODPs, an Authority: 49 U.S.C. 106(f), 106(g), 40103, Rome, GA, Richard B Russell Regional— effective date at least 30 days after 40106, 40113, 40114, 40120, 44502, 44514, J H Towers Field, RNAV (GPS) RWY publication is provided. 44701, 44719, 44721–44722. 25, Amdt 1 Further, the SIAPs and Takeoff ■ 2. Part 97 is amended to read as Rome, GA, Richard B Russell Regional— Minimums and ODPs contained in this follows: J H Towers Field, Takeoff Minimums amendment are based on the criteria Effective 13 September 2018 and Obstacle DP, Amdt 4 contained in the U.S. Standard for Rome, GA, Richard B Russell Regional— Terminal Instrument Procedures Berryville, AR, Carroll County, RNAV J H Towers Field, VOR/DME RWY 1, (TERPS). In developing these SIAPs and (GPS) RWY 7, Amdt 1 Amdt 9, CANCELED Takeoff Minimums and ODPs, the Berryville, AR, Carroll County, RNAV Rome, GA, Richard B Russell Regional— TERPS criteria were applied to the (GPS) RWY 25, Amdt 1 J H Towers Field, VOR/DME RWY 19, conditions existing or anticipated at the Mountain Home, AR, Baxter County, Amdt 9, CANCELED affected airports. Because of the close ILS OR LOC RWY 5, Amdt 1 Albia, IA, Albia Muni, Takeoff and immediate relationship between Mountain Home, AR, Baxter County, Minimums and Obstacle DP, Amdt 4 these SIAPs, Takeoff Minimums and Takeoff Minimums and Obstacle DP, Oelwein, IA, Oelwein Muni, RNAV ODPs, and safety in air commerce, I find Amdt 4 (GPS) RWY 13, Orig-A that notice and public procedure under Mountain Home, AR, Baxter County, Oelwein, IA, Oelwein Muni, VOR OR 5 U.S.C. 553(b) are impracticable and VOR–A, Amdt 10A, CANCELED GPS–A, Amdt 3B, CANCELED contrary to the public interest and, Casa Grande, AZ, Casa Grande Muni, Sibley, IA, Sibley Muni, NDB OR GPS where applicable, under 5 U.S.C. 553(d), ILS OR LOC RWY 5, Amdt 7 RWY 35, Amdt 1B, CANCELED

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Sibley, IA, Sibley Muni, RNAV (GPS)– Starkville, MS, George M Bryan, RNAV Hermiston, OR, Hermiston Muni, VOR– A, Orig (GPS) RWY 18, Amdt 2B A, Amdt 4 Waterloo, IA, Waterloo Rgnl, ILS OR Newark, NJ, Newark Liberty Intl, GLS Columbia, SC, Jim Hamilton L B Owens, LOC RWY 12, Amdt 10 RWY 4L, Amdt 1 GPS RWY 31, Orig-B, CANCELED Waterloo, IA, Waterloo Rgnl, LOC BC Newark, NJ, Newark Liberty Intl, GLS Columbia, SC, Jim Hamilton L B Owens, RWY 30, Amdt 12 RWY 4R, Amdt 1 LOC RWY 31, Amdt 2 Waterloo, IA, Waterloo Rgnl, RNAV Newark, NJ, Newark Liberty Intl, GLS Columbia, SC, Jim Hamilton L B Owens, (GPS) RWY 6, Amdt 1 RWY 22R, Amdt 1 RNAV (GPS) RWY 13, Orig Waterloo, IA, Waterloo Rgnl, RNAV Trenton, NJ, Trenton Mercer, ILS OR Columbia, SC, Jim Hamilton L B Owens, (GPS) RWY 12, Amdt 1 LOC RWY 6, Amdt 10D RNAV (GPS) RWY 31, Orig Waterloo, IA, Waterloo Rgnl, RNAV Trenton, NJ, Trenton Mercer, RNAV Pine Ridge, SD, Pine Ridge, RNAV (GPS) RWY 18, Amdt 1 (GPS) RWY 34, Orig-C (GPS) RWY 12, Orig Waterloo, IA, Waterloo Rgnl, RNAV Belen, NM, Belen Rgnl, RNAV (GPS) Pine Ridge, SD, Pine Ridge, RNAV (GPS) RWY 24, Amdt 1 RWY 21, Orig-A (GPS) RWY 30, Orig-C Waterloo, IA, Waterloo Rgnl, RNAV Belen, NM, Belen Rgnl, Takeoff (GPS) RWY 30, Amdt 1 Dallas-Fort Worth, TX, Dallas-Fort Minimums and Obstacle DP, Amdt 1B Worth Intl, RNAV (GPS) Y RWY 13R, Waterloo, IA, Waterloo Rgnl, RNAV Belen, NM, Belen Rgnl, VOR–A, Amdt Amdt 3 (GPS) RWY 36, Amdt 1 1B Odessa, TX, Odessa-Schlemeyer Field, Waterloo, IA, Waterloo Rgnl, VOR RWY New York, NY, LaGuardia, LOC RWY Takeoff Minimums and Obstacle DP, 6, Amdt 3B 31, Amdt 3C Waterloo, IA, Waterloo Rgnl, VOR RWY New York, NY, LaGuardia, VOR–H, Amdt 3A 12, Amdt 10B Amdt 3C Antigo, WI, Langlade County, RNAV Waterloo, IA, Waterloo Rgnl, VOR RWY New York, NY, Stewart Intl, RNAV (GPS) RWY 27, Amdt 1 18, Amdt 9 (GPS) RWY 9, Amdt 1D Stevens Point, WI, Stevens Point Muni, Waterloo, IA, Waterloo Rgnl, VOR RWY New York, NY, Stewart Intl, RNAV RNAV (GPS) RWY 3, Orig-B 24, Amdt 16C (GPS) RWY 16, Amdt 1C [FR Doc. 2018–18881 Filed 9–10–18; 8:45 am] Waverly, IA, Waverly Muni, VOR–A, Wellsville, NY, Wellsville Muni Arpt, BILLING CODE 4910–13–P Amdt 4 Tarantine Fld, LOC/DME RWY 28, Chicago, IL, Chicago O’Hare Intl, RNAV Amdt 4, CANCELED (GPS) PRM Y RWY 28L (CLOSE Wellsville, NY, Wellsville Muni Arpt, PARALLEL), Orig-A Tarantine Fld, RNAV (GPS) RWY 10, DEPARTMENT OF THE TREASURY Chicago, IL, Chicago O’Hare Intl, RNAV Amdt 1 (GPS) Y RWY 28L, Orig-A Internal Revenue Service Wellsville, NY, Wellsville Muni Arpt, Chicago, IL, Chicago O’Hare Intl, RNAV Tarantine Fld, RNAV (GPS) RWY 28, (GPS) Z RWY 28L, Orig-C 26 CFR Part 1 Harrisburg, IL, Harrisburg-Raleigh, Amdt 1 Dayton, OH, Dayton-Wright Brothers, RNAV (GPS) RWY 24, Amdt 2A [TD 9836] Evansville, IN, Evansville Rgnl, NDB–A, Amdt 3 RADAR–1, Amdt 7A Piqua, OH, Piqua Airport—Hartzell RIN 1545–BH62 Evansville, IN, Evansville Rgnl, VOR Field, RNAV (GPS) RWY 8, Orig-D RWY 4, Amdt 7A Piqua, OH, Piqua Airport—Hartzell Substantiation and Reporting South Bend, IN, South Bend Intl, ILS Field, RNAV (GPS) RWY 26, Orig-C Requirements for Cash and Noncash OR LOC RWY 9R, Amdt 10 Piqua, OH, Piqua Airport—Hartzell Charitable Contribution Deductions; South Bend, IN, South Bend Intl, ILS Field, VOR RWY 26, Amdt 6D Correction OR LOC RWY 27L, ILS RWY 27L SA Piqua, OH, Piqua Airport—Hartzell CAT I, ILS RWY 27L SA CAT II, Amdt Field, VOR–A, Amdt 13C AGENCY: Internal Revenue Service (IRS), 36 Eugene, OR, Mahlon Sweet Field, ILS Treasury. South Bend, IN, South Bend Intl, RNAV OR LOC RWY 16L, Amdt 2A ACTION: Correcting amendment. (GPS) RWY 9L, Amdt 1 Eugene, OR, Mahlon Sweet Field, ILS South Bend, IN, South Bend Intl, RNAV OR LOC RWY 16R, ILS RWY 16R SA SUMMARY: This document contains (GPS) RWY 18, Amdt 1B CAT I, ILS RWY 16R CAT II, ILS RWY corrections to final regulations (TD South Bend, IN, South Bend Intl, RNAV 16R CAT III, Amdt 38A 9836) that were published in the (GPS) RWY 27L, Orig-B Eugene, OR, Mahlon Sweet Field, RNAV Federal Register on Monday, July 30, South Bend, IN, South Bend Intl, RNAV (GPS) Y RWY 16L, Amdt 4 2018. The final regulations provide (GPS) RWY 27R, Amdt 1 Eugene, OR, Mahlon Sweet Field, RNAV guidance concerning substantiation and South Bend, IN, South Bend Intl, VOR (GPS) Y RWY 16R, Amdt 3 reporting requirements for cash and RWY 18, Amdt 7E Eugene, OR, Mahlon Sweet Field, RNAV noncash charitable contributions. (GPS) Y RWY 34L, Amdt 4 Kingman, KS, Kingman Airport—Clyde DATES: This correction is effective Eugene, OR, Mahlon Sweet Field, RNAV Cessna Field, RNAV (GPS) RWY 18, September 11, 2018 and applicable July (GPS) Y RWY 34R, Amdt 4 Amdt 1 30, 2018. Kingman, KS, Kingman Airport—Clyde Eugene, OR, Mahlon Sweet Field, Cessna Field, RNAV (GPS) RWY 36, Takeoff Minimums and Obstacle DP, FOR FURTHER INFORMATION CONTACT: Amdt 1 Amdt 7B Charles Gorham at (202) 317–5091 (not Indian Head, MD, Maryland, RNAV Eugene, OR, Mahlon Sweet Field, VOR– a toll-free number). (GPS) RWY 2, Amdt 1B A, Amdt 7B SUPPLEMENTARY INFORMATION: Cheboygan, MI, Cheboygan County, Eugene, OR, Mahlon Sweet Field, VOR Background Takeoff Minimums and Obstacle DP, OR TACAN RWY 16R, Amdt 5C Amdt 3A Eugene, OR, Mahlon Sweet Field, VOR The final regulations (TD 9836) that New Hudson, MI, Oakland Southwest, OR TACAN RWY 34L, Amdt 6 are the subject of this correction are Takeoff Minimums and Obstacle DP, Hermiston, OR, Hermiston Muni, RNAV under section 170 of the Internal Amdt 2A (GPS)–B, Amdt 1 Revenue Code.

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Need for Correction race. This deviation allows the bridge to ENVIRONMENTAL PROTECTION As published July 30, 2018 (83 FR remain in the closed-to-navigation AGENCY 36417), the final regulations (TD 9836) position. 40 CFR Part 52 contain an error that needs to be DATES: This deviation is effective from corrected. 7 a.m. through 10 a.m. on October 6, [EPA–R04–OAR–2015–0501; FRL–9983–43- 2018. Region 4] List of Subjects in 26 CFR Part 1 ADDRESSES: The docket for this Income taxes, Reporting and Air Plan Approval; North Carolina: New deviation, USCG–2018–0850, is Source Review for Fine Particulate recordkeeping requirements. available at http://www.regulations.gov. Matter (PM2.5) Correction of Publication Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ AGENCY: Accordingly, 26 CFR part 1 is Environmental Protection Click on Open Docket Folder on the line corrected by making the following Agency (EPA). associated with this deviation. correcting amendments: ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: If PART 1—INCOME TAXES you have questions on this temporary SUMMARY: The Environmental Protection deviation, call or email Carl T. Hausner, Agency (EPA) is approving changes to ■ Paragraph 1. The authority citation Chief, Bridge Section, Eleventh Coast the North Carolina State for part 1 continues to read in part as Guard District; telephone 510–437– Implementation Plan (SIP), submitted follows: 3516, email [email protected]. by the North Carolina Department of Authority: 26 U.S.C. 7805 * * * SUPPLEMENTARY INFORMATION: The Environmental Quality (NC DEQ) through the Division of Air Quality, to ■ Par. 2. Section 1.170A–1 is amended California Department of Transportation has requested a temporary change to the EPA through a letter dated October 17, by revising the third sentence of 2017. This SIP submittal modifies North paragraph (a) to read as follows: operation of the Tower Drawbridge, mile 59.0, over Sacramento River, at Carolina’s Prevention of Significant § 1.170A–1 Charitable, etc., contributions Sacramento, CA. The drawbridge Deterioration (PSD) regulations and and gifts; allowance of deduction. navigation span provides a vertical includes the adoption of specific federal (a) * * * For rules relating to record clearance of 30 feet above Mean High provisions needed to meet the New keeping and return requirements in Water in the closed-to-navigation Source Review (NSR) permitting support of deductions for charitable position. The draw operates as required program requirements for the fine contributions (whether by an itemizing by 33 CFR 117.189(a). Navigation on the particulate matter (PM2.5) national or nonitemizing taxpayer), see waterway is commercial and ambient air quality standards (NAAQS). §§ 1.170A–13 (generally applicable to recreational. In addition, North Carolina’s October contributions on or before July 30, The drawspan will be secured in the 17, 2017, SIP submittal addresses 2018), 1.170A–14, 1.170A–15, 1.170A– closed-to-navigation position from 7 portions of the PSD requirements for the 16, 1.170A–17, and 1.170A–18. * * * a.m. to 10 a.m. on October 6, 2018, to infrastructure SIPs for the following * * * * * allow the community to participate in NAAQS: 1997 Annual and 24-hour the Sacramento Century Challenge PM2.5; 2006 24-hour PM2.5; 2008 lead; Martin V. Franks, bicycle race. This temporary deviation 2008 8-hour ozone; 2010 sulfur dioxide Chief, Publications and Regulations Branch, has been coordinated with the waterway (SO2); 2010 nitrogen dioxide (NO2); and Legal Processing Division, Associate Chief users. No objections to the proposed 2012 Annual PM2.5. As a result of this Counsel (Procedure and Administration). temporary deviation were raised. approval of North Carolina’s modified [FR Doc. 2018–19679 Filed 9–10–18; 8:45 am] Vessels able to pass through the bridge PSD regulations, EPA is also approving BILLING CODE 4830–01–P in the closed position may do so at any North Carolina’s submittal with respect time. The bridge will be able to open for to the related PSD infrastructure SIP emergencies and there is no immediate requirements for these NAAQS. In DEPARTMENT OF HOMELAND alternate route for vessels to pass. The addition, these approvals remove EPA’s SECURITY Coast Guard will also inform the users obligation to promulgate a Federal of the waterway through our Local and Implementation Plan (FIP) to meet the Coast Guard Broadcast Notices to Mariners of the relevant Clean Air Act (CAA or Act) change in operating schedule for the requirements. 33 CFR Part 117 bridge so that vessel operators can DATES: This rule is effective October 11, [Docket No. USCG–2018–0850] arrange their transits to minimize any 2018. impact caused by the temporary ADDRESSES: EPA has established a Drawbridge Operation Regulation; deviation. docket for this action under Docket Sacramento River, Sacramento, CA In accordance with 33 CFR 117.35(e), Identification No. EPA–R04–OAR– the drawbridge must return to its regular 2015–0501. All documents in the docket AGENCY: Coast Guard, DHS. operating schedule immediately at the are listed on the www.regulations.gov ACTION: Notice of deviation from end of the effective period of this website. Although listed in the index, drawbridge regulation. temporary deviation. This deviation some information is not publicly from the operating regulations is SUMMARY: The Coast Guard has issued a available, i.e., Confidential Business authorized under 33 CFR 117.35. temporary deviation from the operating Information or other information whose schedule that governs the Tower Dated: September 5, 2018. disclosure is restricted by statute. Drawbridge across the Sacramento Carl T. Hausner, Certain other material, such as River, mile 59.0, at Sacramento, CA. The District Bridge Chief, Eleventh Coast Guard copyrighted material, is not placed on deviation is necessary to allow the District. the internet and will be publicly community to participate in the [FR Doc. 2018–19597 Filed 9–10–18; 8:45 am] available only in hard copy form. Sacramento Century Challenge bicycle BILLING CODE 9110–04–P Publicly available docket materials are

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available either electronically through elements for the following NAAQS: sections 110(a)(2)(C), 110(a)(2)(D)(i)(II), www.regulations.gov or in hard copy at 1997 Annual and 24-hour PM2.5; 2006 and 110(a)(2)(J) for the 2008 lead the Air Regulatory Management Section, 24-hour PM2.5; 2008 lead; 2008 8-hour NAAQS, 2008 ozone NAAQS, 2010 SO2 Air Planning and Implementation ozone; 2010 SO2; 2010 NO2; and 2012 NAAQS, 2010 NO2 NAAQS, and 1997, 23 4 Branch, Air, Pesticides and Toxics Annual PM2.5. 2006 and 2012 PM2.5 NAAQS. Management Division, U.S. A. Requirements of the 2010 PSD PM II. Incorporation by Reference Environmental Protection Agency, 2.5 Rule for PSD SIP Programs Region 4, 61 Forsyth Street SW, Atlanta, In this rule, EPA is finalizing Georgia 30303–8960. EPA requests that North Carolina’s October 17, 2017, regulatory text that includes if at all possible, you contact the person SIP submittal adopts changes in the incorporation by reference. In listed in the FOR FURTHER INFORMATION State’s PSD permitting program at 15A accordance with requirements of 1 CFR CONTACT section to schedule your NCAC 02D .0530 by incorporating by 51.5, EPA is finalizing the incorporation inspection. The Regional Office’s reference EPA’s PSD regulations as of by reference of North Carolina’s official hours of business are Monday July 1, 2014. This incorporation by regulations 15A NCAC 02D .0530, through Friday 8:30 a.m. to 4:30 p.m., reference includes the federally- entitled ‘‘Prevention of Significant excluding Federal holidays. required provisions of EPA’s 2010 PSD Deterioration,’’ which modify the NSR FOR FURTHER INFORMATION CONTACT: Joel PM2.5 Rule needed to implement the permitting regulations, effective Huey of the Air Planning and PSD PM2.5 program in North Carolina. September 1, 2017. EPA has made, and Implementation Branch, Air, Pesticides Adopting the federal rule as of July 1, will continue to make, these materials and Toxics Management Division, U.S. 2014, has the effect of adding to the generally available through Environmental Protection Agency, North Carolina SIP the required www.regulations.gov and at the EPA Region 4, 61 Forsyth Street SW, Atlanta, definitions of ‘‘major source baseline Region 4 Office (please contact the Georgia 30303–8960. Mr. Huey can be date,’’ ‘‘minor source baseline date,’’ person identified in the ‘‘For Further reached by telephone at (404) 562–9104 and ‘‘baseline area’’ that were lacking in Information Contact’’ section of this or via electronic mail at huey.joel@ the State’s previous PM2.5 submittals. preamble for more information). epa.gov. This incorporation by reference as of Therefore, these materials have been July 1, 2014, also captures EPA’s approved by EPA for inclusion in the SUPPLEMENTARY INFORMATION: October 25, 2012 (77 FR 65107), SIP, have been incorporated by I. Background amendment to the definition of reference by EPA into that plan, are ‘‘regulated NSR pollutant’’ concerning fully federally enforceable under In an action published on June 21, condensable particulate matter. North 2018 (83 FR 28789), EPA proposed to sections 110 and 113 of the CAA as of Carolina’s incorporation by reference of approve changes to the North Carolina the effective date of the final rulemaking EPA’s PSD regulations as of July 1, SIP, submitted by the NC DEQ to EPA of EPA’s approval, and will be 2014, is not only consistent with the through a letter dated October 17, 2017.1 incorporated by reference in the next current federal rule, but it also will not 5 The details of North Carolina’s update to the SIP compilation. interfere with North Carolina’s efforts to submittal and the rationale for EPA’s prevent significant deterioration of air III. Final Actions actions are explained in the proposal quality and to attain and maintain EPA is approving changes to the notice and briefly summarized below. compliance with the PM2.5 NAAQS. North Carolina SIP, provided by the NC EPA did not receive any adverse DEQ, to EPA through a letter dated comments on the proposed action. B. Requirements for Infrastructure SIPs October 17, 2017. Specifically, EPA is EPA is approving two actions with Because North Carolina’s October 17, approving changes to North Carolina’s regard to North Carolina’s SIP submittal 2017, SIP submittal addresses certain NSR permitting regulations codified at updating the State’s PSD regulations NSR/PSD requirements, it thereby meets found at 15A North Carolina 15A 02D .0530—Prevention of the related infrastructure SIP Significant Deterioration, which relate Administrative Code (NCAC) 02D .0530. requirements of section 110(a)(2)(C), First, EPA is approving North Carolina’s to the requirements to comply with 110(a)(2)(D)(i)(II) and 110(a)(2)(J). As EPA’s 2010 PSD PM2.5 Rule. EPA also October 17, 2017, SIP submittal with finalized, North Carolina’s SIP includes regard to changes to the State’s notes that North Carolina’s a complete PSD program that addresses incorporation by reference of EPA’s PSD regulation at 15A NCAC 02D .0530 all structural PSD requirements due because EPA has determined that the regulations as of July 1, 2014, includes under the CAA and EPA regulations. EPA’s amendment to the definition of State’s changes fully meet the Therefore, because EPA is approving requirements of EPA’s rulemaking, ‘‘regulated NSR pollutant’’ concerning North Carolina’s SIP revisions for the condensable PM promulgated on ‘‘Prevention of Significant Deterioration PSD program, it is also approving the (PSD) for Particulate Matter Less Than October 25, 2012. EPA is approving the October 17, 2017, submittal for the PSD version of 15A NCAC 02D .0530 (PSD) 2.5 Micrometers (PM2.5)—Increments, infrastructure SIP requirements of Significant Impact Levels (SILs) and that became effective in the State on Significant Monitoring Concentration September 1, 2017, which will be 2 North Carolina’s October 17, 2017, SIP submittal incorporated into North Carolina’s SIP. (SMC),’’ Final Rule, 75 FR 64864 requested approval of the PSD infrastructure SIPs As a result of this approval, EPA is also (October 20, 2010) (hereafter referred to for the 2008 lead, 2008 8-hour ozone, 2010 SO2, 2010 NO and the 2012 PM NAAQS. On April 16, approving portions of the PSD elements as the ‘‘2010 PSD PM2.5 Rule’’). Second, 2 2.5 as a result of the approval of North 2018, the State submitted a letter to EPA clarifying of North Carolina’s infrastructure SIP that the same submittal is intended to satisfy the submittals (i.e., CAA sections Carolina’s October 17, 2017, SIP PSD elements of the State’s infrastructure SIP submittal for these PSD requirements, submittals for the 1997 and 2006 PM2.5 NAAQS as EPA is approving this submittal for well. 4 EPA has already approved or will consider in 3 The background for various NAAQS is provided separate actions all other elements from North portions of the infrastructure SIP PSD in EPA’s proposed and final rulemaking entitled Carolina infrastructure SIP submissions related to ‘‘Air Plan Approval and Disapproval; North the 2008 lead, 2008 8-hour ozone, 2010 NO2, 2010 1 EPA notes that the Agency may not have Carolina: New Source Review for Fine Particulate SO2 NAAQS, and 1997, 2006 and 2012 PM2.5 received this submittal on the date of the State’s Matter (PM2.5).’’ See 81 FR 28797 (May 10, 2016) NAAQS. letter. and 81 FR 63107 (September 14, 2016). 5 See 62 FR 27968 (May 22, 1997).

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110(a)(2)(C), 110(a)(2)(D)(i)(II), and in the Unfunded Mandates Reform Act cannot take effect until 60 days after it 110(a)(2)(J)) for the 1997 Annual and 24- of 1995 (Pub. L. 104–4); is published in the Federal Register. • hour PM2.5, 2006 24-hour PM2.5, 2008 Do not have Federalism This action is not a ‘‘major rule’’ as lead, 2008 8-hour ozone, 2010 SO2, 2010 implications as specified in Executive defined by 5 U.S.C. 804(2). NO2 and the 2012 Annual PM2.5 Order 13132 (64 FR 43255, August 10, Under section 307(b)(1) of the CAA, NAAQS. This final action removes 1999); petitions for judicial review of this EPA’s obligation under section 110(c) to • Are not an economically significant action must be filed in the United States promulgate a FIP to address the PM2.5 regulatory action based on health or Court of Appeals for the appropriate increments requirements of EPA’s 2010 safety risks subject to Executive Order circuit by November 13, 2018. Filing a PSD PM Rule PSD and the related 13045 (62 FR 19885, April 23, 1997); 2.5 • petition for reconsideration by the PSD elements for the above listed Are not a significant regulatory Administrator of this final rule does not infrastructure SIPs. action subject to Executive Order 13211 affect the finality of this action for the (66 FR 28355, May 22, 2001); purposes of judicial review nor does it IV. Statutory and Executive Order • Are not subject to requirements of extend the time within which a petition Reviews Section 12(d) of the National for judicial review may be filed, and Under the CAA, the Administrator is Technology Transfer and Advancement shall not postpone the effectiveness of Act of 1995 (15 U.S.C. 272 note) because required to approve a SIP submission such rule or action. This action may not application of those requirements would that complies with the provisions of the be challenged later in proceedings to Act and applicable Federal regulations. be inconsistent with the CAA; and • Do not provide EPA with the enforce its requirements. See section See 42 U.S.C. 7410(k); 40 CFR 52.02(a). discretionary authority to address, as 307(b)(2). Thus, in reviewing SIP submissions, appropriate, disproportionate human EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 health or environmental effects, using provided that they meet the criteria of Environmental protection, Air practicable and legally permissible the CAA. These actions merely approve pollution control, Incorporation by methods, under Executive Order 12898 state law as meeting Federal reference, Intergovernmental relations, (59 FR 7629, February 16, 1994). requirements and do not impose The SIP is not approved to apply on Lead, Nitrogen dioxide, Ozone, additional requirements beyond those any Indian reservation land or in any Particulate matter, Reporting and imposed by state law. For that reason, other area where EPA or an Indian tribe recordkeeping requirements, Sulfur these actions: has demonstrated that a tribe has oxides. • Are not a significant regulatory jurisdiction. In those areas of Indian Dated: August 28, 2018. action subject to review by the Office of country, the rule does not have tribal Management and Budget under Onis ‘‘Trey’’ Glenn, III, implications as specified by Executive Regional Administrator, Region 4. Executive Orders 12866 (58 FR 51735, Order 13175 (65 FR 67249, November 9, 40 CFR part 52 is amended as follows: October 4, 1993) and 13563 (76 FR 3821, 2000), nor will it impose substantial January 21, 2011); direct costs on tribal governments or PART 52—APPROVAL AND • Are not an Executive Order 13771 preempt tribal law. PROMULGATION OF (82 FR 9339, February 2, 2017) The Congressional Review Act, 5 IMPLEMENTATION PLANS regulatory action because SIP approvals U.S.C. 801 et seq., as added by the Small are exempted under Executive Order Business Regulatory Enforcement ■ 1. The authority citation for part 52 12866; Fairness Act of 1996, generally provides continues to read as follows: • Do not impose an information that before a rule may take effect, the collection burden under the provisions agency promulgating the rule must Authority: 42 U.S.C. 7401 et seq. of the Paperwork Reduction Act (44 submit a rule report, which includes a Subpart II—North Carolina U.S.C. 3501 et seq.); copy of the rule, to each House of the • Are certified as not having a Congress and to the Comptroller General ■ 2. Section 52.1770(c) Table 1 is significant economic impact on a of the United States. EPA will submit a amended under Subchapter 2D, Section substantial number of small entities report containing this action and other .0500 by revising the entry for ‘‘Sect under the Regulatory Flexibility Act (5 required information to the U.S. Senate, .0530’’ to read as follows: U.S.C. 601 et seq.); the U.S. House of Representatives, and • Do not contain any unfunded the Comptroller General of the United § 52.1770 Identification of plan. mandate or significantly or uniquely States prior to publication of the rule in * * * * * affect small governments, as described the Federal Register. A major rule (c) * * *

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State effective State citation Title/subject date EPA approval date Explanation

Subchapter 2D Air Pollution Control Requirements

******* Section .0500 Emission Control Standards

******* Sect .0530 ...... Prevention of Significant Deterioration ...... 9/1/2017 9/11/2018, [Insert citation of publication in ...... Federal Register].

*******

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* * * * * Infrastructure Requirements for the 2008 ‘‘110(a)(1) and (2) Infrastructure ■ 3. Section 52.1770(e), is amended by Lead NAAQS’’, ‘‘110(a)(1) and (2) Requirements for the 2012 Annual PM2.5 adding entries for ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2008 NAAQS’’ at the end of the table to read Infrastructure Requirements for 1997 8-Hour Ozone NAAQS’’, ‘‘110(a)(1) and as follows: Fine Particulate Matter NAAQS’’, (2) Infrastructure Requirements for the § 52.1770 Identification of plan. ‘‘110(a)(1) and (2) Infrastructure 2010 1-hour NO2 NAAQS’’, ‘‘110(a)(1) Requirements for 2006 Fine Particulate and (2) Infrastructure Requirements for * * * * * Matter NAAQS’’, ‘‘110(a)(1) and (2) the 2010 1-hour SO2 NAAQS’’, and (e) * * *

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

State effective EPA approval Federal Register ci- Provision date date tation Explanation

******* 110(a)(1) and (2) Infrastructure Require- 4/1/2008 9/11/2018 [Insert citation of Approved the PSD elements of sections ments for 1997 Fine Particulate Matter publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong NAAQS. eral Register]. 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure Require- 9/21/2009 9/11/2018 [Insert citation of Approved the PSD elements of sections ments for 2006 Fine Particulate Matter publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong NAAQS. eral Register]. 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure Require- 6/15/2012 9/11/2018 [Insert citation of Approved the PSD elements of sections ments for the 2008 Lead NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong eral Register]. 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure Require- 11/2/2012 9/11/2018 [Insert citation of Approved the PSD elements of sections ments for the 2008 8-Hour Ozone publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong NAAQS. eral Register]. 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure Require- 8/23/2013 9/11/2018 [Insert citation of Approved the PSD elements of sections ments for the 2010 1-hour NO2 NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong eral Register]. 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure Require- 3/18/2014 9/11/2018 [Insert citation of Approved the PSD elements of sections ments for the 2010 1-hour SO2 NAAQS. publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong eral Register]. 3) and 110(a)(2)(J). 110(a)(1) and (2) Infrastructure Require- 12/4/2015 9/11/2018 [Insert citation of Approved the PSD elements of sections ments for the 2012 Annual PM2.5 publication in Fed- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong NAAQS. eral Register]. 3) and 110(a)(2)(J).

[FR Doc. 2018–19603 Filed 9–10–18; 8:45 am] addresses maintenance of the PM10 INFORMATION CONTACT section for BILLING CODE 6560–50–P standard for a ten-year period beyond additional availability information. redesignation. Related to this action, the FOR FURTHER INFORMATION CONTACT: EPA is taking final agency action on the Justin Spenillo at (206) 553–6125, or ENVIRONMENTAL PROTECTION September 15, 2013, high wind [email protected]. AGENCY exceptional event at the Pinehurst SUPPLEMENTARY INFORMATION: monitoring station. Additionally, the 40 CFR Parts 52 and 81 Throughout this document whenever EPA is finalizing approval of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is emissions inventory for the West Silver intended to refer to the EPA. [EPA–R10–OAR–2017–0582; FRL–9983– Valley 2012 annual PM 53—Region 10] 2.5 nonattainment area. Table of Contents

Air Plan Approval; ID, Pinehurst PM10 DATES: This action is effective on I. Background Information Redesignation, Limited Maintenance October 11, 2018. II. Response to Comments Plan; West Silver Valley 2012 Annual III. Final Action ADDRESSES: PM Emission Inventory The EPA has established a IV. Statutory and Executive Orders Review 2.5 docket for this action under Docket ID I. Background Information AGENCY: Environmental Protection No. EPA–R10–OAR–2017–0582. All Agency (EPA). documents in the docket are listed on On May 11, 2018, the EPA proposed ACTION: Final rule. the https://www.regulations.gov to approve the redesignation request website. Although listed in the index, and limited maintenance plan (LMP) SUMMARY: The EPA is approving the some information is not publicly submitted by the Idaho Department of redesignation request and limited available, e.g., Confidential Business Environmental Quality (IDEQ) on maintenance plan for the PM10 National Information or other information the September 29, 2017, for the City of Ambient Air Quality Standard disclosure of which is restricted by Pinehurst PM10 Nonattainment Area and developed for the City of Pinehurst statute. Certain other material, such as the Pinehurst PM10 Expansion PM10 Nonattainment Area and the copyrighted material, is not placed on Nonattainment Area, collectively Pinehurst PM10 Expansion the internet and will be publicly referred to as the Pinehurst PM10 Nonattainment Area. This redesignation available only in hard copy form. Nonattainment Area (Pinehurst PM10 will change the status of both areas from Publicly available docket materials are NAA). nonattainment to attainment. The available through https:// Related to this action, the EPA is limited maintenance plan for these www.regulations.gov, or please contact taking final agency action on the EPA’s contiguous nonattainment areas the person identified in the FOR FURTHER concurrence with the IDEQ’s request for

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exclusion of data measured on The public comment period for this approved, the state is subject to CAA September 15, 2013, as a high wind proposed rule ended on June 11, 2018. section 179(a)(4), which provides that a exceptional event at the Pinehurst The EPA received adverse comments on state can be subject to federal sanctions monitoring station, as set forth in the the proposal. for not implementing any requirement March 2, 2017 letter to the IDEQ, of an approved plan or part of an II. Response to Comments included in the docket. The Clean Air approved plan, unless the deficiency is Act (CAA) allows for the exclusion of The Idaho Conservation League (ICL) corrected within 18 months. air quality monitoring data from design submitted adverse comments on our Reviewing the specific plan measures, value calculations when there are proposed approval of the Pinehurst the IDEQ has implemented woodstove exceedances caused by events, such as PM10 NAA redesignation request and replacements and home weatherization wildfires or high wind events, that meet LMP. Within this section, we have since the early 1990s in the Pinehurst the criteria for an exceptional event summarized the adverse comments and PM10 NAA. As identified in Table 9 of identified in the EPA’s implementing provided our responses. A full copy of the IDEQ submittal, the woodstove regulations, the Exceptional Events Rule comments received is available in the changeout program resulted in 76 at 40 CFR 50.1, 50.14 and 51.930. In docket for this final action. uncertified woodstoves being replaced 2013, emissions from a high wind event Comment—Permanent and Enforceable by 1994, with an additional 87 between entrained dust and impacted PM10 Emissions Reductions 1995 and 2014 and 40 more between concentrations recorded at the Pinehurst 2015 and 2017. These measures have Summary—The ICL comment letter monitor. The EPA evaluated the IDEQ’s been implemented through a variety of asserts the ‘‘EPA must reject Idaho exceptional event demonstration for the programs and agencies. Changeouts of DEQ’s request for redesignation of the flagged values of the 24-hour PM10 uncertified woodstoves were completed NAAQS for September 15, 2013, at the Pinehurst NAA’’ because the state has not met the redesignation requirements through a combined Federal assistance monitor in Pinehurst, Idaho, with grant and state and local loan program. respect to the requirements of the EPA’s in CAA section 107(d)(3)(E)(iii). The ICL cites the EPA’s September 4, 1992, This combined program was Exceptional Events Rule and administered by the Northern Idaho determined that IDEQ met the rule guidance, which, among other things, addresses emissions reductions based Community Action Agency. The home requirements. weatherization program was run Separately, the EPA also proposed on permanent and enforceable measures (Memorandum from John Calcagni, through the Idaho Economic approval of the base year emissions Opportunity Office with loan and grant inventory for the West Silver Valley Director, Air Quality Management Division, EPA Office of Air Quality funding supplied by the Idaho (WSV) PM2.5 Nonattainment Area Department of Water Resources, (NAA). Section 172(c)(3) of the CAA Planning and Standards, entitled ‘‘Procedures for Processing Requests to Farmers Home Administration, requires a state with an area designated Washington Water Power, and North as nonattainment to submit a Redesignate Areas to Attainment’’ (Calcagni Memo)). The ICL comment Idaho Community Action Agency. In ‘‘comprehensive, accurate, current terms of emissions reductions, when inventory of actual emissions from all letter provides examples of nonattainment areas redesignated for comparing the emissions inventories sources of the relevant pollutant’’ for the from residential wood combustion from NAA. The IDEQ developed a 2013 base PM10 and ozone in Ohio, Colorado, and Idaho, which use local rules, laws, and 1988 to 2013, they dropped 80.25 lb/day year emissions inventory for the WSV (27.45%) during the winter season when annual PM NAA. The base year ordinances to provide for permanent 2.5 particulate matter emissions are often emissions inventory includes data from and enforceable emissions reductions. the highest (Table 8 of the IDEQ 2013 and 2014 and in large part was The comment letter states that the IDEQ submittal). These reductions are extracted from the 2014 periodic and City of Pinehurst were aware of the permanent in that both the woodstove emissions inventory which is used to need for permanent and enforceable replacement and the reduced energy populate the EPA’s National Emissions measures, citing discussion notes taken needs from improved home energy Inventory. The 2013 base year inventory during a 2016 advisory committee efficiency via weatherization generally is one of the three years used to session for the West Silver Valley PM2.5 last and extend throughout the life of designate the area as nonattainment. NAA, an overlapping area designated the home.1 Any subsequent home This base year inventory presents direct nonattainment for the 2012 annual modification would likely improve, if PM2.5 emissions (condensable and PM2.5 NAAQS. The ICL comment letter filterable) and emissions of all PM concludes that the control measures and not maintain, emissions reductions, and 2.5 benefits are expected to be net positive precursors (NOX, VOCs, NH3, and SO2) associated emissions reductions are not to meet the emissions inventory permanent nor enforceable. given that emissions of EPA-certified requirements of CAA section 172(c)(3) Response—We disagree with the stoves are estimated to be on average and 40 CFR 51.1008(a)(1). The EPA has commenter. Measures to attain the 24- three to four times lower than uncertified stoves.2 reviewed the results, procedures, and hour PM10 NAAQS were submitted by The remaining methodologies for the WSV Annual IDEQ on April 14, 1992, and approved measures, including the public awareness campaign focused on clean PM2.5 NAA base year emissions into the SIP on August 25, 1994 (59 FR inventory. The EPA determined that the 43745). In the August 25, 1994 action, burning practices and the voluntary 2013 base year emissions inventory for the EPA evaluated the IDEQ’s submittal woodsmoke curtailment programs are all helpful in supporting the reduction the WSV annual PM2.5 NAA met the with respect to the CAA section 172 requirements of CAA section 172(c)(3) requirements, including the Reasonably of woodsmoke emissions in the area. and 40 CFR 51.1008(a)(1). Available Control Measures and their Additionally, the EPA recently An explanation of the CAA enforceability. The EPA approved the awarded IDEQ a 2015 Targeted Airshed requirements, a detailed analysis of the control measures into the SIP at 40 CFR submittal, and the EPA’s reasons for part 52, subpart N as meeting CAA 1 See Department of Energy Weatherization Program, https://www.energy.gov/sites/prod/files/ proposing approval were provided in requirements and making them, along 2018/06/f52/EERE_WAP_Fact%20Sheet-v2.pdf. the notice of proposed rulemaking (83 with the attainment plan itself, federally 2 See EPA Burnwise Program, https:// FR 21976), and will not be restated here. enforceable (59 FR 43745). Once www.epa.gov/burnwise/burn-wise-energy-efficiency.

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Grant for the West Silver Valley PM2.5 design value for LMP qualification as with respect to the standard for which NAA. As a condition of the grant identified in the proposal. the area was designated nonattainment.3 agreement with the EPA, the IDEQ Since the proposal, the IDEQ has The Pinehurst PM10 NAA was committed to replace 183 uncertified submitted and the EPA has reviewed designated nonattainment for the 24-hr wood heating devices and provide the and concurred on the IDEQ’s PM10 NAAQS and therefore the associated emissions reductions. Each demonstration that elevated PM10 appropriate statistical test is with homeowner receiving a changeout must concentrations on three days in respect to the 98 mg/m3 5-year average sign a certification document to ensure September 2017 were attributable to design value. The EPA has confirmed that they will remove an uncertified wildfire exceptional events and qualify that the area meets the 5-year average wood heating device from their home for exclusion under EPA’s Exceptional design value of 98 mg/m3. We believe and agree to have two follow-up home Events Rule. The August 24, 2018 that the IDEQ has met the requirements inspections on the new certified device, concurrence letter to the IDEQ is of the LMP with regards to the 24-hr commit to proper wood burning included in the docket. With the PM10 standard and the IDEQ does not practices, and commit to not replacing exceptional event days excluded, the need to address the annual PM10 the device with another solid fuel area continues to meet the LMP average standard. burning device. All removed stoves are design value for the most recent 5-year Comment—Federal Clean Air rendered permanently and irreversibly period, through 2017. The EPA intends Deregulation inoperable and are properly disposed. to propose final agency action on these We believe the grant terms and 2017 exceptional events in a Summary—The ICL states that they conditions and the homeowner forthcoming action. are concerned about recent actions and certifications provide additional Based on the IDEQ PM10 LMP statements by federal agencies that may enforceability for purposes of submission and the EPA’s review of air affect vehicle emissions reductions in maintaining the PM10 standard in the quality monitoring data, it is reasonable the future, and how that may affect the area. to conclude that the measures to reduce Pinehurst PM10 NAA ability to attain While not specifically taken credit for PM10 in the Pinehurst PM10 NAA have and its permanence. The ICL comment in the original attainment plan nor the contributed to permanent emissions letter specifically points to the IDEQ’s LMP, road dust control has played an reductions. Emissions reductions in the reference to Tier 3 vehicle standards important part in the area. It is the area have been maintained since 1994, and the EPA’s proposal to reduce second largest source of pollution and enforceable control measures Corporate Average Fuel Economy according to the emissions inventory, remain in place as approved into the (CAFE) standards. The comment then and the area has taken measures to SIP. We therefore conclude that the area requests that the EPA ‘‘identify any and reduce emissions through paving roads, has met its obligations with regard to all of its models and analyses that may maintenance of roads, and adjusting permanent and enforceable measures to be impacted by current and proposed street sweeping to reduce particulate maintain the 24-hour PM10 standard and deregulation of vehicle emissions. matter. With respect to permanence of that no further action is required. Furthermore, we request that any road controls, once paved their vehicle emission model or emission Comment—Annual PM10 NAAQS associated emissions will be reduced factor for PM10 be revised such that the and road maintenance will ensure Summary—The ICL requests that the models and factors are not based on any lasting emissions reductions. We EPA explain why the LMP and the federal emission regulation currently received clarification from the IDEQ that EPA’s subsequent analysis only under judicial or administrative since 2016, the majority of roads (over evaluated the 24-hour PM10 LMP design review.’’ 10 miles in a city roughly 1 square mile) value and not the annual PM10 LMP Response—We do not agree with the in the Pinehurst area have been rebuilt design value. The commenter asserts commenter’s assertion regarding the or sealed. that both are required. impact of current or proposed changes We have reviewed monitoring data for Response—On August 9, 2001, the to motor vehicle emissions standards on the area with respect to the permanence EPA issued guidance on streamlined the proposed action, because the of the emissions reductions. In Table 2 maintenance plan provisions for certain Pinehurst PM10 NAA does not rely on of the IDEQ submittal, monitoring data moderate PM10 nonattainment areas motor vehicle emissions reductions for is provided from 1986 through 2015. seeking redesignation to attainment attainment or its continued maintenance From 1986 through 1993, the Pinehurst (Memorandum from Lydia Wegman, of the NAAQS. Additionally, there are PM10 NAA was regularly recording Director, Air Quality Standards and no proposed changes to Tier 3 vehicle values above 100 mg/m3, and exceeded Strategies Division, entitled ‘‘Limited standards and proposed CAFE standards the 3-year expected exceedances design Maintenance Plan Option for Moderate have minimal effect on criteria value of 1.0. From 1994 through 2015, PM10 Nonattainment Areas’’ (LMP pollutants, their focus instead being on Table 2 shows that the area has Option Memo)). Section IV of the LMP greenhouse gas emissions reductions. consistently met the 24-hour PM10 Option Memo discusses LMP When reviewing the submitted standard, and the EPA has reviewed and qualification and qualifying design Pinehurst PM10 2013 Emissions confirmed the data. As noted in the values specifically. It states that ‘‘[t]he Inventory in Table 7 of the IDEQ’s submittal, the area came into attainment area should be attaining the NAAQS submittal, the primary source of PM10 is in the same timeframe as the IDEQ’s and the average PM10 design value for residential wood combustion at 17.75 completion of the first batch of the area, based on the most recent 5 tons per year (TPY), which is 44.5% of woodstove changeouts (76 by 1994). The years of air quality data at all monitors the PM10 emissions in the area. Road area has continued to meet the 24-hour in the area, should be at or below 40 mg/ dust, paved and unpaved, is the next 3 PM10 NAAQS design value since 1994, m for the annual PM10 NAAQS and 98 largest contributor at a cumulative 8.91 3 and it has also shown a continued mg/m for the 24-hr PM10 NAAQS with TPY, or 22.3% of emissions. decrease in maximum annual 24-hr no violations at any monitor in the Cumulatively, residential wood PM10 concentrations. Additionally, the nonattainment area.’’ combustion and road dust make up EPA has determined that the Pinehurst To qualify for the LMP option, the PM10 NAA meets the 5-year average area must meet the design value test 3 See LMP Option Memo.

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66.8% of the emissions inventory. would change would be the on-road With regard to the ICL’s request for During winter days when particulate mobile source. Currently, that value is explanation of the emissions factors matter levels are often higher, calculated using the formula in the LMP used, we reviewed the emissions factors residential wood combustion is 212.05 Option Memo: DV mobile * VMT paved, (EFs) for residential wood combustion lb/day, which is 82.17% of the PM10 where the DV mobile provides a 3.6509 that IDEQ used and found them emissions in the area (Table 8). Paved mg/m3 contribution to the design value consistent with the EPA EFs and road dust (unpaved is no longer part of and VMT paved is the 0.0166 percent methodology used in the 2014 National the emissions inventory), is the next growth rate (3.6509 * 0.0166 = 0.06 mg/ Emissions Inventory. The IDEQ used largest contributor at a 25.38 lb/day, or m3 contribution). Given that the growth EFs derived from EPA’s Residential 9.83% of emissions. Residential wood rate in Pinehurst is very small, any Wood Combustion Emissions combustion currently makes up the potential changes to the emissions Estimation Tool version 3.1 (October majority of the emissions inventory. standards would have a small effect on 2016) that are more up to date than the Motor vehicle emissions by comparison the design value. Taking a conservative EFs in AP–42, which were last updated make up a very small portion of the assumption and doubling the DV mobile in 1996 for this source category. We emissions inventory at 1.84 from 3.6509 mg/m3 to 7.3018 mg/m3, and have included in the docket the TPY(annual) and 11.09 lb/day(winter), applying the 0.0166 growth rate would documentation for v3.1 and 3.2 of the or less than 5% of both the annual and only increase the mobile contribution Residential Wood Combustion winter emissions inventories. This is from 0.06 mg/m3 contribution to 0.12 mg/ Emissions Estimation Tool, which has expected as motor vehicle emissions do m3 contribution and the Pinehurst area the emissions factors used and the not contribute large quantities of PM10. would still be able meet the motor references for those EFs. Both versions As described in section 3.4 Control vehicle regional analysis test. Given the of the tool use the same EFs. Measures and section 3.2.2 Emissions small contribution of motor vehicle In response to the comment, we have Inventory Results and Adequacy emissions and low growth rate in the confirmed with the IDEQ that the Determination, the Pinehurst PM10 LMP Pinehurst area, we believe the Pinehurst changeouts were with phase II or better focuses primarily on the reduction of PM10 NAA LMP is sufficient and no EPA certified stoves. We have also PM10 emissions from residential further action is required. confirmed that the IDEQ emissions woodsmoke and from road dust from The ICL’s request that the EPA inventory assumptions and calculations paved and unpaved roads. The identify and revise all of its models, are correct and that the appropriate EFs Pinehurst PM10 LMP itself does not take analyses, and emissions factors that may were used. credit for emissions reductions from be impacted by current or proposed Comment—Contingency Plan motor vehicle emissions reductions nor changes to vehicle emissions standards does it rely on it for continued is outside of the scope of this action. Summary—The ICL requested that the attainment of the PM10 NAAQS. EPA further explain how the IDEQ’s As mentioned in the proposal, the Comment—Emission Factors Contingency Plan is compliant with Pinehurst area has met the PM10 3-year Summary—The ICL requested that the section 175A of the CAA. The comment design value of expected exceedance of EPA confirm that all woodstoves provides a summary with references to 1.0 or less since 1994. Additionally, the replaced were ‘‘Phase II,’’ and to require CAA section 175A, the Calcagni Memo Pinehurst area has only recorded one that the IDEQ revise calculations in the that provides guidance for maintenance value (in 2010) above 98 mg/m3 since case that any of the replacements were plans, and the LMP Option Memo that 1999 that was not the result of an not Phase II. The ICL asserts that the provides guidance for LMPs. exceptional event. The area has IDEQ used incorrect emissions factors Response—While the commenter demonstrated, and EPA has confirmed, based on a comparison of AP–42 correctly identifies that CAA section that the 3-yr and 5-yr design values emissions factors to those used by IDEQ 175A provides the statutory qualify for the LMP option. in the Pinehurst PM10 LMP, and requirements for maintenance plan Additionally, the area has demonstrated requests an explanation for this or requirements, and that the LMP Option that it meets the LMP motor vehicle revision, whichever is more appropriate. Memo provides guidance for regional analysis, which assesses Response—We disagree that the IDEQ contingency provisions under the LMP increases in emissions based on the used incorrect emissions factors and do option, the ICL’s contention that area’s growth rate as applied to paved not believe that any further calculations contingency provisions 4 must be fully road dust emissions, unpaved road dust are needed. In 1988, the EPA finalized adopted and take effect within one year emissions, and mobile source emissions. the residential wood heaters new source and without further legislative action is It is this last category where the ICL performance standards (NSPS) that incorrect. These requirements do not comment questions if any changes in required performance standards for appear in the CAA section 175A federal emissions requirements would woodstoves. These performance requirements nor the LMP Option affect the area’s ability to attain. As standards were released in two phases; Memo, and are contradicted by the explained above, motor vehicle Phase I went into effect immediately in Calcagni Memo, EPA’s long-standing emissions in the Pinehurst NAA are not 1988, and Phase II went into effect in interpretation of redesignation and expected to affect the areas ability to 1990. The Phase II performance maintenance plan requirements. There, continue to attain as they are less than standards required that catalytic stoves it states, ‘‘For the purposes of section 5% and were not taken credit for in the have an emission rate of 4.1g/hr or less 175A, a State is not required to have attainment plan, nor the redesignation and non-catalytic stoves have an fully adopted contingency measures that request and LMP. emissions rate of 7.5 g/hr or less. All will take effect without further action by While we do not believe that any stoves that have been replaced in the State in order for the maintenance changes to motor vehicle emissions are Pinehurst occurred after Phase II relevant to the area’s ability to attain, we standards were in place. Additionally, 4 The IDEQ submittal and ICL comment letter use did a basic evaluation to determine if we have received confirmation from the terminology ‘‘contingency measures,’’ when referring to the CAA section 175A ‘‘contingency the area would continue to meet the IDEQ that these changeouts were provisions’’ requirements. ‘‘Contingency measures’’ LMP motor vehicle regional analysis. completed and that they were Phase II are associated with attainment planning and have The only portion of the calculation that EPA certified stoves. different requirements.

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plan to be approved.’’ Calcagni Memo at A violation cited in the Annual Network • does not impose an information 12; see also Greenbaum v. EPA, 370 Plan would trigger a schedule and collection burden under the provisions F.3d 527, 541 (6th Cir. 2004) (upholding process for IDEQ to examine the data, of the Paperwork Reduction Act (44 this portion of the Calcagni Memo). assess the source of the problem, and U.S.C. 3501 et seq.); CAA section 175A(d) and EPA’s identify which contingency provision to • is certified as not having a interpretation of that provision as set adopt and implement. The submitted significant economic impact on a out in the Calcagni Memo and the LMP plan lists potential provisions focused substantial number of small entities Option Memo provide the standards by on control of woodsmoke and road dust, under the Regulatory Flexibility Act (5 which the EPA must evaluate the two primary sources of PM in the U.S.C. 601 et seq.); 10 • contingency plans. Section 175A(d) nonattainment area. The submitted does not contain any unfunded states that ‘‘[e]ach plan revision contingency provisions meet the CAA mandate or significantly or uniquely submitted under this section shall section 175A requirement to continue affect small governments, as described contain such contingency provisions as implementing measures relied upon for in the Unfunded Mandates Reform Act the Administrator deems necessary to attainment. There is an automatic of 1995 (Pub. L. 104–4); • assure that the State will promptly process on a set schedule by which the does not have Federalism correct any violation of the standard Pinehurst area’s design value is implications as specified in Executive which occurs after the redesignation of evaluated annually (i.e., the Annual Order 13132 (64 FR 43255, August 10, the area as an attainment area. Such 1999); Network Plan submittal-review- • provisions shall include a requirement approval), and a violation would trigger is not an economically significant that the State will implement all the state to be required to evaluate, regulatory action based on health or measures with respect to the control of identify, adopt, and implement safety risks subject to Executive Order the air pollutant concerned which were contingency provisions best suited 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action contained in the State implementation towards bringing the area back into subject to Executive Order 13211 (66 FR plan for the area before redesignation of attainment. Therefore, the EPA is the area as an attainment area.’’ The 28355, May 22, 2001); finalizing approval of the IDEQ’s plan as • Calcagni Memo and the LMP Option is not subject to requirements of meeting the requirements of section Section 12(d) of the National memo further elaborate that ‘‘Section 175A. 175A of the Act states that a Technology Transfer and Advancement maintenance plan must include III. Final Action Act of 1995 (15 U.S.C. 272 note) because application of those requirements would contingency provisions, as necessary, to The EPA is approving the Pinehurst promptly correct any violation of the be inconsistent with the Clean Air Act; PM10 NAA LMP submitted by the IDEQ NAAQS which may occur after and and concurrently redesignating the area • redesignation of the area to attainment. does not provide the EPA with the to attainment for the PM10 NAAQS. discretionary authority to address, as These contingency measures do not Related to this action, the EPA is taking have to be fully adopted at the time of appropriate, disproportionate human final agency action on the September 15, health or environmental effects, using redesignation. However, the 2013, high wind exceptional event at contingency plan is considered to be an practicable and legally permissible the Pinehurst monitoring station. methods, under Executive Order 12898 enforceable part of the SIP and the State Additionally, the EPA is approving the should ensure that the contingency (59 FR 7629, February 16, 1994). West Silver Valley annual PM base measures are adopted as soon as 2.5 The SIP is not approved to apply on year emissions inventory as meeting possible once they are triggered by a any Indian reservation land or in any CAA section 172(c)(3) requirements. specific event. The contingency plan other area where the EPA or an Indian should identify the measures to be IV. Statutory and Executive Orders tribe has demonstrated that a tribe has adopted, and provide a schedule and Review jurisdiction. In those areas of Indian procedure for adoption and country, the rule does not have tribal Under the CAA, the Administrator is implementation of the measures if they implications and it will not impose required to approve a SIP submission are required. Normally, the substantial direct costs on tribal that complies with the provisions of the implementation of contingency governments or preempt tribal law as measures is triggered by a violation of Act and applicable federal regulations. specified by Executive Order 13175 (65 the NAAQS but the State may wish to 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). establish other triggers to prevent a Thus, in reviewing SIP submissions, the The Congressional Review Act, 5 violation of the NAAQS, such as an EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small exceedance of the NAAQS.’’ provided that they meet the criteria of Business Regulatory Enforcement The EPA has determined that the the CAA. Accordingly, this action Fairness Act of 1996, generally provides IDEQ’s contingency plan meets the merely approves state law as meeting that before a rule may take effect, the requirements of Section 175A(d) and the federal requirements and does not agency promulgating the rule must EPA’s guidance memos. Section 3.5 of impose additional requirements beyond submit a rule report, which includes a the IDEQ’s submittal confirms that all those imposed by state law. For that copy of the rule, to each House of the measures relied upon for attainment, reason, this action: Congress and to the Comptroller General including woodstove changeouts, • Is not a ‘‘significant regulatory of the United States. The EPA will voluntary curtailment program, home action’’ subject to review by the Office submit a report containing this action weatherization, and public awareness of Management and Budget under and other required information to the campaign continue to be in place and Executive Orders 12866 (58 FR 51735, U.S. Senate, the U.S. House of will be strengthened if the PM10 October 4, 1993) and 13563 (76 FR 3821, Representatives, and the Comptroller standard is exceeded. If the Pinehurst January 21, 2011); General of the United States prior to area exceeds the standard, Section 3.5.1 • is not an Executive Order 13771 (82 publication of the rule in the Federal identifies the Annual Network Plan FR 9339, February 2, 2017) regulatory Register. A major rule cannot take effect monitoring data as the triggering action because SIP approvals are until 60 days after it is published in the mechanism for contingency provisions. exempted under Executive Order 12866; Federal Register. This action is not a

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‘‘major rule’’ as defined by 5 U.S.C. List of Subjects PART 52—APPROVAL AND 804(2). 40 CFR Part 52 PROMULGATION OF IMPLEMENTATION PLANS Under section 307(b)(1) of the CAA, Environmental protection, Air petitions for judicial review of this pollution control, Incorporation by ■ 1. The authority citation for part 52 action must be filed in the United States reference, Intergovernmental relations, Court of Appeals for the appropriate Nitrogen dioxide, Particulate matter, continues to read as follows: circuit by November 13, 2018. Filing a Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq. petition for reconsideration by the requirements, Sulfur dioxide. Administrator of this final rule does not Subpart N—Idaho affect the finality of this action for the 40 CFR Part 81 purposes of judicial review nor does it Environmental protection, Air ■ 2. In § 52.670, the table in paragraph extend the time within which a petition pollution control, National parks, (e) is amended by adding an entry at the for judicial review may be filed, and Wilderness areas. end of the table for ‘‘Pinehurst PM10 shall not postpone the effectiveness of Authority: 42 U.S.C. 7401 et seq. Limited Maintenance Plan’’ to read as such rule or action. This action may not Dated: August 30, 2018. follows: be challenged later in proceedings to Michelle L. Pirzadeh, § 52.670 Identification of plan. enforce its requirements. (See section Acting Regional Administrator, Region 10. 307(b)(2)). * * * * * For the reasons set forth in the preamble, 40 CFR parts 52 and 81 are (e) * * * amended as follows:

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

State Name of SIP Applicable geographic or submittal EPA approval date Comments provision nonattainment area date

******* Pinehurst PM10 Limited Mainte- Shoshone County; Pinehurst Ex- 9/29/2017 9/11/2018, ...... nance Plan. pansion Area and City of Pine- [Insert Federal Register citation] .. hurst.

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. Northern Idaho Interstate AQCR 62 (Idaho portion):’’ to read as follows: FOR AIR QUALITY PLANNING ■ PURPOSES 4. In § 81.313, the table entitled ‘‘Idaho-PM–10’’ is amended by revising § 81.313 Idaho. ■ 3. The authority citation for part 81 the entry for ‘‘Eastern Washington- * * * * * continues to read as follows: IDAHO PM–10

Designation Classification Designated area Date Type Date Type

******* Eastern Washington-Northern Idaho Interstate AQCR 62 (Idaho portion): Shoshone County: Pinehurst Expansion Area Northwest quarter of the October 11, 2018 Attainment ...... Northwest quarter, Section 8, Township 48 North, Range 2 East; South- west quarter of the Northwest quarter, Section 8, Township 48, North, Range 2 East; Northwest quarter of the Southwest quarter, Section 8, Township 48 North, Range 2 East; Southwest quarter, Section 8, Town- ship 48 North, Range 2 East; Southwest quarter of the Southwest quar- ter, Section 48 North, Range 2 East, Boise Base (known as ‘‘Pinehurst expansion area’’). City of Pinehurst ...... October 11, 2018 Attainment ......

*******

* * * * * [FR Doc. 2018–19600 Filed 9–10–18; 8:45 am] BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Georgia 30303–8960. EPA requests that Florida’s SIP revision and redesignation AGENCY if at all possible, you contact the person request, as well as the rationale for listed in the FOR FURTHER INFORMATION EPA’s actions, are further explained in 40 CFR Parts 52 and 81 CONTACT section to schedule your the NPRM. Comments on the proposed [EPA–R04–OAR–2018–0182; FRL–9983–44– inspection. The Regional Office’s rulemaking were due on or before July Region 4] official hours of business are Monday 19, 2018. EPA did not receive any through Friday 8:30 a.m. to 4:30 p.m., adverse comments on the proposed Air Plan Approval and Air Quality excluding Federal holidays. actions. Designation; Florida: Redesignation of FOR FURTHER INFORMATION CONTACT: II. What are the effects of these actions? the Hillsborough County Lead Andres Febres, Air Regulatory Nonattainment Area to Attainment Management Section, Air Planning and Approval of Florida’s redesignation Implementation Branch, Air, Pesticides request changes the legal designation of AGENCY: Environmental Protection the portion of Hillsborough County, Agency (EPA). and Toxics Management Division, U.S. Environmental Protection Agency, Florida, that is designated as ACTION: Final rule. Region 4, 61 Forsyth Street SW, Atlanta, nonattainment, found at 40 CFR 81.310, SUMMARY: On March 26, 2018, the State Georgia 30303–8960. Mr. Febres can be from nonattainment to attainment for of Florida, through the Florida reached by phone at (404) 562–8966 or the 2008 lead NAAQS. Approval of Department of Environmental via electronic mail at febres- Florida’s associated SIP revision also Protection, submitted a request for the [email protected]. incorporates a plan into the SIP for Environmental Protection Agency (EPA) SUPPLEMENTARY INFORMATION: maintaining the 2008 lead NAAQS in the Hillsborough Area through 2029. to redesignate the Hillsborough County I. Background lead Nonattainment Area III. Final Action (‘‘Hillsborough Area’’ or ‘‘Area’’) to On November 12, 2008 (73 FR 66964), EPA is taking three separate but attainment for the 2008 lead National EPA promulgated a revised primary and related final actions regarding Florida’s Ambient Air Quality Standards secondary lead NAAQS of 0.15 3 March 26, 2018, redesignation request (NAAQS) and to approve an micrograms per cubic meter (mg/m ). and associated SIP revision for the accompanying State Implementation Under EPA’s regulations at 40 CFR part Plan (SIP) revision containing a 50, the 2008 lead NAAQS are met when Hillsborough Area. First, EPA is determining that the maintenance plan for the Area. The the maximum arithmetic 3-month mean Area attained the 2008 lead NAAQS Hillsborough Area is comprised of a 1.5 concentration for a 3-year period, as based on complete, quality-assured, and kilometer (km) radius in Tampa, determined in accordance with certified ambient monitoring data for Florida, surrounding the Envirofocus appendix R of 40 CFR part 50, is less 3 the 2014–2016 period and that the Area Technologies, LLC facility than or equal to 0.15 mg/m . See 40 CFR continues to attain the standard based (Envirofocus). EPA is taking final action 50.16. Ambient air quality monitoring on complete, quality-assured, and to determine that the Hillsborough Area data for the 3-year period must meet a is attaining the 2008 lead NAAQS; to data completeness requirement. certified ambient monitoring data for approve the SIP revision containing the EPA designated the Hillsborough Area the 2015–2017 period. Second, EPA is approving the State’s maintenance plan for as a nonattainment area for the 2008 maintenance plan for the Area and maintaining attainment of the 2008 lead lead NAAQS on November 22, 2010 (75 incorporating it into the Florida SIP. As standard and to incorporate the FR 71033), effective December 31, 2010, described in the NPRM, the maintenance plan into the SIP; and to using 2007–2009 ambient air quality maintenance plan demonstrates that the redesignate the Hillsborough Area to data. On March 26, 2018, Florida Area will continue to maintain the 2008 attainment for the 2008 lead NAAQS. submitted a request for EPA to redesignate the Hillsborough Area to lead NAAQS through 2029. DATES: This rule is effective October 11, Third, EPA is approving Florida’s 2018. attainment for the 2008 lead NAAQS and submitted an associated SIP request for redesignation of the Area ADDRESSES: EPA has established a revision containing a maintenance plan from nonattainment to attainment for docket for this action under Docket for the Area. In a notice of proposed the 2008 lead NAAQS. This final rule Identification No. EPA–R04–OAR– rulemaking (NPRM), published June 19, approves the redesignation request for 2018–0182. All documents in the docket 2018 (83 FR 28402), EPA proposed to the Hillsborough Area and changes the are listed on the www.regulations.gov determine that the Hillsborough Area is official designation of the portion of website. Although listed in the index, attaining the 2008 lead NAAQS, based Hillsborough County, Florida, bounded some information may not be publicly on complete, quality-assured, and by a 1.5 km radius centered at UTM available, i.e., Confidential Business certified ambient monitoring data for coordinates 364104 meters East, Information or other information whose the 2014–2016 time period and 3093830 meters North, Zone 17, which disclosure is restricted by statute. continues to attain based on complete, surrounds Envirofocus, as found at 40 Certain other material, such as quality-assured, and certified ambient CFR part 81, from nonattainment to copyrighted material, is not placed on monitoring data for the 2015–2017 time attainment for the 2008 lead NAAQS. the internet and will be publicly period; proposed to approve the SIP available only in hard copy form. IV. Statutory and Executive Order revision containing the State’s Publicly available docket materials are Reviews maintenance plan for maintaining available either electronically through Under the CAA, redesignation of an attainment of the 2008 lead standard; www.regulations.gov or in hard copy at area to attainment and the and proposed to redesignate the the Air Regulatory Management Section, Hillsborough Area to attainment for the Air Planning and Implementation certified data. When EPA took preliminary action 2008 lead NAAQS.1 The details of Branch, Air, Pesticides and Toxics to approve, 2015–2017 quality-assured, complete, and certified data was available, which continued Management Division, U.S. 1 As mentioned in the NPRM, at the time of to show that the Area is attaining the standard. In Environmental Protection Agency, Florida’s redesignation request, 2014–2016 data was addition, preliminary 2018 data also indicates that Region 4, 61 Forsyth Street SW, Atlanta, the most recent quality-assured, complete, and the Area continues to attain the standard.

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accompanying approval of a Order 13132 (64 FR 43255, August 10, Court of Appeals for the appropriate maintenance plan under section 1999); circuit by November 13, 2018. Filing a 107(d)(3)(E) are actions that affect the • Are not economically significant petition for reconsideration by the status of a geographical area and do not regulatory actions based on health or Administrator of this final rule does not impose any additional regulatory safety risks subject to Executive Order affect the finality of this action for the requirements on sources beyond those 13045 (62 FR 19885, April 23, 1997); purposes of judicial review nor does it imposed by state law. A redesignation to • Are not significant regulatory extend the time within which a petition attainment does not in and of itself actions subject to Executive Order for judicial review may be filed, and create any new requirements, but rather 13211 (66 FR 28355, May 22, 2001); shall not postpone the effectiveness of • results in the applicability of Are not subject to requirements of such rule or action. This action may not requirements contained in the CAA for Section 12(d) of the National be challenged later in proceedings to areas that have been redesignated to Technology Transfer and Advancement enforce its requirements. See section attainment. Moreover, the Administrator Act of 1995 (15 U.S.C. 272 note) because 307(b)(2). is required to approve a SIP submission application of those requirements would that complies with the provisions of the be inconsistent with the CAA; and List of Subjects • Act and applicable Federal regulations. Will not have disproportionate 40 CFR Part 52 See 42 U.S.C. 7410(k); 40 CFR 52.02(a). human health or environmental effects Thus, in reviewing SIP submissions, under Executive Order 12898 (59 FR Environmental protection, Air EPA’s role is to approve state choices, 7629, February 16, 1994). pollution control, Incorporation by provided that they meet the criteria of The SIP is not approved to apply on reference, Intergovernmental relations, the CAA. Accordingly, these actions any Indian reservation land or in any Lead, Reporting and recordkeeping merely approve state law as meeting other area where EPA or an Indian tribe requirements. has demonstrated that a tribe has Federal requirements and do not impose 40 CFR Part 81 additional requirements beyond those jurisdiction. In those areas of Indian imposed by state law. For this reason, country, the rule does not have tribal Environmental protection, Air these actions: implications as specified by Executive pollution control. • Are not significant regulatory Order 13175 (65 FR 67249, November 9, Dated: August 28, 2018. actions subject to review by the Office 2000), nor will it impose substantial of Management and Budget under direct costs on tribal governments or Onis ‘‘Trey’’ Glenn, III, Executive Orders 12866 (58 FR 51735, preempt tribal law. Regional Administrator, Region 4. October 4, 1993) and 13563 (76 FR 3821, The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small 40 CFR parts 52 and 81 are amended January 21, 2011); as follows: • Are not Executive Order 13771 (82 Business Regulatory Enforcement Fairness Act of 1996, generally provides FR 9339, February 2, 2017) regulatory PART 52—APPROVAL AND actions because SIP approvals and that before a rule may take effect, the agency promulgating the rule must PROMULGATION OF redesignations are exempted under IMPLEMENTATION PLANS Executive Order 12866; submit a rule report, which includes a • Do not impose an information copy of the rule, to each House of the ■ 1. The authority citation for part 52 collection burden under the provisions Congress and to the Comptroller General continues to read as follows: of the Paperwork Reduction Act (44 of the United States. EPA will submit a U.S.C. 3501 et seq.); report containing this action and other Authority: 42. U.S.C. 7401 et seq. • Are certified as not having a required information to the U.S. Senate, significant economic impact on a the U.S. House of Representatives, and Subpart K—Florida substantial number of small entities the Comptroller General of the United under the Regulatory Flexibility Act (5 States prior to publication of the rule in ■ 2. Section 52.520(e), is amended by U.S.C. 601 et seq.); the Federal Register. A major rule adding an entry for ‘‘2008 Lead NAAQS • Do not contain any unfunded cannot take effect until 60 days after it Maintenance Plan for the Hillsborough mandate or significantly or uniquely is published in the Federal Register. Area’’ at the end of the table to read as affect small governments, as described These actions are not a ‘‘major rule’’ as follows: in the Unfunded Mandates Reform Act defined by 5 U.S.C. 804(2). § 52.520 Identification of plan. of 1995 (Pub. L. 104–4); Under section 307(b)(1) of the CAA, • Do not have Federalism petitions for judicial review of this * * * * * implications as specified in Executive action must be filed in the United States (e) * * *

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

State effective EPA approval Federal Reg- Provision date date ister notice Explanation

******* 2008 Lead NAAQS Maintenance Plan for the Hillsborough Area ...... 3/26/2018 9/11/2018 [Insert Fed- eral Reg- ister cita- tion].

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PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. revising the entry for ‘‘Hillsborough FOR AIR QUALITY PLANNING ■ 4. In § 81.310, the table entitled County (part)’’ to read as follows: PURPOSES ‘‘Florida—2008 Lead NAAQS’’ is § 81.310 Florida. amended under ‘‘Tampa, FL’’ by ■ 3. The authority citation for part 81 * * * * * continues to read as follows:

FLORIDA—2008 LEAD NAAQS

Designation for the 2008 a Designated area NAAQS Date 1 Type

Tampa, FL: Hillsborough County (part). Area is located within a 1.5 km radius centered at UTM coordinates 364104 meters E, 3093830 meters 9/11/2018 Attainment. N, Zone 17, which surrounds the EnviroFocus Technologies facility.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 December 31, 2011 unless otherwise noted.

[FR Doc. 2018–19596 Filed 9–10–18; 8:45 am] must be filed in accordance with the applies to them. Potentially affected BILLING CODE 6560–50–P instructions provided in 40 CFR part entities may include: 178 (see also Unit I.C. of the • Crop production (NAICS code 111). SUPPLEMENTARY INFORMATION). • Animal production (NAICS code ENVIRONMENTAL PROTECTION ADDRESSES: The docket for this action, 112). • Food manufacturing (NAICS code AGENCY identified by docket identification (ID) 311). number EPA–HQ–OPP–2018–0263, is 40 CFR Part 180 • Pesticide manufacturing (NAICS available at http://www.regulations.gov code 32532). [EPA–HQ–OPP–2018–0263; FRL–9982–72] or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) B. How can I get electronic access to 2-Propenoic Acid, 2-methyl-, 2- in the Environmental Protection Agency other related information? oxiranylmethyl ester, polymer With Docket Center (EPA/DC), West William You may access a frequently updated butyl 2-propenoate, ethenylbenzene Jefferson Clinton Bldg., Rm. 3334, 1301 electronic version of 40 CFR part 180 and 2-ethylhexyl 2-propenoate; Constitution Ave. NW, Washington, DC through the Government Printing Tolerance Exemption 20460–0001. The Public Reading Room Office’s e-CFR site at http:// is open from 8:30 a.m. to 4:30 p.m., AGENCY: Environmental Protection www.ecfr.gov/cgi-bin/text-idx?&c=ecfr& _ Agency (EPA). Monday through Friday, excluding legal tpl=/ecfrbrowse/Title40/40tab 02.tpl. holidays. The telephone number for the ACTION: Final rule. Public Reading Room is (202) 566–1744, C. Can I file an objection or hearing request? SUMMARY: This regulation establishes an and the telephone number for the OPP exemption from the requirement of a Docket is (703) 305–5805. Please review Under FFDCA section 408(g), 21 tolerance for residues of 2-propenoic the visitor instructions and additional U.S.C. 346a, any person may file an acid, 2-methyl-, 2-oxiranylmethyl ester, information about the docket available objection to any aspect of this regulation polymer with butyl 2-propenoate, at http://www.epa.gov/dockets. and may also request a hearing on those ethenylbenzene and 2-ethylhexyl 2- FOR FURTHER INFORMATION CONTACT: objections. You must file your objection propenoate; when used as an inert Michael Goodis, Director, Registration or request a hearing on this regulation in accordance with the instructions ingredient in a pesticide chemical Division (7505P), Office of Pesticide provided in 40 CFR part 178. To ensure formulation. Spring Trading Company Programs, Environmental Protection proper receipt by EPA, you must on behalf of BASF Corporation Agency, 1200 Pennsylvania Ave. NW, identify docket ID number EPA–HQ– submitted a petition to EPA under the Washington, DC 20460–0001; main OPP–2018–0263 in the subject line on Federal Food, Drug, and Cosmetic Act telephone number: (703) 305–7090; the first page of your submission. All (FFDCA), requesting an exemption from email address: [email protected]. objections and requests for a hearing the requirement of a tolerance. This SUPPLEMENTARY INFORMATION: must be in writing, and must be regulation eliminates the need to I. General Information received by the Hearing Clerk on or establish a maximum permissible level before November 13, 2018. Addresses for residues of 2-propenoic acid, 2- A. Does this action apply to me? for mail and hand delivery of objections methyl-, 2-oxiranylmethyl ester, You may be potentially affected by and hearing requests are provided in 40 polymer with butyl 2-propenoate, this action if you are an agricultural CFR 178.25(b). ethenylbenzene and 2-ethylhexyl 2- producer, food manufacturer, or In addition to filing an objection or propenoate on food or feed pesticide manufacturer. The following hearing request with the Hearing Clerk commodities. list of North American Industrial as described in 40 CFR part 178, please DATES: This regulation is effective Classification System (NAICS) codes is submit a copy of the filing (excluding September 11, 2018. Objections and not intended to be exhaustive, but rather any Confidential Business Information requests for hearings must be received provides a guide to help readers (CBI)) for inclusion in the public docket. on or before November 13, 2018, and determine whether this document Information not marked confidential

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pursuant to 40 CFR part 2 may be 408(b)(2)(C) of FFDCA requires EPA to to become a cationic polymer in a disclosed publicly by EPA without prior give special consideration to exposure natural aquatic environment. notice. Submit the non-CBI copy of your of infants and children to the pesticide 2. The polymer does contain as an objection or hearing request, identified chemical residue in establishing an integral part of its composition at least by docket ID number EPA–HQ–OPP– exemption from the requirement of a two of the atomic elements carbon, 2018–0263, by one of the following tolerance and to ‘‘ensure that there is a hydrogen, nitrogen, oxygen, silicon, and methods. reasonable certainty that no harm will sulfur. • Federal eRulemaking Portal: http:// result to infants and children from 3. The polymer does not contain as an www.regulations.gov. Follow the online aggregate exposure to the pesticide integral part of its composition, except instructions for submitting comments. chemical residue . . .’’ and specifies as impurities, any element other than Do not submit electronically any factors EPA is to consider in those listed in 40 CFR 723.250(d)(2)(ii). information you consider to be CBI or establishing an exemption. 4. The polymer is neither designed other information whose disclosure is nor can it be reasonably anticipated to restricted by statute. III. Risk Assessment and Statutory substantially degrade, decompose, or • Mail: OPP Docket, Environmental Findings depolymerize. Protection Agency Docket Center (EPA/ EPA establishes exemptions from the 5. The polymer is manufactured or DC), (28221T), 1200 Pennsylvania Ave. requirement of a tolerance only in those imported from monomers and/or NW, Washington, DC 20460–0001. cases where it can be shown that the reactants that are already included on • Hand Delivery: To make special risks from aggregate exposure to the TSCA Chemical Substance arrangements for hand delivery or pesticide chemical residues under Inventory or manufactured under an delivery of boxed information, please reasonably foreseeable circumstances applicable TSCA section 5 exemption. follow the instructions at http:// will pose no appreciable risks to human 6. The polymer is not a water www.epa.gov/dockets/contacts.html. health. In order to determine the risks absorbing polymer with a number Additional instructions on from aggregate exposure to pesticide average molecular weight (MW) greater commenting or visiting the docket, inert ingredients, the Agency considers than or equal to 10,000 daltons. along with more information about the toxicity of the inert in conjunction 7. The polymer does not contain dockets generally, is available at http:// with possible exposure to residues of certain perfluoroalkyl moieties www.epa.gov/dockets. the inert ingredient through food, consisting of a CF3- or longer chain II. Background and Statutory Findings drinking water, and through other length as listed in 40 CFR 723.250(d)(6). exposures that occur as a result of Additionally, the polymer also meets In the Federal Register of June 14, pesticide use in residential settings. If as required the following exemption 2018 (83 FR 27743) (FRL–9978–41), EPA is able to determine that a finite criteria specified in 40 CFR 723.250(e). EPA issued a document pursuant to tolerance is not necessary to ensure that 8. The polymer’s number average MW FFDCA section 408, 21 U.S.C. there is a reasonable certainty that no of 3,600 is greater than 1,000 and less 346a(d)(3), announcing the receipt of a harm will result from aggregate than 10,000 daltons. The polymer pesticide petition (PP IN–11151) filed exposure to the inert ingredient, an contains less than 10% oligomeric by Spring Trading Company on behalf exemption from the requirement of a material below MW 500 and less than of BASF Corporation, 100 Park Avenue, tolerance may be established. 25% oligomeric material below MW Florham Park, New Jersey 07932. The Consistent with FFDCA section 1,000, and the polymer does not contain petition requested that 40 CFR 180.960 408(b)(2)(D), EPA has reviewed the any reactive functional groups. be amended by establishing an available scientific data and other Thus, 2-propenoic acid, 2-methyl-, 2- exemption from the requirement of a relevant information in support of this oxiranylmethyl ester, polymer with tolerance for residues of 2-propenoic action and considered its validity, butyl 2-propenoate, ethenylbenzene and acid, 2-methyl-, 2-oxiranylmethyl ester, completeness and reliability and the 2-ethylhexyl 2-propenoate meets the polymer with butyl 2-propenoate, relationship of this information to criteria for a polymer to be considered ethenylbenzene and 2-ethylhexyl 2- human risk. EPA has also considered low risk under 40 CFR 723.250. Based propenoate; CAS Reg. No. 58499–26–6. available information concerning the on its conformance to the criteria in this That document included a summary of variability of the sensitivities of major unit, no mammalian toxicity is the petition prepared by the petitioner identifiable subgroups of consumers, anticipated from dietary, inhalation, or and solicited comments on the including infants and children. In the dermal exposure to 2-propenoic acid, 2- petitioner’s request. The Agency did not case of certain chemical substances that methyl-, 2-oxiranylmethyl ester, receive any comments. are defined as polymers, the Agency has polymer with butyl 2-propenoate, Section 408(c)(2)(A)(i) of FFDCA established a set of criteria to identify ethenylbenzene and 2-ethylhexyl 2- allows EPA to establish an exemption categories of polymers expected to propenoate. from the requirement for a tolerance (the present minimal or no risk. The legal limit for a pesticide chemical definition of a polymer is given in 40 IV. Aggregate Exposures residue in or on a food) only if EPA CFR 723.250(b) and the exclusion For the purposes of assessing determines that the exemption is ‘‘safe.’’ criteria for identifying these low-risk potential exposure under this Section 408(c)(2)(A)(ii) of FFDCA polymers are described in 40 CFR exemption, EPA considered that 2- defines ‘‘safe’’ to mean that ‘‘there is a 723.250(d). 2-Propenoic acid, 2- propenoic acid, 2-methyl-, 2- reasonable certainty that no harm will methyl-, 2-oxiranylmethyl ester, oxiranylmethyl ester, polymer with result from aggregate exposure to the polymer with butyl 2-propenoate, butyl 2-propenoate, ethenylbenzene and pesticide chemical residue, including ethenylbenzene and 2-ethylhexyl 2- 2-ethylhexyl 2-propenoate could be all anticipated dietary exposures and all propenoate conforms to the definition of present in all raw and processed other exposures for which there is a polymer given in 40 CFR 723.250(b) agricultural commodities and drinking reliable information.’’ This includes and meets the following criteria that are water, and that non-occupational non- exposure through drinking water and used to identify low-risk polymers. dietary exposure was possible. The use in residential settings, but does not 1. The polymer is not a cationic number average MW of 2-propenoic include occupational exposure. Section polymer nor is it reasonably anticipated acid, 2-methyl-, 2-oxiranylmethyl ester,

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polymer with butyl 2-propenoate, toxicity of 2-propenoic acid, 2-methyl-, X. Statutory and Executive Order ethenylbenzene and 2-ethylhexyl 2- 2-oxiranylmethyl ester, polymer with Reviews propenoate is 3,600 daltons. Generally, butyl 2-propenoate, ethenylbenzene and This action establishes a tolerance a polymer of this size would be poorly 2-ethylhexyl 2-propenoate, EPA has not under FFDCA section 408(d) in absorbed through the intact used a safety factor analysis to assess response to a petition submitted to the gastrointestinal tract or through intact the risk. For the same reasons the Agency. The Office of Management and human skin. Since 2-propenoic acid, 2- additional tenfold safety factor is Budget (OMB) has exempted these types methyl-, 2-oxiranylmethyl ester, unnecessary. of actions from review under Executive polymer with butyl 2-propenoate, VII. Determination of Safety Order 12866, entitled ‘‘Regulatory ethenylbenzene and 2-ethylhexyl 2- Planning and Review’’ (58 FR 51735, propenoate conform to the criteria that Based on the conformance to the October 4, 1993). Because this action identify a low-risk polymer, there are no criteria used to identify a low-risk has been exempted from review under concerns for risks associated with any polymer, EPA concludes that there is a Executive Order 12866, this action is potential exposure scenarios that are reasonable certainty of no harm to the not subject to Executive Order 13211, reasonably foreseeable. The Agency has U.S. population, including infants and entitled ‘‘Actions Concerning determined that a tolerance is not children, from aggregate exposure to Regulations That Significantly Affect necessary to protect the public health. residues of 2-propenoic acid, 2-methyl- Energy Supply, Distribution, or Use’’ (66 V. Cumulative Effects From Substances , 2-oxiranylmethyl ester, polymer with FR 28355, May 22, 2001) or Executive With a Common Mechanism of Toxicity butyl 2-propenoate, ethenylbenzene and Order 13045, entitled ‘‘Protection of 2-ethylhexyl 2-propenoate. Section 408(b)(2)(D)(v) of FFDCA Children from Environmental Health requires that, when considering whether VIII. Other Considerations Risks and Safety Risks’’ (62 FR 19885, to establish, modify, or revoke a April 23, 1997). This action does not A. Analytical Enforcement Methodology tolerance, the Agency consider contain any information collections ‘‘available information’’ concerning the An analytical method is not required subject to OMB approval under the cumulative effects of a particular for enforcement purposes since the Paperwork Reduction Act (PRA) (44 pesticide’s residues and ‘‘other Agency is establishing an exemption U.S.C. 3501 et seq.), nor does it require substances that have a common from the requirement of a tolerance any special considerations under mechanism of toxicity.’’ without any numerical limitation. Executive Order 12898, entitled EPA has not found 2-propenoic acid, ‘‘Federal Actions to Address 2-methyl-, 2-oxiranylmethyl ester, B. International Residue Limits Environmental Justice in Minority Populations and Low-Income polymer with butyl 2-propenoate, In making its tolerance decisions, EPA Populations’’ (59 FR 7629, February 16, ethenylbenzene and 2-ethylhexyl 2- seeks to harmonize U.S. tolerances with 1994). propenoate to share a common international standards whenever mechanism of toxicity with any other Since tolerances and exemptions that possible, consistent with U.S. food are established on the basis of a petition substances, and 2-propenoic acid, 2- safety standards and agricultural methyl-, 2-oxiranylmethyl ester, under FFDCA section 408(d), such as practices. EPA considers the polymer with butyl 2-propenoate, the tolerance in this final rule, do not international maximum residue limits ethenylbenzene and 2-ethylhexyl 2- require the issuance of a proposed rule, (MRLs) established by the Codex propenoate does not appear to produce the requirements of the Regulatory Alimentarius Commission (Codex), as a toxic metabolite produced by other Flexibility Act (RFA) (5 U.S.C. 601 et required by FFDCA section 408(b)(4). substances. For the purposes of this seq.), do not apply. The Codex Alimentarius is a joint tolerance action, therefore, EPA has This action directly regulates growers, United Nations Food and Agriculture assumed that 2-propenoic acid, 2- food processors, food handlers, and food Organization/World Health methyl-, 2-oxiranylmethyl ester, retailers, not States or tribes, nor does Organization food standards program, polymer with butyl 2-propenoate, this action alter the relationships or and it is recognized as an international ethenylbenzene and 2-ethylhexyl 2- distribution of power and food safety standards-setting propenoate does not have a common responsibilities established by Congress organization in trade agreements to mechanism of toxicity with other in the preemption provisions of FFDCA which the United States is a party. EPA substances. For information regarding section 408(n)(4). As such, the Agency may establish a tolerance that is EPA’s efforts to determine which has determined that this action will not different from a Codex MRL; however, chemicals have a common mechanism have a substantial direct effect on States FFDCA section 408(b)(4) requires that of toxicity and to evaluate the or tribal governments, on the EPA explain the reasons for departing cumulative effects of such chemicals, relationship between the national from the Codex level. see EPA’s website at http:// government and the States or tribal www.epa.gov/pesticides/cumulative. The Codex has not established a MRL governments, or on the distribution of for 2-propenoic acid, 2-methyl-, 2- power and responsibilities among the VI. Additional Safety Factor for the oxiranylmethyl ester, polymer with various levels of government or between Protection of Infants and Children butyl 2-propenoate, ethenylbenzene and the Federal Government and Indian Section 408(b)(2)(C) of FFDCA 2-ethylhexyl 2-propenoate. tribes. Thus, the Agency has determined provides that EPA shall apply an IX. Conclusion that Executive Order 13132, entitled additional tenfold margin of safety for ‘‘Federalism’’ (64 FR 43255, August 10, infants and children in the case of Accordingly, EPA finds that 1999) and Executive Order 13175, threshold effects to account for prenatal exempting residues of 2-propenoic acid, entitled ‘‘Consultation and Coordination and postnatal toxicity and the 2-methyl-, 2-oxiranylmethyl ester, with Indian Tribal Governments’’ (65 FR completeness of the data base unless polymer with butyl 2-propenoate, 67249, November 9, 2000) do not apply EPA concludes that a different margin of ethenylbenzene and 2-ethylhexyl 2- to this action. In addition, this action safety will be safe for infants and propenoate from the requirement of a does not impose any enforceable duty or children. Due to the expected low tolerance will be safe. contain any unfunded mandate as

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described under Title II of the Unfunded General of the United States prior to PART 180—[AMENDED] Mandates Reform Act (UMRA) (2 U.S.C. publication of the rule in the Federal 1501 et seq.). Register. This action is not a ‘‘major ■ 1. The authority citation for part 180 This action does not involve any rule’’ as defined by 5 U.S.C. 804(2). continues to read as follows: technical standards that would require List of Subjects in 40 CFR Part 180 Authority: 21 U.S.C. 321(q), 346a and 371. Agency consideration of voluntary consensus standards pursuant to section Environmental protection, ■ 2. In § 180.960, alphabetically add the 12(d) of the National Technology Administrative practice and procedure, following polymer ‘‘2-Propenoic acid, 2- Transfer and Advancement Act Agricultural commodities, Pesticides methyl-, 2-oxiranylmethyl ester, (NTTAA) (15 U.S.C. 272 note). and pests, Reporting and recordkeeping polymer with butyl 2-propenoate, requirements. XI. Congressional Review Act ethenylbenzene and 2-ethylhexyl 2- Dated: August 28, 2018. propenoate, minimum number average Pursuant to the Congressional Review Michael Goodis, molecular weight (in amu), 3,600’’ to the Act (5 U.S.C. 801 et seq.), EPA will table to read as follows: submit a report containing this rule and Director, Registration Division, Office of Pesticide Programs. other required information to the U.S. § 180.960 Polymers; exemptions from the Senate, the U.S. House of Therefore, 40 CFR chapter I is requirement of a tolerance. Representatives, and the Comptroller amended as follows: * * * * *

Polymer CAS No.

******* 2-Propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2- propenoate, minimum number average molecular weight (in amu), 3,600 ...... 58499–26–6

*******

[FR Doc. 2018–19758 Filed 9–10–18; 8:45 am] or at the Office of Pesticide Programs • Crop production (NAICS code 111). BILLING CODE 6560–50–P Regulatory Public Docket (OPP Docket) • Animal production (NAICS code in the Environmental Protection Agency 112). Docket Center (EPA/DC), West William • Food manufacturing (NAICS code ENVIRONMENTAL PROTECTION Jefferson Clinton Bldg., Rm. 3334, 1301 AGENCY 311). Constitution Ave. NW, Washington, DC • 20460–0001. The Public Reading Room Pesticide manufacturing (NAICS 40 CFR Part 180 is open from 8:30 a.m. to 4:30 p.m., code 32532). [EPA–HQ–OPP–2017–0591; FRL–9980–90] Monday through Friday, excluding legal B. How can I get electronic access to holidays. The telephone number for the other related information? Cloquintocet-mexyl; Pesticide Public Reading Room is (202) 566–1744, Tolerances and the telephone number for the OPP You may access a frequently updated Docket is (703) 305–5805. Please review electronic version of EPA’s tolerance AGENCY: Environmental Protection the visitor instructions and additional regulations at 40 CFR part 180 through Agency (EPA). information about the docket available the Government Printing Office’s e-CFR ACTION: Final rule. at http://www.epa.gov/dockets. site at http://www.ecfr.gov/cgi-bin/text- idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ FOR FURTHER INFORMATION CONTACT: SUMMARY: This regulation establishes 40tab_02.tpl. tolerances for residues of the inert Michael L. Goodis, Registration Division ingredient cloquintocet-mexyl (CAS (7505P), Office of Pesticide Programs, C. How can I file an objection or hearing Reg. No. 99607–70–2) in or on teff Environmental Protection Agency, 1200 request? commodities when used in formulations Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: Under FFDCA section 408(g), 21 with the active ingredients florasulam U.S.C. 346a, any person may file an and fluroxypyr 1-methylhelptyl ester. (703) 305–7090; email address: [email protected]. objection to any aspect of this regulation The Interregional Research Project and may also request a hearing on those SUPPLEMENTARY INFORMATION: Number 4 requested these tolerances objections. You must file your objection under the Federal Food, Drug, and I. General Information or request a hearing on this regulation Cosmetic Act (FFDCA). in accordance with the instructions DATES: This regulation is effective A. Does this action apply to me? provided in 40 CFR part 178. To ensure September 11, 2018. Objections and You may be potentially affected by proper receipt by EPA, you must requests for hearings must be received this action if you are an agricultural identify docket ID number EPA–HQ– on or before November 13, 2018 and producer, food manufacturer, or OPP–2017–0591 in the subject line on must be filed in accordance with the pesticide manufacturer. The following the first page of your submission. All instructions provided in 40 CFR part list of North American Industrial objections and requests for a hearing 178 (see also Unit I.C. of the Classification System (NAICS) codes is must be in writing, and must be SUPPLEMENTARY INFORMATION). not intended to be exhaustive, but rather received by the Hearing Clerk on or ADDRESSES: The docket for this action, provides a guide to help readers before November 13, 2018. Addresses identified by docket identification (ID) determine whether this document for mail and hand delivery of objections number EPA–HQ–OPP–2017–0591, is applies to them. Potentially affected and hearing requests are provided in 40 available at http://www.regulations.gov entities may include: CFR 178.25(b).

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In addition to filing an objection or Based upon the fact that tolerances for has not changed, and the previous risk hearing request with the Hearing Clerk cloquintocet-mexyl when used with the assessments that supported the as described in 40 CFR part 178, please active ingredient pyroxsulam have establishment of those tolerances submit a copy of the filing (excluding previously been established under 40 remain valid. any Confidential Business Information CFR 180.560, the Agency’s evaluation of The Agency evaluated the request to (CBI)) for inclusion in the public docket. the subject tolerance petition is limited establish tolerances in or on teff forage, Information not marked confidential to the use of cloquintocet-mexyl with grain, hay, and straw. Teff is prepared pursuant to 40 CFR part 2 may be the active ingredients florasulam and like other whole grains, such as rice and disclosed publicly by EPA without prior fluroxypyr 1-methylhelptyl ester on teff barley, and may also be used to make notice. Submit the non-CBI copy of your only. flour in a manner similar to wheat and objection or hearing request, identified other cereal grains. In considering likely III. Aggregate Risk Assessment and by docket ID number EPA–HQ–OPP– residue levels on teff, EPA concludes Determination of Safety 2017–0591, by one of the following that because of the similarity in methods: Section 408(b)(2)(A)(i) of FFDCA application rates for pesticides • Federal eRulemaking Portal: http:// allows EPA to establish a tolerance (the containing cloquintocet-mexyl between www.regulations.gov. Follow the online legal limit for a pesticide chemical teff and wheat, the likely decline in instructions for submitting comments. residue in or on a food) only if EPA residue levels as teff moves through Do not submit electronically any determines that the tolerance is ‘‘safe.’’ commerce, and the similarities to other information you consider to be CBI or Section 408(b)(2)(A)(ii) of FFDCA small grains in terms of morphology, other information whose disclosure is defines ‘‘safe’’ to mean that ‘‘there is a taxonomy and cultural practices, restricted by statute. reasonable certainty that no harm will residue levels of cloquintocet-mexyl on • Mail: OPP Docket, Environmental result from aggregate exposure to the teff will be similar to residue levels on Protection Agency Docket Center (EPA/ pesticide chemical residue, including wheat. The lack of teff consumption DC), (28221T), 1200 Pennsylvania Ave. all anticipated dietary exposures and all data being reported in the available food NW, Washington, DC 20460–0001. other exposures for which there is consumption data indicates a very low • Hand Delivery: To make special reliable information.’’ This includes overall consumption of teff in the arrangements for hand delivery or exposure through drinking water and in United States. When teff is consumed in delivery of boxed information, please residential settings, but does not include the U.S., it is typically consumed in follow the instructions at http:// occupational exposure. Section place of wheat. Using these assumptions www.epa.gov/dockets/contacts.html. 408(b)(2)(C) of FFDCA requires EPA to regarding likely residue levels and Additional instructions on give special consideration to exposure consumption, EPA concludes that commenting or visiting the docket, of infants and children to the pesticide aggregate exposure and risk estimates along with more information about chemical residue in establishing a resulting from cloquintocet-mexyl dockets generally, is available at http:// tolerance and to ‘‘ensure that there is a residues in/on teff would not be www.epa.gov/dockets. reasonable certainty that no harm will substantially different than those II. Summary of Petitioned-for Tolerance result to infants and children from presented in the most recent human aggregate exposure to the pesticide health risk assessment and published in In the Federal Register of March 21, chemical residue. . . .’’ the August 2, 2016 final rule. As those 2018 (83 FR 12311) (FRL–9974–76), Consistent with FFDCA section risk estimates were not of concern to the EPA issued a document pursuant to 408(b)(2)(D), and the factors specified in Agency, EPA concludes that there is a FFDCA section 408(d)(3), 21 U.S.C. FFDCA section 408(b)(2)(D), EPA has reasonable certainty that no harm will 346a(d)(3), announcing the filing of a reviewed the available scientific data result to the general population, or to pesticide petition (PP IN–11030) by the and other relevant information in infants and children from aggregate Interregional Research Project No. 4 (IR– support of this action. EPA has exposure to cloquintocet-mexyl 4), Rutgers, The State University of New sufficient data to assess the hazards of residues. For a detailed discussion of Jersey, 500 College Road East, Suite 201 and to make a determination on the aggregate risk assessments and W, Princeton, NJ 08540. The petition aggregate exposure for cloquintocet- determination of safety for these requested that 40 CFR 180.560 be mexyl (acetic acid, [(5-chloro-8- tolerances, please refer to the August 2, amended by establishing tolerances for quinolinyl)oxy]-, 1-methylhexyl ester) 2016, Federal Register document and its residues of the cloquintocet-mexyl and its acid metabolite (5-chloro-8- supporting documents, available at (acetic acid, [(5-chloro-8- quinolinoxyacetic acid) in or on teff http://www.regulations.gov in docket ID quinolinyl)oxy]-, 1-methylhexyl ester) forage, grain, hay and straw, consistent number EPA–HQ–OPP–2012–0843. (CAS Reg. No. 99607–70–2) and its acid with FFDCA section 408(b)(2). Further information about EPA’s metabolite (5-chloro-8-quinlinoxyacetic In the Federal Register of August 2, determination that an updated risk acid), for use as an inert ingredient 2016 (81 FR 50630) (FRL–9947–78), assessment was not necessary may be (safener) in combination with the active EPA established tolerances for residues found in the document, ‘‘Cloquintocet- ingredients florasulam, fluroxypyr 1- of cloquintocet-mexyl and its acid mexyl-Human Health Risk Assessment methylhelptyl ester and pyroxsulam in metabolite (5-chloro-8- of Tolerances without a U.S. or on teff, forage at 0.2 ppm; teff, grain quinolinoxyacetic acid) when used in Registration for Use on Teff’’ in docket at 0.1 ppm; teff, hay at 0.5 ppm; and teff, pesticide formulations containing the ID number EPA–HQ–OPP–2016–0299. straw at 0.1 ppm parts per million active ingredient halauxifen-methyl, in For specific information on the (ppm). That document referenced a or on barley grain, barley hay, barley studies received and the nature of the summary of the petition prepared by the straw, and wheat forage, wheat grain, adverse effects caused by cloquintocet- Interregional Research Project No. 4 (IR– wheat hay, and wheat straw. EPA is mexyl as well as the no-observed- 4), the petitioner, which is available in relying upon the risk assessments that adverse-effect-level (NOAEL) and the the docket, http://www.regulations.gov. supported the findings made in the lowest-observed-adverse-effect-level There were no relevant comments August 2, 2016, Federal Register (LOAEL) from the toxicity studies, the received in response to the notice of document in support of this action. The reader is referred to the final rule filing. toxicity profile of cloquintocet-mexyl published in the Federal Register of

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December 16, 2005 (70 FR 74679) (FRL– VI. Statutory and Executive Order 67249, November 9, 2000) do not apply 7753–4); Docket ID number EPA–HQ– Reviews to this action. In addition, this action OPP–2005–0234. This action establishes tolerances does not impose any enforceable duty or contain any unfunded mandate as IV. Other Considerations under FFDCA section 408(d) in response to a petition submitted to the described under Title II of the Unfunded A. Analytical Enforcement Methodology Agency. The Office of Management and Mandates Reform Act (UMRA) (2 U.S.C. Budget (OMB) has exempted these types 1501 et seq.). Adequate enforcement methodology, of actions from review under Executive This action does not involve any chromatography with ultraviolet Order 12866, entitled ‘‘Regulatory technical standards that would require detection (HPLC–UV for cloquintocet- Planning and Review’’ (58 FR 51735, Agency consideration of voluntary mexyl and its acid metabolite, are October 4, 1993). Because this action consensus standards pursuant to section available to enforce the tolerance has been exempted from review under 12(d) of the National Technology expression. Executive Order 12866, this action is Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). The method may be requested from: not subject to Executive Order 13211, Chief, Analytical Chemistry Branch, entitled ‘‘Actions Concerning VII. Congressional Review Act Environmental Science Center, 701 Regulations That Significantly Affect Pursuant to the Congressional Review Mapes Rd., Ft. Meade, MD 20755–5350; Energy Supply, Distribution, or Use’’ (66 Act (5 U.S.C. 801 et seq.), EPA will telephone number: (410) 305–2905; FR 28355, May 22, 2001) or Executive submit a report containing this rule and email address: residuemethods@ Order 13045, entitled ‘‘Protection of other required information to the U.S. epa.gov. Children from Environmental Health Senate, the U.S. House of Risks and Safety Risks’’ (62 FR 19885, B. International Residue Limits Representatives, and the Comptroller April 23, 1997), nor is it a regulatory General of the United States prior to action under Executive Order 13771, In making its tolerance decisions, EPA publication of the rule in the Federal entitled ‘‘Reducing Regulations and seeks to harmonize U.S. tolerances with Register. This action is not a ‘‘major Controlling Regulatory Costs’’ ((82 FR international standards whenever rule’’ as defined by 5 U.S.C. 804(2). 9339, February 3, 2017). This action possible, consistent with U.S. food does not contain any information List of Subjects in 40 CFR Part 180 safety standards and agricultural collections subject to OMB approval Environmental protection, practices. EPA considers the under the Paperwork Reduction Act international maximum residue limits Administrative practice and procedure, (PRA) (44 U.S.C. 3501 et seq.), nor does Agricultural commodities, Pesticides (MRLs) established by the Codex it require any special considerations Alimentarius Commission (Codex), as and pests, Reporting and recordkeeping under Executive Order 12898, entitled requirements. required by FFDCA section 408(b)(4). ‘‘Federal Actions to Address The Codex Alimentarius is a joint Environmental Justice in Minority Dated: August 28, 2018. United Nations Food and Agriculture Populations and Low-Income Michael L. Goodis, Organization/World Health Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of Organization food standards program, 1994). Pesticide Programs. and it is recognized as an international Since tolerances and exemptions that Therefore, 40 CFR chapter I is food safety standards-setting are established on the basis of a petition amended as follows: organization in trade agreements to under FFDCA section 408(d), such as which the United States is a party. EPA the tolerance in this final rule, do not PART 180—[AMENDED] may establish a tolerance that is require the issuance of a proposed rule, ■ different from a Codex MRL; however, the requirements of the Regulatory 1. The authority citation for part 180 FFDCA section 408(b)(4) requires that Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows: EPA explain the reasons for departing seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371. from the Codex level. This action directly regulates growers, ■ 2. In § 180.560, revise the introductory The Codex has not established a MRL food processors, food handlers, and food text of paragraph (a) to read as follows: for cloquintocet-mexyl (acetic acid, [(5- retailers, not States or tribes, nor does this action alter the relationships or § 180.560 Cloquintocet-mexyl; tolerances chloro-8-quiniolinyl)oxy]-, 1- for residues. methylhexyl ester) and its acid distribution of power and metabolite (5-chloro-8-quinlinoxyacetic responsibilities established by Congress (a) General. Tolerances are in the preemption provisions of FFDCA acid) on teff. established for residues of the inert section 408(n)(4). As such, the Agency ingredient cloquintocet-mexyl, V. Conclusion has determined that this action will not including its metabolites and have a substantial direct effect on States degradates, in or on the commodities in Therefore, tolerances are established or tribal governments, on the the following table when used as a for residues of cloquintocet-mexyl relationship between the national safener in pesticide formulations (acetic acid, [(5-chloro-8- government and the States or tribal containing the active ingredients quiniolinyl)oxy]-, 1-methylhexyl ester) governments, or on the distribution of clodinafop-propargyl (wheat only), and its acid metabolite (5-chloro-8- power and responsibilities among the dicamba (wheat only), flucarbazone- quinlinoxyacetic acid), for use as an various levels of government or between sodium (wheat only), halauxifen-methyl inert ingredient (safener) when used in the Federal Government and Indian (wheat or barley), pinoxaden (wheat or formulations with the active ingredients tribes. Thus, the Agency has determined barley), pyroxsulam (wheat or teff), florasulam and fluroxypyr 1- that Executive Order 13132, entitled florasulam (teff), or fluroxypyr 1- methylhelptyl ester in or on teff, forage ‘‘Federalism’’ (64 FR 43255, August 10, methylheptyl ester (teff). Compliance at 0.2 ppm; teff, grain at 0.1 ppm; teff, 1999) and Executive Order 13175, with the tolerance levels specified is to hay at 0.5 ppm; and teff, straw at 0.1 entitled ‘‘Consultation and Coordination be determined by measuring the ppm. with Indian Tribal Governments’’ (65 FR combined residues of cloquintocet-

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mexyl, (acetic acid [(5-chloro-8- I. General Information • Federal eRulemaking Portal: http:// quinolinyl)oxy]-, 1-methylhexyl ester; www.regulations.gov. Follow the online A. Does this action apply to me? CAS Reg. No. 99607–70–2) and its acid instructions for submitting comments. metabolite (5-chloro-8- You may be potentially affected by Do not submit electronically any quinolinoxyacetic acid), expressed as this action if you are an agricultural information you consider to be CBI or cloquintocet-mexyl, in or on the producer, food manufacturer, or other information whose disclosure is following commodities: pesticide manufacturer. The following restricted by statute. • * * * * * list of North American Industrial Mail: OPP Docket, Environmental [FR Doc. 2018–19757 Filed 9–10–18; 8:45 am] Classification System (NAICS) codes is Protection Agency Docket Center (EPA/ BILLING CODE 6560–50–P not intended to be exhaustive, but rather DC), (28221T), 1200 Pennsylvania Ave. provides a guide to help readers NW, Washington, DC 20460–0001. determine whether this document • Hand Delivery: To make special ENVIRONMENTAL PROTECTION applies to them. arrangements for hand delivery or AGENCY Potentially affected entities may delivery of boxed information, please include: follow the instructions at http:// 40 CFR Part 180 • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html. Additional instructions on • Animal production (NAICS code commenting or visiting the docket, [EPA–HQ–OPP–2017–0505; FRL–9982–21] 112). along with more information about • Food manufacturing (NAICS code Spiromesifen; Pesticide Tolerances dockets generally, is available at http:// 311). www.epa.gov/dockets. AGENCY: Environmental Protection • Pesticide manufacturing (NAICS Agency (EPA). code 32532). II. Summary of Petitioned-For Tolerance ACTION: Final rule. B. How can I get electronic access to other related information? In the Federal Register of February SUMMARY: This regulation establishes a 27, 2018 (83 FR 8408) (FRL–9972–17), tolerance for residues of spiromesifen in You may access a frequently updated EPA issued a document pursuant to or on coffee. Bayer CropScience electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C. requested this tolerance under the regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a Federal Food, Drug, and Cosmetic Act the Government Printing Office’s e-CFR pesticide petition (PP 7E8584) by Bayer (FFDCA). site at http://www.ecfr.gov/cgi-bin/text- CropScience, 2 T.W. Alexander Drive, idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Research Triangle Park, NC 27709. The DATES: This regulation is effective _ September 11, 2018. Objections and 40tab 02.tpl. petition requested that 40 CFR part 180 requests for hearings must be received C. How can I file an objection or hearing be amended by establishing tolerances on or before November 13, 2018, and request? for residues of spiromesifen; 2-oxo-3- must be filed in accordance with the (2,4,6-trimethylphenyl)-1- Under FFDCA section 408(g), 21 instructions provided in 40 CFR part oxaspiro[4.4]non-3-en-4-yl 3,3- U.S.C. 346a, any person may file an 178 (see also Unit I.C. of the dimethylbutanoate, and its enol objection to any aspect of this regulation SUPPLEMENTARY INFORMATION). metabolite (4-hydroxy-3-(2,4,6- and may also request a hearing on those trimethylphenyl)-1-oxaspiro[4.4]non-3- ADDRESSES: The docket for this action, objections. You must file your objection identified by docket identification (ID) en-2-one calculated as the or request a hearing on this regulation stoichiometric equivalent of number EPA–HQ–OPP–2017–0505, is in accordance with the instructions available at http://www.regulations.gov spiromesifen in or on the raw provided in 40 CFR part 178. To ensure agricultural commodities: Coffee bean, or at the Office of Pesticide Programs proper receipt by EPA, you must Regulatory Public Docket (OPP Docket) green at 0.20 parts per million (ppm); identify docket ID number EPA–HQ– coffee, instant at 0.20 ppm; and coffee in the Environmental Protection Agency OPP–2017–0505 in the subject line on Docket Center (EPA/DC), West William bean, roasted at 0.20 ppm. That the first page of your submission. All document referenced a summary of the Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing Constitution Ave. NW, Washington, DC petition prepared by Bayer CropScience, must be in writing, and must be the registrant, which is available in the 20460–0001. The Public Reading Room received by the Hearing Clerk on or is open from 8:30 a.m. to 4:30 p.m., docket, http://www.regulations.gov. before November 13, 2018. Addresses Comments were received on the notice Monday through Friday, excluding legal for mail and hand delivery of objections holidays. The telephone number for the of filing. EPA’s response to these and hearing requests are provided in 40 comments is discussed in Unit IV.C. Public Reading Room is (202) 566–1744, CFR 178.25(b). and the telephone number for the OPP Based upon review of the data In addition to filing an objection or supporting the petition, EPA has Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk the visitor instructions and additional modified the commodities for which as described in 40 CFR part 178, please tolerances are being established. The information about the docket available submit a copy of the filing (excluding at http://www.epa.gov/dockets. reason for these changes is explained in any Confidential Business Information Unit IV.D. FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. Michael Goodis, Registration Division Information not marked confidential III. Aggregate Risk Assessment and (7505P), Office of Pesticide Programs, pursuant to 40 CFR part 2 may be Determination of Safety Environmental Protection Agency, 1200 disclosed publicly by EPA without prior Section 408(b)(2)(A)(i) of FFDCA Pennsylvania Ave. NW, Washington, DC notice. Submit the non-CBI copy of your allows EPA to establish a tolerance (the 20460–0001; main telephone number: objection or hearing request, identified legal limit for a pesticide chemical (703) 305–7090; email address: by docket ID number EPA–HQ–OPP– residue in or on a food) only if EPA [email protected]. 2017–0505, by one of the following determines that the tolerance is ‘‘safe.’’ SUPPLEMENTARY INFORMATION: methods: Section 408(b)(2)(A)(ii) of FFDCA

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defines ‘‘safe’’ to mean that ‘‘there is a for rats (atrophy, decreased spleen cell concern for mutagenicity or reasonable certainty that no harm will count, and increased macrophages), and genotoxicity. result from aggregate exposure to the the adrenal gland for mice Specific information on the studies pesticide chemical residue, including (discoloration, decrease in fine received and the nature of the adverse all anticipated dietary exposures and all vesiculation, and the presence of effects caused by spiromesifen as well other exposures for which there is cytoplasmic eosinophilia in zona as the no-observed-adverse-effect-level reliable information.’’ This includes fasciculata cells). For rats, additional (NOAEL) and the lowest-observed- exposure through drinking water and in effects included reduced body weights adverse-effect-level (LOAEL) from the residential settings, but does not include and clinical signs (piloerection, reduced toxicity studies can be found at http:// occupational exposure. Section motility, spastic gait, and increased www.regulations.gov in the document 408(b)(2)(C) of FFDCA requires EPA to reactivity when touched). titled, ‘‘Spiromesifen. Human Health give special consideration to exposure There were no adverse effects in rats Risk Assessment in Support of Proposed of infants and children to the pesticide following dermal exposure up to the Tolerance for Residues of in/on chemical residue in establishing a limit dose (1,000 milligrams/kilograms/ Imported Coffee’’ in docket ID number tolerance and to ‘‘ensure that there is a day (mg/kg/day)). Decreased spleen EPA–HQ–OPP–2017–0505. reasonable certainty that no harm will weights were also observed for rats in a B. Toxicological Points of Departure/ result to infants and children from 5-day inhalation toxicity study, along Levels of Concern aggregate exposure to the pesticide with gross pathological findings in the chemical residue . . . .’’ lung (dark red areas or foci) and clinical Once a pesticide’s toxicological Consistent with FFDCA section signs (e.g., tremors, clonic-tonic profile is determined, EPA identifies 408(b)(2)(D), and the factors specified in convulsions, reduced activity, toxicological points of departure (POD) FFDCA section 408(b)(2)(D), EPA has bradypnea, etc.). and levels of concern to use in reviewed the available scientific data evaluating the risk posed by human While the clinical signs observed in and other relevant information in exposure to the pesticide. For hazards rats following oral and inhalation support of this action. EPA has that have a threshold below which there exposures could indicate neurotoxicity, sufficient data to assess the hazards of is no appreciable risk, the toxicological there was no evidence of neurotoxicity and to make a determination on POD is used as the basis for derivation in the rest of the toxicological database, aggregate exposure for spiromesifen of reference values for risk assessment. including the acute neurotoxicity study including exposure resulting from the PODs are developed based on a careful up to the limit dose (2,000 milligrams/ tolerances established by this action. analysis of the doses in each kilograms (mg/kg)) and the subchronic EPA’s assessment of exposures and risks toxicological study to determine the neurotoxicity study; however, the doses associated with spiromesifen follows. dose at which the NOAEL and the tested in the subchronic neurotoxicity LOAEL are identified. Uncertainty/ A. Toxicological Profile study were lower than the doses causing safety factors are used in conjunction EPA has evaluated the available clinical signs in the 90-day dietary with the POD to calculate a safe toxicity data and considered its validity, study in rats. There was no evidence of exposure level—generally referred to as completeness, and reliability as well as immunotoxicity in an antibody plaque- a population-adjusted dose (PAD) or a the relationship of the results of the cell forming assay. reference dose (RfD)—and a safe margin studies to human risk. EPA has also There was no evidence of increased of exposure (MOE). For non-threshold considered available information pre- or post-natal susceptibility. In the risks, the Agency assumes that any concerning the variability of the developmental toxicity studies in rats amount of exposure will lead to some sensitivities of major identifiable and rabbits, maternal effects were degree of risk. Thus, the Agency subgroups of consumers, including observed in the absence of fetal effects. estimates risk in terms of the probability infants and children. In the rat two-generation reproductive of an occurrence of the adverse effect Following oral administration of toxicity study, the reported parental expected in a lifetime. For more spiromesifen, the target organs included effects, consisting of decreased spleen information on the general principles the thyroid gland for rats and dogs weights (relative and absolute) and a EPA uses in risk characterization and a (increased thyroid-stimulating hormone decreasing number of ovarian follicles, complete description of the risk (TSH), increased thyroxine binding occurred at a dose level that also caused assessment process, see http:// capacity, decreased triiodothyronine pup body weight decrements during www2.epa.gov/pesticide-science-and- (T3) and thyroxine (T4) levels, colloidal lactation. assessing-pesticide-risks/assessing- alteration, and thyroid follicular cell Spiromesifen is classified as ‘‘Not human-health-risk-pesticides. hypertrophy), the liver for rats and dogs likely to be Carcinogenic to Humans’’ A summary of the toxicological (increased alkaline phosphatase, alanine based on the absence of treatment- endpoints for spiromesifen used for transaminase (ALT), and decreased related tumors in two adequate rodent human risk assessment is shown in cholesterol and triglycerides), the spleen carcinogenicity studies. There was no Table 1 of this unit.

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

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

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

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

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

Chronic dietary (All populations) ...... NOAEL = 2.2 mg/kg/day Chronic RfD = 0.022 Two-Generation Reproduction Study—Rats UFA = 10x mg/kg/day. Parental LOAEL = 8.8 mg/kg bw/day based on UFH = 10x cPAD = 0.022 mg/kg/ significantly decreased spleen weight (absolute FQPA SF = 1x day and relative in parental females and F1 males) and significantly decreased growing ovarian follicles in females.

Oral short-term (1 to 30 days) and in- NOAEL = 2.2 mg/kg/day LOC for MOE = 100 ...... Two-Generation Reproduction Study—Rats termediate-term (1–6 months). UFA = 10x Parental LOAEL = 8.8 mg/kg bw/day based on UFH = 10x significantly decreased spleen weight (absolute FQPA SF = 1x and relative in parental females and F1 males) and significantly decreased growing ovarian follicles in females.

Inhalation short-term (1 to 30 days) Inhalation study NOAEC LOC for MOE = 30 5-Day Inhalation Toxicity Study—Rats LOAEC = and intermediate-term (1–6 months). = 0.0794 mg/L/day. 0.5143 mg/L/day based on clinical signs (trem- UFA = 3x ors, clonic-tonic convulsions, reduced activity, UFH = 10x bradypnea, labored breathing, vocalization, FQPA SF = 1x avoidance reaction, giddiness, piloerection, limp, emaciation, cyanosis, squatted posture, apathy and salivation), gross pathology (dark red areas or foci in the lungs and bloated stomachs and pale livers), and decreased spleen weights.

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

C. Exposure Assessment residues or tolerance-level residues pesticide-risks/about-water-exposure- 1. Dietary exposure from food and adjusted to account for the residue of models-used-pesticide. feed uses. In evaluating dietary concern. Based on the Provisional Cranberry exposure to spiromesifen, EPA iii. Cancer. Based on the data model and Pesticide Water Calculator— considered exposure under the summarized in Unit III.A., EPA has Groundwater (PWC–GW) model, the petitioned-for tolerances as well as all concluded that spiromesifen does not estimated drinking water concentrations existing spiromesifen tolerances in 40 pose a cancer risk to humans. Therefore, (EDWCs) of spiromesifen for chronic CFR 180.607. EPA assessed dietary a dietary exposure assessment for the exposures are estimated to be 188 parts exposures from spiromesifen in food as purpose of assessing cancer risk is per billion (ppb) for surface water and follows: unnecessary. 116 ppb for ground water. i. Acute exposure. Quantitative acute iv. Anticipated residue and PCT Modeled estimates of drinking water dietary exposure and risk assessments information. EPA did not use concentrations were directly entered are performed for a food-use pesticide, anticipated residue or PCT information into the dietary exposure model. For the if a toxicological study has indicated the in the dietary assessment for chronic dietary risk assessment, the possibility of an effect of concern spiromesifen. Tolerance level residues water concentration of value 188 ppb occurring as a result of a 1-day or single or tolerance-level residues adjusted to was used to assess the contribution to exposure. No such effects were account for the residue of concern and drinking water. identified in the toxicological studies 100 PCT were assumed for all food 3. From non-dietary exposure. The for spiromesifen; therefore, a commodities. term ‘‘residential exposure’’ is used in quantitative acute dietary exposure 2. Dietary exposure from drinking this document to refer to non- assessment is unnecessary. water. The Agency used screening level occupational, non-dietary exposure ii. Chronic exposure. In conducting water exposure models in the dietary (e.g., for lawn and garden pest control, the chronic dietary exposure assessment exposure analysis and risk assessment indoor pest control, termiticides, and EPA used the food consumption data for spiromesifen in drinking water. flea and tick control on pets). from the United States Department of These simulation models take into Spiromesifen is currently registered Agriculture (USDA) National Health and account data on the physical, chemical, for the following uses that could result Nutrition Examination Survey, What We and fate/transport characteristics of in residential exposures: Ornamentals. Eat in America (NHANES/WWEIA; spiromesifen. Further information EPA assessed residential exposure using 2003–2008). As to residue levels in regarding EPA drinking water models the following assumptions: Short-term food, the chronic (food and water) used in pesticide exposure assessment inhalation exposure to residential analysis assumed 100 percent crop can be found at http://www2.epa.gov/ handlers is expected. A dermal treated (PCT) and tolerance-level pesticide-science-and-assessing- assessment (handler and post-

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application) was not conducted since no data available to EPA support the choice 1. Acute risk. An acute aggregate risk hazard was identified via the dermal of a different factor. assessment takes into account acute route. Post-application inhalation 2. Prenatal and postnatal sensitivity. exposure estimates from dietary exposures were not assessed due to the There was no evidence of increased pre- consumption of food and drinking low vapor pressure and the expected or post-natal susceptibility. In the water. No adverse effect resulting from dilution in outdoor sites. Post- developmental toxicity studies in rats a single oral exposure was identified application incidental oral exposure is and rabbits, maternal effects were and no acute dietary endpoint was considered unlikely since the use is observed in the absence of fetal effects. selected. Therefore, spiromesifen is not restricted to ornamental plants (turf In the rat two-generation reproductive expected to pose an acute risk. treatment is not permitted). Therefore, toxicity study, the reported parental 2. Chronic risk. Using the exposure only short-term inhalation exposure to effects, consisting of decreased spleen assumptions described in this unit for handlers was assessed. Further weights (relative and absolute) and a chronic exposure, EPA has concluded information regarding EPA standard decreasing number of ovarian follicles, that chronic exposure to spiromesifen assumptions and generic inputs for occurred at a dose level that also caused from food and water will utilize 68% of residential exposures may be found at pup body weight decrements during the cPAD for children 1 to 2 years old, http://www2.epa.gov/pesticide-science- lactation. the population group receiving the and-assessing-pesticide-risks/standard- 3. Conclusion. EPA has determined greatest exposure. Based on the operating-procedures-residential- that reliable data show the safety of explanation in Unit III.C.3., regarding pesticide. infants and children would be residential use patterns, chronic 4. Cumulative effects from substances adequately protected if the FQPA SF residential exposure to residues of with a common mechanism of toxicity. were reduced to 1x. That decision is spiromesifen is not expected. 3. Short-term risk. Short-term Section 408(b)(2)(D)(v) of FFDCA based on the following findings: aggregate exposure takes into account requires that, when considering whether i. The toxicity database for short-term residential exposure plus to establish, modify, or revoke a spiromesifen is complete. chronic exposure to food and water tolerance, the Agency consider ii. There is no indication that (considered to be a background ‘‘available information’’ concerning the spiromesifen is a neurotoxic chemical exposure level). Spiromesifen is cumulative effects of a particular and there is no need for a currently registered for uses that could pesticide’s residues and ‘‘other developmental neurotoxicity study or result in short-term residential substances that have a common additional uncertainty factors (UFs) to exposure, and the Agency has mechanism of toxicity.’’ account for neurotoxicity. determined that it is appropriate to EPA has not found spiromesifen to iii. There is no evidence that aggregate chronic exposure through food share a common mechanism of toxicity spiromesifen results in increased and water with short-term residential with any other substances, and susceptibility in in utero rats or rabbits exposures to spiromesifen. spiromesifen does not appear to in the prenatal developmental studies or Because the level of concern (LOC) for produce a toxic metabolite produced by in young rats in the 2-generation inhalation (LOC for MOEs <30) and oral other substances. For the purposes of reproduction study. (LOC for MOEs <100) exposure differ, this tolerance action, therefore, EPA has iv. There are no residual uncertainties the aggregate assessment was calculated assumed that spiromesifen does not identified in the exposure databases. using the aggregate risk index (ARI) have a common mechanism of toxicity The dietary food exposure assessments approach. The ARI was devised as a with other substances. For information were performed based on 100 PCT and way to aggregate MOEs that have regarding EPA’s efforts to determine tolerance-level residues. EPA made dissimilar uncertainty factors. The ARI which chemicals have a common conservative (protective) assumptions in is an extension of the MOE concept and mechanism of toxicity and to evaluate the ground and surface water modeling as with the MOE, risk increases as the the cumulative effects of such used to assess exposure to spiromesifen ARI decreases. An ARI that is greater chemicals, see EPA’s website at http:// in drinking water. EPA used similarly than or equal to 1 is not of concern. www2.epa.gov/pesticide-science-and- conservative assumptions to assess post- Using the exposure assumptions assessing-pesticide-risks/cumulative- application exposure of children as well described in this unit for short-term assessment-risk-pesticides. as incidental oral exposure of toddlers. exposures, EPA has concluded the D. Safety Factor for Infants and These assessments will not combined short-term food, water, and Children underestimate the exposure and risks residential exposures result in an posed by spiromesifen. aggregate ARI of 1.87. Because EPA’s 1. In general. Section 408(b)(2)(C) of level of concern for spiromesifen is an FFDCA provides that EPA shall apply E. Aggregate Risks and Determination of Safety ARI of 1 or below, this ARI is not of an additional tenfold (10X) margin of concern. safety for infants and children in the EPA determines whether acute and 4. Intermediate-term risk. case of threshold effects to account for chronic dietary pesticide exposures are Intermediate-term aggregate exposure prenatal and postnatal toxicity and the safe by comparing aggregate exposure takes into account intermediate-term completeness of the database on toxicity estimates to the acute PAD (aPAD) and residential exposure plus chronic and exposure unless EPA determines chronic PAD (cPAD). For linear cancer exposure to food and water (considered based on reliable data that a different risks, EPA calculates the lifetime to be a background exposure level). margin of safety will be safe for infants probability of acquiring cancer given the An intermediate-term adverse effect and children. This additional margin of estimated aggregate exposure. Short-, was identified; however, spiromesifen is safety is commonly referred to as the intermediate-, and chronic-term risks not registered for any use patterns that Food Quality Protection Act Safety are evaluated by comparing the would result in intermediate-term Factor (FQPA SF). In applying this estimated aggregate food, water, and residential exposure. Intermediate-term provision, EPA either retains the default residential exposure to the appropriate risk is assessed based on intermediate- value of 10X, or uses a different PODs to ensure that an adequate MOE term residential exposure plus chronic additional safety factor when reliable exists. dietary exposure. Because there is no

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intermediate-term residential exposure since the maximum combined residues of actions from review under Executive and chronic dietary exposure has of spiromesifen and BSN 2060-enol in/ Order 12866, entitled ‘‘Regulatory already been assessed under the on coffee green bean from the field trials Planning and Review’’ (58 FR 51735, appropriately protective cPAD (which is was greater than 0.1 ppm, October 4, 1993). Because this action at least as protective as the POD used to harmonization with the Codex has been exempted from review under assess intermediate-term risk), no expression/value is not possible. Note Executive Order 12866, this action is further assessment of intermediate-term that BSN 2060-enol is included in the not subject to Executive Order 13211, risk is necessary, and EPA relies on the tolerance expression due to the entitled ‘‘Actions Concerning chronic dietary risk assessment for demonstrated degradation of parent to Regulations That Significantly Affect evaluating intermediate-term risk for BSN 2060-enol during storage. Energy Supply, Distribution, or Use’’ (66 spiromesifen. FR 28355, May 22, 2001) or Executive C. Response to Comments 5. Aggregate cancer risk for U.S. Order 13045, entitled ‘‘Protection of population. Based on the lack of Three comments were submitted to Children from Environmental Health evidence of carcinogenicity in two the docket for this action. Two Risks and Safety Risks’’ (62 FR 19885, adequate rodent carcinogenicity studies, comments, one about ‘‘China’s ongoing April 23, 1997), nor is it considered a spiromesifen is not expected to pose a economic war against the United States’’ regulatory action under Executive Order cancer risk to humans. and another about air and water 13771, entitled ‘‘Reducing Regulations 6. Determination of safety. Based on pollution in China relative to that of the and Controlling Regulatory Costs’’ (82 these risk assessments, EPA concludes United States, are not relevant to this FR 9339, February 3, 2017). This action that there is a reasonable certainty that action. The third comment stated in part does not contain any information no harm will result to the general that ‘‘the people drinking coffee should collections subject to OMB approval population, or to infants and children not have this toxic chemical as part of under the Paperwork Reduction Act from aggregate exposure to spiromesifen its drink.’’ (PRA) (44 U.S.C. 3501 et seq.), nor does residues. The Agency recognizes that some it require any special considerations individuals believe that pesticides under Executive Order 12898, entitled IV. Other Considerations should be banned on agricultural crops; ‘‘Federal Actions to Address A. Analytical Enforcement Methodology however, the existing legal framework Environmental Justice in Minority provided by section 408 of the FFDCA Populations and Low-Income Adequate enforcement methodology states that tolerances may be set when (liquid chromatography/mass Populations’’ (59 FR 7629, February 16, persons seeking such tolerances or 1994). spectrometry/mass spectrometry (LC/ exemptions have demonstrated that the MS/MS)) is available to enforce the Since tolerances and exemptions that pesticide meets the safety standard are established on the basis of a petition tolerance expression. imposed by that statute. This citizen’s The method may be requested from: under FFDCA section 408(d), such as comment appears to be directed at the the tolerance in this final rule, do not Chief, Analytical Chemistry Branch, underlying statute and not EPA’s Environmental Science Center, 701 require the issuance of a proposed rule, implementation of it; the citizen has the requirements of the Regulatory Mapes Rd., Ft. Meade, MD 20755–5350; made no contention that EPA has acted telephone number: (410) 305–2905; Flexibility Act (RFA) (5 U.S.C. 601 et in violation of the statutory framework seq.), do not apply. email address: residuemethods@ nor have they provided any specific This action directly regulates growers, epa.gov. information or allegation that would food processors, food handlers, and food support a finding that these tolerances B. International Residue Limits retailers, not States or tribes, nor does are unsafe. In making its tolerance decisions, EPA this action alter the relationships or seeks to harmonize U.S. tolerances with D. Revisions to Petitioned-For distribution of power and international standards whenever Tolerances responsibilities established by Congress possible, consistent with U.S. food The green coffee bean tolerance being in the preemption provisions of FFDCA safety standards and agricultural established is identical to that proposed section 408(n)(4). As such, the Agency practices. EPA considers the by the petitioner. EPA has determined has determined that this action will not international maximum residue limits that separate tolerances for the have a substantial direct effect on States (MRLs) established by the Codex processed commodities of roasted coffee or tribal governments, on the Alimentarius Commission (Codex), as bean and instant coffee are unnecessary relationship between the national required by FFDCA section 408(b)(4). because the processing data indicates government and the States or tribal The Codex Alimentarius is a joint that combined residues of spiromesifen governments, or on the distribution of United Nations Food and Agriculture and BSN 2060-enol do not concentrate power and responsibilities among the Organization/World Health in roasted or instant coffee. various levels of government or between Organization food standards program, the Federal Government and Indian and it is recognized as an international V. Conclusion tribes. Thus, the Agency has determined food safety standards-setting Therefore, a tolerance is established that Executive Order 13132, entitled organization in trade agreements to for residues of spiromesifen, including ‘‘Federalism’’ (64 FR 43255, August 10, which the United States is a party. EPA its metabolites and degradates, in or on 1999) and Executive Order 13175, may establish a tolerance that is coffee, green bean at 0.20 ppm. entitled ‘‘Consultation and Coordination different from a Codex MRL; however, with Indian Tribal Governments’’ (65 FR FFDCA section 408(b)(4) requires that VI. Statutory and Executive Order 67249, November 9, 2000) do not apply EPA explain the reasons for departing Reviews to this action. In addition, this action from the Codex level. This action establishes tolerances does not impose any enforceable duty or Codex has a MRL for residues of only under FFDCA section 408(d) in contain any unfunded mandate as spiromesifen in/on coffee beans of 0.05 response to a petition submitted to the described under Title II of the Unfunded ppm. Since the residue expression for Agency. The Office of Management and Mandates Reform Act (UMRA) (2 U.S.C. the U.S. and Codex tolerances differ and Budget (OMB) has exempted these types 1501 et seq.).

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This action does not involve any DEPARTMENT OF COMMERCE on the high seas between the latitudes technical standards that would require of 20° N and 20° S in the Convention Agency consideration of voluntary National Oceanic and Atmospheric Area in calendar year 2018 (see final consensus standards pursuant to section Administration rule at 83 FR 33851, published July 18, 12(d) of the National Technology 2018, codified at 50 CFR 300.223). A Transfer and Advancement Act 50 CFR Part 300 fishing day means any day in which a (NTTAA) (15 U.S.C. 272 note). [Docket No. 180209155–8589–02] fishing vessel of the United States equipped with purse seine gear searches VII. Congressional Review Act RIN 0648–XG458 for fish, deploys a fish aggregating device (FAD), services a FAD, or sets a Pursuant to the Congressional Review International Fisheries; Western and purse seine, with the exception of Act (5 U.S.C. 801 et seq.), EPA will Central Pacific Fisheries for Highly setting a purse seine solely for the submit a report containing this rule and Migratory Species; Closure of Purse purpose of testing or cleaning the gear other required information to the U.S. Seine Fishery on the High Seas in 2018 and resulting in no catch (see definition Senate, the U.S. House of AGENCY: National Marine Fisheries at 50 CFR 300.211). Representatives, and the Comptroller Service (NMFS), National Oceanic and Based on data submitted in logbooks General of the United States prior to Atmospheric Administration (NOAA), and other available information, NMFS publication of the rule in the Federal Commerce. expects that the 2018 limit of 1,370 fishing days will be reached, and in Register. This action is not a ‘‘major ACTION: Temporary rule; fishery closure. rule’’ as defined by 5 U.S.C. 804(2). accordance with the procedures SUMMARY: NMFS announces that the established at 50 CFR 300.223(a), List of Subjects in 40 CFR Part 180 U.S. purse seine fishery on the high seas announces that the purse seine fishery on the high seas between the latitudes Environmental protection, in the area of application of the of 20° N and 20° S in the Convention Administrative practice and procedure, Convention on the Conservation and Management of Highly Migratory Fish Area will be closed starting at 00:00 on Agricultural commodities, Pesticides September 18, 2018 UTC, and will and pests, Reporting and recordkeeping Stocks in the Western and Central Pacific Ocean (Convention) between the remain closed until 24:00 on December requirements. latitudes of 20° N and 20° S will close 31, 2018 UTC. Accordingly, it shall be Dated: August 28, 2018. as a result of reaching the 2018 limit on prohibited for any fishing vessel of the United States equipped with purse seine Michael Goodis, purse seine fishing effort in that area. This action is necessary for the United gear to be used for fishing on the high Director, Registration Division, Office of ° States to implement provisions of a seas between the latitudes of 20 N and Pesticide Programs. ° conservation and management measure 20 S in the Convention Area from 00:00 Therefore, 40 CFR chapter I is adopted by the Commission for the on September 18, 2018 UTC until 24:00 amended as follows: Conservation and Management of December 31, 2018 UTC, except that Highly Migratory Fish Stocks in the such vessels will not be prohibited from bunkering in that area during that PART 180—[AMENDED] Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy period (50 CFR 300.223(a)). Fishing means using any vessel, vehicle, aircraft ■ the obligations of the United States 1. The authority citation for part 180 or hovercraft for any of the following continues to read as follows: under the Convention, to which it is a Contracting Party. activities, or attempting to do so: (1) Searching for, catching, taking, or Authority: 21 U.S.C. 321(q), 346a and 371. DATES: Effective 00:00 on September 18, harvesting fish; (2) engaging in any 2018 coordinated universal time (UTC), ■ 2. In § 180.607, add alphabetically the other activity which can reasonably be until 24:00 on December 31, 2018 UTC. commodity ‘‘coffee, green bean’’ and expected to result in the locating, FOR FURTHER INFORMATION CONTACT: footnote 1 to the table in paragraph Rini catching, taking, or harvesting of fish for Ghosh, NMFS Pacific Islands Regional (a)(1) to read as follows: any purpose; (3) placing, searching for, Office, 808–725–5033. or recovering fish aggregating devices or § 180.607 Spiromesifen; tolerances for SUPPLEMENTARY INFORMATION: associated electronic equipment such as residues. U.S. purse seine fishing in the area of radio beacons; (4) engaging in any application of the Convention, or operations at sea directly in support of, (a) * * * Convention Area, is managed, in part, or in preparation for, any of the (1) * * * under the Western and Central Pacific activities previously described in Fisheries Convention Implementation elements (1) through (3) of this Commodity Parts per Act (16 U.S.C. 6901 et seq.). Regulations definition, including, but not limited to, million implementing the Act are at 50 CFR part bunkering; or (5) engaging in 300, subpart O. On behalf of the transshipment at sea, either unloading Secretary of Commerce, NMFS or loading fish (see definition at 50 CFR ***** promulgates regulations under the Act 300.211). As noted above, bunkering Coffee, green bean 1 ...... 0.20 as may be necessary to carry out the will not be prohibited in the closure obligations of the United States under ***** area during the closure period. This rule the Convention, including does not prohibit lawful fishing with 1 This use has not been registered in the implementation of the decisions of the purse seine gear within the U.S. United States as of August 28, 2018. Commission. Exclusive Economic Zone within the Pursuant to WCPFC Conservation and * * * * * Convention Area. Management Measure 2017–01, NMFS [FR Doc. 2018–19760 Filed 9–10–18; 8:45 am] issued regulations that established a Classification BILLING CODE 6560–50–P limit of 1,370 fishing days that may be There is good cause under 5 U.S.C. used by U.S. purse seine fishing vessels 553(b)(B) to waive prior notice and

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opportunity for public comment on this action is necessary for the United States This action is required by 50 CFR action. Compliance with the notice and to comply with its obligations under the 300.223(a) and is exempt from review comment requirement would be Convention and is important for the under Executive Order 12866. impracticable and contrary to the public conservation and management of bigeye Authority: 16 U.S.C. 6901 et seq. interest, since NMFS would be unable tuna, yellowfin tuna, and skipjack tuna to ensure that the 2018 limit on purse in the western and central Pacific Dated: September 6, 2018. seine fishing effort on the high seas Ocean. For the same reasons, there is Margo Schulze-Haugen, ° ° between the latitudes of 20 N and 20 good cause under 5 U.S.C. 553(d)(3) to Acting Director, Office of Sustainable S in the Convention Area is not establish an effective date less than 30 Fisheries, National Marine Fisheries Service. exceeded. This action is based on the days after the date of publication of this [FR Doc. 2018–19710 Filed 9–10–18; 8:45 am] best available information on U.S. purse notice. BILLING CODE 3510–22–P seine fishing effort in the limit area. The

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Proposed Rules Federal Register Vol. 83, No. 176

Tuesday, September 11, 2018

This section of the FEDERAL REGISTER it is not necessary to include printed provisions of 42 U.S.C. 6295(o) or 42 contains notices to the public of the proposed copies. U.S.C. 6316, as applicable. In publishing issuance of rules and regulations. The Hand Delivery/Courier: Appliance the petition in its entirety for public purpose of these notices is to give interested and Equipment Standards Program, U.S. comment, DOE is seeking views on persons an opportunity to participate in the Department of Energy, Building whether to proceed with the petition as rule making prior to the adoption of the final Technologies Office, 950 L’Enfant Plaza 1 rules. suggested by the Joint Stakeholders. SW, Suite 600, Washington, DC 20024. DOE is also interested in the views of Telephone: (202) 287–1445. If possible, parties that were not part of the Joint DEPARTMENT OF ENERGY please submit all items on a CD, in Stakeholder group to aid in determining which case it is not necessary to include if the Joint Stakeholders constitute a 10 CFR Part 431 printed copies. group of interested persons that are Docket: For access to the docket to [EERE–2017–BT–STD–0048] fairly representative of relevant points read background documents, or of view. comments received, go to the Federal Energy Conservation Program: Energy If DOE determines to issue the direct eRulemaking Portal at http:// Conservation Standards for Dedicated- final rule for DPPPs, the agency must www.regulations.gov. All documents in Purpose Pool Pump Motors, Notice of simultaneously publish a notice of the docket are listed in the http:// Request for Direct Final Rule proposed rulemaking (NOPR) that www.regulations.gov index. However, proposes an identical energy AGENCY: Office of Energy Efficiency and some documents listed in the index, conservation standard and provides for Renewable Energy, Department of such as those containing information a public comment period of at least 110 Energy (DOE). that is exempt from public disclosure, days. 42 U.S.C. 6295(p)(4). Not later ACTION: Notice of joint stakeholder may not be publicly available. The than 120 days after issuance of the proposal for direct final rule, and docket web page can be found https:// direct final rule, if DOE receives one or request for comments. www.regulations.gov/docket?D=EERE- more adverse comments or an 2017-BT-STD-0048. The docket web alternative joint recommendation SUMMARY: On August 14, 2018, the page will contain simple instruction on relating to the direct final rule, the Department of Energy (DOE) received a how to access all documents, including Secretary must determine whether the petition submitted by a variety of public comments, in the docket. comments or alternative entities (collectively, the Joint FOR FURTHER INFORMATION CONTACT: recommendation may provide a Stakeholders or the Petitioners) asking Jeremy Dommu, U.S. Department of reasonable basis for withdrawal under DOE to issue a direct final rule for Energy, Building Technologies Office, 42 U.S.C. 6295(o) or other applicable energy conservation standards for EE–5B, 1000 Independence Avenue SW, law. If the Secretary makes such a dedicated-purpose pool pump (DPPP) Washington, DC, 20585, (202) 586–9870. determination, DOE must withdraw the motors. Through this notification, DOE Email: ApplianceStandardsQuestions@ direct final rule and proceed with the seeks comment on whether to proceed ee.doe.gov. simultaneously published NOPR. DOE with the proposal, as well as any data Mary Greene, U.S. Department of must publish in the Federal Register the or information that could be used in Energy, Office of the General Counsel, reasons why the direct final rule was DOE’s determination whether to issue a 1000 Independence Avenue SW, withdrawn. direct final rule. Washington, DC 20585, Email: By seeking comment on whether to DATES: Written comments and [email protected]; (202) 586– issue a direct final rule in accordance information are requested on or before 1817 with the Joint Stakeholders’ petition, October 26, 2018. SUPPLEMENTARY INFORMATION: As DOE takes no position at this time ADDRESSES: Interested persons are amended by the Energy Efficiency regarding whether the submitted encouraged to submit comments, Improvement Act of 2015, Public Law petition satisfies EPCA’s requirement identified by ‘‘Dedicated-Purpose Pool 114–11 (April 30, 2015), the Energy that such a statement must be submitted Pump Proposal’’ and Docket number Policy and Conservation Act (EPCA or, by interested persons that are fairly ‘‘EERE–2017–BT–STD–0048’’, by any of in context, the Act), Public Law 94–163 representative of relevant points of view the following methods: (42 U.S.C. 6291–6309, as codified), and that the proposal must be in Federal eRulemaking Portal: http:// authorizes DOE to issue a direct final compliance with the provisions of 42 www.regulations.gov. Follow the rule establishing an energy conservation instructions for submitting comments. standard for a product on receipt of a 1 The Joint Stakeholders include: Association of Pool & Spa Professionals, Alliance to Save Energy, Email: DPPMotors2017STD0048@ statement submitted jointly by American Council for an Energy Efficient Economy, ee.doe.gov. Include the docket number interested persons that are fairly Appliance Standards Awareness Project, Arizona ‘‘EERE–2017–BT–STD–0048’’ in the representative of relevant points of view Public Service, California Energy Commission, subject line of the message. (including representatives of California Investor Owned Utilities, Consumer Federation of America, Florida Consumer Action Mail: Appliance and Equipment manufacturers of covered products, Network, Hayward Industries, National Electrical Standards Program, U.S. Department of States, and efficiency advocates) as Manufacturers Association, Natural Resources Energy, Building Technologies Office, determined by the Secretary of Energy Defense Council, Nidec Motor Corporation, Mailstop EE–5B, 1000 Independence (Secretary). That statement must contain Northwest Power and Conservation Council, Pentair Water Pool and Spa, Regal Beloit Corporation, Avenue SW, Washington, DC 20585– recommendations with respect to an Speck Pumps, Texas ROSE (Ratepayers’ 0121. If possible, please submit all items energy or water conservation standard Organization to Save Energy), Waterway Plastics, on a compact disc (CD), in which case that are in accordance with the WEG, Zodiac Pool Systems.

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U.S.C. 6295(o) or 42 U.S.C. 6316, as website will waive any CBI claims for One copy of the document marked applicable. Further, DOE takes no the information submitted. For confidential including all the position at this time regarding the information on submitting CBI, see the information believed to be confidential, merits of the petition itself. Confidential Business Information and one copy of the document marked DOE notes that the Administrative section. non-confidential with the information Procedure Act (APA), 5 U.S.C. 551 et DOE processes submissions made believed to be confidential deleted. seq., provides among other things, that through http://www.regulations.gov Submit these documents via email or on ‘[e]ach agency shall give an interested before posting. Normally, comments a CD, if feasible. DOE will make its own person the right to petition for the will be posted within a few days of determination about the confidential issuance, amendment or repeal of a being submitted. However, if large status of the information and treat it rule.’’ (5 U.S.C. 553(e)). DOE requests volumes of comments are being comment on whether it should consider processed simultaneously, your according to its determination. the petition from the Joint Stakeholders comment may not be viewable for up to Factors of interest to DOE when under this authority should it determine several weeks. Please keep the comment evaluating requests to treat submitted it cannot proceed with consideration of tracking number that http:// information as confidential include (1) a the proposal under the direct final rule www.regulations.gov provides after you description of the items, (2) whether authority. Again, while seeking have successfully uploaded your and why such items are customarily comment on this issue, DOE takes no comment. treated as confidential within the position at this time regarding the Submitting comments via hand industry, (3) whether the information is merits of the petition itself. delivery, or mail. Comments and generally known by or available from documents via hand delivery or mail Submission of Comments other sources, (4) whether the will also be posted to http:// information has previously been made DOE invites all interested parties to www.regulations.gov. If you do not want available to others without obligation submit in writing by October 26, 2018 your personal contact information to be concerning its confidentiality, (5) an comments and information regarding publicly viewable, do not include it in this proposal. your comment or any accompanying explanation of the competitive injury to Submitting comments via http:// documents. Instead, provide your the submitting person which would www.regulations.gov. The http:// contact information on a cover letter. result from public disclosure, (6) when www.regulations.gov web page will Include your first and last names, email such information might lost its require you to provide your name and address, telephone number, and confidential character due to the contact information prior to submitting optional mailing address. The cover passage of time, and (7) why disclosure comments. Your contact information letter will not be publicly viewable as of the information would be contrary to will be viewable to DOE Building long as it does not include any the public interest. Technologies staff only. Your contact comments. 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DOE considers public participation to cannot read your comment due to Comments, data, and other be a very important part of its process technical difficulties and cannot contact information submitted electronically for considering rulemaking petitions. you for clarification, DOE may not be should be provided in PDF (preferred), DOE actively encourages the able to consider your comment. Microsoft Word or Excel, WordPerfect, participation and interaction of the However, your contact information or text (ASCII) file format. Provide public during the comment period. will be publicly viewable if you include documents that are not secured, written Interactions with and between members it in the comment or in any documents in English and free of any defects or of the public provide a balanced attached to your comment. Any viruses. 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Please submit future notifications and information first and last names, organization campaign form letters by the originating about this petition should contact names, correspondence containing organization in batches of between 50 to Appliance and Equipment Standards comments, and any documents 500 form letters per PDF or as one form Program staff at (202) 287–1445 or via submitted with the comments. letter with a list of supporters’ names email at Do not submit to http:// compiled into one or more PDFs. This ApplianceStandardsQuestions@ www.regulations.gov information for reduces comment processing and ee.doe.gov. which disclosure is restricted by statute, posting time. Approval of the Office of the Secretary such as trade secrets and commercial or Confidential Business Information. financial information (hereinafter According to 10 CFR 1004.11, any The Secretary of Energy has approved referred to as Confidential Business person submitting information that he publication of this notification of Information (CBI)). Comments or she believes to be confidential and petition for rulemaking. submitted through http:// exempt by law from public disclosure www.regulations.gov cannot be claimed should submit via email, postal mail, or as CBI. Comments received through the hand delivery two well-marked copies:

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Signed in Washington, DC on August 31, system at a low flow rate. Variable-speed the performance of their pump. But in fact, 2018. pumps can reduce energy use by about 70% if an existing variable-speed motor is Kathleen B. Hogan, relative to single-speed pumps by being able replaced with a single-speed motor, the Deputy Assistant Secretary for Energy to operate at a lower speed for the hours consumer will lose all the energy savings and Efficiency, Energy Efficiency and Renewable during which the pump is circulating water other benefits (including the quieter Energy. for filtration. In addition to saving energy, operation) of their variable-speed pump. operating the pump at a lower speed reduces When looking to replace a pool pump motor, Joint Statement of Joint Stakeholder noise levels, improves filtration effectiveness, a consumer with a variable-speed pool pump Proposal for Energy Conservation and can extend the life of other pool that meets the DPPP standards may therefore Standards for Dedicated-Purpose Pool equipment. unknowingly end up with a single-speed Pump Motors The DPPP standards will provide very replacement motor that would immediately large savings for consumers. There are more increase their electricity bills by hundreds of Docket No. EERE–2017–BT–STD–0048 than 8 million pools in the U.S.1 DOE dollars each year and not provide the August 14, 2018 estimated average life-cycle cost savings for additional benefits of variable-speed owners of in-ground pools of $2,140 with a technology. Association of Pool & Spa Professionals 2 simple payback of less than 1 year. The For manufacturers, a disruption in the Alliance to Save Energy American Council average annual operating cost savings are market would lead to lower sales of regulated 3 for an Energy-Efficient Economy about $550. However, the DPPP standards DPPPs and increased sales of unregulated, do not address replacement motors, which inefficient replacement motors. While most Appliance Standards Awareness Project presents a significant loophole that seriously pool pumps are manufactured domestically, Arizona Public Service threatens both the consumer savings from the most of the motors for pool pumps are standards and the investments that manufactured in China. Two of the major California Energy Commission manufacturers are making to comply with the pool pump manufacturers have more than standards. If the replacement motor loophole California Investor Owned Utilities 1,400 pool equipment manufacturing jobs in is not addressed, there will be a disruption North Carolina alone. Increased sales of Consumer Federation of America in the market between regulated pump/motor inefficient, imported replacement motors combinations (DPPPs) and unregulated Florida Consumer Action Network replacement motors. This would result in would seriously undercut domestic manufacturers’ investments in meeting the Hayward Industries significant negative impacts for both consumers and domestic manufacturers. DPPP standards, putting American National Electrical Manufacturers The motor on a pool pump will often fail manufacturing jobs at risk. Association before the pump itself needs to be replaced, Furthermore, if DOE does not address the replacement motor loophole, individual Natural Resources Defense Council and motor-only replacements are common. Without a complementary standard for DPPP states may step in with their own standards. Nidec Motor Corporation motors, when replacing a pool pump motor, Currently, there are multiple state standards for pool pumps and motors. State standards Northwest Power and Conservation Council consumers will continue to be sold inefficient, wasteful products. Today, even are significantly more burdensome for Pentair Water Pool and Spa though variable-speed motors provide manufacturers than a single national Regal Beloit Corporation substantial savings to consumers as well as standard because they may and do result in other benefits, significant market barriers different requirements in different states and Speck Pumps prevent most consumers from realizing these require manufacturers to set up specific Texas ROSE (Ratepayers’ Organization to benefits. When a motor on a pool pump fails, distribution channels to ensure that they do Save Energy) the consumer’s priority must be to get the not sell noncompliant products in those motor (or pump and motor) replaced as soon states. As of July 19, 2021, the current state Waterway Plastics as possible in order to maintain sanitary and standards for pool pumps will be replaced WEG safe pool conditions. This means that when with a single national standard. But if DOE faced with a purchase decision, consumers does not establish complementary standards Zodiac Pool Systems have very little time to research their options. for DPPP motors, manufacturers will In many cases, service installers may install I. Introduction and Overview continue to be faced with a patchwork of a replacement motor without providing any state standards. A single national standard In January 2017, the U.S. Department of options to the consumer. Despite significant for DPPP motors is strongly preferred to Energy (‘‘DOE’’) established the first national educational efforts on the part of pool pump reduce burdens on manufacturers, ensure a energy-efficiency standards for dedicated- manufacturers, service installers are often level playing field across state lines, and purpose pool pumps (‘‘DPPPs’’) through the uninformed about variable-speed technology. ensure that all consumers are protected from adoption of a direct final rule (‘‘DFR’’). DOE In addition, the priority of service installers inefficient, wasteful products, regardless of confirmed the adoption of the standards and is generally to make a sale, not to provide the where they live. the effective date and compliance date in a best option for the consumer. This is the case In comments on the 2017 DFR, multiple notice published in May 2017. The today even though service installers could stakeholders urged DOE to consider compliance date of the new standards is July make additional profit by selling variable- complementary standards for pool pump 19, 2021. The DPPP standards were speed pumps and motors. motors. In the confirmation of effective date negotiated by an Appliance Standards and The consequences of a lack of and compliance date for the DFR, DOE Rulemaking Federal Advisory Committee understanding of variable-speed technology stated: ‘‘DOE plans to hold a public meeting (ASRAC) working group consisting of will become particularly significant once the in the near future with the interested parties representatives of pool pump and motor DPPP standards take effect in 2021. Most manufacturers, state government, utilities, to gather data and information that could consumers do not understand that the lead to the consideration of energy and efficiency advocates. For most in-ground substantial savings from a variable-speed pools, the standard levels reflect variable- conservation standards for replacement pool pump come from the motor. Consumers will 4 speed technology. Pumps for small in-ground pump motors.’’ DOE subsequently held a likely assume that replacing the motor on a public meeting on August 10, 2017, where pools, pumps for above-ground pools, and variable-speed pump will have no effect on pressure cleaner booster pumps can continue DOE presented potential scope, definitions, and metrics for DPPP motors. DOE also noted to be single-speed. 1 http://www.apsp.org/Portals/0/ For a small number of hours a day, pool in the presentation materials from the 2016%20Website%20Changes/2015%20Industry meeting that if DOE were to ‘‘receive a pumps need to operate at a high speed to %20Stats/2015%20Industry%20Stats.pdf. consensus agreement there could be provide a high flow rate for mixing/cleaning, 2 82 Fed. Reg. 5652 (January 18, 2017). Results for but most of the time they just need to standard-size self-priming pool filter pumps. circulate the pool water through the filtration 3 82 Fed. Reg. 5715. 4 82 Fed. Reg. 24220 (May 26, 2017).

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deviations from the typical process to more than 1.2 million customers across the efficient products and systems. Our expedite’’ the rulemaking.5 state. combined industries account for 360,000 After the August 2017 public meeting, The California Energy Commission (CEC) is American jobs in more than 7,000 facilities representatives from pool pump and motor the primary energy policy and planning covering every state. Our industry produces manufacturers, state government, utilities, agency of the State of California. The CEC $106 billion shipments of electrical and efficiency advocates (the ‘‘Joint regularly participates in coalition efforts and equipment and medical imaging technologies Stakeholders’’) formed a technical working federal efficiency rulemakings to seek more per year with $36 billion exports. group to negotiate recommended standards stringent energy conservation regulations The Natural Resources Defense Council for DPPP motors. Appendix A to this Joint from DOE that will apply to California’s (NRDC) is a national environmental advocacy Statement includes the Joint Stakeholders’ regulated appliances, where DOE’s authority organization with over 1.3 million members recommendations. to adopt new efficiency standards preempts and online activists. NRDC has spent decades The Joint Stakeholders request that DOE states from issuing their own without prior working to build and improve DOE’s federal adopt our recommendations with a DFR rule DOE approval or waiver. The CEC currently appliance standards programs because of the using the Department’s authority over has efficiency standards for pool pump and important energy, environmental, consumer, ‘‘electric motors’’ and to align the compliance motor combinations, and has proposed to and reliability benefits of appliance date for DPPP motors with the DPPP establish efficiency standards for efficiency standards. NRDC participated in compliance date of July 19, 2021. In order to replacement pool pump motors should the enactment of the first federal legislation protect consumers, ensure that the significant national standards not be forthcoming. establishing efficiency standards, and has investments that domestic manufacturers are The California Investor Owned Utilities been active in all significant rulemakings making to comply with the DPPP standards (CA IOUs), consisting of Pacific Gas and since then. are not undercut, and avoid a continuation of Electric Company (PG&E), San Diego Gas and Nidec Motor Corporation is a leading state standards, there must be no delay in the Electric (SDG&E), and Southern California manufacturer of commercial, industrial, and July 19, 2021 DPPP compliance date. Edison (SCE), represent some of the largest appliance motors and controls. The NMC utility companies in the Western United product line features a full line of high II. Identity of the Joint Stakeholders States, serving over 32 million customers. efficiency motors, large and small, which The Association of Pool & Spa The CA IOUs have been involved with pool serve industrial, residential, and commercial Professionals (APSP) represents over 3100 energy efficiency for over 15 years. During markets in applications ranging from company members. APSP is the world’s that time, the CA IOUs have developed and agriculture, water treatment, mining, oil and oldest and largest association representing implemented various pool efficiency rebate gas, and power generation to pool and spa swimming pool, hot tub, and spa programs, and in 2004, proposed and motors, air conditioning condensers, rooftop manufacturers, distributors, manufacturers’ supported the adoption of the first in the cooling towers, and commercial refrigeration. agents, designers, builders, installers, nation appliance standards for pool pump It also makes motors, controls, and switches suppliers, retailers, and service professionals. motors in California. These standards for automotive and commercial markets. Dedicated to the growth and development of included a test and list requirement for pool The Northwest Power and Conservation its members’ businesses and to promoting the pumps to enable the reporting of Energy Council is an interstate compact authorized enjoyment and safety of pools and spas, Factor, a metric developed by the CA IOUs by Congress in the Northwest Power Act of APSP offers a range of services, from that is now used by the ENERGY STAR 1980 (P.L.96–501) to ensure that the region professional development to advancing key program. has an adequate, efficient, economical, and legislation and regulation at the federal and The Consumer Federation of America reliable power supply system. The members local levels, to consumer outreach and public (CFA) is an association of more than 250 of the Council are appointed by the safety. APSP is the only industry nonprofit consumer organizations that was Governors of the four Northwest states of organization recognized by the American established in 1968 to advance the consumer Idaho, Montana, Oregon and Washington. National Standards Institute to develop and interest through research, advocacy, and Pentair is a leading manufacturer of smart, promote national standards for pools, hot education. For decades, CFA has advocated sustainable water solutions for homes, tubs, and spas. for cost-effective energy efficiency standards business and industry around the world. Our The Alliance to Save Energy is a non-profit, that benefit consumers through lower energy industry leading and proven portfolio of bipartisan coalition of business, government, bills. solutions enables people, business and environmental, and consumer-interest The Florida Consumer Action Network industry to access clean, safe water, reduce leaders that advocates for enhanced U.S. (FCAN) is a non-profit that advocates on water consumption, and recover and reuse it. energy productivity to achieve economic issues including energy efficiency, utilities, Whether it’s improving, moving or helping growth; a cleaner environment; and greater environment, health care, and insurance. people enjoy water, we help manage the energy security, affordability, and reliability. FCAN is affiliated with the Consumer world’s most precious resource. A strategic The American Council for an Energy- Federation of America and Fair Share. FCAN business of Pentair, Pentair Aquatics Systems Efficient Economy (ACEEE) acts as a catalyst stands for an America where everyone gets is based in Cary, N.C., and is one of the to advance energy efficiency policies, their fair share, does their fair share, and world’s leading providers of premium programs, technologies, investments, and pays their fair share; and where everyone pumps, filters, heaters, controls, cleaners, behaviors. We believe that the United States plays by the same rules. lighting systems, water features, and can harness the full potential of energy Hayward Industries, Inc. is a leading global maintenance products for swimming pools efficiency to achieve greater economic manufacturer of residential and commercial and spas. prosperity, energy security, and pool equipment and industrial flow control Regal is a manufacturing company with environmental protection for all its people. products. Headquartered in Elizabeth, New over 5,770 employees in the USA. Regal is a The Appliance Standards Awareness Jersey with over 1,500 US-based employees, leading manufacturer of electric motors, Project (ASAP) is a coalition that includes Hayward designs, manufactures, distributes, electrical motion controls, power generation representatives of efficiency, consumer and and markets a complete line of residential and transmission products with sales of over environmental groups, utility companies, pool equipment including pumps, filters, $3.4B in 2017. Regal is a technology leader state government agencies, and others. heaters, automatic cleaners, sanitizers, in high-efficiency products. Working together, the ASAP coalition seeks automation, and lights. Hayward is a strong Speck Pumps is a leading international to advance cost-effective efficiency standards advocate of energy saving products as manufacturer of high-quality pumps for at the national and state levels through witnessed by its growing portfolio of energy commercial and industrial applications. technical and policy advocacy and through efficient equipment, including a broad range Texas ROSE (Texas Ratepayers’ outreach and education. of ENERGY STAR® approved variable speed Organization to Save Energy) is a non-profit Arizona Public Service is Arizona’s largest pumps. organization dedicated to helping Texans’ get and longest-serving electric company, serving The National Electrical Manufacturers affordable electricity and a healthy Association (NEMA) represents nearly 350 environment. We provide straightforward 5 https://www.regulations.gov/document?D= electrical equipment and medical imaging information to consumers and advocate for EERE-2017-BT-STD-0048-0003. Slide 10. manufacturers that make safe, reliable, and customer protections for consumers, energy

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efficiency programs, and customer education any change to the current DPPP standards and simplest way to address the replacement by providing information to the Public Utility and instead is complementary. There are also motor loophole. We originally considered a Commission (PUC), Austin City Council and no new costs associated with our proposal performance-based approach. However, a the Texas Legislature. Texas ROSE has been because the analysis for the DPPP rulemaking performance approach for DPPP motors involved in helping to create utility programs already accounted for the costs of motor would require an entirely new metric and to provide lower rates for low-income replacements. test procedure, which would significantly consumers and weatherization programs to delay implementation of our proposal, A. Definitions permanently lower energy use and utility thereby increasing manufacturer burden. Our bills. Our proposed definitions include a proposed prescriptive requirements align Waterway Plastics is proud to design, definition for ‘‘dedicated-purpose pool pump with the DPPP standards while avoiding the engineer and manufacture pool and spa motor,’’ which covers any motor that is need for a test procedure rulemaking. pumps, filters, white goods and accessories certified to UL 1004–10 6 and/or designed Importantly, our prescriptive approach still and other pool and spa products in Oxnard, and/or marketed for use in DPPP gives manufacturers significant flexibility to CA, USA. applications. Our proposed definitions also provide a wide range of efficient motor WEG is a manufacturer of industrial and define motors that meet the definition for options to consumers including different commercial components and systems ‘‘dedicated- purpose pool pump motor’’ but speed options and user interfaces. solutions for customers across multiple that would be exempt from the standards that Our proposed standards include three markets around the world. WEG is 30,000 we are proposing. These definitions for prescriptive requirements that align with the employees strong across 12 manufacturing exempted motors were crafted such as to DPPP standards. First, DPPP motors would locations and 28 commercial sites, holding minimize the risk of any potential loopholes. be prohibited from operating with a capacitor start induction run (CSIR) or split phase (SP) the distinction of having largest B. Scope of Coverage manufacturing site in the world at its configuration at maximum operating speed. DPPP motors are electric motors. Our headquarters in Jarugua Du Sol, Brazil. This This requirement aligns the motor types for proposed scope of coverage includes DPPP campus is 3.57M square feet and occupied by DPPP motors with the DPPP standards. This motors with total horsepower (THP) less than nearly 13,000 employees. WEG has over requirement is also consistent with existing or equal to 5 THP. The 5 THP upper bound 3,000 employees in the US between the US state standards in Arizona, California, aligns with the upper bound for hydraulic Headquarters in Atlanta, an industrial motor Connecticut, and Washington. Prohibiting horsepower (HHP) in the standards for DPPPs manufacturing location in Minneapolis, a these inefficient motor configurations will for self-priming and non-self-priming pool transformer manufacturer in Missouri, and help prevent low-quality foreign imports filter pumps. (5 THP is roughly equivalent to the Global Center of Commercial Motors from undercutting U.S. manufacturers and 2.5 HHP.) Our proposed scope of coverage Excellence in Bluffton, IN. The US is served ensure that consumers are not stuck with would exempt six types of pool pump motors out of these locations, with manufactured very inefficient motors that would increase from our proposed standards: polyphase their electricity bills. product support out of Mexico and Brazil. motors capable of operating without a drive Over half of the product produced in the US Second, DPPP motors with THP greater (and distributed in commerce without a than or equal to 1.15 THP would be required is applied into pumping applications, drive), waterfall pump motors, rigid electric whether it be clean water or dirty, or even to meet the definition of ‘‘variable-speed spa pump motors, storable electric spa pump control dedicated-purpose pool pump hydroelectric power generation. WEG has motors, integral cartridge-filter pool pump traditionally focused it sales from its genesis motor,’’ which we have defined. The 1.15 motors, and integral sand-filter pool pump THP threshold aligns with the 0.711 HHP in 1942 up to around 1985 in the local motors. These exemptions align with the Brazilian market, though through a 7 threshold in the DPPP standards for self- DPPP standards. The exemption for priming pool filter pumps. (1.15 THP is combination of acquisition and organic polyphase motors is designed to exclude development, export sales has increased by roughly equivalent to 0.711 HHP.) Almost all three-phase motors that are intended for use motors used in non-self-priming pool filter an amazing 36 times, with infrastructure and in commercial applications (where there is pumps and pressure cleaner booster pumps skills to continue a strong growth pattern three-phase power available), but to include have THPs less than 1.15 THP. Therefore, well into the future. three-phase motors that operate with a drive DPPP motors that must meet the definition of Zodiac Pool Systems, LLC is a global leader that converts single-phase power to three- ‘‘variable-speed control dedicated-purpose in swimming pool and spa products and phase power and are intended for use in pool pump motor’’ will almost exclusively be services. Zodiac is recognized as a leading, residential applications. motors for self-priming pool filter pumps, global provider of premium, innovative pool Our proposed standards (described below) aligning with the DPPP standards. and spa products, equipment and solutions would apply to DPPP motors that are sold as Our proposed definition for ‘‘variable- for in-ground residential swimming pools replacements as well as motors that are part speed control dedicated-purpose pool pump and spas. Zodiac is committed to designing of DPPPs. All pool pump motors would thus motor’’ would include motors that provide at and producing energy efficient, earth-friendly be treated equally and subject to the same least four speed options. Providing the choice pool products and systems. requirements. Importantly, our proposed of a variety of speeds would align with the scope of coverage includes DPPP motors in III. Development of the Recommendations DPPP standards, which, for most in-ground DPPPs regardless of whether the DPPP is pumps, are based on the performance of The Joint Stakeholders’ recommendations manufactured domestically or imported. If pumps with variable-speed motors. At the were developed during a series of meetings motors in imported DPPPs were not covered, same time, our proposed definition would between December 2017 and June 2018 of a manufacturers that manufacture DPPPs provide manufacturers flexibility in technical working group consisting of pool domestically would be put at a disadvantage. developing new products. In particular, our pump and motor manufacturers, state Our proposed scope of coverage will thus proposed definition would allow government, utilities, and efficiency provide a level playing field and protect U.S. manufacturers to introduce lower-cost motors advocates. The goal of the working group was manufacturing. to develop a set of consensus that are not ‘‘true’’ variable-speed products, recommendations for standards for DPPP C. Prescriptive Requirements but that still provide very substantial energy motors to align with the standards for DPPPs Our proposal for standards for DPPP savings and performance consistent with the and to take effect concurrently with the DPPP motors is a prescriptive approach. We believe DPPP standards. Our proposed definition for standards on July 19, 2021. that a prescriptive approach is the quickest ‘‘variable-speed control dedicated-purpose pool pump motor’’ also includes IV. The Joint Stakeholders’ Proposal specifications for how these motors must be 6 The Joint Stakeholders’ proposal (included Note: UL 1004–10 is in the process of being distributed in commerce to ensure that they developed. We will provide an update to DOE once as Appendix A) includes recommendations the UL standard has been published. have the ability to operate at a variety of for definitions, scope of coverage, 7 Note: Integral cartridge filter and integral sand speeds in the field (e.g., be distributed with prescriptive requirements, labeling, filter pool pumps are subject to the DPPP standards, a variable speed drive), which align with the reporting, compliance date, and verification. but they do not have to meet an energy performance DPPP standards. Since variable-speed Importantly, our proposal would not result in requirement. replacement motors may be sold without a

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drive (e.g., if the existing installed drive is event that the standards continued to be consequences for both consumers and still functioning), we have also provided the enforced through state building codes, domestic manufacturers. option for a variable-speed motor to be sold despite a federal delay on enforcement. DOE has the authority to issue a DFR ‘‘on without a drive as long as it cannot operate Finally, a delay would seriously harm receipt of a statement that is submitted without a drive. Our proposed definition for consumers who would continue to be sold jointly by interested persons that are fairly ‘‘variable-speed control dedicated-purpose inefficient, wasteful products, costing them representative of relevant points of view pool pump motor’’ also includes hundreds of dollars in electricity bill savings (including representatives of manufacturers specifications regarding high speed override each year. of covered products, States, and efficiency capability and default settings to help ensure G. Verification of Total Horsepower advocates)’’ (42 U.S.C. 6295(p)(4)). The that motors meeting this definition deliver signatories to this Joint Statement include all the expected savings for consumers. We are proposing that for purposes of relevant stakeholders including Finally, DPPP motors with freeze verifying THP, DOE should use the test manufacturers of both pool pumps and protection controls would be subject to the procedure for DPPPs, which includes motors; a trade association that represents same requirements as DPPPs with freeze methods for determining dedicated-purpose pool pump and pool pump motor protection controls. These requirements are pool pump motor total horsepower. manufacturers and installers; a trade designed to ensure that motors with freeze V. Benefits of the Joint Stakeholder Proposal association that represents motor protection controls do not end up running for manufacturers; states; consumer advocate Our proposal for DPPP motors will provide more hours than are required to provide organizations; efficiency and environmental adequate freeze protection, resulting in significant benefits to consumers, manufacturers, and the electric grid. By organizations; and electric utilities. significant wasted energy and unnecessary While we believe that all relevant additional electricity costs for consumers. closing the replacement motor loophole, consumers will be assured that when stakeholders are represented by the D. Labeling replacing the motor on a variable-speed signatories to this Joint Statement, to the Our preference is for labeling requirements pump, the new motor will continue to extent that there is any concern regarding the to be included as part of the rule for DPPP provide the $550 in average annual operating ability for any other party to provide input motors. Our proposed labeling requirements cost savings and the additional benefits of on our recommended standards before they include the dedicated-purpose pool pump variable-speed technology. Pool pump are issued as part of a DFR, DOE could motor total horsepower and whether the manufacturers will be protected against a publish our Joint Statement and provide a motor is single-speed, two-speed, multi- market shift to unregulated, foreign-made limited (e.g., 30-day) comment period. speed, or variable-speed control. These replacement motors, which would threaten VIII. Executive Order Compliance labeling requirements would provide American manufacturing jobs. Finally, additional information to both consumers because pool pumps often operate the most Importantly, there are no new costs and installers and help standardize the use in the summer and during times of peak associated with our proposal. The analysis of total horsepower throughout the industry. demand, protecting the significant electricity for the DPPP rulemaking already accounted savings from the DPPP standards will also for the costs of motor replacements for the E. Reporting protect the corresponding reductions in peak portion of consumers that will replace the We are proposing that reporting demand, which bolster electric grid motor during the life of their pump. requirements for DPPP motors include, but resilience. Reductions in peak demand also Specifically, the DPPP rulemaking assumed not be limited to, information about the help lower electricity rates, which benefits like-for-like motor replacements (e.g., that a settings of the controls for motors with freeze all consumers. However, in order for these variable-speed motor would be replaced with protection controls. These reporting significant benefits to consumers, a new variable-speed motor). The assumption requirements align with the reporting manufacturers, and the electric grid to be of like-for-like motor replacements does not requirements for DPPPs. realized, the compliance date for DPPP motor reflect the real-world situation and the high standards must be July 19, 2021, and there likelihood of many variable-speed motors on F. Compliance Date must be no delay in the DPPP compliance compliant pumps being replaced not with The compliance date for DPPP motors must date. variable-speed motors, but with inefficient be July 19, 2021 to align with the compliance single-speed motors. Nevertheless, because VI. Electric Motors Authority date for DPPPs. Aligning the compliance the costs of variable-speed replacement dates is essential in order to prevent a DOE should adopt our proposal for motors were already accounted for in the loophole for replacement motors and to avoid standards for DPPP motors using the DPPP rulemaking, DOE would be double the need for manufacturers to convert their Department’s authority over ‘‘electric counting the costs if the Department were to product lines twice, which would motors.’’ ‘‘Electric motor’’ is defined as ‘‘a include costs associated with motor significantly increase their costs and, in turn, machine that converts electrical power into replacements in a DPPP motors rulemaking. costs for consumers. rotational mechanical power’’ (10 CFR Since there are no costs associated with Further, the compliance date for DPPPs 431.12). DPPP motors are electric motors, and our proposal relative to the costs assumed in must remain July 19, 2021. U.S. electric motors are already covered the DPPP rule, we believe that our proposal manufacturers of both pool pumps and equipment. would not be subject to Executive Orders motors are already making significant 12866 and 13771. investments to comply with the DPPP VII. Use of a DFR standards. If enforcement of the DPPP DOE should adopt our proposal for IX. Conclusion standards were to be delayed beyond the standards for DPPP motors using a DFR. The Joint Stakeholders strongly urge DOE current compliance date, the beneficiaries of Importantly, a DFR will ensure that the to adopt our proposal for standards for DPPP such a delay would be foreign manufacturers compliance date for DPPP motors can be motors contained in Appendix A in order to who have not yet made investments in aligned with that for DPPPs. As described protect consumers and the investments being upgrading their technology and who would above, alignment of the compliance dates is made by domestic manufacturers. We see an opportunity to sell inefficient pumps essential in order to close the replacement encourage DOE to act expeditiously in order to the U.S. market. This outcome would motor loophole and to avoid manufacturers to ensure alignment of the compliance date inflict serious harm on domestic having to convert their product lines twice. for DPPP motors with the compliance date manufacturers by undercutting their Further, it is essential that the compliance for DPPPs (July 19, 2021). investments, which would threaten dates for both DPPPs and DPPP motors be American manufacturing jobs. Manufacturers July 19, 2021 as any delay in the compliance Sincerely, would also face market confusion in the date for DPPPs would have serious negative BILLING CODE 6450–01–P

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Jennifer Hatfield Daniel Bresette Director, Government Affairs Vice President, Policy and Research The Association of Pool & Spa Professionals Alliance to Save Energy

Steven Nadel Joanna Mauer Executive Director Technical Advocacy Manager American Council for an Energy-Efficient Economy Appliance Standards Awareness Project

DavidS. Werth Drew Bohan Manager, Marketing and Customer Programs Executive Director Arizona Public Service California Energy Commission

Patrick Eilert Michelle Thomas Manager, Codes & Standards Manager, Energy Codes & Standards and ZNE Pacific Gas and Electric Company Engineering Services Southern California Edison

Kate Zeng Mel Hall-Crawford ETP /C&S/ZNE Manager Energy Projects Director Customer Programs Consumer Federation of America San Diego Gas & Electric Company

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Bill Newton Clark Hale Deputy Director President & CEO Florida Consumer Action Network Hayward Industries

Joseph Eaves Lauren Urbanek Head (Acting) NEMA Government Relations Senior Energy Policy Advocate National Electrical Manufacturers Association Natural Resources Defense Council

Chris Wiseman James Yost President, Commercial & Industrial Motors & Drives Chair Nidec Motor Corporation Northwest Power and Conservation Council

Jerome Pedretti Chandra Gollapudi Vice President Director, Government Affairs Pentair Water Pool and Spa, Inc. Regal Beloit Corporation

Jan Baljon Pamela Ferris President Executive Director Speck Pumps Texas ROSE (Ratepayers' Organization to Save Energy)

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BILLING CODE 6450–01–C component of an integral sand-filter pool without a drive that converts single-phase APPENDIX A pump as defined at 10 CFR 431.462. power to polyphase power Maximum operating speed means the rated • Waterfall pump motors Dedicated-Purpose Pool Pump (DPPP) full-load speed of a motor powered by a 60 • Rigid electric spa pump motors Motors Joint Stakeholder Proposal Hz alternating current (AC) source. • Storable electric spa pump motors Rigid electric spa pump motor means a • Integral cartridge-filter pool pump Definitions dedicated-purpose pool pump motor that motors • Capacitor-start, induction-run means a does not have a C-flange or square flange Integral sand-filter pool pump motors single-phase induction motor configuration mounting and that is: Prescriptive requirements with a main winding arranged for direct (1) labeled, There will be prescriptive requirements for connection to a source of power and an (2) designed, and all DPPP motors, for DPPP motors with a auxiliary winding connected in series with a (3) marketed for use only in rigid electric THP greater than or equal to 1.15 THP, and capacitor. The motor configuration has a spas as defined at 10 CFR 431.462. for DPPP motors with freeze protection capacitor phase, which is in the circuit only Split phase means a single-phase induction controls. DPPP motors include motors during the starting period. motor configuration with an auxiliary manufactured domestically, motors imported Dedicated-purpose pool pump motor winding displaced in magnetic position from, means an electric motor that is single-phase alone, and motors imported as a component and connected in parallel with the main of a DPPP assembly. or polyphase which complies with and is winding. The auxiliary circuit is open when certified to UL 1004–10 and/or is designed the motor has attained a predetermined DPPP motors and/or marketed for use in dedicated- speed. DPPP motors must not operate with a purpose pool pump applications. Storable electric spa pump motor means a capacitor start induction run (CSIR) or split Designed and marketed means that the dedicated-purpose pool pump motor that is phase (SP) configuration at maximum equipment is designed to fulfill the intended distributed in commerce as a component of operating speed. application and, when distributed in a storable electric spa pump as defined at 10 commerce, is designated and marketed solely CFR 431.462. DPPP motors with THP greater than or equal for that application, with the designation on Waterfall pump motor means a dedicated- to 1.15 THP all the packaging and all publicly available purpose pool pump motor with a maximum DPPP motors with THP greater than or documents (e.g., product literature, catalogs, speed less than or equal to 1,800 rpm that is equal to 1.15 THP will have a prescriptive and packaging labels). designed and marketed for waterfall pump speed control requirement. Designed and/or marketed means that the applications and labeled for use only with equipment is designed to fulfill the intended waterfall pumps. Prescriptive Requirement: Variable Speed application and/or, when distributed in Control commerce, is designated and marketed for Scope of coverage Each dedicated-purpose pool pump motor that application, with the designation on the DPPP motors meet the definition of electric with a dedicated-purpose pool pump motor packaging and/or any publicly available motor at 10 CFR 431.12. The standards will total horsepower greater than or equal to 1.15 documents (e.g., product literature, catalogs, apply to dedicated-purpose pool pump THP shall meet the definition of a variable- and packaging labels). (DPPP) motors, including DPPP motors speed control dedicated- purpose pool pump Drive means a power converter (such as a incorporated in DPPPs produced motor. variable speed drive or phase-converter). domestically and imported, with dedicated- A variable-speed control dedicated- Integral cartridge-filter pool pump motor purpose pool pump motor total horsepower purpose pool pump motor means: means a dedicated-purpose pool pump motor (THP) as defined at 10 CFR 431.462 less than A dedicated-purpose pool pump motor that that is distributed in commerce as a or equal to 5 THP, with the following is capable of operating at four or more component of an integral cartridge-filter pool exemptions: discrete, user- or pre-determined operating pump as defined at 10 CFR 431.462. speeds, where one of the operating speeds is Integral sand-filter pool pump motor Exempted DPPP motors: the maximum operating speed and at least: means a dedicated-purpose pool pump motor • Polyphase motors capable of operating • One of the operating speeds is 75% to that is distributed in commerce as a without a drive and distributed in commerce 85% of the maximum operating speed;

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• One of the operating speeds is 45% to freeze protection controls enabled, the ACTION: Notice of proposed rulemaking; 55% of the maximum operating speed; default dry-bulb air temperature setting (in extension of comment period. • One of the operating speeds is less than °F), default run time setting (in minutes), and or equal to 40% of the maximum operating default motor speed (in rpm). SUMMARY: On July 17, 2018, the speed and greater than zero. Compliance date Agencies published in the Federal And that must be distributed in commerce Register a notice of proposed either: The compliance date should be July 19, (1) With a variable speed drive and with 2021 to align with the compliance date of the rulemaking (proposal) that would a user interface that changes the speed in DPPP standards. amend the regulations implementing section 13 of the Bank Holding response to pre- programmed user Verification of THP preferences and allows the user to select the Company Act. Section 13 contains duration of each speed and/or the on/off For purposes of verifying THP, DOE should certain restrictions on the ability of a times; use the DPPP test procedure at 10 CFR 431 banking entity and nonbank financial Appendix C to Subpart Y. (2) With a variable speed drive and without company supervised by the Board to a user interface that changes the speed in [FR Doc. 2018–19577 Filed 9–10–18; 8:45 am] engage in proprietary trading and have response to pre-programmed user preferences BILLING CODE 6450–01–P and allows the user to select the duration of certain interests in, or relationships each speed and/or the on/off times, but is with, a hedge fund or private equity unable to operate without the presence of a fund. The proposed amendments are user interface; or DEPARTMENT OF TREASURY intended to provide banking entities (3) Without a variable speed drive and with with clarity about what activities are or without a user interface, but is unable to Office of the Comptroller of the prohibited and to improve supervision operate without the presence of a variable Currency and implementation of section 13. speed drive. In response to requests from And: 12 CFR Part 44 (1) Any high speed override capability commenters regarding issues addressed shall be for a temporary period not to exceed [Docket No. OCC–2018–0010] in the proposal, the public comment period has been extended for 30 days one 24-hour cycle without resetting to default RIN 1557–AE27 settings or resuming normal operation until October 17, 2018. This action will according to pre- programmed user FEDERAL RESERVE SYSTEM allow interested persons additional time preferences; and to analyze the proposal and prepare (2) Any factory default setting for daily run their comments. time schedule may not include more hours 12 CFR Part 248 DATES: The comment period for the at an operating speed above 55% of [Docket No. R–1608] maximum operating speed than the hours at notice of proposed rulemaking or below 55% of maximum operating speed; RIN 7100–AF 06 published on July 17, 2018 (83 FR or if a motor is distributed in commerce 33432), regarding proposed revisions to without a default setting for daily run time FEDERAL DEPOSIT INSURANCE prohibitions and restrictions on schedule, the default operating speed after CORPORATION proprietary trading and certain interests any priming cycle (if applicable) must be no in, and relationships with, hedge funds greater than 55% of the maximum operating 12 CFR Part 351 speed. and private equity funds, is extended RIN 3064–AE67 from September 17, 2018, to October 17, DPPP motors with freeze protection controls 2018. For all dedicated-purpose pool pump COMMODITY FUTURES TRADING ADDRESSES: You may submit comments motors distributed in commerce with freeze COMMISSION by any of the methods identified in the protection controls, the motor must be proposal.1 Please submit your shipped with freeze protection disabled or 17 CFR Part 75 with the following default, user- adjustable comments using only one method. settings: RIN 3038–AE72 FOR FURTHER INFORMATION CONTACT: (1) The default dry-bulb air temperature OCC: Tabitha Edgens, Senior setting is no greater than 40 °F; SECURITIES AND EXCHANGE Attorney; Mark O’Horo, Attorney, Chief (2) The default run time setting shall be no COMMISSION Counsel’s Office, (202) 649–5510; for greater than 1 hour (before the temperature persons who are deaf or hearing is rechecked); and 17 CFR Part 255 (3) The default motor speed shall not be impaired, TTY, (202) 649–5597, Office 1 of the Comptroller of the Currency, 400 more than ⁄2 of the maximum speed. [Release no. BHCA–3; File no. S7–14–18] 7th Street SW, Washington, DC 20219. Labeling RIN 3235–AM10 Board: Kevin Tran, Supervisory If DOE is able to implement labeling Extension of Comment Period for Financial Analyst, (202) 452–2309, Amy requirements, the permanent nameplate must Lorenc, Financial Analyst, (202) 452– be marked clearly with the following Proposed Revisions to Prohibitions and Restrictions on Proprietary 5293, David Lynch, Deputy Associate information: Director, (202) 452–2081, David (A) The dedicated-purpose pool pump Trading and Certain Interests in, and motor total horsepower; and Relationships With, Hedge Funds and McArthur, Senior Economist, (202) 452– (B) Either: single-speed, two-speed, multi- Private Equity Funds 2985, Division of Supervision and speed, or variable-speed control. Regulation; Flora Ahn, Senior Counsel, AGENCY: Office of the Comptroller of the (202) 452–2317, Gregory Frischmann, Reporting Currency, Treasury (OCC); Board of Counsel, (202) 452–2803, or Kirin Certification reporting requirements should Governors of the Federal Reserve Walsh, Attorney, (202) 452–3058, Legal include, but not be limited to,: System (Board); Federal Deposit Division, Board of Governors of the (A) For dedicated-purpose pool pump Insurance Corporation (FDIC); Securities motors distributed in commerce with freeze Federal Reserve System, 20th and C protection controls, a statement regarding and Exchange Commission (SEC); and Streets NW, Washington, DC 20551. For whether freeze protection is shipped enabled Commodity Futures Trading the hearing impaired only, or disabled, and for dedicated-purpose pool Commission (CFTC) (collectively, the pump motors distributed in commerce with ‘‘Agencies’’). 1 See 83 FR 33432, 33432–33 (July 17, 2018).

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Telecommunication Device for the Deaf activities are prohibited and to improve DEPARTMENT OF TRANSPORTATION (TDD), (202) 263–4869. supervision and implementation of FDIC: Bobby R. Bean, Associate section 13. The proposal stated that the Federal Aviation Administration Director, [email protected], Michael public comment period would close on Spencer, Chief, Capital Markets September 17, 2018.3 14 CFR Part 71 Strategies Section, michspencer@ The Agencies have received requests [Docket No. FAA–2018–0741; Airspace fdic.gov, or Brian Cox, Capital Markets Docket No. 18–ASO–13] Policy Analyst, [email protected], Capital from the public asking the Agencies to Markets Branch, (202) 898–6888; extend the comment period for the RIN 2120–AA66 4 Michael B. Phillips, Counsel, proposal. These requests suggested that Proposed Amendment of Class D [email protected], Benjamin J. Klein, an extension of the comment period Airspace and Establishment of Class E Counsel, [email protected], or Annmarie would help commenters provide Airspace; Tyndall AFB, FL H. Boyd, Counsel, [email protected], feedback on the proposed changes and Legal Division, Federal Deposit detailed requests for comment in the AGENCY: Federal Aviation Insurance Corporation, 550 17th Street proposal. This extension of the Administration (FAA), DOT. NW, Washington, DC 20429. comment period will allow interested ACTION: Notice of proposed rulemaking SEC: Andrew R. Bernstein (Senior persons additional time to analyze the (NPRM). Special Counsel), Sophia Colas proposal and prepare their comments. (Attorney-Adviser), Sam Litz (Attorney- Accordingly, the comment period for SUMMARY: This action proposes to Adviser), Aaron Washington (Special the proposal is extended from establish Class E surface airspace at Counsel), Elizabeth Sandoe (Senior September 17, 2018, to October 17, Tyndall Air Force Base, (AFB), FL, for Special Counsel), Carol McGee 2018. the safety of aircraft landing and (Assistant Director), or Josephine J. Tao departing the airport when the air traffic (Assistant Director), at (202) 551–5777, Dated: August 31, 2018. control tower is closed. Also, this action Division of Trading and Markets, and Joseph M. Otting, proposes to amend Class D airspace by Nicholas Cordell, Matthew Cook, Comptroller of the Currency. updating the geographic coordinates of Elizabeth Blase, Aaron Gilbride (Branch By order of the Board of Governors of the this airport, as well as replacing the Chief), Brian McLaughlin Johnson Federal Reserve System, acting through the outdated term ‘‘Airport/Facility (Assistant Director), and Sara Cortes Secretary of the Board under delegated Directory’’ with ‘‘Chart Supplement’’. (Assistant Director), at (202) 551–6787 authority, August 29, 2018. Controlled airspace is necessary for the or [email protected], Division of Ann E. Misback, safety and management of instrument flight rules (IFR) operations at this Investment Management, U.S. Securities Secretary of the Board. and Exchange Commission, 100 F Street airport. NE, Washington, DC 20549. Dated at Washington, DC on August 28, 2018. Federal Deposit Insurance Corporation. DATES: Comments must be received on CFTC: Erik Remmler, Deputy Director, or before October 26, 2018. Valerie Jean Best, (202) 418–7630, [email protected]; ADDRESSES: Send comments on this rule Cantrell Dumas, Special Counsel, (202) Assistant Executive Secretary. to: U.S. Department of Transportation, 418–5043, [email protected]; Jeffrey By the Securities and Exchange Docket Operations, 1200 New Jersey Hasterok, Data and Risk Analyst, (646) Commission. Avenue SE, West Bldg. Ground Floor, 746–9736, [email protected], Division Dated: September 4, 2018. Rm. W12–140, Washington, DC 20590; of Swap Dealer and Intermediary Brent J. Fields, Telephone: 1–800–647–5527, or (202) Oversight; Mark Fajfar, Assistant Secretary. 366–9826. You must identify the Docket General Counsel, (202) 418–6636, No. FAA–2018–0741; Airspace Docket [email protected], Office of the General Issued in Washington, DC, on August 30, 2018, by the Commodity Futures Trading No. 18–ASO–13, at the beginning of Counsel; Stephen Kane, Research your comments. You may also submit Economist, (202) 418–5911, skane@ Commission. Christopher J. Kirkpatrick, and review received comments through cftc.gov, Office of the Chief Economist; the internet at http:// Commodity Futures Trading Secretary of the Commodity Futures Trading www.regulations.gov. You may review Commission. Commission, Three Lafayette Centre, the public docket containing the 1155 21st Street NW, Washington, DC [FR Doc. 2018–19649 Filed 9–10–18; 8:45 am] proposal, any comments received, and 20581. BILLING CODE 6210–01–P; 4810–33–P; 6714–01–P; any final disposition in person in the 8011–01–P; 6351–01–P SUPPLEMENTARY INFORMATION: On July Dockets Office between 9:00 a.m. and 17, 2018, the Agencies published in the 5:00 p.m., Monday through Friday, Federal Register a notice of proposed except federal holidays. rulemaking that would amend the FAA Order 7400.11B, Airspace regulations implementing section 13 of Designations and Reporting Points, and the Bank Holding Company Act.2 subsequent amendments can be viewed Section 13 contains certain restrictions on line at http://www.faa.gov/air_ on the ability of a banking entity and traffic/publications/. For further nonbank financial company supervised information, you can contact the by the Board to engage in proprietary 3 83 FR 33432–33605. Airspace Policy Group, Federal Aviation trading and have certain interests in, or 4 See joint comment letter to the Agencies from Administration, 800 Independence relationships with, a hedge fund or Better Markets, Americans for Financial Reform, Avenue SW Washington, DC 20591; private equity fund. The proposed Public Citizen and the Center for American Progress telephone: (202) 267–8783. The Order is (July 10, 2018); comment letter to the Agencies from amendments are intended to provide U.S. Senators Sherrod Brown and Jeffrey A. also available for inspection at the banking entities with clarity about what Merkley (August 6, 2018); comment letter to the National Archives and Records Agencies from the National Association of Administration (NARA). For 2 83 FR 33432–33605. Federally-Insured Credit Unions (July 25, 2018). information on the availability of FAA

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Order 7400.11B at NARA, call (202) Docket No. FAA–2018–0741; Airspace The Proposal 741–6030, or go to https:// Docket No. 18–ASO–13.’’ The postcard The FAA is considering an www.archives.gov/federal-register/cfr/ will be date/time stamped and returned amendment to Title 14, Code of Federal ibr-locations.html. to the commenter. Regulations (14 CFR) part 71 to establish FAA Order 7400.11, Airspace All communications received before Class E surface airspace within a 5.4- Designations and Reporting Points, is the specified closing date for comments mile radius of Tyndall AFB, FL, for the published yearly and effective on will be considered before taking action safety of aircraft landing and departing September 15. on the proposed rule. The proposal the airport when the air traffic control FOR FURTHER INFORMATION CONTACT: John contained in this document may be tower is closed. Fornito, Operations Support Group, changed in light of the comments In addition, the geographic Eastern Service Center, Federal Aviation received. All comments submitted will coordinates of the airport in Class D Administration, 1701 Columbia Avenue, be available for examination in the airspace would be updated to coincide College Park, GA 30337; telephone (404) public docket both before and after the with the FAA’s database. 305–6364. comment closing date. A report Finally, the outdated term ‘Airport/ SUPPLEMENTARY INFORMATION: summarizing each substantive public Facility Directory’ would be replaced contact with FAA personnel concerned with ‘Chart Supplement’ under the Authority for This Rulemaking with this rulemaking will be filed in the Class D description. The FAA’s authority to issue rules docket. All communications received on Class E airspace designations are regarding aviation safety is found in title or before the specified closing date for published in Paragraphs 5000 and 6002, 49 of the United States Code. Subtitle I, comments will be considered before respectively, of FAA Order 7400.11B, Section 106 describes the authority of taking action on the proposed rule. The dated August 3, 2017, and effective the FAA Administrator. Subtitle VII, proposal contained in this notice may September 15, 2017, which is Aviation Programs, describes in more be changed in light of the comments incorporated by reference in 14 CFR detail the scope of the agency’s received. A report summarizing each 71.1. The Class D and Class E airspace authority. This proposed rulemaking is substantive public contact with FAA designations listed in this document promulgated under the authority personnel concerned with this will be published subsequently in the described in Subtitle VII, Part A, rulemaking will be filed in the docket. Order. Subpart I, Section 40103. Under that Availability of NPRMs Regulatory Notices and Analyses section, the FAA is charged with The FAA has determined that this prescribing regulations to assign the use An electronic copy of this document proposed regulation only involves an of airspace necessary to ensure the may be downloaded through the established body of technical safety of aircraft and the efficient use of internet at http://www.regulations.gov. regulations for which frequent and airspace. This regulation is within the Recently published rulemaking routine amendments are necessary to scope of that authority as it would documents can also be accessed through keep them operationally current. It, establish Class E surface airspace and the FAA’s web page at http:// therefore: (1) Is not a ‘‘significant amend Class D airspace at Tyndall AFB, www.faa.gov/air_traffic/publications/ regulatory action’’ under Executive FL, to support IFR operations at this airspace_amendments/. Order 12866; (2) is not a ‘‘significant airport. You may review the public docket containing the proposal, any comments rule’’ under DOT Regulatory Policies Comments Invited received and any final disposition in and Procedures (44 FR 11034; February Interested persons are invited to person in the Dockets Office (see the 26, 1979); and (3) does not warrant comment on this proposed rulemaking ADDRESSES section for address and preparation of a regulatory evaluation as by submitting such written data, views, phone number) between 9:00 a.m. and the anticipated impact is so minimal. or arguments, as they may desire. 5:00 p.m., Monday through Friday, Since this is a routine matter that will Comments that provide the factual basis except federal holidays. An informal only affect air traffic procedures and air supporting the views and suggestions docket may also be examined between navigation, it is certified that this presented are particularly helpful in 8:00 a.m. and 4:30 p.m., Monday proposed rule, when promulgated, will developing reasoned regulatory through Friday, except federal holidays not have a significant economic impact decisions on the proposal. Comments at the office of the Eastern Service on a substantial number of small entities are specifically invited on the overall Center, Federal Aviation under the criteria of the Regulatory regulatory, aeronautical, economic, Administration, Room 350, 1701 Flexibility Act. environmental, and energy-related Columbia Avenue, College Park, GA Environmental Review aspects of the proposal. 30337. This proposal would be subject to an Communications should identify both Availability and Summary of environmental analysis in accordance docket numbers (Docket No. FAA– Documents for Incorporation by with FAA Order 1050.1F, 2018–0741 and Airspace Docket No. 18– Reference ‘‘Environmental Impacts: Policies and ASO–13) and be submitted in triplicate Procedures’’ prior to any FAA final to DOT Docket Operations (see This document proposes to amend regulatory action. ADDRESSES section for the address and FAA Order 7400.11B, Airspace phone number.) You may also submit Designations and Reporting Points, Lists of Subjects in 14 CFR Part 71 comments through the internet at http:// dated August 3, 2017, and effective Airspace, Incorporation by reference, www.regulations.gov. September 15, 2017. FAA Order Navigation (air). Persons wishing the FAA to 7400.11B is publicly available as listed acknowledge receipt of their comments in the ADDRESSES section of this The Proposed Amendment on this action must submit with those document. FAA Order 7400.11B lists In consideration of the foregoing, the comments a self-addressed stamped Class A, B, C, D, and E airspace areas, Federal Aviation Administration postcard on which the following air traffic service routes, and reporting proposes to amend 14 CFR part 71 as statement is made: ‘‘Comments to FAA points. follows:

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PART 71—DESIGNATION OF CLASS A, ACTION: Notice of proposed rulemaking 49 of the United States Code. Subtitle I, B, C, D, AND E AIRSPACE AREAS; AIR (NPRM). Section 106 describes the authority of TRAFFIC SERVICE ROUTES; AND the FAA Administrator. Subtitle VII, SUMMARY: REPORTING POINTS This action proposes to Aviation Programs, describes in more establish Class E airspace extending detail the scope of the agency’s ■ 1. The authority citation for part 71 upward from 700 feet above the surface authority. This proposed rulemaking is continues to read as follows: at Breckinridge County Airport, promulgated under the authority Hardinsburg, KY, to accommodate new Authority: 49 U.S.C. 106(f), 106(g); 40103, described in Subtitle VII, Part A, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, area navigation (RNAV) global Subpart I, Section 40103. Under that 1959–1963 Comp., p. 389. positioning system (GPS) standard section, the FAA is charged with instrument approach procedures serving prescribing regulations to assign the use § 71.1 [Amended] the airport. Controlled airspace is of airspace necessary to ensure the ■ 2. The incorporation by reference in necessary for the safety and safety of aircraft and the efficient use of 14 CFR 71.1 of Federal Aviation management of instrument flight rules airspace. This regulation is within the Administration Order 7400.11B, (IFR) operations at this airport. scope of that authority, as it would Airspace Designations and Reporting DATES: Comments must be received on establish Class E airspace extending Points, dated August 3, 2017, and or before October 26, 2018. upward from 700 feet above the surface effective September 15, 2017, is ADDRESSES: Send comments on this rule at Breckinridge County Airport, amended as follows: to: U.S. Department of Transportation, Hardinsburg, KY to support standard Paragraph 5000 Class D Airspace. Docket Operations, 1200 New Jersey instrument approach procedures for IFR * * * * * Avenue SE, West Bldg. Ground Floor, operations at this airport. Rm. W12–140, Washington, DC 20590; ASO FL D Tyndall AFB, FL [Amended] Telephone: 1–800–647–5527, or (202)- Comments Invited Tyndall AFB, FL 366–9826. You must identify the Docket Interested persons are invited to (Lat. 30°04′09″ N, long. 85°34′30″ W) No. FAA–2018–0486; Airspace Docket comment on this proposed rulemaking That airspace extending upward from the No. 18–ASO–11, at the beginning of by submitting such written data, views, surface to and including 2,500 feet MSL your comments. You may also submit or arguments, as they may desire. within a 5.4-mile radius of Tyndall AFB. and review received comments through Comments that provide the factual basis This Class D airspace area is effective during the internet at http:// supporting the views and suggestions the specific dates and times established in presented are particularly helpful in advance by a Notice to Airmen. The effective www.regulations.gov. You may review date and time will thereafter be continuously the public docket containing the developing reasoned regulatory published in the Chart Supplement. proposal, any comments received, and decisions on the proposal. Comments any final disposition in person in the are specifically invited on the overall Paragraph 6002 Class E Airspace Areas Dockets Office between 9:00 a.m. and regulatory, aeronautical, economic, Designated as Surface Areas. 5:00 p.m., Monday through Friday, environmental, and energy-related * * * * * except federal holidays. aspects of the proposal. ASO FL E2 Tyndall AFB, FL [New] FAA Order 7400.11B, Airspace Communications should identify both docket numbers (Docket No. FAA– Tyndall AFB, FL Designations and Reporting Points, and (Lat. 30°04′09″ N, long. 85°34′30″ W) subsequent amendments can be viewed 2018–0486 and Airspace Docket No. 18– _ That airspace extending upward from the on line at http://www.faa.gov/air ASO–11) and be submitted in triplicate surface within a 5.4-mile radius of Tyndall traffic/publications/. For further to DOT Docket Operations (see AFB. This Class E airspace is effective during information, you can contact the ADDRESSES section for the address and specific dates and times established in Airspace Policy Group, Federal Aviation phone number.) You may also submit advance by a Notice to Airmen. The effective Administration, 800 Independence comments through the internet at http:// date and time will thereafter be continuously Avenue SW, Washington, DC 20591; www.regulations.gov. published in the Chart Supplement. telephone: (202) 267–8783. The Order is Persons wishing the FAA to Issued in College Park, Georgia, on August also available for inspection at the acknowledge receipt of their comments 29, 2018. National Archives and Records on this action must submit with those Ryan W. Almasy, Administration (NARA). For comments a self-addressed stamped Manager, Operations Support Group, Eastern information on the availability of FAA postcard on which the following Service Center, Air Traffic Organization. Order 7400.11B at NARA, call (202) statement is made: ‘‘Comments to FAA [FR Doc. 2018–19488 Filed 9–10–18; 8:45 am] 741–6030, or go to https:// Docket No. FAA–2018–0486; Airspace BILLING CODE 4910–13–P www.archives.gov/federal-register/cfr/ Docket No. 18–ASO–11.’’ The postcard ibr-locations.html. will be date/time stamped and returned FAA Order 7400.11, Airspace to the commenter. DEPARTMENT OF TRANSPORTATION Designations and Reporting Points, is All communications received before published yearly and effective on the specified closing date for comments Federal Aviation Administration September 15. will be considered before taking action FOR FURTHER INFORMATION CONTACT: John on the proposed rule. The proposal 14 CFR Part 71 Fornito, Operations Support Group, contained in this document may be [Docket No. FAA–2018–0486; Airspace Eastern Service Center, Federal Aviation changed in light of the comments Docket No. 18–ASO–11] Administration, 1701 Columbia Ave., received. All comments submitted will College Park, GA 30337; telephone (404) be available for examination in the RIN 2120–AA66 305–6364. public docket both before and after the Proposed Establishment of Class E SUPPLEMENTARY INFORMATION: comment closing date. A report Airspace; Hardinsburg, KY summarizing each substantive public Authority for This Rulemaking contact with FAA personnel concerned AGENCY: Federal Aviation The FAA’s authority to issue rules with this rulemaking will be filed in the Administration (FAA), DOT. regarding aviation safety is found in title docket. All communications received on

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or before the specified closing date for designations listed in this document ASO KY E5 Hardinsburg, KY [New] comments will be considered before will be published subsequently in the Breckinridge County Airport, KY taking action on the proposed rule. The Order. (Lat. 37°47′05″ N, long. 86°26′29″ W) proposal contained in this notice may Regulatory Notices and Analyses That airspace extending upward from 700 be changed in light of the comments feet above the surface within a 7-mile radius received. A report summarizing each The FAA has determined that this of Breckinridge County Airport. substantive public contact with FAA proposed regulation only involves an Issued in College Park, Georgia, on August personnel concerned with this established body of technical 29, 2018. rulemaking will be filed in the docket. regulations for which frequent and Ryan W. Almasy, routine amendments are necessary to Availability of NPRMs Manager, Operations Support Group, Eastern keep them operationally current. It, Service Center, Air Traffic Organization. An electronic copy of this document therefore: (1) Is not a ‘‘significant [FR Doc. 2018–19492 Filed 9–10–18; 8:45 am] may be downloaded through the regulatory action’’ under Executive internet at http://www.regulations.gov. Order 12866; (2) is not a ‘‘significant BILLING CODE 4910–13–P Recently published rulemaking rule’’ under DOT Regulatory Policies documents can also be accessed through and Procedures (44 FR 11034; February the FAA’s web page at http:// 26, 1979); and (3) does not warrant DEPARTMENT OF HOMELAND www.faa.gov/air_traffic/publications/ preparation of a regulatory evaluation as SECURITY airspace_amendments/. the anticipated impact is so minimal. You may review the public docket Since this is a routine matter that will Coast Guard containing the proposal, any comments only affect air traffic procedures and air received and any final disposition in navigation, it is certified that this 33 CFR Part 165 person in the Dockets Office (see the proposed rule, when promulgated, will [Docket Number USCG–2018–0845] ADDRESSES section for address and not have a significant economic impact phone number) between 9:00 a.m. and on a substantial number of small entities Safety Zone; Spaceport Camden, 5:00 p.m., Monday through Friday, under the criteria of the Regulatory Woodbine, GA except federal holidays. An informal Flexibility Act. docket may also be examined between AGENCY: Coast Guard, DHS. Environmental Review 8:00 a.m. and 4:30 p.m., Monday ACTION: Request for comments. through Friday, except federal holidays This proposal would be subject to an at the office of the Eastern Service environmental analysis in accordance SUMMARY: The Coast Guard is seeking Center, Federal Aviation with FAA Order 1050.1F, comments from interested persons Administration, Room 350, 1701 ‘‘Environmental Impacts: Policies and regarding a proposal to establish safety Columbia Avenue, College Park, GA Procedures’’ prior to any FAA final zones on the navigable waterways in the 30337. regulatory action. vicinity of the proposed Spaceport Camden, near Woodbine, Georgia Availability and Summary of Lists of Subjects in 14 CFR Part 71 during rocket tests, launches, and Documents for Incorporation by Airspace, Incorporation by reference, landing operations. The proposed safety Reference Navigation (air). zones would be necessary to protect This document proposes to amend personnel, vessels, and the marine The Proposed Amendment FAA Order 7400.11B, Airspace environment from potential hazards Designations and Reporting Points, In consideration of the foregoing, the created by rocket launches and dated August 3, 2017, and effective Federal Aviation Administration landings, and by various rocket tests. September 15, 2017. FAA Order proposes to amend 14 CFR part 71 as DATES: Your comments and related 7400.11B is publicly available as listed follows: material must reach the Coast Guard on in the ADDRESSES section of this or before October 11, 2018. document. FAA Order 7400.11B lists PART 71 —DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; ADDRESSES: You may submit comments Class A, B, C, D, and E airspace areas, identified by docket number USCG– air traffic service routes, and reporting AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 2018–0845 using the Federal portal at points. http://www.regulations.gov. See the The Proposal ■ 1. The authority citation for part 71 ‘‘Public Participation and Request for The FAA is considering an continues to read as follows: Comments’’ portion of the amendment to Title 14 Code of Federal Authority: 49 U.S.C. 106(f), 106(g); 40103, SUPPLEMENTARY INFORMATION section for Regulations (14 CFR) part 71 to establish 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, further instructions on submitting Class E airspace extending upward from 1959–1963 Comp., p. 389. comments. 700 feet above the surface within a 7- § 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: If mile radius of Breckinridge County you have questions about this notice of ■ 2. The incorporation by reference in Airport, Hardinsburg, KY, providing the inquiry, call or email LT Joseph 14 CFR 71.1 of Federal Aviation controlled airspace required to support Palmquist, Marine Safety Unit Administration Order 7400.11B, the new RNAV (GPS) standard Savannah, U.S. Coast Guard; telephone Airspace Designations and Reporting instrument approach procedures for IFR 912–652–4353 x221, email Points, dated August 3, 2017, and operations at this airport. [email protected]. effective September 15, 2017, is Class E airspace designations are SUPPLEMENTARY INFORMATION: published in Paragraph 6005 of FAA amended as follows: Order 7400.11B, dated August 3, 2017, Paragraph 6005 Class E Airspace Areas I. Table of Abbreviations and effective September 15, 2017, which Extending Upward From 700 Feet or More CFR Code of Federal Regulations is incorporated by reference in 14 CFR Above the Surface of the Earth. DHS Department of Homeland Security 71.1. The Class D and E airspace * * * * * FR Federal Register

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II. Background and Purpose environment during rocket launches, launch site: Latitude: 30°56′50.67″ N, ° ′ ″ The Board of County Commissioners landings, and rocket test activities. Longitude: 81 30 23.34 W. of Camden County, Georgia proposes to Proposed Launch/Landing Safety Zone III. Information Requested develop and operate a commercial space The geographic area which In support of the applicant’s request launch site, called Spaceport Camden, encompasses all potential launch and to provide for the public safety in in an unincorporated area of Camden trajectories and accounts for the largest connection with potential operations at County, Georgia, approximately 11.5 possible launch vehicle is defined by Spaceport Camden, the COTP Savannah miles due east of the town of Woodbine, nine total corner points, identified is seeking comments from interested Georgia. The site, near Floyd Creek, is below. Individual launch safety zones persons on the establishment of two on the coast, surrounded by salt could be smaller dependent upon proposed safety zones on the navigable marshes to the east and south, and the aspects unique to each launch activity, waters surrounding Spaceport Camden, Satilla River to the north. In support of such as specific launch trajectories and in the vicinity of Woodbine, Georgia. Spaceport Camden, the Board of County the size of each launch vehicle: These safety zones would be enforced Commissioners of Camden County, 1. In vicinity of the western portion of during rocket launches, landings, and Georgia requested that the Coast Guard various rocket tests. Launch/landing establish safety zones which would be Shellbine Creek, south of Union Carbide Rd, Latitude: 30°54′17.0″ N, safety zones would support launch/ enforced during launch, landing, and ° ′ ″ landing activities while test site safety rocket test activities at the site. Longitude: 81 30 45.0 W 2. In vicinity of Cabin Bluff, at the end zones would support rocket test The Coast Guard establishes safety activities. Vessels, both commercial and zones over areas of water and/or shore of Union Carbide Rd, Latitude: 30°53′6.75″ N, Longitude: recreational, would be prohibited from for safety or environmental purposes ° ′ ″ entering, transiting through, anchoring pursuant to the authority contained in 81 30 56.5 W 3. Cumberland River, just west of in, or remaining within the safety zone 33 CFR part 165. A safety zone is a Cumberland Island, approximately unless specifically authorized by the ‘‘. . . water area, shore area, or water 2 nautical miles (2.3 miles) north of COTP Savannah or a designated and shore area to which, for safety or Stafford Island, Latitude: representative. environmental purposes, access is 30°50′56.15″ N, Longitude: For launch activities, the safety zone limited to authorized persons, vehicles, 81°28′39.4″ W is anticipated to be in effect for or vessels.’’ 4. Plum Orchard—West side of approximately four to six hours for The applicants for Spaceport Camden Cumberland Island, approximately medium-large launchers, but not longer propose up to 12 annual launches and 1.5 nautical miles (1.7 miles) south than 12 hours. For small launches, the landings during daylight hours, with of Table Point, Latitude: safety zone is anticipated to be in effect one possible nighttime launch per year, 30°51′22.12″ N, Longitude: for two to three hours. A safety zone for of liquid-fueled, small to medium-large 81°27′55.3″ W rocket test activity is anticipated to be lift-class, orbital and suborbital vertical 5. Kings Bottom Trail Head—West side in effect for approximately 60 minutes launch vehicles. In support of the of Cumberland Island, or less. The COTP Savannah or a proposed launches, the applicants for approximately 1 nautical mile (1.15 designated representative would inform Spaceport Camden propose up to 12 miles) south of Table Point, the public through broadcast notice to static fire engine tests per year. Launch Latitude: 30°51′58.53″ N, mariners of the enforcement periods of trajectories would vary from 83 to 115 Longitude: 81°27′44.8″ W the safety zone. degrees for vehicles up to and including 6. Offshore—Approximately 13 nautical IV. Public Participation and Request for medium-large lift class. Because the miles (15 miles) east of the southern Comments trajectory of these launches would take portion of Cumberland Island; the rockets over various navigable approximately 5 nautical miles We encourage you to submit waterways, creeks and tributaries, (5.75 miles) northeast of St. Mary’s comments through the Federal portal at sections of land, and areas offshore, entrance buoy, Latitude: 30°46′1.80″ http://www.regulations.gov. If your applicants are required to limit or N, Longitude: 81°10′15.5″ W material cannot be submitted using restrict access to certain areas 7. Offshore—Approximately 10 nautical http://www.regulations.gov, contact the surrounding a rocket test/launch site miles (11.5 miles) east of Jekyll person in the FOR FURTHER INFORMATION based on specific hazard analysis. The Point; approximately 3.5 nautical CONTACT section of this document for applicant’s request to establish safety miles (4 miles) southeast of St. alternate instructions. In your zones during rocket launches, landings, Simons Sound entrance buoy, submission, please include the docket and various tests is one element in Latitude: 31°01′33.65″ N, number for this notice of inquiry and meeting these safety requirements. Longitude: 81°10′15.5″ W provide a reason for each suggestion or The range of potential safety zones for 8. St. Andrew Sound—600 yards south recommendation. launch and landing activities of Jekyll Point, Latitude: 31°00′23.6″ We accept anonymous comments. All encompasses an area which accounts for N, Longitude: 81°26′4.75″ W comments received will be posted safety concerns associated with all 9. In vicinity of Todd Creek, without change to http:// potential launch trajectories. Individual approximately 1 nautical mile (1.15 www.regulations.gov and will include launch safety zones could be smaller miles) west of Floyd Basin, any personal information you have and depend on several factors unique to Latitude: 30°57′38.0″ N, Longitude: provided. For more about privacy and each event, such as actual trajectory, lift 81°32′25.5″ W the docket, visit http:// class, and payload. The range of www.regulations.gov/privacyNotice. potential safety zones for rocket tests Proposed Test Activity Safety Zone Documents mentioned in this notice encompasses a smaller area directly The proposed safety zone for test of inquiry as being available in the around the commercial space launch activities encompasses an area within a docket, and all public comments, will site. In all instances, the proposed safety one nautical mile (1.15 miles) radius in be in our online docket at http:// zones would be necessary to safeguard each direction from the location of the www.regulations.gov and can be viewed persons, property, and the marine launch site pad. The location of the by following that website’s instructions.

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We plan to hold a public meeting to D=NOAA-NMFS-2018-0097, click the 2019 Proposed Quotas receive oral comments on this notice of ‘‘Comment Now!’’ icon, complete the This proposed rule would adjust the inquiry and will announce the date, required fields, and enter or attach your quota levels for the different shark time, and location in a separate comments. stocks and management groups for the document published in the Federal • Mail: Submit written comments to 2019 Atlantic commercial shark fishing Register. If you signed up for docket Brad McHale, NMFS/SF1, 1315 East- year based on over- and underharvests email alerts mentioned in the paragraph West Highway, National Marine that occurred during the 2018 fishing above, you will receive an email notice Fisheries Service, SSMC3, Silver Spring, year, consistent with existing when the public meeting notice is MD 20910. regulations at 50 CFR 635.27(b). Over- published and placed in the docket. Instructions: Comments sent by any and underharvests are accounted for in Dated: September 4, 2018. other method, to any other address or the same region, sub-region, and/or N.C. Witt, individual, or received after the end of fishery in which they occurred the Commander, U.S. Coast Guard, Captain of the comment period, may not be following year, except that large the Port Savannah. considered by NMFS. All comments overharvests may be spread over a [FR Doc. 2018–19661 Filed 9–10–18; 8:45 am] received are a part of the public record number of subsequent fishing years up BILLING CODE 9110–04–P and will generally be posted for public to a maximum of five years. Shark viewing on www.regulations.gov stocks that are overfished, have without change. All personal identifying overfishing occurring, or have an DEPARTMENT OF COMMERCE information (e.g., name, address, etc.), unknown status, as well as management confidential business information, or groups that contain one or more stocks National Oceanic and Atmospheric otherwise sensitive information that are overfished, have overfishing Administration submitted voluntarily by the sender will occurring, or have an unknown stock be publicly accessible. NMFS will status, will not have underharvest 50 CFR Part 635 accept anonymous comments (enter ‘‘N/ carried over in the following year. Stocks or management groups that are [Docket No. 180517486–8772–01] A’’ in the required fields if you wish to remain anonymous). not overfished and have no overfishing RIN 0648–XG263 occurring may have any underharvest Copies of this proposed rule and carried over in the following year, up to Atlantic Highly Migratory Species; supporting documents are available 50 percent of the base quota. 2019 Atlantic Shark Commercial from the HMS Management Division Based on harvests to date, and after Fishing Year website at https://www.fisheries.noaa. considering catch rates and landings gov/topic/atlantic-highly-migratory- from previous years, NMFS proposes to AGENCY: National Marine Fisheries species or by contacting Lauren adjust the 2019 quotas for some Service (NMFS), National Oceanic and Latchford or Chante´ Davis by phone at management groups as shown in Table Atmospheric Administration (NOAA), (301) 427–8503. 1. In the final rule, NMFS will adjust the Commerce. FOR FURTHER INFORMATION CONTACT: quotas as needed based on dealer ACTION: Proposed rule; request for Karyl Brewster-Geisz, Lauren Latchford, reports received by mid-October 2018. comments. or Chante´ Davis at (301) 427–8503. Thus, all of the 2019 proposed quotas for the respective stocks and SUMMARY: This proposed rule would SUPPLEMENTARY INFORMATION: management groups will be subject to establish quotas, opening dates, and further adjustment after NMFS retention limits for the 2019 fishing year Background considers the dealer reports through for the Atlantic commercial shark The Atlantic commercial shark mid-October. All dealer reports that are fisheries. Quotas would be adjusted as fisheries are managed under the received after the October date will be required or allowable based on any authority of the Magnuson-Stevens used to adjust 2020 quotas, as over- and/or underharvests experienced Fishery Conservation and Management appropriate. during the 2018 fishing year. In Act (Magnuson-Stevens Act). The 2006 While the sub-quota for the western addition, NMFS proposes opening dates Consolidated Atlantic Highly Migratory Gulf of Mexico aggregated large coastal and commercial retention limits based Species (HMS) Fishery Management shark (LCS) was exceeded this year, on adaptive management measures to Plan (FMP) and its amendments are based on current landings in the eastern provide, to the extent practicable, implemented by regulations at 50 CFR Gulf of Mexico for that management fishing opportunities for commercial part 635. For the Atlantic commercial group and based on catch rates from shark fishermen in all regions and areas. shark fisheries, the 2006 Consolidated previous years from the eastern Gulf of The proposed measures could affect HMS FMP and its amendments Mexico, NMFS does not believe the fishing opportunities for commercial established commercial shark retention overall regional Gulf of Mexico shark fishermen in the northwestern limits, commercial quotas for species aggregated LCS quota will be exceeded. Atlantic Ocean, including the Gulf of and management groups, and Thus, NMFS proposes the base line Mexico and Caribbean Sea. accounting measures for under- and quotas for the eastern and western Gulf DATES: Written comments must be overharvests for the shark fisheries. The of Mexico sub-regions. If catch rates in received by October 11, 2018. FMP also includes adaptive the eastern Gulf of Mexico increase, it ADDRESSES: You may submit comments management measures, such as flexible is possible that in the final rule NMFS on this document, identified by NOAA– opening dates for the fishing year and would need to reduce the western Gulf NMFS–2018–0097, by any of the inseason adjustments to shark trip of Mexico sub-regional aggregated LCS following methods: limits, which provide management quota to account for that sub-region’s • Electronic Submission: Submit all flexibility in furtherance of equitable overharvest. electronic public comments via the fishing opportunities, to the extent Because the Gulf of Mexico blacktip Federal e-Rulemaking Portal. Go to practicable, for commercial shark shark management group and www.regulations.gov/#!docketDetail; fishermen in all regions and areas. smoothhound shark management groups

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in the Gulf of Mexico and Atlantic Amendment 6 to the 2006 Consolidated unknown status. Furthermore, with the regions have been determined not to be Atlantic Highly Migratory Species exception of the sub-regional western overfished, and to have no overfishing (HMS) Fishery Management Plan (FMP). Gulf of Mexico overharvest of the occurring, available underharvest (up to For the sandbar shark, aggregated aggregated LCS quota described above, 50 percent of the base quota) from the large coastal shark (LCS), hammerhead there were no overharvests to account 2018 fishing year for these management shark, non-blacknose small coastal for in these management groups. Thus, groups may be applied to the respective shark (SCS), blacknose shark, blue NMFS proposes that quotas for these 2019 quotas. NMFS proposes to account shark, porbeagle shark, and pelagic management groups be equal to the shark (other than porbeagle or blue for any underharvest of Gulf of Mexico annual base quota without adjustment. sharks) management groups, the 2018 blacktip sharks by dividing underharvests cannot be carried over to The proposed 2019 quotas by species underharvest between the eastern and the 2019 fishing year because those and management group are summarized western Gulf of Mexico sub-regional stocks or management groups have been in Table 1; the description of the quotas based on the sub-regional quota determined to be overfished, overfished calculations for each stock and split percentage implemented in with overfishing occurring, or have an management group can be found below. TABLE 1—2019 PROPOSED QUOTAS AND OPENING DATES FOR THE ATLANTIC SHARK MANAGEMENT GROUPS [All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. Table includes landings data as of July 13, 2018; final quotas are subject to change based on landings as of October 2018. 1 mt = 2,204.6 lb.]

Region or Preliminary 2018 2 2019 base 2019 proposed sub-region Management group 2018 Annual quota landings Adjustments Annual quota annual quota

(A) (B) 1 (C) (D) (D + C)

Western Gulf of Blacktip Sharks ...... 347.2 mt dw ...... 330.2 mt dw ...... 34.6 mt dw 3 ...... 231.0 mt dw ...... 265.6 mt dw. Mexico. 765,392 lb dw ...... 727,992 lb dw ...... 76,401 lb dw ...... 510,261 lb dw ...... 586,662.2 lb dw. Aggregated Large Coastal Sharks ... 72 mt dw ...... 92.2 mt dw ...... 72.0 mt dw ...... 72.0 mt dw. 158,724 lb dw ...... 203,400 lb dw ...... 158,724 lb dw ...... 158,724 lb dw. Hammerhead Sharks ...... 11.9 mt dw ...... 11.0 mt dw ...... 11.9 mt dw ...... 11.9 mt dw. 26,301 lb dw ...... 24,292 lb dw ...... 26,301 lb dw ...... 26,301 lb dw. Eastern Gulf of Blacktip Sharks ...... 37.7 mt dw ...... 16.3 mt dw ...... 3.8 mt dw 3 ...... 25.1 mt dw ...... 28.9 mt dw. Mexico. 83,158 lb dw ...... 35,856 lb dw ...... 8,301 lb dw ...... 55,439 lb dw ...... 63,740 lb dw Aggregated Large Coastal Sharks ... 85.5 mt dw ...... 37.5 mt dw ...... 85.5 mt dw ...... 85.5 mt dw. 188,593 lb dw ...... 82,751 lb dw ...... 188,593 lb dw ...... 188,593 lb dw. Hammerhead Sharks ...... 13.4 mt dw ...... 6.2 mt dw ...... 13.4 mt dw ...... 13.4 mt dw. 29,421 lb dw ...... 13,696 lb dw ...... 29,421 lb dw ...... 29,421 lb dw. Gulf of Mexico ..... Non-Blacknose Small Coastal 112.6 mt dw ...... 27.5 mt dw ...... 112.6 mt dw ...... 112.6. mt dw. Sharks. 248,215 lb dw ...... 60,731 lb dw ...... 248,215 lb dw ...... 248,215 lb dw. Smoothhound Sharks ...... 504.6 mt dw ...... 0 mt dw ...... 168.2 mt dw ...... 336.4 mt dw ...... 504.6 mt dw. 1,112,441 lb dw .... 0 lb dw ...... 370,814 lb dw ...... 741,627 lb dw ...... 1,112,441 lb dw. Atlantic ...... Aggregated Large Coastal Sharks ... 168.9 mt dw ...... 45.9 mt dw ...... 168.9 mt dw ...... 168.9 mt dw. 372,552 lb dw ...... 101,245 lb dw ...... 372,552 lb dw ...... 372,552 lb dw. Hammerhead Sharks ...... 27.1 mt dw ...... 4.9 mt dw ...... 27.1 mt dw ...... 27.1 mt dw. 59,736 lb dw ...... 10,777 lb dw ...... 59,736 lb dw ...... 59,736 lb dw. Non-Blacknose Small Coastal 264.1 mt dw ...... 55.1 mt dw ...... 264.1 mt dw ...... 264.1 mt dw. Sharks. 582,333 lb dw ...... 121,385 lb dw ...... 582,333 lb dw ...... 582,333 lb dw Blacknose Sharks (South of 34° N 17.2 mt dw ...... 3.4 mt dw ...... 17.2 mt dw ...... 17.2 mt dw lat. only). (37,921 lb dw) ...... 7,501 lb dw ...... 37,921 lb dw ...... 3,7921 lb dw. Smoothhound Sharks ...... 1802.6 mt dw ...... 261.4 mt dw ...... 600.85 mt dw ...... 1201.7 mt dw ...... 1802.55 mt dw. 3,971,587 lb dw .... 576,181 lb dw ...... 1,324,634 lb dw .... 2,649,268 lb dw .... 3,973,902 lb dw. No regional Non-Sandbar LCS Research ...... 50.0 mt dw ...... 11.2 mt dw ...... 50.0 mt dw ...... 50.0 mt dw. quotas. 110,230 lb dw ...... 24,799 lb dw ...... 110,230 lb dw ...... 110,230 lb dw. Sandbar Shark Research ...... 90.7 mt dw ...... 31.0 mt dw ...... 90.7 mt dw ...... 90.7 mt dw. 199,943 lb dw ...... 68,443 lb dw ...... 199,943 lb dw ...... 199,943 lb dw. Blue Sharks ...... 273.0 mt dw ...... <13.6 mt dw ...... 273.0 mt dw ...... 273.0 mt dw. 601,856 lb dw ...... (<30,000 lb dw) ...... 601,856 lb dw ...... 601,856 lb dw. Porbeagle Sharks ...... 1.7 mt dw ...... 0 mt dw ...... 1.7 mt dw ...... 1.7 mt dw. 3,748 lb dw ...... 0 lb dw ...... 3,748 lb dw ...... 3,748 lb dw. Pelagic Sharks Other Than 488.0 mt dw ...... 38.1 mt dw ...... 488.0 mt dw ...... 488.0 mt dw. Porbeagle or Blue sharks. 1,075,856 lb dw .... 83,896 lb dw ...... 1,075,856 lb dw .... 1,075,856 lb dw. 1 Landings are from January 1, 2018, through July 13, 2018, and are subject to change. 2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the underharvest adjustments cannot exceed 50 percent of the base quota. 3 This proposed rule would increase the overall Gulf of Mexico blacktip shark quota due to an overall underharvest of 38.4 mt dw (84,702 lb dw) in 2018. The over- all quota would be split based on percentages that are allocated to each sub-region, as explained in the text.

1. Proposed 2019 Quotas for the Gulf of blacktip sharks in the western Gulf of closed on March 13, 2018 (83 FR Mexico Region Shark Management Mexico sub-region were at 95 percent 10802). Gulf of Mexico blacktip sharks Groups (330.2 mt dw) of their 2018 quota levels have not been declared to be overfished, (347.2 mt dw), while the blacktip sharks to have overfishing occurring, or to have The 2019 proposed commercial quota in the eastern Gulf of Mexico sub-region an unknown status. Pursuant to for blacktip sharks in the western Gulf were at 43 percent (16.3 mt dw) of their § 635.27(b)(2)(ii), underharvests for of Mexico sub-region is 265.6 mt dw 2018 quota levels (37.7 mt dw). blacktip sharks within the Gulf of (586,662 lb dw) and the eastern Gulf of Mexico sub-region is 28.9 mt dw (63,740 Reported landings have not exceeded Mexico region therefore could be lb dw; Table 1). As of July 13, 2018, the 2018 quota to date, and the western applied to the 2019 quotas up to 50 preliminary reported landings for Gulf of Mexico sub-region fishery was percent of the base quota. Additionally,

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any underharvest would be divided dw) of their 2018 quota levels (11.9 mt Gulf of Mexico smoothhound shark between the two sub-regions, based on dw), while landings of hammerhead quota to adjust for anticipated the percentages that are allocated to sharks in the eastern Gulf of Mexico underharvests in 2018 as allowed. The each sub-region, which are set forth in sub-region were at 47 percent (6.2 mt proposed 2019 adjusted base annual § 635.27(b)(1)(ii)(C). To date, the overall dw) of their 2018 quota levels (13.4 mt quota for Gulf of Mexico smoothhound Gulf of Mexico blacktip shark dw). Reported landings from both Gulf sharks is 504.6 mt dw (336.4 mt dw management group is underharvested by of Mexico and Atlantic regions have not annual base quota + 168.2 mt dw 2018 38.4 mt dw (84,702 lb dw). Accordingly, exceeded the 2018 overall hammerhead underharvest = 504.6 mt dw 2019 the western Gulf of Mexico blacktip quota to date, and the western adjusted annual quota). shark quota would be increased by 34.6 hammerhead shark Gulf of Mexico sub- 2. Proposed 2019 Quotas for the mt dw or 90.2 percent of the region fishery was closed on March 13, Atlantic Region Shark Management underharvest, while the eastern Gulf of 2018 (83 FR 10802). Given the Groups Mexico blacktip shark sub-regional overfished status of the scalloped quota would be increased by 3.8 mt dw, hammerhead shark, the hammerhead The 2019 proposed commercial quota or 9.8 percent of the underharvest shark quota cannot be adjusted for any for aggregated LCS in the Atlantic region (Table 1). Thus, the proposed western underharvests. Therefore, based on both is 168.9 mt dw (372,552 lb dw). As of sub-regional Gulf of Mexico blacktip preliminary estimates and catch rates July 13, 2018, the aggregated LCS shark commercial quota is 265.6 mt dw from previous years, the fact that the fishery in the Atlantic region is still (586,662 lb dw), and the proposed 2018 overall hammerhead shark quota open and preliminary landings indicate eastern sub-regional Gulf of Mexico has not been overharvested to date, and that only 27 percent of the quota, or 45.9 blacktip shark commercial quota is 28.9 consistent with the current regulations mt dw, has been harvested. Given the mt dw (63,740 lb dw). at § 635.27(b)(2)(ii), NMFS proposes that unknown status of some of the shark The 2019 proposed commercial quota the 2019 quotas for hammerhead sharks species within the Atlantic aggregated for aggregated LCS in the western Gulf in the western Gulf of Mexico and LCS management group, underharvests of Mexico sub-region is 72.0 mt dw eastern Gulf of Mexico sub-regions be cannot be carried over pursuant to (158,724 lb dw), and the eastern Gulf of equal to their annual base quotas § 635.27(b)(2)(ii). Therefore, based on Mexico sub-region is 85.5 mt dw without adjustment. both preliminary estimates and catch (188,593 lb dw; Table 1). As of July 13, The 2019 proposed commercial quota rates from previous years, and 2018, preliminary reported landings for for non-blacknose SCS in the Gulf of consistent with current regulations at aggregated LCS in the western Gulf of Mexico region is 112.6 mt dw (248,215 § 635.27(b)(2), NMFS proposes that the Mexico sub-region were at 128 percent lb dw). As of July 13, 2018, preliminary 2018 quota for aggregated LCS in the (92.2 mt dw) of their 2018 quota levels reported landings of non-blacknose SCS Atlantic region be equal to the annual (72.0 mt dw), while the aggregated LCS were at 24 percent (27.5 mt dw) of their base quota without adjustment, because in the eastern Gulf of Mexico sub-region 2018 quota level (112.6 mt dw) in the there have not been any overharvests were at 44 percent (37.5 mt dw) of their Gulf of Mexico region. Reported and underharvests cannot be carried 2018 quota levels (85.5 mt dw). landings have not exceeded the 2018 over due to stock status. Reported landings have not exceeded quota to date. Given the unknown status The 2019 proposed commercial quota the overall Gulf of Mexico regional 2018 of bonnethead sharks within the Gulf of for hammerhead sharks in the Atlantic quota to date, and the western Mexico non-blacknose SCS management region is 27.1 mt dw (59,736 lb dw). aggregated LCS sub-region fishery was group, underharvests cannot be carried Currently, the hammerhead shark closed on March 13, 2018 (83 FR forward pursuant to § 635.27(b)(2)(ii). fishery in the Atlantic region is still 10802). Given the unknown status of Therefore, based on both preliminary open and preliminary landings as of some of the shark species within the estimates and catch rates from previous July 13, 2018, indicate that only 18 Gulf of Mexico aggregated LCS years, and consistent with the current percent of the Atlantic regional quota, or management group, underharvests regulations at § 635.27(b)(2), NMFS 4.9 mt dw, has been harvested. Reported cannot be carried over pursuant to proposes that the 2019 quota for non- landings from both Gulf of Mexico and § 635.27(b)(2)(ii). Therefore, based on blacknose SCS in the Gulf of Mexico Atlantic regions have not exceeded the both preliminary estimates and catch region be equal to the annual base quota 2018 overall hammerhead quota to date. rates from previous years, and without adjustment, because there have Given the overfished status of consistent with the current regulations not been any overharvests and because hammerhead sharks, underharvests at § 635.27(b)(2), NMFS proposes that underharvests cannot be carried over cannot be carried forward pursuant to the 2019 quotas for aggregated LCS in due to stock status. § 635.27(b)(2)(ii). Therefore, based on the western Gulf of Mexico and eastern The 2019 proposed commercial quota both preliminary estimates and catch Gulf of Mexico sub-regions be equal to for smoothhound sharks in the Gulf of rates from previous years, and their annual base quotas without Mexico region is 504.6 mt dw (1,112,441 consistent with the current regulations adjustment, because the overall regional lb dw). As of July 13, 2018, there are no at § 635.27(b)(2), NMFS proposes that quota has not been overharvested and preliminary reported landings of the 2019 quota for hammerhead sharks because underharvests cannot be carried smoothhound sharks in the Gulf of in the Atlantic region be equal to the over due to stock status. Mexico region. Gulf of Mexico annual base quota without adjustment, The 2019 proposed commercial smoothhound sharks have not been because the overall hammerhead shark quotas for hammerhead sharks in the declared to be overfished, to have quota has not been overharvested, and western Gulf of Mexico sub-region and overfishing occurring, or to have an because underharvests cannot be carried eastern Gulf of Mexico sub-region are unknown status. Pursuant to over due to stock status. 11.9 mt dw (26,301 lb dw) and 13.4 mt § 635.27(b)(2)(ii), underharvests for The 2019 proposed commercial quota dw (29,421 lb dw), respectively (Table smoothhound sharks within the Gulf of for non-blacknose SCS in the Atlantic 1). As of July 13, 2018, preliminary Mexico region therefore could be region is 264.1 mt dw (582,333 lb dw). reported landings for hammerhead applied to the 2019 quotas up to 50 As of July 13, 2018, preliminary sharks in the western Gulf of Mexico percent of the base quota. Accordingly, reported landings of non-blacknose SCS sub-region were at 92 percent (11.0 mt NMFS proposes to increase the 2019 were at 21 percent (55.1 mt dw) of their

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2018 quota level in the Atlantic region. 3. Proposed 2019 Quotas for Shark 4. Proposed Opening Dates and Reported landings have not exceeded Management Groups With No Regional Retention Limits for the 2019 Atlantic the 2018 quota to date. Given the Quotas Commercial Shark Fishing Year unknown status of bonnethead sharks The 2019 proposed commercial For each fishery, NMFS considered within the Atlantic non-blacknose SCS the seven ‘‘Opening Commercial Fishing quotas within the shark research fishery management group, underharvests Season Criteria’’ listed at § 635.27(b)(3). are 50 mt dw (110,230 lb dw) for cannot be carried forward pursuant to The Criteria includes factors such as the research LCS and 90 mt dw (199,943 lb § 635.27(b)(2)(ii). Therefore, based on available annual quotas for the current dw) for sandbar sharks. Within the preliminary estimates of catch rates fishing season, estimated season length shark research fishery, as of July 13, from previous years, and consistent and average weekly catch rates from 2018, preliminary reported landings of with the current regulations at previous years, length of the season and research LCS were at 22 percent (11.2 § 635.27(b)(2), NMFS proposes that the fishery participation in past years, mt dw) of their 2018 quota levels, and 2019 quota for non-blacknose SCS in the impacts to accomplishing objectives of sandbar shark reported landings were at Atlantic region be equal to the annual the 2006 Consolidated Atlantic HMS 34 percent (31.0 mt dw) of their 2018 FMP and its amendments, temporal base quota without adjustment, because quota levels. Reported landings have not there have not been any overharvests, variation in behavior or biology of target exceeded the 2018 quotas to date. Under species (e.g., seasonal distribution or and because underharvests cannot be § 635.27(b)(2)(ii), because sandbar carried over due to stock status. abundance), impact of catch rates in one sharks and scalloped hammerhead region on another, and effects of delayed The 2019 proposed commercial quota sharks within the research LCS openings. for blacknose sharks in the Atlantic management group have been NMFS applied the Opening region is 17.2 mt dw (37,921 lb dw). determined to be either overfished or Commercial Fishing Season Criteria by This quota is available in the Atlantic overfished with overfishing occurring, examining the over- and underharvests region only for those vessels operating underharvests for these management of the different management groups in south of 34° N. latitude. North of 34° N. groups cannot be carried forward to the the 2018 fishing year to determine the latitude, retention, landing, or sale of 2019 quotas. Therefore, based on likely effects of the proposed blacknose sharks is prohibited. As of preliminary estimates, and consistent commercial quotas for 2019 on shark July 13, 2018, preliminary reported with the current regulations at stocks and fishermen across regional landings of blacknose sharks were at 20 § 635.27(b)(2), NMFS proposes that the and sub-regional fishing areas. NMFS percent (3.4 mt dw) of their 2018 quota 2019 quota in the shark research fishery also examined the potential season levels in the Atlantic region. Reported be equal to the annual base quota length and previous catch rates to landings have not exceeded the 2018 without adjustment because there have ensure, to the extent practicable, that quota to date. Pursuant to § 635.27(b)(2), not been any overharvests, and because equitable fishing opportunities be because blacknose sharks have been underharvests cannot be carried over provided to fishermen in all areas. declared to be overfished with due to stock status. Lastly, NMFS examined the seasonal overfishing occurring in the Atlantic The 2019 proposed commercial variation of the different species/ management groups and the effects on region, NMFS could not carry forward quotas for blue sharks, porbeagle sharks, fishing opportunities. the remaining underharvest. Therefore, and pelagic sharks (other than porbeagle NMFS also considered the six NMFS proposes that the 2019 Atlantic or blue sharks) are 273.0 mt dw (601,856 ‘‘Inseason trip limit adjustment criteria’’ blacknose shark quota be equal to the lb dw), 1.7 mt dw (3,748 lb dw), and listed at § 635.24(a)(8) for directed shark annual base quota without adjustment. 488.0 mt dw (1,075,856 lb dw), limited access permit holders intending The 2019 proposed commercial quota respectively. As of July 13, 2018, to land LCS other than sandbar sharks. for smoothhound sharks in the Atlantic preliminary reported landings of blue Those criteria are: the amount of region is 1,802.6 mt dw (3,973,902 lb sharks were at less than 5 percent (less remaining shark quota in the relevant dw). As of July 13, 2018, preliminary than 13.6 mt dw) of their 2018 quota area or region, to date, based on dealer reported landings of smoothhound level (273.0 mt dw), there are no reports; the catch rates of the relevant preliminary reported landings of sharks were at 14 percent (261.4 mt dw) shark species/complexes, to date, based porbeagle sharks, and landings of of their 2018 quota levels in the Atlantic on dealer reports; estimated date of pelagic sharks (other than porbeagle and region. Atlantic smoothhound sharks fishery closure based on when the blue sharks) were at 8 percent (38.1 mt have not been declared to be overfished, landings are projected to reach 80- dw) of their 2018 quota level (488.0 mt to have overfishing occurring, or to have percent of the available overall, dw). Given that these pelagic species are an unknown status. Pursuant to regional, and/or sub-regional quota, if overfished, have overfishing occurring, § 635.27(b)(2)(ii), underharvests for the fishery’s landings are not projected or have an unknown status, to reach 100 percent of the applicable smoothhound sharks within the Atlantic underharvests cannot be carried forward quota before the end of the season, or region therefore could be applied to the pursuant to § 635.27(b)(2)(ii). Therefore, when the season of a quota-linked 2019 quotas up to 50 percent of the base based on preliminary estimates and management group is closed; effects of quota. Accordingly, NMFS proposes to consistent with the current regulations the adjustment on accomplishing the increase the 2019 Atlantic smoothhound at § 635.27(b)(2), NMFS proposes that objectives of the 2006 Consolidated shark quota to adjust for anticipated the 2019 quotas for blue sharks, Atlantic HMS FMP and its amendments; underharvests in 2018 as allowed. The porbeagle sharks, and pelagic sharks variations in seasonal distribution, proposed 2019 adjusted base annual (other than porbeagle and blue sharks) abundance, or migratory patterns of the quota for Atlantic smoothhound sharks be equal to their annual base quotas relevant shark species based on is 1,802.6 mt dw (1,201.7 mt dw annual without adjustment, because there have scientific and fishery-based knowledge; base quota + 600.9 mt dw 2018 not been any overharvests and because and/or effects of catch rates in one part underharvest = 1,802.6 mt dw 2019 underharvests cannot be carried over of a region precluding vessels in another adjusted annual quota). due to stock status. part of that region from having a

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reasonable opportunity to harvest a rule for this action (Table 2). NMFS is trip in the Atlantic region (Table 2). portion of the relevant quota. also proposing to start the 2019 NMFS will consider public comments After considering all these criteria, commercial shark fishing season with received during the current year and NMFS is proposing to open the 2019 the commercial retention limit of 36 catch rates from this year. Any retention Atlantic commercial shark fishing LCS other than sandbar sharks per limits that are proposed could change as season for all shark management groups vessel per trip in both the eastern and a result of public comments as well as in the northwestern Atlantic Ocean, western Gulf of Mexico sub-regions, and catch rates and landings information including the Gulf of Mexico and the a commercial retention limit of 25 LCS based on updated data available when Caribbean Sea, on or about January 1, other than sandbar sharks per vessel per drafting the final rule. 2019, after the publication of the final

TABLE 2—QUOTA LINKAGES, SEASON OPENING DATES, AND COMMERCIAL RETENTION LIMIT BY REGIONAL OR SUB- REGIONAL SHARK MANAGEMENT GROUP

Commercial retention limits for directed Region or sub- Management group Quota linkages Season opening shark limited access permit holders region dates (inseason adjustments are possible)

Western Gulf of Blacktip Sharks ...... Not Linked ...... January 1, 2019 .. 36 LCS other than sandbar sharks per Mexico. Aggregated Large Coastal Sharks Linked ...... vessel per trip. Hammerhead Sharks Eastern Gulf of Blacktip Sharks ...... Not Linked ...... January 1, 2019 .. 36 LCS other than sandbar sharks per Mexico. Aggregated Large Coastal Sharks Linked ...... vessel per trip. Hammerhead Sharks NMFS anticipates an inseason in- crease to 50 large coastal sharks other than sandbar sharks per vessel per trip around April 1, 2019. Gulf of Mexico ...... Non-Blacknose Small Coastal Sharks .. Not Linked ...... January 1, 2019 .. N/A. Smoothhound Sharks ...... Not Linked ...... January 1, 2019 .. N/A. Atlantic ...... Aggregated Large Coastal Sharks ...... Linked ...... January 1, 2019 .. 25 LCS other than sandbar sharks per Hammerhead Sharks vessel per trip. If quota is landed quickly (e.g., if ap- proximately 20 percent of quota is caught at the beginning of the year), NMFS anticipates an inseason re- duction (e.g., to 3 or fewer LCS other than sandbar sharks per vessel per trip), then an inseason increase to 36 LCS other than sandbar sharks per vessel per trip around July 15, 2019. Non-Blacknose Small Coastal Sharks .. Linked (South of January 1, 2019 .. N/A. 34° N lat. only). Blacknose Sharks (South of 34° N lat...... 8 Blacknose sharks per vessel per trip only). (applies to directed and incidental permit holders). Smoothhound Sharks ...... Not Linked ...... January 1, 2019 .. N/A. No regional quotas Non-Sandbar LCS Research Linked ...... January 1, 2019 .. N/A. Sandbar Shark Research ...... Blue Sharks ...... Not Linked ...... January 1, 2019 .. N/A. Porbeagle Sharks Pelagic Sharks Other Than Porbeagle or Blue.

In the Gulf of Mexico region, NMFS different species and/or management listed at § 635.27(b)(3)(v) and proposes opening the fishing season on group in the previous years § 635.24(a)(8)(ii), (v), and (vi)). In 2018, or about January 1, 2019, for the (§ 635.27(b)(3)(ii) and (iii)) and whether the aggregated LCS, hammerhead, and aggregated LCS, blacktip sharks, and fishermen were able to participate in the blacktip shark management groups in hammerhead shark management groups fishery in those years (§ 635.27(b)(3)(v)). the western Gulf of Mexico sub-region with the commercial retention limits of The proposed commercial retention were closed on March 13, 2018 (82 FR 36 LCS other than sandbar sharks per limits take into account the criteria 20447). As such, in 2019, NMFS is vessel per trip for directed shark permit listed in § 635.24(a)(8), and particularly proposing a reduction in the holders in the eastern and western sub- the criterion that NMFS consider the commercial trip limit for these region. This opening date and retention catch rates of the relevant shark species/ management groups in order to ensure limit combination would provide, to the complexes based on dealer reports to the management group is open until at extent practicable, equitable date (§ 635.24(a)(8)(ii)). NMFS may also least April 2019, which is when the opportunities across the fisheries adjust the retention limit in the Gulf of State of Louisiana closes state waters to management sub-regions. This opening Mexico region throughout the season to shark fishing and when that State has date takes into account all the season ensure fishermen in all parts of the previously asked that NMFS close opening criteria listed in § 635.27(b)(3), region have an opportunity to harvest Federal shark fisheries to match state and particularly the criteria that NMFS aggregated LCS, blacktip sharks, and regulations (see the criteria listed at consider the length of the season for the hammerhead sharks (see the criteria § 635.27(b)(3)(vii) and

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§ 635.24(a)(8)(iii)). In the eastern Gulf of in 2019 (§ 635.27(b)(3)(ii) and (iii)). criteria. If the quota is being harvested Mexico, NMFS is proposing a lower trip Based on the recent performance of the too quickly or too slowly, NMFS could limit to ensure fishermen in both Gulf fishery, the January 1 opening date adjust the retention limit appropriately of Mexico sub-regions have an appears to meet the objectives of the to ensure the fishery remains open most opportunity to harvest aggregated LCS, 2006 Consolidated Atlantic HMS FMP of the rest of the year. Since the fishery blacktip sharks, and hammerhead and its amendments (§ 635.27(b)(3)(vi)). is still open with a majority of the quota sharks and to reduce any confusion or Therefore, changing the opening date in available, NMFS will monitor the rest of inequities caused by establishing the fishery seems unnecessary. the fishing year and could make changes different catch limits for each sub- In addition, for the aggregated LCS to the proposed 2019 opening date if region. When the western Gulf of and hammerhead shark management necessary to ensure equitable fishing Mexico sub-region closes, which is groups in the Atlantic region, NMFS opportunities. expected to occur around April 1, 2019, proposes opening the fishing year with All of the shark management groups NMFS may increase the eastern Gulf of the commercial retention limit for would remain open until December 31, Mexico sub-region retention limit, directed shark limited access permit 2019, or until NMFS determines that the potentially up to 50 or 55 sharks per holders of 25 LCS other than sandbar landings for any shark management trip. Modifying the retention limit on an sharks per vessel per trip. This retention group have reached, or are projected to inseason basis in this manner is similar limit should allow fishermen to harvest reach, 80-percent of the available to what NMFS has done successfully in some of the 2019 quota at the beginning overall, regional, and/or sub-regional recent years in the Atlantic region. of the year when sharks are more quota, if the fishery’s landings are not NMFS expects such changes in prevalent in the South Atlantic area (see projected to reach 100 percent of the retention limit to allow fishermen in the the criteria at § 635.24(a)(3)(i), (ii), (v), applicable quota before the end of the eastern Gulf of Mexico the opportunity and (vi)). As was done in 2018, if it season, or when the quota-linked to fully land the available quotas. appears that the quota is being management group is closed. If NMFS harvested too quickly (i.e., about 20 determines that a non-linked shark In the Atlantic region, NMFS percent) to allow directed fishermen species or management group must be proposes opening the aggregated LCS throughout the entire region an closed, then, consistent with and hammerhead shark management opportunity to fish and ensure enough § 635.28(b)(2) for non-linked quotas groups on or about January 1, 2019. This quota remains until later in the year, (e.g., eastern Gulf of Mexico blacktip, opening date is the same date that these NMFS would reduce the commercial western Gulf of Mexico blacktip, Gulf of management groups opened in 2018. As retention limits to incidental levels (3 Mexico non-blacknose SCS, pelagic described below, this opening date also LCS other than sandbar sharks per sharks, or the Atlantic or Gulf of Mexico takes into account all the criteria listed vessel per trip) or another level smoothhound sharks), NMFS will in § 635.27(b)(3), and particularly the calculated to reduce the harvest of LCS publish in the Federal Register a notice criterion that NMFS consider the effects taking into account § 635.27(b)(3) and of closure for that shark species, shark of catch rates in one part of a region the inseason trip limit adjustment management group, region, and/or sub- precluding vessels in another part of criteria listed in § 635.24(a)(8). If the region that will be effective no fewer that region from having a reasonable quota continues to be harvested quickly, than four days from the date of filing (83 opportunity to harvest a portion of the NMFS could reduce the retention limit FR 31677). For the blacktip shark different species and/or management to 0 LCS other than sandbar sharks per management group, regulations at quotas (§ 635.27(b)(3)(v)). The 2018 data vessel per trip to ensure enough quota § 635.28(b)(5)(i) through (v) authorize indicates that an opening date of remains until later in the year. If either NMFS to close the management group January 1, coupled with inseason situation occurs, NMFS would publish before landings reach, or are expected to adjustments to the retention limit, in the Federal Register notification of reach, 80-percent of the available provided a reasonable opportunity for any inseason adjustments of the overall, regional, and/or sub-regional fishermen in every part of each region retention limit to an appropriate limit of quota, after considering the following to harvest a portion of the available sharks per trip. In 2018, NMFS reduced criteria and other relevant factors: quotas (§ 635.27(b)(3)(i)) while the retention limit to 3 LCS other than Season length based on available sub- accounting for variations in seasonal sandbar sharks on May 10, 2018 (83 FR regional quota and average sub-regional distribution of the different species in 21744) when the aggregated LCS catch rates; variability in regional and/ the management groups landings reached approximately 20 or sub-regional seasonal distribution, (§ 635.27(b)(3)(iv)). In 2018, when the percent of the aggregated LCS quota, abundance, and migratory patterns; aggregated LCS quota was harvested too and did not need to reduce it further. effects on accomplishing the objectives quickly, NMFS reduced the retention Also, as was done in 2018, NMFS will of the 2006 Consolidated Atlantic HMS limit to three sharks per trip (May 10, consider increasing the commercial FMP and its amendments; amount of 2018; 83 FR 17765) to allow fishermen retention limits per trip at a later date remaining shark quotas in the relevant in the North Atlantic an opportunity to if necessary to provide fishermen in the sub-region; and regional and/or sub- fish later in the year when sharks are northern portion of the Atlantic region regional catch rates of the relevant shark available in the North Atlantic area (see an opportunity to retain aggregated LCS species or management groups. From the criteria at § 635.24(a)(3)(i), (ii), (v), and hammerhead sharks after the effective date and time of the closure and (vi)). NMFS then increased the considering the appropriate inseason until NMFS announces, via the retention limit to 36 sharks per trip on adjustment criteria. Similarly, at some publication of a notice in the Federal July 18, 2018 (83 FR 33870), to increase point later in the year (e.g., July 15), Register, that additional quota is fishing opportunities for all fishermen potentially equivalent to how the 2018 available and the season is reopened, across the Atlantic region. Because the fishing season operated, NMFS may the fisheries for the shark species or quotas we propose for 2019 are the same consider increasing the retention limit management group are closed, even as the quotas in 2018, NMFS expects to 36 LCS other than sandbar sharks per across fishing years. that the season lengths and therefore the vessel per trip or another amount, as If NMFS determines that a linked participation of various fishermen deemed appropriate, after considering shark species or management group throughout the region, would be similar the inseason trip limit adjustment must be closed, then, consistent with

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§ 635.28(b)(3) for linked quotas and the and to advise the Agency of their SBA’s regulations for an agency to Final Rule to Revise Atlantic Highly concurrence. NMFS received develop its own industry-specific size Migratory Species Shark Fishery concurrence with the consistency standards after consultation with Closure Regulations (83 FR 31677), determinations from several states and Advocacy and an opportunity for public NMFS will publish in the Federal inferred consistency from those states comment (see 13 CFR 121.903(c)). Register a notice of closure for all of the that did not respond within the 60-day Under this provision, NMFS may species and/or management groups in a time period. This proposed action to establish size standards that differ from linked group that will be effective no establish opening dates and adjust those established by the SBA Office of fewer than four days from date of filing. quotas for the 2019 fishing year for the Size Standards, but only for use by From the effective date and time of the Atlantic commercial shark fisheries NMFS and only for the purpose of closure until NMFS announces, via the does not change the framework conducting an analysis of economic publication of a notice in the Federal previously consulted upon; therefore, effects in fulfillment of the agency’s Register, that additional quota is no additional consultation is required. obligations under the RFA. To utilize available and the season is reopened, An initial regulatory flexibility this provision, NMFS must publish such the fisheries for all linked species and/ analysis (IRFA) was prepared, as size standards in the Federal Register, or management groups are closed, even required by section 603 of the which NMFS did on December 29, 2015 across fishing years. The linked quotas Regulatory Flexibility Act (RFA). The (80 FR 81194). In this final rule effective of the species and/or management IRFA describes the economic impact on July 1, 2016, NMFS established a groups are Atlantic hammerhead sharks this proposed rule, if adopted, would small business size standard of $11 and Atlantic aggregated LCS; eastern have on small entities. The IRFA million in annual gross receipts for all Gulf of Mexico hammerhead sharks and analysis follows. businesses in the commercial fishing eastern Gulf of Mexico aggregated LCS; Section 603(b)(1) of the RFA requires industry (NAICS 11411) for RFA western Gulf of Mexico hammerhead agencies to explain the purpose of the compliance purposes. NMFS considers sharks and western Gulf of Mexico rule. This rule, consistent with the all HMS permit holders to be small aggregated LCS; and Atlantic blacknose Magnuson-Stevens Act and the 2006 entities because they had average and Atlantic non-blacknose SCS south Consolidated Atlantic HMS FMP and its annual receipts of less than $11 million of 34° N. latitude. amendments, is being proposed to for commercial fishing. establish the 2019 commercial shark As of October 2017, the proposed rule Request for Comments fishing quotas, retention limits, and would apply to the approximately 221 Comments on this proposed rule may fishing seasons. Without this rule, the directed commercial shark permit be submitted via www.regulations.gov or commercial shark fisheries would close holders, 269 incidental commercial by mail. NMFS solicits comments on on December 31, 2018, and would not shark permit holders, 154 smoothhound this proposed rule by October 11, 2018 open until another action was taken. shark permit holders, and 113 (see DATES and ADDRESSES). This proposed rule would be commercial shark dealers. Not all implemented according to the permit holders are active in the fishery Classification regulations implementing the 2006 in any given year. Active directed The NMFS Assistant Administrator Consolidated Atlantic HMS FMP and its commercial shark permit holders are has determined that the proposed rule is amendments. Thus, NMFS expects few, defined as those with valid permits that consistent with the 2006 Consolidated if any, economic impacts to fishermen landed one shark based on HMS Atlantic HMS FMP and its amendments, other than those already analyzed in the electronic dealer reports. Of the 490 the Magnuson-Stevens Act, and other 2006 Consolidated Atlantic HMS FMP directed and incidental commercial applicable law, subject to further and its amendments, based on the quota shark permit holders, only 28 permit consideration after public comment. adjustments. holders landed sharks in the Gulf of These proposed specifications are Section 603(b)(2) of the RFA requires Mexico region and only 78 landed exempt from review under Executive agencies to explain the rule’s objectives. sharks in the Atlantic region. Of the 154 Order 12866. The objectives of this rule are to: Adjust smoothhound shark permit holders, NMFS determined that the final rules the baseline quotas for all shark only 26 permit holders landed to implement Amendment 2 to the 2006 management groups based on any over- smoothhound sharks in the Atlantic Consolidated Atlantic HMS FMP (June and/or underharvests from the previous region and none landed smoothhound 24, 2008, 73 FR 35778; corrected on July fishing year(s); establish the opening sharks in the Gulf of Mexico region. 15, 2008, 73 FR 40658), Amendment 5a dates of the various management NMFS has determined that the proposed to the 2006 Consolidated Atlantic HMS groups; and establish the retention rule would not likely affect any small FMP (78 FR 40318; July 3, 2013), limits for the blacktip shark, aggregated governmental jurisdictions. Amendment 6 to the 2006 Consolidated large coastal shark, and hammerhead This proposed rule does not contain Atlantic HMS FMP (80 FR 50073; shark management groups in order to any new reporting, recordkeeping, or August 18, 2015), and Amendment 9 to provide, to the extent practicable, other compliance requirements (5 U.S.C. the 2006 Consolidated Atlantic HMS equitable opportunities across the 603(b)(4)). Similarly, this proposed rule FMP (80 FR 73128; November 24, 2015) fishing management regions and/or sub- would not conflict, duplicate, or overlap are consistent to the maximum extent regions while also considering the with other relevant Federal rules (5 practicable with the enforceable policies ecological needs of the different shark U.S.C. 603(b)(5)). Fishermen, dealers, of the approved coastal management species. and managers in these fisheries must program of coastal states on the Atlantic Section 603(b)(3) of the RFA requires comply with a number of international including the Gulf of Mexico and the agencies to provide an estimate of the agreements as domestically Caribbean Sea as required under the number of small entities to which the implemented, domestic laws, and FMPs. Coastal Zone Management Act. Pursuant rule would apply. The Small Business These include, but are not limited to, to 15 CFR 930.41(a), NMFS provided the Administration (SBA) has established the Magnuson-Stevens Act, the Atlantic Coastal Zone Management Program of size criteria for all major industry Tunas Convention Act, the High Seas each coastal state a 60-day period to sectors in the United States, including Fishing Compliance Act, the Marine review the consistency determination fish harvesters. Provision is made under Mammal Protection Act, the Endangered

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Species Act, the National categories described above. NMFS does The increase for the western Gulf of Environmental Policy Act, the not know of any performance or design Mexico blacktip shark management Paperwork Reduction Act, and the standards that would satisfy the group could result in a $79,243 gain in Coastal Zone Management Act. aforementioned objectives of this total revenues for fishermen in that sub- Section 603(c) of the RFA requires rulemaking while, concurrently, region, while the increase for the eastern each IRFA to contain a description of complying with the Magnuson-Stevens Gulf of Mexico blacktip shark any significant alternatives to the Act; therefore, there are no alternatives management group could result in a proposed rule which would accomplish considered under the third category. $9,781 gain in total revenues for the stated objectives of applicable This rulemaking does not establish fishermen in that sub-region. For the statutes and minimize any significant management measures to be Gulf of Mexico and Atlantic economic impact of the proposed rule implemented, but rather implements smoothhound shark management on small entities. Additionally, the RFA previously adopted and analyzed groups, NMFS is proposing to increase (5 U.S.C. 603(c)(1)–(4)) lists four general measures with adjustments, as specified the baseline quotas due to the categories of significant alternatives that in the 2006 Consolidated Atlantic HMS underharvest in 2018. This would cause would assist an agency in the FMP and its amendments and the a potential gain in revenue of $581,718 development of significant alternatives. Environmental Assessment (EA) that for the fleet in the Gulf of Mexico region These categories of alternatives are: (1) accompanied the 2011 shark quota and a potential gain in revenue of Establishment of differing compliance specifications rule (75 FR 76302; $1,323,867 for the fleet in the Atlantic or reporting requirements or timetables December 8, 2010). Thus, NMFS region. that take into account the resources proposes to adjust quotas established available to small entities; (2) and analyzed in the 2006 Consolidated All of these changes in gross revenues clarification, consolidation, or Atlantic HMS FMP and its amendments are similar to the changes in gross simplification of compliance and by subtracting the underharvest or revenues analyzed in the 2006 reporting requirements under the rule adding the overharvest as allowable. Consolidated Atlantic HMS FMP and its for such small entities; (3) use of Thus, NMFS has limited flexibility to amendments. The final regulatory performance rather than design modify the quotas in this rule, the flexibility analyses for those standards; and, (4) exemptions from impacts of which were analyzed in amendments concluded that the coverage of the rule for small entities. In previous regulatory flexibility analyses. economic impacts on these small order to meet the objectives of this Based on the 2017 ex-vessel price entities are expected to be minimal. In proposed rule, consistent with the (Table 3), fully harvesting the the 2006 Consolidated Atlantic HMS Magnuson-Stevens Act, NMFS cannot unadjusted 2019 Atlantic shark FMP and its amendments and the EA for exempt small entities or change the commercial baseline quotas could result the 2011 shark quota specifications rule, reporting requirements only for small in total fleet revenues of $7,184,943. For NMFS stated it would be conducting entities because all the entities affected the Gulf of Mexico blacktip shark annual rulemakings and considering the are considered small entities; therefore, management group, NMFS is proposing potential economic impacts of adjusting there are no alternatives discussed that to increase the baseline sub-regional the quotas for under- and overharvests fall under the first, second, and fourth quotas due to the underharvests in 2018. at that time.

TABLE 3—AVERAGE EX-VESSEL PRICES PER LB DW FOR EACH SHARK MANAGEMENT GROUP, 2017

Average Average Region Species ex-vessel ex-vessel meat price fin price

Western Gulf of Mexico ...... Blacktip Shark ...... $0.51 $11.03 Aggregated LCS ...... 0.51 12.51 Hammerhead Shark ...... 0.67 11.67 Eastern Gulf of Mexico ...... Blacktip Shark ...... 0.62 8.22 Aggregated LCS ...... 0.43 13.00 Hammerhead Shark ...... 0.55 12.80 Gulf of Mexico ...... Non-Blacknose SCS ...... 0.38 8.68 Smoothhound Shark ...... 1.50 1.91 Atlantic ...... Aggregated LCS ...... 0.95 11.47 Hammerhead Shark ...... 0.41 13.91 Non-Blacknose SCS ...... 0.96 7.33 Blacknose Shark ...... 1.05 7.33 Smoothhound Shark ...... 0.70 1.63 No Region ...... Shark Research Fishery (Aggregated LCS) ...... 0.80 12.40 Shark Research Fishery (Sandbar only) ...... 0.50 12.40 Blue shark ...... 1.40 11.44 Porbeagle shark* ...... 1.54 2.82 Other Pelagic sharks ...... 1.52 2.82 * Used other pelagic shark ex-vessel prices for porbeagle sharks ex-vessel prices since there currently are no landings of porbeagle sharks.

For this rule, NMFS also reviewed the needs of the different species. The NMFS is proposing to open all of the criteria at § 635.27(b)(3) to determine opening dates of the fishing season(s) shark management groups on the when opening each fishery would could vary depending upon the effective date of the final rule for this provide equitable opportunities for available annual quota, catch rates, and action (expected to be on or about fishermen, to the extent practicable, number of fishing participants during January 1). The direct and indirect while also considering the ecological the year. For the 2019 fishing year, economic impacts would be neutral on

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a short- and long-term basis because Authority 16 U.S.C. 971 et seq.; 16 U.S.C. Dated: September 5, 2018. NMFS is not proposing to change the 1801 et seq. Samuel D. Rauch, III, opening dates of these fisheries from the Deputy Assistant Administrator for status quo. Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–19594 Filed 9–10–18; 8:45 am] BILLING CODE 3510–22–P

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Notices Federal Register Vol. 83, No. 176

Tuesday, September 11, 2018

This section of the FEDERAL REGISTER Purpose and Need for Action the concrete boat ramp, steel and contains documents other than rules or The deteriorating condition of the concrete sewalls, boulder riprap, the proposed rules that are applicable to the marina office, and other various public. Notices of hearings and investigations, existing marina infrastructure, concerns over aquatic invasive species, and underground support structures for the committee meetings, agency decisions and marina infrastructure. rulings, delegations of authority, filing of concerns over degraded habitat for petitions and applications and agency native species have prompted the need 3. Restore Meeks Lagoon in the statements of organization and functions are for action in Meeks Bay. The purpose of location of the existing marina: examples of documents appearing in this this project is to move the Meeks Creek Recontour the stream and marina banks section. stream channel and wetland/lagoon to recreate lagoon topography similar to below State Route 89 (SR89) to a more the lagoon that was present before natural condition where geomorphic Meeks Marina was constructed. Place DEPARTMENT OF AGRICULTURE and hydrologic processes support a natural materials resistant to erosion on the bank slopes. Remove trees up to 30 Forest Service functioning ecosystem while continuing to support sustainable recreation inches diameter at breast height (dbh) as opportunities. needed for topography changes. Lake Tahoe Basin Management Unit; Revegetate with native plant species CA; Meeks Bay Restoration Project There is a need to improve water quality in Meeks Creek; restore appropriate to the site. Remove, store, AGENCY: Forest Service, USDA. degraded aquatic, riparian, and wetland and transplant after construction any habitats and barrier beaches; provide Tahoe yellowcress (Rorippa ACTION: Notice of intent to prepare an subumbellata) populations as needed to environmental impact statement. high quality habitat that is resilient to a changing climate; improve fish passage protect plants from project activities. 4. Restore Meeks Creek from the SR SUMMARY: through the SR 89 stream crossing; The USDA Forest Service, 89 crossing to the confluence of Lake Lake Tahoe Basin Management Unit control or eradicate current populations of terrestrial and aquatic invasive plant Tahoe: Recontour stream banks and (LTBMU) will prepare an reduce stream forces that cause erosion Environmental Impact Statement (EIS) species; maintain and enhance access to Lake Tahoe and National Forest System (i.e., realign portions of the stream for the Meeks Bay Restoration Project. course). The stream banks would be The LTBMU proposes to conduct lands; provide sustainable recreation opportunities consistent with a reconstructed and revegetated with restoration and recreation enhancement desirable vegetation and would be work at Meeks Bay Resort, Meeks Bay functioning ecosystem; enhance educational and interpretive designed to be in a state of dynamic Campground, and in Meeks Creek and equilibrium (stream beds and banks are Meeks Marina. opportunities; enhance species of value to the Washoe Tribe of Nevada and neither accumulating nor eroding DATES: Comments concerning the scope California; and promote the Federally excessively). Fell trees up to 30 inches of the analysis must be received by protected species Tahoe yellowcress dbh as needed and install large wood in October 26, 2018. The draft EIS is (Rorippa subumbellata) and Lahontan the creek south of SR 89 to improve expected August 2019 and the final EIS cutthroat trout (Oncorhynchus clarki aquatic habitat. Logs would be anchored is expected February 2020. henshawi). in position using natural materials. ADDRESSES: Send written comments to Install grade control structures that Lake Tahoe Basin Management Unit, 35 Proposed Action blend visually with the surrounding College Drive, South Lake Tahoe, CA All project activities are proposed at natural environment. Restoration 96150. Comments may also be sent via the Meeks Bay Resort (7941 Emerald activities would extend less than 1⁄4 email to comments-pacificsouthwest- Bay Road, Meesk Bay, CA), the Meeks mile upstream from the crossing of [email protected], or via facsimile to 530– Bay Campground (just south of Meeks Meeks Creek at SR 89. 543–2693. Project information will be Bay Resort on Emerald Bay Road), in the 5. Install Utility Infrastructure: posted to the project website http:// Meeks Marina located between the two Construct infrastructure to secure the www.fs.usda.gov/goto/ltbmu/ recreation facilities, or in Meeks Creek. Tahoe City Public Utility District sewer meeksbayrestoration. A public meeting 1. Aquatic Invasive Species line that crosses Meeks Creek. Relocate will be held at Meeks Bay Resort, 7941 Eradication: Control or eradicate aquatic powerline infrastructure from within Emerald Bay Road, Meeks Bay, CA. invasive species (e.g., warm water fish, the restoration footprint. Relocate the American bullfrogs, aquatic invasive USFS waterline from Meeks Creek FOR FURTHER INFORMATION CONTACT: Gina weeds) from the proposed project area bridge to under the scour limits of the Thompson, 530–543–2675, using manual (chemical free) methods. restored Meeks Creek channel. Install or [email protected] or Denise Treatment of aquatic invasive species is relocate necessary utility infrastructure Downie, 530–543–2683, dedownie@ a multi-year effort and the threat of new either above or below ground for project fs.fed.us. infestations moving into the area post activities, including water, sewer, Individuals who use implementation is high. As a result, electric, and communication lines. telecommunication devices for the deaf monitoring and continued control 6. Implement Resource Protection (TDD) may call the Federal Information actions are a key element in long-term Barriers: Install new barriers (natural or Relay Service (FIRS) at 1–800–877–8339 success. fenced) in areas of relocated Tahoe between 8 a.m. and 8 p.m., Eastern 2. Remove the existing marina yellow cress (Rorippa subumbellata) Time, Monday through Friday. infrastructure: Existing marina communities. Natural barriers would SUPPLEMENTARY INFORMATION: infrastructure to be removed includes include willows or other vegetation

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screening, downed logs, boulders, or Campground and the new pier/boat analyzed in detail, (3) whether to other natural materials. launch. Construct accessible beach implement a combination of alternatives 7. Wildlife Enhancement Actions: access routes using stable, non-eroding analyzed in detail, or (4) whether to take Install nest/perch structures for materials, from parking areas and access no action. waterfowl, install bat boxes, and plant points to the beach that meet Forest willow in select locations for willow Service universal accessibility Preliminary Issues flycatcher. standards. Preliminary issues that have been 8. Construct a Pier: Construct a pier at 13. Install Interpretation identified are maintaining access to the furthest south end of USFS property in Opportunties: Install interpretive Meeks Bay Campground. The pier opportunities along the lagoon area that existing recreation opportunities on the would be 12–18 feet wide and highlight restoration activities, history site, and the potential impacts to the accessible via small boats from Lake of the Washoe Tribe in Meeks Bay, and character of Meeks Bay from restoration Tahoe and via a universally accessible species of concern to the Washoe Tribe. activities and the relocation of walkway on land that would 14. Construct Day Use Parking Areas: recreation infrastructure. accommodate both day use and boat-in Construct a day use parking area in the Permits or Licenses Required camping opportunities. The pier would location of the former trailer parking in allow temporary mooring of 10–20 boats Meeks Resort to accommodate Permits for work in Meeks Creek and be up to 300 feet long. Utilities on approximately 20 vehicles and be would be required from the Army Corps the pier would accommodate electrical designed to accommodate Washoe of Engineers since the actions are and water. The pier would be designed Tribal Elders and other persons with executed in Waters of the US. Permits for access by a maintenance vehicle. disabilities. Construct the day use for project work from the local Water 9. Construct a Boat Launch: Construct parking areas and access routes in Board would be required. Project a double-lane boat launch, marina Meeks Bay Resort as described in the office, and supporting infrastructure permits from the Tahoe Regional Meeks Bay Master Plan. Planning Agency would be required. adjacent to the pier. The launch access 15. Implement Shoreline Stabilization County building permits for the aquatic would be designed to launch boats at Measures: Remove and replace gabion invasive species inspection station may water elevation level 6,223 feet and walls and concrete wall along the north above. Support infrastructure would end of Meeks Bay with natural retaining apply. include an aquatic invasive species structures that can accommodate beach Scoping Process inspection station. wave run-up action. 10. Reconstruct Trailer Parking and 16. Install Best Management Practices: This notice of intent initiates the Vehicular Circulation Routes: Construct Install permanent Best Management scoping process, which guides the a boat trailer parking area and vehicular Practices (BMPs) in the parking lot development of the EIS. A public open circulation routes as needed within areas, restrooms, and along roadways to house for the project will be held at the Meeks Bay Campground for the pier and capture and infiltrate storm water. Meeks Marina on October 10 at 2:00 boat launch. Reconstruct and realign Permanent BMPs would be consistent p.m. PST. Entry to the Marina for the day use parking areas and access roads with USFS, Tahoe Regional Planning meeting will be through the Meeks Bay as needed. The capacity of parking Agency (TRPA), and Water Board spaces dedicated for day use will Resort, 7941 Emerald Bay Road, Meesk requirements. BMPs would include, but Bay, CA. Project documents, remain within 20% of existing levels. not be limited to, installation of The capacity of the boat trailer and information on the public meeting, and infiltration basins, re-contouring and additional supporting information will vehicle parking will be sized to meet the repaving of the parking areas to ensure capacity of the pier and boat ramp. be posted to the project website http:// proper drainage of storm water off www.fs.usda.gov/goto/ltbmu/ 11. Reconstruct Meeks Bay paved surfaces, drip-line trenches, or meeksbayrestoration. Campground: Reconstruct Meeks Bay other means of directing and infiltrating Campground (south of Meeks Creek) to storm water to prevent run-off into Lake It is important that reviewers provide include utilities (water, electrical), host Tahoe. their comments at such times and in sites, restrooms, and a centralized waste such manner that they are useful to the dump station. The capacity of the Possible Alternatives agency’s preparation of the EIS. camping units will remain within 20% Possible alternatives based on existing Therefore, comments should be of existing. Types of campging units public comment and agency input provided prior to the close of the constructed may include tent camping include an alternative that fully comment period and should clearly sites, full hookup sites, and/or yurt type reconstructs the existing marina articulate the reviewer’s concerns and sites or a combination of these. The (including supporting infrastructure contentions. campground facilities would be such as parking areas and utilities). Comments received in response to designed to function during the Additional alternatives will be shoulder seasons (i.e. cold-resistant developed based on public comment this solicitation, including names and utilities at campsites and restrooms). received during the scoping period. addresses of those who comment, will 12. Install Pedestrian Connectivity be part of the public record for this Routes: Construct a pedestrian/bike Responsible Official proposed action. Comments submitted bridge over Meeks Creek to connect Forest Supervisor Jeff Marsolais. anonymously will be accepted and Meeks Bay Resort to Meeks Bay considered, however. Campground. The bridge would be sized Nature of Decision To Be Made Dated: August 28, 2018. to accommodate two-way pedestrian The responsible official will decide: and bicycle traffic, as well as standard (1) Whether or not to implement the Chris French, vehicle loading for maintenance project activities as described in the Associate Deputy Chief, National Forest vehicles. Install an accessible multi-use proposed action, (2) whether or not to System. pathway connecting Meeks Bay Resort implement the project activities as [FR Doc. 2018–19682 Filed 9–10–18; 8:45 am] commercial core area to the Meeks Bay described in one of the alternatives BILLING CODE 3411–15–P

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COMMISSION ON CIVIL RIGHTS number: 9065619. Any interested COMMISSION ON CIVIL RIGHTS member of the public may call this Notice of Public Meeting of the New number and listen to the meeting. Notice of Public Meeting of the Hampshire Advisory Committee; Callers can expect to incur charges for California Advisory Committee Correction calls they initiate over wireless lines, AGENCY: U.S. Commission on Civil and the Commission will not refund any AGENCY: U.S. Commission on Civil Rights. Rights. incurred charges. Callers will incur no charge for calls they initiate over land- ACTION: Announcement of meeting. ACTION: Correction: Announcement of line connections to the toll-free SUMMARY: Notice is hereby given, meeting. telephone number. Persons with hearing pursuant to the provisions of the rules impairments may also follow the SUMMARY: The Commission on Civil and regulations of the U.S. Commission proceedings by first calling the Federal Rights published a document September on Civil Rights (Commission) and the Relay Service at 1–800–877–8339 and 4, 2018, announcing an upcoming New Federal Advisory Committee Act providing the Service with the Hampshire Advisory Committee. The (FACA) that a meeting of the California conference call number and conference document contained incorrect date and State Advisory Committee (Committee) ID number. address to the meeting. to the Commission will be held at 10:00 FOR FURTHER INFORMATION CONTACT: Members of the public are entitled to a.m. (Pacific Time) Thursday, Barbara de La Viez, DFO, at bdelaviez@ make comments during the open period September 13, 2018. The purpose of the usccr.gov or 202–376–7533. at the end of the meeting. Members of meeting is for the Committee to CORRECTION: In the Federal the public may also submit written continue reviewing project proposal Register of September 4, 2018, in FR comments; the comments must be examining Proposition 47. Doc. 2018–19036, on pages 44857– received in the Regional Programs Unit within 30 days following the meeting. DATES: The meeting will be held on 448584 in the third columns, delete the September 13, 2018, at 10:00 a.m. PT. ‘‘Dates’’ and replace it with September Written comments may be mailed to the Public Call Information: 12, 2018 at 4 p.m. EDT, and delete the Western Regional Office, U.S. Dial: 877–260–1479. ‘‘Addresses’’ and replace it with 87 Commission on Civil Rights, 300 North Conference ID: 9387568. Middle Street, Manchester, NH 03101. Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed FOR FURTHER INFORMATION CONTACT: Ana Dated: September 5, 2018. to the Commission at (213) 894–0508, or Victoria Fortes at [email protected] or David Mussatt, emailed Ana Victoria Fortes at afortes@ (213) 894–3437. Supervisory Chief, Regional Programs Unit. usccr.gov. Persons who desire SUPPLEMENTARY INFORMATION: This [FR Doc. 2018–19593 Filed 9–10–18; 8:45 am] additional information may contact the meeting is available to the public BILLING CODE P Regional Programs Unit at (213) 894– through the following toll-free call-in 3437. number: 877–260–1479, conference ID Records and documents discussed number: 9387568. Any interested COMMISSION ON CIVIL RIGHTS during the meeting will be available for member of the public may call this Notice of Public Meeting of the Nevada public viewing prior to and after the number and listen to the meeting. State Advisory Committee meeting at http://facadatabase.gov/ Callers can expect to incur charges for committee/meetings.aspx?cid=261. calls they initiate over wireless lines, AGENCY: U.S. Commission on Civil Please click on the ‘‘Meeting Details’’ and the Commission will not refund any Rights. and ‘‘Documents’’ links. Records incurred charges. Callers will incur no ACTION: Announcement of meeting. generated from this meeting may also be charge for calls they initiate over land- inspected and reproduced at the line connections to the toll-free SUMMARY: Notice is hereby given, Regional Programs Unit, as they become telephone number. Persons with hearing pursuant to the provisions of the rules available, both before and after the impairments may also follow the and regulations of the U.S. Commission meeting. Persons interested in the work proceedings by first calling the Federal on Civil Rights (Commission) and the of this Committee are directed to the Relay Service at 1–800–877–8339 and Federal Advisory Committee Act Commission’s website, http:// providing the Service with the (FACA) that a meeting of the Nevada www.usccr.gov, or may contact the conference call number and conference Advisory Committee (Committee) to the Regional Programs Unit at the above ID number. Commission will be held at 2:00 p.m. email or street address. Members of the public are entitled to (Pacific Time) Thursday, September 13, make comments during the open period Agenda 2018, the purpose of meeting is for the at the end of the meeting. Members of Committee to debrief the hearing on I. Welcome the public may also submit written policing practices. II. Debrief comments; the comments must be DATES: The meeting will be held on III. Update on Additional Written received in the Regional Programs Unit Thursday, September 13, 2018, at 2:00 Comment and Materials for within 30 days following the meeting. p.m. PT. Consideration Written comments may be mailed to the Public Call Information: IV. Discussion Regarding Requesting Western Regional Office, U.S. Dial: 877–260–1479. Additional Testimony Commission on Civil Rights, 300 North Conference ID: 9065619. V. Public Comment Los Angeles Street, Suite 2010, Los FOR FURTHER INFORMATION CONTACT: Ana VI. Next Steps Angeles, CA 90012. They may be faxed Victoria Fortes (DFO) at afortes@ to the Commission at (213) 894–0508, or usccr.gov or (213) 894–3437. Dated: September 6, 2018. emailed Ana Victoria Fortes at afortes@ SUPPLEMENTARY INFORMATION: This David Mussatt, usccr.gov. Persons who desire meeting is available to the public Supervisory Chief, Regional Programs Unit. additional information may contact the through the following toll-free call-in [FR Doc. 2018–19720 Filed 9–10–18; 8:45 am] Regional Programs Unit at (213) 894– number: 877–260–1479, conference ID BILLING CODE P 3437.

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Records and documents discussed to the meeting. Callers can expect to COMMISSION ON CIVIL RIGHTS during the meeting will be available for incur charges for calls they initiate over public viewing prior to and after the wireless lines, and the Commission will Notice of Public Meeting of the meeting at https://facadatabase.gov/ not refund any incurred charges. Callers Alabama Advisory Committee To committee/meetings.aspx?cid=237. will incur no charge for calls they Discuss Access to Voting in the State Please click on the ‘‘Meeting Details’’ initiate over land-line connections to AGENCY: U.S. Commission on Civil and ‘‘Documents’’ links. Records the toll-free telephone number. Persons Rights. generated from this meeting may also be with hearing impairments may also ACTION: Announcement of meeting. inspected and reproduced at the follow the proceedings by first calling Regional Programs Unit, as they become the Federal Relay Service at 1–800–877– SUMMARY: Notice is hereby given, available, both before and after the 8339 and providing the Service with the pursuant to the provisions of the rules meeting. Persons interested in the work conference call number and conference and regulations of the U.S. Commission of this Committee are directed to the ID number. on Civil Rights (Commission) and the Commission’s website, https:// Federal Advisory Committee Act that www.usccr.gov, or may contact the Members of the public are entitled to make comments during the open period the Alabama Advisory Committee Regional Programs Unit at the above (Committee) will hold a meeting on at the end of the meeting. Members of email or street address. Monday, September 17, 2018, at 1 p.m. the public may also submit written Agenda (Central) for the purpose discussing the comments; the comments must be access to voting report and strategies to I. Welcome received in the Regional Programs Unit move forward with the report. II. Discuss Proposition 47 Project within 30 days following the meeting. DATES: The meeting will be held on Proposal Written comments may be mailed to the Monday, September 17, 2018, at 1:00 III. Public Comment Western Regional Office, U.S. p.m. (Central). Public Call Information: IV. Next Steps Commission on Civil Rights, 300 North V. Adjournment Dial: 877–710–4181, Conference ID: Los Angeles Street, Suite 2010, Los 1713129. Dated: September 6, 2018. Angeles, CA 90012. They may be faxed David Mussatt, to the Commission at (213) 894–0508, or FOR FURTHER INFORMATION CONTACT: Supervisory Chief, Regional Programs Unit. emailed Ana Victoria Fortes at afortes@ David Barreras, DFO, at dbarreras@ usccr.gov or 312–353–8311. [FR Doc. 2018–19724 Filed 9–10–18; 8:45 am] usccr.gov. Persons who desire BILLING CODE P additional information may contact the SUPPLEMENTARY INFORMATION: Members Regional Programs Unit at (213) 894– of the public can listen to the 3437. discussion. This meeting is available to COMMISSION ON CIVIL RIGHTS the public through the following toll- Records and documents discussed free call-in number: 877–260–1479, Notice of Public Meeting of the Oregon during the meeting will be available for conference ID: 1713129. Any interested Advisory Committee public viewing prior to and after the member of the public may call this meeting at https://facadatabase.gov/ number and listen to the meeting. An AGENCY: U.S. Commission on Civil committee/meetings.aspx?cid=270. open comment period will be provided Rights. Please click on the ‘‘Meeting Details’’ to allow members of the public to make ACTION: Announcement of meeting. and ‘‘Documents’’ links. Records a statement as time allows. The generated from this meeting may also be conference call operator will ask callers SUMMARY: Notice is hereby given, inspected and reproduced at the pursuant to the provisions of the rules to identify themselves, the organization Regional Programs Unit, as they become and regulations of the U.S. Commission they are affiliated with (if any), and an on Civil Rights (Commission) and the available, both before and after the email address prior to placing callers Federal Advisory Committee Act meeting. Persons interested in the work into the conference room. Callers can (FACA) that a meeting of the Oregon of this Committee are directed to the expect to incur regular charges for calls Advisory Committee (Committee) to the Commission’s website, https:// they initiate over wireless lines, Commission will be held at 1:00 p.m. www.usccr.gov, or may contact the according to their wireless plan. The (Pacific Time) Tuesday, September 11, Regional Programs Unit at the above Commission will not refund any 2018. The purpose of the meeting is to email or street address. incurred charges. Callers will incur no charge for calls they initiate over land- review draft findings and Agenda recommendations and introduction line connections to the toll-free telephone number. Persons with hearing sections for the OR SAC report on I. Welcome human trafficking. impairments may also follow the II. Review Draft Findings and proceedings by first calling the Federal DATES: The meeting will be held on Recommendations Section Edits Relay Service at 1–800–977–8339 and Tuesday, September 11, 2018, at 1:00 III. Review Draft Introduction Section providing the Service with the p.m. PT. conference call number and conference Public Call Information: Dial: 877– IV. Public Comment ID number. 260–1479, Conference ID: 2620359. V. Next Steps Members of the public are also FOR FURTHER INFORMATION CONTACT: Ana VI. Adjournment entitled to submit written comments; Victoria Fortes (DFO) at afortes@ the comments must be received in the usccr.gov or (213) 894–3437. Dated: September 6, 2018. regional office within 30 days following SUPPLEMENTARY INFORMATION: This David Mussatt, the meeting. Written comments may be meeting is available to the public Supervisory Chief, Regional Programs Unit. mailed to the Midwestern Regional through the above toll-free call-in [FR Doc. 2018–19722 Filed 9–10–18; 8:45 am] Office, U.S. Commission on Civil Rights, number. Any interested member of the BILLING CODE P 230 S Dearborn Street, Suite 2120, public may call this number and listen Chicago, IL 60604. They may also be

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faxed to the Commission at (312) 353– discussion. This meeting is available to Dated: September 6, 2018. 8324, or emailed to David Barreras at the public through the following toll- David Mussatt, [email protected]. Persons who free call-in number: 877–260–1479, Supervisory Chief, Regional Programs Unit. desire additional information may conference ID: 5952926. Any interested [FR Doc. 2018–19723 Filed 9–10–18; 8:45 am] contact the Midwestern Regional Office member of the public may call this BILLING CODE P at (312) 353–8311. number and listen to the meeting. An Records generated from this meeting open comment period will be provided may be inspected and reproduced at the to allow members of the public to make DEPARTMENT OF COMMERCE Midwestern Regional Office, as they a statement as time allows. The become available, both before and after conference call operator will ask callers Foreign-Trade Zones Board the meeting. Records of the meeting will to identify themselves, the organization be available via www.facadatabase.gov they are affiliated with (if any), and an [B–56–2018] under the Commission on Civil Rights, email address prior to placing callers Alabama Advisory Committee link into the conference room. Callers can Proposed Foreign-Trade Zone—Lufkin, (http://www.facadatabase.gov/ expect to incur regular charges for calls Texas, Under Alternative Site committee/committee.aspx?cid= they initiate over wireless lines, Framework 233&aid=17). Persons interested in the according to their wireless plan. The An application has been submitted to work of this Committee are directed to Commission will not refund any the Foreign-Trade Zones (FTZ) Board by the Commission’s website, http:// incurred charges. Callers will incur no the City of Lufkin to establish a foreign- www.usccr.gov, or may contact the charge for calls they initiate over land- trade zone in Lufkin, Texas, within the Midwestern Regional Office at the above line connections to the toll-free Port Arthur-Beaumont CBP port of email or street address. telephone number. Persons with hearing entry, under the alternative site Agenda impairments may also follow the framework (ASF) adopted by the FTZ proceedings by first calling the Federal Board (15 CFR Sec. 400.2(c)). The ASF Welcome and Roll Call Relay Service at 1–800–977–8339 and Update on submission of Summary of is an option for grantees for the providing the Service with the Testimony establishment or reorganization of zones Next Steps for the Report conference call number and conference and can permit significantly greater Public Comment ID number. flexibility in the designation of new Adjournment Members of the public are also ‘‘subzones’’ or ‘‘usage-driven’’ FTZ sites Dated: September 6, 2018. entitled to submit written comments; for operators/users located within a David Mussatt, the comments must be received in the grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre Supervisory Chief, Regional Programs Unit. regional office within 30 days following the meeting. Written comments may be activation limit for a zone project. The [FR Doc. 2018–19721 Filed 9–10–18; 8:45 am] mailed to the Midwestern Regional application was submitted pursuant to BILLING CODE P Office, U.S. Commission on Civil Rights, the provisions of the Foreign-Trade 230 S Dearborn Street, Suite 2120, Zones Act, as amended (19 U.S.C. 81a– COMMISSION ON CIVIL RIGHTS Chicago, IL 60604. They may also be 81u), and the regulations of the Board faxed to the Commission at (312) 353– (15 CFR part 400). It was formally Notice of Public Meeting of the 8324 or emailed to David Barreras at docketed on September 5, 2018. The Missouri Advisory Committee To [email protected]. Persons who applicant is authorized to make the Discuss Civil Rights Topics in the desire additional information may proposal under Texas Statutes, Business State contact the Midwestern Regional Office and Commerce Code, Title 15, Chapter at (312) 353–8311. 681. AGENCY: U.S. Commission on Civil The proposed zone would be the Rights. Records generated from this meeting may be inspected and reproduced at the fourth zone for the Port Arthur- ACTION: Announcement of meeting. Midwestern Regional Office, as they Beaumont CBP port of entry. The existing zones—FTZ 115, Beaumont; SUMMARY: Notice is hereby given, become available, both before and after FTZ 116, Port Arthur; and, FTZ 117, pursuant to the provisions of the rules the meeting. Records of the meeting will Orange—were approved on March 20, and regulations of the U.S. Commission be available via www.facadatabase.gov 1985 (Board Oder 296). The Foreign- on Civil Rights (Commission) and the under the Commission on Civil Rights, Trade Zone of Southeast Texas, Inc., is Federal Advisory Committee Act that Missouri Advisory Committee link the grantee of FTZs 115, 116 and 117. the Missouri Advisory Committee (https://facadatabase.gov/committee/ The applicant’s proposed service area (Committee) will hold a meeting on committee.aspx?cid=258&aid=17). under the ASF would be the City of Thursday, September 20, 2018, at 3:00 Persons interested in the work of this Lufkin and a portion of its Extra p.m. (Central) for the purpose Committee are directed to the Territorial Jurisdiction, as described in discussing civil rights topics in the Commission’s website, http:// the application. If approved, the state. www.usccr.gov, or may contact the applicant would be able to serve sites DATES: The meeting will be held on Midwestern Regional Office at the above email or street address. throughout the service area based on Thursday, September 20, 2018, at 3:00 companies’ needs for FTZ designation. p.m. (Central). Agenda The applicant has indicated that the Public Call Information: Dial: 877– proposed service area is within the Port 260–1479, Conference ID: 5952926. Welcome and Roll Call Arthur-Beaumont Customs and Border FOR FURTHER INFORMATION CONTACT: Discussion of Topics for Study Protection port of entry. David Barreras, DFO, at dbarreras@ Next Steps The application indicates a need for usccr.gov or 312–353–8311. zone services in the City of Lufkin area. SUPPLEMENTARY INFORMATION: Members Public Comment Several firms have indicated an interest of the public can listen to the Adjournment in using zone procedures. Specific

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production approvals are not being Manager on the projected domestic and with the statutory requirement to sought at this time. Such requests would foreign economic effects of all protect the U.S. Government against be made to the FTZ Board on a case-by- acquisitions, conversions, and disposals avoidable loss. case basis. involving the stockpile and related The Committee is comprised of In accordance with the FTZ Board’s material research and development representatives from the Departments of regulations, Camille Evans of the FTZ projects. Public comments are an Commerce, State, Agriculture, Defense, Staff is designated examiner to evaluate important element of the Committee’s Energy, Interior, the Treasury, and and analyze the facts and information market impact review process. Homeland Security, and is co-chaired presented in the application and case DATES: To be considered, written by the Departments of Commerce and record and to report findings and comments must be received by October State. The FY 1993 NDAA directs the recommendations to the FTZ Board. 11, 2018. Committee to consult with industry Public comment is invited from ADDRESSES: Address all comments representatives that produce, process, or interested parties. Submissions shall be concerning this notice to Eric consume the materials stored in or of addressed to the FTZ Board’s Executive Longnecker, U.S. Department of interest to the National Defense Secretary at the address below. The Commerce, Bureau of Industry and Stockpile Manager. closing period for their receipt is Security, Office of Strategic Industries As the National Defense Stockpile November 13, 2018. Rebuttal comments and Economic Security, 1401 Manager, the DLA must produce an in response to material submitted Constitution Avenue NW, Room 3876, Annual Materials Plan proposing the during the foregoing period may be Washington, DC 20230, fax: (202) 482– maximum quantity of each listed submitted during the subsequent 15-day 5650 (Attn: Eric Longnecker), email: material that may be acquired, disposed period to November 26, 2018. [email protected]; and Matthew of, upgraded, converted, recovered, or A copy of the application will be McManus, Deputy Director, Office of sold by the DLA in a particular fiscal available for public inspection at the Policy Analysis and Public Diplomacy, year. In Attachment 1, the DLA lists the Office of the Executive Secretary, U.S. Department of State, Bureau of quantities and types of activity Foreign-Trade Zones Board, Room Energy Resources, 2201 C Street NW, (potential disposals, potential 21013, U.S. Department of Commerce, Washington, DC 20520, fax: (202) 647– acquisitions, potential conversions 1401 Constitution Avenue NW, 7431 (Attn: Matthew McManus), email: (upgrade, rotation, reprocessing, etc.) or potential recovery from government Washington, DC 20230–0002, and in the [email protected]. ‘‘Reading Room’’ section of the FTZ sources) associated with each material FOR FURTHER INFORMATION CONTACT: in its proposed FY 2020 Annual Board’s website, which is accessible via Parya Fenton, Office of Strategic www.trade.gov/ftz. Materials Plan (‘‘AMP’’). The quantities Industries and Economic Security, listed in Attachment 1 are not For further information, contact Bureau of Industry and Security, U.S. acquisition, disposal, upgrade, Camille Evans at Camille.Evans@ Department of Commerce, telephone: conversion, recovery, reprocessing, or trade.gov or (202) 482–2350. (202) 482–8228, fax: (202) 482–5650 sales target quantities, but rather a Dated: September 5, 2018. (Attn: Parya Fenton), email: MIC@ statement of the proposed maximum Andrew McGilvray, bis.doc.gov. quantity of each listed material that may Executive Secretary. SUPPLEMENTARY INFORMATION: be acquired, disposed of, upgraded, converted, recovered, or sold in a [FR Doc. 2018–19701 Filed 9–10–18; 8:45 am] Background BILLING CODE 3510–DS–P particular fiscal year by the DLA, as Under the authority of the Strategic noted. The quantity of each material and Critical Materials Stock Piling that will actually be acquired or offered DEPARTMENT OF COMMERCE Revision Act of 1979, as amended (the for sale will depend on the market for Stock Piling Act) (50 U.S.C. 98 et seq.), the material at the time of the Bureau of Industry and Security the Department of Defense’s Defense acquisition or offering, as well as on the Logistics Agency (DLA), as National [Docket No. 170802716–7716–01] quantity of each material approved for Defense Stockpile Manager, maintains a acquisition, disposal, conversion National Defense Stockpile Market stockpile of strategic and critical (upgrade, rotation, reprocessing, etc.), or Impact Committee Request for Public materials to supply the military, recovery by Congress. Comments on the Potential Market industrial, and essential civilian needs The Committee is seeking public Impact of the Proposed Fiscal Year of the United States for national comments on the potential market 2020 Annual Materials Plan defense. Section 9(b)(2)(G)(ii) of the impact associated with the proposed FY Stock Piling Act (50 U.S.C. 2020 AMP as enumerated in Attachment AGENCY: Bureau of Industry and 98h(b)(2)(H)(ii)) authorizes the National 1. Public comments are an important Security, Commerce. Defense Stockpile Manager to fund element of the Committee’s market ACTION: Notice of inquiry; request for material research and development impact review process. comments. projects to develop new materials for the stockpile. Submission of Comments SUMMARY: The purpose of this notice is Section 3314 of the Fiscal Year (FY) The Committee requests that to advise the public that the National 1993 National Defense Authorization interested parties provide written Defense Stockpile Market Impact Act (NDAA) (50 U.S.C. 98h–1) formally comments, supporting data and Committee, co-chaired by the established a Market Impact Committee documentation, and any other relevant Departments of Commerce and State, is (the Committee) to ‘‘advise the National information on the potential market seeking public comments on the Defense Stockpile Manager on the impact of the quantities associated with potential market impact of the proposed projected domestic and foreign the proposed FY 2020 AMP. All Fiscal Year 2020 National Defense economic effects of all acquisitions and comments must be submitted to the Stockpile Annual Materials Plan. The disposals of materials from the addresses indicated in this notice. All role of the Market Impact Committee is stockpile. . . .’’ The Committee must comments submitted through email to advise the National Defense Stockpile also balance market impact concerns must include the phrase ‘‘Market Impact

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Committee Notice of Inquiry’’ in the public record and will be available for Information Act (FOIA) website at subject line. public inspection and copying. Anyone https://efoia.bis.doc.gov/. This office The Committee encourages interested submitting business confidential does not maintain a separate public persons who wish to comment to do so information should clearly identify the inspection facility. If you have technical at the earliest possible time. The period business confidential portion of the difficulties accessing this website, for submission of comments will close submission and also provide a non- please call BIS’s Office of on October 11, 2018. The Committee confidential submission that can be Administration at (202) 482–1900 for will consider all comments received placed in the public record. The assistance. before the close of the comment period. Committee will seek to protect such Comments received after the end of the information to the extent permitted by Dated: September 5, 2018. comment period will be considered, if law. Richard Ashooh, possible, but their consideration cannot The Office of Administration, Bureau Assistant Secretary for Export be assured. of Industry and Security, U.S. Administration. All comments submitted in response Department of Commerce, displays to this notice will be made a matter of public comments on the BIS Freedom of Attachment 1

PROPOSED FISCAL YEAR 2020 ANNUAL MATERIALS PLAN

Material Unit Quantity Footnote

Potential Disposals

Beryllium Metal ...... ST 8 ...... Chromium, Ferro ...... ST 23,500 ...... Chromium, Metal ...... ST 200 ...... Germanium Scrap ...... kg 3,000 ...... Manganese, Ferro ...... ST 50,000 ...... Manganese, Metallurgical Grade ...... SDT 322,025 ...... Nickel Based Alloys ...... Lbs 600,000 ...... Platinum ...... Tr Oz 8,380 ...... PGM—Iridium ...... Tr Oz 489 ...... Tantalum Carbide Powder ...... Lb Ta 3,777 ...... Tantalum Scrap ...... Lbs 190 ...... Titanium Based Alloys ...... Lbs 150,000 ...... Tungsten Metal Powder ...... LB W 275,738 ...... Tungsten Ores and Concentrates ...... LB W 3,000,000 ...... Zinc ...... ST 7,993 ......

Potential Acquisitions

Antimony ...... MT 1,100 ...... Boron Carbide ...... MT 1,000 ...... High Modulus High Strength Carbon Fibers ...... MT 72 ...... Carbon Fibers ...... m2 5,000 ...... Cerium ...... MT 900 ...... CZT (Cadmium Zinc Tellurium substrates) ...... cm2 32,000 ...... Electrolytic Manganese Metal ...... MT 5,000 ...... Lanthanum ...... MT 4,100 ...... Potassium Nitrate ...... Lbs 100,000 ...... Rare Earth Magnet Feedstock ...... MT 100 ...... Rayon ...... MT 600 ...... RDX/HMX/IMX/TNT ...... Lbs 7,000,000 ...... Silicon Carbide Fibers ...... Lbs 875 ...... TATB (Triamino-Trinitrobenzene) ...... Lbs 48,000 ...... Tantalum ...... Lb Ta 33,990 ...... Tin ...... MT 40 ...... Tungsten Rhenium Metal ...... kg 5,000 ......

Potential Conversions (Upgrade, rotation, reprocessing, etc.)

Beryllium Metal ...... ST 8 ...... CZT (Cadmium Zinc Tellurium substrates) ...... cm2 32,000 ...... High Modulus High Strength Carbon Fibers ...... MT 72 ...... Dysprosium ...... MT 0.5 ...... Europium ...... MT 35 ...... Germanium (Scrap) ...... kg 5,000 ...... Iridium Catalyst ...... Lbs 50 ...... Lithium Ion Materials ...... MT 25 ...... Rare Earths Elements ...... MT 12 ...... Silicon Carbide Fibers ...... Lbs 875 ...... Tin ...... MT 804 ......

Potential Recovery from Government Sources

Bearing Steel ...... MT 50 ......

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PROPOSED FISCAL YEAR 2020 ANNUAL MATERIALS PLAN—Continued

Material Unit Quantity Footnote

E-Waste ...... MT 50 (1) Gadolinium Oxide ...... MT 4 ...... Germanium (Scrap) ...... kg 5,000 ...... Iridium Catalyst (Scrap) ...... Lbs 50 ...... Lithium Ion Materials ...... MT 25 ...... Magnesium Metal ...... MT 25 ...... Rhenium Metal ...... kg 500 ...... Super Alloys ...... Lbs 1,500,000 ...... Tantalum ...... MT 10 ...... Yttrium Aluminum Garnet Rods (Scrap) ...... kg 250 ...... Zirconia Oxide ...... MT 4 ...... Footnote Key: 1 Strategic and Critical Materials collected from E-Waste (Strategic Materials collected from electronics waste).

[FR Doc. 2018–19617 Filed 9–10–18; 8:45 am] as practicable, the Secretary of submitted to the U.S. Department of BILLING CODE 3510–33–P Commerce shall issue procedures for Commerce by email. All exclusion requests for exclusions described in requests under clause 2 must be in clause 2 to allow for exclusion requests electronic form, but may be submitted at DEPARTMENT OF COMMERCE for countries subject to quantitative any time. However, exclusion requests limitations. The U.S. Department of requested under clause 2 if granted will Bureau of Industry and Security Commerce will create an exclusion only be valid till March 31, 2019. All process for clause 2 by posting the submissions for exclusion requests are Proposed Information Collection; newly created form on the Commerce entirely voluntary. Comment Request; Procedures for website. Requesters will complete this Submitting Requests for Expedited form and send the form, the required III. Data Relief From Quantitative Limits— certification, and any needed OMB Control Number: 0694–0140. Existing Contract: Section 232 National attachments to the U.S. Department of Form Number(s): N/A. Security Investigations of Steel Commerce at the email address Type of Review: Regular submission. Imports [email protected]. The posting Affected Public: Private Sector. AGENCY: Bureau of Industry and of this exclusion procedure on the Estimated Number of Respondents: Security, Commerce. Commerce website will fulfill the 1,717. Estimated Time per Response: 10 ACTION: Notice. Presidential directive included in the most recent Proclamation, as well as the hours. SUMMARY: The Department of earlier Proclamations that directed the Estimated Total Annual Burden Commerce, as part of its continuing Secretary of Commerce to create an Hours: 17,170. effort to reduce paperwork and exclusion process to ensure users of Estimated Total Annual Cost to respondent burden, invites the general steel in the United States would Public: $0. (This is not the cost of public and other Federal agencies to continue to have access to the steel that respondents’ time, but the indirect costs take this opportunity to comment on they may need. respondents may incur for such things proposed and/or continuing information ‘‘The Secretary shall, on an expedited as purchases of specialized software or collections, as required by the basis, grant relief from the quantitative hardware needed to report, or Paperwork Reduction Act of 1995. limitation set forth in Proclamation expenditures for accounting or records DATES: To ensure consideration, written 9740 and Proclamation 9759 and their maintenance services required comments must be submitted on or accompanying annexes for any steel specifically by the collection.) before November 13, 2018. article where (i) the party requesting Respondent’s Obligation: Voluntary. relief entered into a written contract for Legal Authority: Section 232 of the ADDRESSES: Direct all written comments production and shipment of such steel Trade Expansion Act of 1962 (19 U.S.C. to Jennifer Jessup, Departmental article before March 8, 2018; (ii) such 1862). Paperwork Clearance Officer, contract specifies the quantity of such Department of Commerce, 1401 IV. Request for Comments steel article that is to be produced and Constitution Avenue NW, Room 6616, shipped to the United States consistent Comments are invited on: (a) Whether Washington, DC 20230 (or via the with a schedule contained in such the proposed collection of information internet at [email protected].) contract; (iii) such steel article is to be is necessary for the proper performance FOR FURTHER INFORMATION CONTACT: used to construct a facility in the United of the functions of the agency, including Requests for additional information or States and such steel article cannot be whether the information shall have copies of the information collection procured from a supplier in the United practical utility; (b) the accuracy of the instrument and instructions should be States to meet the delivery schedule and agency’s estimate of the burden directed to Mark Crace, BIS ICB Liaison, specifications contained in such (including hours and cost) of the (202) 482–8093 or at mark.crace@ contract.’’ proposed collection of information; (c) bis.doc.gov. ways to enhance the quality, utility, and II. Method of Collection SUPPLEMENTARY INFORMATION: clarity of the information to be Exclusion requests described in the collected; and (d) ways to minimize the I. Abstract procedures posted on the Commerce burden of the collection of information In the Proclamation of August 29, website for clause 2 exclusion from the on respondents, including through the President Trump directed that as soon Proclamation of August 29 will be use of automated collection techniques

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or other forms of information Based on these requests, on June 6, Notification to Importers technology. 2018, in accordance with section 751(a) This notice serves as a reminder to Comments submitted in response to of the Tariff Act of 1930, as amended importers of their responsibility under this notice will be summarized and/or (the Act), Commerce published in the 19 CFR 351.402(f)(2) to file a certificate included in the request for OMB Federal Register a notice of initiation of regarding the reimbursement of approval of this information collection; an administrative review covering the antidumping duties prior to liquidation they also will become a matter of public October 7, 2016, through March 31, of the relevant entries during this record. 2018 POR, with respect to TTI and review period. Failure to comply with Sanmei.3 On August 7 and 21, 2018, TTI Sheleen Dumas, this requirement could result in the and Sanmei, respectively, timely Department’s presumption that Departmental Lead PRA Officer, Office of the withdrew their requests for an reimbursement of antidumping duties Chief Information Officer. antidumping duty administrative occurred and the subsequent assessment [FR Doc. 2018–19659 Filed 9–10–18; 8:45 am] review, pursuant to 19 CFR of doubled antidumping duties. BILLING CODE 3510–07–P 351.213(d)(1).4 No other party requested a review of this order. Notification Regarding Administrative Protective Order DEPARTMENT OF COMMERCE Rescission Pursuant to 19 CFR 351.213(d)(1), This notice serves as a final reminder International Trade Administration Commerce will rescind an to parties subject to an administrative [A–570–044] administrative review, in whole or in protective order (APO) of their part, if a party who requested a review responsibility concerning the return or 1,1,1,2-Tetrafluoroethane (R–134A) withdraws the request within 90 days of destruction of proprietary information From the People’s Republic of China: the date of publication of the notice of disclosed under an APO in accordance Notice of Rescission of the initiation of the requested review. TTI with 19 CFR 351.305, which continues Antidumping Duty Administrative and Sanmei both timely withdrew their to govern business proprietary Review; 2016–2018 requests for an administrative review information in this segment of the within the 90-day deadline, and no proceeding. Timely written notification AGENCY: Enforcement and Compliance, other party requested an administrative of the return/destruction of APO International Trade Administration, review of this order. Therefore, we are materials or conversion to judicial Department of Commerce. rescinding the administrative review of protective order is hereby requested. SUMMARY: The Department of Commerce antidumping duty order on R–134A Failure to comply with the regulations (Commerce) is rescinding the from China covering the period October and terms of an APO is a violation administrative review of the 7, 2016 through March 31, 2018, in its which is subject to sanction. antidumping order on 1,1,1,2- entirety. tetrafluoroethane (R–134A) from the Notification to Interested Parties People’s Republic of China (China) Assessment This notice is issued and published in covering the October 7, 2016, through Because Commerce is rescinding this accordance with sections 751(a)(1) and March 31, 2018, period of review (POR). administrative review in its entirety, 777(i)(1) of the Act, and 19 CFR DATES: Applicable September 11, 2018. Commerce will instruct U.S. Customs 351.213(d)(4). FOR FURTHER INFORMATION CONTACT: Paul and Border Protection (CBP) to assess Dated: August 31, 2018. Stolz, AD/CVD Operations, Office III, antidumping duties on all appropriate James Maeder, entries of R–134A from China. The Enforcement and Compliance, Associate Deputy Assistant Secretary for International Trade Administration, entries to which this administrative Antidumping and Countervailing Duty U.S. Department of Commerce, 1401 review pertains shall be assessed Operations performing the duties of the Constitution Avenue NW, Washington, antidumping duties at rates equal to the Deputy Assistant Secretary for Antidumping DC 20230; telephone: (202) 482–4474. cash deposits of estimated antidumping and Countervailing Duty Operations. SUPPLEMENTARY INFORMATION: duties required at the time of entry, or [FR Doc. 2018–19568 Filed 9–10–18; 8:45 am] withdrawal from warehouse, for BILLING CODE 3510–DS–P Background consumption, in accordance with 19 On April 2, 2018, Commerce CFR 351.212(c)(1)(i). Commerce intends published a notice of opportunity to to issue appropriate assessment DEPARTMENT OF COMMERCE request an administrative review of the instructions to CBP 15 days after the antidumping duty order on R–134A publication of this notice in the Federal International Trade Administration from China.1 On April 27, and April 30, Register. [A–570–909] 2018, Commerce received timely requests for review from two producers Administrative Review,’’ dated April 27, 2018 and Certain Steel Nails From the People’s the letter from Sanmei, ‘‘1,1,1,2-Tetrafluoroethane Republic of China: Preliminary Results and/or exporters of the subject (R–134A) from the People’s Republic of China: merchandise: T.T. International Co., Request for Administrative Review,’’ dated April of the Antidumping Duty Ltd. (TTI) and Zhejiang Sanmei 30, 2018. Administrative Review and Preliminary Chemical Ind. Co., Ltd. (also known as 3 See Initiation of Antidumping and Determination of No Shipments; 2016– Zhejiang Sanmei Chemical Industry Co., Countervailing Duty Administrative Reviews, 83 FR 2017 26258 (June 6, 2018) (Initiation Notice). Ltd. or ‘‘Zhejiang Sanmei’’) (Sanmei).2 4 See letter from TTI, ‘‘Antidumping Duty AGENCY: Enforcement and Compliance, Administrative Review of 1,1,1,2 Tetrafluoroethane 1 See Antidumping or Countervailing Duty Order, (R134a) from the People’s Republic of China; International Trade Administration, Finding, or Suspended Investigation; Opportunity Withdrawal of Request for Antidumping Duty Department of Commerce. to Request Administrative Review, 83 FR 13949 Administrative Review,’’ dated August 7, 2018, and SUMMARY: The Department of Commerce (April 2, 2018). letter from Sanmei, ‘‘1,1,1,2-Tetrafluoroethane (R– 2 See the letter from TTI, ‘‘1,1,1,3- 134A) from China: Withdrawal of Request for (Commerce) preliminarily determines Tetrafluoroethane (R–134A) from the People’s Antidumping Duty Administrative,’’ dated August that certain steel nails (nails) from the Republic of China: Request for Antidumping Duty 21, 2018. People’s Republic of China (China) were

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sold in the United States at less than description of the scope, see the margin determined for the China-wide normal value (NV) during the period of Preliminary Decision Memorandum, entity is not subject to change (i.e., review (POR), August 1, 2016, through dated concurrently with and hereby 118.04 percent) as a result of this July 31, 2017. adopted by this notice.7 review.11 Aside from the companies discussed above, Commerce considers DATES: Applicable September 11, 2018. Preliminary Determination of No all other companies for which a review FOR FURTHER INFORMATION CONTACT: Shipments Susan Pulongbarit or Benito Ballesteros, was requested 12 to be part of the China- Based on the no-shipments letters wide entity. For additional information, AD/CVD Operations, Office V, 8 Enforcement and Compliance, filed by nine companies, Commerce see the Preliminary Decision International Trade Administration, preliminarily determined that these Memorandum; see also Appendix I for U.S. Department of Commerce, 1401 companies had no shipments during the a list of companies considered as part of Constitution Avenue NW, Washington, POR. For additional information the China-wide entity. regarding this determination, including DC 20230; telephone: (202) 482–4031 or Sample Rate Calculation (202) 482–7425, respectively. a list of these companies, see the Preliminary Decision Memorandum. In the Sampling Methodology Notice, SUPPLEMENTARY INFORMATION: Consistent with our assessment practice we stated that, in order to calculate a Background in non-market economy (NME) rate to assign the non-selected On October 16, 2017, Commerce administrative reviews, Commerce is companies when using a sampling published in the Federal Register the not rescinding this review for these procedure, Commerce will calculate a notice of initiation of an administrative companies, but intends to complete the ‘‘sample rate’’ based upon an average of review of the antidumping duty order review and issue appropriate the rates for the selected respondents, 1 instructions to CBP based on the final weighted by the import share of their on nails from China for the POR, 9 13 August 1, 2016, through July 31, 2017.2 results of the review. corresponding strata. The respondents selected for individual examination Commerce initiated a review with Separate Rates 3 through the sampling process will respect to 145 companies. Pursuant to Commerce preliminarily determined section 777A(c)(2)(A) of the Tariff Act of receive their own rates; all companies in that information placed on the record by the sample population who were not 1930, as amended (the Act), Commerce the three mandatory respondents, as selected three mandatory respondents, selected for individual examination will well as by the 19 other separate rate receive the sample rate.14 Accordingly, The Stanley Works (Langfang) Fastening applicants, demonstrates that these Systems Co., Ltd. and Stanley Black & we have calculated the sample rate by companies are entitled to separate rate averaging the rates for the three selected Decker, Inc. (collectively, Stanley), status. See Preliminary Results of Dezhou Hualude Hardware Products Co. respondents, weighted by the import Review section below. For additional 15 Ltd. (Dezhou Hualude), and Shandong share of their corresponding strata. information, see the Preliminary The non-selected companies entitled to Dinglong Import & Export Co., Ltd. Decision Memorandum. (Shandong Dinglong).4 On April 30, a separate rate have been assigned the 2018, Commerce extended the deadline China-Wide Entity sample rate. For additional information for issuing the preliminary results by 90 and a discussion of the issues examined Commerce’s policy regarding with regard to the calculation of the days.5 On August 1, 2018, Commerce conditional review of the China-wide fully extended the deadline for issuing sample rate, see the Preliminary entity applies to this administrative Decision Memorandum. the preliminary results to September 4, review.10 Under this policy, the China- 2018.6 wide entity will not be under review Methodology Scope of the Order unless a party specifically requests, or Commerce is conducting this review Commerce self-initiates, a review of the in accordance with sections 751(a)(1)(B) The products covered by this review entity. Because no party requested a are nails from China. For a full and 751(a)(2)(A) of the Act. Constructed review of the China-wide entity in this export prices and export prices have review, the entity is not under review 1 See Notice of Antidumping Duty Order: Certain been calculated in accordance with Steel Nails from the People’s Republic of China, 73 and the weighted-average dumping section 772 of the Act. Because China is FR 44961 (August 1, 2008). an NME country within the meaning of 2 See Initiation of Antidumping and 7 See Memorandum, ‘‘Decision Memorandum for section 771(18) of the Act, NV has been Countervailing Duty Administrative Reviews, 82 FR the Preliminary Results of the 2016–2017 48051, 48056–58 (October 16, 2017); See also Antidumping Duty Administrative Review: Certain calculated in accordance with section corrections in Initiation of Antidumping and Steel Nails from the People’s Republic of China,’’ 773(c) of the Act. Countervailing Duty Administrative Reviews, 82 FR dated concurrently with this notice (Preliminary For a full description of the 52268, 52271 n. 4 (November 13, 2017); and Decision Memorandum). methodology underlying our Initiation of Antidumping and Countervailing Duty 8 Although Shanxi Yuci Broad Wire Products Co., conclusions, see the Preliminary Administrative Reviews, 82 FR 57705, 57707 n.5 Ltd. and Certified Products International Inc. each (December 7, 2017) (collectively, Initiation Notice). submitted a no shipments letter, they are not among 3 Id. the 145 companies initiated on in this review, and 11 Id.; Certain Steel Nails from the People’s 4 See Memorandum, ‘‘Respondent Selection for therefore are not subject to this review. Therefore, Republic of China: Final Results of Antidumping Certain Steel Nails from the People’s Republic of we only evaluated the no shipment claims of the Duty Administrative Review; 2012–2013, 80 FR China: Sampling Meeting with Outside Parties,’’ nine companies that submitted no shipments letters 18816, 18817 and accompanying Issues and dated April 6, 2018. and for which this review was initiated. Decision Memorandum. 5 See Memorandum, ‘‘Ninth Antidumping Duty 9 See Non-Market Economy Antidumping 12 See Appendix I. Administrative Review of Certain Steel Nails from Proceedings: Assessment of Antidumping Duties, 76 13 See Sampling Methodology Notice, 78 FR at the People’s Republic of China: Extension of FR 65694, 65694–95 (October 24, 2011) and the 65965. Deadline for Preliminary Results of Antidumping ‘‘Assessment Rates’’ section, below. 14 Id. Duty Administrative Review,’’ dated April 30, 2018. 10 See Antidumping Proceedings: Announcement 15 See Memorandum, ‘‘Preliminary Results of the 6 See Memorandum, Ninth Antidumping Duty of Change in Department Practice for Respondent Ninth Antidumping Administrative Review of Administrative Review of Certain Steel Nails from Selection in Antidumping Duty Proceedings and Certain Steel Nails from the People’s Republic of the People’s Republic of China: Extension of Conditional Review of the Nonmarket Economy China: Calculation of the Sample Margin for Deadline for Preliminary Results of Antidumping Entity in NME Antidumping Duty Proceedings, 78 Respondents Not Selected for Individual Duty Administrative Review,’’ dated August 2, FR 65963 (November 4, 2013) (Sampling Examination,’’ dated concurrently with this 2018. Methodology Notice). memorandum (Sample Rate Memorandum).

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Decision Memorandum. The available to all parties in the Central versions of the Preliminary Decision Preliminary Decision Memorandum is a Records Unit, Room B8024 of the main Memorandum are identical in content. public document and is on file Department of Commerce building. In electronically via Enforcement and addition, a complete version of the Preliminary Results of Review Compliance’s Antidumping and Preliminary Decision Memorandum can Commerce preliminarily determines Countervailing Duty Centralized be accessed directly on the internet at that the following weighted-average Electronic Service System (ACCESS). http://enforcement.trade.gov/frn/. The dumping margins exist for the period ACCESS is available to registered users signed Preliminary Decision August 1, 2016, through July 31, 2017: at http://access.trade.gov and is Memorandum and the electronic

Weighted- average Exporter/producer dumping margin

Dezhou Hualude ...... 40.03 Shandong Dinglong ...... 118.04 Stanley ...... 3.85 Hebei Canzhou New Century Foreign Trade Co. Ltd ...... 36.93 Mingguang Ruifeng Hardware Products Co. Ltd ...... 36.93 Qingdao D&L Group Ltd ...... 36.93 SDC International Australia Pty. Ltd ...... 36.93 Shandong Oriental Cherry Hardware Group Co. Ltd ...... 36.93 Shanghai Curvet Hardware Products Co. Ltd ...... 36.93 Shanghai Yueda Nails Co. Ltd ...... 36.93 Shanxi Hairui Trade Co., Ltd ...... 36.93 Shanxi Pioneer Hardware Industrial Co. Ltd ...... 36.93 Shanxi Tianli Industries Co. Ltd ...... 36.93 S-Mart (Tianjin) Technology Development Co. Ltd ...... 36.93 Suntec Industries Co. Ltd ...... 36.93 Tianjin Huixingshangmao Co. Ltd ...... 36.93 Tianjin Jinchi Metal Products Co. Ltd ...... 36.93 Tianjin Jinghai County Hongli Industry and Business Co. Ltd ...... 36.93 Tianjin Universal Machinery Imp. & Exp ...... 36.93 Tianjin Zhonglian Metals Ware Co. Ltd ...... 36.93 Xi’An Metals and Minerals Imp. & Exp. Co. Ltd ...... 36.93 Zhangjiagang Lianfeng Metals Products Co. Ltd ...... 36.93

Disclosure issue; (2) a brief summary of the Register, pursuant to section argument; and (3) a table of authorities. 751(a)(3)(A) of the Act, unless extended. Commerce intends to disclose to interested parties the calculations Pursuant to 19 CFR 351.310(c), Assessment Rates performed in connection with these interested parties who wish to request a hearing, limited to issues raised in the Upon issuance of the final results, preliminary results within five days of Commerce will determine, and CBP case and rebuttal briefs, must submit a its public announcement or, if there is shall assess, antidumping duties on all written request to the Assistant no public announcement, within five appropriate entries covered by this Secretary for Enforcement and days of the date of publication of this review.17 Commerce intends to issue Compliance, U.S. Department of notice in accordance with 19 CFR assessment instructions to CBP 15 days Commerce, within 30 days after the date after the publication date of the final 351.224(b). of publication of this notice. Requests results of this review. should contain the party’s name, Public Comment For any individually examined address, and telephone number, the respondent whose weighted average Case briefs or other written comments number of participants, whether any dumping margin is not zero or de may be submitted to the Assistant participant is a foreign national, and a minimis (i.e., less than 0.50 percent) in Secretary for Enforcement and list of the issues to be discussed. If a the final results of this review, Compliance no later than 30 days after request for a hearing is made, Commerce Commerce will calculate importer- the date of publication of these intends to hold the hearing at the U.S. specific assessment rates on the basis of preliminary results, unless the Secretary Department of Commerce, 1401 the ratio of the total amount of dumping alters the time limit. Rebuttal briefs, Constitution Avenue NW, Washington, calculated for the importer’s examined limited to issues raised in case briefs, DC 20230, at a time and date to be sales to the total entered value of those may be submitted no later than five days determined. Parties should confirm by sales, in accordance with 19 CFR after the deadline date for case briefs.16 telephone the date, time, and location of 351.212(b)(1). Where an importer- Pursuant to 19 CFR 351.309(c)(2) and the hearing two days before the specific ad valorem rate is not zero or (d)(2), parties who submit case briefs or scheduled date. de minimis, Commerce will instruct rebuttal briefs in this administrative Commerce intends to issue the final CBP to collect the appropriate duties at review are encouraged to submit with results of this administrative review, the time of liquidation.18 Where either each argument: (1) A statement of the which will include the results of our a respondent’s weighted-average analysis of all issues raised in the case 16 See 19 CFR 351.309; see also 19 CFR 351.303 briefs, within 120 days of publication of 17 See 19 CFR 351.212(b). (for general filing requirements). these preliminary results in the Federal 18 See 19 CFR 351.212(b)(1).

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dumping margin is zero or de minimis, Dated: September 4, 2018. 60. President Industrial Inc. or an importer-specific ad valorem Gary Taverman, 61. Promising Way (Hong Kong) Ltd. 62. Qingda Jisco Co. Ltd. assessment rate is zero or de minimis, Deputy Assistant Secretary for Antidumping 63. Qingdao D&L Hardware Co. Ltd. Commerce will instruct CBP to liquidate and Countervailing Duty Operations, 64. Qingdao Gold Dragon Co. Ltd. performing the non-exclusive functions and appropriate entries without regard to 65. Qingdao Hongyuan Nail Industry Co. Ltd. 19 duties of the Assistant Secretary for antidumping duties. 66. Qingdao Meijialucky Industry and Co. Enforcement and Compliance. Cash Deposit Requirements 67. Qingdao MST Industry and Commerce Appendix I Co. Ltd. The following cash deposit 68. Qingdao Top Steel Industrial Co. Ltd. China-Wide Entity requirements will be effective upon 69. Qingdao Uni-Trend International. publication of the final results of this 1. Air It on Inc. 70. Quzhou Monsoon Hardware Co. Ltd. review for shipments of the subject 2. A-Jax Enterprises Ltd. 71. Rise Time Industrial Ltd. 3. A-Jax International Co. Ltd. 72. Romp Coil Nail Industries Inc. merchandise from China entered, or 4. Anhui Amigo Imp.& Exp. Co. Ltd. 73. R-Time Group Inc. withdrawn from warehouse, for 5. Anhui Tea Imp. & Exp. Co. Ltd. 74. Shandong Liaocheng Minghua Metal Pvt. consumption on or after the publication 6. Beijing Catic Industry Ltd. Ltd. date, as provided by sections 7. Beijing Qin-Li Jeff Trading Co., Ltd. 75. Shanghai Haoray International Trade Co. 751(a)(2)(C) of the Act: (1) For the 8. Bodi Corporation. Ltd. companies listed above that have a 9. Cana (Rizhou) Hardward Co. Ltd. 76. Shanghai Pioneer Speakers Co. Ltd. separate rate, the cash deposit rate will 10. Cangzhou Xinqiao Int’l Trade Co. Ltd. 77. Shanghai Seti Enterprise Int’l Co. Ltd. be equal to the weighted-average 11. Certified Products Taiwan Inc. 78. Shanxi Easyfix Trade Co. Ltd. 12. Changzhou Kya Trading Co. Ltd. 79. Shaoxing Chengye Metal Producing Co. dumping margin established in the final 13. Chia Pao Metal Co. Ltd. Ltd. results of this review (except, if the rate 14. China Dinghao Co. Ltd. 80. Shenzhen Xinjintal Hardware Co. Ltd. is de minimis, then cash deposit rate 15. China Staple Enterprise Co. Ltd. 81. Suzhou Xingya Nail Co. Ltd. will be zero); (2) for previously 16. Chinapack Ningbo Imp. & Exp. Co. Ltd. 82. Taizhou Dajiang Ind. Co. Ltd. examined China and non-China 17. Chite Enterprise Co. Ltd. 83. Theps International. exporters not listed above that at the 18. Crelux Int’l Co. Ltd. 84. Tianji Hweschun Fasteners time of entry are eligible for a separate 19. Daejin Steel Co. Ltd. Manufacturing Co. Ltd. rate based on a prior completed segment 20. Dingzhou Baota Metal Products Co. Ltd. 85. Tianjin Baisheng Metal Products Co. Ltd. 86. Tianjin Bluekin Indusries Ltd. of this proceeding, the cash deposit rate 21. Dong E Fuqiang Metal Products Co. Ltd. 22. Ejen Brother Limited. 87. Tianjin Coways Metal Products Co. Ltd. will continue to be the existing 23. Faithful Engineering Products Co. Ltd. 88. Tianjin Dagang Jingang Nail Factory. exporter-specific cash deposit rate; (3) 24. Fastening Care. 89. Tianjin Evangel Imp. & Exp. Co. Ltd. for all China exporters of subject 25. Fastgrow International Co. Inc. 90. Tianjin Fulida Supply Co. Ltd. merchandise that have not been found 26. Foshan Hosontool Development 91. Tianjin Jin Xin Sheng Long Metal to be entitled to a separate rate at the Hardware Co. Ltd. Products Co. Ltd. time of entry, the cash deposit rate will 27. Glori-Industry Hong Kong Inc. 92. Tianjin Jinghai Yicheng Metal Pvt. be that for the China-wide entity (i.e., 28. Guangdong Meite Mechanical Co. Ltd. 93. Tianjin Jinlin Pharmaceutical Factory. 29. Hangzhou Spring Washer Co. Ltd. 94. Tianjin Jinmao Imp. & Exp. Corp. Ltd. 118.04 percent); and (4) for all non- 95. Tianjin Lianda Group Co. Ltd. China exporters of subject merchandise 30. Hebei Handform Plastic Products Co. Ltd. 31. Hebei Minghao Imp. & Exp. Co. Ltd. 96. Tianjin Tianhua Environmental Plastics which at the time of entry are not 32. Hengtuo Metal Products Co. Ltd Co. Ltd. eligible for a separate rate, the cash 33. Hongyi (HK) Hardware Products Co. Ltd. 97. Tianjin Yong Sheng Towel Mill. deposit rate will be the rate applicable 34. Huaiyang County Yinfeng Plastic Factory. 98. Tianjin Yongye Furniture Co. Ltd. to the China exporter that supplied that 35. Huanghua Yingjin Hardware Products. 99. Tianjin Zhonglian Times Technology. non-China exporter. These deposit 36. Inmax Industries Sdn. Bhd. 100. Tianjin Zhongsheng Garment Co. Ltd. requirements, when imposed, shall 37. Jade Shuttle Enterprise Co. Ltd. 101. Unicore Tianjin Fasteners Co. Ltd. 102. Win Fasteners Manufactory (Thailand) remain in effect until further notice. 38. Jiangsu General Science Technology Co. Ltd. Co. Ltd. Notification to Importers 39. Jiangsu Huaiyin Guex Tools. 103. Wulian Zhanpeng Metals Co. Ltd. 40. Jiaxing TSR Hardware Inc. 104. Yongchang Metal Product Co. This notice also serves as a 41. Jinhai Hardware Co. Ltd. 105. Yuyao Dingfeng Engineering Co. Ltd. preliminary reminder to importers of 42. Jinsco International Corp. 106. Zhangjiagang Longxiang Industries Co. their responsibility under 19 CFR 43. Jinsheung Steel Corporation. Ltd. 351.402(f)(2) to file a certificate 44. Koram Inc. 107. Zhaoqing Harvest Nails Co. Ltd. 45. Korea Wire Co. Ltd. 108. Zhejiang Best Nail Industry Co. Ltd. regarding the reimbursement of 109. Zhejiang Jihengkang (JHK) Door Ind. Co. 46. Liaocheng Minghui Hardware Products. antidumping duties prior to liquidation Ltd. 47. Maanshan Lilai International Trade. Co. of the relevant entries during the POR. 110. Zhejiang Yiwu Yongzhou Imp. & Exp. Ltd. Failure to comply with this requirement Co. Ltd. 48. Mingguang Abundant Hardware Products could result in Commerce’s 111. Zhong Shan Daheng Metal Products Co. Co. Ltd. Ltd. presumption that reimbursement of 49. Nailtech Co. Ltd. 112. Zhong Shan Shen Neng Metals Products antidumping duties occurred and the 50. Nanjing Nuochun Hardware Co. Ltd. Co. Ltd. subsequent assessment of double 51. Nanjing Tianxingtong Electronic 113. Zhucheng Jinming Metal Products Co. antidumping duties. Technology Co. Ltd. Ltd. 52. Nanjing Tianyu International Co. Ltd. 114. Zhucheng Runfang Paper Co. Ltd. Notification to Interested Parties 53. Nanjing Zeejoe International Trade. This preliminary determination is 54. Ningbo Adv. Tools Co. Ltd. Appendix II issued and published in accordance 55. Ningbo Fine Hardware Production Co. Ltd. List of Topics Discussed in the Preliminary with sections 751(a)(1) and 777(i)(1) of 56. Overseas Distribution Services Inc. Decision Memorandum the Act. 57. Overseas International Steel Industry. 1. Summary 58. Paslode Fasteners Co. Ltd. 2. Background 19 See 19 CFR 351.106(c)(2). 59. Patek Tool Co. Ltd. 3. Scope of the Order

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4. Discussion of the Methodology SUMMARY: In accordance with the Tariff Background a. Preliminary Determination of No Act of 1930, as amended (the Act), the Shipments Department of Commerce (Commerce) is Commerce’s procedures for the b. Non-Market Economy Country Status automatically initiating the five-year conduct of Sunset Reviews are set forth c. Separate Rates in its Procedures for Conducting Five- 5. Use of Application of Facts Otherwise reviews (Sunset Reviews) of the Available antidumping and countervailing duty Year (Sunset) Reviews of Antidumping 6. Use of Adverse Inference (AD/CVD) order(s) listed below. The and Countervailing Duty Orders, 63 FR 7. Sample Rate Calculation International Trade Commission (the 13516 (March 20, 1998) and 70 FR 8. Surrogate Country Commission) is publishing concurrently 62061 (October 28, 2005). Guidance on 9. Date of Sale with this notice its notice of Institution methodological or analytical issues 10. Normal Value Comparisons of Five-Year Reviews which covers the 11. Factor Valuation Methodology relevant to Commerce’s conduct of 12. Comparisons to Normal Value same order(s). Sunset Reviews is set forth in 13. Currency Conversion DATES: Applicable September 1, 2018. Antidumping Proceedings: Calculation 14. Recommendation of the Weighted-Average Dumping FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–19698 Filed 9–10–18; 8:45 am] Margin and Assessment Rate in Certain Commerce official identified in the BILLING CODE 3510–DS–P Antidumping Duty Proceedings; Final Initiation of Review section below at Modification, 77 FR 8101 (February 14, AD/CVD Operations, Enforcement and 2012). DEPARTMENT OF COMMERCE Compliance, International Trade Administration, U.S. Department of Initiation of Review International Trade Administration Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For In accordance with section 751(c) of Initiation of Five-Year (Sunset) information from the Commission the Act and 19 CFR 351.218(c), we are Reviews contact Mary Messer, Office of initiating the Sunset Reviews of the Investigations, U.S. International Trade following antidumping and AGENCY: Enforcement and Compliance, countervailing duty order(s): International Trade Administration, Commission at (202) 205–3193. Department of Commerce. SUPPLEMENTARY INFORMATION:

DOC case No. ITC case No. Country Product Commerce contact

A–533–823 ... 731–TA–929 India ...... Silicomanganese (3rd Review) ...... Jacqueline Arrowsmith, (202) 482–5255. A–588–857 ... 731–TA–919 Japan ...... Welded Large Diameter Line Pipe (3rd Review) ...... Jacqueline Arrowsmith, (202) 482–5255. A–834–807 ... 731–TA–930 Kazakhstan .. Silicomanganese (3rd Review) ...... Jacqueline Arrowsmith, (202) 482–5255. A–307–820 ... 731–TA–931 Venezuela .... Silicomanganese (3rd Review) ...... Jacqueline Arrowsmith, (202) 482–5255.

Filing Information completeness of that information.2 as 19 CFR 351.218), these time limits Parties must use the certification will continue to be applied. Parties are As a courtesy, we are making formats provided in 19 CFR 351.303(g).3 also advised to review the final rule information related to sunset Commerce intends to reject factual concerning the extension of time limits proceedings, including copies of the submissions if the submitting party does for submissions in AD/CVD pertinent statute and Commerce’s not comply with applicable revised proceedings, available at http:// regulations, Commerce’s schedule for certification requirements. enforcement.trade.gov/frn/2013/ Sunset Reviews, a listing of past On April 10, 2013, Commerce 1309frn/2013-22853.txt, prior to revocations and continuations, and modified two regulations related to AD/ submitting factual information in these current service lists, available to the 5 CVD proceedings: The definition of segments. public on Commerce’s website at the factual information (19 CFR following address: http:// Letters of Appearance and 351.102(b)(21)), and the time limits for enforcement.trade.gov/sunset/. All Administrative Protective Orders the submission of factual information submissions in these Sunset Reviews Pursuant to 19 CFR 351.103(d), (19 CFR 351.301).4 Parties are advised to must be filed in accordance with Commerce will maintain and make review the final rule, available at http:// Commerce’s regulations regarding available a public service list for these enforcement.trade.gov/frn/2013/ format, translation, and service of proceedings. Parties wishing to 1304frn/2013-08227.txt, prior to documents. These rules, including participate in any of these five-year submitting factual information in these electronic filing requirements via reviews must file letters of appearance segments. To the extent that other Enforcement and Compliance’s as discussed at 19 CFR 351.103(d)). To regulations govern the submission of Antidumping and Countervailing Duty facilitate the timely preparation of the factual information in a segment (such Centralized Electronic Service System public service list, it is requested that (ACCESS), can be found at 19 CFR those seeking recognition as interested 2 351.303.1 See section 782(b) of the Act. parties to a proceeding submit an entry 3 See also Certification of Factual Information to Any party submitting factual Import Administration During Antidumping and of appearance within 10 days of the information in an AD/CVD proceeding Countervailing Duty Proceedings, 78 FR 42678 (July publication of the Notice of Initiation. must certify to the accuracy and 17, 2013) (Final Rule). Answers to frequently asked Because deadlines in Sunset Reviews questions regarding the Final Rule are available at can be very short, we urge interested http://enforcement.trade.gov/tlei/notices/factual_ 1 See also Antidumping and Countervailing Duty info_final_rule_FAQ_07172013.pdf. parties who want access to proprietary Proceedings: Electronic Filing Procedures; 4 See Definition of Factual Information and Time Administrative Protective Order Procedures, 76 FR Limits for Submission of Factual Information: Final 5 See Extension of Time Limits, 78 FR 57790 39263 (July 6, 2011). Rule, 78 FR 21246 (April 10, 2013). (September 20, 2013).

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information under administrative Dated: August 30, 2018. Register notice. Therefore, we protective order (APO) to file an APO James Maeder, encourage all parties interested in application immediately following Associate Deputy Assistant Secretary for commenting on respondent selection to publication in the Federal Register of Antidumping and Countervailing Duty submit their APO applications on the this notice of initiation. Commerce’s Operations performing the duties of Deputy date of publication of the initiation Assistant Secretary for Antidumping and regulations on submission of proprietary Countervailing Duty Operations. notice, or as soon thereafter as possible. information and eligibility to receive Commerce invites comments regarding [FR Doc. 2018–19766 Filed 9–10–18; 8:45 am] access to business proprietary the CBP data and respondent selection BILLING CODE 3510–DS–P information under APO can be found at within five days of placement of the 19 CFR 351.304–306. CBP data on the record of the review. Information Required From Interested DEPARTMENT OF COMMERCE In the event Commerce decides it is Parties necessary to limit individual International Trade Administration examination of respondents and Domestic interested parties, as Antidumping or Countervailing Duty conduct respondent selection under defined in section 771(9)(C), (D), (E), (F), Order, Finding, or Suspended section 777A(c)(2) of the Act: and (G) of the Act and 19 CFR Investigation; Opportunity To Request In general, Commerce finds that 351.102(b), wishing to participate in a Administrative Review determinations concerning whether Sunset Review must respond not later particular companies should be AGENCY: Enforcement and Compliance, than 15 days after the date of ‘‘collapsed’’ (i.e., treated as a single publication in the Federal Register of International Trade Administration, Department of Commerce. entity for purposes of calculating this notice of initiation by filing a notice antidumping duty rates) require a FOR FURTHER INFORMATION CONTACT: of intent to participate. The required substantial amount of detailed Brenda E. Brown, Office of AD/CVD contents of the notice of intent to information and analysis, which often participate are set forth at 19 CFR Operations, Customs Liaison Unit, Enforcement and Compliance, require follow-up questions and 351.218(d)(1)(ii). In accordance with analysis. Accordingly, Commerce will Commerce’s regulations, if we do not International Trade Administration, U.S. Department of Commerce, 1401 not conduct collapsing analyses at the receive a notice of intent to participate respondent selection phase of a review from at least one domestic interested Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. and will not collapse companies at the party by the 15-day deadline, Commerce respondent selection phase unless there will automatically revoke the order Background has been a determination to collapse 6 without further review. Each year during the anniversary certain companies in a previous If we receive an order-specific notice month of the publication of an segment of this antidumping proceeding of intent to participate from a domestic antidumping or countervailing duty (i.e., investigation, administrative interested party, Commerce’s order, finding, or suspended review, new shipper review or changed regulations provide that all parties investigation, an interested party, as circumstances review). For any wishing to participate in a Sunset defined in section 771(9) of the Tariff company subject to a review, if Review must file complete substantive Act of 1930, as amended (the Act), may Commerce determined, or continued to responses not later than 30 days after request, in accordance with 19 CFR treat, that company as collapsed with 351.213, that the Department of the date of publication in the Federal others, Commerce will assume that such Commerce (Commerce) conduct an Register of this notice of initiation. The companies continue to operate in the administrative review of that required contents of a substantive antidumping or countervailing duty same manner and will collapse them for response, on an order-specific basis, are order, finding, or suspended respondent selection purposes. set forth at 19 CFR 351.218(d)(3). Note investigation. Otherwise, Commerce will not collapse that certain information requirements All deadlines for the submission of companies for purposes of respondent differ for respondent and domestic comments or actions by Commerce selection. Parties are requested to (a) parties. Also, note that Commerce’s discussed below refer to the number of identify which companies subject to information requirements are distinct calendar days from the applicable review previously were collapsed, and from the Commission’s information starting date. (b) provide a citation to the proceeding requirements. Consult Commerce’s Respondent Selection in which they were collapsed. Further, regulations for information regarding if companies are requested to complete Commerce’s conduct of Sunset Reviews. In the event Commerce limits the a Quantity and Value Questionnaire for Consult Commerce’s regulations at 19 number of respondents for individual purposes of respondent selection, in CFR part 351 for definitions of terms examination for administrative reviews general each company must report initiated pursuant to requests made for and for other general information volume and value data separately for the orders identified below, Commerce concerning antidumping and itself. Parties should not include data intends to select respondents based on countervailing duty proceedings at U.S. Customs and Border Protection for any other party, even if they believe Commerce. (CBP) data for U.S. imports during the they should be treated as a single entity This notice of initiation is being period of review. We intend to release with that other party. If a company was published in accordance with section the CBP data under Administrative collapsed with another company or 751(c) of the Act and 19 CFR 351.218(c). Protective Order (APO) to all parties companies in the most recently having an APO within five days of completed segment of a proceeding publication of the initiation notice and where Commerce considered collapsing to make our decision regarding that entity, complete quantity and value respondent selection within 21 days of data for that collapsed entity must be 6 See 19 CFR 351.218(d)(1)(iii). publication of the initiation Federal submitted.

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Deadline for Withdrawal of Request for initiation of the requested review. The Opportunity to Request a Review: Not Administrative Review regulation provides that Commerce may later than the last day of September extend this time if it is reasonable to do 2018,1 interested parties may request Pursuant to 19 CFR 351.213(d)(1), a so. Determinations by Commerce to administrative review of the following party that requests a review may extend the 90-day deadline will be orders, findings, or suspended withdraw that request within 90 days of made on a case-by-case basis. investigations, with anniversary dates in the date of publication of the notice of September for the following periods:

Period of review

Antidumping Duty Proceedings BELARUS: Steel Concrete Reinforcing Bars, A–822–804 ...... 9/1/17–8/31/18 BRAZIL: Cold-Rolled Steel Flat Products, A–351–843 ...... 9/1/17–8/31/18 BRAZIL: Emulsion Styrene-Butadiene Rubber, A–351–849 ...... 2/24/17–8/3/18 INDIA: Cold-Rolled Steel Flat Products, A–533–865 ...... 9/1/17–8/31/18 INDIA: Lined Paper Products, A–533–843 ...... 9/1/17–8/31/18 INDIA: Oil Country Tubular Goods, A–533–857 ...... 9/1/17–8/31/18 INDONESIA: Steel Concrete Reinforcing Bars, A–560–811 ...... 9/1/17–8/31/18 JAPAN: Stainless Steel Wire Rod, A–588–843 ...... 9/1/17–8/31/18 LATVIA: Stainless Concrete Reinforcing Bars, A–449–804 ...... 9/1/17–8/31/18 MEXICO: Emulsion Styrene-Butadiene Rubber, A–201–848 ...... 2/24/17–8/31/18 MEXICO: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A–201–847 ...... 9/1/17–8/31/18 MEXICO: Magnesia Carbon Bricks, A–201–837 ...... 9/1/17–8/31/18 MOLDOVA: Steel Concrete Reinforcing Bars, A–841–804 ...... 9/1/17–8/31/18 POLAND: Steel Concrete Reinforcing Bars, A–455–803 ...... 9/1/17–8/31/18 POLAND: Emulsion Styrene-Butadiene Rubber, A–455–805 ...... 2/24/17–8/31/18 REPUBLIC OF KOREA: Cold-Rolled Steel Flat Products, A–580–881 ...... 9/1/17–8/31/18 REPUBLIC OF KOREA: Emulsion Styrene-Butadiene Rubber, A–580–890 ...... 2/24/17–8/31/18 REPUBLIC OF KOREA: Heavy Walled Rectangular Welded Carbon Pipes and Tubes, A–580–880 ...... 9/1/17–8/31/18 REPUBLIC OF KOREA: Oil Country Tubular Goods, A–580–870 ...... 9/1/17–8/31/18 REPUBLIC OF KOREA: Stainless Steel Wire Rod, A–580–829 ...... 9/1/17–8/31/18 SOCIALIST REPUBLIC OF VIETNAM: Oil Country Tubular Goods, A–552–817 ...... 9/1/17–8/31/18 TAIWAN: Narrow Woven Ribbons With Woven Selvedge, A–583–844 ...... 9/1/17–8/31/18 TAIWAN: Raw Flexible Magnets, A–583–842 ...... 9/1/17–8/31/18 TAIWAN: Stainless Steel Wire Rod, A–583–828 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Freshwater Crawfish Tailmeat, A–570–848 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Foundry Coke, A–570–862 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Kitchen Appliance Shelving and Racks, A–570–941 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Lined Paper Products, A–570–901 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Magnesia Carbon Bricks, A–570–954 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Narrow Woven Ribbons With Woven Selvedge, A–570–952 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: New Pneumatic Off-The-Road Tires, A–570–912 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Raw Flexible Magnets, A–570–922 ...... 9/1/17–8/31/18 THE PEOPLE’S REPUBLIC OF CHINA: Steel Concrete Reinforcing Bars, A–570–860 ...... 9/1/17–8/31/18 TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, A–489–824 ...... 9/1/17–8/31/18 TURKEY: Oil Country Tubular Goods, A–489–816 ...... 9/1/17–8/31/18 UKRAINE: Solid Agricultural Grade Ammonium Nitrate, A–823–810 ...... 9/1/17–6/11/18 UKRAINE: Steel Concrete Reinforcing Bars, A–823–809 ...... 9/1/17–8/31/18 UNITED KINGDOM: Cold-Rolled Steel Flat Products, A–412–824 ...... 9/1/17–8/31/18 Countervailing Duty Proceedings BRAZIL: Cold-Rolled Steel Flat Products, C–351–844 ...... 1/1/17–12/31/17 INDIA: Cold-Rolled Steel Flat Products, C–533–866 ...... 1/1/17–12/31/17 INDIA: Lined Paper Products, C–533–844 ...... 1/1/17–12/31/17 INDIA: Oil Country Tubular Goods, C–533–858 ...... 1/1/17–12/31/17 REPUBLIC OF KOREA: Cold-Rolled Steel Flat Products, C–580–882 ...... 1/1/17–12/31/17 THE PEOPLE’S REPUBLIC OF CHINA: Kitchen Appliance Shelving and Racks, C–570–942 ...... 1/1/17–12/31/17 THE PEOPLE’S REPUBLIC OF CHINA: Magnesia Carbon Bricks, C–570–955 ...... 1/1/17–12/31/17 THE PEOPLE’S REPUBLIC OF CHINA: Narrow Woven Ribbons With Woven Selvedge, C–570–953 ...... 1/1/17–12/31/17 THE PEOPLE’S REPUBLIC OF CHINA: New Pneumatic Off-The-Road Tires, C–570–913 ...... 1/1/17–12/31/17 THE PEOPLE’S REPUBLIC OF CHINA: Raw Flexible Magnets, C–570–923 ...... 1/1/17–12/31/17 TURKEY: Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes, C–489–825 ...... 1/1/17–12/31/17 TURKEY: Oil Country Tubular Goods, C–489–817 ...... 1/1/17–12/31/17

Suspension Agreements defined by section 771(9) of the Act may specify the individual producers or request in writing that the Secretary exporters covered by an antidumping None. conduct an administrative review. For finding or an antidumping or In accordance with 19 CFR both antidumping and countervailing countervailing duty order or suspension 351.213(b), an interested party as duty reviews, the interested party must agreement for which it is requesting a

1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when Commerce is closed.

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review. In addition, a domestic the NME entity.4 In administrative collect the cash deposit previously interested party or an interested party reviews of antidumping duty orders on ordered. described in section 771(9)(B) of the Act merchandise from NME countries where For the first administrative review of must state why it desires the Secretary a review of the NME entity has not been any order, there will be no assessment to review those particular producers or initiated, but where an individual of antidumping or countervailing duties exporters. If the interested party intends exporter for which a review was on entries of subject merchandise for the Secretary to review sales of initiated does not qualify for a separate entered, or withdrawn from warehouse, merchandise by an exporter (or a rate, Commerce will issue a final for consumption during the relevant producer if that producer also exports decision indicating that the company in provisional-measures ‘‘gap’’ period of merchandise from other suppliers) question is part of the NME entity. the order, if such a gap period is which was produced in more than one However, in that situation, because no applicable to the period of review. country of origin and each country of review of the NME entity was This notice is not required by statute origin is subject to a separate order, then conducted, the NME entity’s entries but is published as a service to the the interested party must state were not subject to the review and the international trading community. rate for the NME entity is not subject to specifically, on an order-by-order basis, Dated: August 30, 2018. change as a result of that review which exporter(s) the request is James Maeder, intended to cover. (although the rate for the individual exporter may change as a function of the Associate Deputy Assistant Secretary for Note that, for any party Commerce finding that the exporter is part of the Antidumping and Countervailing Duty was unable to locate in prior segments, Operations performing the duties of Deputy NME entity). Following initiation of an Commerce will not accept a request for Assistant Secretary for Antidumping and antidumping administrative review an administrative review of that party Countervailing Duty Operations. when there is no review requested of the absent new information as to the party’s [FR Doc. 2018–19764 Filed 9–10–18; 8:45 am] NME entity, Commerce will instruct location. Moreover, if the interested BILLING CODE 3510–DS–P CBP to liquidate entries for all exporters party who files a request for review is not named in the initiation notice, unable to locate the producer or including those that were suspended at DEPARTMENT OF COMMERCE exporter for which it requested the the NME entity rate. review, the interested party must International Trade Administration provide an explanation of the attempts All requests must be filed it made to locate the producer or electronically in Enforcement and exporter at the same time it files its Compliance’s Antidumping and [A–570–028] request for review, in order for the Countervailing Duty Centralized Electronic Service System (ACCESS) on Hydrofluorocarbon Blends From the Secretary to determine if the interested People’s Republic of China: party’s attempts were reasonable, Enforcement and Compliance’s ACCESS 5 Preliminary Results of the pursuant to 19 CFR 351.303(f)(3)(ii). website at http://access.trade.gov. Further, in accordance with 19 CFR Antidumping Duty Administrative As explained in Antidumping and 351.303(f)(l)(i), a copy of each request Review and Preliminary Determination Countervailing Duty Proceedings: must be served on the petitioner and of No Shipments; 2016–2017 Assessment of Antidumping Duties, 68 each exporter or producer specified in AGENCY: Enforcement and Compliance, FR 23954 (May 6, 2003), and Non- the request. Market Economy Antidumping International Trade Administration, Proceedings: Assessment of Commerce will publish in the Federal Department of Commerce. Register a notice of ‘‘Initiation of Antidumping Duties, 76 FR 65694 SUMMARY: The Department of Commerce (October 24, 2011), Commerce clarified Administrative Review of Antidumping (Commerce) preliminarily determines its practice with respect to the or Countervailing Duty Order, Finding, that sales of hydrofluorocarbon blends collection of final antidumping duties or Suspended Investigation’’ for (HFCs), from the People’s Republic of requests received by the last day of on imports of merchandise where China (China) have been made below September 2018. If Commerce does not intermediate firms are involved. The normal value (NV). We invite interested receive, by the last day of September public should be aware of this parties to comment on these preliminary 2018, a request for review of entries clarification in determining whether to results. covered by an order, finding, or request an administrative review of suspended investigation listed in this DATES: Applicable September 11, 2018. merchandise subject to antidumping notice and for the period identified FOR FURTHER INFORMATION CONTACT: findings and orders.2 above, Commerce will instruct CBP to Manuel Rey, Enforcement and Commerce no longer considers the assess antidumping or countervailing Compliance, International Trade non-market economy (NME) entity as an duties on those entries at a rate equal to Administration, U.S. Department of exporter conditionally subject to an the cash deposit of estimated Commerce, 1401 Constitution Avenue antidumping duty administrative antidumping or countervailing duties NW, Washington, DC 20230; telephone: reviews.3 Accordingly, the NME entity required on those entries at the time of (202) 482–5518. will not be under review unless entry, or withdrawal from warehouse, Background Commerce specifically receives a for consumption and to continue to request for, or self-initiates, a review of Commerce is conducting an 4 In accordance with 19 CFR 351.213(b)(1), parties administrative review of the 2 See also the Enforcement and Compliance should specify that they are requesting a review of antidumping duty order on HFCs from website at http://trade.gov/enforcement/. entries from exporters comprising the entity, and to China.1 The notice of initiation of this 3 See Antidumping Proceedings: Announcement the extent possible, include the names of such administrative review was published on of Change in Department Practice for Respondent exporters in their request. Selection in Antidumping Duty Proceedings and 5 See Antidumping and Countervailing Duty Conditional Review of the Nonmarket Economy Proceedings: Electronic Filing Procedures; 1 See Hydrofluorocarbon Blends from the People’s Entity in NME Antidumping Duty Proceedings, 78 Administrative Protective Order Procedures, 76 FR Republic of China: Antidumping Duty Order, 81 FR FR 65963 (November 4, 2013). 39263 (July 6, 2011). 55436 (October 16, 2017) (Order).

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October 16, 2017.2 This review covers by the companies, we preliminarily Preliminary Decision Memorandum at 12 producers and/or exporters of the determine that Daikin Fluorochemicals ‘‘Separate Rate Assigned to Non- subject merchandise. Commerce (China) Co., Ltd. and Zhejiang Yonghe Selected Companies.’’ selected two exporters for individual Refrigerant Co., Ltd. had no shipments Preliminary Results of Review examination (i.e., T.T. International Co., of subject merchandise during the POR. Ltd. (TTI); and Weitron International In addition, Commerce finds that, Six companies involved in the Refrigeration Equipment (Kunshan) Co., consistent with its assessment practice administrative review, including the Ltd. (Weitron)). The period of review in non-market economy (NME) cases, it mandatory respondent Weitron, did not (POR) is February 1, 2016, through July is appropriate not to rescind the review demonstrate that they are entitled to a 31, 2017. in part in these circumstances, but to separate rate.6 Therefore, we In April 2018, we extended the complete the review with respect to preliminarily find these companies to be preliminary results of this review to no these two companies and issue part of the China-wide entity.7 The rate later than September 4, 2018.3 appropriate instructions to CBP based previously established for the China- SUPPLEMENTARY INFORMATION: on the final results.5 For additional wide entity is 216.37 percent. information regarding this We preliminarily determine that the Scope of the Order determination, see the Preliminary following weighted-average dumping The products subject to this order are Decision Memorandum. margins exist for the period February 1, HFC blends. HFC blends covered by the Methodology 2016, through July 31, 2017: scope are R–404A, a zeotropic mixture consisting of 52 percent 1,1,1 Commerce is conducting this review Weighted- Trifluoroethane, 44 percent in accordance with section 751(a)(1)(B) average of the Tariff Act of 1930, as amended Exporter dumping Pentafluoroethane, and 4 percent margin 1,1,1,2-Tetrafluoroethane; R–407A, a (the Act). We calculated export prices (percent) zeotropic mixture of 20 percent for the sole participating mandatory respondent, TTI, in accordance with T.T. International Co., Ltd ...... 283.63 Difluoromethane, 40 percent Shandong Huaan New Material Co., Pentafluoroethane, and 40 percent section 772 of the Act. Because China is Ltd.* ...... 283.63 1,1,1,2-Tetrafluoroethane; R–407C, a an NME country within the meaning of Zhejiang Sanmei Chemical Industry Co. zeotropic mixture of 23 percent section 771(18) of the Act, we calculated Ltd.* ...... 283.63 Zhejiang Yonghe Refrigerant Co., Ltd.* 283.63 Difluoromethane, 25 percent NV for TTI in accordance with section Pentafluoroethane, and 52 percent 773(c) of the Act. * This company was not selected as a mandatory For a full description of the respondent but is subject to this administrative re- 1,1,1,2-Tetrafluoroethane; R–410A, a view and demonstrated that it qualified for a separate zeotropic mixture of 50 percent methodology underlying our rate during the POR. conclusions, see the Preliminary Difluoromethane and 50 percent Disclosure and Public Comment Pentafluoroethane; and R–507A, an Decision Memorandum. The azeotropic mixture of 50 percent Preliminary Decision Memorandum is a Commerce intends to disclose public document and is on file Pentafluoroethane and 50 percent 1,1,1- calculations performed in connection electronically via Enforcement and Trifluoroethane also known as R–507. with these preliminary results to Compliance’s Antidumping and The foregoing percentages are nominal interested parties within five days of the Countervailing Duty Centralized percentages by weight. Actual date of publication of this notice.8 Electronic Service System (ACCESS). percentages of single component Interested parties may submit case briefs ACCESS is available to registered users refrigerants by weight may vary by plus to Commerce no later than seven days at https://access.trade.gov, and to all or minus two percent points from the after the date of the final verification parties in the Central Records Unit, nominal percentage identified above.4 report issued in this administrative Room B8024 of the main Commerce review. Rebuttals briefs, limited to Preliminary Determination of No building. In addition, a complete issues raised in the case briefs, may be Shipments version of the Preliminary Decision filed no later than five days after the Based on our analysis of CBP Memorandum can be found at http:// information and information provided enforcement.trade.gov/frn/. The signed and electronic versions of the 6 These six companies are: (1) Arkema Daikin Advanced Fluorochemicals (Changsu) Co., Ltd.; (2) 2 See Initiation of Antidumping and Preliminary Decision Memorandum are Dongyang Weihua Refrigerants Co., Ltd.; (3) Countervailing Duty Administrative Reviews, 82 FR identical in content. A list of the topics Sinochem Environmental Protection Chemicals 48051 (October 16, 2017) (Initiation Notice). discussed in the Preliminary Decision (Taicang) Co., Ltd.; (4) Weitron; (5) Zhejiang 3 See Memorandum, ‘‘Hydrofluorocarbon Blends Memorandum is attached as an Lantian Environmental Protection Fluoro Material from the People’s Republic of China: Extension of Appendix to this notice. Co. Ltd.; and (6) Zhejiang Quzhou Lianzhou Deadline for Preliminary Results of Antidumping Refrigerants Co., Ltd. Duty Administrative Review,’’ dated April 13, 2018. Rate for Non-Examined Companies 7 See Preliminary Decision Memorandum, at In this memorandum, we noted that Commerce ‘‘Companies Not Receiving a Separate Rate.’’ exercised its discretion to toll all deadlines affected Which Are Eligible for a Separate Rate Pursuant to Commerce’s change in practice, by the closure of the Federal Government from As indicated in the ‘‘Preliminary Commerce no longer considers the NME entity as January 20 through January 22, 2018. See Results of Review’’ section below, we an exporter conditionally subject to administrative Memorandum, ‘‘Deadlines Affected by the reviews. See Antidumping Proceedings: Shutdown of the Federal Government,’’ dated preliminarily determine that a Announcement of Change in Department Practice January 23, 2018. As a result, the revised deadline weighted-average dumping margin of for Respondent Selection in Antidumping Duty for the preliminary results became September 4, 283.63 percent applies to the three firms Proceedings and Conditional Review of the 2018. not selected for individual review Nonmarket Economy Entity in NME Antidumping 4 For a complete description of the scope of the which are eligible for a separate rate. Duty Proceedings, 78 FR 65963, 65970 (November order, see Memorandum, ‘‘Decision Memorandum 4, 2013). Under this practice, the NME entity will for the Preliminary Results of the 2016–2017 For further information, see the not be under review unless a party specifically Antidumping Duty Administrative Review of requests, or Commerce self-initiates, a review of the Hydrofluorocarbon Blends from the People’s 5 See Non-Market Economy Antidumping entity. Because no party requested a review of the Republic of China,’’ issued concurrently with and Proceedings: Assessment of Antidumping Duties, 76 entity, the entity is not under review and the hereby adopted by this notice (Preliminary Decision FR 65694, 65694–95 (October 24, 2011) and the entity’s rate is not subject to change. Memorandum). ‘‘Assessment Rates’’ section, below. 8 See 19 CFR 351.224(b).

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time limit for filing case briefs.9 Parties deposit cap,’’ in accordance with 19 deposit rate will continue to be equal to who submit case briefs or rebuttal briefs CFR 351.212(d). the exporter/producer-specific in this proceeding are encouraged to Pursuant to Commerce’s assessment weighted-average dumping margin submit with each argument: (1) A practice, for entries that were not published for the most recently- statement of the issue; (2) a brief reported in the U.S. sales data submitted completed segment of this proceeding; summary of the argument; and (3) a by TTI, we will instruct CBP to liquidate (3) for all Chinese exporters of subject table of authorities.10 such entries at the China-wide rate. merchandise that have not been found Pursuant to 19 CFR 351.310(c), Additionally, if we determine that an to be entitled to a separate rate, the cash interested parties who wish to request a exporter had no shipments of the deposit rate will be the cash deposit rate hearing must submit a written request to subject merchandise, any suspended established for the China-wide entity, the Assistant Secretary for Enforcement entries that entered under that 216.37 percent; and (4) for all non- and Compliance, filed electronically via exporter’s case number (i.e., at that Chinese exporters of subject ACCESS. An electronically-filed exporter’s cash deposit rate) will be merchandise which have not received document must be received successfully liquidated at the China-wide rate.15 their own rate, the cash deposit rate will in its entirety by ACCESS by 5 p.m. For the respondents which were not be the rate applicable to the Chinese Eastern Time within 30 days after the selected for individual examination in exporter that supplied that non-Chinese date of publication of this notice.11 this administrative review and which exporter. These deposit requirements, Hearing requests should contain: (1) The qualified for a separate rate, the when imposed, shall remain in effect party’s name, address, and telephone assessment rate will be equal to the until further notice. weighted-average dumping margin number; (2) the number of participants; Notification to Importers and (3) a list of the issues to be determined for the non-examined discussed. Issues raised in the hearing respondent in the final results of this This notice also serves as a will be limited to issues raised in the administrative review. We will also preliminary reminder to importers of briefs.12 If a request for a hearing is instruct CBP to take into account the their responsibility under 19 CFR made, parties will be notified of the ‘‘provisional measures deposit cap’’ in 351.402(f) to file a certificate regarding time and date for the hearing to be held accordance with 19 CFR 351.212(d). the reimbursement of antidumping at the U.S. Department of Commerce, For the final results, if we continue to duties prior to liquidation of the 1401 Constitution Avenue NW, treat the six exporters preliminarily relevant entries during this review Washington, DC 20230.13 found not to qualify for separate rates as period. Failure to comply with this Commerce intends to issue the final part of the China-wide entity, we will requirement could result in the results of this administrative review, instruct CBP to apply an ad valorem Secretary’s presumption that including the results of its analysis assessment rate of 216.37 percent, the reimbursement of antidumping duties raised in any written briefs, not later current rate established for the China- occurred and the subsequent assessment than 120 days after the publication date wide entity, to all entries of subject of double antidumping duties. of this notice, pursuant to section merchandise during the POR which Notification to Interested Parties 751(a)(3)(A) of the Act, unless otherwise were exported by those companies.16 We are issuing and publishing these extended.14 We intend to issue assessment instructions to CBP 15 days after the preliminary results of review in Assessment Rates publication of the final results of this accordance with sections 751(a)(1), and Upon completion of the review. 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). administrative review, Commerce shall Cash Deposit Requirements determine, and U.S. Customs and Dated: August 31, 2018. Border Protection (CBP) shall assess, The following cash deposit Gary Taverman, requirements will be effective upon antidumping duties on all appropriate Deputy Assistant Secretary for Antidumping entries. publication of the final results of this and Countervailing Duty Operations, For TTI, we will calculate importer- administrative review for all shipments performing the non-exclusive functions and (or customer-) specific ad valorem duty of the subject merchandise entered, or duties of the Assistant Secretary for assessment rates based on the ratio of withdrawn from warehouse, for Enforcement and Compliance. consumption on or after the publication the total amount of dumping calculated Appendix for each importer’s (or customer’s) date, as provided for by section examined sales to the total entered 751(a)(2)(C) of the Act: (1) For the List of Topics Discussed in the Preliminary Decision Memorandum value of those sales, in accordance with exporters listed above which have a 19 CFR 351.212(b)(1). Where either the separate rate, the cash deposit rate will 1. Summary be equal to the weighted-average 2. Background respondent’s weighted-average dumping 3. Scope of the Order margin is zero or de minimis within the dumping margin established in the final results of this review (except, if the rate 4. Discussion of the Methodology meaning of 19 CFR 351.106(c)(1), or an a. Preliminary Determination of No importer- (or customer-) specific rate is is zero or de minimis, then a cash Shipments zero or de minimis, we will instruct CBP deposit rate of zero will be established b. Non-Market Economy Country Status to liquidate the appropriate entries for that company); (2) for previously c. Separate Rates without regard to antidumping duties. investigated or reviewed Chinese and i. Separate Rate Recipients We intend to instruct CBP to take into non-Chinese exporters not listed above 1. Wholly Foreign-Owned Companies that have separate rates, the cash 2. Wholly China-Owned Companies and account the ‘‘provisional measures Joint Ventures 15 See Non-Market Economy Antidumping a. Absence of De Jure Control 9 See 19 CFR 351.309(d). Proceedings: Assessment of Antidumping Duties, 76 b. Absence of De Facto Control 10 See 19 CFR 351.309(c)(2) and (d)(2). FR 65694 (October 24, 2011). 3. Companies Not Receiving a Separate 11 See 19 CFR 351.310(c). 16 For a full discussion of this practice, see Non- Rate 12 Id. Market Economy Antidumping Proceedings: a. Weitron 13 See 19 CFR 351.310(d). Assessment of Antidumping Duties, 76 FR 65694 b. Companies Who Did Not File Separate 14 See section 751(a)(3)(A) of the Act. (October 24, 2011). Rate Applications

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c. Separate Rate Assigned to Non-Selected and 19 CFR 351.213(b), to conduct an of the relevant entries during this Companies administrative review of this review period. Failure to comply with d. The China-Wide Entity antidumping duty order with respect to this requirement may result in the e. Surrogate Country 11 companies.3 presumption that reimbursement of f. Date of Sale g. Normal Value Comparisons On January 11, 2018, Commerce antidumping duties occurred and the h. Determination of Comparison Method published in the Federal Register a subsequent assessment of double i. Export Price notice of initiation with respect to 11 antidumping duties. companies: Chung Hung Steel; Femco; i. Irrecoverable Value-Added Tax Notification Regarding Administrative ii. TTI Founder Land; Kao Hsing Chang Iron & Protective Orders j. Normal Value Steel Corp.; Kounan Steel; Luen Jin; i. Factor Valuations Mayer Steel Pipe; Shin Yang Steel; This notice serves as the only ii. By-Products Tension Steel Industries; Vulcan reminder to parties subject to iii. Currency Conversion Industrial; and Wan Chi Steel administrative protective order (APO) of iv. Verification 4 their responsibility concerning the 5. Recommendation Industrial. On April 9, 2018, the petitioner timely withdrew its request disposition of proprietary information [FR Doc. 2018–19700 Filed 9–10–18; 8:45 am] for an administrative review.5 disclosed under APO in accordance BILLING CODE 3510–DS–P with 19 CFR 351.305(a)(3). Timely Rescission of Administrative Review written notification of the return or Pursuant to 19 CFR 351.213(d)(1), destruction of APO materials or DEPARTMENT OF COMMERCE Commerce will rescind an conversion to judicial protective order is International Trade Administration administrative review, in whole or in hereby requested. Failure to comply part, if the parties that requested a with the regulations and the terms of an [A–583–814] review withdraw the request within 90 APO is a sanctionable violation. days of the date of publication of the This notice is published in Certain Circular Welded Non-Alloy notice of initiation of the requested accordance with section 777(i)(1) of the Steel Pipe From Taiwan: Rescission of review. The petitioner withdrew its Act, and 19 CFR 351.213(d)(4). Antidumping Duty Administrative request for review by the 90-day Review; 2016–2017 Dated: September 4, 2018. deadline, and no other party requested James Maeder, an administrative review of this order. AGENCY: Enforcement and Compliance, Associate Deputy Assistant Secretary for International Trade Administration, Therefore, we are rescinding the Antidumping and Countervailing Duty Department of Commerce. administrative review of the Operations performing the duties of Deputy SUMMARY: The Department of Commerce antidumping duty order on certain Assistant Secretary for Antidumping and (Commerce) is rescinding its circular welded non-alloy steel pipe Countervailing Duty Operations. administrative review of the from Taiwan covering the period [FR Doc. 2018–19586 Filed 9–10–18; 8:45 am] antidumping duty order on certain November 1, 2016, through October 31, BILLING CODE 3510–DS–P circular welded non-alloy steel pipe 2017, in its entirety. from Taiwan for the period of review Assessment (POR) November 1, 2016, through DEPARTMENT OF COMMERCE October 31, 2017. Commerce will instruct U.S. Customs and Border Protection (CBP) to assess International Trade Administration DATES: Applicable September 11, 2018. antidumping duties on all appropriate [A–570–016] FOR FURTHER INFORMATION CONTACT: entries. Antidumping duties shall be Mark Flessner, AD/CVD Operations, assessed at rates equal to the cash Office VI, Enforcement and Compliance, Certain Passenger Vehicle and Light deposit of estimated antidumping duties Truck Tires From the People’s International Trade Administration, required at the time of entry, or U.S. Department of Commerce, 1401 Republic of China: Preliminary Results withdrawal from warehouse, for of Antidumping Duty Administrative Constitution Avenue NW, Washington, consumption, in accordance with 19 DC 20230; telephone: (202) 482–6312. Review, Preliminary Determination of CFR 351.212(c)(1)(i). Commerce intends No Shipments, and Rescission, in Part; SUPPLEMENTARY INFORMATION: to issue appropriate assessment 2016–2017 Background instructions to CBP 15 days after publication of this notice in the Federal AGENCY: Enforcement and Compliance, On November 1, 2017, Commerce Register. International Trade Administration, published in the Federal Register a Department of Commerce. notice of opportunity to request an Notification to Importers SUMMARY: The Department of Commerce administrative review of the This notice serves as the only (Commerce) preliminarily determines antidumping duty order 1 on certain reminder to importers of their that certain producers and exporters of circular welded non-alloy steel pipe responsibility, under 19 CFR passenger vehicle and light truck tires from Taiwan for the POR.2 Commerce 351.402(f)(2), to file a certificate (passenger tires) from the People’s received a timely request from regarding the reimbursement of Republic of China (China) made sales of Wheatland Tube (the petitioner), in antidumping duties prior to liquidation subject merchandise at prices below accordance with section 751(a) of the normal value (NV) during the period of Tariff Act of 1930, as amended (the Act), 3 See Petitioner Letter re: Certain Circular Welded review (POR) August 1, 2016, through Non-Alloy Steel Pipe from Taiwan: Request for July 31, 2017. 1 See Certain Circular Welded Carbon Steel Pipes Administrative Review, dated November 30, 2017. and Tubes from Taiwan: Antidumping Order, 49 FR 4 See Initiation of Antidumping and DATES: Applicable September 11, 2018. 19369 (May 7, 1984). Countervailing Duty Administrative Reviews, 83 FR FOR FURTHER INFORMATION CONTACT: Toni 2 See Antidumping or Countervailing Duty Order, 1329 (January 11, 2018). Finding, or Suspended Investigation; Opportunity 5 See Petitioner Letter re: Certain Circular Welded Page, AD/CVD Operations, Office VII, to Request Administrative Review, 82 FR 50260 Non-Alloy Steel Pipe from Taiwan: Withdrawal of Enforcement and Compliance, (November 1, 2017). Review Request, dated April 9, 2018. International Trade Administration,

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U.S. Department of Commerce, 1401 For a full description of the initiated.5 As noted above, ITG Voma Constitution Avenue NW, Washington, methodology underlying the Corporation did timely file a withdrawal DC 20230; telephone: (202) 482–1398. preliminary results of this review, see request. Therefore, we will accept its SUPPLEMENTARY INFORMATION: the Preliminary Decision Memorandum, request and rescind this administrative which is hereby adopted by this notice. review with respect to ITG Voma Background The Preliminary Decision Memorandum Corporation. On August 10, 2015, Commerce is a public document and is made No other parties requested an issued an antidumping duty (AD) order available to the public via Enforcement administrative review of the order with on passenger tires from China.1 Several and Compliance’s Antidumping and respect to the aforementioned interested parties requested that Countervailing Duty Centralized companies, except for Crown and Boto Commerce conduct an administrative Electronic Service System (ACCESS). Tyre. Therefore, in accordance with 19 review of the AD Order, and on October ACCESS is available to registered users CFR 351.213(d)(1), Commerce is 16, 2017, Commerce published in the at http://access.trade.gov, and is rescinding this review of the AD order on passenger tires from China with Federal Register a notice of initiation of available to all parties in the Central respect to the listed companies, except an administrative review of the AD Records Unit, room B8024 of the main Department of Commerce building. In for Crown and Boto Tyre. Order for 59 producers/exporters for the As noted above, Crown and Boto Tyre POR.2 Commerce exercised its addition, a complete version of the Preliminary Decision Memorandum can timely filed withdrawal requests for discretion to toll all deadlines affected their respective administrative reviews. by the closure of the Federal be found at http://enforcement.trade. gov/frn/. The signed and the electronic However, the petitioner filed Government from January 20 through versions of the Preliminary Decision administrative review requests for these 22, 2018.3 Memorandum are identical in content. companies, but did not file any Scope of the Order A list of topics included in the subsequent withdrawal requests. Preliminary Decision Memorandum is Therefore, both Crown and Boto Tyre The products covered by the order are provided in Appendix 1 to this notice. are still subject to the instant certain passenger vehicle and light truck administrative review. Boto Tyre timely tires from China. A full description of Partial Rescission of Administrative filed a separate rate certification prior to the scope of the order is contained in Review its withdrawal request. We reviewed the Preliminary Decision Pursuant to 19 CFR 351.213(d)(1), Boto Tyre’s separate rate certification 4 Memorandum. Commerce will rescind an request and preliminarily find that it Methodology administrative review, in whole or in qualifies for separate rate status in this part, if the party or parties that administrative review. Crown did not Commerce is conducting this review requested a review withdraws the file a separate application or certificate in accordance with section 751(a)(1)(B) request within 90 days of the and, thus, is preliminarily considered to of the Tariff Act of 1930, as amended publication date of the notice of be part of the China-wide entity. (the Act). Commerce preliminarily initiation of the requested review. Preliminary Determination of No determines that Junhong’s reported U.S. Actyon Tyre Resources Co., Limited; Shipments sales were export price (EP). We Cooper (Kunshan) Tire Co., Ltd.; calculated EP sales in accordance with Hangzhou Yokohama Tire Co., Ltd.; Based on an analysis of U.S. Customs section 772 of the Act. Given that China Hongtyre Goup Co.; ITG Voma and Border Protection (CBP) is a non-market economy (NME) Corporation; Koryo International information, and comments provided by country, within the meaning of section Industrial Limited; Kumho Tire Co., interested parties, Commerce 771(18) of the Act, Commerce calculated Inc.; Crown International Corporation preliminarily determines that two NV in accordance with section 773(c) of (Crown); Shandong Wanda Boto Tyre companies under review, Federal Tire the Act. Co., Ltd. (Boto Tyre); Qingdao Nama (Jiangxi), Ltd. and Highpoint Trading, Industrial Co., Ltd.; Shandong Ltd. each had no shipments during the 1 See Certain Passenger Vehicle and Light Truck Changfeng Tyres Co., Ltd.; Shandong POR. For additional information Tires from the People’s Republic of China: Guofeng Rubber Plastics; Shandong regarding this determination, see the Amended Final Affirmative Antidumping Duty Preliminary Decision Memorandum. Determination and Antidumping Duty Order; and Guofeng Rubber Plastics Co., Ltd.; Amended Final Affirmative Countervailing Duty Shandong Zhongyi Rubber Co., Ltd.; Consistent with an announced Determination and Countervailing Duty Order, 80 Shengtai Group Co., Ltd.; The refinement to its assessment practice in FR 47902 (August 10, 2015) (AD Order). Yokohama Rubber Company, Ltd.; NME cases, Commerce is not rescinding 2 See Initiation of Antidumping and Tyrechamp Group Co., Limited; and the this review, in part, but intends to Countervailing Duty Administrative Reviews, 82 FR complete the review with respect to the 48051 (October 16, 2017) (Initiation Notice). The Sailun Group Co., Ltd. (i.e., Sailun Jinyu Initiation Notice inadvertently misspelled the Group Co., Ltd.)/Sailun Tire companies for which it has names of two producer/exporters, which were International Corp./Shandong Jinyu preliminarily found no shipments and corrected in a subsequent publication. See Initiation Industrial Co., Ltd./Sailun Jinyu Group issue appropriate instructions to CBP of Antidumping and Countervailing Duty (Hong Kong) Co., Limited/Dynamic Tire based on the final results of the review.6 Administrative Reviews, 82 FR 57705 (December 7, In addition, six companies: Fleming 2017). Corp./Husky Tire Corp./Seatex 3 See Memorandum, ‘‘Deadlines Affected by the International Inc./Seatex PTE. Ltd.) Limited; Haohua Orient International Shutdown of the Federal Government’’ (Tolling withdrew their respective requests for Memorandum), (January 23, 2018). All deadlines in an administrative review within 90 days 5 ITG Voma Corporation timely filed a request for this segment of the proceeding have been extended an administrative review. See ITG Voma by three days. of the publication date of the notice of Corporation’s letter, ‘‘Passenger Vehicle and Light 4 See ‘‘Decision Memorandum for the Preliminary initiation. Tires from the People’s Republic of China: Request Results of the Antidumping Duty Administrative When Commerce initiated the instant for Review—2016–2017 Review Period,’’ (August Review of Certain Passenger Vehicle and Light administrative review, we inadvertently 31, 2017). Truck Tires from the People’s Republic of China, 6 See Non-Market Economy Antidumping Preliminary Determination of No Shipments; and did not include ITG Voma Corporation Proceedings: Assessment of Antidumping Duties, 76 Rescission, in part; 2016–2017,’’ (September 4, in the list of companies for which an FR 65694, 65694–95 (October 24, 2011) and the 2018) (Preliminary Decision Memorandum). administrative review was requested or ‘‘Assessment Rates’’ section, below.

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Trade Ltd.; Qingdao Lakesea Tyre Co., record by Junhong, as well as by the In addition, Commerce preliminarily Ltd.; Riversun Industry Limited; Safe & other companies listed in the rate table determines that certain companies have Well (HK) International Trading in the ‘‘Preliminary Results of Review’’ not demonstrated their entitlement to Limited; and Windforce Tyre Co., section below, demonstrates that these separate rate status because: (1) They Limited filed no shipment certifications, companies are entitled to separate rate withdrew their participation from the even though an administrative review status. Neither the Act nor Commerce’s administrative review; or (2) they did was not requested for or initiated on regulations address the establishment of not rebut the presumption of de jure or their behalf. Because these companies the rate applied to individual de facto government control of their are not subject to this review, Commerce companies not selected for examination operations.9 See Appendix 2 of this will not inquire further regarding their where Commerce limited its Federal Register notice for a complete no shipment status. examination in an administrative review list of companies not receiving a Also, Best Choice International Trade pursuant to section 777A(c)(2) of the separate rate. Co., Limited (Best Choice) filed a no Act. Commerce’s practice in cases Commerce is treating the companies shipment certification; however, we involving limited selection based on for which it did not grant separate rate previously collapsed Best Choice and exporters accounting for the largest status as part of the China-wide entity. BC Tyre into a single entity in the prior volume of imports has been to look to Because no party requested a review of review.7 Because there is no evidence section 735(c)(5) of the Act for guidance, the China-wide entity, the entity is not on the record that contradicts our prior under review, and the entity’s rate (i.e., which provides instructions for collapsing determination or the 87.99 percent) 10 is not subject to calculating the all-others rate in an evidence on this record, we change.11 preliminarily continue to find that BC investigation. Section 735(c)(5)(A) of the Adjustments for Countervailable Tyre and Best Choice is a single entity Act instructs Commerce to use rates Subsidies in this administrative review.8 established for individually investigated Therefore, we preliminarily find that producers and exporters, excluding any Commerce has preliminarily adjusted Best Choice does not qualify for no- rates that are zero, de minimis, or based Junhong’s U.S. price for export shipment status and will be part of the entirely on facts available in subsidies, pursuant to 772(c)(1)(C) of the China-wide entity. However, we intend investigations. In the instant Act, and domestic subsidies passed- to seek additional information from this administrative review, Junhong is the through, pursuant to section 777A(f) of entity following these preliminary only reviewed respondent that received the Act. results. a calculated weighted-average margin. Therefore, for the preliminary results, Preliminary Results of Review Separate Rates Commerce has preliminarily determined As a result of this review, we Commerce preliminarily determines to assign Junhong’s margin to the non- preliminarily determine the weighted- that the information placed on the selected separate-rate companies. average dumping margins rates to be:

Weighted- average Exporter dumping margin (percent)

Zhaoqing Junhong Co., Ltd ...... 73.63 Jiangsu Hankook Tire Co., Ltd ...... 73.63 Kenda Rubber (China) Co., Ltd ...... 73.63 Mayrun Tyre (Hong Kong) Limited ...... 73.63 Qingdao Odyking Tyre Co., Ltd ...... 73.63 Qingdao Sentury Tire Co., Ltd./Sentury Tire USA Inc./Sentury (Hong Kong) Trading Co., Limited ...... 73.63 Shandong Anchi Tyres Co., Ltd ...... 73.63 Shandong Hengyu Science & Technology Co., Ltd ...... 73.63 Shandong Linglong Tyre Co., Ltd ...... 73.63 Shandong Longyue Rubber Co., Ltd ...... 73.63 Shandong New Continent Tire Co., Ltd ...... 73.63 Shandong Province Sanli Tire Manufactured Co., Ltd ...... 73.63 Shandong Shuangwang Rubber Co., Ltd ...... 73.63 Shandong Wanda Boto Tyre Co., Ltd ...... 73.63 Shandong Yongsheng Rubber Group Co., Ltd ...... 73.63 Shouguang Firemax Tyre Co., Ltd ...... 73.63 Winrun Tyre Co., Ltd ...... 73.63

7 See the Preliminary Determination Review of Certain Passenger Vehicle and Light Amended Final Affirmative Antidumping Duty Memorandum at ‘‘Discussion of Methodology.’’ Truck Tires from the People’s Republic of China: Determination and Antidumping Duty Order; and 8 Id. In addition, as explained in the Preliminary Preliminary Separate Rate Status,’’ (September 4, Amended Final Affirmative Countervailing Duty Decision Memorandum, there is evidence on the 2018) (Preliminary Separate Rate Memorandum). Determination and Countervailing Duty Order, 80 9 record of this review that Best Choice and BC Tyre See Preliminary Denial of Separate Rate Status FR 47902, 47906 (August 10, 2015) (Order). Group Limited continue to have intertwined Memorandum for a complete discussion regarding 11 For additional information regarding operations in this review. For a business proprietary the companies preliminarily not granted separate discussion of the Best Choice and BC Tyre Group rate status. Commerce’s separate rate determinations, see the Limited relationship, please see Commerce 10 See Certain Passenger Vehicle and Light Truck Preliminary Decision Memorandum. Memorandum, ‘‘Antidumping Duty Administrative Tires from the People’s Republic of China:

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Disclosure and Public Comment results of this administrative review, that an exporter under review had no Commerce intends to disclose to which will include the results of its shipments of the subject merchandise, parties the calculations performed for analysis of issues raised in any briefs, any suspended entries that entered these preliminary results of review within 120 days of publication of these under that exporter’s CBP case number within five days of the date of preliminary results of review, pursuant will be liquidated at the rate for the publication of this notice in the Federal to section 751(a)(3)(A) of the Act. China-wide entity. For the companies for which this Register in accordance with 19 CFR Assessment Rates 351.224(b). Interested parties may review is rescinded, antidumping duties Upon issuance of the final results of submit case briefs no later than 30 days will be assessed at rates equal to the this review, Commerce will determine, after the date of publication of these cash deposit of estimated antidumping and CBP shall assess, antidumping preliminary results of review.12 Rebuttal duties required at the time of entry, or duties on all appropriate entries covered briefs may be filed no later than five withdrawal from warehouse, for by this review.19 Commerce intends to days after case briefs are due, and may consumption, in accordance with 19 issue assessment instructions to CBP 15 respond only to arguments raised in the CFR 351.212(c)(l)(i). Commerce intends days after the publication date of the case briefs.13 A table of contents, list of to issue appropriate assessment final results of this review. For each authorities used, and an executive instructions with respect to the individually examined respondent in summary of issues should accompany companies for which this review is this review whose weighted-average any briefs submitted to Commerce. The rescinded to CBP 15 days after the dumping margin in the final results of summary should be limited to five pages publication of this notice. review is not zero or de minimis (i.e., In accordance with section total, including footnotes.14 Interested parties who wish to request less than 0.5 percent), Commerce 751(a)(2)(C) of the Act, the final results a hearing must submit a written request intends to calculate importer-specific of this review shall be the basis for the assessment rates, in accordance with 19 assessment of antidumping duties on to the Assistant Secretary for 20 Enforcement and Compliance, U.S. CFR 351.212(b)(1). Where the POR entries, and for future deposits of Department of Commerce, within 30 respondent reported reliable entered estimated antidumping duties, where days after the date of publication of this values, Commerce intends to calculate applicable. importer-specific ad valorem notice.15 Requests should contain the Cash Deposit Requirements assessment rates by aggregating the party’s name, address, and telephone Commerce will instruct CBP to number, the number of participants in, amount of dumping calculated for all U.S. sales to the importer, and dividing require a cash deposit for antidumping and a list of the issues to be discussed duties equal to the weighted-average at, the hearing. Oral arguments at the this amount by the total entered value of the sales to the importer.21 Where the amount by which NV exceeds U.S. hearing will be limited to issues raised price. The following cash deposit in the briefs. If a request for a hearing importer did not report entered values, Commerce intends to calculate an requirements will be effective upon is made, Commerce intends to hold the publication of the final results of this hearing at the U.S. Department of importer-specific assessment rate by dividing the amount of dumping for administrative review for shipments of Commerce, 1401 Constitution Avenue the subject merchandise from China NW, Washington, DC 20230, at a date reviewed sales to the importer by the 16 total sales quantity associated with entered, or withdrawn from warehouse, and time to be determined. Parties for consumption on or after the should confirm by telephone the date, those transactions. Where an importer- specific ad valorem assessment rate is publication date of this notice, as time, and location of the hearing two provided by section 751(a)(2)(C) of the days before the scheduled date of the not zero or de minimis, Commerce will instruct CBP to collect the appropriate Act: (1) For the exporters listed above, hearing. the cash deposit rate will be equal to the All submissions, with limited duties at the time of liquidation. Where weighted-average dumping margin exceptions, must be filed electronically either the respondent’s weighted established in the final results of this using ACCESS.17 An electronically filed average dumping margin is zero or de review (except, if the rate is de minimis document must be received successfully minimis, or an importer-specific ad (i.e., less than 0.5 percent), then the cash in its entirety by Commerce’s electronic valorem assessment rate is zero or de deposit rate will be zero for that records system, ACCESS, by 5 p.m. minimis, Commerce will instruct CBP to exporter); (2) for previously investigated Eastern Time (ET) on the due liquidate appropriate entries without 22 or reviewed China and non-China date.Documents excepted from the regard to antidumping duties. Pursuant to Commerce practice, for exporters not listed above that have electronic submission requirements entries that were not reported in the separate rates, the cash deposit rate will must be filed manually (i.e., in paper U.S. sales database submitted by an continue to be the exporter-specific rate form) with the APO/Dockets Unit in exporter individually examined during published for the most recently Room 18022 and stamped with the date this review, Commerce will instruct completed segment of this proceeding; and time of receipt by 5 p.m. ET on the 18 CBP to liquidate such entries at the rate (3) for all China exporters of subject due date. 23 Unless otherwise extended, for the China-wide entity. merchandise which have not been Additionally, if Commerce determines Commerce intends to issue the final found to be entitled to a separate rate, the cash deposit rate will be the rate for 19 See 19 CFR 351.212(b)(1). 12 See 19 CFR 351.309(c)(ii). the China-wide entity (i.e., 76.46 20 See Antidumping Proceedings: Calculation of 24 13 percent) and (4) for all non-China See 19 CFR 351.309(d). the Weighted Average Dumping Margin and 14 See 19 CFR 351.309(c)(2), (d)(2). Assessment Rate in Certain Antidumping exporters of subject merchandise that 15 See 19 CFR 351.310(c). Proceedings: Final Modification, 77 FR 8101 have not received their own rate, the 16 See 19 CFR 351.310(d). (February 14, 2012) (Final Modification). cash deposit rate will be the rate 17 See generally 19 CFR 351.303. 21 See 19 CFR 351.212(b)(1). applicable to the China exporter that 18 See 19 CFR 351.303 (for general filing 22 See Final Modification, 77 FR at 8103. supplied that non- China exporter. requirements); Antidumping and Countervailing 23 See Non-Market Economy Antidumping Duty Proceedings: Electronic Filing Procedures; Proceedings: Assessment of Antidumping Duties, 76 These deposit requirements, when Administrative Protective Order Procedures, 76 FR FR 65694 (October 24, 2011), for a full discussion 39263 (July 6, 2011). of this practice. 24 See Order, 80 FR 47904.

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imposed, shall remain in effect until 20. Shandong Haolong Rubber Co., Ltd. proposed authorization is provided to further notice. 21. Shandgong Hongsheng Rubber Co., Ltd. the public for review. 22. Shandong Province Sanli Tire An authorization for incidental Notification to Importers 23. Shifeng Juxing Tire Co., Ltd. takings shall be granted if NMFS finds This notice also serves as a 24. Southeast Mariner International Co., Ltd. that the taking will have a negligible 25. Toyo Tire (Zhangjiagang) Co., Ltd. preliminary reminder to importers of impact on the species or stock(s), will their responsibility under 19 CFR [FR Doc. 2018–19699 Filed 9–10–18; 8:45 am] not have an unmitigable adverse impact 351.402(f)(2) to file a certificate BILLING CODE 3510–DS–P on the availability of the species or regarding the reimbursement of stock(s) for subsistence uses (where antidumping duties and/or relevant), and if the permissible countervailing duties prior to DEPARTMENT OF COMMERCE methods of taking and requirements pertaining to the mitigation, monitoring liquidation of the relevant entries National Oceanic and Atmospheric and reporting of such takings are set during this POR. Failure to comply with Administration this requirement could result in forth. Commerce’s presumption that RIN 0648–XG011 NMFS has defined ‘‘negligible reimbursement of antidumping duties impact’’ in 50 CFR 216.103 as an impact and/or countervailing duties has Takes of Marine Mammals Incidental resulting from the specified activity that occurred, and the subsequent To Specified Activities; Taking Marine cannot be reasonably expected to, and is assessment of double antidumping Mammals Incidental to Bremerton and not reasonably likely to, adversely affect duties and/or an increase in the amount Edmonds Ferry Terminals Dolphin the species or stock through effects on of antidumping duties by the amount of Relocation Project in Washington State annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ the countervailing duties. AGENCY: National Marine Fisheries means to harass, hunt, capture, kill or These preliminary results are issued Service (NMFS), National Oceanic and and published in accordance with attempt to harass, hunt, capture, or kill Atmospheric Administration (NOAA), any marine mammal. sections 751(a)(1) and 777(i)(1) of the Commerce. Act and 19 CFR 351.213 and Except with respect to certain ACTION: Notice; issuance of an incidental 351.221(b)(4). activities not pertinent here, the MMPA harassment authorization. defines ‘‘harassment’’ as any act of Dated: September 4, 2018. pursuit, torment, or annoyance which (i) SUMMARY: In accordance with the Gary Taverman, has the potential to injure a marine regulations implementing the Marine Deputy Assistant Secretary for Antidumping mammal or marine mammal stock in the Mammal Protection Act (MMPA) as and Countervailing Duty Operations wild (Level A harassment); or (ii) has amended, notification is hereby given performing the non-exclusive functions and the potential to disturb a marine that we have issued an incidental duties of the Assistant Secretary for mammal or marine mammal stock in the Enforcement and Compliance. harassment authorization (IHA) to wild by causing disruption of behavioral Washington State Department of Appendix 1 patterns, including, but not limited to, Transportation (WSDOT) to take small migration, breathing, nursing, breeding, List of Topics Discussed in the Preliminary numbers of marine mammals, by feeding, or sheltering (Level B Decision Memorandum harassment, incidental to Bremerton harassment). I. Summary and Edmonds ferry terminals dolphin II. Background relocation project in Washington State. Summary of Request III. Partial Rescission of Administrative DATES: This authorization is effective On October 4, 2017, WSDOT Review from October 1, 2018, through IV. Scope of the Order submitted a request to NMFS requesting V. Discussion of the Methodology September 30, 2019. an IHA for the possible harassment of VI. Recommendation FOR FURTHER INFORMATION CONTACT: small numbers of marine mammal Shane Guan, Office of Protected species incidental to the dolphin Appendix 2 Resources, NMFS, (301) 427–8401. relocation project at the Bremerton and List of Companies Not Receiving Separate Electronic copies of the application and Edmonds ferry terminals in Washington Rate Status supporting documents, as well as the State, between October 1, 2018, to 1. BC Tyre Group Limited issued IHA, may be obtained online at: September 30, 2019. NMFS determined 2. Best Choice International Trade Co., www.nmfs.noaa.gov/pr/permits/ that the IHA application is adequate and Limited incidental/construction.htm. In case of complete on December 4, 2017, with a 3. Chen Shin Tire & Rubber (China) Co., Ltd. problems accessing these documents, few minor comments and questions. 4. Crown International Corporation please call the contact listed above. WSDOT subsequently addressed all 5. Hankook Tire China Co., Ltd. NMFS comments and submitted a 6. Hebei Tianrui Rubber Co., Ltd. SUPPLEMENTARY INFORMATION: revised IHA application on March 1, 7. Hong Kong Tiancheng Investment & Background Trading Co., Limited 2018. NMFS is proposing to authorize 8. Hong Kong Tri-Ace Tire Co., Limited Sections 101(a)(5)(A) and (D) of the the take by Level B harassment of the 9. Hwa Fong Rubber (Hong Kong) Ltd. MMPA (16 U.S.C. 1361 et seq.) direct following marine mammal species: 10. Hwa Fong Rubber (Suzhou) Ltd. the Secretary of Commerce (as delegated Harbor seal (Phoca vitulina); northern 11. Qingdao Fullrun Tyre Corp. Ltd. to NMFS) to allow, upon request, the elephant seal (Mirounga angustirostris); 12. Qingdao Fullrun Tyre Tech Corp. Ltd. incidental, but not intentional, taking of California sea lion (Zalophus 13. Qingdao Nexen Tire Corporation small numbers of marine mammals by californianus); Steller sea lion 14. Qingdao Qianzhen Tyre Co., Ltd. U.S. citizens who engage in a specified (Eumetopias jubatus); killer whale 15. Qingdao Qihang Tyre Co., Ltd. 16. Qingdao Qizhou Rubber Co., Ltd. activity (other than commercial fishing) (Orcinus orca); gray whale (Eschrichtius 17. Shandong Duratti Rubber Corporation within a specified geographical region if robustus); humpback whale (Megaptera Co., Ltd. certain findings are made and either novaeangliae); minke whale 18. Shandong Haohua Tire Co., Ltd. regulations are issued or, if the taking is (Balaenoptera acutorostrata); harbor 19. Shandong Haolong Rubber Tire Co., Ltd. limited to harassment, a notice of a porpoise (Phocoena phocoena); Dall’s

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porpoise (Phocoenoides dalli); and long- shoreline of Sinclair Inlet, south of This is a back group of piles that beaked common dolphin (Delphinus Bainbridge Island. Located in Kitsap provide stability to the dolphin. delphis). County, Washington, the terminal is • Install a concrete diaphragm (the located in Section 24, Township 24 Description of Proposed Activity diaphragm joins the piles at their tops), North, Range 1 East. The Edmonds Ferry then use a vibratory hammer to install Overview Terminal is located in the city of the remaining four 30-inch reaction The WSDOT is proposing to relocate Edmonds, along the downtown piles. one dolphin to improve safety at each of waterfront. Edmonds is in Snohomish • Using a vibratory hammer, install the Bremerton and Edmonds ferry County, approximately 15 miles north of three 36-inch diameter steel pipe fender terminals. The Olympic Class ferries Seattle. The terminal is located in piles; install fenders and attach rub have an atypical shape, which at some Section 23, Township 27 North, Range panels to the fender piles. Fender piles terminals causes the vessel to make 3 East (Figure 1–2 in the IHA absorb much of the energy as the ferry contact with the inner dolphin prior to application). Land use near both ferry vessel makes contact with the dolphin. the stern reaching the intermediate or terminals is a mix of residential, • Using a vibratory hammer, remove outer dolphin. This tends to cause commercial, industrial, and open space the 36-inch temporary indicator pile rotation of the vessel away from the and/or undeveloped lands. and install it as the last remaining wingwalls and presents a safety issue. Detailed Description of In-Water Pile fender pile along with the fender and The project will reduce the risk of Driving and Removal Associated With fender panel. landing issues for Olympic Class ferries the Dolphin Relocation Project at The following construction activities at the Bremerton and Edmonds ferry Bremerton and Edmonds Ferry (in sequence) are anticipated for the terminals. Terminals Edmonds Ferry Terminal. Dates and Duration The proposed project includes • Install one temporary 36-inch Due to NMFS and the U.S. Fish and vibratory hammer driving and removal diameter steel indicator pile with a Wildlife Service (USFWS) in-water creating elevated in-water and in-air vibratory hammer. The temporary work timing restrictions to protect ESA- noise that may impact marine mammals. indicator pile will be used as a visual listed salmonids, planned WSDOT in- The following construction activities landing aid reference for vessel captains water construction is limited each year (in sequence) are anticipated for the during construction. to July 16 through February 15. Bremerton Ferry Terminal. • Using a vibratory hammer, install • In-water construction at the Install one temporary 36-inch one 30-inch reaction pile. Bremerton Ferry Terminal will diameter steel indicator pile with a • Using a vibratory hammer, install commence after October 1, and is vibratory hammer. The temporary the two remaining reaction piles planned during the August 1, 2018, to indicator pile will be used as a visual through the diaphragm. landing aid reference for vessel captains February 15, 2019 in-water work • Using a vibratory hammer, remove window. In-water construction at the during construction. It will be relocated three 36-inch steel pipe fender piles and Edmonds Ferry Terminal will to become a fender pile for the new reinstall them in their new locations. dolphin. commence October 1, and is planned • during the July 15, 2018, to February 15, • Remove the existing left outer Using a vibratory hammer, remove 2019 in-water work window. dolphin that consists of six 36-inch the 36-inch temporary indicator pile diameter steel pipe piles with a (this portion of the project will not reuse Specified Geographic Region vibratory hammer and/or by direct pull the indicator pile). The Bremerton Ferry Terminal is and clamshell removal. A summary of the piles to be installed located in the city of Bremerton, east of • Using a vibratory hammer, install and removed, along with pile driving the Navy shipyard. Bremerton is on the three 30-inch steel pile reaction piles. information, is provided in Table 1. TABLE 1—SUMMARY OF IN-WATER PILE DRIVING AND REMOVAL DURATIONS

Duration/ Location Pile element Method Pile type Size Pile No. pile Number Duration (inch) (min) pile/day (days)

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

Subtotal ...... 19 345 ...... 9 Edmond ...... Indicator pile ...... Vibratory install ...... Steel ...... 36 1 20 1 1 Indicator pile ...... Vibratory removal ...... Steel ...... 36 1 15 1 1 Existing dolphin removal Vibratory removal ...... Steel ...... 36 3 15 3 1 Relocated dolphin ...... Vibratory install ...... Steel ...... 36 3 20 3 1 Relocated dolphin ...... Vibratory install ...... Steel ...... 30 3 20 3 1

Subtotal ...... 11 200 ...... 5

Total ...... 30 545 ...... 14

Proposed mitigation, monitoring, and ‘‘Mitigation’’ and ‘‘Monitoring and Comments and Responses reporting measures are described in Reporting’’ sections). A notice of NMFS’ proposal to issue detail later in this document (please see an IHA was published in the Federal Register on April 16, 2018 (83 FR

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16330). During the 30-day public general route, such as a rulemaking, killer whales in the area during the comment period, NMFS received instead of notice in a specific project. WDC further recommends that comment letters from the Marine authorization. The Commission further if a protected species observer (PSO) is Mammal Commission (Commission) recommended that if NMFS did not unable to differentiate between transient and the Whale and Dolphin pursue a more general route, that the and resident killer whales, any killer Conservation (WDC). Specific comments agency provide the Commission and the whale sighting near the shutdown zone and responses are provided below. public with a legal analysis supporting should result in shutdown measures. In Comment 1: The Commission our conclusion that this process is addition, WDC recommends WSDOT recommends that NMFS require consistent with the requirements of employ soft-start or ramp-up methods WSDOT to collect spectral data at the section 101(a)(5)(D) of the MMPA. for pile driving activities to give any source to verify the spectrum of 36-in Response: The process of issuing a marine mammal within hearing range piles and adjust the Level A harassment renewal IHA does not bypass the public time to respond to increased noise zones as necessary, rather than continue notice and comment requirements of the levels and leave the area before work to use the spectrum associated with 30- MMPA. The notice of the proposed IHA begins. in piles. expressly notifies the public that under Response: NMFS agrees with WDC’s Response: NMFS agrees with the certain, limited conditions an applicant recommendations. In fact, all the Commission that if WSDOT plans to could seek a renewal IHA for an recommended mitigation and conduct pile driving source level additional year. The notice describes the monitoring measures in the WDC’s measurements, spectral data should be conditions under which such a renewal comment letter were already in the required to calculate Level A request could be considered and proposed IHA. These measures include, harassment zones. However, WSDOT expressly seeks public comment in the but not limited to, (1) coordinating with stated that it does not plan to conduct event such a renewal is sought. the Orca Network on a daily basis source level measurements for the Additional reference to this solicitation during pile driving to understand Bremerton-Edmonds ferry terminal of public comment has recently been marine mammal presence near the construction. Instead, WSDOT plans to added at the beginning of FR notices project areas and also sharing project use broadband source level that consider renewals. NMFS sightings data with Orca Network; (2) measurement on the 36-in piles appreciates the streamlining achieved implementing shutdown measures if a collected at Edmonds Ferry Terminal in by the use of abbreviated Federal killer whale is sighted near the 2017 and applies the 30-in pile Register notices and intends to continue shutdown zone when the ecotype of the spectrum to model for Level A using them for proposed IHAs that killer whale is unknown, and (3) harassment zones. NMFS has include minor changes from previously implementing ramp-up methods for pile determined that this is acceptable for issued IHAs, but which do not satisfy driving activities. this activity, though we plan to continue the renewal requirements. However, we Description of Marine Mammals in the evaluating this determination as new believe our proposed method for issuing Area of Specified Activities information is collected. Therefore, renewals meets statutory requirements since WSDOT does not plan to conduct and maximizes efficiency. Importantly, We have reviewed the applicant’s source measurements for the Bremerton- such renewals would be limited to species information, which summarizes Edmonds ferry terminal project, NMFS where the activities are identical or available information regarding status will not request it to acquire spectral nearly identical to those analyzed in the and trends, distribution and habitat data. proposed IHA, monitoring does not preferences, behavior and life history, Comment 2: The Commission indicate impacts that were not and auditory capabilities of the commented that the method NMFS used previously analyzed and authorized, potentially affected species—for to estimate the numbers of takes during and the mitigation and monitoring accuracy and completeness and refer the the proposed activities, which summed requirements remain the same, all of reader to Sections 3 and 4 of the fractions of takes for each species across which allow the public to comment on applications, as well as to NMFS’ Stock project days, does not account for and the appropriateness and effects of a Assessment Reports (SAR; https:// negates the intent of NMFS’ 24-hour renewal at the same time the public www.fisheries.noaa.gov/national/ reset policy. The Commission also provides comments on the initial IHA. marine-mammal-protection/marine- recommends that NMFS develop and NMFS has, however, modified the mammal-stock-assessment-reports- share guidance on this issue. language for future proposed IHAs to region#reports). Response: NMFS has provided the clarify that all IHAs, including renewal Table 2 lists all species with expected guidance to the Commission; and, as IHAs, are valid for no more than one potential for occurrence in Bremerton described therein and discussed year and that the agency would consider and Edmonds ferry terminal project area subsequently, we have determined that only one renewal for a project at this and summarizes information related to the method used for rounding take time. In addition, notice of issuance or the population or stock, including estimates here is appropriate and does denial of a renewal IHA would be potential biological removal (PBR), not conflict with the methodology that published in the Federal Register, as are where known. For taxonomy, we follow the Commission refers to as the ‘‘24- all IHAs. Last, NMFS will publish on Committee on Taxonomy (2017). PBR, hour reset policy.’’ our website a description of the renewal defined by the MMPA as the maximum Comment 3: The Commission process before any renewal is issued number of animals, not including requested clarification of certain issues utilizing the new process. natural mortalities, that may be removed associated with NMFS’s notice that one- Comment 4: The WDC states that as from a marine mammal stock while year renewals could be issued in certain part of the recently initiated Washington allowing that stock to reach or maintain limited circumstances and expressed State Southern Resident Recovery Task its optimum sustainable population, is concern that the process would bypass Force, WSDOT should utilize locally considered in concert with known the public notice and comment available resources, including a sources of ongoing anthropogenic requirements. The Commission also hydrophone network and well-informed mortality to assess the population-level suggested that NMFS should discuss the local sightings network, to monitor the effects of the anticipated mortality from possibility of renewals through a more presence, abundance, and movement of a specific project (as described in

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NMFS’ SARs). While no mortality is number estimated within a particular stocks in this region are assessed in anticipated or authorized here, PBR and study or survey area. NMFS’ stock NMFS’ 2017 U.S. Pacific Marine annual serious injury and mortality are abundance estimates for most species Mammal SARs (Carretta et al., 2018). included here as gross indicators of the represent the total estimate of The 2017 SAR is available online at: status of the species and other threats. individuals within the geographic area, https://www.fisheries.noaa.gov/ Marine mammal abundance estimates if known, that comprises that stock. For national/marine-mammal-protection/ presented in this document represent some species, this geographic area may marine-mammal-stock-assessment- the total number of individuals that extend beyond U.S. waters. All managed reports-region#reports. make up a given stock or the total TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROPOSED PROJECT AREA

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae

Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... -; N 20,990 (0.05, 20,125) ...... 624 132

Family Balaenopteridae

Humpback whale ...... Megaptera novaneagliae ...... California/Oregon/Washington E/D;Y 1,918 (0.03, 1,976) ...... 11.0 >6.5 Minke whale ...... Balaenoptera acutorostrata .... California/Oregon/Washington -; N 636 (0.72, 369) ...... 3.5 >1.3

Family Delphinidae

Killer whale ...... Orcinus orca ...... Eastern N Pacific Southern E/D; Y 83 (NA, 83) ...... 0.14 0 resident. West coast transient ...... -; N 243 (NA, 243) ...... 2.4 0 Long-beaked common dolphin Delphinus delphis ...... California ...... -; N 101,305 (0.49, 68,432) ...... 657 >35.4

Family Phocoenidae (porpoises)

Harbor porpoise ...... Phocoena phocoena ...... Washington inland waters ...... -; N 11,233 (0.37, 8,308) ...... 66 7.2 Dall’s porpoise ...... Phocoenoides dali ...... California/Oregon/Washington -; N 25,750 (0.45, 17,954) ...... 172 0.3

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions)

California sea lion ...... Zalophus californianus ...... U.S...... -; N 296,750 (NA, 153,337) ...... 9,200 389 Steller sea lion ...... Eumetopias jubatus ...... Eastern U.S...... -; N 41,638 (NA, 41,638) ...... 2,498 108

Family Phocidae (earless seals)

Harbor seal ...... Phoca vitulina ...... Washington northern inland -; N 11,036 4 (unk, unk) ...... 1,641 43 waters. Northern elephant seal ...... Mirounga angustirostris ...... California breeding ...... -; N 179,000 (NA, 81,368) ...... 4,882 8.8 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports-region#reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4 Harbor seal estimate is based on data that are 8 years old, but this is the best available information for use here.

All species that could potentially Wildlife Service and are not considered Ketten, 1999; Au and Hastings, 2008). occur in the proposed construction further in this document. To reflect this, Southall et al. (2007) areas are included in Table 2. Although Marine Mammal Hearing recommended that marine mammals be the SRKW could occur in the vicinity of divided into functional hearing groups the project area, WSDOT proposes to Hearing is the most important sensory based on directly measured or estimated implement strict monitoring and modality for marine mammals hearing ranges on the basis of available underwater, and exposure to mitigation measures with assistance behavioral response data, audiograms anthropogenic sound can have from local marine mammal researchers derived using auditory evoked potential deleterious effects. To appropriately and observers. Thus, the take of this assess the potential effects of exposure techniques, anatomical modeling, and marine mammal stock can be avoided to sound, it is necessary to understand other data. Note that no direct (see details in Mitigation section). the frequency ranges marine mammals measurements of hearing ability have In addition, sea otters may be found are able to hear. Current data indicate been successfully completed for in Puget Sound area. However, this that not all marine mammal species mysticetes (i.e., low-frequency species is managed by the U.S. Fish and have equal hearing capabilities (e.g., cetaceans). Subsequently, NMFS (2016) Richardson et al., 1995; Wartzok and described generalized hearing ranges for

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these marine mammal hearing groups. activities. Please refer to Table 2. Of the threshold returns to the pre-exposure Generalized hearing ranges were chosen cetacean species that may be present, value), it is a temporary threshold shift based on the approximately 65 decibel one species is classified as low- (TTS) (Southall et al., 2007). (dB) threshold from the normalized frequency cetaceans (i.e., gray, Threshold Shift (noise-induced loss of composite audiograms, with the humpback, and minke whales), two are hearing)—When animals exhibit exception for lower limits for low- classified as mid-frequency cetaceans reduced hearing sensitivity (i.e., sounds frequency cetaceans where the lower (killer whale and long-beaked common must be louder for an animal to detect bound was deemed to be biologically dolphin), and two are classified as high- them) following exposure to an intense implausible and the lower bound from frequency cetaceans (i.e., harbor and sound or sound for long duration, it is Southall et al. (2007) retained. The Dall’s porpoise). referred to as a noise-induced TS. An functional groups and the associated animal can experience TTS or Potential Effects of Specified Activities frequencies are indicated below (note permanent threshold shift (PTS). TTS on Marine Mammals and Their Habitat that these frequency ranges correspond can last from minutes or hours to days to the range for the composite group, This section includes a summary and (i.e., there is complete recovery), can with the entire range not necessarily discussion of the ways that components occur in specific frequency ranges (i.e., reflecting the capabilities of every of the specified activity may impact an animal might only have a temporary species within that group): marine mammals and their habitat. The loss of hearing sensitivity between the • Low-frequency cetaceans ‘‘Estimated Take by Incidental frequencies of 1 and 10 kHz), and can (mysticetes): Generalized hearing is Harassment’’ section later in this be of varying amounts (for example, an estimated to occur between document will include a quantitative animal’s hearing sensitivity might be approximately 7 hertz (Hz) and 35 analysis of the number of individuals reduced initially by only 6 dB or kilohertz (kHz); that are expected to be taken by this reduced by 30 dB). PTS is permanent, • Mid-frequency cetaceans (larger activity. The ‘‘Negligible Impact but some recovery is possible. PTS can toothed whales, beaked whales, and Analysis and Determination’’ section also occur in a specific frequency range most delphinids): Generalized hearing is will consider the content of this section, and amount as mentioned above for estimated to occur between the ‘‘Estimated Take by Incidental TTS. approximately 150 Hz and 160 kHz; Harassment’’ section, and the For marine mammals, published data • High-frequency cetaceans ‘‘Mitigation’’ section, to draw are limited to the captive bottlenose (porpoises, river dolphins, and members conclusions regarding the likely impacts dolphin, beluga, harbor porpoise, and of the genera Kogia and of these activities on the reproductive Yangtze finless porpoise (Finneran, Cephalorhynchus; including two success or survivorship of individuals 2015). For pinnipeds in water, data are members of the genus Lagenorhynchus, and how those impacts on individuals limited to measurements of TTS in on the basis of recent echolocation data are likely to impact marine mammal harbor seals, an elephant seal, and and genetic data): Generalized hearing is species or stocks. California sea lions (Kastak et al., 1999, estimated to occur between Potential impacts to marine mammals 2005; Kastelein et al., 2012b). approximately 275 Hz and 160 kHz. from the Bremerton-Edmonds ferry Lucke et al. (2009) found a TS of a • Pinnipeds in water; Phocidae (true terminal construction project are from harbor porpoise after exposing it to seals): Generalized hearing is estimated noise generated during in-water pile airgun noise with a received sound to occur between approximately 50 Hz driving and pile removal activities. pressure level (SPL) at 200.2 dB (peak- to 86 kHz; to-peak) re: 1 micropascal (mPa), which • Pinnipeds in water; Otariidae (eared Acoustic Effects corresponds to a sound exposure level seals): Generalized hearing is estimated Here, we first provide background of 164.5 dB re: 1 mPa2 s after integrating to occur between 60 Hz and 39 kHz. information on marine mammal hearing exposure. Because the airgun noise is a The pinniped functional hearing before discussing the potential effects of broadband impulse, one cannot directly group was modified from Southall et al. the use of active acoustic sources on determine the equivalent of root mean (2007) on the basis of data indicating marine mammals. square (rms) SPL from the reported that phocid species have consistently The WSDOT’s Bremerton-Edmond peak-to-peak SPLs. However, applying a demonstrated an extended frequency ferry terminal construction project using conservative conversion factor of 16 dB range of hearing compared to otariids, in-water pile driving and pile removal for broadband signals from seismic especially in the higher frequency range could adversely affect marine mammal surveys (McCauley, et al., 2000) to (Hemila¨ et al., 2006; Kastelein et al., species and stocks by exposing them to correct for the difference between peak- 2009; Reichmuth and Holt, 2013). elevated noise levels in the vicinity of to-peak levels reported in Lucke et al. The pinniped functional hearing the activity area. (2009) and rms SPLs, the rms SPL for group was modified from Southall et al. Exposure to high intensity sound for TTS would be approximately 184 dB re: (2007) on the basis of data indicating a sufficient duration may result in 1 mPa, and the received levels associated that phocid species have consistently auditory effects such as a noise-induced with PTS (Level A harassment) would demonstrated an extended frequency threshold shift (TS)—an increase in the be higher. Therefore, based on these range of hearing compared to otariids, auditory threshold after exposure to studies, NMFS recognizes that TTS of especially in the higher frequency range noise (Finneran et al., 2005). Factors harbor porpoises is lower than other (Hemila¨ et al., 2006; Kastelein et al., that influence the amount of threshold cetacean species empirically tested 2009; Reichmuth et al., 2013). shift include the amplitude, duration, (Finneran & Schlundt, 2010; Finneran et For more detail concerning these frequency content, temporal pattern, al., 2002; Kastelein and Jennings, 2012). groups and associated frequency ranges, and energy distribution of noise Marine mammal hearing plays a please see NMFS (2016) for a review of exposure. The magnitude of hearing critical role in communication with available information. Eleven marine threshold shift normally decreases over conspecifics, and interpretation of mammal species (7 cetacean and 4 time following cessation of the noise environmental cues for purposes such pinniped (2 otariid and 2 phocid) exposure. The amount of TS just after as predator avoidance and prey capture. species) have the reasonable potential to exposure is the initial TS. If the TS Depending on the degree (elevation of co-occur with the proposed construction eventually returns to zero (i.e., the threshold in dB), duration (i.e., recovery

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time), and frequency range of TTS, and can potentially affect the species at depends on the severity, duration, and the context in which it is experienced, population, community, or even context of the effects. TTS can have effects on marine ecosystem levels, as well as individual Potential Effects on Marine Mammal mammals ranging from discountable to levels. Masking affects both senders and Habitat serious (similar to those discussed in receivers of the signals and could have auditory masking, below). For example, long-term chronic effects on marine The primary potential impacts to a marine mammal may be able to readily mammal species and populations. marine mammal habitat are associated compensate for a brief, relatively small Recent science suggests that low with elevated sound levels produced by amount of TTS in a non-critical frequency ambient sound levels have vibratory pile removal and pile driving frequency range that occurs during a increased by as much as 20 dB (more in the area. However, other potential time where ambient noise is lower and than three times in terms of SPL) in the impacts to the surrounding habitat from there are not as many competing sounds world’s ocean from pre-industrial physical disturbance are also possible. present. Alternatively, a larger amount periods, and most of these increases are With regard to fish as a prey source and longer duration of TTS sustained from distant shipping (Hildebrand, for cetaceans and pinnipeds, fish are during time when communication is 2009). For WSDOT’s Bremerton- known to hear and react to sounds and critical for successful mother/calf Edmonds ferry terminal project, noises to use sound to communicate (Tavolga interactions could have more serious from vibratory pile driving and pile et al., 1981) and possibly avoid impacts. Also, depending on the degree removal contribute to the elevated predators (Wilson and Dill, 2002). and frequency range, the effects of PTS ambient noise levels in the project area, Experiments have shown that fish can on an animal could range in severity, thus increasing potential for or severity sense both the strength and direction of although it is considered generally more of masking. Baseline ambient noise sound (Hawkins, 1981). Primary factors serious because it is a permanent levels in the vicinity of project area are determining whether a fish can sense a condition. Of note, reduced hearing high due to ongoing shipping, sound signal, and potentially react to it, sensitivity as a simple function of aging construction and other activities in the are the frequency of the signal and the has been observed in marine mammals, Puget Sound. strength of the signal in relation to the as well as humans and other taxa Finally, marine mammals’ exposure to natural background noise level. The level of sound at which a fish (Southall et al., 2007), so one can infer certain sounds could lead to behavioral will react or alter its behavior is usually that strategies exist for coping with this disturbance (Richardson et al., 1995), well above the detection level. Fish condition to some degree, though likely such as changing durations of surfacing have been found to react to sounds not without cost. and dives, number of blows per when the sound level increased to about In addition, chronic exposure to surfacing, or moving direction and/or 20 dB above the detection level of 120 excessive, though not high-intensity, speed; reduced/increased vocal noise could cause masking at particular dB (Ona, 1988); however, the response activities; changing/cessation of certain frequencies for marine mammals, which threshold can depend on the time of behavioral activities (such as socializing utilize sound for vital biological year and the fish’s physiological or feeding); visible startle response or functions (Clark et al., 2009). Acoustic condition (Engas et al., 1993). In aggressive behavior (such as tail/fluke masking is when other noises such as general, fish react more strongly to slapping or jaw clapping); avoidance of from human sources interfere with pulses of sound (such as noise from areas where noise sources are located; animal detection of acoustic signals impact pile driving) rather than and/or flight responses (e.g., pinnipeds such as communication calls, continuous signals (such as noise from flushing into water from haulouts or echolocation sounds, and vibratory pile driving) (Blaxter et al., rookeries). environmental sounds important to 1981), and a quicker alarm response is marine mammals. Therefore, under The onset of behavioral disturbance elicited when the sound signal intensity certain circumstances, marine mammals from anthropogenic noise depends on rises rapidly compared to sound rising whose acoustical sensors or both external factors (characteristics of more slowly to the same level. environment are being severely masked noise sources and their paths) and the During the coastal construction, only could also be impaired from maximizing receiving animals (hearing, motivation, a small fraction of the available habitat their performance fitness in survival experience, demography) and is also would be ensonified at any given time. and reproduction. difficult to predict (Southall et al., Disturbance to fish species would be Masking occurs at the frequency band 2007). Currently NMFS uses a received short-term and fish would return to that the animals utilize. Therefore, since level of 160 dB re 1 mPa (rms) to predict their pre-disturbance behavior once the noise generated from vibratory pile the onset of behavioral harassment from pile driving activity ceases. Thus, the driving is mostly concentrated at low impulse noises (such as impact pile proposed construction would have frequency ranges, it may have less effect driving), and 120 dB re 1 mPa (rms) for little, if any, impact on marine on high frequency echolocation sounds continuous noises (such as vibratory mammals’ prey availability in the area by odontocetes (toothed whales). pile driving). For the WSDOT’s where construction work is planned. However, lower frequency man-made Bremerton-Edmonds ferry terminal Finally, the time of the proposed noises are more likely to affect detection project, only 120-dB level is considered construction activity would avoid the of communication calls and other for effects analysis because WSDOT spawning season of the ESA-listed potentially important natural sounds plans to use only vibratory pile driving salmonid species. such as surf and prey noise. It may also and pile removal. affect communication signals when they The biological significance of many of Estimated Take occur near the noise band and thus these behavioral disturbances is difficult This section provides an estimate of reduce the communication space of to predict, especially if the detected the number of incidental takes animals (e.g., Clark et al., 2009) and disturbances appear minor. However, authorized through this IHA, which will cause increased stress levels (e.g., Foote the consequences of behavioral inform both NMFS’ consideration of et al., 2004; Holt et al., 2009). modification could be biologically whether the number of takes is ‘‘small’’ Unlike TS, masking, which can occur significant if the change affects growth, and the negligible impact over large temporal and spatial scales, survival, and/or reproduction, which determination.

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Harassment is the only type of take these levels in a day; (3) the density or underwater anthropogenic noise above expected to result from these activities. occurrence of marine mammals within received levels of 120 dB re 1 mPa (rms) Except with respect to certain activities these ensonified areas; and, (4) and the for continuous (e.g. vibratory pile- not pertinent here, section 3(18) of the number of days of activities. Below, we driving, drilling) and above 160 dB re 1 MMPA defines ‘‘harassment’’ as any act describe these components in more mPa (rms) for non-explosive impulsive of pursuit, torment, or annoyance which detail and present the take estimate. (e.g., seismic airguns) or intermittent (i) has the potential to injure a marine Acoustic Thresholds (e.g., scientific sonar) sources. mammal or marine mammal stock in the Applicant’s proposed activity Using the best available science, wild (Level A harassment); or (ii) has includes the generation of non-impulse NMFS has developed acoustic the potential to disturb a marine (vibratory pile driving and removal) thresholds that identify the received mammal or marine mammal stock in the source; and, only the 120-dB re 1 mPa level of underwater sound above which wild by causing disruption of behavioral (rms) is used. patterns, including, but not limited to, exposed marine mammals would be Level A harassment for non-explosive migration, breathing, nursing, breeding, reasonably expected to be behaviorally sources—NMFS’ Technical Guidance feeding, or sheltering (Level B harassed (equated to Level B for Assessing the Effects of harassment). harassment) or to incur PTS of some Authorized takes would be by Level B degree (equated to Level A harassment). Anthropogenic Sound on Marine harassment only, in the form of Level B harassment for non-explosive Mammal Hearing (Technical Guidance, disruption of behavioral patterns for sources—Though significantly driven by 2016) identifies dual criteria to assess individual marine mammals resulting received level, the onset of behavioral auditory injury (Level A harassment) to from exposure to noise generated from disturbance from anthropogenic noise five different marine mammal groups vibratory pile driving and removal. exposure is also informed to varying (based on hearing sensitivity) as a result Based on the nature of the activity and degrees by other factors related to the of exposure to noise from two different the anticipated effectiveness of the source (e.g., frequency, predictability, types of sources (impulsive or non- mitigation measures (i.e., shutdown duty cycle), the environment (e.g., impulsive). Applicant’s proposed measures—discussed in detail below in bathymetry), and the receiving animals activity would generate and non- Mitigation section), Level A harassment (hearing, motivation, experience, impulsive (vibratory pile driving and is neither anticipated nor authorized. demography, behavioral context) and pile removal) noises. As described previously, no mortality can be difficult to predict (Southall et These thresholds were developed by is anticipated or authorized for this al., 2007, Ellison et al., 2011). Based on compiling and synthesizing the best activity. Below we describe how the what the available science indicates and available science and soliciting input take is estimated. the practical need to use a threshold multiple times from both the public and Described in the most basic way, we based on a factor that is both predictable peer reviewers to inform the final estimate take by considering: (1) and measurable for most activities, product and are provided in the table Acoustic thresholds above which NMFS NMFS uses a generalized acoustic below. The references, analysis, and believes the best available science threshold based on received level to methodology used in the development indicates marine mammals will be estimate the onset of behavioral of the thresholds are described in NMFS behaviorally harassed or incur some harassment. NMFS predicts that marine 2016 Technical Guidance, which may degree of permanent hearing mammals are likely to be behaviorally be accessed at: http:// impairment; (2) the area or volume of harassed in a manner we consider Level www.nmfs.noaa.gov/pr/acoustics/ water that will be ensonified above B harassment when exposed to guidelines.htm.

TABLE 3—CURRENT ACOUSTIC EXPOSURE CRITERIA FOR NON-EXPLOSIVE SOUND UNDERWATER

PTS onset thresholds Behavioral thresholds Hearing group Impulsive Non-impulsive Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Lpk,flat: 219 dB; LE,LF,24h: 183 dB LE,LF,24h: 199 dB .... Lrms,flat: 160 dB ...... Lrms,flat: 120 dB. Mid-Frequency (MF) Cetaceans ...... Lpk,flat: 230 dB; LE,MF,24h: 185 dB LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Lpk,flat: 202 dB; LE,HF,24h: 155 dB LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) .... Lpk,flat: 218 dB; LE,PW,24h: 185 dB LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) .... Lpk,flat: 232 dB; LE,OW,24h: 203 dB LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area ensonified above the acoustic Source Levels thresholds. Here, we describe operational and The project includes vibratory environmental parameters of the activity removal and/or driving of 30-inch and that will feed into identifying the area 36-inch diameter hollow steel piles. Based on in-water measurements at

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Edmonds Ferry Terminal in 2017 177 dB rms re 1 mPa measured at 10 installation level of 177 dB re 1 mPa (WSDOT 2017), vibratory driving of 30- meters. As a conservative estimate, SEL. inch steel piles generated 174 dB rms re vibratory pile removal source level of A summary of source levels from 1 mPa at 10 meters and vibratory pile 36-in steel pile is based on 36-in pile different pile driving and pile removal driving of a 36-inch steel pile generated activities is provided in Table 4.

TABLE 4—SUMMARY OF IN-WATER PILE DRIVING SOURCE LEVELS [At 10 m from source]

SPL Method Pile type/size SEL rms (dB re 1 μPa2¥s) (dB re 1 μPa)

Vibratory driving/removal ...... 36-in steel pile ...... 177 177 Vibratory driving ...... 30-in steel pile ...... 174 174

These source levels are used to Initial results showed that Level A Marine Mammal Occurrence compute the Level A harassment zones harassment zones from the 3-in piles In this section we provide the and to estimate the Level B harassment were smaller than those from 30-in piles information about the presence, density, zones. For Level A harassment zones, for high-frequency cetaceans, despite or group dynamics of marine mammals since the peak source levels for both the broadband noise level from the 36- that will inform the take calculations. pile driving are below the injury in pile being 3 dB higher than that of 30- thresholds, cumulative SEL were used In most cases, marine mammal in pile. Close examination of the pile density data are from the U.S. Navy to do the calculations using the NMFS driving spectra revealed some unusual acoustic guidance (NMFS 2016). Marine Species Density Database (U.S. high decay rate in the 36-in pile driving Navy 2015) except California sea lion Estimating Harassment Zones sound above 2 kHz. This unusual decay and harbor porpoise. California sea lion For Level B harassment, ensonified was probably due to the specific density at Bremerton area is based on areas are based on WSDOT’s source sediment in the pile driving location. survey data of California sea lions at the measurements (see above) computed Therefore, the spectrum for the 30-in Navy Shipyard at Bremerton from 2012– using 15 * log(R) for transmission loss pile was used to model the 36-in pile 2016 (Navy 2017). Survey results to derive the distances up to 120-dB and scaled up to the 177 dB broadband indicate as many as 144 animals hauled isopleths. level. out each day during this time period, For Level A harassment, calculation is Transmission loss due to absorption with the majority of animals observed August through May and the greatest based on duration of installation/ was also incorporated based using the numbers observed in November. The removal per pile and number of piles equation installed or removed per day, using average of the monthly maximum spectral modeling based on vibratory TL(f) = 15log(R) + a(f) * R/1000 counts during the in-water work pile driving recordings made at window provides an estimate of 69 sea where TL(f) is frequency dependent Edmonds Ferry Terminal for the same lions per day. For harbor porpoise, transmission loss, and a(f) is frequency piles. One-second sound exposure level because Washington Department of Fish (SEL) power spectral densities (PSDs) dependent transmission loss coefficient. and Wildlife has better local were calculated and used as Distances of ensonified area for distribution data based on recent survey representative pile driving sources to different pile driving/removal activities in the area, local animal abundance are assess Level A harassment for marine for different marine mammal hearing used to calculate the take numbers mammals in different hearing groups. groups is present in Table 5. (Evenson, 2016).

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A summary of marine mammal For all marine mammals except whales, takes of eight animals each are density and local occurrence used for California sea lion at Bremerton Ferry estimated based on the likelihood of take estimates is provided in Table 6. Terminal area, takes were calculated as: encountering. For long-beaked common Take = ensonified area × average animal dolphin, take of 50 animals is estimated TABLE 6—MARINE MAMMAL DENSITY abundance in the area × pile driving based on the group size and the AND LOCAL OCCURRENCE IN THE days and rounded up to the nearest likelihood of encountering in the area. WSDOT PROJECT AREA integer. For California sea lion at No Level A harassment take is Bremerton, take estimate is based on the calculated using the aforementioned Species Density average daily sighting of 69 animals (#/km2) estimation method because of the small within the area multiplied by the nine injury zones and relatively low average Gray whale ...... 0.0051 project days, which yield a total of 621 animal density in the area. Since the Humpback whale ...... 0.0007 estimated takes. Minke whale ...... 0.00003 largest Level A harassment distance is For calculated take number less than Killer whale (West coast transient) ...... 0.002 only 35 m from the source for high- Long-beaked common dolphin ...... 0.002 10, such as northern elephant seals, frequency cetaceans (harbor porpoise Harbor porpoise ...... 0.58 transient killer whales, humpback and Dall’s porpoise), NMFS considers Dall’s porpoise ...... 0.048 whales, minke whales, and long-beaked California sea lion ...... * 0.03 that WSDOT can effectively monitor common dolphins, takes numbers were Steller sea lion ...... 0.04 such small zones to implement Harbor seal ...... 1.22 adjusted to account for group encounter Northern elephant seal ...... 0.00001 and the likelihood of encountering. shutdown measures and avoid Level A harassment takes. Therefore, no Level A * This density is only used for Edmonds Ferry Ter- Specifically, for northern elephant seal, minal area. For animals at Bremerton Ferry Terminal, take of 15 animals is estimated based on harassment take of marine mammal is a daily sighting of 69 animals is used for take anticipated for the dolphin replacement estimates. the likelihood of encountering this species during the project period. For project at the Bremerton and Edmonds Take Calculation and Estimation transient killer whale, takes of 30 ferry terminals. Here we describe how the information animals is estimated based on the group A summary of estimated takes based provided above is brought together to size and the likelihood of encountering on the above analysis is listed in Table produce a quantitative take estimate. in the area. For humpback and minke 7.

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TABLE 7—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED NOISE LEVELS THAT CAUSE LEVEL B HARASSMENT

Estimated Level B Species harassment Abundance Percentage take

Gray whale ...... 10 20,990 0 Humpback whale ...... 8 1,918 0 Minke whale ...... 8 636 2 Killer whale (West coast transient) ...... 30 243 12 Killer whale (Southern resident) ...... 0 83 0 Long-beaked common dolphin ...... 50 101,305 0 Harbor porpoise ...... 1,087 11,233 10 Dall’s porpoise ...... 90 25,750 0 California sea lion ...... 1,149 296,750 0 Steller sea lion ...... 75 41,638 0 Harbor seal ...... 2,286 11,036 21 Northern elephant seal ...... 15 179,000 0

Mitigation (1) The manner in which, and the 2. Establishing and Monitoring Level A, degree to which, the successful Level B Harassment Zones, and In order to issue an IHA under section implementation of the measure(s) is Shutdown Zones 101(a)(5)(D) of the MMPA, NMFS must expected to reduce impacts to marine set forth the permissible methods of mammals, marine mammal species or Before the commencement of in-water taking pursuant to such activity, and stocks, and their habitat. This considers construction activities, which include other means of effecting the least the nature of the potential adverse vibratory pile driving and pile removal, practicable impact on such species or impact being mitigated (likelihood, WSDOT must establish Level A stock and its habitat, paying particular scope, range). It further considers the harassment zones where received attention to rookeries, mating grounds, likelihood that the measure will be underwater SELcum could cause PTS (see and areas of similar significance, and on effective if implemented (probability of above). the availability of such species or stock accomplishing the mitigating result if WSDOT must also establish Level B for taking for certain subsistence uses implemented as planned) the likelihood harassment zones where received (latter not applicable for this action). of effective implementation (probability NMFS regulations require applicants for implemented as planned); and underwater SPLs are higher than 120 incidental take authorizations to include (2) The practicability of the measures dBrms re 1 mPa for non-impulsive noise information about the availability and for applicant implementation, which sources (vibratory pile driving and pile feasibility (economic and technological) may consider such things as cost, removal). of equipment, methods, and manner of impact on operations, and, in the case WSDOT must establish shutdown conducting such activity or other means of a military readiness activity, zones within which marine mammals of effecting the least practicable adverse personnel safety, practicality of could be taken by Level A harassment. impact upon the affected species or implementation, and impact on the For Level A harassment zones that is stocks and their habitat (50 CFR effectiveness of the military readiness less than 10 m from the source, a 216.104(a)(11)). activity. minimum of 10 m distance should be In evaluating how mitigation may or Mitigation for Marine Mammals and established as a shutdown zone. may not be appropriate to ensure the Their Habitat A summary of shutdown zones is least practicable adverse impact on provided in Table 8. species or stocks and their habitat, as 1. Time Restriction well as subsistence uses where In-water work must occur only during applicable, we carefully consider two daylight hours, when visual monitoring primary factors: of marine mammals can be conducted.

TABLE 8—SHUTDOWN DISTANCES FOR VARIOUS PILE DRIVING ACTIVITIES AND MARINE MAMMAL HEARING GROUPS

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

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

NMFS-approved protected species zones to ensure that no marine a pile segment begins. If marine observers (PSO) shall conduct an initial mammals are seen within the zones mammals are found within the 30-minute survey of the shutdown before pile driving and pile removal of shutdown zone, pile driving of the

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segment must be delayed until they rookeries, mating grounds, and areas of Edmonds ferry terminals. The purposes move out of the area. If a marine similar significance. of marine mammal monitoring are to mammal is seen above water and then implement mitigation measures and Monitoring and Reporting dives below, the contractor must wait 15 learn more about impacts to marine minutes. If no marine mammals are seen In order to issue an IHA for an mammals from WSDOT’s construction by the observer in that time it can be activity, section 101(a)(5)(D) of the activities. The PSOs must observe and assumed that the animal has moved MMPA states that NMFS must set forth, collect data on marine mammals in and beyond the shutdown zone. requirements pertaining to the around the project area for 30 minutes If pile driving of a segment ceases for monitoring and reporting of such taking. before, during, and for 30 minutes after 30 minutes or more and a marine The MMPA implementing regulations at all pile removal and pile installation mammal is sighted within the 50 CFR 216.104 (a)(13) indicate that work. NMFS-approved PSOs must meet designated shutdown zone prior to requests for authorizations must include the following requirements: commencement of pile driving, the the suggested means of accomplishing 1. Independent observers (i.e., not observer(s) must notify the pile driving the necessary monitoring and reporting construction personnel) are required; operator (or other authorized that will result in increased knowledge 2. At least one observer must have individual) immediately and continue of the species and of the level of taking prior experience working as an observer; to monitor the shutdown zone. or impacts on populations of marine 3. Other observers may substitute Operations may not resume until the mammals that are expected to be education (undergraduate degree in marine mammal has exited the present in the proposed action area. biological science or related field) or shutdown zone or 30 minutes have Effective reporting is critical both to training for experience; elapsed since the last sighting. compliance as well as ensuring that the 4. Where a team of three or more To verify the required monitoring most value is obtained from the required observers are required, one observer distance, the shutdown zones and ZOIs monitoring. must be designated as lead observer or will be determined by using a range Monitoring and reporting monitoring coordinator. The lead finder or hand-held global positioning requirements prescribed by NMFS observer must have prior experience system device. should contribute to improved working as an observer; and understanding of one or more of the 5. NMFS will require submission and 3. Shutdown Measures following: approval of observer CVs. WSDOT must implement shutdown • Occurrence of marine mammal Monitoring of marine mammals measures if a marine mammal is species or stocks in the area in which around the construction site shall be detected within or to be approaching the take is anticipated (e.g., presence, conducted using high-quality binoculars shutdown zones provided in Table 8 of abundance, distribution, density). (e.g., Zeiss, 10 x 42 power). Due to the this notice. • Nature, scope, or context of likely different sizes of zones of influence WSDOT must implement shutdown marine mammal exposure to potential (ZOI) from different pile types, two measures if Southern Resident killer stressors/impacts (individual or different ZOIs and different monitoring whales (SRKWs) are sighted within the cumulative, acute or chronic), through protocols corresponding to a specific vicinity of the project area and are better understanding of: (1) Action or pile type must be established. approaching the Level B harassment environment (e.g., source • For all vibratory driving/removal at zone (zone of influence, or ZOI) during characterization, propagation, ambient the Bremerton Ferry Terminal, two in-water construction activities. noise); (2) affected species (e.g., life land-based PSOs and one monitoring If a killer whale approaches the ZOI history, dive patterns); (3) co-occurrence boat with one PSO and boat operator during pile driving or removal, and it is of marine mammal species with the must monitor the Level A and Level B unknown whether it is a SRKW or a action; or (4) biological or behavioral harassment zones. transient killer whale, it must be context of exposure (e.g., age, calving or • For all vibratory driving/removal at assumed to be a SRKW and WSDOT feeding areas). the Edmonds Ferry Terminal, five land- shall implement the shutdown measure • Individual marine mammal based PSOs and two ferry-based PSOs described above. responses (behavioral or physiological) must monitor the Level A and Level B If a SRKW enters the ZOI undetected, to acoustic stressors (acute, chronic, or harassment zones. in-water pile driving or pile removal cumulative), other stressors, or • If the in-situ measurement showed must be suspended until the SRKW cumulative impacts from multiple that the Level B harassment zone at the exits the ZOI to avoid further level B stressors. Edmonds Ferry Terminal is under 15 harassment. • How anticipated responses to km from the source, three land-based WSDOT must implement shutdown stressors impact either: (1) Long-term PSOs and one ferry-based PSO must be measures if the number of any allotted fitness and survival of individual monitoring the Level A and Level B marine mammal takes reaches the limit marine mammals; or (2) populations, harassment zones. under the IHA or if a marine mammal species, or stocks. Locations of the land-based PSOs and observed is not authorized for take • Effects on marine mammal habitat routes of monitoring vessels are shown under this IHA, if such marine (e.g., marine mammal prey species, in WSDOT’s Marine Mammal mammals are sighted within the vicinity acoustic habitat, or other important Monitoring Plan, which is available of the project area and are approaching physical components of marine online at https://www.fisheries.noaa. the Level B harassment zone during pile mammal habitat). gov/national/marine-mammal- removal activities. • Mitigation and monitoring protection/incidental-take- Based on our evaluation of the effectiveness. authorizations-construction-activities. required measures, NMFS has 6. PSOs must collect the following determined that the prescribed Monitoring Measures information during marine mammal mitigation measures provide the means WSDOT must employ NMFS- monitoring: effecting the least practicable impact on approved PSOs to conduct marine • Date and time that monitored the affected species or stocks and their mammal monitoring for its dolphin activity begins and ends for each day habitat, paying particular attention to relocation project at Bremerton and conducted (monitoring period);

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• Construction activities occurring Stranding Network with the species or species for this activity, or else species- during each daily observation period, description of the animal(s), the specific factors would be identified and including how many and what type of condition of the animal(s) (including analyzed. piles driven; carcass condition, if the animal is dead), For all marine mammal species, takes • Deviation from initial proposal in location, time of first discovery, that are anticipated and authorized are pile numbers, pile types, average observed behaviors (if alive), and photo expected to be limited to short-term driving times; or video (if available). Level B harassment, because of the • Weather parameters in each In the event that WSDOT finds an small scale (only a total of 30 piles to monitoring period (e.g., wind speed, injured or dead marine mammal that is be installed and removed) and short percent cloud cover, visibility); not in the construction area, WSDOT durations (maximum nine days pile • Water conditions in each must report the same information as driving/removal at Bremerton Ferry monitoring period (e.g., sea state, tide listed above to NMFS as soon as Terminal and five days pile driving/ state); operationally feasible. removal at Edmonds Ferry Terminal). • For each marine mammal sighting, Negligible Impact Analysis and Marine mammals present in the the following information shall be Determination vicinity of the action area and taken by collected: Level B harassment would most likely Æ NMFS has defined negligible impact Species, numbers, and, if possible, show overt brief disturbance (startle as an impact resulting from the sex and age class of marine mammals; reaction) and avoidance of the area from Æ specified activity that cannot be Description of any observable elevated noise levels during pile driving reasonably expected to, and is not marine mammal behavior patterns, and pile removal. For these reasons, reasonably likely to, adversely affect the including bearing and direction of travel these behavioral impacts are not species or stock through effects on and distance from pile driving activity; expected to affect marine mammals’ Æ Location and distance from pile annual rates of recruitment or survival growth, survival, and reproduction, driving activities to marine mammals (50 CFR 216.103). A negligible impact especially considering the limited and distance from the marine mammals finding is based on the lack of likely geographic area that would be affected to the observation point; and adverse effects on annual rates of in comparison to the much larger Æ Estimated amount of time that the recruitment or survival (i.e., population- habitat for marine mammals in the animals remained in the Level B level effects). An estimate of the number Pacific Northwest. harassment zone; of takes alone is not enough information Æ Description of implementation of on which to base an impact Take calculation based on marine mitigation measures within each determination. In addition to mammal densities within the ensonified monitoring period (e.g., shutdown or considering estimates of the number of areas did not predict a Level A delay); and marine mammals that might be ‘‘taken’’ harassment take. In addition, the Æ Other human activity in the area through harassment, NMFS considers estimated Level A harassment zones are within each monitoring period. other factors, such as the likely nature small (less than 35 m from the source) WSDOT may conduct noise field of any responses (e.g., intensity, and can be effectively monitored to measurement at the Edmonds Ferry duration), the context of any responses implement a shutdown measure if a Terminal to determine the actual Level (e.g., critical reproductive time or marine mammal is detected to be B harassment distance from the source location, migration), as well as effects moving towards that zone. The impacts during vibratory pile driving of 36’’ on habitat, and the likely effectiveness are not expected to affect survival, and piles. of the mitigation. We also assess the reproduction of the marine mammal number, intensity, and context of population in the project vicinity. Reporting Measures estimated takes by evaluating this The project also is not expected to WSDOT is required to submit a draft information relative to population have significant adverse effects on monitoring report within 90 days after status. Consistent with the 1989 affected marine mammals’ habitat, as completion of the construction work or preamble for NMFS’ implementing analyzed in detail in the ‘‘Anticipated the expiration of the IHA, whichever regulations (54 FR 40338; September 29, Effects on Marine Mammal Habitat’’ comes earlier. In the case if WSDOT 1989), the impacts from other past and section. There is no ESA designated intends to renew the IHA in a ongoing anthropogenic activities are critical area in the vicinity of the subsequent year, a monitoring report incorporated into this analysis via their Bremerton and Edmonds ferry terminal should be submitted 60 days before the impacts on the environmental baseline areas. The project activities would not expiration of the current IHA (if issued). (e.g., as reflected in the regulatory status permanently modify existing marine This report would detail the monitoring of the species, population size and mammal habitat. The activities may kill protocol, summarize the data recorded growth rate where known, ongoing some fish and cause other fish to leave during monitoring, and estimate the sources of human-caused mortality, or the area temporarily, thus impacting number of marine mammals that may ambient noise levels). marine mammals’ foraging have been harassed. NMFS would have To avoid repetition, this introductory opportunities in a limited portion of the an opportunity to provide comments on discussion of our analyses applies to all foraging range; but, because of the short the report, and if NMFS has comments, the species listed in Table 7, given that duration of the activities and the WSDOT would address the comments the anticipated effects of WSDOT’s relatively small area of the habitat that and submit a final report to NMFS Bremerton and Edmonds ferry terminals may be affected, the impacts to marine within 30 days. dolphin relocation project involving mammal habitat are not expected to In addition, NMFS would require pile driving and pile removal on marine cause significant or long-term negative WSDOT to notify NMFS’ Office of mammals are expected to be relatively consequences. Therefore, given the Protected Resources and NMFS’ West similar in nature. There is no consideration of potential impacts to Coast Stranding Coordinator within 48 information about the nature or severity marine mammal prey species and their hours of sighting an injured or dead of the impacts, or the size, status, or physical environment, WSDOT’s marine mammal in the construction site. structure of any species or stock that proposed construction activity at WSDOT shall provide NMFS and the would lead to a different analysis by Bremerton and Edmonds ferry terminals

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would not adversely affect marine (NEPA; 42 U.S.C. 4321 et seq.) and Authorization mammal habitat. NOAA Administrative Order (NAO) As a result of these determinations, In summary and as described above, 216–6A, NMFS must review our NMFS has issued an IHA to the the following factors primarily support proposed action (i.e., the issuance of an Washington State Department of our determination that the impacts incidental harassment authorization) Transportation for the Bremerton and resulting from this activity are not with respect to potential impacts on the Edmonds ferry terminals dolphin expected to adversely affect the species human environment. relocation project in Washington State, NMFS has determined the issuance of or stock through effects on annual rates provided the previously described the IHA is consistent with categories of of recruitment or survival: mitigation, monitoring, and reporting • No injury, serious injury, or activities identified in Categorical requirements are incorporated. mortality is anticipated or authorized; Exclusion B4 (issuance of incidental • All harassment is Level B harassment authorizations under section Dated: September 5, 2018. harassment in the form of short-term 101(a)(5)(A) and (D) of the MMPA for Donna S. Wieting, behavioral modification; and which no serious injury or mortality is Director, Office of Protected Resources, • No areas of specific importance to anticipated) of NOAA’s Companion National Marine Fisheries Service. affected species are impacted. Manual for NAO 216–6A, and we have [FR Doc. 2018–19592 Filed 9–10–18; 8:45 am] Based on the analysis contained not identified any extraordinary BILLING CODE 3510–22–P herein of the likely effects of the circumstances listed in Chapter 4 of the specified activity on marine mammals Companion Manual for NAO 216–6A and their habitat, and taking into that would preclude this categorical COMMODITY FUTURES TRADING consideration the implementation of the exclusion under NEPA. COMMISSION prescribed monitoring and mitigation Endangered Species Act (ESA) measures, NMFS finds that the total take Sunshine Act Meetings from the proposed activity will have a Section 7(a)(2) of the Endangered negligible impact on all affected marine Species Act of 1973 (ESA: 16 U.S.C. TIME AND DATE: 10:00 a.m., Friday, mammal species or stocks. 1531 et seq.) requires that each Federal September 14, 2018. agency insure that any action it PLACE: Three Lafayette Centre, 1155 21st Small Numbers authorizes, funds, or carries out is not Street NW, Washington, DC, 9th Floor As noted above, only small numbers likely to jeopardize the continued Commission Conference Room. existence of any endangered or of incidental take may be authorized STATUS: Closed. under section 101(a)(5)(D) of the MMPA threatened species or result in the MATTERS TO BE CONSIDERED: for specified activities other than destruction or adverse modification of Enforcement matters. In the event that military readiness activities. The MMPA designated critical habitat. To ensure the time, date, or location of this does not define small numbers and so, ESA compliance for the issuance of meeting changes, an announcement of in practice, NMFS compares the number IHAs, NMFS consults internally, in this the change, along with the new time, of individuals taken to the most case with NMFS West Coast Region date, and/or place of the meeting will be appropriate estimation of abundance of Protected Resources Division, whenever posted on the Commission’s website at the relevant species or stock in our we propose to authorize take for http://www.cftc.gov. determination of whether an endangered or threatened species. authorization is limited to small The humpback whale and the killer CONTACT PERSON FOR MORE INFORMATION: numbers of marine mammals. whale (southern resident distinct Christopher Kirkpatrick, 202–418–5964. The estimated takes are below 21 population segment (DPS)) are the only marine mammal species listed under the Natise L. Allen, percent of the population for all marine Secretariat Program Assistant. mammals. ESA that could occur in the vicinity of Based on the analysis contained WSDOT’s proposed construction [FR Doc. 2018–19832 Filed 9–7–18; 4:15 pm] herein of the proposed activity project. Two DPSs of the humpback BILLING CODE 6351–01–P (including the prescribed mitigation and whale stock, the Mexico DPS and the monitoring measures) and the Central America DPS, are listed as threatened and endangered under the COMMODITY FUTURES TRADING anticipated take of marine mammals, COMMISSION NMFS finds that small numbers of ESA, respectively. NMFS Office of marine mammals will be taken relative Protected Resources has initiated Renewal of the Agricultural Advisory to the population size of the affected consultation with NMFS West Coast Committee species or stocks. Regional Office under section 7 of the ESA on the issuance of an IHA to AGENCY: Commodity Futures Trading Unmitigable Adverse Impact Analysis WSDOT under section 101(a)(5)(D) of Commission. and Determination the MMPA for this activity. NMFS is ACTION: Notice of Agricultural Advisory There are no relevant subsistence uses authorizing take of California/Oregon/ Committee renewal. of the affected marine mammal stocks or Washington stock of humpback whale, species implicated by this action. which are listed under the ESA. SUMMARY: The Commodity Futures Therefore, NMFS has determined that In March 2018, NMFS finished Trading Commission (Commission) is the total taking of affected species or conducting its section 7 consultation publishing this notice to announce the stocks would not have an unmitigable and issued a Biological Opinion renewal of the Agricultural Advisory adverse impact on the availability of concluding that the issuance of the IHA Committee (AAC). The Commission has such species or stocks for taking for associated with WSDOT’s Bremerton- determined that the renewal of the AAC subsistence purposes. Edmonds ferry terminals construction is necessary and in the public’s interest, project is not likely to jeopardize the and the Commission has consulted with National Environmental Policy Act continued existence of the endangered the General Services Administration’s To comply with the National humpback and the Southern Resident Committee Management Secretariat Environmental Policy Act of 1969 killer whales. regarding the AAC’s renewal.

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FOR FURTHER INFORMATION CONTACT: of automated collection techniques or DEPARTMENT OF EDUCATION Charlie Thornton, AAC Designated other forms of information technology. [Docket ID ED–2018–FSA–0063] Federal Officer, at 202–418–5145 or DATES: Consideration will be given to all [email protected]. comments received by November 13, Privacy Act of 1974; Matching Program SUPPLEMENTARY INFORMATION: The 2018. AGENCY: Department of Education. AAC’s objectives and scope of activities ADDRESSES: You may submit comments, are to assist the Commission in identified by docket number and title, ACTION: Notice of a new matching assessing issues affecting agricultural by any of the following methods: program. producers, processors, lenders and Federal eRulemaking Portal: http:// others interested in or affected by the SUMMARY: Pursuant to the Privacy Act of www.regulations.gov. Follow the 1974, as amended by the Computer agricultural commodity derivatives instructions for submitting comments. markets through public meetings, and Matching and Privacy Protection Act of Mail: Department of Defense, Office of 1988 and the Computer Matching and Committee reports and the Chief Management Officer, recommendations. The AAC will Privacy Protections Amendments of Directorate for Oversight and 1990 (Privacy Act), and Office of operate for two years from the date of Compliance, 4800 Mark Center Drive, renewal unless the Commission directs Management and Budget (OMB) Mailbox #24, Suite 08D09, Alexandria, guidance on the conduct of matching that the AAC terminate on an earlier VA 22350–1700. date. A copy of the AAC renewal charter programs, notice is hereby given of the Instructions: All submissions received re-establishment of the matching has been filed with the Commission; the must include the agency name, docket Senate Committee on Agriculture, program between the Department of number and title for this Federal Education (ED or Department) (recipient Nutrition and Forestry; the House Register document. The general policy Committee on Agriculture; the Library agency) and the Social Security for comments and other submissions Administration (SSA) (source agency). of Congress; and the General Services from members of the public is to make Administration’s Committee these submissions available for public DATES: The period of this matching Management Secretariat. A copy of the viewing on the internet at http:// program is estimated to cover the 18- renewal charter will be posted on the www.regulations.gov as they are month period from October 10, 2018 Commission’s website at http:// received without change, including any through April 9, 2020. However, the www.cftc.gov. personal identifiers or contact computer matching agreement (CMA) Dated: September 6, 2018. information. will become applicable at the later of the following two dates: October 10, Robert Sidman, FOR FURTHER INFORMATION CONTACT: To 2018 or 30 days after the publication of Deputy Secretary of the Commission. request more information on this this notice, on September 11, 2018, [FR Doc. 2018–19673 Filed 9–10–18; 8:45 am] proposed information collection or to unless comments have been received BILLING CODE 6351–01–P obtain a copy of the proposal and from interested members of the public associated collection instruments, requiring modification and please write to Non-Medical Counseling republication of the notice. The DEPARTMENT OF DEFENSE Program Office, 4800 Mark Center Drive, matching program will continue for 18 Room 14E08, Alexandria, VA 22350– months after the applicable date and Office of the Secretary 2300, ATTN: Lee Kelley, or call (571) may be extended for an additional 12 [Docket ID: DOD–2018–OS–0064] 372–4530. months, if the respective agency Data SUPPLEMENTARY INFORMATION: Integrity Boards (DIBs) determine that Proposed Collection; Comment Title; Associated Form; and OMB the conditions specified in 5 U.S.C. Request Number: Military One-Source Case 552a(o)(2)(D) have been met. Management System (CMS) Intake; AGENCY: ADDRESSES: Submit your comments Office of the Under Secretary of OMB Control Number 0704–0528. Defense for Personnel and Readiness, through the Federal eRulemaking Portal Needs and Uses: This information or via postal mail, commercial delivery, DoD. collection is necessary to support the ACTION: Information collection notice. or hand delivery. We will not accept Military One-Source Case Management comments submitted by fax or by email SUMMARY: In compliance with the System, which was established for the or those submitted after the comment Paperwork Reduction Act of 1995, the purpose of providing comprehensive period. To ensure that we do not receive Office of the Under Secretary of Defense information to members of the Armed duplicate copies, please submit your for Personnel and Readiness announces Forces and their families about the comments only once. In addition, please a proposed public information benefits and services available to them. include the Docket ID at the top of your collection and seeks public comment on Affected Public: Individuals or comments. the provisions thereof. Comments are Households. • Federal eRulemaking Portal: Go to invited on: Whether the proposed Annual Burden Hours: 56,396. www.regulations.gov to submit your Number of Respondents: 225,584. collection of information is necessary comments electronically. Information Responses per Respondent: 1. for the proper performance of the on using Regulations.gov, including Annual Responses: 225,584. functions of the agency, including Average Burden per Response: 15 instructions for accessing agency whether the information shall have minutes. documents, submitting comments, and practical utility; the accuracy of the Frequency: As required. viewing the docket, is available on the agency’s estimate of the burden of the site under the ‘‘help’’ tab. proposed information collection; ways Dated: September 6, 2018. • Postal Mail, Commercial Delivery, to enhance the quality, utility, and Shelly E. Finke, or Hand Delivery: If you mail or deliver clarity of the information to be Alternate OSD Federal Register Liaison your comments about this new collected; and ways to minimize the Officer, Department of Defense. matching program, address them to: burden of the information collection on [FR Doc. 2018–19739 Filed 9–10–18; 8:45 am] Marya Dennis, Management and respondents, including through the use BILLING CODE 5001–06–P Program Analyst, U.S. Department of

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Education, Federal Student Aid, Union and the regulations promulgated No match on SSN, 3 = SSN match, name Center Plaza, 830 First Street NE, pursuant to that section (20 CFR part match, no match on DOB, 5 = SSN Washington, DC 20202–5454. 401). match, no match on name, DOB not Telephone: (202) 377–3385. checked, 6 = SSN not verified, Blank = Purpose(s) Privacy Note: The Department’s SSN match, name match, DOB match. policy is to make all comments received The purpose of this matching program SSA will also send a date of death if one from members of the public available for between ED and SSA is to assist the is present on SSA’s database for the public viewing in their entirety on the Secretary of Education with verification record. Records returned from SSA also Federal eRulemaking Portal at of immigration status and SSNs under will include a citizenship status code as www.regulations.gov. Therefore, 20 U.S.C. 1091(g) and (p). SSA will follows: A = U.S. citizen, B = legal alien, commenters should be careful to verify the issuance of an SSN and a date eligible to work, C = legal alien, not include in their comments only of death (if applicable) to students and eligible to work, D = other, E = alien, information that they wish to make the parent(s) of dependent students, and student restricted, F = conditionally publicly available. will confirm the citizenship status of legalized alien, * = foreign born, Blank Assistance to Individuals with those students applying for financial = domestic born (U.S. citizen), N = Disabilities in Reviewing the assistance programs authorized under unable to verify citizenship due to no Rulemaking Record: On request we will title IV of the HEA. Verification of this match on name, DOB, or SSN. provide an appropriate accommodation information by SSA will help ED satisfy System(s) of Records or auxiliary aid to an individual with a its obligation to ensure that individuals disability who needs assistance to applying for financial assistance meet There are two ED systems of records review the comments or other eligibility requirements of the HEA. involved in this matching program. The Verification by this matching program documents in the public rulemaking first is entitled ‘‘Federal Student Aid effectuates the purpose of the HEA record for this notice. If you want to Application File’’ (18–11–01) last because it provides an efficient and schedule an appointment for this type of published on August 3, 2011 (76 FR comprehensive method of verifying the accommodation or auxiliary aid, please 46774), and the second is entitled accuracy of each individual’s SSN, date contact the person listed under FOR ‘‘Person Authentication Service (PAS)’’ of death if applicable and claim to a FURTHER INFORMATION CONTACT. (18–11–12) published on March 20, citizenship status that permits that FOR FURTHER INFORMATION CONTACT: 2015 (80 FR 14981). individual to qualify for title IV, HEA Marya Dennis, Management and assistance. SSA’s system of records involved in Program Analyst, U.S. Department of this matching program is entitled, Education, Federal Student Aid, Union Categories of Individuals ‘‘Master Files of Social Security Number Center Plaza, 830 First Street NE, ED’s systems of records involved in (SSN) Holders and SSN Applications’’ Washington, DC 20202–5454. the matching program maintain (Enumeration System) 60–0058, last Telephone: (202) 377–3385. information on individuals who apply published in full on December 29, 2010 SUPPLEMENTARY INFORMATION: In for Federal student financial assistance (75 FR 82121), modified on July 5, 2013 accordance with the Privacy Act; OMB through the Free Application for Federal (78 FR 40542), February 13, 2014 (79 FR Final Guidance Interpreting the Student Aid (FAFSA) and on 8780), and July 3, 2018 (83 FR 31250) Provisions of Public Law 100–503, the individuals who apply to receive Person and (83 FR 31251). Computer Matching and Privacy Authentication Service (PAS) Accessible Format: Individuals with Protection Act of 1988, published in the Credentials, a user ID and password to disabilities can obtain this document in Federal Register on June 19, 1989 (54 electronically access their FAFSA an accessible format (e.g., Braille, large FR 25818); and OMB Circular No. A– record. print, audiotape, or compact disc) by 108, notice is hereby provided of the re- SSA’s system of records involved in contacting the contact person listed in establishment of the matching program the matching program maintains records the preceding paragraph. between SSA and ED to assist ED in the about each individual who has applied verification of Social Security numbers for, and obtained an, SSN. Electronic Access to This Document: (SSNs) and confirmation of citizenship The official version of this document is status as recorded in SSA records in Categories of Records the document published in the Federal order to verify the eligibility of ED’s systems of records involved in Register. You may access the official applicants for student financial the matching program contain (1) the edition of the Federal Register and the assistance under title IV of the Higher information to determine an applicant’s Code of Federal Regulations via the Education Act of 1965, as amended eligibility for Federal student financial Federal Digital System at: www.gpo.gov/ (HEA). assistance, and (2) the applicant’s fdsys. At this site you can view this information to receive PAS Credentials, document, as well as all other Participating Agencies a user ID and password. The specific documents of this Department ED and SSA. data elements that ED will transmit to published in the Federal Register, in SSA are: Students’ and parent(s) of text or Portable Document Format Authority for Conducting the Matching dependent students’ SSN, first name, (PDF). To use PDF you must have Program last name, and date of birth (DOB). Adobe Acrobat Reader, which is ED is authorized to participate in the SSA’s system of records involved in available free at this site. You may also matching program under sections the matching program maintains access documents of the Department 428B(f) (20 U.S.C. 1078–2(f)), 483(a)(12) information required to apply for, and published in the Federal Register by (20 U.S.C. 1090(a)(12)), 484(g) (20 U.S.C. obtain, an SSN. The specific data using the article search feature at: 1091(g)), and 484(p) (20 U.S.C. 1091(p)) elements that SSA will send back to ED www.federalregister.gov. Specifically, of the HEA. include: SSN, first name, last name, through the advanced search feature at SSA is authorized to participate in the DOB, and an SSA verification code on this site, you can limit your search to matching program under section 1106 of each record to indicate the match documents published by the the Social Security Act (42 U.S.C. 1306)) results. The verification codes are: 1 = Department.

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Dated: September 6, 2018. include the Docket ID and at the top of eligible for programs under title IV of James F. Manning, your comments. the HEA. An eligible postsecondary Acting Chief Operating Officer, Federal • Federal eRulemaking Portal: Go to institution must be approved by the Student Aid. www.regulations.gov to submit your Department for participation in [FR Doc. 2018–19738 Filed 9–10–18; 8:45 am] comments electronically. Information programs under title IV of the HEA. BILLING CODE 4000–01–P on using Regulations.gov, including Postsecondary educational instructions for accessing agency institutions submit an application documents, submitting comments, and through the internet for participation in DEPARTMENT OF EDUCATION viewing the docket, is available on the programs authorized under title IV of site under the ‘‘help’’ tab. [Docket ID ED–2018–FSA–0031] the HEA. PEPS is the back-end • Postal Mail, Commercial Delivery, repository where the data provided by Privacy Act of 1974; System of or Hand Delivery: If you mail or deliver those institutions resides and can be Records your comments about either system of accessed by Department staff to confirm records, address them to: Director, compliance with title IV of the HEA. AGENCY: Federal Student Aid, Postsecondary Education Participants Any authorized user can perform an ad Department of Education. System, Office of Student Financial hoc data extract from PEPS, and the ACTION: Notice of a New System of Assistance Programs, U.S. Department PEPS staff provides tailored extracts to Records and Rescindment of a System of of Education, 830 First Street NE, Room users on request. A limited number of Records. 112G1, Washington, DC 20202. scheduled extracts and uploads are run Privacy Note: The Department’s on a routine basis. These are fixed files, SUMMARY: In accordance with the policy is to make all comments received and no changes are made on either side Privacy Act of 1974, as amended from members of the public available for without written approval/notice on both (Privacy Act), the Department of public viewing in their entirety on the sides. Education (Department) publishes this Federal eRulemaking Portal at The PEPS system of records notice new notice of a system of records www.regulations.gov. Therefore, was last published in full in the Federal entitled ‘‘Postsecondary Education commenters should be careful to Register on June 4, 1999 (64 FR 30106, Participants System (PEPS)’’ (18–11–09) include in their comments only 30171–30173), and amended on and a rescinded system of records information that they wish to make December 27, 1999 (64 FR 72384, entitled ‘‘Integrated Partner publicly available. 72405). This system of records notice Management (IPM) system’’ (18–11–21). Assistance to Individuals with was rescinded on August 8, 2017 (82 FR The Department is rescinding the IPM Disabilities in Reviewing the 37089), with plans for the PEPS system because the Department did not Rulemaking Record: On request, we will functions and records to be integrated implement it and will continue using provide an appropriate accommodation into a new system of records entitled the PEPS system of records. or auxiliary aid to an individual with a ‘‘Integrated Partner Management (IPM) DATES: Submit your comments on the disability who needs assistance to system.’’ The Department subsequently proposed new PEPS system of records review the comments or other determined not to bring the IPM system notice and rescinded IPM system of documents in the public rulemaking of records into service, and, as a result, records notice on or before October 11, record for this notice. If you want to PEPS was kept in service. The new 2018. schedule an appointment for this type of PEPS system of records notice is being The re-issuance of the PEPS and the accommodation or aid, please contact republished in full in accordance with rescission of the IPM systems of records the person listed under FOR FURTHER the Privacy Act with modifications notices will become applicable upon INFORMATION CONTACT. being made to system of records notices publication in the Federal Register on FOR FURTHER INFORMATION CONTACT: from the last publications in 1999. The September 11, 2018, unless changes are Director, Postsecondary Education IPM system of records notice is being made to the systems of records notices Participants System, Office of Student rescinded. as a result of public comment. The Financial Assistance Programs, U.S. The Department is modifying the routine uses listed under ‘‘ROUTINE Department of Education, 830 First section of the PEPS notice entitled USES OF RECORDS MAINTAINED IN Street NE, Room 112G1, Washington, ‘‘SECURITY CLASSIFICATION’’ to add THE SYSTEM, INCLUDING DC 20202. that the system is unclassified and the CATEGORIES OF USERS AND If you use a telecommunications section of the PEPS notice entitled PURPOSES OF SUCH USES’’ for the device for the deaf (TDD) or a text ‘‘SYSTEM LOCATION’’ to reflect the new system of records will become telephone (TTY), you may call the current addresses where the system is applicable on October 11, 2018, unless Federal Relay Service, toll free, at 1– located. The Department is modifying the new system of records notice needs 800–877–8339. the section entitled ‘‘SYSTEM to be revised as a result of public SUPPLEMENTARY INFORMATION: The PEPS MANAGER(S)’’ to reflect the current comment. The Department will publish enables the Department of Education location of the Office of Student any changes to the systems of records effectively to administer the approval, Financial Assistance Programs in notices or routine uses that result from periodic review, and oversight of Federal Student Aid. public comment. postsecondary educational institutions The Department is modifying the ADDRESSES: Submit your comments that participate in the student aid section of the notice entitled ‘‘RECORD through the Federal eRulemaking Portal programs under title IV of the Higher SOURCE CATEGORIES’’ to include that or via postal mail, commercial delivery, Education Act of 1965, as amended the system may obtain records from or hand delivery. We will not accept (HEA). A postsecondary educational other persons or entities from which comments submitted by fax or by email institution must be accredited by an data is obtained under the section or those submitted after the comment accrediting agency recognized by the entitled ‘‘ROUTINE USES OF RECORDS period. To ensure that we do not receive Department for that purpose, and the MAINTAINED IN THE SYSTEM, duplicate copies, please submit your institution must also be authorized by INCLUDING CATEGORIES OF USERS comments only once. In addition, please the State in which it is located to be AND PURPOSES OF SUCH USES.’’

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The Department is modifying routine Data’’ and routine use (14) entitled publishes a notice of a new and a use (3) entitled ‘‘Litigation and ‘‘Disclosure in Assisting another Agency rescinded system of records to read as Alternative Dispute Resolution (ADR) in Responding to a Breach of Data.’’ follows: Disclosure’’ to indicate that the The Department is updating the Department may make disclosures section entitled ‘‘POLICIES AND RESCINDED SYSTEM NAME AND NUMBER under this routine use when the PRACTICES FOR RETENTION AND Department requests representation DISPOSAL OF RECORDS’’ to reflect the Integrated Partner Management (IPM) from the Department of Justice for an current Department records retention system (18–11–21). employee of the Department who is and disposition schedule covering HISTORY: being sued in his or her individual records in this system. The Department capacity as well as to change ‘‘an is also updating the section entitled The Integrated Partner Management individual’’ to ‘‘a person’’ who has been ‘‘ADMINISTRATIVE, TECHNICAL, system of records notice was published designated by the Department or AND PHYSICAL SAFEGUARDS’’ to in the Federal Register on August 8, otherwise empowered to resolve or include two-factor authentication, 2017 (82 FR 37089–37094). mediate disputes in order to avoid firewalls, encryption, and password NEW SYSTEM NAME AND NUMBER: confusion because the word protection as additional safeguards. ‘‘individual’’ is a defined term under the The Department is modifying the Postsecondary Education Participants Privacy Act. sections entitled ‘‘RECORD ACCESS System (PEPS) (18–11–09). The Department is also modifying PROCEDURES,’’ ‘‘CONTESTING SECURITY CLASSIFICATION: routine uses (5) entitled ‘‘Employee RECORDS PROCEDURES,’’ and Unclassified. Grievance, Complaint, or Conduct ‘‘NOTIFICATION PROCEDURES’’ to Disclosure’’ and (6) ‘‘Labor Organization specify the required information that an SYSTEM LOCATION: Disclosure’’ to clarify and promote the individual must provide when making a Plano Technology Center, 2300 West standardization of the language used in request for access to or notification of a Plano Parkway, Plano, Texas, 75075– this routine use with that used in the record or to contest the content of a 8427; Department’s other systems of records record in the system. Federal Student Aid, U.S. Department notices. The Department is also Finally, pursuant to the requirements of Education, 830 First Street NE, Room modifying routine use (7) entitled of OMB Circular No. A–108, the 41I1, Washington, DC 20202. ‘‘Freedom of Information Act (FOIA) or Department is adding a new section See the Appendix at the end of this Privacy Act Advice Disclosure’’ to entitled ‘‘HISTORY.’’ system of records notice for additional permit the Department to obtain counsel Accessible Format: Individuals with system locations. necessary to ensure that individual disabilities can obtain this document in privacy rights are protected under the an accessible format (e.g., braille, large SYSTEM MANAGER(S): Privacy Act. print, audiotape, or compact disc) on Director, Postsecondary Education The Department is also modifying request to the program contact person Participants System, Office of Student routine use (9) entitled ‘‘Contract listed under FOR FURTHER INFORMATION Financial Assistance Programs, U.S. Disclosure’’ and routine use (10) CONTACT. Department of Education (Department), entitled ‘‘Research Disclosure’’ to Electronic Access to This Document: 830 First Street NE, Room 112G1, remove language that respectively The official version of this document is Washington, DC 20202. Telephone: referenced safeguard requirements the document published in the Federal (202) 377–3202. under subsection (m) of the Privacy Act Register. You may access the official and Privacy Act safeguards. The edition of the Federal Register and the AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department is revising the language in Code of Federal Regulations via the Sections 481, 487, 498 of the Higher these routine uses to clarify that Federal Digital System at: www.gpo.gov/ Education Act of 1965, as amended contractors and researchers to whom fdsys. At this site you can view this (HEA), (20 U.S.C. 1088, 1094, 1099c); disclosures are made under these document, as well as all other Section 31001(i)(1) of the Debt routine uses will be required to agree to documents of this Department Collection Improvement Act of 1996, safeguards to protect the security and published in the Federal Register, in Public Law 104–134 (31 U.S.C. 7701). confidentiality of the records in the text or Portable Document Format PURPOSE(S) OF THE SYSTEM: system. The Department is also revising (PDF). To use PDF you must have routine use (9) to clarify that these Adobe Acrobat Reader, which is The information maintained in the safeguards will be entered into ‘‘as part available free at the site. PEPS is used for the purposes of of such a contract,’’ rather than ‘‘before You may also access documents of the determining the initial and continuing entering into such a contract.’’ Department published in the Federal eligibility of and the administrative The Department is further modifying Register by using the article search capability and financial responsibility of routine use (12) ‘‘Disclosure to the feature at: www.federalregister.gov. postsecondary educational institutions Office of Management and Budget or the Specifically, through the advanced that participate in the student financial Congressional Budget Office (CBO) for search feature at this site, you can limit assistance programs authorized under Credit Reform Act (CRA) Support’’ to your search to documents published by title IV of the HEA, tracking school add that the Department may disclose the Department. changes and maintaining a history of records to the CBO as necessary to fulfill information regarding postsecondary Dated: September 6, 2018. CRA requirements and to clarify that educational institutions that have any disclosure must be in accordance James F. Manning, previously applied to participate or with 2 U.S.C. 661b. Acting Chief Operating Officer, Federal participated in these programs, and Pursuant to the requirements in Office Student Aid. documenting any need for any of Management and Budget (OMB) M– For the reasons discussed in the protective or corrective action against a 17–12, the Department is adding the preamble, the Acting Chief Operating postsecondary educational institution or routine use (13) entitled ‘‘Disclosure in Officer, Federal Student Aid of the U.S. individual associated with that the Course of Responding to a Breach of Department of Education (Department) institution.

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CATEGORIES OF INDIVIDUALS COVERED BY THE (1) Program Purposes. The (c) Adjudicative Disclosure. If the SYSTEM: Department may disclose information Department determines that disclosure The PEPS maintains records about contained in the PEPS to appropriate of certain records to an adjudicative individuals who are owners of guaranty agencies, educational and body before which the Department is postsecondary educational institutions financial institutions, accrediting authorized to appear, or to a person or (either individually, as partners, or agencies, and appropriate Federal, State, entity designated by the Department or owners of the corporate entities that or local agencies, in order to verify and otherwise empowered to resolve or own those institutions); officials or assist with the determination of mediate disputes, is relevant and authorized agents for those institutions; eligibility, administrative capability, necessary to the judicial or members of boards of directors or and financial responsibility of administrative litigation or ADR, the trustees of such institutions; employees postsecondary educational institutions Department may disclose those records of foreign entities that evaluate the that have applied to participate in the as a routine use to that adjudicative quality of education; and individuals student financial assistance programs body, person, or entity. from third-party servicers that work authorized under title IV of the HEA. (d) Disclosure to Parties, Counsel, with postsecondary educational (2) Enforcement Disclosure. In the Representatives, and Witnesses. If the institutions, including contact persons. event that information in this system of Department determines that disclosure records indicates, either on its face or in of certain records to a party, counsel, CATEGORIES OF RECORDS IN THE SYSTEM: connection with other information, a representative, or witness is relevant The PEPS maintains information violation or potential violation of any and necessary to the judicial or regarding the eligibility, administrative applicable statute, regulation, or order administrative litigation or ADR, the capability, and financial responsibility of a competent authority, the Department may disclose those records of postsecondary educational Department may disclose the relevant as a routine use to the party, counsel, institutions that participate in the records in the PEPS, as a routine use, to representative, or witness. student financial aid programs the appropriate agency, whether foreign, (4) Employment, Benefit, and authorized under title IV of the HEA, Federal, State, Tribal, or local, charged Contracting Disclosure. including the names, Taxpayer with the responsibility of investigating (a) For decisions by the Department. Identification Numbers (generally Social or prosecuting such violation or charged The Department may disclose records to Security numbers (SSNs)), business with enforcing or implementing the a Federal, State, or local agency addresses, phone numbers of the statute, or executive order or rule, maintaining civil, criminal, or other individuals with substantial ownership regulation, or order issued pursuant relevant enforcement or other pertinent interests in, or control over, those records, or to another public authority institutions, and personal identification thereto. (3) Litigation and Alternative Dispute or professional organization, if numbers assigned by the Department. Resolution (ADR) Disclosure. necessary to obtain information relevant RECORD SOURCE CATEGORIES: (a) Introduction. In the event that one to a Department decision concerning the hiring or retention of an employee or Information is obtained from of the parties listed below in other personnel action, the issuance of applications submitted by subsections (i) through (v) is involved in a security clearance, the letting of a postsecondary educational institutions judicial or administrative litigation or contract, or the issuance of a license, and their owners who seek approval for ADR, or has an interest in judicial or grant, or other benefit. such an institution to participate or administrative litigation or ADR, the (b) For decisions by Other Public continue participating under new Department may disclose PEPS records Agencies and Professional ownership in the student financial to the parties described in paragraphs Organizations. The Department may assistance programs authorized under (b), (c), and (d) of this routine use under disclose records to a Federal, State, title IV of the HEA, from components of the conditions specified in those local, or foreign agency or other public the Department, from other Federal, paragraphs: authority or professional organization, State and non-governmental agencies (i) The Department of Education, or in connection with the hiring or and organizations that acquire any component of the Department; retention of an employee or other information relevant to the purposes of (ii) Any Department employee in his personnel action, the issuance of a the PEPS. Information may also be or her official capacity; security clearance, the letting of a obtained from other persons or entities (iii) Any employee of the Department contract, or the issuance of a license, from which data is obtained under in his or her individual capacity where grant, or other benefit, to the extent that routine uses set forth below. the Department of Justice (DOJ) has been requested to or has agreed to provide or the record is relevant and necessary to ROUTINE USES OF RECORDS MAINTAINED IN THE arrange for representation for the the receiving entity’s decision on the SYSTEM, INCLUDING CATEGORIES OF USERS AND employee; matter. PURPOSES OF SUCH USES: (iv) Any employee of the Department (5) Employee Grievance, Complaint, The Department may disclose in his or her individual capacity where or Conduct Disclosure. If a record is information contained in a record in the agency has agreed to represent the relevant and necessary to an employee this system of records under the routine employee; or grievance, complaint, or disciplinary uses listed in this system of records (v) The United States, where the action involving a present or former without the consent of the individual if Department determines that the employee of the Department, the the disclosure is compatible with the litigation is likely to affect the Department may disclose a record from purposes for which the record was Department or any of its components. this system of records in the course of collected. These disclosures may be (b) Disclosure to the Department of investigation, fact-finding, or made on a case-by-case basis or, if the Justice. If the Department determines adjudication, to any party to the Department has complied with the that disclosure of certain records to the grievance, complaint, or action; to the computer matching requirements of the DOJ is relevant and necessary to judicial party’s counsel or representative; to a Privacy Act of 1974, as amended or administrative litigation or ADR, the witness; or to a designated fact-finder, (Privacy Act), under a computer Department may disclose those records mediator, or other person designated to matching agreement. as a routine use to the DOJ. resolve issues or decide the matter.

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(6) Labor Organization Disclosure. Department may disclose records to the deleted 30 years after cut off. Cut off The Department may disclose records OMB or the CBO as necessary to fulfill occurs at the end of the fiscal year when from this system of records to an CRA requirements in accordance with 2 final action is completed. arbitrator to resolve disputes under a U.S.C. 661b. negotiated grievance process or to (13) Disclosure in the Course of ADMINISTRATIVE, TECHNICAL, AND PHYSICAL officials of a labor organization Responding to a Breach of Data. The SAFEGUARDS: recognized under 5 U.S.C. chapter 71 Department may disclose records to All physical access to the Department when relevant and necessary to their appropriate agencies, entities, and of Education sites, and the site of duties of exclusive representation. persons when (a) the Department Department contractor where this (7) Freedom of Information Act suspects or has confirmed that there has system of records is maintained, is (FOIA) or Privacy Act Advice been a breach of the system of records; controlled and monitored by security Disclosure. The Department may (b) the Department has determined that personnel who check each individual disclose records to the DOJ or the Office as a result of the suspected or confirmed entering the building for his or her of Management and Budget (OMB) if the breach there is a risk of harm to employee or visitor badge. The Department seeks advice regarding individuals, the Department (including computer system employed by the whether records maintained in this its information systems, program, and Department offers a high degree of system of records are required to be operation), the Federal Government, or resistance to tampering and disclosed under the FOIA or Privacy national security; and (c) the disclosure circumvention with firewalls, Act. made to such agencies, entities, and encryption, and password protection. (8) Disclosure to the DOJ. The persons is reasonably necessary to assist This security system limits data access Department may disclose records to the in connection with the Department’s to staff of the Department, guarantors, DOJ to the extent necessary for efforts to respond to the suspected or accrediting agencies, State agencies, and obtaining DOJ advice on any matter confirmed breach or to prevent, Department contractors on a ‘‘need-to- relevant to an audit, inspection, or other minimize, or remedy such harm. know’’ basis, and controls individual inquiry related to the programs covered (14) Disclosure in Assisting another users’ ability to access and alter records by this system. Agency in Responding to a Breach of within the system. All users of this (9) Contract Disclosure. If the Data. The Department may disclose system of records are given a unique Department contracts with an entity for records from this system to another user ID with personal identifiers. All the purpose of performing any function Federal agency or Federal entity, when interactions by individual users with that requires disclosure of records in the Department determines that the system are recorded. Access to the this system to employees of the information from this system of records system requires two-factor contractor, the Department may disclose is reasonably necessary to assist the authentication. the records to those employees. As part recipient agency or entity in (a) of such a contract, the Department shall responding to a suspected or confirmed RECORD ACCESS PROCEDURES: require the contractor to agree to breach or (b) preventing, minimizing, or If you wish to gain access to any maintain safeguards to protect the remedying the risk of harm to record in the system of records, you security and confidentiality of the individuals, the recipient agency or must contact the system manager at the records in the system. entity (including its information address listed above. You must provide (10) Research Disclosure. The systems, programs, and operations), the the necessary particulars of your name, Department may disclose records to a Federal Government, or national SSN, and any other identifying researcher if an appropriate official of security, resulting from a suspected or information requested by the the Department determines that the confirmed breach. individual or organization to which the Department, while processing the disclosure would be made is qualified to POLICIES AND PRACTICES FOR STORAGE OF request, to distinguish between carry out specific research related to RECORDS: individuals with the same name. Such functions or purposes of this system of The records are maintained on requests must meet the requirements of records. The official may disclose electronic data files on a server. 34 CFR 5b.5. records from this system of records to POLICIES AND PRACTICES FOR RETRIEVAL OF CONTESTING RECORD PROCEDURES: that researcher solely for the purpose of RECORDS: If you wish to contest the content of carrying out that research related to the The records are indexed by the name a record in the system pertaining to you, functions or purposes of this system of of the institution or organization, and you must contact the system manager at records. The researcher shall be may be retrieved by the OPEID of the address listed above. The request to required to agree to maintain safeguards postsecondary educational institution, amend must be made in writing and to protect the security and EIN (Entity Identification Number) of addressed to the system manager at the confidentiality of the disclosed records. the postsecondary educational address provided above with the (11) Congressional Member institution or entity; or the name or the necessary particulars of your name, Disclosure. The Department may Taxpayer Identification Number SSN, and any other identifying disclose records to a member of (generally the Social Security number) information requested by the Congress from the record of an of the individual. individual in response to an inquiry Department, while processing the from the member made at the written POLICIES AND PRACTICES FOR RETENTION AND request, to distinguish between request of that individual. The DISPOSAL OF RECORDS: individuals with the same name. The member’s right to the information is no Records are maintained and disposed request must identify the particular greater than the right of the individual of in accordance with the Department record within the PEPS that you wish to who requested it. Records Schedule 074: FSA Guaranty have changed, state whether you wish to (12) Disclosure to the Office of Agency, Financial and Education have the record amended, corrected, or Management and Budget or the Institution Eligibility, Compliance, deleted, and explain the reasons why Congressional Budget Office (CBO) for Monitoring and Oversight Records (N1– you wish to have the record changed. Credit Reform Act (CRA) Support. The 441–09–15). Records are destroyed/ Requests to amend a record must meet

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the requirements of the Department’s ACTION: Notice. of information technology. Please note Privacy Act regulations at 34 CFR 5b.7. that written comments received in SUMMARY: In accordance with the response to this notice will be NOTIFICATION PROCEDURES: Paperwork Reduction Act of 1995, ED is considered public records. If you wish to determine whether a proposing a revision of an existing Title of Collection: E-Complaint record exists regarding you in the information collection. Form(FERPA) and PPRA E-Complaint system, you must contact the system DATES: Interested persons are invited to Form. manager at the address listed above. submit comments on or before OMB Control Number: 1880–0544. You must provide the necessary November 13, 2018. Type of Review: A revision of an particulars of your name, SSN, and any ADDRESSES: To access and review all the existing information collection. other identifying information requested documents related to the information Respondents/Affected Public: by the Department, while processing the collection listed in this notice, please Individuals or Households. request, to distinguish between use http://www.regulations.gov by Total Estimated Number of Annual individuals with the same name. Your searching the Docket ID number ED– Responses: 500. request must meet the requirements of 2018–ICCD–0093. Comments submitted Total Estimated Number of Annual the regulations at 34 CFR 5b.5, in response to this notice should be Burden Hours: 500. including proof of identity. submitted electronically through the Abstract: The Family Policy EXEMPTIONS PROMULGATED FOR THE SYSTEM: Federal eRulemaking Portal at http:// Compliance Office (FPCO) reviews, None. www.regulations.gov by selecting the investigates, and processes complaints Docket ID number or via postal mail, of alleged violations of the Family HISTORY: commercial delivery, or hand delivery. Education Rights and Privacy Act The system of records was published Please note that comments submitted by (FERPA) and the Protection of Pupil in the Federal Register on June 4, 1999 fax or email and those submitted after Rights Amendment (PPRA) filed by (64 FR 30106, 30171–30173), and the comment period will not be parents and eligible students. FPCO’s amended on December 27, 1999 (64 FR accepted. Written requests for authority to investigate, review, and 72384, 72405). This system of records information or comments submitted by process complaints extends to was rescinded on August 8, 2017 (82 FR postal mail or delivery should be allegations of violations of FERPA by 37089–37094). addressed to the Director of the any recipient of United States Appendix to 18–11–09 Information Collection Clearance Department of Education (Department) Division, U.S. Department of Education, funds under a program administered by ADDITIONAL SYSTEM LOCATIONS: 550 12th Street SW, PCP, Room 9089, the Secretary (e.g., schools, school Boston Office, 5 Post Office Square, Washington, DC 20202–0023. districts, postsecondary institutions, Boston, MA 02109. New York Office, 32 FOR FURTHER INFORMATION CONTACT: For state educational agencies, and other Old Slip, New York, NY 10005. specific questions related to collection third parties that receive Department Philadelphia Office, The Wanamaker activities, please contact Angela funds). This revision includes the Building, 100 Penn Square East, Arrington, (202)260–8915. addition of the PPRA Complaint form Philadelphia, PA 19107. SUPPLEMENTARY INFORMATION: The that would allow parents to file a Chicago Office, Citigroup Center, 500 Department of Education (ED), in complaint. The Department expects to W Madison Street Chicago, IL 60661. accordance with the Paperwork receive more than 10 complaints under Atlanta Office, 61 Forsyth Street SW, Reduction Act of 1995 (PRA) (44 U.S.C. the PPRA requiring approval. Atlanta, GA 30303. 3506(c)(2)(A)), provides the general Dallas Office, 1999 Bryan Street, Dated: September 5, 2018. public and Federal agencies with an Stephanie Valentine, Dallas, TX 75201. opportunity to comment on proposed, Kansas City Office, 1010 Walnut Acting Director, Information Collection revised, and continuing collections of Street, Kansas City, MO 64106. Clearance Division, Office of the Chief Privacy Denver Office, Cesar E. Chavez information. This helps the Department Officer, Office of Management. Memorial Building, 1244 Speer assess the impact of its information [FR Doc. 2018–19672 Filed 9–10–18; 8:45 am] collection requirements and minimize Boulevard, Denver, CO 80204. BILLING CODE 4000–01–P San Francisco Office, 50 Beale Street, the public’s reporting burden. It also San Francisco, CA 94105. helps the public understand the Department’s information collection Seattle Office, 915 Second Avenue, DEPARTMENT OF ENERGY Seattle, WA 98174. requirements and provide the requested U.S. Department of Education, 400 data in the desired format. ED is Proposed Distribution of Residual Maryland Avenue SW, Washington, DC soliciting comments on the proposed Citronelle Settlement Agreement 20202. information collection request (ICR) that Funds [FR Doc. 2018–19688 Filed 9–10–18; 8:45 am] is described below. The Department of Education is especially interested in AGENCY: BILLING CODE 4000–01–P Office of Hearings and Appeals, public comment addressing the Department of Energy. following issues: (1) Is this collection ACTION: Notice of implementation of DEPARTMENT OF EDUCATION necessary to the proper functions of the special refund procedures. Department; (2) will this information be [Docket No. ED–2018–ICCD–0093] processed and used in a timely manner; SUMMARY: The Office of Hearings and Agency Information Collection (3) is the estimate of burden accurate; Appeals (OHA) of the Department of Activities; Comment Request; E- (4) how might the Department enhance Energy (DOE) announces the procedures Complaint Form(FERPA) and PPRA E- the quality, utility, and clarity of the for the disbursement of residual funds Complaint Form information to be collected; and (5) how (totaling approximately $59,000) might the Department minimize the remaining in various Citronelle AGENCY: Office of Management (OM), burden of this collection on the Settlement Agreement escrow accounts Department of Education (ED). respondents, including through the use to the parties to the Agreement.

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DATES: Comments are due by October (1991). In Apri1 1992, OHA issued a • 2/7 to the States in proportions 11, 2018. decision addressing certain claims to listed in Exhibit L of the Settlement ADDRESSES: Interested persons are the Citronelle escrow account funds, Agreement and detailed below; encouraged to submit written comments establishing deadlines and procedures • 2/7 to the Refiner-Litigants; and • electronically to: Kristin L. Martin, governing claims to the funds, and 1/7 to the End-Users Attorney-Advisor, Office of Hearings scheduling an evidentiary proceeding. The Agreement requires that the and Appeals, U.S. Department of The 341 Tract Unit of the Citronelle funds remaining in the End-Users Energy, 1000 Independence Ave. SW, Field, 22 DOE ¶ 85,069 (1992). In May account be transferred to the Subpart V Washington, DC 20585–0107, (202) 287– 1994, OHA issued a Decision and Order Crude Oil Proceeding. However, the 1550, Email: [email protected]. setting forth its determination of the Subpart V Crude Oil Proceeding closed in 2016, with all remaining funds being FOR FURTHER INFORMATION CONTACT: percentage of the funds that should be distributed equally between the United Kristin L. Martin, Attorney-Advisor, allocated to various entities. The 341 States Treasury and the States (in pro- Office of Hearings and Appeals, U.S. Tract Unit of the Citronelle Field, 24 rata proportions defined by that refund Department of Energy, 1000 DOE ¶ 81,035 (1994). Those actions led to further litigation. proceeding). See 69 FR 29300 (May 21, Independence Ave. SW, Washington, The Unit appealed OHA’s termination 2004). DC 20585–0107, (202) 287–1550, Email: of exception relief decision to the [email protected]. I. Proposed Procedure for Final Federal Energy Regulatory Commission Distribution of Citronelle Settlement SUPPLEMENTARY INFORMATION: The Cost (FERC), which affirmed OHA’s decision. Agreement Funds of Living Council, a predecessor agency The Unit then sought judicial review in of the Department of Energy, acting R.H. Stechman, et al. v. Department of The Citronelle Settlement Agreement pursuant to the Economic Stabilization Energy, No. 94–0887–A–M (S.D. Ala. funds will be distributed according to Act of 1970, Public Law 91 39, 84 Stat. 1994). the following plan. Any funds 796, 799, on August 22, 1973, issued a In order to avoid further extended remaining after the final distributions system of price controls on the first sale judicial proceedings over the made in accordance with this plan will of all domestic production of crude oil. disposition of the Citronelle escrow be considered unclaimed and will be Eventually, regulations were account, DOE reached a settlement transferred to the U.S. Treasury. Final promulgated controlling the allocation (Settlement Agreement) resolving, first, distribution amounts will be calculated and prices of many refined petroleum the claims to the DOE/Citronelle escrow using the distribution percentages listed products in addition to crude oil and fund reserved for various Refiner- in an appendix to this Notice on the day providing for enforcement of these Litigants and, second, the Unit’s claims. the final Notice is published in the regulations. See 10 CFR part 210 et seq.; The settlement agreement resolving the Federal Register. see also Emergency Petroleum claims of the Refiner-Litigants was The Non-Litigant Refiners Account Allocation Act of 1973, Public Law 93– approved by the United States District 159, Exec. Order 11,748, 38 FR 33577 Court for the Southern District of Texas The Agreement requires that the (December 6, 1973) (EPAA); Economic on December 6, 1995. See 61 FR 48946, balance of the Non-Litigant Refiners Stabilization Act of 1970, as amended, 48947 (Sept. 17, 1996). account be distributed to the Refiner- Public Law 92–210, 85 Stat. 743; Public The Settlement Agreement had five Litigants through an escrow account Law 93–28, 87 Stat. 27, Exec. Order Parties and eight Eligible Entities or established for that purpose for the 11,748, 38 FR 33575 (December 4, 1973) Groups. The Parties were: The United initial distribution of Citronelle funds (ESA); Cost of Living Council Order No. States, the Department of Energy, and and managed by the law firm Miller & 47, 39 FR 24 (January 2, 1974). specified Refiner-Litigants, Participant Chevalier. Miller & Chevalier no longer The Citronelle Settlement Agreement States, and Participant End-Users. The represents the Refiner-Litigants. Further, funds resulted from funds collected by groups eligible to share in the remaining DOE has not been able to obtain the Department of Energy (DOE) in Citronelle funds were: the States, a documentation regarding how previous connection with the approval of group of End-Users, various Refiners (as Citronelle distributions were made exception relief from the price control defined in the Agreement), a group of among the various firms comprising the regulations in effect for the 341 Tract Non-Litigant Refiners, the Consumers Refiner-Litigants. In light of these facts Unit of Citronelle Field (Unit) by the Power Company and various groups of and because the Citronelle distribution DOE Office of Hearings and Appeals Refiner Cooperatives, Cooperatives, and proportions agreed to by the Refiner- (OHA). The 341 Tract Unit of the Airlines (as defined in the Agreement). Litigants were not a part of the Citronelle Field, 10 DOE ¶ 81, 207 The original amount governed by the Agreement and thus not binding on (1983). Agreement was more than DOE, we propose that the Refiner- The Citronelle exception relief $63,000,000.00. As of June 2018, Litigant portion of the funds be divided spawned years of administrative and approximately $36,200.00 remained in in equal proportions for the firms, or judicial litigation, including litigation the Airlines escrow account and successor firms, listed in Exhibit A of over the final terms and conditions of approximately $23,000.00 remained in the Agreement. A list of these firms is the relief, OHA’s authority to grant the the Non-Litigant Refiners escrow included as an appendix to this Notice. relief and the evidentiary basis for its account. If a listed firm, or successor firm, does decision, and the possible revision or The Agreement stipulates that funds not submit the Required Information termination of the relief. Ultimately, in remaining in the Non-Litigant Refiners described below by the specified December 1991, OHA issued a decision escrow account after proper distribution deadline, the funds will be considered terminating the exception relief and to that group must be transferred to the unclaimed and will be transferred to the requiring the transfer of the remaining Refiner-Litigants. It also stipulates that U.S. Treasury. Citronelle exception relief funds to an funds remaining in the Airlines escrow escrow account in the United States account after proper distribution to that The Airlines Account Treasury under the supervision of the group are to be distributed in the The Airlines account remaining funds DOE Controller. The 341 Tract Unit of following proportions: will be split according to the the Citronelle Field, 21 DOE ¶ 81,009 • 2/7 to the United States Treasury; percentages prescribed in the Settlement

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Agreement. Two sevenths of the other required information described in Massachusetts 1.22259929840854000% Airlines account funds will be this section. Michigan 1.21688372104464000% distributed to the United States • Electronic Funds Transfer (EFT) Minnesota 0.61974582045967800% Treasury. Two sevenths of the Airlines Information: Each Recipient must Mississippi 0.48769574322855100% submit all information necessary for Missouri 0.70516872255815100% account funds will be distributed to the Montana 0.16165040119813900% Refiner-Litigants Escrow Account. Two DOE to make an electronic distribution Nebraska 0.26336705431455200% sevenths of the Airlines account funds of funds, including the name and Nevada 0.14466342873599700% will be distributed to the States in the contact information (phone number, New Hampshire 0.16645300019308600% proportions listed in Exhibit L of the email address, and mailing address) of New Jersey 1.31838653652643000% Agreement. a person designated to be the Point of New Mexico 0.23395138247190300% One seventh of the Airlines account Contact, banking information, and Tax New York 2.76553651908726000% funds will be allocated to the End-Users ID number. DOE will not contact No. Mariana Islands 0.00329014604847478% account, which will be distributed in Recipients regarding problems, North Carolina 0.80159665169915200% discrepancies, or other issues with EFT North Dakota 0.13090382462201500% the same proportions as the residual Ohio 1.34202999992372000% Subpart V funds were distributed information. DOE will notify the Oklahoma 0.44109500817469100% pursuant to our notice in 72 FR 46461, designated Point of Contact when the Oregon 0.35401620870755400% 46462 (August 14, 2007). The funds will EFT is initiated. If an EFT is Pennsylvania 1.66287802161090000% be split equally, with half distributed to unsuccessful and the Recipient does not Puerto Rico 0.34023415151078600% the United States Treasury and half contact DOE to correct the error by the Rhode Island 0.14160268359603600% distributed to the States. The funds 14th day following the EFT initiation, South Carolina 0.42578568669101500% distributed to the States will be divided the amount not distributed will be South Dakota 0.12770074547322300% in the proportions used for the final considered unclaimed and will be Tennessee 0.57787034891897200% transferred to the United States Texas 2.63486674686911000% distribution of the Subpart V funds, Utah 0.21069728945457100% which are identical to those listed in Treasury. Vermont 0.08547809926032230% Exhibit L of the Agreement. All funds Submissions should in PDF format Virgin Islands 0.16520939843142600% distributed to the States are subject to and must be submitted by email to Virginia 0.91659346391607800% the same restricted uses as those [email protected]. The subject Washington 0.54540262288818800% received by that State as a result of the line should include ‘‘Citronelle West Virginia 0.21344547509163300% settlement of the case known as In Re: Settlement Agreement Recipient Wisconsin 0.62838735451951800% Stripper Well Litigation, M.D.L. No. 378. Documents’’ and the name of the State Wyoming 0.14563871266099600% A list of distribution percentages is or other Recipient. The Releases of Total 35.71428571428570000% included as an appendix to this Notice. Claims contained in the Agreement’s Non-Litigant Refiners Account Funds If a State does not submit the Required Exhibits may be obtained by contacting Refiner-Litigants 100% Information described below by the Kristin L. Martin, Attorney-Advisor, • Each Refiner-Litigant Entity is entitled to specified deadline, the funds will be Office of Hearings and Appeals, by 3.03% of the Non-Litigant Refiners Account considered unclaimed and will be email at [email protected], or Funds. transferred to the U.S. Treasury. by telephone at (202) 287–1550. List of Refiner-Litigants Required Information II. Appendix A—Proposed Distribution Amoco Oil Company Percentages and List of Refiner- Ashland Oil, Inc. In order to receive its allotted funds, Litigants Atlantic Richfield Company each Recipient, including State Axel Johnson, Inc. Recipients, must submit the following Citronelle Airline Account Funds BHP Petroleum Americas Refining, Inc. no later than the 90th calendar day Refiner-Litigants 28.57142857142860000% Castle Oil Corporation following publication of the Final Plan • Each Refiner-Litigant Entity is entitled to Charter International Oil Company in the Federal Register: 0.865800865800867% of the total Airline Charter Oil Company • Statement of Intent: The Statement Account Funds. Chevron U.S.A., Inc. should be brief and include the United States Treasury Clark Oil & Refining Corporation 35.71428571428570000% The Coastal Corporation Recipient’s name and the Alabama 0.54804016064259400% Commonwealth Oil Refining Company representative’s authority to claim the Alaska 0.13818786523157600% Conoco, Inc. Recipient’s funds. American Samoa 0.00636083244822057% Crown Central Petroleum Corp. • Information Required by the Arizona 0.36634454245826900% Diamond Shamrock Refining & Marketing Agreement: The Agreement requires that Arkansas 0.45449277491405100% Company certain Releases of Claims be executed California 3.26944016176838000% Exxon Corporation and submitted to DOE before Recipients Colorado 0.38401187480512000% Fina Oil and Chemical Company may receive distributions. Connecticut 0.60652108584973400% Gulf States Oil & Refining Co. Æ Delaware 0.16956338168467300% Kerr-McGee Refining Corporation If a Recipient has not ever District of Columbia 0.08531354824083700% La Gloria Oil and Gas Company submitted the relevant Release of Florida 1.65010975432690000% Marathon Oil Company Claims, it should contact DOE at the Georgia 0.79531816470797200% Mobil Oil Corporation below address to obtain a copy of the Guam 0.05263184468083650% New England Petroleum Corporation release, and should submit the executed Hawaii 0.24538846523323400% Oxy USA, Inc. release with the other required Idaho 0.14657787754978300% Shell Oil Company information described in this section. Illinois 1.64040323767528000% Sprague Energy Corporation Æ If a Recipient has previously Indiana 0.87972416423889800% Tesoro Petroleum Corporation Iowa 0.46535022190036900% Texaco, Inc. submitted the relevant Release of Kansas 0.40036549196707900% Texaco Refining & Marketing, Inc. Claims, it should submit to DOE a Kentucky 0.45780595111052400% Tosco Corporation notarized statement certifying that it has Louisiana 0.84950225360465700% Total Petroleum, Inc. submitted the release. The notarized Maine 0.26254694847105300% Union Pacific Resources Company statement should be submitted with the Maryland 0.63946084248035600% Wyatt Energy, Inc.

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Signed in Washington, DC on: August 27, FOR FURTHER INFORMATION CONTACT: Ms. commitments that require LEU used for 2018. Audrey Beldio, NNSA Domestic defense purposes to be free of peaceful Poli A. Marmolejos, Uranium Enrichment Program Manager, use restrictions (‘‘unobligated’’). TVA is Director, Office of Hearings and Appeals. U.S. Department of Energy, 1000 responsible for preserving the [FR Doc. 2018–19687 Filed 9–10–18; 8:45 am] Independence Avenue SW, Washington, unobligated LEU to be used as fuel in BILLING CODE 6450–01–P DC 20585, telephone (202) 586–1963, or tritium production reactors. email [email protected]. The Department’s transfers of SUPPLEMENTARY INFORMATION: Currently, uranium are conducted in accordance DEPARTMENT OF ENERGY the United States does not possess a fully domestic uranium enrichment with its authority under the Atomic National Nuclear Security capability. The U.S. uranium Energy Act of 1954, and consistent with Administration enrichment market consists of foreign other applicable law. These uranium transfers will be conducted under Secretarial Determination of a National enrichment technologies that cannot be used to meet national security Section 3112(e)(2) of the USEC Security Purpose for the Sale or Privatization Act of 1996, which Transfer of Enriched Uranium requirements for enriched uranium. Acknowledging that it will take time provides for transfers of enriched AGENCY: National Nuclear Security to develop enrichment technologies and uranium to any person for national Administration, Department of Energy. allow for thorough analysis to inform an security purposes, as determined by the ACTION: Notice. acquisition decision for producing Secretary. unobligated LEU, NNSA’s Domestic Signed in Washington, DC, on September SUMMARY: On August 21, 2018, the Uranium Enrichment strategy includes 5, 2018. Secretary of Energy issued a NNSA Defense Programs down-blending determination (‘‘Secretarial approximately 20 metric tons of HEU to Philip T. Calbos, Determination’’) covering the transfer of LEU for use as fuel in tritium Acting Deputy Administrator for Defense low enriched uranium in support of the production reactors. The uranium will Programs, National Nuclear Security tritium production mission. The be transferred to the NNSA federal Administration. Secretarial Determination establishes partner, the Tennessee Valley Authority Appendix the national security purpose of these (TVA) only for use as fuel in a reactor transfers, therefore the transfers will be producing tritium and not for resale or Department of Energy conducted under the USEC Privatization retransfer. TVA will pay for the value of Set forth below is the full text of the Act of 1996. uranium to be received. Use of this Secretarial Determination: DATES: The Secretary of Energy signed material is compliant with long- BILLING CODE 6450–01–P the determination on August 21, 2018. standing U.S. policy and international

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The sn,pr.:I>T:!:II'll of Energy 20585

SECRETl\RTAL DETERMTNATION OF A NATIONAL SECURITY PURPOSE FOR THE OR TRANSFI!R OF ENRICHED

lli'O•dUIJticm mission serve n national purpuse under USEC Privatizallon Act

AUG 2 I

[FR Doc. 2018–19686 Filed 9–10–18; 8:45 am] BILLING CODE 6450–01–C

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DEPARTMENT OF ENERGY amended by section 4 of the Qualifying Conduit Hydropower Hydropower Regulatory Efficiency Act Facility Description: The proposed Federal Energy Regulatory of 2013 (HREA). The proposed project would consist of: (1) A ten-inch Commission Bluewater Fish Hatchery Artesian Well PVC pipe in the pump house of the [Docket No. CD18–11–000] Hydroelectric Project would have an artesian well containing a single turbine installed capacity of 35 kilowatts (kW), with a total generating capacity of 35 Montana Department of Fish, Wildlife & and would be located on a 10-inch kW; (2) a 37-foot-long, 10-inch-diameter Parks, Fish Hatchery Bureau; Notice of diameter pipeline that would take water PVC pipe connected to an existing, Preliminary Determination of a from an artesian well to the Bluewater abandoned water line that will transport Qualifying Conduit Hydropower Spring, to be used for the fish hatchery. well water to the Bluewater Spring; and The project would be located near the Facility and Soliciting Comments and (3) appurtenant facilities. The proposed Town of Bridger in Carbon County, Motions To Intervene project would have an estimated annual Montana. On August 30, 2018, the Montana Applicant Contact: Jay Pravecek, generation of 306.6 megawatt-hours. Department of Fish, Wildlife & Parks, Chief, Fish Hatchery Bureau, 1420 E 6th A qualifying conduit hydropower Fish Hatchery Bureau, filed a notice of Avenue, Helena, MT 59620–0701. facility is one that is determined or intent to construct a qualifying conduit FERC Contact: Robert Bell, Phone No. deemed to meet all of the criteria shown hydropower facility, pursuant to section (202) 502–6062; Email: robert.bell@ in the table below. 30 of the Federal Power Act (FPA), as ferc.gov.

TABLE 1—CRITERIA FOR QUALIFYING CONDUIT HYDROPOWER FACILITY

Satisfies Statutory provision Description (Y/N)

FPA 30(a)(3)(A), as amended by HREA ..... The conduit the facility uses is a tunnel, canal, pipeline, aqueduct, flume, ditch, or simi- Y lar manmade water conveyance that is operated for the distribution of water for agri- cultural, municipal, or industrial consumption and not primarily for the generation of electricity. FPA 30(a)(3)(C)(i), as amended by HREA The facility is constructed, operated, or maintained for the generation of electric power Y and uses for such generation only the hydroelectric potential of a non-federally owned conduit. FPA 30(a)(3)(C)(ii), as amended by HREA The facility has an installed capacity that does not exceed 5 megawatts ...... Y FPA 30(a)(3)(C)(iii), as amended by HREA On or before August 9, 2013, the facility is not licensed, or exempted from the licens- Y ing requirements of Part I of the FPA.

Preliminary Determination: The or ‘‘MOTION TO INTERVENE,’’ as Energy Regulatory Commission, 888 proposed hydroelectric project will not applicable; (2) state in the heading the First Street NE, Washington, DC 20426. interfere with the primary purpose of name of the applicant and the project A copy of all other filings in reference the conduit, which is to aid the Fish number of the application to which the to this application must be accompanied Hatchery Bureau’s fish hatchery water filing responds; (3) state the name, by proof of service on all persons listed supply system. Therefore, based upon address, and telephone number of the in the service list prepared by the the above criteria, Commission staff person filing; and (4) otherwise comply Commission in this proceeding, in preliminarily determines that the with the requirements of sections accordance with 18 CFR 4.34(b) and proposal satisfies the requirements for a 385.2001 through 385.2005 of the 385.2010. qualifying conduit hydropower facility, Commission’s regulations.1 All which is not required to be licensed or comments contesting Commission staff’s Locations of Notice of Intent: Copies exempted from licensing. preliminary determination that the of the notice of intent can be obtained Comments and Motions To Intervene: facility meets the qualifying criteria directly from the applicant or such Deadline for filing comments contesting must set forth their evidentiary basis. copies can be viewed and reproduced at whether the facility meets the qualifying The Commission strongly encourages the Commission in its Public Reference criteria is 45 days from the issuance electronic filing. Please file motions to Room, Room 2A, 888 First Street NE, date of this notice. intervene and comments using the Washington, DC 20426. The filing may Deadline for filing motions to Commission’s eFiling system at http:// also be viewed on the web at http:// intervene is 30 days from the issuance www.ferc.gov/docs-filing/efiling.asp. www.ferc.gov/docs-filing/elibrary.asp date of this notice. Commenters can submit brief comments using the ‘‘eLibrary’’ link. Enter the Anyone may submit comments or a up to 6,000 characters, without prior docket number (i.e., CD18–11) in the motion to intervene in accordance with registration, using the eComment system docket number field to access the the requirements of Rules of Practice at http://www.ferc.gov/docs-filing/ document. For assistance, call toll-free and Procedure, 18 CFR 385.210 and ecomment.asp. You must include your 1–866–208–3676 or email 385.214. Any motions to intervene must name and contact information at the end [email protected]. For TTY, be received on or before the specified of your comments. For assistance, call (202) 502–8659. deadline date for the particular please contact FERC Online Support at proceeding. [email protected], (866) Dated: September 5, 2018. Filing and Service of Responsive 208–3676 (toll free), or (202) 502–8659 Nathaniel J. Davis, Sr., Documents: All filings must (1) bear in (TTY). In lieu of electronic filing, please Deputy Secretary. all capital letters the ‘‘COMMENTS send a paper copy to: Secretary, Federal [FR Doc. 2018–19691 Filed 9–10–18; 8:45 am] CONTESTING QUALIFICATION FOR A BILLING CODE 6717–01–P CONDUIT HYDROPOWER FACILITY’’ 1 18 CFR 385.2001–2005 (2017).

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DEPARTMENT OF ENERGY must file in accordance with Rules 211 Management, LLC R–7300–09 to be and 214 of the Commission’s effective 11/1/2018. Federal Energy Regulatory Regulations (18 CFR 385.211 and Filed Date: 9/4/18. Commission 385.214) on or before 5:00 p.m. Eastern Accession Number: 20180904–5072. time on the specified comment date. Comments Due: 5 p.m. ET 9/17/18. Combined Notice of Filings #1 Protests may be considered, but Docket Numbers: RP18–1134–000. Docket Numbers: EC18–150–000. intervention is necessary to become a Applicants: Iroquois Gas Applicants: Noble Altona Windpark, party to the proceeding. Transmission System, L.P. LLC, Noble Bliss Windpark, LLC, Noble eFiling is encouraged. More detailed Description: § 4(d) Rate Filing: 090418 Chateaugay Windpark, LLC, Noble information relating to filing Negotiated Rates—Twin Eagle Resource Clinton Windpark I, LLC, Noble requirements, interventions, protests, Management, LLC R–7300–10 to be Ellenburg Windpark, LLC, Noble service, and qualifying facilities filings effective 11/1/2018. Wethersfield Windpark, LLC. can be found at: http://www.ferc.gov/ Filed Date: 9/4/18. Description: Application for docs-filing/efiling/filing-req.pdf. For Accession Number: 20180904–5073. Authorization under Section 203 of the other information, call (866) 208–3676 Comments Due: 5 p.m. ET 9/17/18. Federal Power Act, et al. of Noble (toll free). For TTY, call (202) 502–8659. Docket Numbers: RP18–1135–000. Altona Windpark, LLC, et al. Dated: September 5, 2018. Applicants: Equitrans, L.P. Filed Date: 9/4/18. Nathaniel J. Davis, Sr., Description: Tariff Cancellation: Terminate Negotiated Rate Service Accession Number: 20180904–5184. Deputy Secretary. Comments Due: 5 p.m. ET 9/25/18. Agreement—Hayden Harper to be [FR Doc. 2018–19694 Filed 9–10–18; 8:45 am] Take notice that the Commission effective 1/10/2018. BILLING CODE 6717–01–P received the following electric rate Filed Date: 9/4/18. filings: Accession Number: 20180904–5075. Comments Due: 5 p.m. ET 9/17/18. Docket Numbers: ER17–1428–003. DEPARTMENT OF ENERGY Applicants: Tilton Energy LLC. Docket Numbers: RP18–1136–000. Description: Compliance filing: Federal Energy Regulatory Applicants: Equitrans, L.P. Settlement Compliance Filing to be Commission Description: § 4(d) Rate Filing: effective 10/12/2017. Negotiated Capacity Release Filed Date: 8/31/18. Combined Notice of Filings Agreements—9/1/2018 to be effective Accession Number: 20180831–5173. 9/1/2018. Take notice that the Commission has Comments Due: 5 p.m. ET 9/21/18. Filed Date: 9/4/18. received the following Natural Gas Accession Number: 20180904–5076. Docket Numbers: ER18–2359–001. Pipeline Rate and Refund Report filings: Applicants: PJM Interconnection, Comments Due: 5 p.m. ET 9/17/18. L.L.C. Filings Instituting Proceedings Docket Numbers: RP18–1137–000. Applicants: El Paso Natural Gas Description: Tariff Amendment: Errata Docket Number: PR18–81–000. Company, L.L.C. Filing to Second Revised ISA SA No. Applicants: Agua Blanca, LLC. Description: § 4(d) Rate Filing: Non- 2832; Queue No. AC1–181 to be Description: Tariff filing per Conforming Negotiated Rate Agreement effective 8/8/2018. 284.123(b),(e)/: compliance to 1 to be Filing (SoCal Nov 18) to be effective Filed Date: 9/4/18. effective 7/1/2018. 11/1/2018. Accession Number: 20180904–5154. Filed Date: 8/30/18. Comments Due: 5 p.m. ET 9/25/18. Filed Date: 9/4/18. Accession Number: 20180830–5199. Docket Numbers: ER18–2377–000. Accession Number: 20180904–5077. Comments/Protests Due: 5 p.m. ET Comments Due: 5 p.m. ET 9/17/18. Applicants: Southwestern Public 9/20/18. Service Company. Docket Numbers: RP18–1138–000. Description: Application for Waivers Docket Numbers: RP18–1131–000. Applicants: Iroquois Gas and for Approval of Customer Credit Applicants: Equitrans, L.P. Transmission System, L.P. Mechanism for Pipeline Refund Description: Tariff Cancellation: Description: § 4(d) Rate Filing: 090418 Amounts of Southwestern Public Terminate Non-conforming Negotiated Negotiated Rates—DTE Energy Trading, Service Company. Rate Gathering Agreement to be Inc. R–1830–15 to be effective 11/1/ Filed Date: 9/4/18. effective 8/1/2018. 2018. Accession Number: 20180904–5193. Filed Date: 9/4/18. Filed Date: 9/4/18. Comments Due: 5 p.m. ET 9/25/18. Accession Number: 20180904–5069. Accession Number: 20180904–5081. Comments Due: 5 p.m. ET 9/17/18. Docket Numbers: ER18–2378–000. Comments Due: 5 p.m. ET 9/17/18. Applicants: Midcontinent Docket Numbers: RP18–1132–000. Docket Numbers: RP18–1139–000. Independent System Operator, Inc. Applicants: Iroquois Gas Applicants: Iroquois Gas Description: § 205(d) Rate Filing: Transmission System, L.P. Transmission System, L.P. 2018–09–05_SA 3143 Blazing Star- Description: § 4(d) Rate Filing: 090418 Description: § 4(d) Rate Filing: 090418 NSPM E&P (J460) to be effective 9/6/ Negotiated Rates—Twin Eagle Resource Negotiated Rates—DTE Energy Trading, 2018. Management, LLC R–7300–08 to be Inc. R–1830–16 to be effective 11/1/ Filed Date: 9/5/18. effective 11/1/2018. 2018. Accession Number: 20180905–5063. Filed Date: 9/4/18. Filed Date: 9/4/18. Comments Due: 5 p.m. ET 9/26/18. Accession Number: 20180904–5070. Accession Number: 20180904–5082. The filings are accessible in the Comments Due: 5 p.m. ET 9/17/18. Comments Due: 5 p.m. ET 9/17/18. Commission’s eLibrary system by Docket Numbers: RP18–1133–000. Docket Numbers: RP18–1140–000. clicking on the links or querying the Applicants: Iroquois Gas Applicants: Iroquois Gas docket number. Transmission System, L.P. Transmission System, L.P. Any person desiring to intervene or Description: § 4(d) Rate Filing: 090418 Description: § 4(d) Rate Filing: 090418 protest in any of the above proceedings Negotiated Rates—Twin Eagle Resource Negotiated Rates—Freepoint

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Commodities LLC R–7250–22 to be requirements, interventions, protests, should submit an original and 5 copies effective 11/1/2018. service, and qualifying facilities filings of the protest or intervention to the Filed Date: 9/4/18. can be found at: http://www.ferc.gov/ Federal Energy Regulatory Commission, Accession Number: 20180904–5102. docs-filing/efiling/filing-req.pdf. For 888 First Street NE, Washington, DC Comments Due: 5 p.m. ET 9/17/18. other information, call (866) 208–3676 20426. Docket Numbers: RP18–1141–000. (toll free). For TTY, call (202) 502–8659. This filing is accessible on-line at Applicants: Iroquois Gas Dated: September 5, 2018. http://www.ferc.gov, using the Transmission System, L.P. Nathaniel J. Davis, Sr., ‘‘eLibrary’’ link and is available for electronic review in the Commission’s Description: § 4(d) Rate Filing: 090418 Deputy Secretary. Negotiated Rates—Direct Energy Public Reference Room in Washington, [FR Doc. 2018–19695 Filed 9–10–18; 8:45 am] Business Marketing, LLC R–7465–07 to DC. There is an ‘‘eSubscription’’ link on BILLING CODE 6717–01–P be effective 11/1/2018. the website that enables subscribers to Filed Date: 9/4/18. receive email notification when a document is added to a subscribed Accession Number: 20180904–5110. DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 9/17/18. docket(s). For assistance with any FERC Docket Numbers: RP18–1142–000. Federal Energy Regulatory Online service, please email Applicants: Guardian Pipeline, L.L.C. Commission [email protected], or call (866) 208–3676 (toll free). For TTY, call Description: § 4(d) Rate Filing: [Docket No. RP18–1130–000] Negotiated Rate PAL Agreements— (202) 502–8659. Wisconsin Public Service Corporation to Comment Date: 5 p.m. Eastern Time KMC Thermo, LLC v. Dominion Energy on September 20, 2018. be effective 9/1/2018. Cove Point LNG, LP; Notice of Filed Date: 9/4/18. Complaint Dated: September 5, 2018. Accession Number: 20180904–5120. Nathaniel J. Davis, Sr., Comments Due: 5 p.m. ET 9/17/18. Take notice that on August 31, 2018, Deputy Secretary. pursuant to section 5 of the Natural Gas Docket Numbers: RP18–1143–000. [FR Doc. 2018–19693 Filed 9–10–18; 8:45 am] Act, 15 U.S.C. 717d and Rule 206 of the Applicants: Iroquois Gas BILLING CODE 6717–01–P Transmission System, L.P. Federal Energy Regulatory Description: § 4(d) Rate Filing: 090418 Commission’s (Commission) Rules of Negotiated Rates—Macquarie Energy Practice and Procedure, 18 CFR 385.206 DEPARTMENT OF ENERGY LLC R–4090–17 to be effective 11/1/ (2018), KMC Thermo, LLC 2018. (Complainant) filed a formal complaint Federal Energy Regulatory Filed Date: 9/4/18. against Dominion Energy Cove Point Commission LNG, LP, (Respondent) alleging that Accession Number: 20180904–5121. [Docket No. EL18–196–000] Comments Due: 5 p.m. ET 9/17/18. Respondent unlawfully imposed a General System Commodity Electric RTO Insider LLC v. New England Docket Numbers: RP18–1144–000. Surcharge on certain customers, Applicants: Alliance Pipeline L.P. Power Pool Participants Committee; including the Complainant, under its Notice of Complaint Description: § 4(d) Rate Filing: FERC Gas Tariff, Second Revised Horizon Delivery Point to be effective Volume No. 1, all as more fully Take notice that on August 31, 2018, 10/1/2018. explained in the complaint. pursuant to sections 206 and 306 of the Filed Date: 9/4/18. The Complainant certifies that copies Federal Power Act, 16 U.S.C. 824e and Accession Number: 20180904–5124. of the complaint were served on 825e and Rule 206 of the Federal Energy Comments Due: 5 p.m. ET 9/17/18. Respondent’s corporate representatives Regulatory Commission’s (Commission) Docket Numbers: RP18–1145–000. designated on the Commission’s Rules of Practice and Procedure, 18 CFR Applicants: NEXUS Gas Corporate Officials List. 385.206, RTO Insider LLC Transmission, LLC. Any person desiring to intervene or to (Complainant) filed a complaint against Description: § 4(d) Rate Filing: protest this filing must file in New England Power Pool Participants NEXUS Non-Conforming Agreements accordance with Rules 211 and 214 of Committee (NEPOOL or Respondent) Filing to be effective 10/1/2018. the Commission’s Rules of Practice and requesting that the Commission find Filed Date: 9/4/18. Procedure (18 CFR 385.211, 385.214). NEPOOL’s unique press ban (and Accession Number: 20180904–5148. Protests will be considered by the public) to be unlawful, unjust and Comments Due: 5 p.m. ET 9/17/18. Commission in determining the unreasonable, unduly discriminatory The filings are accessible in the appropriate action to be taken, but will and contrary to the public interest, and Commission’s eLibrary system by not serve to make protestants parties to direct NEPOOL to cease and desist from clicking on the links or querying the the proceeding. Any person wishing to imposing such a ban, all as more fully docket number. become a party must file a notice of explained in the complaint. Any person desiring to intervene or intervention or motion to intervene, as Complainant certifies that a copy of protest in any of the above proceedings appropriate. The Respondent’s answer the complaint has been served on must file in accordance with Rules 211 and all interventions, or protests must NEPOOL. and 214 of the Commission’s be filed on or before the comment date. Any person desiring to intervene or to Regulations (18 CFR 385.211 and The Respondent’s answer, motions to protest this filing must file in 385.214) on or before 5:00 p.m. Eastern intervene, and protests must be served accordance with Rules 211 and 214 of time on the specified comment date. on the Complainants. the Commission’s Rules of Practice and Protests may be considered, but The Commission encourages Procedure (18 CFR 385.211 and intervention is necessary to become a electronic submission of protests and 385.214). Protests will be considered by party to the proceeding. interventions in lieu of paper using the the Commission in determining the eFiling is encouraged. More detailed ‘‘eFiling’’ link at http://www.ferc.gov. appropriate action to be taken, but will information relating to filing Persons unable to file electronically not serve to make protestants parties to

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the proceeding. Any person wishing to I am in favor of the collection of all DEPARTMENT OF ENERGY become a party must file a notice of information necessary for the proper intervention or motion to intervene, as performance of the function of the Federal Energy Regulatory appropriate. The Respondent’s answer Commission. I am not in favor of deciding to Commission and all interventions, or protests must collect less information because it is a be filed on or before the comment date. burden. Using automated collection [Docket No. OR18–36–000] The Respondent’s answer, motions to techniques or other form of technology is fine intervene, and protests must be served as long as it is not required for collection. Ohio River Pipe Line LLC; Notice of on the Complainant. Request for Temporary Waiver The Commission encourages To the comment received from Ms. electronic submission of protests and Joanne Collins, FERC responds: Take notice that on August 31, 2018, interventions in lieu of paper using the Commenter concurs in the collection of pursuant to Rule 204 of the Federal ‘‘eFiling’’ link at http://www.ferc.gov. information necessary for the Commission to Energy Regulatory Commission’s Persons unable to file electronically make an informed decision and take (Commission) Rules of Practice and should submit an original and 5 copies appropriate action is appropriate, but does Procedure, 18 CFR 385.204, Ohio River of the protest or intervention to the not want less information that is needed to Pipe Line LLC filed a petition for Federal Energy Regulatory Commission, not be collected solely because it is a burden temporary waiver of the tariff filing and 888 First Street NE, Washington, DC on those seeking authorizations. We confirm reporting requirements of sections 6 and 20426. that all the information required by FERC– 20 of the Interstate Commerce Act and This filing is accessible on-line at 537 continues to be necessary and that no parts 341 and 357 of the Commission’s http://www.ferc.gov, using the data collections have been revised in this regulations for the portion of its refined ‘‘eLibrary’’ link and is available for current review on FERC–537. Commenter petroleum products system that review in the Commission’s Public notes that automated ways to collect currently operates between West Reference Room in Washington, DC. information, such as eFiling are good, as long Virginia and Ohio (The Kenova- There is an ‘‘eSubscription’’ link on the as they are not ultimately required of all Columbus Pipeline), as more fully website that enables subscribers to fliers. explained in the petition. receive email notification when a Any person desiring to intervene or to On 6/4/2018, Ms. Laurie Lubsen document is added to a subscribed protest this filing must file in docket(s). For assistance with any FERC submitted the following comment: accordance with Rules 211 and 214 of Online service, please email I oppose the above proposal because it the Commission’s Rules of Practice and [email protected], or call minimizes the input from the citizenry that Procedure (8 CFR 385.211 and 385.214). (866) 208–3676 (toll free). For TTY, call will be directly affected by energy projects. Protests will be considered by the (202) 502–8659. We the PEOPLE are the most important Commission in determining the Comment Date: 5 p.m. Eastern Time voices to be heard from a functioning appropriate action to be taken, but will on September 20, 2018. democracy, especially those directly affected not serve to make protestants parties to Dated: September 5, 2018. by the FERC activities. the proceeding. Any person wishing to Nathaniel J. Davis, Sr., become a party must file a notice of To the comment received from Ms. Deputy Secretary. intervention or motion to intervene, as Laurie Lubsen, FERC responds: [FR Doc. 2018–19692 Filed 9–10–18; 8:45 am] appropriate. Such notices, motions, or BILLING CODE 6717–01–P Commenter points out that the collection protest must be filed on or before the of data and information from applicants comment date. Anyone filing a motion requesting authorization to construct and to intervene or protest must serve a copy DEPARTMENT OF ENERGY operate natural gas pipelines can create a of that document on the Petitioner. secondary burden on the general citizenry to The Commission encourages Federal Energy Regulatory learn about the Commission’s rules and electronic submission of protest and Commission process; and further to perhaps take costly interventions in lieu of paper using the and time consuming efforts to participate in [Docket No. IC18–13–000 (FERC–537)] ‘‘eFiling’’ link at http://www.ferc.gov. the Commission’s proceedings. The Persons unable to file electronically Errata Notice Paperwork Reduction Act of 1995 was not should submit an original and 5 copies intended to measure this type of secondary of the protest or intervention to the On August 14, 2018, the Commission burden; only the primary burden on those Federal Energy Regulatory issued a 30-day public notice regarding applicant entities to collect and compile the the extension of the FERC–537 Commissions, 888 First Street NE, information necessary for the Government to Washington, DC 20426. information collection. That same 30- make an informed decision and take day notice also responded to comments appropriate action. The Commission has This filing is accessible on-line at the received on FERC–537 (Gas Pipeline multiple ways, times, and methods for the http://www.ferc.gov ‘‘eLibrary’’ link and Certificates: Construction, Acquisition general citizenry to appropriately input their is available for review in the and Abandonment, OMB Control No. views on the Commission’s rules and Commission’s Public Reference Room in 1902–0060) in response to a previous process, or its individual proceedings. Washington, DC. There is an 60-day notice (issued on May, 14, 2018). ‘‘eSubscripton’’ link on the website that This Errata Notice corrects the 30-day Dated: September 5, 2018. enables subscribers to receive email notice and the presentation and Nathaniel J. Davis, Sr., notification when a document is added to a subscribed docket(s). For assistance responses to the two public comments. Deputy Secretary. with any FERC Online service, please In reference to the 30-day notice [FR Doc. 2018–19696 Filed 9–10–18; 8:45 am] issued on August 14, 2018, the section email [email protected], or labeled ‘‘Response to public comments’’ BILLING CODE 6717–01–P call (866) 208–3676 (toll free). For TTY, should be corrected to read as follows: call (202) 502–8659. On 5/30/2018, Ms. Joanne Collins Comment Date: 5:00 p.m. Eastern time submitted the following comment: on September 21, 2018.

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Dated: September 5, 2018. Pennsylvania Ave. NW, Washington, DC emerging technology. Eligible mobile Nathaniel J. Davis, Sr., 20460; telephone number: 202–343– sources include buses (including school Deputy Secretary. 9571; fax number: 202–343–2803; email buses), medium heavy-duty or heavy [FR Doc. 2018–19697 Filed 9–10–18; 8:45 am] address: [email protected]. heavy-duty diesel trucks, marine BILLING CODE 6717–01–P SUPPLEMENTARY INFORMATION: engines, locomotives, or nonroad Supporting documents which explain in engines or diesel vehicles or equipment detail the information that the EPA will used in construction, handling of cargo ENVIRONMENTAL PROTECTION be collecting are available in the public (including at ports or airports), AGENCY docket for this ICR. The docket can be agriculture, mining, or energy viewed online at www.regulations.gov production. In addition, eligible entities [EPA–HQ–OAR–2012–0103; FRL–9983–58– or in person at the EPA Docket Center, may also use funds awarded for OAR] WJC West, Room 3334, 1301 programs or projects to reduce long- duration idling using verified Proposed Information Collection Constitution Ave. NW, Washington, DC. technology involving a vehicle or Request; Comment Request; Diesel The telephone number for the Docket equipment described above. The Emissions Reduction Act (DERA) Center is 202–566–1744. For additional objective of the assistance under this Rebate Program; EPA ICR No. 2461.03, information about EPA’s public docket, program is to achieve significant OMB Control No. 2060–0686 Renewal visit http://www.epa.gov/dockets. Pursuant to section 3506(c)(2)(A) of reductions in diesel emissions in terms AGENCY: Environmental Protection the PRA, EPA is soliciting comments of tons of pollution produced and Agency (EPA). and information to enable it to: (i) reductions in diesel emissions exposure, ACTION: Notice. Evaluate whether the proposed particularly from fleets operating in collection of information is necessary areas designated by the Administrator as SUMMARY: The Environmental Protection for the proper performance of the poor air quality areas. Agency is planning to submit an functions of the Agency, including EPA uses approved procedures and information collection request (ICR), whether the information will have forms to collect necessary information ‘‘Diesel Emissions Reduction Act practical utility; (ii) evaluate the to operate its grant and rebate programs. (DERA) Rebate Program’’ (EPA ICR No. accuracy of the Agency’s estimate of the EPA has been providing rebates under 2461.03, OMB Control No. 2060–0686 burden of the proposed collection of DERA since Fiscal Year 2012. EPA is Renewal) to the Office of Management information, including the validity of requesting an extension of the current and Budget (OMB) for review and the methodology and assumptions used; ICR, which is currently approved approval in accordance with the (iii) enhance the quality, utility, and through March 31, 2019, for forms Paperwork Reduction Act. Before doing clarity of the information to be needed to collect necessary information so, EPA is soliciting public comments collected; and (iv) minimize the burden to operate a rebate program as on specific aspects of the proposed of the collection of information on those authorized by Congress under the DERA information collection as described who are to respond, including through program. below. This is a proposed extension of the use of appropriate automated EPA collects information from the ICR, which is currently approved electronic, mechanical, or other applicants to the DERA rebate program. through March 31, 2019. An Agency technological collection techniques or Information collected is used to ensure may not conduct or sponsor and a other forms of information technology, eligibility of applicants and engines to person is not required to respond to a e.g., permitting electronic submission of receive funds under DERA, and to collection of information unless it responses. EPA will consider the calculate estimated and actual displays a currently valid OMB control comments received and amend the ICR emissions benefits that result from number. as appropriate. The final ICR package activities funded with rebates as DATES: Comments must be submitted on will then be submitted to OMB for required in DERA’s authorizing or before November 13, 2018. review and approval. At that time, EPA legislation. ADDRESSES: Submit your comments, will issue another Federal Register Form numbers: 2060–0686. referencing Docket ID No. EPA–HQ– notice to announce the submission of Respondents/affected entities: Entities OAR–2012–0103, online using the ICR to OMB and the opportunity to potentially affected by this action are www.regulations.gov (our preferred submit additional comments to OMB. those interested in applying for a rebate method), by email to a-and-r-docket@ Abstract: This is an extension of the under EPA’s Diesel Emission Reduction epa.gov, or by mail to: EPA Docket current Information Collection Request Act (DERA) Rebate Program and include Center, Environmental Protection (ICR) for the Diesel Emissions Reduction but are not limited to the following Agency, Mail Code 28221T, 1200 Act program (DERA) authorized by Title NAICS (North American Industry Pennsylvania Ave. NW, Washington, DC VII, Subtitle G (Sections 791 to 797) of Classification System) codes: 23 20460. the Energy Policy Act of 2005 (Pub. L. Construction; 482 Rail Transportation; EPA’s policy is that all comments 109–58), as amended by the Diesel 483 Water Transportation; 484 Truck received will be included in the public Emissions Reduction Act of 2010 (Pub. Transportation; 485 Transit and Ground docket without change including any L. 111–364), codified at 42 U.S.C. 16131 Passenger Transportation; 4854 School personal information provided, unless et seq. DERA provides the and Employee Bus Transportation; the comment includes profanity, threats, Environmental Protection Agency (EPA) 48831 Port and Harbor Operations; information claimed to be Confidential with the authority to award grants, 61111 Elementary and Secondary Business Information (CBI) or other rebates or low-cost revolving loans on a Schools; 61131 Colleges, Universities, information whose disclosure is competitive basis to eligible entities to and Professional Schools; 9211 restricted by statute. fund the costs of projects that Executive, Legislative, and Other FOR FURTHER INFORMATION CONTACT: significantly reduce diesel emissions Government Support; and 9221 Justice, Jason Wilcox, Office of Transportation from mobile sources through Public Order, and Safety Activities. and Air Quality, (Mail Code: 6406A), implementation of a certified engine Respondent’s obligation to respond: Environmental Protection Agency, 1200 configuration, verified technology, or Voluntary.

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Estimated number of respondents: www.regulations.gov. Follow the online who are to respond, including through 500–1000 (total). instructions for submitting comments. the use of appropriate automated Frequency of response: Voluntary as Once submitted, comments cannot be electronic, mechanical, or other needed. edited or removed from Regulations.gov. technological collection techniques or Total estimated burden: 2,945 hours The EPA may publish any comment other forms of information technology, (per year). Burden is defined at 5 CFR received to its public docket. Do not e.g., permitting electronic submission of 1320.3(b). submit electronically any information responses. The EPA will consider the Total estimated cost: $103,197.33 (per you consider to be Confidential comments received and amend the ICR year), includes $0 annualized capital or Business Information (CBI) or other as appropriate. The final ICR package operation and maintenance costs. information whose disclosure is will then be submitted to OMB for Changes in estimates: There is an restricted by statute. Multimedia review and approval. At that time, the increase of 118 hours in the total submissions (audio, video, etc.) must be EPA will issue another Federal Register estimated respondent burden compared accompanied by a written comment. notice to announce the submission of with the ICR currently approved by The written comment is considered the the ICR to OMB and the opportunity to OMB. This increase is due to a higher official comment and should include submit additional comments to OMB. reported burden by the two responses to discussion of all points you wish to Abstract: Title V of the Clean Air Act consultation outreach. The higher make. The EPA will generally not (Act) requires states to develop and burden reported by these past consider comments or comment implement a program for issuing respondents was weighted against contents located outside of the primary operating permits to all sources that fall previous estimates for the latest burden submission (i.e., on the web, cloud, or under any Act definition of ‘‘major’’ and estimate. other file sharing system). For certain other non-major sources that are subject to federal air quality regulations. Dated: August 29, 2018. additional submission methods, the full EPA public comment policy, The Act further requires the EPA to Karl Simon, develop regulations that establish the Director, Transportation and Climate information about CBI or multimedia submissions, and general guidance on minimum requirements for those state Division, Office of Air and Radiation. operating permits programs and to [FR Doc. 2018–19762 Filed 9–10–18; 8:45 am] making effective comments, please visit https://www.epa.gov/dockets/ oversee implementation of the state BILLING CODE 6560–50–P commenting-epa-dockets. programs. The EPA regulations setting forth requirements for the state FOR FURTHER INFORMATION CONTACT: operating permit program are found at Dylan C. Mataway-Novak, Air Quality ENVIRONMENTAL PROTECTION 40 CFR part 70. The part 70 program is Policy Division, Office of Air Quality AGENCY designed to be implemented primarily Planning and Standards, C504–05, U.S. by state, local and tribal permitting [EPA–HQ–OAR–2004–0015; FRL–9983–60– Environmental Protection Agency, OAR] authorities in all areas where they have Research Triangle Park, NC; telephone jurisdiction. Proposed Information Collection number: (919) 541–5795; fax number: In order to receive an operating Request; Comment Request; Part 70 (919) 541–5509; email address: permit for a major or other source State Operating Permit Program [email protected]. subject to the permitting program, the (Renewal) SUPPLEMENTARY INFORMATION: applicant must conduct the necessary Supporting documents which explain in research, perform the appropriate AGENCY: Environmental Protection detail the information that the EPA will analyses and prepare the permit Agency (EPA). be collecting are available in the public application with documentation to ACTION: Notice. docket for this ICR. The docket can be demonstrate that its facility meets all viewed online at www.regulations.gov applicable statutory and regulatory SUMMARY: The Environmental Protection or in person at the EPA Docket Center, Agency (EPA) is planning to submit an requirements. Specific activities and WJC West, Room 3334, 1301 requirements are listed and described in information collection request (ICR), Constitution Avenue NW, Washington, the Supporting Statement for the 40 CFR ‘‘Part 70 State Operating Permit Program DC. The telephone number for the part 70 ICR. (Renewal)’’ (EPA ICR No. 1587.14, OMB Docket Center is (202) 566–1744. For Under 40 CFR part 70, state, local and Control No. 2060.0243) to the Office of additional information about the EPA’s tribal permitting authorities review Management and Budget (OMB) for public docket, visit http://www.epa.gov/ permit applications, provide for public review and approval in accordance with dockets. review of proposed permits, issue the Paperwork Reduction Act (PRA). Pursuant to section 3506(c)(2)(A) of permits based on consideration of all Before doing so, the EPA is soliciting the PRA, the EPA is soliciting comments technical factors and public input and public comments on specific aspects of and information to enable it to: (i) review information submittals required the proposed information collection as Evaluate whether the proposed of sources during the term of the permit. described below. This is a proposed collection of information is necessary Also, under 40 CFR part 70, the EPA extension of the ICR, which is currently for the proper performance of the reviews certain actions of the permitting approved through March 31, 2019. An functions of the agency, including authorities and provides oversight of the agency may not conduct or sponsor and whether the information will have programs to ensure that they are being a person is not required to respond to practical utility; (ii) evaluate the adequately implemented and enforced. a collection of information unless it accuracy of the agency’s estimate of the Consequently, information prepared and displays a currently valid OMB control burden of the proposed collection of submitted by sources is essential for number. information, including the validity of sources to receive permits, and for DATES: Comments must be submitted on the methodology and assumptions used; federal, state, local and tribal permitting or before November 13, 2018. (iii) enhance the quality, utility, and authorities to adequately review the ADDRESSES: Submit your comments, clarity of the information to be permit applications and thereby identified by Docket ID No. EPA–HQ– collected; and (iv) minimize the burden properly administer and manage the OAR–2004–0015, at http:// of the collection of information on those program.

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Information that is collected is extension of the ICR, which is currently of the collection of information on those handled according to the EPA’s policies approved through March 31, 2019. An who are to respond, including through set forth in title 40, chapter 1, part 2, Agency may not conduct or sponsor, the use of appropriate automated subpart B—Confidentiality of Business and a person is not required to respond electronic, mechanical, or other Information (see 40 CFR part 2). See also to a collection of information unless it technological collection techniques or section 114(c) of the Act. displays a currently valid OMB control other forms of information technology Form Numbers: None. number. (e.g., permitting electronic submission Respondents/affected entities: DATES: Comments must be submitted on of responses). The EPA will consider the Industrial plants (sources); state, local or before November 13, 2018. comments received and amend the ICR and tribal permitting authorities. ADDRESSES: Submit your comments, as appropriate. The final ICR package Respondent’s obligation to respond: referencing Docket ID No. EPA–HQ– will then be submitted to OMB for mandatory (see 40 CFR part 70). OW–2008–0150, online using review and approval. At that time, the Estimated number of respondents: www.regulations.gov (our preferred EPA will issue another Federal Register 13,712 sources and 117 state, local and method), by email to OW-Docket@ notice to announce the submission of tribal permitting authorities. epa.gov, or by mail to: EPA Docket the ICR to OMB and the opportunity to Frequency of response: On occasion. Center, Environmental Protection submit additional comments to OMB. Total estimated burden: 4,738,925 Agency, Mail Code 28221T, 1200 Abstract: (A) Sewage No-Discharge hours (per year). Burden is defined at 5 Pennsylvania Ave. NW, Washington, DC Zones: CWA section 312(f) and the CFR 1320.03(b). 20460. implementing regulations in 40 CFR part 140 provide that information must Total estimated cost: $321,878,589 All comments received will be be submitted to the EPA to establish a (per year). There are no annualized included in the public docket without no-discharge zone (NDZ) for vessel capital or operation & maintenance change including any personal sewage in state waters. No-discharge costs. information provided, unless the zones can be established to provide Changes in Estimates: There is a comment includes profanity, threats, greater environmental protection of decrease of 429,890 hours per year for information claimed to be Confidential specified state waters from treated and the estimated respondent burden Business Information, or other untreated vessel sewage. This ICR compared with the ICR currently information whose disclosure is addresses the information requirements approved by OMB. This decrease is due restricted by statute. associated with the establishment of to updated estimates of the number of FOR FURTHER INFORMATION CONTACT: sources and permits subject to the part NDZs for vessel sewage. The Virginia Fox-Norse, Oceans, Wetlands information collection activities 70 program, rather than any change in and Communities Division, Office of federal mandates. discussed in this ICR do not require the Wetlands, Oceans and Watersheds, submission of any confidential Dated: August 29, 2018. (4504T), Environmental Protection information. Anna Marie Wood, Agency, 1200 Pennsylvania Ave. NW, (B) Uniform National Discharge Director, Air Quality Policy Division. Washington, DC 20460; telephone Standards (UNDS) No-Discharge Zones number: 202–566–1266; fax number: [FR Doc. 2018–19771 Filed 9–10–18; 8:45 am] and Discharge Determination or 202–566–1337; email address: fox- BILLING CODE 6560–50–P Standard Review: CWA section [email protected]. 312(n)(7) and the implementing SUPPLEMENTARY INFORMATION: regulations in 40 CFR part 1700 provide ENVIRONMENTAL PROTECTION Supporting documents which explain in that information should be submitted to AGENCY detail the information that the EPA will the EPA to establish a no-discharge zone be collecting are available in the public in state waters for a particular discharge [EPA–HQ–OW–2008–0150; FRL–9983–56– docket for this ICR. The docket can be OW] from a vessel of the Armed Forces. In viewed online at www.regulations.gov addition, CWA section 312(n)(5) Proposed Information Collection or in person at the EPA Docket Center, provides that that the Governor of any Request; Comment Request; WJC West, Room 3334, 1301 state may petition the EPA and the DoD Establishing No-Discharge Zones Constitution Ave. NW, Washington, DC. to review any discharge determination (NDZs) Under Clean Water Act Section The telephone number for the Docket or standard promulgated under CWA 312 (Renewal) Center is 202–566–1744. For additional section 312 for vessels of the Armed information about the EPA’s public forces if there is significant new AGENCY: Environmental Protection docket, visit http://www.epa.gov/ information that could reasonably result Agency (EPA). dockets. in a change to the discharge ACTION: Notice. Pursuant to section 3506(c)(2)(A) of determination or standard. This ICR the PRA, the EPA solicits comments and addresses the information requirements SUMMARY: The Environmental Protection information to enable it to: (i) Evaluate associated with the establishment of an Agency plans to submit an information whether the proposed collection of UNDS NDZ for a particular discharge collection request (ICR), ‘‘Establishing information is necessary for the proper from a vessel of the Armed Forces in No-Discharge Zones (NDZs) Under performance of the functions of the addition to the information Clean Water Act section 312 (Renewal)’’ Agency, including whether the requirements associated with a request (EPA ICR No. 1791.08, OMB Control No. information will have practical utility; to the EPA and DoD to review a 2040–0187) to the Office of Management (ii) evaluate the accuracy of the discharge determination or standard. and Budget (OMB) for review and Agency’s estimate of the burden of the UNDS NDZs for a particular discharge approval in accordance with the proposed collection of information, from a vessel of the Armed Forces Paperwork Reduction Act (PRA). Before including the validity of the cannot be requested or established until doing so, the EPA solicits public methodology and assumptions used; after the EPA and DoD promulgate comments on specific aspects of the (iii) enhance the quality, utility, and vessel discharge performance standards proposed information collection as clarity of the information to be for marine pollution control devices for described below. This is a proposed collected; and, (iv) minimize the burden that particular discharge and DoD

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promulgates the corresponding the List of Regulated Substances under functions of the Agency, including regulations governing the design, section 112(r) of the Clean Air Act whether the information will have construction, installation and use of (CAA)’’, EPA ICR No. 1656.16, OMB practical utility; (ii) evaluate the marine pollution control devices for that Control No. 2050–0144 to the Office of accuracy of the Agency’s estimate of the particular discharge. The information Management and Budget (OMB) for burden of the proposed collection of collection activities discussed in this review and approval in accordance with information, including the validity of ICR do not require the submission of the Paperwork Reduction Act. Before the methodology and assumptions used; any confidential information. doing so, EPA is soliciting public (iii) enhance the quality, utility, and Form numbers: None. comments on specific aspects of the clarity of the information to be Respondents/affected entities: States. proposed information collection as collected; and (iv) minimize the burden Respondent’s obligation to respond: described below. This is a proposed of the collection of information on those The responses to this collection of extension of the ICR, which is currently who are to respond, including through information are required to obtain the approved through January 31, 2019. An the use of appropriate automated benefit of a sewage NDZ (CWA section Agency may not conduct or sponsor and electronic, mechanical, or other 312(f)). The responses to this collection a person is not required to respond to technological collection techniques or of information are required to obtain the a collection of information unless it other forms of information technology, benefit of an UNDS NDZ or a review of displays a currently valid OMB control e.g., permitting electronic submission of an UNDS discharge determination or number. responses. EPA will consider the standard (CWA section 312(n)). DATES: Comments must be submitted on comments received and amend the ICR Estimated number of respondents: 16 or before November 13, 2018. as appropriate. The final ICR package (total). ADDRESSES: Submit your comments, will then be submitted to OMB for Frequency of response: One time. referencing Docket ID No. EPA–HQ– review and approval. At that time, EPA Total estimated burden: 1,083 hours OAR–2003–0052, online using will issue another Federal Register (per year). Burden is defined at 5 CFR www.regulations.gov (our preferred notice to announce the submission of 1320.03(b). method), by email to superfund.docket@ the ICR to OMB and the opportunity to Total estimated cost: $54,938 (per epa.gov or by mail to: EPA Docket submit additional comments to OMB. year), includes $998 annualized capital Center, Environmental Protection Abstract: The authority for these or operation & maintenance costs. Agency, Mail Code 28221T, 1200 requirements is section 112(r) of the Changes in estimates: It is anticipated Pennsylvania Ave. NW, Washington, DC 1990 CAA Amendments, which that the burden hours will stay the same 20460, and (2) OMB via email to oira_ provides for the prevention and as the current estimate or decrease due [email protected]. Address mitigation of accidental releases. to changes in respondent universe when comments to OMB Desk Officer for EPA. Section 112(r) mandates that EPA we revise them for this ICR extension. EPA’s policy is that all comments promulgate a list of ‘‘regulated Cost estimates will likely remain the received will be included in the public substances’’ with threshold quantities same or rise at the time of revision docket without change including any and establish procedures for the because of changes in the state and personal information provided, unless addition and deletion of substances federal labor costs. the comment includes profanity, threats, from the list of regulated substances. information claimed to be Confidential Processes at stationary sources that Dated: August 31, 2018. contain more than a threshold quantity John Goodin, Business Information (CBI) or other information whose disclosure is of a regulated substance are subject to Acting Director, Office of Wetlands, Oceans restricted by statute. accidental release prevention and Watersheds. regulations promulgated under CAA FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–19763 Filed 9–10–18; 8:45 am] section 112(r)(7). These two rules are Wendy Hoffman, Office of Emergency BILLING CODE 6560–50–P codified as 40 CFR part 68. Management, Mail Code 5104A, Part 68 requires that sources with Environmental Protection Agency, 1200 more than a threshold quantity of a ENVIRONMENTAL PROTECTION Pennsylvania Ave. NW, Washington, DC regulated substance in a process AGENCY 20460; telephone number: (202) 564– develop and implement a risk 8794; fax number: (202) 564–2625; management program and submit a risk [EPA–HQ–OAR–2003–0052; FRL—9982–93– email address: [email protected]. OLEM] management plan (RMP) to EPA. EPA SUPPLEMENTARY INFORMATION: uses RMPs to conduct oversight of Proposed Information Collection Supporting documents which explain in regulated sources, and to communicate Request; Comment Request; Risk detail the information that the EPA will information concerning them to federal, Management Program Requirements be collecting are available in the public state, and local agencies and the public, and Petitions To Modify the List of docket for this ICR. The docket can be as appropriate. Regulated Substances Under Section viewed online at www.regulations.gov The compliance schedule for the part 112(r) of the Clean Air Act (CAA); EPA or in person at the EPA Docket Center, 68 requirements was established by rule ICR Number 1656.16, OMB Control WJC West, Room 3334, 1301 on June 20, 1996. The burden to sources Number 2050–0114 Constitution Ave. NW, Washington, DC. that are currently covered by part 68, for The telephone number for the Docket initial rule compliance, including rule AGENCY: Environmental Protection Center is 202–566–1744. For additional familiarization and program Agency (EPA). information about EPA’s public docket, implementation was accounted for in ACTION: Notice. visit http://www.epa.gov/dockets. previous ICRs. Sources submitted their Pursuant to section 3506(c)(2)(A) of first RMPs by June 21, 1999. For most SUMMARY: The Environmental Protection the PRA, EPA is soliciting comments sources, the next compliance deadlines Agency (EPA) is planning to submit an and information to enable it to: (i) occurred (and will occur) thereafter at information collection request (ICR), Evaluate whether the proposed five-year intervals—in 2004, 2009, 2014 ‘‘Risk Management Program collection of information is necessary and 2019. Therefore, resubmissions tend Requirements and Petitions to Modify for the proper performance of the to occur in ‘‘waves’’ peaking each fifth

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year. A source submitting an RMP operation maintenance costs. This figure Byproducts, Chemical and update to comply with its five-year will be updated with most recent Radionuclides Rules Renewal compliance deadline will often submit available wage rates from BLS and to Information Collection Request (ICR), its updated RMP several days or weeks account for any changes in O&M costs, EPA ICR No. 1896.11, OMB Control No. early to ensure it is received by EPA burden and number of respondents. 2040–0204, which expires on August before its deadline, and other sources Changes in estimates: The above 31, 2019. The EPA is soliciting public revised and resubmitted their RMPs burden estimates are based on the comments on specific aspects of the between the five-year deadlines because current approved ICR. In the final notice proposed information collections as of changes occurring at the source that for the renewed ICR, EPA will publish described in this renewal notice. An triggered an earlier resubmission. These revised burden estimates based on Agency may not conduct or sponsor and sources were then assigned a new five- updates to respondent data and unit a person is not required to respond to year compliance deadline based on the costs. The revised burden estimates may a collection of information unless it date of their most recent revised plan increase from the current ICR, because displays a currently valid OMB control submission. However, because most the new ICR period will include a five- number. sources are not required to resubmit year reporting cycle year, whereas the DATES: Comments must be submitted on earlier than their five-year compliance current approved ICR period did not or before November 13, 2018. deadline, the next RMP submission include a five-year reporting cycle year. ADDRESSES: Submit your comments, deadline for most sources occurs in Any change in burden will be described referencing the Docket ID numbers 2019. The remaining sources have been and explained in this section when the provided for each item in the text, assigned a different deadline in 2020, updated ICR Supporting Statement is online using www.regulations.gov (our 2021, 2022 or 2023, based on the date completed during the 60-day OMB preferred method), by email OW- of their most recent submission. Only review period. [email protected], or by mail to: EPA the first three years are within the Dated: August 20, 2018. Docket Center, Environmental period covered by this ICR. Protection Agency, Mail Code 28221T, In this ICR, EPA has accounted for Reggie Cheatham, Director, Office of Emergency Management. 1200 Pennsylvania Ave. NW, burden for new sources that may Washington, DC 20460. become subject to the regulations, [FR Doc. 2018–19770 Filed 9–10–18; 8:45 am] The EPA’s policy is that all comments currently covered sources with BILLING CODE 6560–50–P received will be included in the public compliance deadlines in this ICR period docket without change including any (2019 to 2021), sources that are out of personal information provided, unless ENVIRONMENTAL PROTECTION compliance since the last regulatory the comment includes profanity, threats, AGENCY deadline but are expected to comply information claimed to be Confidential during this ICR period, and sources that [EPA–HQ–OW–2011–0439; EPA–HQ–OW– Business Information (CBI) or other have deadlines beyond this ICR period 2011–0442; EPA–HQ–OW–2011–0443; FRL– information whose disclosure is but are required to comply with certain 9983–54–OW] restricted by statute. prevention program documentation FOR FURTHER INFORMATION CONTACT: Proposed Information Collection requirements during this ICR period. Kevin Roland, Drinking Water Form Numbers: Risk Management Requests; Comment Request: Protection Division, Office of Ground Plan Form: EPA Form 8700–25; CBI Microbial Rules Renewal Information Water and Drinking Water, (4606M), Substantiation Form: EPA Form 8700– Collection Request; Public Water Environmental Protection Agency, 1200 27; CBI Unsanitized Data Element Form: System Supervision Program Renewal Pennsylvania Ave. NW, Washington, DC EPA Form 8700–28. Information Collection Request; 20460; telephone number: 202–564– Respondents/affected entities: Entities Disinfectants/Disinfection Byproducts, 4588: fax number: 202–564–3755; email potentially affected by this action are Chemical and Radionuclides Rules address: [email protected]. chemical manufacturers, petroleum Renewal Information Collection refineries, water treatment systems, Request SUPPLEMENTARY INFORMATION: agricultural chemical distributors, Supporting documents which explain in refrigerated warehouses, chemical AGENCY: Environmental Protection detail the information that the EPA will distributors, non-chemical Agency (EPA). be collecting are available in the public manufacturers, wholesale fuel ACTION: Notice. dockets for these ICRs. The dockets can distributors, energy generation facilities, be viewed online at etc. SUMMARY: The U.S. Environmental www.regulations.gov or in person at the Respondent’s obligation to respond: Protection Agency (EPA) will be EPA Docket Center, WJC West, Room Mandatory (40 CFR part 68). submitting renewals of information 3334, 1301 Constitution Ave. NW, Estimated number of respondents: collection requests (ICRs) to the Office Washington, DC. The telephone number 12,500 (total). This figure will be of Management and Budget (OMB) for for the Docket Center is 202–566–1744. updated as needed during the 60-day review and approval in accordance with For additional information about the OMB review period. the Paperwork Reduction Act (PRA) (44 EPA’s public docket, visit http:// Frequency of response: Sources must U.S.C. 3501 et seq.). The ICRs included www.epa.gov/dockets. resubmit RMPs at least every five years in this renewal are the Microbial Rules Pursuant to section 3506(c)(2)(A) of and update certain on-site Renewal Information Collection the PRA, the EPA is soliciting comments documentation more frequently. Request, EPA ICR No. 1895.10, OMB and information to enable it to: (i) Total estimated burden: 80,546 hours Control No. 2040–0205, which expires Evaluate whether the proposed (per year). This figure will be updated on April 30, 2019; the Public Water collection of information is necessary as needed during the 60-day OMB System Supervision Program Renewal for the proper performance of the review period. Burden is defined at 5 Information Collection Request, EPA functions of the Agency, including CFR 1320.03(b). ICR No. 0270–47, OMB Control No. whether the information will have Total estimated cost: $6,736,212 (per 2040–0090, which expires on March 31, practical utility; (ii) evaluate the year), includes $0 annualized capital or 2019; and the Disinfectants/Disinfection accuracy of the Agency’s estimate of the

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burden of the proposed collection of Total estimated cost: $652,507,000 annualized capital or operation and information, including the validity of (per year), includes $110,017,000 maintenance costs. the methodology and assumptions used; annualized capital or operation and Changes in estimates: There is an (iii) enhance the quality, utility, and maintenance costs. expected decrease of hours in the total clarity of the information to be Changes in estimates: There is no estimated respondent burden compared collected; and (iv) minimize the burden estimated increase or decrease of hours to what was identified in the ICR of the collection of information on those in the total estimated respondent currently approved by OMB, due to use who are to respond, including through burden compared to what was identified of centralized software for data entry the use of appropriate automated in the ICR currently approved by OMB. and rule compliance calculations. The electronic, mechanical, or other Public Water System Supervision updated, estimated burden will be technological collection techniques or Program Renewal Information incorporated into a revised supporting other forms of information technology, Collection Request (EPA ICR No. statement (which will be available in e.g., permitting electronic submission of 0270.47, EPA–HQ–OW–2011–0443) the docket) and in a second Federal responses. The EPA will consider the Register document (for public comment) comments received and amend the ICRs Abstract: The Public Water System at a later date, to be determined, before as appropriate. The final ICR packages Supervision (PWSS) Program Renewal the ICR package is sent to OMB for will then be submitted to OMB for ICR examines the burden to public approval. review and approval. At that time, the water systems, primacy agencies, and EPA will issue another Federal Register tribal operator certification providers The Disinfectants/Disinfection document to announce the submission and costs for ‘‘cross-cutting’’ Byproducts, Chemical and of the ICRs to OMB and the opportunity recordkeeping and reporting Radionuclides Rules Renewal to submit additional comments to OMB. requirements (i.e., the burden and costs Information Collection Request (EPA for complying with drinking water ICR No. 1896.11, EPA–HQ–OW–2011– Microbial Rules Renewal Information information requirements that are not 0439) Collection Request (EPA ICR No. associated with contaminant-specific Abstract: The Disinfectants/ 1895.10, EPA–HQ–OW–2011–0442) rulemakings). The following activities Disinfection Byproducts, Chemical and Abstract: The Microbial Rules have recordkeeping and reporting Radionuclides Rules ICR examines Renewal ICR examines public water requirements that are mandatory for burden to public water systems and system and primacy agency burden and compliance with 40 CFR parts 141 and primacy agencies and costs for costs for recordkeeping and reporting 142: the Consumer Confidence Report recordkeeping and reporting requirements in support of the microbial Rule (CCRs), the Variance and requirements in support of the chemical drinking water regulations. These Exemption Rule (V/E Rule), General drinking water regulations. These recordkeeping and reporting State Primacy Activities, the Public recordkeeping and reporting requirements are mandatory for Notification Rule (PN), and Proficiency requirements are mandatory for compliance with 40 CFR parts 141 and Testing Studies for Drinking Water compliance with 40 CFR parts 141 and 142. The following microbial Laboratories. The information collection 142. The following chemical regulations regulations are included: The Surface activities for both the Operator are included: The Stage 1 Disinfectants/ Water Treatment Rule (SWTR), the Total Certification and the Capacity Disinfection Byproducts Rule (Stage 1 Coliform Rule (TCR), the Revised Total Development Program are driven by the DBPR), the Stage 2 Disinfectants and Coliform Rule (RTCR), the Interim grant withholding and reporting Disinfection Byproducts Rule (Stage 2 Enhanced Surface Water Treatment Rule provisions under Sections 1419 and DBPR), the Chemical Phase Rules (IESWTR), the Filter Backwash 1420, respectively, of the Safe Drinking (Phases II/IIB/V), the Radionuclides Recycling Rule (FBRR), the Long Term Water Act. Although the Tribal Operator Rule, the Total Trihalomethanes 1 Enhanced Surface Water Treatment Certification Program is voluntary, the (TTHM) Rule, Disinfectant Residual Rule (LT1ESWTR), the Long Term 2 information collection is driven by grant Monitoring and Associated Activities Enhanced Surface Water Treatment Rule eligibility requirements outlined in the under the Surface Water Treatment Rule (LT2ESWTR), the Ground Water Rule Drinking Water Infrastructure Grant (SWTR), the Arsenic Rule, the Lead and (GWR) and the Aircraft Drinking Water Tribal Set-Aside Program Final Copper Rule (LCR), and the Lead and Rule (ADWR). Future microbial-related Guidelines and the Tribal Drinking Copper Rule Short Term Revisions Rule. rulemakings will be added to this Water Operator Certification Program Future chemical-related rulemakings consolidated ICR after the regulations Guidelines. are promulgated and the initial, rule- Form numbers: None. will be added to this consolidated ICR specific, ICRs are due to expire. Respondents/affected entities: Entities after the regulations are promulgated Form numbers: None. potentially affected by this action are and the initial, rule-specific, ICRs are Respondents/affected entities: Entities new and existing public water systems due to expire. potentially affected by this action are and primacy agencies. Form numbers: None. public water systems and primacy Respondent’s obligation to respond: Respondents/affected entities: Entities agencies. Mandatory for compliance with 40 CFR potentially affected by this action are Respondent’s obligation to respond: parts 141 and 142. new and existing public water systems Mandatory for compliance with 40 CFR Estimated number of respondents: primacy agencies. parts 141 and 142. 151,724 (total). Respondent’s obligation to respond: Estimated number of respondents: Frequency of response: Varies by Mandatory for compliance with 40 CFR 149,864 (total). requirement (i.e., on occasion, monthly, parts 141 and 142. Frequency of response: Varies by quarterly, semi-annually, and annually). requirement (i.e., on occasion, monthly, Total estimated burden: 3,769,213 Estimated number of respondents: quarterly, semi-annually, and annually). hours (per year). Burden is defined at 5 149,822 (total). Total estimated burden: 14,683,598 CFR 1320.03(b). Frequency of response: Varies by hours (per year). Burden is defined at 5 Total estimated cost: $187,603,000 requirement (i.e., on occasion, monthly, CFR 1320.03(b). (per year), includes $42,103,000 quarterly, semi-annually, and annually).

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Total estimated burden: 5,305,696 information whose disclosure is will then be submitted to OMB for hours (per year). Burden is defined at 5 restricted by statute. Multimedia review and approval. At that time, the CFR 1320.03(b). submissions (audio, video, etc.) must be EPA will issue another Federal Register Total estimated cost: $464,896,000 accompanied by a written comment. notice to announce the submission of (per year), includes $258,937,000 The written comment is considered the the ICR to OMB and the opportunity to annualized capital or operation and official comment and should include submit additional comments to OMB. maintenance costs. discussion of all points you wish to Abstract: Title V of the Clean Air Act Changes in estimates: There is no make. The EPA will generally not (Act) requires the EPA to operate a estimated increase or decrease of hours consider comments or comment federal operating permits program in in the total estimated respondent contents located outside of the primary areas not subject to an approved state burden compared to what was identified submission (i.e., on the web, cloud, or program. The EPA regulations setting in the ICR currently approved by OMB. other file sharing system). For forth the requirements for the federal Dated: August 31, 2018. additional submission methods, the full (EPA) operating permit program are at 40 CFR part 71. The part 71 program is Peter Grevatt, EPA public comment policy, information about CBI or multimedia designed to be implemented primarily Director, Office of Ground Water and Drinking by the EPA in all areas where state and Water. submissions, and general guidance on making effective comments, please visit local agencies do not have jurisdiction, [FR Doc. 2018–19761 Filed 9–10–18; 8:45 am] https://www.epa.gov/dockets/ such as Indian country and offshore, BILLING CODE 6560–50–P commenting-epa-dockets. beyond states’ seaward boundaries. The FOR FURTHER INFORMATION CONTACT: EPA may also delegate authority to Joanna W. Gmyr, Air Quality Policy implement the part 71 program on its ENVIRONMENTAL PROTECTION behalf to a state, local or tribal agency, AGENCY Division, Office of Air Quality Planning and Standards, C504–05, U.S. if the agency requests delegation and [EPA–HQ–OAR–2004–0016; FRL–9983–61– Environmental Protection Agency, makes certain showings regarding its OAR] Research Triangle Park, NC; telephone authority and ability to implement the program. One such delegate agency for number: (919) 541–9782; fax number: Proposed Information Collection the part 71 program exists at present. (919) 541–5509; email address: Request; Comment Request; Part 71 In order to receive an operating Federal Operating Permit Program [email protected]. permit for a major or other source (Renewal) SUPPLEMENTARY INFORMATION: subject to the permitting program, the Supporting documents which explain in applicant must conduct the necessary AGENCY: Environmental Protection detail the information that the EPA will research, perform the appropriate Agency (EPA). be collecting are available in the public analyses, and prepare the permit ACTION: Notice. docket for this ICR. The docket can be application with documentation to viewed online at www.regulations.gov demonstrate that its facility meets all SUMMARY: The Environmental Protection or in person at the EPA Docket Center, Agency (EPA) is planning to submit an applicable statutory and regulatory WJC West, Room 3334, 1301 requirements. Specific activities and information collection request (ICR), Constitution Avenue NW, Washington, ‘‘Part 71 Federal Operating Permit requirements are listed and described in DC. The telephone number for the the Supporting Statement for the part 71 Program (Renewal)’’ (EPA ICR No. Docket Center is (202) 566–1744. For 1713.12, OMB Control No. 2060.0336) to ICR. additional information about the EPA’s Under part 71, the permitting the Office of Management and Budget public docket, visit http://www.epa.gov/ authority (the EPA or a delegate agency) (OMB) for review and approval in dockets. reviews permit applications, provides accordance with the Paperwork Pursuant to section 3506(c)(2)(A) of for public review of proposed permits, Reduction Act (PRA). Before doing so, the PRA, the EPA is soliciting comments issues permits based on consideration of the EPA is soliciting public comments and information to enable it to: (i) all technical factors and public input, on specific aspects of the proposed Evaluate whether the proposed and reviews information submittals information collection as described collection of information is necessary required of sources during the term of below. This is a proposed extension of for the proper performance of the the permit. Under part 71, the EPA the ICR, which is currently approved functions of the agency, including reviews certain actions and performs through May 31, 2019. An agency may whether the information will have oversight of any delegate agency, not conduct or sponsor and a person is practical utility; (ii) evaluate the consistent with the terms of a delegation not required to respond to a collection accuracy of the agency’s estimate of the agreement. Consequently, information of information unless it displays a burden of the proposed collection of prepared and submitted by sources is currently valid OMB control number. information, including the validity of essential for sources to receive permits, DATES: Comments must be submitted on the methodology and assumptions used; and for federal and tribal permitting or before November 13, 2018. (iii) enhance the quality, utility, and agencies to adequately review the ADDRESSES: Submit your comments, clarity of the information to be permit applications and issue the identified by Docket ID No. EPA–HQ– collected; and (iv) minimize the burden permits, oversee implementation of the OAR–2004–0016, at http:// of the collection of information on those permits, and properly administer and www.regulations.gov. Follow the online who are to respond, including through manage the program. instructions for submitting comments. the use of appropriate automated Information that is collected is Once submitted, comments cannot be electronic, mechanical, or other handled according to the EPA’s policies edited or removed from Regulations.gov. technological collection techniques or set forth in title 40, chapter 1, part 2, The EPA may publish any comment other forms of information technology, subpart B—Confidentiality of Business received to its public docket. Do not e.g., permitting electronic submission of Information (see 40 CFR part 2). See also submit electronically any information responses. The EPA will consider the section 114(c) of the Act. you consider to be Confidential comments received and amend the ICR Form Numbers: The forms are 5900– Business Information (CBI) or other as appropriate. The final ICR package 01, 5900–02, 5900–03, 5900–04, 5900–

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05, 5900–06, 5900–79, 5900–80, 5900– the proposed settlement if comments imposed undue and unreasonable 81, 5900–82, 5900–83, 5900–84, 5900– received disclose facts or considerations prejudice or disadvantage . . .’’; and 85 and 5900–86. which indicate that the proposed c. ‘‘. . . Section 41104 (10) of the Respondents/affected entities: settlement is inappropriate, improper, Shipping Act in that, such Respondent Industrial plants (sources) and tribal or inadequate. unreasonably refused to deal or permitting authorities. ADDRESSES: Copies of the settlement are negotiate . . .’’ Respondent’s obligation to respond: available from the Agency by contacting Complainant seeks reparations and Mandatory (see 40 CFR part 71). Ms. Paula V. Painter, Program Analyst, other relief. The full text of the Estimated number of respondents: 94 using the contact information provided complaint can be found in the (total); 93 industry sources and one in this notice. Comments may also be Commission’s Electronic Reading Room tribal delegate permitting authority (the submitted by referencing the Site’s at www.fmc.gov/18–07/. This EPA serves as a permitting authority but name through one of the following proceeding has been assigned to the is not a respondent). methods: Office of Administrative Law Judges. Frequency of response: On occasion. Internet: https://www.epa.gov/ The initial decision of the presiding Total estimated burden: 22,702 hours aboutepa/about-epa-region-4- officer in this proceeding shall be issued (per year). Burden is defined at 5 CFR southeast#r4-public-notices. by September 6, 2019, and the final 1320.03(b). • U.S. Mail: U.S. Environmental decision of the Commission shall be Total estimated cost: $1,587,810 (per Protection Agency, Superfund Division, issued by March 20, 2020. year). There are no annualized capital or Attn: Paula V. Painter, 61 Forsyth Street operation & maintenance costs. Rachel E. Dickon, SW, Atlanta, Georgia 30303. Secretary. Changes in Estimates: There is a • Email: [email protected]. decrease of 2,998 hours per year for the [FR Doc. 2018–19638 Filed 9–10–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: estimated respondent burden compared BILLING CODE 6731–AA–P Paula V. Painter at 404/562–8887. with the ICR currently approved by OMB. This decrease is due to updated Dated: July 30, 2018. estimates of the number of sources and Greg Armstrong, FEDERAL RESERVE SYSTEM permits subject to the part 71 program, Acting Chief, Enforcement and Community rather than any change in federal Engagement Branch, Superfund Division. Notice of Proposals To Engage in or mandates. [FR Doc. 2018–19768 Filed 9–10–18; 8:45 am] To Acquire Companies Engaged in Permissible Nonbanking Activities Dated: August 29, 2018. BILLING CODE 6560–50–P Anna Marie Wood, The companies listed in this notice Director, Air Quality Policy Division. have given notice under section 4 of the [FR Doc. 2018–19786 Filed 9–10–18; 8:45 am] FEDERAL MARITIME COMMISSION Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 BILLING CODE 6560–50–P [Docket No. 18–07] CFR part 225) to engage de novo, or to Marine Transport Logistics, Inc. v. acquire or control voting securities or ENVIRONMENTAL PROTECTION CMA–CGM (America), LLC; Notice of assets of a company, including the AGENCY Filing of Complaint and Assignment companies listed below, that engages either directly or through a subsidiary or [CERCLA–04–2018–3755; FRL–9983–48— Notice is given that a complaint has other company, in a nonbanking activity Region 4] been filed with the Federal Maritime that is listed in § 225.28 of Regulation Y J.J. Seifert Machine Shop Superfund Commission (Commission) by Marine (12 CFR 225.28) or that the Board has Site, Sun City, Hillsborough County, Transport Logistics, Inc., hereinafter determined by Order to be closely Florida; Notice of Settlement ‘‘Complainant’’, against CMA–CGM related to banking and permissible for (America), LLC, hereinafter bank holding companies. Unless AGENCY: Environmental Protection ‘‘Respondent’’. Complainant states that otherwise noted, these activities will be Agency (EPA). it is a Non-Vessel Operating Common conducted throughout the United States. ACTION: Notice of settlement. Carrier (NVOCC) located in Bayonne, Each notice is available for inspection New Jersey and is licensed with the at the Federal Reserve Bank indicated. SUMMARY: Under 122(h) of the Commission. Complainant asserts that The notice also will be available for Comprehensive Environmental Respondent is a Vessel Operating inspection at the offices of the Board of Response, Compensation and Liability Common Carrier (VOCC) located in East Governors. Interested persons may Act (CERCLA), the United States Rutherford, New Jersey. express their views in writing on the Environmental Protection Agency has Complainant states that Respondent question whether the proposal complies entered into a settlement concerning the was contracted to ship nine containers with the standards of section 4 of the J.J. Seifert Machine Shop Superfund Site of cars to Yemen in December 2017 and BHC Act. located in Sun City, Hillsborough those containers were not delivered. Unless otherwise noted, comments County, Florida with the following Specifically, Complainant alleges that regarding the applications must be parties: U B Corp, the Robert J. the Respondent violated: received at the Reserve Bank indicated Upcavage Family Trust and Lawrence J. a. ‘‘. . . Section 41102(c) of the or the offices of the Board of Governors Bauer, Jr. The settlement addresses Shipping Act in that such respondent not later than September 25, 2018. recovery of CERCLA costs for a cleanup failed to establish, observe, and enforce A. Federal Reserve Bank of action performed by the EPA at the Site. just reasonable regulations and practices Minneapolis (Mark A. Rauzi, Vice DATES: The Agency will consider public relating to or connected with receiving, President), 90 Hennepin Avenue, comments on the settlement until handling, or delivering of property Minneapolis, Minnesota 55480–0291: October 11, 2018. The Agency will . . .’’; 1. FSB Holding Company, Inc., consider all comments received and b. ‘‘. . . Section 41104(9) of the Trimont, Minnesota; to engage de novo may modify or withdraw its consent to Shipping Act in that, such Respondent in extending credit and servicing loans,

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pursuant to section 225.28(b)(1) of Division (MVCB), 1800 F Street NW, report Government property in its Regulation Y. Washington, DC 20405. ATTN: Ms. possession that is excess to contract Board of Governors of the Federal Reserve Mandell/IC 9000–0075. performance. System, September 6, 2018. Instructions: Please submit comments (g) FAR 52.245–1(f)(1)(ix) requires Yao-Chin Chao, only and cite Information Collection contractors to disclose and report to the 9000–0075, in all correspondence Property Administrator the need for Assistant Secretary of the Board. related to this collection. Comments replacement and/or capital [FR Doc. 2018–19702 Filed 9–10–18; 8:45 am] received generally will be posted rehabilitation. BILLING CODE P without change to regulations.gov, (h) FAR 52.245–1(f)(1)(x) requires including any personal and/or business contractors to perform and report to the confidential information provided. To Property Administrator contract DEPARTMENT OF DEFENSE confirm receipt of your comment(s), property closeout. please check regulations.gov, (i) FAR 52.245–1(f)(2) requires GENERAL SERVICES approximately two-to-three business contractors to establish and maintain ADMINISTRATION days after submission to verify posting source data, particularly in the areas of (except allow 30 days for posting of recognition of acquisitions and NATIONAL AERONAUTICS AND comments submitted by mail). dispositions of material and equipment. SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Ms. (j) FAR 52.245–1(j)(2) requires [OMB Control No. 9000–0075; Docket No. Camara Francis, Procurement Analyst, contractors to submit inventory disposal 2018–0003; Sequence No. 12] Office of Acquisition Policy, GSA 202– schedules to the Plant Clearance Officer 550–0935 or email camara.francis@ via the Standard Form 1428, Inventory Information Collection; Government gsa.gov. Disposal Schedule. Property (k) FAR 52.245–9(d) requires a SUPPLEMENTARY INFORMATION: contractor to identify the property for AGENCY: Department of Defense (DOD), A. Purpose which rental is requested. General Services Administration (GSA), and National Aeronautics and Space Government property, as used in FAR B. Annual Reporting Burden Administration (NASA). Part 45, means all property owned or Number of Respondents: 11,375. ACTION: Notice of request for public leased by the Government. Government Responses per Respondent: 1,057. comments regarding an extension to an property includes both Government- Total Responses: 12,023,375. existing OMB clearance. furnished property and contractor- Average Burden Hours Per Response: acquired property. Government property .3092. SUMMARY: Under the provisions of the includes material, equipment, special Total Burden Hours: 3,717,627. tooling, special test equipment, and real Paperwork Reduction Act, the C. Public Comments Regulatory Secretariat Division will be property. Government property does not submitting to the Office of Management include intellectual property and Public comments are particularly and Budget (OMB) a request to review software. invited on: Whether this collection of and approve an extension of a This part prescribes policies and information is necessary for the proper previously approved information procedures for providing Government performance of functions of the Federal collection requirement concerning property to contractors; contractors’ Acquisition Regulations (FAR), and government property. management and use of Government whether it will have practical utility; property; and reporting, redistributing, whether our estimate of the public DATES: Submit comments on or before November 13, 2018. and disposing of contractor inventory. burden of this collection of information This clearance covers the following is accurate, and based on valid ADDRESSES: Submit comments regarding requirements: assumptions and methodology; ways to this burden estimate or any other aspect (a) FAR 52.245–1(f)(1)(ii) requires enhance the quality, utility, and clarity of this collection of information, contractors to document the receipt of of the information to be collected; and including suggestions for reducing this Government property. ways in which we can minimize the burden to: Office of Information and (b) FAR 52.245–1(f)(1)(ii)(A) requires burden of the collection of information Regulatory Affairs of OMB, Attention: contractors to submit report if overages, on those who are to respond, through Desk Officer for GSA, Room 10236, shortages, or damages and/or other the use of appropriate technological NEOB, Washington, DC 20503. discrepancies are discovered upon collection techniques or other forms of Additionally submit a copy to GSA by receipt of Government-furnished information technology. any of the following methods: property. • Obtaining Copies of Proposals: Regulations.gov: http:// (c) FAR 52.245–1(f)(1)(iii) requires Requesters may obtain a copy of the www.regulations.gov. contractors to create and maintain information collection documents from Submit comments via the Federal records of all Government property the General Services Administration, eRulemaking portal by searching for accountable to the contract. Regulatory Secretariat Division (MVCB), Information Collection 9000–0075— (d) FAR 52.245–1(f)(1)(iv) requires 1800 F Street NW, Washington, DC Government Property. Select the link contractors to periodically perform, 20006, telephone 202–501–4755. Please ‘‘Comment Now’’ that corresponds with record, and report physical inventories cite OMB Control No. 9000–0075, ‘‘Information Collection 9000–0075: during contract performance, including Government Property, in all Government Property’’. Follow the upon completion or termination of the correspondence. instructions provided on the screen. contract. Please include your name, company (e) FAR 52.245–1(f)(1)(vii)(B) requires William Clark, name (if any), and ‘‘Information contractors to investigate and report all Director, Office of Governmentwide Collection 9000–0075; Government incidents of Government property loss Acquisition Policy, Office of Acquisition Property’’ on your attached document. as soon as the facts become known. Policy, Office of Governmentwide Policy. • Mail: General Services (f) FAR 52.245–1(f)(1)(viii) requires [FR Doc. 2018–19671 Filed 9–10–18; 8:45 am] Administration, Regulatory Secretariat contractors to promptly disclose and BILLING CODE 6820–EP–P

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DEPARTMENT OF HEALTH AND classroom education, mental health Control; administration of prescribed HUMAN SERVICES services, and health care. Pursuant to medication and special diets; Exhibit 1, part A.2 of the Flores appropriate mental health interventions Administration for Children and Settlement Agreement (Jenny Lisette when necessary for each minor in their Families Flores, et al. v. Janet Reno, Attorney care. General of the United States, et al., Case The forms are to be used as [OMB No.: 0970–0466] No. CV 85–4544–RJK (C.D. Cal. 1996), worksheets for clinicians, medical staff, Submission for OMB Review; care provider facilities, on behalf of and health departments to compile Comment Request ORR, shall arrange for appropriate information that would otherwise have routine medical and dental care and been collected during the initial medical Title: Initial Medical Exam Form and emergency health care services, or dental exam. Once completed, the Initial Dental Exam Form. including a complete medical forms will be given to shelter staff for Description: The Administration for examination and screening for data entry into ORR’s secure, electronic Children and Families’ Office of Refugee infectious diseases within 48 hours of data repository known as ‘The UAC Resettlement (ORR) places admission, excluding weekends and Portal’. Data will be used to record UC unaccompanied minors in their custody holidays, unless the minor was recently health on admission and for case in licensed care provider facilities until examined at another facility; management of any identified illnesses/ reunification with a qualified sponsor. appropriate immunizations in conditions. Care provider facilities are required to accordance with the U.S. Public Health Respondents: Office of Refugee provide children with services such as Service (PHS), Center for Disease Resettlement Grantee staff.

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

Initial Medical Exam Form (including Appendix A: Supplemental TB Screen- ing Form) ...... 150 297 0.20 8,910 Initial Dental Exam Form ...... 150 30 0.07 315

Estimated Total Annual Burden Hours: 9,225.

ESTIMATED RESPONDENT BURDEN FOR RECORDKEEPING

Number of Average Instrument Number of responses per burden hours Total burden respondents respondent per response hours

Initial Medical Exam Form (including Appendix A: Supplemental TB Screen- ing Form) ...... 150 297 0.08 3,564 Initial Dental Exam Form ...... 150 30 0.08 360

Estimated Total Annual Burden: of Management and Budget, Paperwork DEPARTMENT OF HEALTH AND 3,924. Reduction Project, Email: OIRA_ HUMAN SERVICES Additional Information: Copies of the [email protected], Attn: proposed collection may be obtained by Desk Officer for the Administration for Food and Drug Administration writing to the Administration for Children and Families. Children and Families, Office of [Docket No. FDA–2018–N–3223] Robert Sargis, Planning, Research and Evaluation, 370 Joint Meeting of the Gastrointestinal L’Enfant Promenade SW, Washington, Reports Clearance Officer. Drugs Advisory Committee and the DC 20447, Attn: ACF Reports Clearance [FR Doc. 2018–19709 Filed 9–10–18; 8:45 am] Drug Safety and Risk Management Officer. All requests should be BILLING CODE 4184–45–P Advisory Committee; Notice of identified by the title of the information Meeting; Establishment of a Public collection. Email address: Docket; Request for Comments [email protected]. OMB Comment: OMB is required to AGENCY: Food and Drug Administration, make a decision concerning the HHS. collection of information between 30 ACTION: Notice; establishment of a and 60 days after publication of this public docket; request for comments. document in the Federal Register. Therefore, a comment is best assured of SUMMARY: The Food and Drug having its full effect if OMB receives it Administration (FDA) announces a within 30 days of publication. Written forthcoming public advisory committee comments and recommendations for the meeting of the Gastrointestinal Drugs proposed information collection should Advisory Committee and the Drug be sent directly to the following: Office Safety and Risk Management Advisory

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Committee. The general function of the such as medical information, your or If you do not wish your name and committees is to provide advice and anyone else’s Social Security number, or contact information be made publicly recommendations to FDA on regulatory confidential business information, such available, you can provide this issues. The meeting will be open to the as a manufacturing process. Please note information on the cover sheet and not public. FDA is establishing a docket for that if you include your name, contact in the body of your comments and you public comment on this document. information, or other information that must identify the information as DATES: The meeting will be held on identifies you in the body of your ‘‘confidential.’’ Any information marked October 17, 2018, from 8 a.m. to 5 p.m. comments, that information will be as ‘‘confidential’’ will not be disclosed posted on https://www.regulations.gov. ADDRESSES: Bethesda Marriott, 5151 except in accordance with 21 CFR 10.20 • If you want to submit a comment Pooks Hill Rd., the Grand Ballroom, and other applicable disclosure law. For with confidential information that you Bethesda, MD 20814. The conference more information about FDA’s posting do not wish to be made available to the center’s telephone number is 301–897– of comments to public dockets, see 80 public, submit the comment as a FR 56469, September 18, 2015, or access 9400. Answers to commonly asked written/paper submission and in the questions including information the information at: https://www.gpo.gov/ manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- regarding special accommodations due Submissions’’ and ‘‘Instructions’’). to a disability, visitor parking, and 23389.pdf. transportation may be accessed at: Written/Paper Submissions Docket: For access to the docket to https://www.fda.gov/ Submit written/paper submissions as read background documents or the AdvisoryCommittees/ follows: electronic and written/paper comments AboutAdvisoryCommittees/ • Mail/Hand delivery/Courier (for received, go to https:// ucm408555.htm. Information about the written/paper submissions): Dockets www.regulations.gov and insert the Bethesda Marriott can be accessed at: Management Staff (HFA–305), Food and docket number, found in brackets in the https://www.marriott.com/hotels/travel/ Drug Administration, 5630 Fishers heading of this document, into the wasbt-bethesda-marriott/. Lane, Rm. 1061, Rockville, MD 20852. ‘‘Search’’ box and follow the prompts FDA is establishing a docket for • For written/paper comments and/or go to the Dockets Management public comment on this meeting. The submitted to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, docket number is FDA–2018–N–3223. Staff, FDA will post your comment, as Rockville, MD 20852. The docket will close on October 16, well as any attachments, except for FOR FURTHER INFORMATION CONTACT: Jay 2018. Submit either electronic or information submitted, marked and R. Fajiculay, Center for Drug Evaluation written comments on this public identified, as confidential, if submitted and Research, Food and Drug meeting by October 16, 2018. Please as detailed in ‘‘Instructions.’’ Administration, 10903 New Hampshire note that late, untimely filed comments Instructions: All submissions received Ave., Bldg. 31, Rm. 2417, Silver Spring, will not be considered. Electronic must include the Docket No. FDA– MD 20993–0002, 301–796–9001, Fax: comments must be submitted on or 2018–N–3223 for ‘‘Joint Meeting of the 301–847–8533, email: GIDAC@ before October 16, 2018. The https:// Gastrointestinal Drugs Advisory fda.hhs.gov, or FDA Advisory www.regulations.gov electronic filing Committee and the Drug Safety and Risk Committee Information Line, 1–800– system will accept comments until Management Advisory Committee; 741–8138 (301–443–0572 in the midnight Eastern Time at the end of Notice of Meeting; Establishment of a Washington, DC area). A notice in the October 16, 2018. Comments received Public Docket; Request for Comments.’’ Federal Register about last minute by mail/hand delivery/courier (for Received comments, those filed in a modifications that impact a previously written/paper submissions) will be timely manner (see the ADDRESSES announced advisory committee meeting considered timely if they are section), will be placed in the docket cannot always be published quickly postmarked or the delivery service and, except for those submitted as enough to provide timely notice. acceptance receipt is on or before that ‘‘Confidential Submissions,’’ publicly Therefore, you should always check the date. viewable at https://www.regulations.gov FDA’s website at https://www.fda.gov/ Comments received on or before or at the Dockets Management Staff AdvisoryCommittees/default.htm and October 9, 2018, will be provided to the between 9 a.m. and 4 p.m., Monday scroll down to the appropriate advisory committees. Comments received after through Friday. • committee meeting link, or call the that date will be taken into Confidential Submissions—To advisory committee information line to consideration by FDA. submit a comment with confidential learn about possible modifications You may submit comments as information that you do not wish to be before coming to the meeting. follows: made publicly available, submit your comments only as a written/paper SUPPLEMENTARY INFORMATION: Electronic Submissions submission. You should submit two Agenda: The committees will discuss Submit electronic comments in the copies total. One copy will include the supplemental new drug application following way: information you claim to be confidential (sNDA) 021200, supplement 015, for • Federal eRulemaking Portal: with a heading or cover note that states ZELNORM (tegaserod maleate) tablets https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS for oral administration, submitted by instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ FDA Sloan Pharma S.a`.r.l, Bertrange, Cham Comments submitted electronically, will review this copy, including the Branch, proposed for the treatment of including attachments, to https:// claimed confidential information, in its women with irritable bowel syndrome www.regulations.gov will be posted to consideration of comments. The second with constipation who do not have a the docket unchanged. Because your copy, which will have the claimed history of cardiovascular ischemic comment will be made public, you are confidential information redacted/ disease, such as myocardial infarction, solely responsible for ensuring that your blacked out, will be available for public stroke, transient ischemic attack, or comment does not include any viewing and posted on https:// angina, and who do not have more than confidential information that you or a www.regulations.gov. Submit both one risk factor for cardiovascular third party may not wish to be posted, copies to the Dockets Management Staff. disease.

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FDA intends to make background public conduct during advisory system will accept comments until material available to the public no later committee meetings. midnight Eastern Time at the end of than 2 business days before the meeting. Notice of this meeting is given under October 16, 2018. Comments received If FDA is unable to post the background the Federal Advisory Committee Act (5 by mail/hand delivery/courier (for material on its website prior to the U.S.C. app. 2). written/paper submissions) will be meeting, the background material will Dated: September 4, 2018. considered timely if they are be made publicly available at the Leslie Kux, postmarked or the delivery service location of the advisory committee Associate Commissioner for Policy. acceptance receipt is on or before that meeting, and the background material date. will be posted on FDA’s website after [FR Doc. 2018–19669 Filed 9–10–18; 8:45 am] Comments received on or before the meeting. Background material is BILLING CODE 4164–01–P October 9, 2018, will be provided to the available at https://www.fda.gov/ committee. Comments received after AdvisoryCommittees/Calendar/ that date will be taken into DEPARTMENT OF HEALTH AND default.htm. Scroll down to the consideration by FDA. HUMAN SERVICES appropriate advisory committee meeting You may submit comments as link. Food and Drug Administration follows: Procedure: Interested persons may present data, information, or views, [Docket No. FDA–2018–N–0055] Electronic Submissions orally or in writing, on issues pending Submit electronic comments in the before the committees. All electronic Gastrointestinal Drugs Advisory following way: and written submissions submitted to Committee; Notice of Meeting; • Federal eRulemaking Portal: the Docket (see the ADDRESSES section) Establishment of a Public Docket; https://www.regulations.gov. Follow the on or before October 9, 2018, will be Request for Comments instructions for submitting comments. provided to the committees. Oral AGENCY: Food and Drug Administration, Comments submitted electronically, presentations from the public will be HHS. including attachments, to https:// scheduled between approximately 1 www.regulations.gov will be posted to ACTION: Notice; establishment of a p.m. and 2 p.m. Those individuals the docket unchanged. Because your public docket; request for comments. interested in making formal oral comment will be made public, you are presentations should notify the contact SUMMARY: The Food and Drug solely responsible for ensuring that your person and submit a brief statement of Administration (FDA) announces a comment does not include any the general nature of the evidence or forthcoming public advisory committee confidential information that you or a arguments they wish to present, the meeting of the Gastrointestinal Drugs third party may not wish to be posted, names and addresses of proposed Advisory Committee. The general such as medical information, your or participants, and an indication of the function of the committee is to provide anyone else’s Social Security number, or approximate time requested to make advice and recommendations to FDA on confidential business information, such their presentation on or before October regulatory issues. The meeting will be as a manufacturing process. Please note 1, 2018. Time allotted for each open to the public. FDA is establishing that if you include your name, contact presentation may be limited. If the a docket for public comment on this information, or other information that number of registrants requesting to document. identifies you in the body of your speak is greater than can be reasonably comments, that information will be DATES: The meeting will be held on accommodated during the scheduled posted on https://www.regulations.gov. open public hearing session, FDA may October 18, 2018, from 8 a.m. to 5 p.m. • If you want to submit a comment conduct a lottery to determine the ADDRESSES: Bethesda Marriott, 5151 with confidential information that you speakers for the scheduled open public Pooks Hill Rd., the Grand Ballroom, do not wish to be made available to the hearing session. The contact person will Bethesda, MD 20814. The conference public, submit the comment as a notify interested persons regarding their center’s telephone number is 301–897– written/paper submission and in the request to speak by October 2, 2018. 9400. Answers to commonly asked manner detailed (see ‘‘Written/Paper Persons attending FDA’s advisory questions including information Submissions’’ and ‘‘Instructions’’). committee meetings are advised that regarding special accommodations due FDA is not responsible for providing to a disability, visitor parking, and Written/Paper Submissions access to electrical outlets. transportation may be accessed at: Submit written/paper submissions as For press inquiries, please contact the https://www.fda.gov/Advisory follows: Office of Media Affairs at fdaoma@ Committees/AboutAdvisoryCommittees/ • Mail/Hand delivery/Courier (for fda.hhs.gov or 301–796–4540. ucm408555.htm. Information about the written/paper submissions): Dockets FDA welcomes the attendance of the Bethesda Marriott can be accessed at: Management Staff (HFA–305), Food and public at its advisory committee https://www.marriott.com/hotels/travel/ Drug Administration, 5630 Fishers meetings and will make every effort to wasbt-bethesda-marriott/. Lane, Rm. 1061, Rockville, MD 20852. accommodate persons with disabilities. FDA is establishing a docket for • For written/paper comments If you require accommodations due to a public comment on this meeting. The submitted to the Dockets Management disability, please contact Jay Fajiculay docket number is FDA–2018–N–0055. Staff, FDA will post your comment, as (see FOR FURTHER INFORMATION CONTACT) The docket will close on October 16, well as any attachments, except for at least 7 days in advance of the 2018. Submit either electronic or information submitted, marked and meeting. written comments on this public identified, as confidential, if submitted FDA is committed to the orderly meeting by October 16, 2018. Please as detailed in ‘‘Instructions.’’ conduct of its advisory committee note that late, untimely filed comments Instructions: All submissions received meetings. Please visit our website at will not be considered. Electronic must include the Docket No. FDA– https://www.fda.gov/Advisory comments must be submitted on or 2018–N–0055 for ‘‘Gastrointestinal Committees/AboutAdvisoryCommittees/ before October 16, 2018. The https:// Drugs Advisory Committee; Notice of ucm111462.htm for procedures on www.regulations.gov electronic filing Meeting; Establishment of a Public

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Docket; Request for Comments.’’ Federal Register about last minute FDA is not responsible for providing Received comments, those filed in a modifications that impact a previously access to electrical outlets. timely manner (see ADDRESSES), will be announced advisory committee meeting For press inquiries, please contact the placed in the docket and, except for cannot always be published quickly Office of Media Affairs at fdaoma@ those submitted as ‘‘Confidential enough to provide timely notice. fda.hhs.gov or 301–796–4540. Submissions,’’ publicly viewable at Therefore, you should always check the FDA welcomes the attendance of the https://www.regulations.gov or at the FDA’s website at https://www.fda.gov/ public at its advisory committee Dockets Management Staff between 9 AdvisoryCommittees/default.htm and meetings and will make every effort to a.m. and 4 p.m., Monday through scroll down to the appropriate advisory accommodate persons with disabilities. Friday. committee meeting link, or call the If you require accommodations due to a • Confidential Submissions—To advisory committee information line to disability, please contact Jay Fajiculay submit a comment with confidential learn about possible modifications (see FOR FURTHER INFORMATION CONTACT) information that you do not wish to be before coming to the meeting. at least 7 days in advance of the made publicly available, submit your SUPPLEMENTARY INFORMATION: meeting. comments only as a written/paper Agenda: The committee will discuss FDA is committed to the orderly submission. You should submit two new drug application (NDA) 210166 for conduct of its advisory committee copies total. One copy will include the prucalopride tablets for oral meetings. Please visit our website at information you claim to be confidential administration, submitted by Shire https://www.fda.gov/Advisory with a heading or cover note that states Development, LLC, proposed for the Committees/AboutAdvisoryCommittees/ ‘‘THIS DOCUMENT CONTAINS treatment of chronic idiopathic ucm111462.htm for procedures on CONFIDENTIAL INFORMATION.’’ FDA constipation in adults. public conduct during advisory will review this copy, including the FDA intends to make background committee meetings. claimed confidential information, in its material available to the public no later Notice of this meeting is given under consideration of comments. The second than 2 business days before the meeting. the Federal Advisory Committee Act (5 copy, which will have the claimed If FDA is unable to post the background U.S.C. app. 2). confidential information redacted/ material on its website prior to the Dated: September 4, 2018. blacked out, will be available for public meeting, the background material will viewing and posted on https:// be made publicly available at the Leslie Kux, www.regulations.gov. Submit both location of the advisory committee Associate Commissioner for Policy. copies to the Dockets Management Staff. meeting, and the background material [FR Doc. 2018–19670 Filed 9–10–18; 8:45 am] If you do not wish your name and will be posted on FDA’s website after BILLING CODE 4164–01–P contact information be made publicly the meeting. Background material is available, you can provide this available at https://www.fda.gov/ information on the cover sheet and not AdvisoryCommittees/Calendar/ DEPARTMENT OF HEALTH AND in the body of your comments and you default.htm. Scroll down to the HUMAN SERVICES must identify the information as appropriate advisory committee meeting Food and Drug Administration ‘‘confidential.’’ Any information marked link. as ‘‘confidential’’ will not be disclosed Procedure: Interested persons may present data, information, or views, except in accordance with 21 CFR 10.20 [Docket No. FDA–2018–N–3031] orally or in writing, on issues pending and other applicable disclosure law. For before the committee. All electronic and Agency Information Collection more information about FDA’s posting written submissions submitted to the Activities; Proposed Collection; of comments to public dockets, see 80 Docket (see ADDRESSES) on or before Comment Request; Tobacco Products, FR 56469, September 18, 2015, or access October 9, 2018, will be provided to the User Fees, Requirements for the the information at: https://www.gpo.gov/ committee. Oral presentations from the Submission of Data Needed To fdsys/pkg/FR-2015-09-18/pdf/2015- public will be scheduled between Calculate User Fees for Domestic 23389.pdf. approximately 1 p.m. and 2 p.m. Those Manufacturers and Importers of Docket: For access to the docket to individuals interested in making formal Tobacco Products read background documents or the oral presentations should notify the electronic and written/paper comments contact person and submit a brief AGENCY: Food and Drug Administration, received, go to https:// statement of the general nature of the HHS. www.regulations.gov and insert the evidence or arguments they wish to ACTION: Notice. docket number, found in brackets in the present, the names and addresses of heading of this document, into the proposed participants, and an SUMMARY: The Food and Drug ‘‘Search’’ box and follow the prompts indication of the approximate time Administration (FDA or Agency) is and/or go to the Dockets Management requested to make their presentation on announcing an opportunity for public Staff, 5630 Fishers Lane, Rm. 1061, or before October 1, 2018. Time allotted comment on the proposed collection of Rockville, MD 20852. for each presentation may be limited. If certain information by the Agency. FOR FURTHER INFORMATION CONTACT: Jay the number of registrants requesting to Under the Paperwork Reduction Act of R. Fajiculay, Center for Drug Evaluation speak is greater than can be reasonably 1995 (PRA), Federal Agencies are and Research, Food and Drug accommodated during the scheduled required to publish notice in the Administration, 10903 New Hampshire open public hearing session, FDA may Federal Register concerning each Ave., Bldg. 31, Rm. 2417, Silver Spring, conduct a lottery to determine the proposed collection of information, MD 20993–0002, 301–796–9001, Fax: speakers for the scheduled open public including each proposed extension of an 301–847–8533, email: GIDAC@ hearing session. The contact person will existing collection of information, and fda.hhs.gov, or FDA Advisory notify interested persons regarding their to allow 60 days for public comment in Committee Information Line, 1–800– request to speak by October 2, 2018. response to the notice. This notice 741–8138 (301–443–0572 in the Persons attending FDA’s advisory solicits comments on the information Washington, DC area). A notice in the committee meetings are advised that collection for tobacco product user fees.

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DATES: Submit either electronic or User Fees, Requirements for the SUPPLEMENTARY INFORMATION: Under the written comments on the collection of Submission of Data Needed to Calculate PRA (44 U.S.C. 3501–3520), Federal information by November 13, 2018. User Fees for Domestic Manufacturers Agencies must obtain approval from the ADDRESSES: You may submit comments and Importers of Tobacco Products.’’ Office of Management and Budget as follows. Please note that late, Received comments, those filed in a (OMB) for each collection of untimely filed comments will not be timely manner (see ADDRESSES), will be information they conduct or sponsor. considered. Electronic comments must placed in the docket and, except for ‘‘Collection of information’’ is defined be submitted on or before November 13, those submitted as ‘‘Confidential in 44 U.S.C. 3502(3) and 5 CFR 2018. The https://www.regulations.gov Submissions,’’ publicly viewable at 1320.3(c) and includes Agency requests electronic filing system will accept https://www.regulations.gov or at the or requirements that members of the comments until midnight Eastern Time Dockets Management Staff between 9 public submit reports, keep records, or at the end of November 13, 2018. a.m. and 4 p.m., Monday through provide information to a third party. Comments received by mail/hand Friday. Section 3506(c)(2)(A) of the PRA (44 delivery/courier (for written/paper • Confidential Submissions—To U.S.C. 3506(c)(2)(A)) requires Federal submissions) will be considered timely submit a comment with confidential Agencies to provide a 60-day notice in if they are postmarked or the delivery information that you do not wish to be the Federal Register concerning each service acceptance receipt is on or made publicly available, submit your proposed collection of information, before that date. comments only as a written/paper including each proposed extension of an existing collection of information, Electronic Submissions submission. You should submit two before submitting the collection to OMB Submit electronic comments in the copies total. One copy will include the information you claim to be confidential for approval. To comply with this following way: requirement, FDA is publishing notice • with a heading or cover note that states Federal eRulemaking Portal: of the proposed collection of https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ The information set forth in this document. instructions for submitting comments. With respect to the following Comments submitted electronically, Agency will review this copy, including the claimed confidential information, in collection of information, FDA invites including attachments, to https:// comments on these topics: (1) Whether www.regulations.gov will be posted to its consideration of comments. The second copy, which will have the the proposed collection of information the docket unchanged. Because your is necessary for the proper performance comment will be made public, you are claimed confidential information redacted/blacked out, will be available of FDA’s functions, including whether solely responsible for ensuring that your the information will have practical comment does not include any for public viewing and posted on https://www.regulations.gov. Submit utility; (2) the accuracy of FDA’s confidential information that you or a estimate of the burden of the proposed third party may not wish to be posted, both copies to the Dockets Management Staff. If you do not wish your name and collection of information, including the such as medical information, your or validity of the methodology and anyone else’s Social Security number, or contact information to be made publicly available, you can provide this assumptions used; (3) ways to enhance confidential business information, such the quality, utility, and clarity of the as a manufacturing process. Please note information on the cover sheet and not in the body of your comments and you information to be collected; and (4) that if you include your name, contact ways to minimize the burden of the information, or other information that must identify this information as ‘‘confidential.’’ Any information marked collection of information on identifies you in the body of your respondents, including through the use comments, that information will be as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 of automated collection techniques, posted on https://www.regulations.gov. when appropriate, and other forms of • and other applicable disclosure law. For If you want to submit a comment information technology. with confidential information that you more information about FDA’s posting do not wish to be made available to the of comments to public dockets, see 80 Tobacco Products, User Fees, public, submit the comment as a FR 56469, September 18, 2015, or access Requirements for the Submission of written/paper submission and in the the information at: https://www.gpo.gov/ Data Needed To Calculate User Fees for manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- Domestic Manufacturers and Importers Submissions’’ and ‘‘Instructions’’). 23389.pdf. of Tobacco Products Written/Paper Submissions Docket: For access to the docket to OMB Control Number 0910–0749— read background documents or the Extension Submit written/paper submissions as electronic and written/paper comments follows: received, go to https:// On June 22, 2009, the President • Mail/Hand delivery/Courier (for www.regulations.gov and insert the signed the Family Smoking Prevention written/paper submissions): Dockets docket number, found in brackets in the and Tobacco Control Act (the Tobacco Management Staff (HFA–305), Food and heading of this document, into the Control Act) (Pub. L. 111–31) into law. Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts The Tobacco Control Act amended the Lane, Rm. 1061, Rockville, MD 20852. Federal Food, Drug, and Cosmetic Act • and/or go to the Dockets Management For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, (FD&C Act) and granted FDA authority submitted to the Dockets Management Rockville, MD 20852. to regulate the manufacture, marketing, Staff, FDA will post your comment, as and distribution of tobacco products to well as any attachments, except for FOR FURTHER INFORMATION CONTACT: protect public health generally and to information submitted, marked and Amber Sanford, Office of Operations, reduce tobacco use by minors. identified, as confidential, if submitted Food and Drug Administration, Three FDA issued a final rule that requires as detailed in ‘‘Instructions.’’ White Flint North, 10A–12M, 11601 domestic manufacturers and importers Instructions: All submissions received Landsdown St., North Bethesda, MD of cigars and pipe tobacco to submit must include the Docket No. FDA– 20852, 301–796–8867, PRAStaff@ information needed to calculate the 2018–N–3031 for ‘‘Tobacco Products, fda.hhs.gov. amount of user fees assessed under the

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FD&C Act. FDA expanded its authority As noted, FDA issued a final rule that Section 919(a) of the FD&C Act (21 over tobacco products by issuing requires domestic tobacco product U.S.C. 387s(a)) requires FDA to ‘‘assess another final rule, ‘‘Deeming Tobacco manufacturers and importers to submit user fees on, and collect such fees from, Products To Be Subject to the Federal information needed to calculate the each manufacturer and importer of Food, Drug, and Cosmetic Act, as amount of user fees assessed under the tobacco products’’ subject to the tobacco Amended by the Family Smoking FD&C Act. The U. S. Department of product provisions of the FD&C Act Prevention and Tobacco Control Act; Agriculture (USDA) had been collecting (chapter IX of the FD&C Act). The total Restrictions on the Sale and Distribution this information and provided FDA with amount of user fees to be collected for of Tobacco Products and Required the data the Agency needed to calculate each fiscal year is specified in section Warning Statements for Tobacco the amount of user fees assessed to 919(b)(1) of the FD&C Act, and under Products’’ (Deeming rule), deeming all tobacco product manufacturers and section 919(a) FDA is to assess and products that meet the statutory importers. USDA ceased collecting this definition of ‘‘tobacco product,’’ except collect a proportionate amount each accessories of the newly deemed information in fiscal year 2015 (October quarter of the fiscal year. The FD&C Act tobacco products, to be subject to the 2014). USDA’s information collection provides for the total assessment to be FD&C Act. The Deeming rule, among did not require OMB approval, per an allocated among the classes of tobacco other things, subjected domestic exemption by Public Law 108–357, products. The class allocation is based manufacturers and importers of cigars section 642(b)(3). Consistent with the on each tobacco product class’ volume and pipe tobacco to the FD&C Act’s user requirements of the FD&C Act, FDA of tobacco product removed into fee requirements. Consistent with the requires the submission of this commerce. Within each class of tobacco Deeming rule and the requirements of information to FDA now instead of products, an individual domestic the FD&C Act, the user fee final rule USDA. FDA took this action to ensure manufacturer or importer is assessed a requires the submission of the that the Agency continues to have the user fee based on its share of the market information needed to calculate user fee information needed to calculate, assess, for that tobacco product class. assessments for each manufacturer and and collect user fees from domestic FDA estimates the burden of this importer of cigars and pipe tobacco to manufacturers and importers of tobacco collection of information as follows: FDA. products.

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

1150.5(a), (b)(1) and (2), and Form FDA 3852; General identifying information provided by manufacturers and importers of FDA regulated tobacco products and identi- fication and removal information (monthly) ...... 658 12 7,896 3 23,688 1150.5(b)(3); Certified copies (monthly) ...... 658 12 7,896 1 7,896 1150.13; Submission of user fee information (Identifying information, fee amount, etc. (quarterly) ...... 329 4 1,316 1 1,316 1150.15(a); Submission of user fee dispute (annually) ...... 5 1 5 10 50 1150.15(d); Submission of request for further review of dispute of user fee (annually) ...... 3 1 3 10 30

Total ...... 32,980 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA estimates that 658 entities will commerce. FDA estimates it will take 3 will take approximately 1 hour for a submit tobacco product user fees. The hours for each of these submission types total of 1,316 hours. entity count was derived from aggregate for a total of 23,688 hours. Under FDA estimates that five of those data provided by the Alcohol and § 1150.5(b)(3), these respondents are respondents assessed user fees will Tobacco Tax and Trade Bureau (TTB), also expected to provide monthly dispute the amounts under § 1150.15(a), and reflects that in 2017 there were 192 certified copies of the returns and forms for a total amount of 50 hours. FDA also total permitted manufacturers and 466 that relate to the removal of tobacco estimates that three respondents who permitted importers over all tobacco products into domestic commerce and dispute their user fees will ask for product types for which TTB collects the payment of Federal excise taxes further review by FDA under excise taxes (including cigarettes, cigars, imposed under chapter 52 of the § 1150.15(d), for a total amount of 30 snuff, chewing tobacco, pipe tobacco, Internal Revenue Code of 1986 to FDA. hours. FDA has only received one and roll-your-own tobacco, excluding We estimate that each monthly report dispute submission since fiscal year electronic nicotine delivery systems). will take 1 hour for a total of 7,896 2015. Based on this data, the Agency The estimate of 658 respondents to hours. The estimate of 329 respondents does not believe we will receive more provide the information requested from to submit payment of user fee than five disputes and three requests for further reviews in the next 3 years. § 1150.5(a), (b)(1) and (2) (21 CFR information under § 1150.13 reflects an 1150.5(a), (b)(1) and (2)), and Form FDA average of half the number of domestic FDA estimates the total annual 3852 reflects both reports of no removal manufacturers and importers who may burden for this collection of information of tobacco products into domestic be subject to fees each fiscal quarter. is 32,980 hours. The estimated burden commerce and reports of removal of for the information collection reflects an FDA estimates the quarterly submission tobacco product into domestic overall increase of 16,058 hours. We

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attribute this adjustment to an increase The 1984 amendments include what Streptococcus pneumoniae, in the number of entities submitting is now section 505(j)(7) of the Federal Haemophilus influenzae (including b- tobacco user fee information to FDA. Food, Drug, and Cosmetic Act (FD&C lactamase-producing strains), and Dated: September 4, 2018. Act) (21 U.S.C. 355(j)(7)), which Moraxella (Branhamella) catarrhalis requires FDA to publish a list of all b Leslie Kux, (including -lactamase-producing approved drugs. FDA publishes this list strains); Associate Commissioner for Policy. as part of the ‘‘Approved Drug Products • Lower respiratory tract: Acute [FR Doc. 2018–19664 Filed 9–10–18; 8:45 am] With Therapeutic Equivalence bacterial exacerbation of chronic BILLING CODE 4164–01–P Evaluations,’’ which is known generally bronchitis caused by Streptococcus as the ‘‘Orange Book.’’ Under FDA pneumoniae, Haemophilus influenzae regulations, drugs are removed from the (including b-lactamase-producing DEPARTMENT OF HEALTH AND list if the Agency withdraws or strains), and Moraxella (Branhamella) HUMAN SERVICES suspends approval of the drug’s NDA or catarrhalis (including b-lactamase- Food and Drug Administration ANDA for reasons of safety or producing strains); and effectiveness or if FDA determines that • Skin and skin structure: [Docket No. FDA–2018–N–3262] the listed drug was withdrawn from sale Uncomplicated skin and skin-structure for reasons of safety or effectiveness (21 infections caused by Staphylococcus Determination That CEFZIL (Cefprozil) CFR 314.162). aureus (including penicillinase- Tablets, 250 Milligrams and 500 A person may petition the Agency to producing strains) and Streptococcus Milligrams, and for Oral Suspension, determine, or the Agency may pyogenes. Abscesses usually require 125 Milligrams/5 Milliliters and 250 determine on its own initiative, whether surgical drainage. Milligrams/5 Milliliters, Were Not a listed drug was withdrawn from sale In a letter dated September 7, 2010, Withdrawn From Sale for Reasons of for reasons of safety or effectiveness. Bristol-Myers Squibb 1 notified FDA that Safety or Effectiveness This determination may be made at any CEFZIL (cefprozil) tablets, 250 mg and time after the drug has been withdrawn AGENCY: Food and Drug Administration, 500 mg and CEFZIL (cefprozil) for oral HHS. from sale, but must be made prior to suspension, 125 mg/5 mL and 250 mg/ approving an ANDA that refers to the 5 mL, were discontinued from sale, and ACTION: Notice. listed drug (§ 314.161 (21 CFR 314.161)). FDA moved the drug products to the SUMMARY: The Food and Drug FDA may not approve an ANDA that ‘‘Discontinued Drug Product List’’ Administration (FDA or Agency) has does not refer to a listed drug. section of the Orange Book. Later, determined that CEFZIL (cefprozil) Under § 314.161(a)(2), the Agency Corden Pharma Latina S.p.A. notified tablets, 250 milligrams (mg) and 500 mg must also determine whether a listed the Agency in writing that these drug and CEFZIL (cefprozil) for oral drug was withdrawn from sale for products were no longer marketed and suspension, 125 mg/5 milliliters (mL) reasons of safety or effectiveness if requested that the approval of the and 250 mg/5 mL were not withdrawn ANDAs that referred to the listed drug applications be withdrawn. In the from sale for reasons of safety or have already been approved prior to its Federal Register of June 21, 2017 (82 FR effectiveness. This determination will market withdrawal. If the Agency 28322 at 28326), the Agency issued a allow FDA to continue to approve determines that a listed drug was notice withdrawing approval of the abbreviated new drug applications withdrawn from sale for reasons of applications, effective July 21, 2017. safety or effectiveness, and there are (ANDAs) that refer to these drugs as After reviewing Agency records and approved ANDAs that reference that long as they meet relevant legal and based on the information we have at this listed drug, FDA will initiate a regulatory requirements. time, FDA has determined under proceeding to determine whether the FOR FURTHER INFORMATION CONTACT: § 314.161 that CEFZIL (cefprozil) suspension of the ANDAs is also tablets, 250 mg and 500 mg, and CEFZIL Diana J. Pomeranz, Center for Drug required (21 CFR 314.153(b)). Evaluation and Research, Food and (cefprozil) for oral suspension, 125 mg/ CEFZIL (cefprozil) tablets, 250 mg and 5 mL and 250 mg/5 mL, were not Drug Administration, 10903 New 500 mg, are the subject of NDA 050664 Hampshire Ave., Bldg. 51, Rm. 6288, withdrawn from sale for reasons of held by Corden Pharma Latina S.p.A., safety or effectiveness. Silver Spring, MD 20993–0002, 240– and initially approved on December 23, 402–4654. We note that CEFZIL (cefprozil) 1991. CEFZIL (cefprozil) for oral tablets, 250 mg and 500 mg, and CEFZIL SUPPLEMENTARY INFORMATION: In 1984, suspension, 125 mg/5 mL and 250 mg/ (cefprozil) for oral suspension, 125 mg/ Congress enacted the Drug Price 5 mL, is the subject of NDA 050665 held 5 mL and 250 mg/5 mL, previously were Competition and Patent Term by Corden Pharma Latina S.p.A., and approved with an indication for Restoration Act of 1984 (Pub. L. 98–417) initially approved on December 23, secondary bacterial infection of acute (the 1984 amendments), which 1991. CEFZIL is indicated for the bronchitis (SBIAB). On October 3, 2016, authorized the approval of duplicate treatment of patients with mild to FDA sent Corden Pharma Latina S.p.A. versions of drug products under an moderate infections caused by a Prior Approval Supplement Request ANDA procedure. ANDA applicants susceptible strains of the designated letter seeking removal of the SBIAB must, with certain exceptions, show that microorganisms in the conditions listed indication from the labeling of these the drug for which they are seeking below: • drug products. In response, on October approval contains the same active Upper respiratory tract: Pharyngitis/ 28, 2016, Corden Pharma Latina S.p.A. ingredient in the same strength and tonsillitis caused by Streptococcus submitted supplements proposing to dosage form as the ‘‘listed drug,’’ which pyogenes; otitis media caused by remove the indication. On November is a version of the drug that was Streptococcus pneumoniae, 22, 2016, FDA approved these b previously approved. ANDA applicants Haemophilus influenzae (including - supplements and the indication was do not have to repeat the extensive lactamase-producing strains), and clinical testing otherwise necessary to Moraxella (Branhamella) catarrhalis 1 On May 26, 2011, Bristol-Myers Squibb gain approval of a new drug application (including b-lactamase-producing transferred ownership of NDA 050664 and NDA (NDA). strains); and acute sinusitis caused by 050665 to Corden Pharma Latina S.p.A.

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removed. The ANDA applicants Drug Products Advisory Committee. The as a manufacturing process. Please note referencing these NDAs subsequently general function of the committee is to that if you include your name, contact followed suit and submitted provide advice and recommendations to information, or other information that supplements proposing to remove the FDA on regulatory issues. The meeting identifies you in the body of your SBIAB indication from their labeling. will be open to the public. FDA is comments, that information will be The Agency approved these establishing a docket for public posted on https://www.regulations.gov. supplements. comment on this document. • If you want to submit a comment Further, based on a review of relevant DATES: The meeting will be held on with confidential information that you information, FDA concluded that the October 11, 2018, from 8 a.m. to 5 p.m. do not wish to be made available to the public, submit the comment as a SBIAB indication is not appropriate ADDRESSES: FDA White Oak Campus, written/paper submission and in the because most cases of SBIAB are 10903 New Hampshire Ave., Bldg. 31, considered to be viral or non-infectious. manner detailed (see ‘‘Written/Paper Conference Center, the Great Room (Rm. Submissions’’ and ‘‘Instructions’’). As an antibacterial drug, CEFZIL 1503), Silver Spring, MD 20993–0002. (cefprozil) is not considered to be Answers to commonly asked questions Written/Paper Submissions effective to treat SBIAB. Such use of including information regarding special Submit written/paper submissions as CEFZIL (cefprozil) would likely result accommodations due to a disability, in inappropriate antibacterial drug use. follows: visitor parking, and transportation may • Mail/Hand delivery/Courier (for Accordingly, the risk benefit balance for be accessed at: https://www.fda.gov/ written/paper submissions): Dockets the treatment of SBIAB with CEFZIL AdvisoryCommittees/ Management Staff (HFA–305), Food and (cefprozil) is unfavorable and does not AboutAdvisoryCommittees/ Drug Administration, 5630 Fishers support approval of these products (or ucm408555.htm. Lane, Rm. 1061, Rockville, MD 20852. ANDAs referencing them) for this FDA is establishing a docket for • For written/paper comments indication. public comment on this meeting. The submitted to the Dockets Management The Agency will continue to list docket number is FDA–2018–N–3276. Staff, FDA will post your comment, as CEFZIL (cefprozil) tablets, 250 mg and The docket will close on October 10, well as any attachments, except for 500 mg, and CEFZIL (cefprozil) for oral 2018. Submit either electronic or information submitted, marked and suspension, 125 mg/5 mL and 250 mg/ written comments on this public identified, as confidential, if submitted 5 mL, in the ‘‘Discontinued Drug meeting by October 10, 2018. Please as detailed in ‘‘Instructions.’’ Product List’’ section of the Orange note that late, untimely filed comments Instructions: All submissions received Book. FDA will continue to accept and, will not be considered. Electronic must include the Docket No. FDA– where appropriate, approve ANDAs that comments must be submitted on or 2018–N–3276 for ‘‘Anesthetic and refer to these drug products, but does before October 10, 2018. The https:// Analgesic Drug Products Advisory not intend to do so if they propose to www.regulations.gov electronic filing Committee; Notice of Meeting; include the SBIAB indication (see, e.g., system will accept comments until Establishment of a Public Docket; section 505(j)(2)(A)(v) and (j)(4)G) of the midnight Eastern Time at the end of Request for Comments.’’ Received FD&C Act and 21 CFR 314.94(a)(8)(iv) October 10, 2018. Comments received comments, those filed in a timely and 314.127(a)(7)). If FDA determines by mail/hand delivery/courier (for manner (see ADDRESSES), will be placed that labeling for this drug product written/paper submissions) will be in the docket and, except for those should be revised, the Agency will considered timely if they are submitted as ‘‘Confidential advise ANDA applicants to submit such postmarked or the delivery service Submissions,’’ publicly viewable at labeling. acceptance receipt is on or before that https://www.regulations.gov or at the Dated: September 4, 2018. date. Dockets Management Staff between 9 Leslie Kux, Comments received on or before a.m. and 4 p.m., Monday through Associate Commissioner for Policy. October 3, 2018, will be provided to the Friday. • Confidential Submissions—To [FR Doc. 2018–19663 Filed 9–10–18; 8:45 am] committee. Comments received after submit a comment with confidential BILLING CODE 4164–01–P that date will be taken into consideration by FDA. information that you do not wish to be You may submit comments as made publicly available, submit your DEPARTMENT OF HEALTH AND follows: comments only as a written/paper HUMAN SERVICES submission. You should submit two Electronic Submissions copies total. One copy will include the Food and Drug Administration Submit electronic comments in the information you claim to be confidential following way: with a heading or cover note that states [Docket No. FDA–2018–N–3276] • Federal eRulemaking Portal: ‘‘THIS DOCUMENT CONTAINS Anesthetic and Analgesic Drug https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ FDA Products Advisory Committee; Notice instructions for submitting comments. will review this copy, including the of Meeting; Establishment of a Public Comments submitted electronically, claimed confidential information, in its Docket; Request for Comments including attachments, to https:// consideration of comments. The second www.regulations.gov will be posted to copy, which will have the claimed AGENCY: Food and Drug Administration, the docket unchanged. Because your confidential information redacted/ HHS. comment will be made public, you are blacked out, will be available for public ACTION: Notice; establishment of a solely responsible for ensuring that your viewing and posted on https:// public docket; request for comments. comment does not include any www.regulations.gov. Submit both confidential information that you or a copies to the Dockets Management Staff. SUMMARY: The Food and Drug third party may not wish to be posted, If you do not wish your name and Administration (FDA) announces a such as medical information, your or contact information be made publicly forthcoming public advisory committee anyone else’s Social Security number, or available, you can provide this meeting of the Anesthetic and Analgesic confidential business information, such information on the cover sheet and not

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in the body of your comments and you will be posted on FDA’s website after Dated: September 4, 2018. must identify the information as the meeting. Background material is Leslie Kux, ‘‘confidential.’’ Any information marked available at https://www.fda.gov/ Associate Commissioner for Policy. as ‘‘confidential’’ will not be disclosed AdvisoryCommittees/Calendar/ [FR Doc. 2018–19667 Filed 9–10–18; 8:45 am] except in accordance with 21 CFR 10.20 default.htm. Scroll down to the BILLING CODE 4164–01–P and other applicable disclosure law. For appropriate advisory committee meeting more information about FDA’s posting link. of comments to public dockets, see 80 Procedure: Interested persons may DEPARTMENT OF HEALTH AND FR 56469, September 18, 2015, or access present data, information, or views, HUMAN SERVICES the information at: https://www.gpo.gov/ fdsys/pkg/FR-2015-09-18/pdf/2015- orally or in writing, on issues pending Food and Drug Administration before the committee. All electronic and 23389.pdf . [Docket No. FDA–2013–D–0286] Docket: For access to the docket to written submissions submitted to the Docket (see ADDRESSES) on or before read background documents or the Agency Information Collection electronic and written/paper comments October 3, 2018, will be provided to the Activities; Submission for Office of received, go to https:// committee. Oral presentations from the Management and Budget Review; www.regulations.gov and insert the public will be scheduled between Comment Request; Guidance for docket number, found in brackets in the approximately 1 p.m. and 2 p.m. Those Industry: Formal Meetings Between the heading of this document, into the individuals interested in making formal Food and Drug Administration and ‘‘Search’’ box and follow the prompts oral presentations should notify the Biosimilar Biological Product and/or go to the Dockets Management contact person and submit a brief Sponsors or Applicants Staff, 5630 Fishers Lane, Rm. 1061, statement of the general nature of the Rockville, MD 20852. evidence or arguments they wish to AGENCY: Food and Drug Administration, HHS. FOR FURTHER INFORMATION CONTACT: present, the names and addresses of Moon Hee V. Choi, Center for Drug proposed participants, and an ACTION: Notice. indication of the approximate time Evaluation and Research, Food and SUMMARY: The Food and Drug requested to make their presentation on Drug Administration, 10903 New Administration (FDA or we) is or before September 25, 2018. Time Hampshire Ave., Bldg. 31, Rm. 2417, announcing that a proposed collection allotted for each presentation may be Silver Spring, MD 20993–0002, 301– of information has been submitted to the limited. If the number of registrants 796–9001, Fax: 301–847–8533, email: Office of Management and Budget requesting to speak is greater than can [email protected], or FDA (OMB) for review and clearance under Advisory Committee Information Line, be reasonably accommodated during the the Paperwork Reduction Act of 1995. 1–800–741–8138 (301–443–0572 in the scheduled open public hearing session, DATES: Fax written comments on the Washington, DC area). A notice in the FDA may conduct a lottery to determine collection of information by October 11, Federal Register about last minute the speakers for the scheduled open 2018. modifications that impact a previously public hearing session. The contact ADDRESSES: announced advisory committee meeting person will notify interested persons To ensure that comments on cannot always be published quickly regarding their request to speak by the information collection are received, OMB recommends that written enough to provide timely notice. September 26, 2018. Therefore, you should always check the comments be faxed to the Office of Persons attending FDA’s advisory Information and Regulatory Affairs, FDA’s website at https://www.fda.gov/ committee meetings are advised that AdvisoryCommittees/default.htm and OMB, Attn: FDA Desk Officer, Fax: 202– FDA is not responsible for providing 395–7285, or emailed to oira_ scroll down to the appropriate advisory access to electrical outlets. committee meeting link, or call the [email protected]. All advisory committee information line to For press inquiries, please contact the comments should be identified with the learn about possible modifications Office of Media Affairs at fdaoma@ OMB control number 0910–0802. Also before coming to the meeting. fda.hhs.gov or 301–796–4540. include the FDA docket number found in brackets in the heading of this SUPPLEMENTARY INFORMATION: FDA welcomes the attendance of the document. Agenda: The committee will be asked public at its advisory committee to discuss new drug application (NDA) meetings and will make every effort to FOR FURTHER INFORMATION CONTACT: 210730, for oliceridine 1 milligram/ accommodate persons with disabilities. Domini Bean, Office of Operations, milliliter injection, submitted by If you require accommodations due to a Food and Drug Administration, Three Trevena, Inc., for the management of disability, please contact Moon Hee V. White Flint North, 10A–12M, 11601 moderate-to-severe acute pain in adult Choi (see FOR FURTHER INFORMATION Landsdown St., North Bethesda, MD patients for whom an intravenous CONTACT) at least 7 days in advance of 20852, 301–796–5733, PRAStaff@ opioid is warranted. The committee will the meeting. fda.hhs.gov. also be asked to discuss the efficacy and FDA is committed to the orderly SUPPLEMENTARY INFORMATION: In safety data and benefit-risk conduct of its advisory committee compliance with 44 U.S.C. 3507, FDA considerations. meetings. Please visit our website at has submitted the following proposed FDA intends to make background collection of information to OMB for material available to the public no later https://www.fda.gov/Advisory Committees/AboutAdvisoryCommittees/ review and clearance. than 2 business days before the meeting. Guidance for Industry: Formal ucm111462.htm for procedures on If FDA is unable to post the background Meetings between the Food and Drug public conduct during advisory material on its website prior to the Administration and Biosimilar meeting, the background material will committee meetings. Biological Product Sponsors or be made publicly available at the Notice of this meeting is given under Applicants. location of the advisory committee the Federal Advisory Committee Act (5 OMB Control No. 0910–0802— meeting, and the background material U.S.C. app. 2). Extension.

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This information collection supports contacting the appropriate review B. Information Package the above captioned Agency guidance. division or the Biosimilars Program FDA requests that a sponsor or The Biologics Price Competition and staff, CDER, Office of New Drugs to applicant submit a meeting package to Innovation Act of 2009, the Biosimilar determine to whom the request should the appropriate review division with the User Fee Act of 2012, and the recent be directed, how it should be submitted, meeting request. FDA recommends that passage of the Biosimilar User Fee and the appropriate format for the the information packages generally Amendments of 2017 (BsUFA II) under request and to arrange for confirmation include: Title IV of the FDA Reauthorization Act of receipt of the request. Under the 1. Product name and application of 2017, authorize user fees for guidance, FDA requests that sponsors number (if applicable), biosimilar biological products. FDA has and applicants incorporate certain committed to meeting certain information in the meeting request, 2. proposed proper name or proper performance goals in connection with including: name (post licensure), the reauthorized biosimilar user fee 1. Product name, 3. structure, program. To provide recommendations 2. application number (if applicable), 4. reference product name, to industry on formal meetings between proposed proper name or proper name 5. proposed indication(s) or context of FDA and sponsors or applicants relating (post licensure), product development, to the development and review of 4. structure, 6. dosage form, route of biosimilar biological products regulated 5. reference product name, administration, dosing regimen by the Center for Drug Evaluation and 6. proposed indication(s) or context of (frequency and duration), and Research (CDER) or the Center for product development, presentation(s), Biologics Evaluation and Research 7. meeting type being requested (the 7. a list of all sponsor’s or applicant’s (CBER) and assist sponsors and rationale for requesting the meeting type attendees and consultants with their applicants in generating and submitting should be included), titles and affiliations who will attend meeting requests and the associated 8. a brief statement of the purpose of the requested meeting, meeting packages to FDA for biosimilar the meeting, including a brief 8. background that includes a brief biological products, we developed background of the issues underlying the history of the development program and guidance for industry entitled ‘‘Formal agenda. It can also include a brief the status of product development (e.g., Meetings Between FDA and Biosimilar summary of completed or planned chemistry, manufacturing, and controls; Biological Products Sponsors or studies and clinical trials or data the nonclinical; and clinical, including any Applicants.’’ The guidance describes sponsor or applicant intends to discuss development outside the United States, our current thinking on how we intend at the meeting, the general nature of the as applicable), to interpret and apply certain provisions critical questions to be asked, and where 9. a brief statement summarizing the of BsUFA II and provides information the meeting fits in the overall purpose of the meeting, on specific performance goals for the development plans. 10. the proposed agenda, management of meetings associated 9. a list of specific objectives/ 11. a list of questions for discussion with the development and review of outcomes expected from the meeting, grouped by discipline and with a brief biosimilar biological products. The 10. a proposed agenda, including summary for each question to explain guidance document includes two types the need or context for the question, and of information collection: (1) The times required for each agenda item, 11. a list of questions grouped by 12. data to support discussion submission of a meeting request organized by discipline and question. containing certain information and (2) discipline and a brief explanation of the The purpose of the meeting package is the submission of the information context and purpose of each question, to provide FDA staff the opportunity to package(s) that accompany the meeting 12. a list of all individuals with their adequately prepare for the meeting, request. titles and affiliations who will attend the requested meeting from the including the review of relevant data A. Request for a Meeting requestor’s organization and concerning the product. Under the guidance, a sponsor or consultants, Description of Respondents: A applicant interested in meeting with 13. a list of FDA staff, if known, or sponsor or applicant for a biosimilar CDER or CBER should submit a meeting disciplines asked to participate in the biological product who requests a request to the sponsor’s or applicant’s requested meeting, formal meeting with FDA regarding the application (i.e., investigational new 14. suggested dates and times for the development and review of a biosimilar drug application, biologics license meeting, and biological product. application). If there is no application, 15. the proposed format of the In the Federal Register of June 18, a sponsor or applicant should submit meeting (i.e., face to face meeting, 2018 (83 FR 28234), we published a 60- the request to either the appropriate teleconference, or videoconference). day notice requesting public comment CDER division director, with a copy This information will be used by FDA on the proposed collection of sent to the division’s chief of project to determine the utility of the meeting, information. No comments were management staff, or to the division to identify FDA staff necessary to received. director of the appropriate product discuss proposed agenda items, and to We estimate the burden of this office within CBER, but only after first schedule the meeting. collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Total Average GFI: Formal meetings between FDA and biosimilar Number of responses per annual burden per Total hours biological product sponsors or applicants respondents respondent responses response

CDER Meeting Requests ...... 36 2.5 89 15 1,335 CBER Meeting Requests ...... 2 1 2 15 30 CDER Information Packages ...... 29 2.2 64 30 1,920

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1—Continued

Number of Total Average GFI: Formal meetings between FDA and biosimilar Number of responses per annual burden per Total hours biological product sponsors or applicants respondents respondent responses response

CBER Information Packages ...... 2 2 4 30 120

Total ...... 3,405 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Since last OMB approval, there has synthetic manufacturing process information submitted, marked and been an increase in meeting requests changes; changes in the source of drug identified, as confidential, if submitted with CDER and a corresponding substance; and change to container as detailed in ‘‘Instructions.’’ increase in the number of information closure system of the drug substance. Instructions: All submissions received packages. Accordingly, we have DATES: Submit either electronic or must include the Docket No. FDA– adjusted our estimate upward by six written comments on the draft guidance 2018–D–3151 for ‘‘Postapproval respondents to CDER meeting requests. by November 13, 2018 to ensure that the Changes to Drug Substances.’’ Received We attribute this change to an increase Agency considers your comment on this comments will be placed in the docket in biosimilar product development. draft guidance before it begins work on and, except for those submitted as Dated: September 4, 2018. the final version of the guidance. ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov Leslie Kux, ADDRESSES: You may submit comments on any guidance at any time as follows: or at the Dockets Management Staff Associate Commissioner for Policy. between 9 a.m. and 4 p.m., Monday [FR Doc. 2018–19674 Filed 9–10–18; 8:45 am] Electronic Submissions through Friday. BILLING CODE 4164–01–P • Submit electronic comments in the Confidential Submissions—To following way: submit a comment with confidential • Federal eRulemaking Portal: information that you do not wish to be DEPARTMENT OF HEALTH AND made publicly available, submit your HUMAN SERVICES https://www.regulations.gov. Follow the instructions for submitting comments. comments only as a written/paper Food and Drug Administration Comments submitted electronically, submission. You should submit two including attachments, to https:// copies total. One copy will include the [Docket No. FDA–2018–D–3151] www.regulations.gov will be posted to information you claim to be confidential with a heading or cover note that states Postapproval Changes to Drug the docket unchanged. Because your comment will be made public, you are ‘‘THIS DOCUMENT CONTAINS Substances; Draft Guidance for CONFIDENTIAL INFORMATION.’’ The Industry; Availability solely responsible for ensuring that your comment does not include any Agency will review this copy, including AGENCY: Food and Drug Administration, confidential information that you or a the claimed confidential information, in HHS. third party may not wish to be posted, its consideration of comments. The ACTION: Notice of availability. such as medical information, your or second copy, which will have the anyone else’s Social Security number, or claimed confidential information SUMMARY: The Food and Drug confidential business information, such redacted/blacked out, will be available Administration (FDA or Agency) is as a manufacturing process. Please note for public viewing and posted on announcing the availability of a draft that if you include your name, contact https://www.regulations.gov. Submit guidance for industry entitled information, or other information that both copies to the Dockets Management ‘‘Postapproval Changes to Drug identifies you in the body of your Staff. If you do not wish your name and Substances.’’ This draft guidance comments, that information will be contact information to be made publicly provides recommendations to holders of posted on https://www.regulations.gov. available, you can provide this approved new drug applications, • If you want to submit a comment information on the cover sheet and not abbreviated new drug applications, new with confidential information that you in the body of your comments and you animal drug applications, abbreviated do not wish to be made available to the must identify this information as new animal drug applications, and public, submit the comment as a ‘‘confidential.’’ Any information marked holders of drug master files and written/paper submission and in the as ‘‘confidential’’ will not be disclosed veterinary master files who may want to manner detailed (see ‘‘Written/Paper except in accordance with 21 CFR 10.20 make a change to the drug substance Submissions’’ and ‘‘Instructions’’). and other applicable disclosure law. For manufacturing process during the drug more information about FDA’s posting product application postapproval Written/Paper Submissions of comments to public dockets, see 80 period. The draft guidance applies to Submit written/paper submissions as FR 56469, September 18, 2015, or access synthetic drug substances and the follows: the information at: https://www.gpo.gov/ synthetic steps involved in the • Mail/Hand delivery/Courier (for fdsys/pkg/FR-2015-09-18/pdf/2015- preparation of semisynthetic drug written/paper submissions): Dockets 23389.pdf. substances. The draft guidance covers Management Staff (HFA–305), Food and Docket: For access to the docket to facility, scale, and equipment changes Drug Administration, 5630 Fishers read background documents or the associated with all steps of drug Lane, Rm. 1061, Rockville, MD 20852. electronic and written/paper comments substance manufacturing; specification • For written/paper comments received, go to https:// changes to starting materials, raw submitted to the Dockets Management www.regulations.gov and insert the materials, intermediates, and the Staff, FDA will post your comment, as docket number, found in brackets in the unfinished and final drug substance; well as any attachments, except for heading of this document, into the

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‘‘Search’’ box and follow the prompts submitted by the approved application practices regulation (21 CFR 10.115). and/or go to the Dockets Management holder is also outlined, and references The draft guidance, when finalized, will Staff, 5630 Fishers Lane, Rm. 1061, to the appropriate pathways for such represent the current thinking of FDA Rockville, MD 20852. submissions are provided. on Postapproval Changes to Drug You may submit comments on any A letter of authorization must be Substances. It does not establish any guidance at any time (see 21 CFR provided for an applicant to reference a rights for any person and is not binding 10.115(g)(5)). DMF for the proposed drug substance on FDA or the public. You can use an Submit written requests for single § 314.420(b) (21 CFR 314.420(b)). Any alternative approach if it satisfies the addition, change, or deletion of copies of the draft guidance to the requirements of the applicable statutes information in the master file must be Division of Drug Information, Center for and regulations. This guidance is not submitted to the master file in the form Drug Evaluation and Research, Food subject to Executive Order 12866. and Drug Administration, 10001 New of an amendment (see § 314.420(c)). Hampshire Ave., Hillandale Building, Further, the master file holder must II. Paperwork Reduction Act of 1995 4th Floor, Silver Spring, MD 20993– notify each person authorized to 0002, or the Office of Communication, reference the DMF of the nature of the This draft guidance refers to Outreach, and Development, Center for changes, and should provide as much previously approved collections of Biologics Evaluation and Research, detail as is consistent with the information found in FDA regulations. Food and Drug Administration, 10903 confidentiality agreement between the These collections of information are New Hampshire Ave, Bldg. 71, Rm. master file holder and the authorized subject to review by the Office of 3128, Silver Spring, MD 20993–0002. person, so that the authorized person Management and Budget (OMB) under Send one self-addressed adhesive label can determine how to report the the Paperwork Reduction Act of 1995 to assist that office in processing your changes in the approved application (44 U.S.C. 3501–3520). The collections requests. See the SUPPLEMENTARY (see § 314.420(c)). In turn, application of information in § 314.70 have been INFORMATION section for electronic holders must notify FDA of each change approved under OMB control number access to the draft guidance document. in each condition established in an 0910–0001; the collections of approved application, excluding the FOR FURTHER INFORMATION CONTACT: information in 21 CFR part 211 have variations already provided for in the Carolyn Cohran, Center for Drug been approved under OMB control application (§§ 314.70, 314.97, 514.8). Evaluation and Research, Food and When drug substance information is number 0910–0139; and the collections Drug Administration, 10903 New contained in an application, rather than of information in 21 CFR 514.8 have Hampshire Ave., Bldg. 51, Rm 4151, in a referenced DMF, such changes must been approved under OMB control Silver Spring, MD 20993–0002, 240– be submitted to FDA in the form of a number 0910–0032. In accordance with 402–8612; Stephen Ripley, Center for supplement to the approved application the PRA, prior to publication of any Biologics Evaluation and Research, or in an annual report (§§ 314.70, final guidance document, FDA intends Food and Drug Administration, 10903 314.97, 514.8). to solicit public comment and obtain New Hampshire Ave., Bldg.71, Rm. This draft guidance addresses how the OMB approval for any information 7301, Silver Spring, MD 20993–0002, risk of one or more change(s) to the drug collections recommended in this draft 240–402–7911; or Dennis Bensley, substance should be assessed and guidance that are new or that would Center for Veterinary Medicine, Food provides recommendations regarding represent material modifications to and Drug Administration, 7500 Standish the documentation needed to support those previously approved collections of Place, Rm. E334, Rockville, MD 20855, such changes for the drug substance, 240–402–0696. information found in FDA regulations or and where applicable, for the drug guidances. SUPPLEMENTARY INFORMATION: product made with modified drug substance. The draft guidance covers the III. Electronic Access I. Background following changes: (1) facility, scale, FDA is announcing the availability of and equipment changes associated with Persons with access to the internet a draft guidance for industry entitled all steps of drug substance may obtain the draft guidance at either ‘‘Postapproval Changes to Drug manufacturing; (2) specification changes https://www.fda.gov/Drugs/Guidance Substances.’’ As part of the to starting materials, raw materials, ComplianceRegulatoryInformation/ reauthorization of the Generic Drug User intermediates, and the unfinished and Guidances/default.htm, https:// Fee Amendments (GDUFA II), FDA final drug substance; (3) synthetic www.fda.gov/BiologicsBloodVaccines/ committed to issuing a guidance on manufacturing process changes; (4) GuidanceComplianceRegulatory postapproval changes to Type II Active changes in the source of drug substance; Information/default.htm, or https:// Pharmaceutical Ingredients Drug Master and (5) change to container closure www.regulations.gov. Files (DMFs) and submission system of the drug substance. Dated: September 4, 2018. mechanisms for abbreviated new drug This draft guidance does not address application holders who reference such postapproval changes to peptides, Leslie Kux, DMFs (see GDUFA Reauthorization oligonucleotides, radiopharmaceuticals; Associate Commissioner for Policy. Performance Goals and Program or drug substances isolated from natural [FR Doc. 2018–19666 Filed 9–10–18; 8:45 am] Enhancements Fiscal Years 2018–2022, sources or produced by procedures BILLING CODE 4164–01–P known as the GDUFA II Commitment involving biotechnology; or Letter, at https://www.fda.gov/ nonsynthetic steps (such as downloads/ForIndustry/UserFees/ fermentation) for semisynthetic drug GenericDrugUserFees/UCM525234.pdf). substances. This draft guidance also This draft guidance is intended to fulfill does not address complex active that commitment by describing the ingredients as defined in the GDUFA II documentation for master file holders or Commitment Letter. drug substance manufacturers, as This draft guidance is being issued appropriate. The documentation to be consistent with FDA’s good guidance

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DEPARTMENT OF HEALTH AND Electronic Submissions submission. You should submit two HUMAN SERVICES Submit electronic comments in the copies total. One copy will include the following way: information you claim to be confidential Food and Drug Administration • Federal eRulemaking Portal: with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS [Docket No. FDA–2018–N–3276] https://www.regulations.gov. Follow the instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ FDA Anesthetic and Analgesic Drug Comments submitted electronically, will review this copy, including the Products Advisory Committee; Notice including attachments, to https:// claimed confidential information, in its of Meeting; Establishment of a Public www.regulations.gov will be posted to consideration of comments. The second Docket; Request for Comments the docket unchanged. Because your copy, which will have the claimed comment will be made public, you are confidential information redacted/ AGENCY: Food and Drug Administration, solely responsible for ensuring that your blacked out, will be available for public HHS. comment does not include any viewing and posted on https:// ACTION: Notice; establishment of a confidential information that you or a www.regulations.gov. Submit both public docket; request for comments. third party may not wish to be posted, copies to the Dockets Management Staff. such as medical information, your or If you do not wish your name and SUMMARY: The Food and Drug anyone else’s Social Security number, or contact information be made publicly Administration (FDA) announces a available, you can provide this forthcoming public advisory committee confidential business information, such as a manufacturing process. Please note information on the cover sheet and not meeting of the Anesthetic and Analgesic in the body of your comments and you Drug Products Advisory Committee. The that if you include your name, contact information, or other information that must identify the information as general function of the committee is to ‘‘confidential.’’ Any information marked provide advice and recommendations to identifies you in the body of your comments, that information will be as ‘‘confidential’’ will not be disclosed FDA on regulatory issues. The meeting except in accordance with 21 CFR 10.20 will be open to the public. FDA is posted on https://www.regulations.gov. • If you want to submit a comment and other applicable disclosure law. For establishing a docket for public with confidential information that you more information about FDA’s posting comment on this document. do not wish to be made available to the of comments to public dockets, see 80 DATES: The meeting will be held on public, submit the comment as a FR 56469, September 18, 2015, or access October 12, 2018, from 8 a.m. to 5 p.m. written/paper submission and in the the information at: https://www.gpo.gov/ ADDRESSES: FDA White Oak Campus, manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- 10903 New Hampshire Ave., Bldg. 31 Submissions’’ and ‘‘Instructions’’). 23389.pdf. Conference Center, the Great Room (Rm. Docket: For access to the docket to 1503), Silver Spring, MD 20993–0002. Written/Paper Submissions read background documents or the Answers to commonly asked questions Submit written/paper submissions as electronic and written/paper comments including information regarding special follows: received, go to https:// accommodations due to a disability, • Mail/Hand Delivery/Courier (for www.regulations.gov and insert the visitor parking, and transportation may written/paper submissions): Dockets docket number, found in brackets in the be accessed at: https://www.fda.gov/ Management Staff (HFA–305), Food and heading of this document, into the AdvisoryCommittees/AboutAdvisory Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts Committees/ucm408555.htm. Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management FDA is establishing a docket for • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, public comment on this meeting. The submitted to the Dockets Management Rockville, MD 20852. docket number is FDA–2018–N–3276. Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: The docket will close on October 11, well as any attachments, except for Moon Hee V. Choi, Center for Drug 2018. Submit either electronic or information submitted, marked and Evaluation and Research, Food and written comments on this public identified, as confidential, if submitted Drug Administration, 10903 New meeting by October 11, 2018. Please as detailed in ‘‘Instructions.’’ Hampshire Ave., Bldg. 31, Rm. 2417, note that late, untimely filed comments Instructions: All submissions received Silver Spring, MD 20993–0002, 301– will not be considered. Electronic must include the Docket No. FDA– 796–9001, Fax: 301–847–8533, email: comments must be submitted on or 2018–N–3276 for ‘‘Anesthetic and [email protected], or FDA before October 11, 2018. The https:// Analgesic Drug Products Advisory Advisory Committee Information Line, www.regulations.gov electronic filing Committee; Notice of Meeting; 1–800–741–8138 (301–443–0572 in the system will accept comments until Establishment of a Public Docket; Washington, DC area). A notice in the midnight Eastern Time at the end of Request for Comments.’’ Received Federal Register about last minute October 11, 2018. Comments received comments, those filed in a timely modifications that impact a previously by mail/hand delivery/courier (for manner (see ADDRESSES), will be placed announced advisory committee meeting written/paper submissions) will be in the docket and, except for those cannot always be published quickly considered timely if they are submitted as ‘‘Confidential enough to provide timely notice. postmarked or the delivery service Submissions,’’ publicly viewable at Therefore, you should always check the acceptance receipt is on or before that https://www.regulations.gov or at the FDA’s website at https://www.fda.gov/ date. Dockets Management Staff between 9 AdvisoryCommittees/default.htm and Comments received on or before a.m. and 4 p.m., Monday through scroll down to the appropriate advisory October 4, 2018, will be provided to the Friday. committee meeting link, or call the committee. Comments received after • Confidential Submissions—To advisory committee information line to that date will be taken into submit a comment with confidential learn about possible modifications consideration by FDA. information that you do not wish to be before coming to the meeting. You may submit comments as made publicly available, submit your follows: comments only as a written/paper SUPPLEMENTARY INFORMATION:

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Agenda: The committee will be asked meetings and will make every effort to SUPPLEMENTARY INFORMATION: to discuss new drug application (NDA) accommodate persons with disabilities. Intellectual Property 209128, sufentanil sublingual tablets, If you require accommodations due to a submitted by AcelRx Pharmaceuticals, disability, please contact Moon Hee V. 1. U.S. Provisional Patent Application Inc., for the management of moderate-to- Choi (see FOR FURTHER INFORMATION (Application No. 61/845,861) filed July severe acute pain severe enough to CONTACT) at least 7 days in advance of 12, 2013, HHS Reference No.: E–482– require an opioid analgesic and for the meeting. 2013/0–US–01 which alternative treatments are FDA is committed to the orderly 2. PCT Application (Application No. PCT/ inadequate, in adult patients in a conduct of its advisory committee US2014/045922) filed July 09, 2014, medically supervised setting. The meetings. Please visit our website at HHS Reference No.: E–482–2013/0–PCT– committee will also be asked to discuss https://www.fda.gov/Advisory 02 risk-benefit considerations and whether Committees/AboutAdvisoryCommittees/ 3. Canada Patent Application (Application ucm111462.htm for procedures on No. 2917545) filed 09 July 2014, HHS this product should be approved. Reference No.: E–482–2013/0–CA–03 FDA intends to make background public conduct during advisory 4. European Patent Application (Application material available to the public no later committee meetings. No. 14745037.3) filed 09 July 2014, HHS than 2 business days before the meeting. Notice of this meeting is given under Reference No.: E–482–2013/0–EP–04 If FDA is unable to post the background the Federal Advisory Committee Act (5 5. U.S. Patent Application (Allowed material on its website prior to the U.S.C. app. 2). Application No. 14/904,385) filed meeting, the background material will Dated: September 4, 2018. January 11, 2016, HHS Reference No.: E– 482–2013/0–US–05 be made publicly available at the Leslie Kux, location of the advisory committee Associate Commissioner for Policy. The patent rights in these inventions meeting, and the background material have been assigned and/or exclusively will be posted on FDA’s website after [FR Doc. 2018–19668 Filed 9–10–18; 8:45 am] BILLING CODE 4164–01–P licensed to the government of the the meeting. Background material is United States of America. available at https://www.fda.gov/ The prospective exclusive license AdvisoryCommittees/Calendar/ DEPARTMENT OF HEALTH AND territory may be where patent default.htm. Scroll down to the HUMAN SERVICES applications are filed and the field of appropriate advisory committee meeting use may be limited to ‘‘Photoactivatable link. National Institutes of Health liposomal nanoparticle for the delivery Procedure: Interested persons may of an immunotherapeutic or present data, information, or views, Prospective Grant of an Exclusive immunotherapeutic-enabling agent’’. orally or in writing, on issues pending Patent License: Photoactivatable Additional licensable fields of use are before the committee. All electronic and Liposomal Nanoparticle for the available (e.g. encapsulating imaging written submissions submitted to the Delivery of an Immunotherapeutic or agent). Docket (see ADDRESSES) on or before Immunotherapeutic-Enabling Agent October 4, 2018, will be provided to the This technology discloses a committee. Oral presentations from the AGENCY: National Institutes of Health, photoactivatable, lipid-based public will be scheduled between HHS. nanoparticles containing at least one approximately 1 p.m. and 2 p.m. Those ACTION: Notice. hydrophilic agent, wherein the agent individuals interested in making formal could be an anti-cancer agent, an SUMMARY: The National Cancer Institute, oral presentations should notify the imaging agent, or an anti-inflammatory an institute of the National Institutes of agent and the lipid bilayer wall of the contact person and submit a brief Health, Department of Health and statement of the general nature of the nanoparticle is comprised of (i) a lipid Human Services, is contemplating the bilayer comprising (a) 1,2-bis(tricosa- evidence or arguments they wish to grant of an Exclusive Patent License to present, the names and addresses of 10,12-diynoyl)-sn-glycero-3- practice the inventions embodied in the phosphocholine (DC8,9PC), (b) 1,2- proposed participants, and an Patents and Patent Applications listed indication of the approximate time distearoyl-sn-glycero-3- in the Supplementary Information phosphoethanolamine-N- requested to make their presentation on section of this notice to Nano Red LLC or before September 26, 2018. Time methoxy(polyethylene glycol) (DSPE– (‘‘Nano Red’’) located in Milwaukee, PEG) and (c) allotted for each presentation may be Wisconsin. limited. If the number of registrants dipalmitoylphosphatidylcholine requesting to speak is greater than can DATES: Only written comments and/or (DPPC), and (ii) a tetrapyrollic be reasonably accommodated during the applications for a license which are photosensitizer, 2-[1-hexyloxyethyl]-2- scheduled open public hearing session, received by the National Cancer devinyl pyropheophorbide-a (HPPH), FDA may conduct a lottery to determine Institute’s Technology Transfer Center and wherein the encapsulated agent is the speakers for the scheduled open on or before September 26, 2018 will be released by exposure to near-infrared public hearing session. The contact considered. light. person will notify interested persons ADDRESSES: Requests for copies of the This notice is made in accordance regarding their request to speak by patent application, inquiries, and with 35 U.S.C. 209 and 37 CFR part 404. September 27, 2018. comments relating to the contemplated The prospective exclusive license will Persons attending FDA’s advisory an Exclusive Patent License should be be royalty bearing, and the prospective committee meetings are advised that directed to: Jasmine Yang, Sr. Licensing exclusive license may be granted unless FDA is not responsible for providing and Patenting Manager, NCI Technology within fifteen (15) days from the date of access to electrical outlets. Transfer Center, 9609 Medical Center this published notice, the National For press inquiries, please contact the Drive, RM 1E530 MSC 9702, Bethesda, Cancer Institute receives written Office of Media Affairs at fdaoma@ MD 20892–9702 (for business mail), evidence and argument that establishes fda.hhs.gov or 301–796–4540. Rockville, MD 20850–9702 Telephone: that the grant of the license would not FDA welcomes the attendance of the (240) 276–5530; Facsimile: (240) 276– be consistent with the requirements of public at its advisory committee 5504 Email: [email protected]. 35 U.S.C. 209 and 37 CFR part 404.

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In response to this Notice, the public Closed: 1:00 p.m. to 5:00 p.m. Emphasis Panel; NIAID Clinical Trial may file comments or objections. Agenda: To review and evaluate grant Implementation Cooperative Agreement (U01 Comments and objections, other than applications. Clinical Trial Required) and NIAID SBIR those in the form of a license Place: NIH, National Eye Institute, 6700B Phase II Clinical Trial Implementation Rockledge Drive, First Floor Conference Cooperative Agreement (U44 Clinical Trial application, will not be treated Rooms, Bethesda, MD 20817. Required). confidentially, and may be made Contact Person: Paul A. Sheehy, Ph.D., publicly available. Director, Division of Extramural Affairs, Date: October 10, 2018. License applications submitted in National Eye Institute, National Institutes of Time: 11:00 a.m. to 3:00 p.m. response to this Notice will be Health, 5635 Fishers Lane, Suite 12300, Agenda: To review and evaluate grant presumed to contain business Bethesda, MD 20892, 301–451–2020, ps32h@ applications. confidential information and any release nih.gov. Place: National Institutes of Health, 5601 of information in these license Information is also available on the Fishers Lane, Rockville, MD 20892 applications will be made only as Institute’s/Center’s home page: (Telephone Conference Call). required and upon a request under the www.nei.nih.gov, where an agenda and any Contact Person: Brenda Lange-Gustafson, Freedom of Information Act, 5 U.S.C. additional information for the meeting will Ph.D., Scientific Review Officer, NIAID/NIH/ be posted when available. 552. DHHS, Scientific Review Program,5601 (Catalogue of Federal Domestic Assistance Fishers Lane, Room 3G13, Rockville, MD Dated: August 31, 2018. Program Nos. 93.867, Vision Research, 20852, 240–669–5047, bgustafson@ Richard U. Rodriguez, National Institutes of Health, HHS) niaid.nih.gov. Associate Director, Technology Transfer Dated: September 5, 2018. (Catalogue of Federal Domestic Assistance Center, National Cancer Institute. Natasha M. Copeland, Program Nos. 93.855, Allergy, Immunology, [FR Doc. 2018–19604 Filed 9–10–18; 8:45 am] Program Analyst, Office of Federal Advisory and Transplantation Research; 93.856, BILLING CODE 4140–01–P Committee Policy. Microbiology and Infectious Diseases [FR Doc. 2018–19606 Filed 9–10–18; 8:45 am] Research, National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND BILLING CODE 4140–01–P Dated: September 5, 2018. HUMAN SERVICES Natasha M. Copeland, Program Analyst, Office of Federal Advisory National Institutes of Health DEPARTMENT OF HEALTH AND HUMAN SERVICES Committee Policy. National Eye Institute; Notice of [FR Doc. 2018–19607 Filed 9–10–18; 8:45 am] Meeting National Institutes of Health BILLING CODE 4140–01–P Pursuant to section 10(d) of the National Institute of Allergy and Federal Advisory Committee Act, as Infectious Diseases; Notice of Closed DEPARTMENT OF HEALTH AND amended, notice is hereby given of a Meetings HUMAN SERVICES meeting of the National Advisory Eye Pursuant to section 10(d) of the Council. Federal Advisory Committee Act, as National Institutes of Health The meeting will be open to the amended, notice is hereby given of the public as indicated below, with following meetings. National Institute on Drug Abuse attendance limited to space available. The meetings will be closed to the Amended; Notice of Meeting Individuals who plan to attend and public in accordance with the need special assistance, such as sign provisions set forth in sections Notice is hereby given of a change in language interpretation or other 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the meeting of the National Institute on reasonable accommodations, should as amended. The grant applications and Drug Abuse Special Emphasis Panel, notify the Contact Person listed below the discussions could disclose September 25, 2018, 10:00 a.m. to in advance of the meeting. confidential trade secrets or commercial September 25, 2018, 12:00 p.m., The meeting will be closed to the property such as patentable material, National Institutes of Health, public in accordance with the and personal information concerning Neuroscience Center, 6001 Executive provisions set forth in sections individuals associated with the grant Boulevard, Rockville, MD 20852 which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which was published in the Federal Register as amended. The grant applications and would constitute a clearly unwarranted on August 15, 2018, 83 159 FR 2018– the discussions could disclose invasion of personal privacy. confidential trade secrets or commercial 17674. property such as patentable material, Name of Committee: National Institute of The meeting date was changed to and personal information concerning Allergy and Infectious Diseases Special October 9, 2018. The meeting time did Emphasis Panel; NIAID Peer Review Meeting. not change. The meeting is closed to the individuals associated with the grant Date: October 10, 2018. applications, the disclosure of which Time: 10:30 a.m. to 6:00 p.m. public. would constitute a clearly unwarranted Agenda: To review and evaluate contract Dated: September 5, 2018. invasion of personal privacy. proposals. Natasha M. Copeland, Name of Committee: National Advisory Place: National Institutes of Health, 5601 Program Analyst, Office of Federal Advisory Eye Council. Fishers Lane, Rockville, MD 20892 Date: October 12, 2018. (Telephone Conference Call). Committee Policy. Open: 8:30 a.m. to 12:00 p.m. Contact Person: Chelsea D. Boyd, Ph.D., [FR Doc. 2018–19608 Filed 9–10–18; 8:45 am] Scientific Review Officer, Scientific Review Agenda: Following opening remarks by the BILLING CODE 4140–01–P Director, NEI, there will be presentations by Program, DEA/NIAID/NIH/DHHS, 5601 the staff of the Institute and discussions Fishers Lane, MSC–9823, Rockville, MD concerning Institute programs. 20852–9834, 240–669–2081, chelsea.boyd@ Place: NIH, National Eye Institute, 6700B nih.gov. Rockledge Drive, First Floor Conference Name of Committee: National Institute of Rooms, Bethesda, MD 20817. Allergy and Infectious Diseases Special

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DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 6183, Agenda: To review and evaluate grant HUMAN SERVICES MSC 7804, Bethesda, MD 20892, 301–495– applications. 1213, [email protected]. Place: Hotel Zoe Fisherman’s Wharf, 425 National Institutes of Health Name of Committee: Cardiovascular and North Point Street, San Francisco, CA 94133. Respiratory Sciences Integrated Review Contact Person: Baljit S. Moonga, Ph.D., Center for Scientific Review; Notice of Group; Lung Injury, Repair, and Remodeling Scientific Review Officer, Center for Closed Meetings Study Section. Scientific Review, National Institutes of Date: October 9–10, 2018. Health, 6701 Rockledge Drive, Room 4214, Pursuant to section 10(d) of the Time: 8:00 a.m. to 5:00 p.m. MSC 7806, Bethesda, MD 20892, 301–435– Federal Advisory Committee Act, as Agenda: To review and evaluate grant 1777, [email protected]. amended, notice is hereby given of the applications. Name of Committee: Biological Chemistry following meetings. Place: Embassy Suites at the Chevy Chase and Macromolecular Biophysics Integrated The meetings will be closed to the Pavilion, 4300 Military Road NW, Review Group; Macromolecular Structure Washington, DC 20015. public in accordance with the and Function D Study Section. Contact Person: Ghenima Dirami, Ph.D., Date: October 10, 2018. provisions set forth in sections Scientific Review Officer, Center for Time: 8:00 a.m. to 8:00 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institutes of Agenda: To review and evaluate grant as amended. The grant applications and Health, 6701 Rockledge Drive, Room 4122, applications. the discussions could disclose MSC 7814, Bethesda, MD 20892, 240–498– Place: Hyatt Regency Bethesda, One confidential trade secrets or commercial 7546, [email protected]. Bethesda Metro Center, 7400 Wisconsin property such as patentable material, Name of Committee: Bioengineering Avenue, Bethesda, MD 20814. and personal information concerning Sciences & Technologies Integrated Review Contact Person: James W. Mack, Ph.D., individuals associated with the grant Group; Instrumentation and Systems Scientific Review Officer, Center for applications, the disclosure of which Development Study Section. Scientific Review, National Institutes of Date: October 10–11, 2018. Health, 6701 Rockledge Drive, Room 4154, would constitute a clearly unwarranted Time: 8:00 a.m. to 5:00 p.m. MSC 7806, Bethesda, MD 20892, (301) 435– invasion of personal privacy. Agenda: To review and evaluate grant 2037, [email protected]. Name of Committee: Immunology applications. Name of Committee: Population Sciences Integrated Review Group; Transplantation, Place: Courtyard by Marriott, 5520 and Epidemiology Integrated Review Group; Tolerance, and Tumor Immunology Study Wisconsin Avenue, Chevy Chase, MD 20815. Behavioral Genetics and Epidemiology Study Section. Contact Person: Ross D. Shonat, Ph.D., Section. Date: October 4, 2018. Scientific Review Officer, Center for Date: October 10, 2018. Time: 8:00 a.m. to 7:00 p.m. Scientific Review, National Institutes of Time: 8:30 a.m. to 6:00 p.m. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5170, Agenda: To review and evaluate grant applications. MSC 7849, Bethesda, MD 20892, 301–435– applications. Place: Hilton Garden Inn Washington, DC 2786, [email protected]. Place: St. Gregory Hotel, 2033 M Street Franklin Square, 815 14th Street NW, Name of Committee: Surgical Sciences, NW, Washington, DC 20036. Washington, DC 20005. Biomedical Imaging and Bioengineering Contact Person: Suzanne Ryan, Ph.D., Contact Person: Jin Huang, Ph.D., Integrated Review Group; Biomedical Scientific Review Officer, Center for Scientific Review Officer, Center for Imaging Technology B Study Section. Scientific Review, National Institutes of Scientific Review, National Institutes of Date: October 10–11, 2018. Health, 6701 Rockledge Drive, Room 3139, Health, 6701 Rockledge Drive, Room 4199, Time: 8:00 a.m. to 6:00 p.m. MSC 7770, Bethesda, MD 20892, (301) 435– MSC 7812, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant 1712, [email protected]. 1230, [email protected]. applications. (Catalogue of Federal Domestic Assistance Name of Committee: Molecular, Cellular Place: The Westgate Hotel, 1055 Second Program Nos. 93.306, Comparative Medicine; and Developmental Neuroscience Integrated Avenue, San Diego, CA 92101. 93.333, Clinical Research, 93.306, 93.333, Review Group; Synapses, Cytoskeleton and Contact Person: Mehrdad Mohseni, MD, 93.337, 93.393–93.396, 93.837–93.844, Trafficking Study Section. Scientific Review Officer, Center for 93.846–93.878, 93.892, 93.893, National Date: October 4–5, 2018. Scientific Review, National Institutes of Institutes of Health, HHS) Time: 9:00 a.m. to 3:30 p.m. Health, 6701 Rockledge Drive, Room 5211, Dated: September 5, 2018. Agenda: To review and evaluate grant MSC 7854, Bethesda, MD 20892, 301–435– applications. 0484, [email protected]. Natasha M. Copeland, Place: Embassy Suites Alexandria Old Name of Committee: Interdisciplinary Program Analyst, Office of Federal Advisory Town, 1900 Diagonal Road, Alexandria, VA Molecular Sciences and Training Integrated Committee Policy. 22314. Review Group; Cellular and Molecular [FR Doc. 2018–19605 Filed 9–10–18; 8:45 am] Contact Person: Christine A. Piggee, Ph.D., Technologies Study Section. BILLING CODE 4140–01–P Scientific Review Officer, Center for Date: October 10–11, 2018. Scientific Review, National Institutes of Time: 8:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 4186, Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, 301–435– applications. DEPARTMENT OF HEALTH AND 0657, [email protected]. Place: National 4–H Conference Center, HUMAN SERVICES 7100 Connecticut Ave., Chevy Chase, MD Name of Committee: Vascular and National Institutes of Health Hematology Integrated Review Group; 20815. Contact Person: Tatiana V. Cohen, Ph.D., Molecular and Cellular Hematology Study National Institute of Neurological Section. Scientific Review Officer, Center for Date: October 9–10, 2018. Scientific Review, National Institutes of Disorders and Stroke; Notice of Closed Time: 8:00 a.m. to 4:00 p.m. Health, 6701 Rockledge Drive, Room 5213, Meetings Agenda: To review and evaluate grant Bethesda, MD 20892, 301–455–2364, [email protected]. Pursuant to section 10(d) of the applications. Federal Advisory Committee Act, as Place: Embassy Suites at the Chevy Chase Name of Committee: Musculoskeletal, Oral Pavilion, 4300 Military Road NW, and Skin Sciences Integrated Review Group; amended, notice is hereby given of the Washington, DC 20015. Musculoskeletal Tissue Engineering Study following meetings. Contact Person: Luis Espinoza, Ph.D., Section. The meetings will be closed to the Scientific Review Officer, Center for Date: October 10–11, 2018. public in accordance with the Scientific Review, National Institutes of Time: 8:00 a.m. to 2:00 p.m. provisions set forth in sections

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552b(c)(4) and 552b(c)(6), Title 5 U.S.C., DEPARTMENT OF HOMELAND address listed in the table below. as amended. The grant applications and SECURITY Additionally, the current effective FIRM the discussions could disclose and FIS report for each community are confidential trade secrets or commercial Federal Emergency Management accessible online through the FEMA property such as patentable material, Agency Map Service Center at https:// and personal information concerning [Docket ID FEMA–2018–0002; Internal msc.fema.gov for comparison. individuals associated with the grant Agency Docket No. FEMA–B–1848] Submit comments and/or appeals to applications, the disclosure of which the Chief Executive Officer of the would constitute a clearly unwarranted Changes in Flood Hazard community as listed in the table below. invasion of personal privacy. Determinations FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering Services Name of Committee: National Institute of AGENCY: Federal Emergency Branch, Federal Insurance and Neurological Disorders and Stroke Special Management Agency, DHS. Emphasis Panel; R13 Review (Virtual Mitigation Administration, FEMA, 400 Meeting). ACTION: Notice. C Street SW, Washington, DC 20472, Date: October 11–12, 2018. SUMMARY: This notice lists communities (202) 646–7659, or (email) Time: 9:00 a.m. to 5:00 p.m. [email protected]; or visit Agenda: To review and evaluate grant where the addition or modification of applications. Base Flood Elevations (BFEs), base flood the FEMA Map Information eXchange Place: National Institutes of Health, (FMIX) online at https:// depths, Special Flood Hazard Area _ Neuroscience Center, 6001 Executive (SFHA) boundaries or zone www.floodmaps.fema.gov/fhm/fmx Boulevard, Rockville, MD 20852 (Virtual designations, or the regulatory floodway main.html. Meeting). SUPPLEMENTARY INFORMATION: The Contact Person: Ernest W. Lyons, Ph.D., (hereinafter referred to as flood hazard Chief, Scientific Review Branch, NINDS/ determinations), as shown on the Flood specific flood hazard determinations are NIH/DHHS, Neuroscience Center, 6001 Insurance Rate Maps (FIRMs), and not described for each community in Executive Blvd., Suite 3208, MSC 9529, where applicable, in the supporting this notice. However, the online Bethesda, MD 20892–9529, (301) 496–4056, Flood Insurance Study (FIS) reports, location and local community map [email protected]. prepared by the Federal Emergency repository address where the flood Name of Committee: National Institute of Management Agency (FEMA) for each hazard determination information is Neurological Disorders and Stroke Special community, is appropriate because of available for inspection is provided. Emphasis Panel; Translational and Next new scientific or technical data. The Any request for reconsideration of Generation Brain Device Review. FIRM, and where applicable, portions of flood hazard determinations must be Date: October 22, 2018. submitted to the Chief Executive Officer Time: 8:00 a.m. to 6:00 p.m. the FIS report, have been revised to Agenda: To review and evaluate grant reflect these flood hazard of the community as listed in the table applications. determinations through issuance of a below. Place: Renaissance Arlington Capital View, Letter of Map Revision (LOMR), in The modifications are made pursuant 2800 South Potomac Avenue, Arlington, VA accordance with Federal Regulations. to section 201 of the Flood Disaster 22202. The LOMR will be used by insurance Protection Act of 1973, 42 U.S.C. 4105, Contact Person: Joel A. Saydoff, Ph.D., agents and others to calculate and are in accordance with the National Scientific Review Officer, Scientific Review appropriate flood insurance premium Flood Insurance Act of 1968, 42 U.S.C. Branch, NINDS/NIH/DHHS, Neuroscience rates for new buildings and the contents 4001 et seq., and with 44 CFR part 65. Center, 6001 Executive Blvd., Suite 3205, The FIRM and FIS report are the basis MSC 9529, Bethesda, MD 20892–9529, (301) of those buildings. For rating purposes, 496–9223, [email protected]. the currently effective community of the floodplain management measures that the community is required either to Name of Committee: National Institute of number is shown in the table below and Neurological Disorders and Stroke Initial must be used for all new policies and adopt or to show evidence of having in Review Group; Neurological Sciences and renewals. effect in order to qualify or remain Disorders B. qualified for participation in the DATES: These flood hazard Date: October 25–26, 2018. National Flood Insurance Program Time: 8:00 a.m. to 6:00 p.m. determinations will be finalized on the (NFIP). Agenda: To review and evaluate grant dates listed in the table below and These flood hazard determinations, applications. revise the FIRM panels and FIS report together with the floodplain Place: The Alexandrian, 480 King Street, in effect prior to this determination for management criteria required by 44 CFR Alexandria, VA 22314. the listed communities. 60.3, are the minimum that are required. Contact Person: Birgit Neuhuber, Ph.D., From the date of the second Scientific Review Officer, Scientific Review They should not be construed to mean publication of notification of these that the community must change any Branch, NINDS/NIH/DHHS, Neuroscience changes in a newspaper of local Center, 6001 Executive Blvd., Suite 3202, existing ordinances that are more MSC 9529, Bethesda, MD 20892–9529, (301) circulation, any person has 90 days in stringent in their floodplain 496–9223, [email protected]. which to request through the management requirements. The (Catalogue of Federal Domestic Assistance community that the Deputy Associate community may at any time enact Program Nos. 93.853, Clinical Research Administrator for Insurance and stricter requirements of its own or Related to Neurological Disorders; 93.854, Mitigation reconsider the changes. The pursuant to policies established by other Biological Basis Research in the flood hazard determination information Federal, State, or regional entities. The Neurosciences, National Institutes of Health, may be changed during the 90-day HHS) flood hazard determinations are in period. accordance with 44 CFR 65.4. Dated: September 4, 2018. ADDRESSES: The affected communities The affected communities are listed in Sylvia L. Neal, are listed in the table below. Revised the following table. Flood hazard Program Analyst, Office of Federal Advisory flood hazard information for each determination information for each Committee Policy. community is available for inspection at community is available for inspection at [FR Doc. 2018–19609 Filed 9–10–18; 8:45 am] both the online location and the both the online location and the BILLING CODE 4140–01–P respective community map repository respective community map repository

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address listed in the table below. (Catalog of Federal Domestic Assistance No. Additionally, the current effective FIRM 97.022, ‘‘Flood Insurance.’’) and FIS report for each community are David I. Maurstad, accessible online through the FEMA Deputy Associate Administrator for Insurance Map Service Center at https:// and Mitigation, Department of Homeland msc.fema.gov for comparison. Security, Federal Emergency Management Agency.

Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

Alabama: Madison ...... City of Madison The Honorable Paul Fin- Engineering Department, https://msc.fema.gov/portal/ Nov. 8, 2018 ...... 010308 (17–04–4981P). ley, Mayor, City of 100 Hughes Road, advanceSearch. Madison, 100 Hughes Madison, AL 35758. Road, Madison, AL 35758. Shelby ...... City of Helena The Honorable Mark R. City Hall, 816 State Route https://msc.fema.gov/portal/ Nov. 10, 2018 .... 010294 (18–04–2020P). Hall, Mayor, City of Hel- 82, Helena, AL 35080. advanceSearch. ena, 816 Highway 52 East, Helena, AL 35080. Colorado: Boulder ...... City of Boulder, The Honorable Suzanne City Hall, 1777 Broadway https://msc.fema.gov/portal/ Nov. 5, 2018 ...... 080024 (17–08–1389P). Jones, Mayor, City of Street, Boulder, CO advanceSearch. Boulder, P.O. Box 791, 80302. Boulder, CO 80306. Boulder ...... Unincorporated The Honorable Cindy Boulder County Transpor- https://msc.fema.gov/portal/ Nov. 5, 2018 ...... 080023 areas of Boul- Domenico, Chair, Boul- tation Department, 2525 advanceSearch. der County, der County Board of 13th Street, Suite 203, (17–08–1389P). Commissioners, P.O. Boulder, CO 80304. Box 471, Boulder, CO 80306. Douglas ...... Unincorporated The Honorable Lora Douglas County Public https://msc.fema.gov/portal/ Nov. 9, 2018 ...... 080049 areas of Doug- Thomas, Chair, Doug- Works Department, En- advanceSearch. las County, las County Board of gineering Division, 100 (17–08–1321P). Commissioners, 100 3rd Street, Castle Rock, 3rd Street, Castle Rock, CO 80104. CO 80104. Connecticut: Fair- Town of Darien, The Honorable Jayme J. Planning and Zoning De- https://msc.fema.gov/portal/ Nov. 13, 2018 .... 090005 field (18–01–1237P). Stevenson, First partment, 2 Renshaw advanceSearch. Selectwoman, Town of Road, Darien, CT Darien Board of Select- 06820. men, 2 Renshaw Road, Darien, CT 06820. Florida: Monroe ...... Unincorporated The Honorable David Monroe County Building https://msc.fema.gov/portal/ Oct. 31, 2018 ..... 125129 areas of Mon- Rice, Mayor, Monroe Department, 2798 advanceSearch. roe County, County Board of Com- Overseas Highway, (18–04–4286P). missioners, 9400 Over- Suite 300, Marathon, seas Highway, Suite FL 33050. 210, Marathon, FL 33050. Monroe ...... Unincorporated The Honorable David Monroe County Building https://msc.fema.gov/portal/ Nov. 13, 2018 .... 125129 areas of Mon- Rice, Mayor, Monroe Department, 2798 advanceSearch. roe County, County Board of Com- Overseas Highway, (18–04–4294P). missioners, 9400 Over- Suite 300, Marathon, seas Highway, Suite FL 33050. 210, Marathon, FL 33050. Orange ...... City of Orlando The Honorable Buddy Information Technology https://msc.fema.gov/portal/ Nov. 9, 2018 ...... 120186 (17–04–3097P). Dyer, Mayor, City of Or- Division, 400 South Or- advanceSearch. lando, P.O. Box 4990, ange Avenue, 8th Floor, Orlando, FL 32802. Orlando, FL 32801. Sarasota ...... Unincorporated The Honorable Nancy Sarasota County Planning https://msc.fema.gov/portal/ Nov. 14, 2018 .... 125144 areas of Sara- Detert, Chair, Sarasota and Development Serv- advanceSearch. sota County, County Board of Com- ices Department, 1001 (18–04–3612P). missioners, 1660 Ring- Sarasota Center Boule- ling Boulevard, Sara- vard, Sarasota, FL sota, FL 34236. 34240. Kentucky: Hopkins ...... City of Mortons The Honorable Chris Hopkins County Joint https://msc.fema.gov/portal/ Oct. 18, 2018 ..... 210116 Gap, (18–04– Phelps, Mayor, City of Planning Commission, advanceSearch. 0717P). Mortons Gap, P.O. Box 10 South Main Street, 367, Mortons Gap, KY Room 12, Madisonville, 42440. KY 42431. Hopkins ...... Unincorporated The Honorable Donald E. Hopkins County Joint https://msc.fema.gov/portal/ Oct. 18, 2018 ..... 210112 areas of Hop- Carroll, Hopkins County Planning Commission, advanceSearch. kins County Judge-Executive, 56 10 South Main Street, (18–04–0717P). North Main Street, Mad- Room 12, Madisonville, isonville, KY 42431. KY 42431.

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Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

Jefferson ...... Louisville-Jeffer- The Honorable Greg Louisville-Jefferson Coun- https://msc.fema.gov/portal/ Nov. 13, 2018 .... 210120 son County Fischer, Mayor, Louis- ty Metropolitan Sewer advanceSearch. Metro Govern- ville-Jefferson County District, 700 West Lib- ment (18–04– Metro, Government, erty Street, Louisville, 3582P). 527 West Jefferson KY 40203. Street, Louisville, KY 40202. Massachusetts: City of Quincy, The Honorable Thomas City Hall, 1305 Hancock https://msc.fema.gov/portal/ Nov. 9, 2018 ...... 255219 Norfolk (18–01–0033P). P. Koch, Mayor, City of Street, Quincy, MA advanceSearch. Quincy, 1305 Hancock 02169. Street, Quincy, MA 02169. New Mexico: Bernalillo ...... City of Albu- The Honorable Timothy Planning Department, 600 https://msc.fema.gov/portal/ Nov. 20, 2018 .... 350002 querque, (18– M. Keller, Mayor, City 2nd Street Northwest, advanceSearch. 06–2124P). of Albuquerque, P.O. Albuquerque, NM Box 1293, Albuquerque, 87102. NM 87103. Santa Fe ...... Unincorporated Ms. Katherine Miller, Man- Santa Fe County Building https://msc.fema.gov/portal/ Nov. 13, 2018 .... 350069 areas of Santa ager, Santa Fe County, and Development Serv- advanceSearch. Fe County, 102 Grant Avenue, ices Department, 102 (18–06–0707P). Santa Fe, NM 87501. Grant Avenue, Santa Fe, NM 87501. North Carolina: Duplin ...... Unincorporated The Honorable Jesse Duplin County Planning, https://msc.fema.gov/portal/ Oct. 26, 2018 ..... 370083 areas of Duplin Dowe, Chairman, Department, 117 advanceSearch. County, (18– Duplin County Board of Beasley Street, 04–2016P). Commissioners, 224 Kenansville, NC 28349. Seminary Street, Kenansville, NC 28349. Greene ...... Unincorporated The Honorable Bennie Greene County Depart- https://msc.fema.gov/portal/ Oct. 5, 2018 ...... 370378 areas of Heath, Chairman, ment of Building In- advanceSearch. Greene Coun- Greene County Board spections, 104 Hines ty, (18–04– of Commissioners, 229 Street, Snow Hill, NC 2055P). Kingold Boulevard, 28580. Suite D, Snow Hill, NC 28580. Macon ...... Unincorporated The Honorable James P. Macon County Planning https://msc.fema.gov/portal/ Nov. 8, 2018 ...... 370150 areas of Tate, Chairman, Macon Department, 5 West advanceSearch. Macon County, County, Board of Com- Main Street, Franklin, (17–04–8013P). missioners, 5 West NC 28734. Main Street, Franklin, NC 28734. Pitt ...... Unincorporated The Honorable Mark W. Pitt County Planning De- https://msc.fema.gov/portal/ Oct. 5, 2018 ...... 370372 areas of Pitt Owens, Jr., Chairman, partment, 1717 West advanceSearch. County, (18– Pitt County Board of 5th Street, Greenville, 04–2055P). Commissioners, 1717 NC 27834. West 5th Street, Green- ville, NC 27834. Ohio: Warren ...... Unincorporated The Honorable Tom Warren County Building https://msc.fema.gov/portal/ Nov. 15, 2018 .... 390757 areas of War- Grossmann, Chairman, Department, 406 Jus- advanceSearch. ren County, Warren County Board tice Drive, Lebanon, OH (18–05–0549P). of Commissioners, 406 45036. Justice Drive, Lebanon, OH 45036. Warren ...... Village of Corwin, The Honorable Dennis R Zoning Department, 6050 https://msc.fema.gov/portal/ Nov. 15, 2018 .... 390555 (18–05–0549P). Oszakiewski, Mayor, North Clarksville Road, advanceSearch. Village of Corwin, 946 Waynesville, OH 45068. Corwin Avenue, Corwin, OH 45068. Warren ...... Village of The Honorable Dave Municipal Building, 1400 https://msc.fema.gov/portal/ Nov. 15, 2018 .... 390565 Waynesville, Stubbs, Mayor, Village Lytle Road, advanceSearch. (18–05–0549P). of Waynesville, 1400 Waynesville, OH 45068. Lytle Road, Waynesville, OH 45068. Pennsylvania: Lebanon ...... Township of The Honorable Thomas Township Hall, 60 North https://msc.fema.gov/portal/ Nov. 2, 2018 ...... 421805 Jackson, (18– M. Houtz, Chairman, Ramona Road, Myers- advanceSearch. 03–1094P). Township of Jackson town, PA 17067. Board of Supervisors, 60 North Ramona Road, Myerstown, PA 17067. Lebanon ...... Township of The Honorable Donald Township Hall, 81 East https://msc.fema.gov/portal/ Nov. 2, 2018 ...... 420574 Millcreek, (18– Leibig, Chairman, Alumni Avenue, advanceSearch. 03–1094P). Township of Millcreek Newmanstown, PA Board of Supervisors, 17073. 81 East Alumni Avenue, Newmanstown, PA 17073.

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Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

Rhode Island: Town of Narra- The Honorable Susan Department of Community https://msc.fema.gov/portal/ Nov. 19, 2018 .... 445402 Washington gansett, (18– Cicilline-Buonanno, Development, 25 5th advanceSearch. 01–0820P). President, Town of Nar- Avenue, Narragansett, ragansett Council, 25 RI 02882. 5th Avenue, Narragan- sett, RI 02882. South Carolina: Berkeley ...... Unincorporated The Honorable William W. Berkeley County Planning https://msc.fema.gov/portal/ Dec. 10, 2018 .... 450029 areas of Peagler, III, Supervisor, and Zoning Depart- advanceSearch. Berkeley Berkeley County, P.O. ment, 1003 Highway County, (17– Box 6122, Moncks Cor- 52, Moncks Corner, SC 04–6038P). ner, SC 29461. 29461. Berkeley ...... Unincorporated The Honorable William W. Berkeley County Planning https://msc.fema.gov/portal/ Dec. 10, 2018 .... 450029 areas of Peagler, III, Supervisor, and Zoning Depart- advanceSearch. Berkeley Berkeley County, P.O. ment, 1003 Highway County, (18– Box 6122, Moncks Cor- 52, Moncks Corner, SC 04–3971P). ner, SC 29461. 29461. South Dakota: Pennington ..... City of Rapid The Honorable Steve Public Works Department, https://msc.fema.gov/portal/ Nov. 2, 2018 ...... 465420 City, (18–08– Allender, Mayor, City of Engineering Services advanceSearch. 0082P). Rapid City, 300 6th Division, 300 6th Street, Street, Rapid City, SD Rapid City, SD 57701. 57701. Pennington ..... Unincorporated The Honorable Lloyd Pennington County Plan- https://msc.fema.gov/portal/ Nov. 2, 2018 ...... 460064 areas of Pen- LaCroix, Chairman, ning Department, 130 advanceSearch. nington Coun- Pennington County Kansas City Street, ty, (18–08– Board of Commis- Suite 200, Rapid City, 0082P). sioners, 130 Kansas SD 57701. City Street, Suite 100, Rapid City, SD 57701. Texas: Bexar ...... City of San Anto- The Honorable Ron Transportation and Cap- https://msc.fema.gov/portal/ Oct. 22, 2018 ..... 480045 nio, (17–06– Nirenberg, Mayor, City ital Improvements De- advanceSearch. 3967P). of San Antonio, P.O. partment, Storm Water Box 839966, San Anto- Division, 1901 South nio, TX 78283. Alamo Street, 2nd Floor, San Antonio, TX 78204. Bexar ...... City of San Anto- The Honorable Ron Transportation and Cap- https://msc.fema.gov/portal/ Oct. 22, 2018 ..... 480045 nio, (18–06– Nirenberg, Mayor, City ital Improvements De- advanceSearch. 0180P). of San Antonio, P.O. partment, Storm Water Box 839966, San Anto- Division, 1901 South nio, TX 78283. Alamo Street, 2nd Floor, San Antonio, TX 78204. Bexar ...... Unincorporated The Honorable Nelson W. Bexar County Public https://msc.fema.gov/portal/ Nov. 5, 2018 ...... 480035 areas of Bexar Wolff, Bexar County Works Department, 233 advanceSearch. County, (18– Judge, 101 West Nueva North Pecas-La Trini- 06–2600X). Street, 10th Floor, San dad Street, Suite 420, Antonio, TX 78205. San Antonio, TX 78207. Dallas ...... City of Coppell, The Honorable Karen Engineering Department, https://msc.fema.gov/portal/ Oct. 22, 2018 ..... 480170 (18–06–0712P). Hunt, Mayor, City of 255 Parkway Boule- advanceSearch. Coppell, 255 Parkway vard, Coppell, TX Boulevard, Coppell, TX 75019. 75019. Dallas ...... City of Dallas, The Honorable Michael S. Floodplain and Drainage https://msc.fema.gov/portal/ Oct. 22, 2018 ..... 480171 (17–06–4026P). Rawlings, Mayor, City Management Depart- advanceSearch. of Dallas, 1500 Marilla ment, 320 East Jeffer- Street, Suite 5EN, Dal- son Street, Suite 307, las, TX 75201. Dallas, TX 75203. Dallas ...... City of University The Honorable Olin Bur- Peek Service Center, https://msc.fema.gov/portal/ Nov. 5, 2018 ...... 480189 Park, (18–06– nett Lane, Jr., Mayor, 4420 Worcola Street, advanceSearch. 0033P). City of University Park, Dallas, TX 75206. 3800 University Boule- vard, University Park, TX 75205. Dallas ...... Town of Highland The Honorable Margo Engineering Department, https://msc.fema.gov/portal/ Nov. 5, 2018 ...... 480178 Park (18–06– Goodwin, Mayor, Town 4700 Drexel Drive, advanceSearch. 0033P). of Highland Park, 4700 Highland Park, TX Drexel Drive, Highland 75205. Park, TX 75205. Denton ...... City of Denton, The Honorable Chris A. Engineering Services De- https://msc.fema.gov/portal/ Nov. 7, 2018 ...... 480194 (18–06–0017P). Watts, Mayor, City of partment, 901–A Texas advanceSearch. Denton, 215 East Street, Denton, TX McKinney Street, Suite 76509. 100, Denton, TX 76201. Denton ...... Town of Mr. Michael Montgomery, Town Hall, 1941 East https://msc.fema.gov/portal/ Nov. 26, 2018 .... 481501 Bartonville, Town of Bartonville Ad- Jeter Road, Bartonville, advanceSearch. (18–06–0630P). ministrator, 1941 East TX 76226. Jeter Road, Bartonville, TX 76226.

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Location and Chief executive Community map Online location of Date of Community State and county case No. officer of community repository letter of map revision modification No.

Denton ...... Town of Flower The Honorable Steve Town Hall, 1001 Cross https://msc.fema.gov/portal/ Nov. 26, 2018 .... 480777 Mound, (18– Dixon, Mayor, Town of Timbers Road, Suite advanceSearch. 06–0630P). Flower Mound, 2121 2330, Flower Mound, Cross Timbers Road, TX 75028. Flower Mound, TX 75028. Harris ...... Unincorporated The Honorable Edward M. Harris County Permit De- https://msc.fema.gov/portal/ Oct. 29, 2018 ..... 480287 areas of Harris Emmett, Harris County partment, 10555 North- advanceSearch. County, (18– Judge, 1001 Preston west Freeway, Suite 06–0774P). Street, Suite 911, Hous- 120, Houston, TX ton, TX 77002. 77002. Harris ...... Unincorporated The Honorable Edward M. Harris County Permit De- https://msc.fema.gov/portal/ Oct. 29, 2018 ..... 480287 areas of Harris Emmett, Harris County partment, 10555 North- advanceSearch. County, (18– Judge, 1001 Preston west Freeway, Suite 06–1830P). Street, Suite 911, Hous- 120, Houston, TX ton, TX 77002. 77002. McLennan ...... City of Waco, Mr. Wiley Stem III, Man- Public Works Department, https://msc.fema.gov/portal/ Nov. 13, 2018 .... 480461 (17–06–4092P). ager, City of Waco, 300 300 Austin Avenue, advanceSearch. Austin Avenue, Waco, Waco, TX 76702. TX 76702. Midland ...... City of Midland, Mr. Courtney Sharp, Man- City Hall, 300 North Lo- https://msc.fema.gov/portal/ Nov. 5, 2018 ...... 480477 (18–06–1903P). ager, City of Midland, raine Street, Midland, advanceSearch. 300 North Loraine TX 79701. Street, Midland, TX 79701. Midland ...... Unincorporated The Honorable Michael R. Midland County Depart- https://msc.fema.gov/portal/ Nov. 5, 2018 ...... 481239 areas of Mid- Bradford, Midland ment of Emergency advanceSearch. land County, County Judge, 500 Management, 500 (18–06–1903P). North Loraine Street, North Loraine Street, Suite 1100, Midland, TX Suite 1100, Midland, TX 79701. 79701. Montgomery ... Unincorporated The Honorable Craig B. Montgomery County Com- https://msc.fema.gov/portal/ Oct. 29, 2018 ..... 480483 areas of Mont- Doyal, Montgomery missioners Court Build- advanceSearch. gomery Coun- County Judge, 501 ing, 501 North Thomp- ty, (18–06– North Thompson Street, son Street, Suite 103, 1830P). Suite 401, Conroe, TX Conroe, TX 77301. 77301. Tarrant ...... City of Grape- The Honorable William D. City Hall, 200 South Main https://msc.fema.gov/portal/ Oct. 22, 2018 ..... 480598 vine, (18–06– Tate, Mayor, City of Street, Grapevine, TX advanceSearch. 0712P). Grapevine, P.O. Box 76099. 95104, Grapevine, TX 76099. Wilson ...... Unincorporated The Honorable Richard L. Wilson County Emer- https://msc.fema.gov/portal/ Nov. 23, 2018 .... 480230 areas of Wil- Jackson, Wilson County gency Management Di- advanceSearch. son County, Judge, 1420 3rd Street, vision, 800 10th Street, (18–06–2146P). Suite 101, Floresville, Building B, Floresville, TX 78114. TX 78114. Virginia: Prince Wil- Unincorporated Mr. Christopher E. Prince William County De- https://msc.fema.gov/portal/ Nov. 15, 2018 .... 510119 liam areas of Prince Martino, Prince William partment of Public advanceSearch. William Coun- County Executive, 1 Works, Watershed ty, (18–03– County Complex Court, Management Branch, 5 0611P). Prince William, VA County Complex Court, 22192. Prince William, VA 22192. Wyoming: Teton Unincorporated The Honorable Mark Teton County Public https://msc.fema.gov/portal/ Nov. 1, 2018 ...... 560094 areas of Teton Newcomb, Chairman, Works Department, 320 advanceSearch. County, (18– Teton County Board of South King Street, 08–0225P). Commissioners, P.O. Jackson, WY 83001. Box 3594, Jackson, WY 83001.

[FR Doc. 2018–19616 Filed 9–10–18; 8:45 am] DEPARTMENT OF HOUSING AND SUMMARY: HUD is seeking approval from BILLING CODE 9110–12–P URBAN DEVELOPMENT the Office of Management and Budget (OMB) for the information collection [Docket No. FR–7006–N–09] described below. In accordance with the Paperwork Reduction Act, HUD is 60-Day Notice of Proposed Information requesting comment from all interested Collection: Public Housing Reform parties on the proposed collection of Act: Changes to Admission and information. The purpose of this notice Occupancy Requirements is to allow for 60 days of public comment. AGENCY: Office of the Assistant DATES: Comments Due Date: November Secretary for Public and Indian 13, 2018. Housing, PIH, HUD. ADDRESSES: Interested persons are ACTION: Notice. invited to submit comments regarding this proposal. Comments should refer to

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the proposal by name and/or OMB reporting requirements on the number (2) The accuracy of the agency’s Control Number and should be sent to: of over-income families residing in estimate of the burden of the proposed Colette Pollard, Reports Management public housing and the total number of collection of information; Officer, QDAM, Department of Housing families on the public housing waiting (3) Ways to enhance the quality, and Urban Development, 451 7th Street lists at the end of each reporting year. utility, and clarity of the information to SW, Room 4176, Washington, DC The purpose of the admission and be collected; and 20410–5000; telephone 202–402–3400 occupancy policy requirement is to (4) Ways to minimize the burden of (this is not a toll-free number) or email ensure that public housing agencies the collection of information on those at [email protected] for a copy of have written documentation of their who are to respond; including through the proposed forms or other available respective admission and occupancy the use of appropriate automated information. Persons with hearing or policies for both the public and the collection techniques or other forms of speech impairments may access this Department of Housing and Urban information technology, e.g., permitting number through TTY by calling the toll- Development (HUD). Public housing electronic submission of responses. free Federal Relay Service at (800) 877– authorities must have on hand and HUD encourages interested parties to 8339. available for inspection, policies related submit comment in response to these FOR FURTHER INFORMATION CONTACT: to admission and occupancy, to respond questions. Arlette Mussington, Office of Policy, to inquiries from tenants, legal-aid C. Authority Programs and Legislative Initiatives, services, HUD, and other interested PIH, Department of Housing and Urban parties informally or through the Section 3507 of the Paperwork Development, 451 7th Street SW Freedom of Information Act of policies Reduction Act of 1995, 44 U.S.C. (L’Enfant Plaza, Room 2206), relating to eligibility for admission and Chapter 35. Washington, DC 20410; telephone 202– continued occupancy, local preferences, Dated: August 27, 2018. 402–4109 (this is not a toll-free income limitations, and rent Merrie Nichols-Dixon, number). Persons with hearing or determination. HOTMA now requires Director, Office of Policy, Program and speech impairments may access this PHAs to make a one-time update to their Legislative Initiatives. number via TTY by calling the Federal Admission and Occupancy policy to [FR Doc. 2018–19706 Filed 9–10–18; 8:45 am] Information Relay Service at (800) 877– apply local over-income limits, and BILLING CODE 4210–67–P 8339. Copies of available documents annually report on the number of over- submitted to OMB may be obtained income families living in their public from Ms. Mussington. housing units as well as the number of DEPARTMENT OF HOUSING AND families on the public housing waiting SUPPLEMENTARY INFORMATION: This URBAN DEVELOPMENT list. notice informs the public that HUD is Revisions are made to this collection [Docket No. FR–7007–N–04] seeking approval from OMB for the to reflect adjustments in calculations information collection described in 60-Day Notice of Proposed Information based on the total number of current, Section A. Collection: 2019 American Housing active public housing agencies (PHAs) Survey A. Overview of Information Collection to date. The number of active public Title of Information Collection: Public housing agencies has changed from AGENCY: Office of Policy Development Housing Reform Act: Changes to 3,946 to 2,897 since the last approved and Research, HUD. Admission and Occupancy information collection which ACTION: Notice. Requirements. inadvertently also included voucher SUMMARY: The Department of Housing OMB Approval Number: 2577–0230. only PHAs. In general, the number of Type of Request: Revision of currently PHAs can fluctuate due to many factors, and Urban Development (HUD) is approved collection. including but not limited to the merging seeking approval from the Office of Form Number: N/A. of two or more PHAs or the termination Management and Budget (OMB) for the Description of the need for the of the public housing programs due to information collection described below. information and proposed use: the Rental Assistance Demonstration. In accordance with the Paperwork This collection of information Respondents (i.e., affected public): Reduction Act, HUD is requesting implements changes to the admission State, Local or Tribal Government. comment from all interested parties on and occupancy requirements for the Estimated Number of Respondents: the proposed collection of information. public housing program made by the 2,897. The purpose of this notice is to allow for Quality Housing and Work Estimated Number of Responses: 60 days of public comment. Responsibility (QHWRA) Act of 1998 2,897. DATES: Comments Due Date: November (Title V of the FY 1999 HUD Frequency of Response: 1. 13, 2018. appropriations Act, Pub. L. 105–276, Average Hours per Response: 24. ADDRESSES: Interested persons are 112 Stat. 2518, approved October 21, Total Estimated Burdens: 69,528. invited to submit comments regarding 1998), and the Housing Opportunity this proposal. Comments should refer to B. Solicitation of Public Comment Through Modernization Act of 2016 the proposal by name and/or OMB (HOTMA), section 103, which amends This notice is soliciting comments Control Number and should be sent to: the United States Housing Act of 1937. from members of the public and affected Anna P. Guido, Reports Management Both QHWRA and HOTMA made parties concerning the collection of Officer, QDAM, Department of Housing comprehensive changes to HUD’s public information described in Section A on and Urban Development, 451 7th Street housing program. These changes the following: SW, Room 4176, Washington, DC include defining an ‘over-income (1) Whether the proposed collection 20410–5000; telephone (202) 402–5534 family’ as one having an annual income of information is necessary for the (this is not a toll-free number) or email 120 percent above the median income proper performance of the functions of at [email protected] for a copy of for the area for two consecutive years the agency, including whether the the proposed forms or other available and includes new mandatory annual information will have practical utility; information. Persons with hearing or

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speech impairments may access this national longitudinal sample, HUD the neighborhood or environment that number through TTY by calling the toll- plans to conduct 10 additional one encounters beyond the confines of free Federal Relay Service at (800) 877– metropolitan area longitudinal samples, the structure or property. 8339. each with approximately 3,000 housing HUD plans to conduct the Housing FOR FURTHER INFORMATION CONTACT: units (for a total 30,000 metropolitan Insecurity Follow-On survey Anna P. Guido, Reports Management area housing units). The 10 additional concurrently with the 2019 AHS. Officer, QDAM, Department of Housing metropolitan area longitudinal samples Respondents who meet certain criteria and Urban Development, 451 7th Street were last surveyed in 2015. based on their responses to the 2019 SW, Washington, DC 20410–5000; email To help reduce respondent burden on AHS will be recruited at the end of the Anna P. Guido at Anna.P.Guido@ households in the longitudinal sample, production questionnaire and offered an hud.gov or telephone (202) 402–5535 the 2019 AHS will make use of incentive of $40 to participate. Of the (this is not a toll-free number). Persons dependent interviewing techniques, respondents who agree to participate in with hearing or speech impairments which will decrease the number of the follow-on survey, a total of 4,000 may access this number through TTY by questions asked. Policy analysts, responses will be collected via calling the toll-free Federal Relay program managers, budget analysts, and telephone. Once the follow-on interview Service at (800) 877–8339. Copies of Congressional staff use AHS data to has been completed, respondents will available documents submitted to OMB advise executive and legislative receive the incentive for their may be obtained from Ms. Guido. branches about housing conditions and participation. Data collected from this the suitability of public policy follow-on survey will be used for SUPPLEMENTARY INFORMATION: This initiatives. Academic researchers and research and scale development notice informs the public that HUD is private organizations also use AHS data seeking approval from OMB for the purposes. in efforts of specific interest and HUD needs the AHS Housing proposed collection of information concern to their respective Insecurity Follow-On data for two described in Section A. communities. important uses. With the data: A. Overview of Information Collection HUD needs the AHS data for two 1. HUD can evaluate the feasibility of important uses. collecting data on housing insecurity Title of Information Collection: 2019 1. With the data, policy analysts can American Housing Survey. and better define housing insecurity. monitor the interaction among housing 2. HUD can measure the quality of the OMB Approval Number: 2528–0017. needs, demand and supply, as well as Type of Request: Revision. questions asked regarding housing changes in housing conditions and insecurity and develop a composite Form Number: None. costs, to aid in the development of Description of the need for the housing insecurity scale. housing policies and the design of Members of affected public: information and proposed use: The housing programs appropriate for purpose of the American Housing Households. different target groups, such as first-time Estimated number of respondents: Survey (AHS) is to supply the public home buyers and the elderly. 119,200. with detailed and timely information 2. With the data, HUD can evaluate, Estimated time per response: 38.8 about housing quality, housing costs, monitor, and design HUD programs to minutes. and neighborhood assets, in support of improve efficiency and effectiveness. Frequency of response: One time effective housing policy, programs, and In addition to the core 2019 AHS, every two years. markets. Title 12, United States Code, HUD plans to collect supplemental data Estimated total annual burden hours: Sections 1701Z–1, 1701Z–2(g), and on housing insecurity in a follow-on 77,800. 1710Z–10a mandates the collection of survey to the AHS. Housing insecurity Estimated total annual cost: The only this information. is defined as a significant lapse for a cost to respondents is that of their time. Like the previous surveys, the 2019 given household of one or more The total estimated cost is $66,800,000. AHS will collect ‘‘core’’ data on elements of secure housing. These Respondent’s obligation: Voluntary. subjects, such as the amount and types elements include affordability, stable Legal authority: This survey is of changes in the housing inventory, the occupancy, and whether the housing is conducted under Title 12, U.S.C., physical condition of the housing decent and safe. ‘‘Affordability’’ implies Section 1701z–1 et seq. inventory, the characteristics of the that shelter costs are manageable over occupants, housing costs for owners and the long term without severely B. Solicitation of Public Comment renters, the persons eligible for and burdening or compromising other This notice solicits comments from beneficiaries of assisted housing, consumption that normally is essential members of the public and affected remodeling and repair frequency, for health and well-being. The second parties concerning the collection of reasons for moving, the number and element, ‘‘stable occupancy’’, implies information described in Section A on characteristics of vacancies, and that the household does not face the following: characteristics of resident’s substantial risk of involuntary 1. Whether the proposed collection of neighborhood. In addition to the ‘‘core’’ displacement for economic or non- information is necessary for the proper data, HUD plans to collect supplemental economic reasons. The final element, performance of the functions of the data on post-secondary education, ‘‘decent and safe’’, implies that a unit agency, including whether the modifications made to assist occupants has physical attributes that satisfy information will have practical utility; living with disabilities, and information functional needs for well-being related 2. The accuracy of the agency’s on people’s concerns regarding the to health, security, and support for estimate of the burden of the proposed availability and affordability of food. activities of daily living. Such attributes collection of information; The AHS national longitudinal include appropriate facilities for 3. Ways to enhance the quality, sample consists of approximately 85,200 excluding external threats, providing utility, and clarity of the information to housing units, and includes oversample climate control, storing and preparing be collected; and from the largest 15 metropolitan areas, food, maintaining physical and mental 4. Ways to minimize the burden of the and approximately 5,200 HUD-assisted hygiene, and developing human collection of information on those who housing units. In addition to the potential. Not included are aspects of are to respond; including the use of

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appropriate automated collection HUD Desk Officer, Office of rule is codified under 24 CFR parts techniques or other forms of information Management and Budget, New 965.651, 965.653, 965.655, and 966.4. technology, e.g., permitting electronic Executive Office Building, Washington, PHAs are required to have amended all submission of responses. DC 20503; fax: 202–395–5806, Email: resident leases by the effective date, at HUD encourages interested parties to OIRA [email protected]. which point the policy must be enforced submit comment in response to these FOR FURTHER INFORMATION CONTACT: in full. Smoking of ‘‘lit tobacco questions. Colette Pollard, Reports Management products’’ such as cigarettes and Authority: Section 3507 of the Paperwork Officer, QMAC, Department of Housing hookahs is banned indoors and in Reduction Act of 1995, 44 U.S.C. Chapter 35. and Urban Development, 451 7th Street outdoor areas within 25 feet of Dated: August 30, 2018. SW, Washington, DC 20410; email buildings. PHAs have the option of Todd M. Richardson, [email protected], or telephone modifying the policy to expand the General Deputy Assistant, Secretary for Policy 202–402–3400. This is not a toll-free scope to e-cigarettes and/or additional Development and Research. number. Persons with hearing or speech areas on the property (e.g., [FR Doc. 2018–19707 Filed 9–10–18; 8:45 am] impairments may access this number playgrounds). PHAs may also opt to BILLING CODE 4210–67–P through TTY by calling the toll-free provide designated smoking areas Federal Relay Service at (800) 877–8339. (DSAs) outside the 25-foot boundary to Copies of available documents provide shelter for smokers who reside DEPARTMENT OF HOUSING AND submitted to OMB may be obtained in their public housing units. Residents URBAN DEVELOPMENT from Ms. Pollard. who smoke are not required to quit, but SUPPLEMENTARY INFORMATION: This [Docket No. FR–7001–N–49] if they wish to do so, then cessation notice informs the public that HUD is services may be provided to them. HUD 30-Day Notice of Proposed Information seeking approval from OMB for the may issue other policies in the future Collection: Assessment of Additional information collection described in that pertain to health or otherwise affect Resource Needs for Smoke-Free Policy Section A. public housing agency operations. This The Federal Register notice that survey will gather data on policies and AGENCY: Office of the Chief Information solicited public comment on the programs pertaining to smoke-free Officer, HUD. information collection for a period of 60 policies. The information will be ACTION: Notice. days was published on January 31, 2018 collected via online survey such as at 83 FR 4506. SUMMARY: HUD submitted the proposed Qualtrics or SurveyMonkey, and will information collection requirement A. Overview of Information Collection consist of approximately 40 questions, including Likert-type survey items and described below to the Office of Title of Information Collection: Management and Budget (OMB) for free response boxes. The submissions Assessment of Additional Resource will be accessed by the Office of Public review, in accordance with the Needs for Smoke-Free Policy. and Indian Housing (PIH) in order to Paperwork Reduction Act. The purpose OMB Approval Number: 2577—New. evaluate the overall implementation of this notice is to allow for 30 days of Type of Request: New Collection. effectiveness and identify areas that are public comment. Form Number: None. DATES: Comments Due Date: October 11, Description of the need for the experiencing difficulty in their 2018. information and proposed use: In implementation of policies. PIH may ADDRESSES: Interested persons are December of 2016, HUD finalized a rule develop additional resources and/or invited to submit comments regarding requiring each and every public housing target local resources that may be able this proposal. Comments should refer to agency (PHA) to implement a Smoke- to assist in their efforts. the proposal by name and/or OMB Free policy by July 30, 2018 (effective Respondents (i.e., affected public): Control Number and should be sent to: date). The Smoke-Free public housing PHA leadership and staff.

Total Information Number of Frequency Responses Burden hour Total burden Hourly cost annualized collection respondents of response per annum per response hours per responses cost

Completing online questionnaire ...... 870.00 1.00 870.00 0.25 217.50 30.47 $6,627.22

Total ...... 870.00 1.00 870.00 0.25 217.500 30.47 6,627.22

B. Solicitation of Public Comment (2) The accuracy of the agency’s HUD encourages interested parties to estimate of the burden of the proposed submit comment in response to these This notice is soliciting comments collection of information; questions. from members of the public and affected parties concerning the collection of (3) Ways to enhance the quality, Authority: Section 3507 of the Paperwork information described in Section A on utility, and clarity of the information to Reduction Act of 1995, 44 U.S.C. Chapter 35. the following: be collected; and Dated: August 30, 2018. (1) Whether the proposed collection (4) Ways to minimize the burden of Colette Pollard, the collection of information on those of information is necessary for the Department Reports Management Officer, who are to respond: including through proper performance of the functions of Office of the Chief Information Officer. the use of appropriate automated the agency, including whether the [FR Doc. 2018–19705 Filed 9–10–18; 8:45 am] collection techniques or other forms of information will have practical utility; BILLING CODE 4210–67–P information technology, e.g., permitting electronic submission of responses.

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DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR THENCE SOUTH 01 DEGREES 44 MINUTES 12 SECONDS WEST, 40.02 Bureau of Indian Affairs Bureau of Indian Affairs FEET TO THE POINT OF BEGINNING; [189A2100DD/AAKC001030/ THENCE ALONG THE WESTERLY [189A2100DD/AAKC001030/ A0A51010.999900] AND SOUTHERLY LINES OF THAT A0A501010.999900253G] PARCEL DESCRIBED IN INSTRUMENT Notice To Acquire Land Into Trust for RECORDED MARCH 07, 1984 IN Indian Gaming; Approval of Tribal- the Tohono O’odham Nation of Arizona RECORDING NO. 84–094506 OF State Class III Gaming Compact OFFICIAL RECORDS, SOUTH 01 Amendments in the State of Oklahoma AGENCY: Bureau of Indian Affairs, DEGREES 44 MINUTES 12 SECONDS Interior. WEST, 1319.58 FEET; AGENCY: Bureau of Indian Affairs, ACTION: Notice of final agency THENCE NORTH 89 DEGREES 50 Interior. determination. MINUTES 32 SECONDS EAST, 386.11 FEET TO A POINT ON THE EAST LINE ACTION: SUMMARY: The Assistant Secretary— Correction; notice. OF THE WEST HALF OF THE EAST Indian Affairs made a final HALF OF THE SOUTH HALF OF SAID SUMMARY: The Bureau of Indian Affairs determination to acquire 81.31 acres, more or less into trust for the Tohono NORTHEAST QUARTER; (BIA) published a notice in the Federal THENCE LEAVING THE O’odham Nation of Arizona on August Register of August 17, 2018, containing SOUTHERLY LINE OF THE 22, 2018. a list of approved Tribal-State Class III AFOREMENTIONED PARCEL, SOUTH gaming compacts (83 FR 41101) that FOR FURTHER INFORMATION CONTACT: Ms. 01 DEGREES 45 MINUTES 56 inadvertently omitted one Tribe from Sharlene M. Round Face, Bureau of SECONDS WEST, ALONG THE EAST the second list. Indian Affairs, Division of Real Estate LINE OF THE WEST HALF OF THE Services, 1849 C Street NW, MS–4642– EAST HALF OF THE SOUTH HALF OF DATES: The compact amendments took MIB, Washington, DC 20240, telephone effect on August 17, 2018. SAID NORTHEAST QUARTER, 1206.09 (202) 208–3615. FEET TO A POINT ON THE SOUTH FOR FURTHER INFORMATION CONTACT: Ms. SUPPLEMENTARY INFORMATION: This LINE OF SAID NORTHEAST Paula L. Hart, Director, Office of Indian notice is published in the exercise of QUARTER; Gaming, Office of the Deputy Assistant authority delegated by the Secretary of THENCE SOUTH 89 DEGREES 45 Secretary—Policy and Economic the Interior to the Assistant Secretary— MINUTES 05 SECONDS WEST, ALONG Development, Washington, DC 20240, Indian Affairs by part 209 of the THE SOUTH LINE OF SAID (202) 219–4066. Departmental Manual, and is published NORTHEAST QUARTER, 994.48 FEET to comply with the requirement of 25 SUPPLEMENTARY INFORMATION: TO THE SOUTHWEST CORNER OF CFR 151.12(c)(2)(ii) that notice of the THE EAST HALF OF THE EAST HALF Correction decision to acquire land in trust be OF THE WEST HALF OF SAID promptly published in the Federal NORTHEAST QUARTER; In the Federal Register of August 17, Register. THENCE NORTH 01 DEGREES 40 2018, in 83 FR 41101, on page 41101, On August 22, 2018, the Assistant MINUTES 44 SECONDS EAST, ALONG in the third column, correct the Secretary—Indian Affairs issued a THE WEST LINE OF THE EAST HALF Summary caption to read: decision to accept approximately 81.31 OF THE EAST HALF OF THE WEST The State of Oklahoma entered into acres, more or less, of land in trust for HALF OF SAID NORTHEAST compact amendments with the Absentee Tohono O’odham Nation of Arizona QUARTER, AND ALONG THE WEST Shawnee Tribe, Cherokee Nation, under the authority of the Gila Bend LINE OF THE EAST HALF OF THE Chickasaw Nation, Citizen Potawatomi Indian Reservation Lands Replacement EAST HALF OF LOT 2 OF SAID Nation, Eastern Shawnee Tribe of Act, Public Law 99–503, 100 Stat. 1798 SECTION 4, 2528.82 FEET TO A POINT Oklahoma, Iowa Tribe of Oklahoma, (1986). Subject lands will become part ON A LINE THAT IS 40.00 FEET Kaw Nation, Muscogee (Creek) Nation, of the Gila Bend Indian Reservation. SOUTH OF, AND PARALLEL TO, THE Seneca-Cayuga Nation, Wichita and The Western Regional Director, on NORTH LINE OF SAID NORTHEAST Affiliated Tribes, and Wyandotte Nation behalf of the Secretary of the Interior, QUARTER OF SECTION 4; of Oklahoma governing certain forms of will immediately acquire title in the THENCE EAST, ALONG A LINE class III gaming; this notice announces name of the United States of America in THAT IS 40.00 FEET SOUTH OF, AND the approval of the State of Oklahoma trust for the Tohono O’odham Nation of PARALLEL TO, THE NORTH LINE OF Gaming Compact Non-House-Banked Arizona upon fulfillment of SAID NORTHEAST QUARTER OF Table Games Supplement between the Departmental requirements. SECTION 4, 611.42 FEET TO THE State of Oklahoma and the Absentee Legal Description POINT OF BEGINNING; Shawnee Tribe, Cherokee Nation, EXCEPT A PARCEL OF LAND LYING Chickasaw Nation, Citizen Potawatomi Parcel No. 1 WITHIN SAID NORTHEAST QUARTER Nation, Eastern Shawnee Tribe of THAT PART OF THE NORTHEAST OF SECTION 4, AND BEING A Oklahoma, Iowa Tribe of Oklahoma, QUARTER OF SECTION 4, TOWNSHIP PORTION OF THAT CERTAIN PARCEL Kaw Nation, Muscogee (Creek) Nation, 2 NORTH, RANGE 1 EAST OF THE DESCRIBED IN RECORDING NO. 87– Seneca-Cayuga Nation, Wichita and GILA AND SALT RIVER BASE AND 251242 OF OFFICIAL RECORDS, Affiliated Tribes, and Wyandotte MERIDIAN, MARICOPA COUNTY, DESCRIBED AS FOLLOWS: Nation. ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH COMMENCING AT THE QUARTER CORNER OF SAID SECTION Dated: August, 24, 2018. NORTHEAST CORNER OF SAID 4; Tara Sweeney, SECTION 4; THENCE NORTH 88 DEGREES 40 Assistant Secretary—Indian Affairs. THENCE WEST, ALONG THE MINUTES 25 SECONDS EAST, ALONG [FR Doc. 2018–19732 Filed 9–10–18; 8:45 am] NORTH LINE OF SAID SECTION 4, THE NORTH LINE OF SAID BILLING CODE 4337–15–P 1052.24 FEET; NORTHEAST QUARTER, 998.19 FEET;

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THENCE SOUTH 00 DEGREES 09 POINT ON THE EAST LINE OF THAT LINE OF THE NORTH 55.00 FEET OF MINUTES 14 SECONDS WEST, 40.01 PARCEL CONVEYED TO ARIZONA SAID NORTHEAST QUARTER AND FEET TO THE NORTHWEST CORNER DEPARTMENT OF TRANSPORTATION THE POINT OF BEGINNING; OF SAID PARCEL ON THE SOUTH IN RECORDING NO. 86–652262 OF THENCE NORTH 88 DEGREES 40 LINE OF THE NORTH 40.00 FEET OF OFFICIAL RECORDS; MINUTES 25 SECONDS EAST, ALONG SAID NORTHEAST QUARTER AND THENCE NORTH 01 DEGREES 19 SAID SOUTH LINE, 32.81 FEET; THE POINT OF BEGINNING; MINUTES 35 SECONDS WEST, ALONG THENCE SOUTH 67 DEGREES 10 THENCE NORTH 88 DEGREES 40 SAID EAST LINE, 11.64 FEET TO A MINUTES 25 SECONDS WEST, 35.59 MINUTES 25 SECONDS EAST, ALONG POINT ON THE SOUTH LINE OF THE FEET TO A POINT ON THE WEST LINE SAID SOUTH LINE, 611.23 FEET TO NORTH 40.00 FEET OF SAID OF SAID PARCEL; THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 01 PARCEL; THENCE NORTH 88 DEGREES 40 MINUTES 25 SECONDS EAST, ALONG THENCE SOUTH 00 DEGREES 24 MINUTES 25 SECONDS EAST, ALONG THE WEST LINE OF SAID PARCEL, MINUTES 37 SECONDS WEST, ALONG SAID SOUTH LINE, 495.50 FEET TO 13.05 FEET TO THE POINT OF THE EAST LINE OF SAID PARCEL, THE POINT OF BEGINNING, AS BEGINNING, AS CONVEYED TO 11.65 FEET TO A POINT ON THE CONVEYED TO MARICOPA COUNTY MARICOPA COUNTY IN FINAL SOUTH LINE OF THE NORTH 51.64 IN DEED RECORDED IN RECORDING JUDGMENT IN CONDEMNATION IN FEET OF SAID NORTHEAST NO. 99–332877 OF OFFICIAL CV 99–10315 RECORDED IN QUARTER; RECORDS; AND RECORDING NO. 2000122430, THENCE SOUTH 88 DEGREES 40 EXCEPT THAT PORTION LYING RECORDING NO. 20000209504, AND IN MINUTES 25 SECONDS WEST, ALONG WITHIN THE NORTH 33 FEET OF THE RECORDING NO. 20000218264; AND SAID SOUTH LINE, 545.56 FEET; EAST HALF OF THE NORTHEAST EXCEPT THE NORTH 33.00 FEET AS THENCE SOUTH 66 DEGREES 15 QUARTER OF SAID SECTION 4, AS CONVEYED TO MARICOPA COUNTY MINUTES 59 SECONDS WEST, 43.03 CONVEYED TO MARICOPA COUNTY, IN BOOK 96 OF DEEDS, PAGE 375; FEET; RECORDED IN BOOK 96 OF DEEDS, AND THENCE SOUTH 88 DEGREES 40 PAGE 375. EXCEPT THE EAST 33.00 FEET AS MINUTES 25 SECONDS WEST, 26.26 CONVEYED TO MARICOPA COUNTY FEET TO A POINT ON THE WEST LINE Parcel No. 2 IN DEED RECORDED AS BOOK 105 OF OF SAID PARCEL; THE EAST HALF OF THE EAST DEEDS, PAGE 382; AND THENCE NORTH 00 DEGREES 09 HALF OF THE NORTHEAST QUARTER EXCEPT THE WEST 22.00 FEET OF MINUTES 14 SECONDS EAST, ALONG OF SECTION 4, TOWNSHIP 2 NORTH, THE EAST 55.00 FEET, AND THE SAID WEST LINE, 28.05 FEET TO THE RANGE 1 EAST OF THE GILA AND SOUTH 22.00 FEET OF THE NORTH POINT OF BEGINNING, AS CONVEYED SALT RIVER BASE AND MERIDIAN, 55.00 FEET, AND BEGINNING AT THE TO MARICOPA COUNTY IN DEED MARICOPA COUNTY, ARIZONA; POINT OF INTERSECTION OF THE RECORDED IN RECORDING NO. 99– EXCEPT A TRACT OF LAND FOR A SOUTH LINE OF THE NORTH 55.00 649780 OF OFFICIAL RECORDS; AND WELL SITE DESCRIBED AS FOLLOWS: FEET AND THE WEST LINE OF THE EXCEPT THAT PARCEL OF LAND BEGINNING AT THE SOUTHEAST EAST 55.00 FEET OF SAID EAST ONE– LYING WITHIN SAID NORTHEAST CORNER OF SAID TRACT, 33.00 FEET HALF OF THE EAST ONE–HALF OF QUARTER OF SECTION 4 AND BEING WEST OF THE EAST QUARTER THE NORTHEAST ONE–QUARTER OF A PORTION OF THAT CERTAIN CORNER OF SAID SECTION 4; SECTION 4; PARCEL DESCRIBED IN RECORDING THENCE NORTH 36.00 FEET TO THE THENCE SOUTH 15.00 FEET ALONG NO. 95–490799 OF OFFICIAL NORTHEAST CORNER OF SAID SAID WEST LINE OF THE EAST 55.00 RECORDS, DESCRIBED AS FOLLOWS; TRACT; FEET TO A POINT; COMMENCING AT THE NORTH THENCE WEST 30.00 FEET TO THE THENCE IN A NORTHWESTERLY QUARTER CORNER OF SAID SECTION NORTHWEST CORNER OF SAID DIRECTION TO A POINT ON SAID 4; TRACT; SOUTH LINE OF THE NORTH 55.00 THENCE NORTH 88 DEGREES 40 THENCE SOUTH 36.00 FEET TO THE FEET THAT IS 15.00 FEET WEST MINUTES 25 SECONDS EAST, ALONG SOUTHWEST CORNER OF SAID FROM SAID POINT OF THE NORTH LINE OF SAID TRACT; INTERSECTION; SOUTHEAST QUARTER, 998.19 FEET; THENCE EAST 30.00 FEET TO THE THENCE EAST TO THE POINT OF THENCE SOUTH 00 DEGREES 09 POINT OF BEGINNING; AND INTERSECTION AS CONVEYED TO MINUTES 14 SECONDS WEST, 40.01 EXCEPT THAT PARCEL OF LAND MARICOPA COUNTY AS RECORDED FEET TO THE NORTHEAST CORNER LYING WITHIN SAID NORTHEAST IN RECORDING NO. 88–089217 OF OF SAID PARCEL ON THE SOUTH QUARTER OF SECTION 4, AND BEING OFFICIAL RECORDS. LINE OF THE NORTH 40.00 FEET OF A PORTION OF THAT CERTAIN SAID NORTHEAST QUARTER AND PARCEL DESCRIBED IN RECORDING Parcel No. 3 THE POINT OF BEGINNING; NO. 88–089216 OF OFFICIAL THE EAST HALF OF THE WEST THENCE SOUTH 00 DEGREES 09 RECORDS, DESCRIBED AS FOLLOWS: HALF OF THE NORTHEAST QUARTER MINUTES 14 SECONDS WEST, ALONG COMMENCING AT THE OF THE NORTHEAST QUARTER OF THE EAST LINE OF PARCEL, 28.05 NORTHEAST CORNER OF SAID SECTION 4, TOWNSHIP 2 NORTH, FEET; SECTION 4: RANGE 1 EAST OF THE GILA AND THENCE NORTH 68 DEGREES 29 THENCE SOUTH 88 DEGREES 40 SALT RIVER BASE AND MERIDIAN, MINUTES 09 SECONDS WEST, 42.26 MINUTES 25 SECONDS WEST, ALONG MARICOPA COUNTY, ARIZONA; FEET TO A POINT ON THE SOUTH THE NORTH LINE OF SAID EXCEPT THE NORTH 33.00 FEET AS LINE OF THE NORTH 51.64 FEET OF NORTHEAST QUARTER, 665.46 FEET; CONVEYED TO MARICOPA COUNTY SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 01 IN BOOK 96 OF DEEDS, PAGE 375; THENCE SOUTH 88 DEGREES 40 MINUTES 25 SECONDS WEST, 55.01 AND MINUTES 25 SECONDS WEST, ALONG FEET TO THE NORTHWEST CORNER EXCEPT THE SOUTH 7.00 FEET OF SAID SOUTH LINE, 455.83 FEET TO A OF SAID PARCEL ON THE SOUTH THE NORTH 40.00 FEET THEREOF, AS

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DEEDED TO MARICOPA COUNTY BY ON THE SOUTH RIGHT OF WAY LINE DEPARTMENT OF THE INTERIOR QUIT CLAIM DEED RECORDED JULY OF SAID NORTHERN AVENUE; 16 IN DOCKET 2539, PAGE 134; AND THENCE EAST ALONG SAID RIGHT Bureau of Indian Affairs ALSO OF WAY LINE A DISTANCE OF 336.74 EXCEPT A PART OF THE FEET TO THE TRUE POINT OF [189A2100DD/AAKC001030/ NORTHEAST QUARTER OF SECTION BEGINNING. A0A501010.999900 253G] 4, TOWNSHIP 2 NORTH, RANGE 1 Parcel No. 4 EAST OF THE GILA AND SALT RIVER Craig Tribal Association of Craig, BASE AND MERIDIAN, MARICOPA BEING A PARCEL OF LAND Alaska’s Alcohol Control Ordinance COUNTY, ARIZONA, MORE FULLY SITUATED IN THE NORTHEAST DESCRIBED AS FOLLOWS: QUARTER OF SECTION 4, TOWNSHIP AGENCY: Bureau of Indian Affairs, COMMENCING AT THE 2 NORTH, RANGE 1 EAST, OF THE Interior. NORTHEAST CORNER OF SAID GILA AND SALT RIVER BASE AND SECTION 4; MERIDIAN, MARICOPA COUNTY, ACTION: Notice. THENCE WEST ALONG THE NORTH ARIZONA, BEING MORE LINE OF SAID SECTION A DISTANCE PARTICULARLY DESCRIBED AS SUMMARY: This notice publishes the OF 715.49 FEET; FOLLOWS: liquor control ordinance of the Craig THENCE SOUTH 01 DEGREES 46 COMMENCING AT THE Tribal Association of Craig, Alaska. The MINUTES 37 SECONDS WEST NORTHEAST CORNER OF SAID liquor control ordinance regulates and (MEASURED) SOUTH 01 DEGREES 45 SECTION 4; controls the possession, sale, THENCE WEST, ALONG THE MINUTES 56 SECONDS WEST manufacture, and distribution of alcohol (RECORD) A DISTANCE OF 40.02 FEET NORTH LINE OF SAID SECTION 4, A DISTANCE OF 715.49 FEET; in conformity with the laws of the State TO A POINT ON THE SOUTH RIGHT of Alaska. OF WAY LINE OF NORTHERN THENCE SOUTH 01 DEGREES 46 AVENUE AND THE TRUE POINT OF MINUTES 37 SECONDS WEST DATES: This Ordinance takes effect BEGINNING; (MEASURED), (SOUTH 01 DEGREES 45 September 11, 2018. THENCE CONTINUING SOUTH 01 MINUTES 56 SECONDS WEST FOR FURTHER INFORMATION CONTACT: Ms. DEGREES 46 MINUTES 37 SECONDS RECORD) A DISTANCE OF 402.02 Jolene John, Tribal Operations Officer, WEST (MEASURED) SOUTH 01 FEET; DEGREES 45 MINUTES 56 SECONDS THENCE EAST, A DISTANCE OF Alaska Regional Office, Bureau of WEST (RECORD) A DISTANCE OF 50.02 FEET (MEASURED) (50.00 FEET Indian Affairs, 3601 C Street, Suite RECORD) TO A POINT IN THE EAST 362.00 FEET; 1200, Anchorage, Alaska 99503, THENCE EAST A DISTANCE OF LINE OF THE WEST HALF OF THE telephone: (907) 271–4043, fax: (907) 50.00 FEET TO A POINT ON THE EAST NORTHEAST QUARTER OF SAID 271–4083. LINE OF THE WEST HALF OF THE SECTION 4; THENCE ALONG SAID EAST LINE, SUPPLEMENTARY INFORMATION: Pursuant NORTHEAST QUARTER OF THE SOUTH 01 DEGREES 46 MINUTES 37 to the Act of August 15, 1953, Public NORTHEAST QUARTER OF SAID SECONDS WEST, (MEASURED) Law 82–277, 67 Stat. 5856, 18 U.S.C. SECTION 4; (SOUTH 01 DEGREES 45 MINUTES 56 1161, as interpreted by the Supreme THENCE SOUTH 01 DEGREES 46 SECONDS WEST RECORD) A Court in Rice V. Rehner, 463 U.S. 713 MINUTES 37 SECONDS WEST DISTANCE OF 864.48 FEET TO THE (MEASURED) SOUTH 01 DEGREES 45 (1983), the Secretary of the Interior shall POINT OF BEGINNING; MINUTES 56 SECONDS WEST certify and publish in the Federal THENCE SOUTH 89 DEGREES 51 Register notice of adopted liquor control (RECORD) ALONG SAID EAST LINE A MINUTES 13 SECONDS WEST, DISTANCE OF 864.48 FEET TO THE ordinances for the purpose of regulating (MEASURED) (SOUTH 89 DEGREES 50 liquor transactions in Indian Country. SOUTHEAST CORNER OF SAID WEST MINUTES 32 SECONDS WEST HALF OF THE NORTHEAST QUARTER The Craig Tribal Association of Craig, RECORD) A DISTANCE OF 10.00 FEET; Alaska duly adopted the Craig Tribal OF THE NORTHEAST QUARTER; THENCE SOUTH 01 DEGREES 46 THENCE SOUTH 89 DEGREES 51 MINUTES 37 SECONDS WEST Association of Craig, Alaska’s Alcohol MINUTES 13 SECONDS WEST (MEASURED), (SOUTH 01 DEGREES 45 Control Ordinance on November 14, (MEASURED) SOUTH 89 DEGREES 50 MINUTES 56 SECONDS WEST 2017, and subsequently amended it on MINUTES 32 SECONDS WEST RECORD) A DISTANCE OF 92.13 FEET March 21, 2018, April 18, 2018, and (RECORD) A DISTANCE OF 10.00 (MEASURED) (92.05 FEET RECORD); June 14, 2018. FEET; THENCE NORTH 89 DEGREES 51 This notice is published in THENCE SOUTH 01 DEGREE 45 MINUTES 13 SECONDS EAST, A accordance with the authority delegated MINUTES 56 SECONDS WEST A DISTANCE OF 10.00 FEET TO A POINT DISTANCE OF 92.05 FEET; by the Secretary of the Interior to the IN SAID EAST LINE OF THE WEST Assistant Secretary—Indian Affairs. I THENCE SOUTH 89 DEGREES 51 HALF OF THE NORTHEAST QUARTER MINUTES 13 SECONDS WEST, A certify that the Craig Tribal Association OF SAID SECTION 4; of Craig, Alaska duly adopted by DISTANCE OF 376.13 FEET THENCE ALONG SAID EAST LINE, resolution the Craig Tribal Association (MEASURED) SOUTH 89 DEGREES 50 NORTH 01 DEGREES 46 MINUTES 37 of Craig, Alaska’s Alcohol Control MINUTES 32 SECONDS WEST A SECONDS EAST, A DISTANCE OF DISTANCE OF 376.11 FEET (RECORD); 92.13 FEET TO THE POINT OF Ordinance enacted November 14, 2017, THENCE NORTH 01 DEGREES 44 BEGINNING. by Res. No. CTA 2017–43 and amended MINUTES 53 SECONDS EAST March 21, 2018, April 18, 2018, and (MEASURED) NORTH 01 DEGREES 44 Dated: August 22, 2018. June 14, 2018 by vote of the council to MINUTES 12 SECONDS EAST Tara Sweeney, clarify language and to correct (RECORD) A DISTANCE OF 1319.58 Assistant Secretary—Indian Affairs. organizational errors. FEET TO A POINT 40.02 FEET SOUTH [FR Doc. 2018–19730 Filed 9–10–18; 8:45 am] OF THE NORTH SECTION LINE AND BILLING CODE 4337–15–P

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Dated: August 22, 2018. its business and carry out its duties and concern and special interest to the Tara Sweeney, functions under this Ordinance. Tribe. The Tribal Council hereby declares that the policy of the Craig Assistant Secretary—Indian Affairs. Section 1.6. Sovereign Immunity Tribal Association is to eliminate the Preserved Craig Tribal Association of Craig, problems associated with unlicensed, Alaska’s Alcohol Control Ordinance A. The Tribe is immune from suit in unregulated, and unlawful importation, Article I. Introduction any jurisdiction except to the extent that distribution, possession, and sale of the Tribal Council of the Craig Tribal Alcoholic Beverages for commercial Section 1.1. Title Association or the United States purposes and to promote temperance in This Ordinance shall be known as the Congress expressly and unequivocally the use and consumption of Alcoholic ‘‘Craig Tribal Association of Craig, waives such immunity by approval of Beverages by increasing the Tribe’s Alaska’s Alcohol Control Ordinance.’’ written tribal resolution or Federal control over such activities on Tribal statute. lands. Section 1.2. Authority B. Nothing in this Ordinance shall be This Ordinance is enacted in construed as waiving the sovereign Section 2.2. Federal Law accordance with the inherent immunity of the Craig Tribal The introduction of Alcohol within governmental powers of the Craig Tribal Association or the Tribal Council as an the jurisdiction of the Tribe is currently Association, a federally recognized tribe agency of the Craig Tribal Association. prohibited by federal law (18 U.S.C. of Indians through its Constitution and Section 1. 7. Applicability 1154), except as provided for therein, Bylaws of the Craig Tribal Association and the Tribe is expressly delegated the of Craig, Alaska, and in conformance This Ordinance shall apply to all right to determine, in conformance with with the laws of the State of Alaska, as persons or entities operating or applicable state law, when and under required by the Act of August 15, 1953, conducting activities involving the what conditions Alcohol, including Public Law 83–177, 67 Stat. 586, 18 possession, sale or distribution of Alcoholic Beverages, shall be permitted U.S.C. 1161. Alcohol on Tribal land of the Craig therein (18 U.S.C. 1161). Tribal Association. Section 1.3. Purpose Section 2.3. Need for Regulation Section 1.8. Computation of Time The purpose of this Ordinance is to The Tribe finds that the Federal regulate and control the possession and Unless otherwise provided in this Liquor Laws prohibiting the sale of Alcohol on Tribal lands of the Ordinance, in computing any period of introduction, distribution, possession, Craig Tribal Association. The enactment time prescribed or allowed by this sale, and consumption of Alcoholic of this Ordinance will enhance the Ordinance, the day of the act, event, or Beverages within the Tribal lands ability of the Craig Tribal Association to default from which the designated should be addressed by laws of the control all such alcohol ·related period of time begins to run shall not be Tribe, with all such business activities activities within the jurisdiction of the included. The last day of the period so related thereto subject to the taxing and Tribe and will provide an important computed shall be included, unless it is regulatory authority of the Tribal source of revenue for the continued a Saturday, a Sunday, or a legal holiday. Council. operation and strengthening of the Craig For the purposes of this Ordinance, the Section 2.4. Geographic Locations Tribal Association and the delivery of term ‘‘legal holiday’’ shall mean all legal important governmental services. holidays under Tribal or Federal law. The Tribe finds that the introduction, All documents mailed shall be deemed distribution, possession, sale, and Section 1.4. Application of Federal Law served at the time of mailing. consumption of Alcohol, including Federal Law prohibits the Section 1.9. Liberal Construction Alcoholic Beverages, shall be regulated introduction, possession, and sale of under this Ordinance only where such liquor in Indian Country (18 U.S.C. 1154 The provisions of this Ordinance shall activity will be conducted within or and other statutes), except when in be liberally construed to achieve the upon Tribal lands. conformity both with the laws of the purposes set forth, whether clearly Section 2.5. Definitions State and the Tribe (18 U.S.C. 1161). stated or apparent from the context of the language used herein. As used in this Ordinance, the Section 1.5. Administration of following words shall have the Ordinance Section 1.10. Collection of Applicable Fees, Taxes or Fines following meanings unless the context The Tribal Council, through its clearly requires otherwise: powers vested under the Constitution of The Tribal Council shall have the A. ‘‘Alcohol’’ means the product of the Craig Tribal Association and this authority to collect all applicable and distillation of fermented liquid, whether Ordinance, delegates to the Tribal lawful fees, taxes, and or fines from any or not rectified or diluted with water, Council the authority to exercise all of person or Licensee as imposed by this including, but not limited to Alcoholic the powers and accomplish all of the Ordinance. The failure of any Licensee Beverages as defined herein, but does purposes as set forth in this Ordinance, to deliver applicable taxes collected on not mean ethyl or industrial alcohol, which may include, but are not limited the sale of Alcoholic Beverages shall diluted or not, that has been denatured to, the following actions: subject the Licensee to penalties, or otherwise rendered unfit for purposes A. Adopt and enforce rules and including, but not limited to the or consumption by humans. regulations for the purpose of revocation of said License. B. ‘‘Alcoholic Beverage(s)’’ when used effectuating this Ordinance, which Article II. Declaration of Public Policy in this Ordinance means, and shall includes the setting of fees, fines and include any liquor, beer, spirits, or other penalties; Section 2.1. Matter of Special Interest wine, by whatever name they may be B. Execute all necessary documents; The possession, sale and consumption called, and from whatever source and by and of Alcoholic Beverages within the whatever process they may have been C. Perform all matters of actions jurisdiction of the Craig Tribal produced, and which contain a incidental to and necessary to conduct Association are matters of significant sufficient percent of alcohol by volume

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which, by law, makes said beverage used to describe the same, by any entity of credit cards acceptable to the seller subject to regulation as an intoxicating or person to another person. (including but not limited to VISA, beverage under the laws of the State of O. ‘‘Tribal Council’’ shall mean the MasterCard or American Express). Craig Tribal Association Council and Alaska. Alcoholic Beverages include all Section 3.4. Personal Consumption forms of ‘‘low-point beer’’ as defined will include its duly authorized under the laws of the State of Alaska. delegees. All sales of Alcoholic Beverages shall C. ‘‘Applicant’’ means any person or P. ‘‘Tribal lands’’ shall mean and be for the personal use and entity submitting an application to the reference the geographic area that consumption of the purchaser and his/ Tribal Council for an Alcoholic includes all land included within the her guest(s) of Legal Age. The re-sale by Beverage License and who has not yet definition of ‘‘Indian Country’’ as any entity not licensed as required by received such a License. established and described by federal law this Ordinance is prohibited. D. ‘‘Constitution’’ means the and that is under the jurisdiction of the Section 3.5. Tribal Enterprise Constitution of the Craig Tribal Craig Tribal Association, including, but No employee or operator of an entity Association. not limited to all lands held in trust by owned by the Tribe shall sell or permit E. ‘‘Tribal Council’’ means the duly the federal government, located within any person to open or consume any elected legislative body of the Craig the same, as are now in existence or Alcoholic Beverage on any premises or Tribal Association authorized to act in may hereafter be added to. location, or any premises adjacent and on all matters and subjects upon Q. ‘‘Tribal law’’ means the thereto, under his or her control, unless which the Tribe is empowered to act, Constitution of the Craig Tribal such activity is properly licensed as now or in the future. Association, and all laws, ordinances, provided in this Ordinance. F. ‘‘Federal Liquor Laws’’ means all codes, resolutions, and regulations now laws of the United States of America, and hereafter duly enacted by the Tribe. Article IV. Licensing including, but not limited to 18 U.S.C. R. ‘‘Tribe’’ shall mean the Craig Tribal Section 4.1. Eligibility 1154 & 1161, that apply to or regulate Association. in any way the introduction, Only Applicants operating upon distribution, possession, or sale of any Article III. Sales of Alcoholic Beverages Tribal lands shall be eligible to receive form of Alcohol on Indian lands. Section 3.1. Prohibition of the a License for the sale of any Alcoholic G. ‘‘Legal Age’’ means twenty-one (21) Unlicensed Sale of Alcoholic Beverages Beverage under this Ordinance. years of age. H. ‘‘License’’ or ‘‘Alcoholic Beverage This Ordinance prohibits the Section 4.2. Application Process License’’ means a license issued by the introduction, distribution, or sale of A. The Tribal Council may cause a Tribal Council authoring the Alcoholic Beverages, other than where License to be issued to any Applicant as introduction, or sale of Alcoholic conducted by a Licensee in possession it may deem appropriate, but not Beverages for commercial purposes of a lawfully issued License in contrary to the best interests of the Tribe under the provisions of the Ordinance. accordance with this Ordinance. The and its Tribal members. Any applicant I. ‘‘Licensee’’ means a person or entity Federal Liquor Laws are intended to that desires to receive any Alcohol that holds an Alcohol Beverage License remain applicable to any act or Beverage License, and that meets the issued by the Tribal Council and transaction that is not authorized by this eligibility requirements pursuant to this includes any employee or agent of the Ordinance, and violators shall be Ordinance, must apply to the Tribal License. subject to all penalties and provisions of Council for the desired class of License. J. ‘‘Liquor Store’’ means any business, any and all applicable Federal, Tribal Applicants shall (i) Fully and accurately store, or commercial establishment at and State laws. complete the application provided by which Alcohol is sold and shall include Section 3.2. License Required the Tribal Council; (ii) pay the Tribal any and all business engaged in the sale Council such application fee as may be of Alcoholic Beverages, whether sold as A. Any and all sales of Alcoholic required; and (iii) submit such packaged or by the drink. Beverages conducted upon Tribal lands application to the Tribal Council for K. ‘‘Alaska Liquor License’’ means must be Licensed and the Licensee consideration. any license or permit issued by the State must: (i) Hold a current Alcoholic B. All application fees paid to the of Alaska, including any agency, Beverage License, duly issued by the Tribal Council are nonrefundable upon subdivision, or borough thereof, Tribal Council; and (ii) prominently and submission of any such application. regulating any form of Alcohol, conspicuously display the License on Each application shall require the including, but not limited to any form the premises or location designated on payment of a separate application fee. of Alcoholic Beverage. the license. The Tribal Council may waive fees at its L. ‘‘Ordinance’’ means this Craig B. A Licensee has the right to engage discretion. Tribal Association Alcohol Control only in those activities involving Ordinance, as hereafter amended. Alcoholic Beverages expressly Section 4.3. Term and Renewal of M. The words ‘‘package’’ or authorized by such License in Licenses ‘‘packaged’’ means the sale of any accordance with this Ordinance. A. With the exception of a Temporary Alcoholic Beverage by delivery of same License, the term of all Licenses issued Section 3.3. Sales for Cash by a seller to a purchaser in any under this Ordinance shall be for a container, bag, or receptacle for All sales of Alcoholic Beverages period not to exceed two (2) years from consumption beyond the premises or conducted by any person or entity upon the original date of issuance and may be location designated on the seller’s Tribal lands shall be conducted on a renewed thereafter on a year-to-year License. cash-only basis, and no ‘‘account for basis, in compliance with this N. The words ‘‘sale(s)’’, ‘‘sell’’, or credit with Licensee’’ for said purchase Ordinance and any rules and ‘‘sold’’ means the exchange, barter, and consumption of same shall be regulations hereafter adopted by the traffic, furnishing, or giving away of any extended to any person, organization, or Tribal Council. Alcoholic Beverage by any and all entity, except that this provision does B. Each License may be considered for means, by whatever name commonly not prohibit the payment of same by use renewal by the Tribal Council annually

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upon the Licensee’s submission of a related to the sale of Alcoholic denial or not corrected within fifteen new application and payment of all Beverages, have ever been convicted of (15) days following the mailing or required fees. Such renewal application a felony under the law of any personal delivery of such notice. shall be submitted to the Tribal Council jurisdiction, and have not violated and Section 4.9. Cure at least sixty (60) days and no more than will not violate or cause or permit to be ninety (90) days prior to the expiration violated any of the provisions of this If an applicant is denied a License for of an existing License. If a License is not Ordinance; and any reason stated in Section 4. 7 ‘‘Denial renewed prior to its expiration, the H. The application shall be signed of License or Renewal’’, the Applicant Licensee shall cease and desist all and verified by the Applicant under may cure the deficiency and resubmit activity as permitted under the License, oath and notarized by a duly authorized the application for consideration. Each including the sale of any Alcoholic representative. re-submission will be treated as a new application for License or renewal of Beverages, until the renewal of such Section 4.6. Action on the Application License is properly approved by the License, and the appropriate fee shall be Tribal Council. The Tribal Council shall have the due upon re-submission. authority to deny or approve the Section 4.4. Classes of Licenses application, consistent with this Section 4.10. Investigation The Tribal Council shall have the Ordinance and the laws of the Tribe. Upon receipt of an application for the authority to issue the following classes Upon approval of an application, the issuance, or renewal of a License, the of Alcoholic Beverage License: Tribal Council shall issue a License to Tribal Council shall make a thorough A. ‘‘Retail On-Site Beer and Wine the Applicant in a form to be approved investigation to determine whether the License’’ authorizing the Licensee to sell from time to time by the Tribal Council. Applicant and the premises or location only beer and wine at retail at the The Tribal Council shall have the for which a License is applied for location designated in the License. authority to issue a temporary or qualifies for a License, and whether the B. ‘‘Temporary or Provisional provisional license pending the provisions of this Ordinance have been License’’ authorizing the sale of foregoing approval process. complied with. The Tribal Council shall Alcoholic Beverages on a temporary investigate all matters connected basis for premises or at a location Section 4.7. Denial of License or Renewal herewith which may affect the public temporarily occupied by the Licensee health, welfare and morals of the Tribe, for a picnic, social gathering, or similar An application for a new License or community, etc. occasion, as allowed by Federal and License Renewal may be denied for one State law. A Temporary or Provisional or more of the following reasons: Section 4.11. Procedures for Appealing License may not be renewed upon A. The Applicant materially a Denial or Condition of Application expiration. A new application must be misrepresented facts outlined contained Any Applicant for a License or submitted for each such License. in the application; Licensee who believes the denial of B. The Applicant is currently not in their License or request for renewal of Section 4.5. Application Form and compliance with this Ordinance or any Content their License is wrongfully determined other Tribal or Federal laws; in accordance with the Rules, C. Granting of the License, or renewal An application for any License shall Regulations and Enforcement of this thereof, would create a threat to the be made to the Tribal Council and shall Ordinance which are outlined in Article peace, safety, morals, health or welfare contain at least the following VI, Sections 6.1 through 6.11, may of the Tribe; information: appeal the decision of the Tribal D. The Applicant has failed to A. The name and address of the Council. Applicant, including the names and complete the application properly or addresses of the principal officers, has failed to tender the appropriate fee. Section 4.12. Revocation of License directors, managers and other E. A verdict or judgment has been entered against or a plea of nolo The Tribal Council may initiate action employees with primary management to revoke a License whenever it is responsibility related to the sale of contendere has been entered by an Applicant’s officer, director, manager, or brought to the attention of the Tribal Alcoholic Beverages; Council that a Licensee: B. The specific area, location and or any other employee with primary A. Has materially misrepresented premise(s) for which the License is management responsibility related to facts contained in any License applied; the sale of Alcoholic Beverages, to any C. The hours that the Applicant will offense under Tribal, Federal, or State application; sell the Alcoholic Beverages; laws prohibiting or regulating the sale, B. Is not in compliance with this D. For Temporary Licenses, the dates use, possession, or giving away of Ordinance or any other Tribal, State or for which the License is sought to be in Alcoholic Beverages. No person who Federal laws material to the issue of affect; has been convicted of a felony shall be Alcohol licensing; E. The class of Alcoholic Beverage eligible to hold license. C. Failed to comply with any License applied for, as set forth in condition of a License, including failure Section 4.8. Temporary Denial Section 4.4 herein; to pay taxes on the sale of Alcoholic F. Whether the Applicant has an If the application is denied solely on Beverages or failure to pay any fee Alaska Liquor License; a copy of such the basis of Section 4.7(D), the Tribal required under this Ordinance; License, and any other applicable Council shall, within fourteen (14) days D. Has a verdict, or judgement entered license, shall be submitted to and of such action, deliver in person or by against, or has a plea of nolo contendere retained by the Tribal Council; mail a written notice of temporary entered by any of its officers, directors, G. A sworn statement by the denial to the Applicant. Such notice of managers or any employees with Applicant to the effect that none of the temporary denial shall: (i) Set forth the primary responsibility over the sale of Applicant’s officers, directors, reason(s) for denial; and (ii) state that Alcoholic Beverages, as to any offense managers, and or employees with the temporary denial will become a under Tribal, Federal or State laws primary management responsibility permanent denial if the reason(s) for the prohibiting or regulating the sale, use, or

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possession, of Alcoholic Beverages or a Article V. Powers of Enforcement business on Tribal lands that has felony of any kind. Alcoholic Beverages for sale or in their Section 5.1. Tribal Council E. Failed to take reasonable steps to possession without a proper License correct objectionable conditions In furtherance of this Ordinance, the properly posted as required in Section constituting a nuisance on the premises Tribal Council shall have exclusive 4.17, shall be in violation of this or location designated in the License, or authority to administer and implement Ordinance. any adjacent area under their control, this Ordinance and shall have the Section 6.2. Unlawful Purchase within a reasonable time after receipt of following powers and duties hereunder: a notice to make such corrections has A. To adopt and enforce rules and Any person who purchases any been mailed or personally delivered by regulations governing the sale, Alcoholic Beverage on Tribal lands from the Tribal Council; or distribution, and possession of a person or entity that does not have a F. Has had an Alaska Liquor License Alcoholic Beverages within the Tribal License to sell Alcoholic Beverages suspended or revoked. lands of the Craig Tribal Association; properly posted shall be in violation of B. To employ such persons as may be this Ordinance. Section 4.13. Initiation of Revocation reasonably necessary to perform all Proceedings administrative and regulatory Section 6.3. Intent To Sell Revocation proceedings may be responsibilities of the Tribal Council Any persons who keeps or possesses, initiated by either: (i) The Tribal hereunder. All such employees shall be or causes another to keep or possess, Council, on its own motion and through employees of the Tribe; upon his person or on premises within the adoption of an appropriate C. To issue Licenses permitting the his control, any Alcoholic Beverage, resolution meeting the requirements of sale, distribution, and possession of with the intent to sell or to distribute this section; or (ii) by any person who Alcoholic Beverages within the Tribal the same contrary to the provisions of files a complaint with the Tribal lands; this Ordinance shall be in violation of Council. The complaint shall be in D. To give reasonable notice and to this Ordinance. writing and signed by the maker. Both hold hearings on violations of this Section 6.4. Sale to Intoxicated Person the complaint and resolution shall state Ordinance; facts showing that there are specific E. To deny applications and renewals Any person who knowingly sells an grounds under this Ordinance which for Licenses and revoke issued Licenses Alcoholic Beverage to a person who is would authorize the Tribal Council to as provided in this Ordinance; visibly intoxicated shall be in violation revoke the License(s). F. To bring such other actions as may of this Ordinance and shall be subject to be required by applicable Tribal or the penalties of a court with Section 4.14. Revocation Hearing Federal law or regulation; and jurisdictional authority. If a Complaint is made stating facts G. To collect taxes, fees, and penalties Section 6.5. Age of Consumption which specify grounds to revoke a as may be required, imposed, or allowed License under this Ordinance, a hearing by applicable Tribal or Federal law or No person under the age of twenty- held on this complaint shall be held regulation, and to keep accurate books, one (21) years may possess, purchase or under such rules and regulations as the records, and accounts of the same. consume any Alcoholic Beverage on Tribal Council may prescribe. Both the Section 5.2. Right of Inspection Tribal lands, and any such possession or consumption shall be in violation of this Licensee and the person filing the Any premises or location of any Ordinance and shall be subject to the complaint shall have the right to present person or entity licensed to, distribute, penalties of a court with jurisdictional witnesses to testify and to present or sell Alcoholic Beverages pursuant to authority. written documents in support of their this Ordinance shall be open for positions to the Tribal Council. The inspection by the Tribal Council for the Section 6.6. Serving Underage Person Tribal Council shall render its decision purpose of ensuring the compliance or within sixty (60) days after the date of No person shall sell, or serve any noncompliance of the License with all Alcoholic Beverage to a person under the hearing. The decision of the Tribal provisions of this Ordinance and any Council shall be final. the age of twenty-one (21) years, or applicable Tribal laws or regulations. permit any such person to possess or Section 4.15. Delivery of License Section 5.3. Limitation of Powers consume any Alcoholic Beverage on the premises or on any premises under their Upon revocation of a License, the In the exercise of its powers and control. Any Licensee violating this Licensee shall forthwith deliver their duties under this Ordinance, agents, section shall be guilty of a separate License to the Tribal Council. employees, or any other affiliated violation of this Ordinance for each and persons of the Tribal Council shall not, Section 4.16. Transferability of Licenses every Alcoholic Beverage sold or served whether individually or as a whole Alcoholic Beverage Licenses shall be and or consumed by such an underage accept any gratuity, compensation, or issued to a specific Licensee for use at person. other thing of value from any Alcoholic a single premises or specific location Beverage wholesaler, retailer, or and shall not be transferable for use by Section 6.7. False Identification distributor, or from any Applicant or any other premises or location. Any person who purchases or who Licensee. attempts to purchase any Alcoholic Section 4.17. Posting of License Article VI. Rules, Regulations, and Beverage through the use of false, or Every Licensee shall post and keep Enforcement altered identification that falsely posted its License(s) in a prominent and purports to show such person to be over conspicuous place(s) on the premises or Section 6.1. Sale or Distribution on the age of twenty-one (21) years shall be location designated in the License. Any Tribal Lands Without a License in violation of this Ordinance. License posted on a premises or location Any person or entity who sells or not designated in such License shall not offers for sale or distribution any Section 6.8. Documentation of Age be considered valid and shall constitute Alcoholic Beverage in violation of this Any seller or server of any Alcoholic a separate violation of this Ordinance. Ordinance, or who operates any Beverage shall be required to request

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proper and satisfactory documentation civil penalties provided for in this this Ordinance, the Tribal Council may of age of any person who appears to be Ordinance. impose injunctive relief which may thirty (30) years of age or younger. include a closure of any business or Section 6.11. Contraband; Seizure; When requested by a seller or server of other use of the property for up to one Forfeiture Alcoholic Beverages, every person shall (1) year from the date of the such be required to present proper and All Alcoholic Beverages held, owned, injunctive relief. or possessed within Tribal lands by any satisfactory documentation of the Arcticle VIII. Revenue and Reporting bearer’s age, signature, and photograph person, entity, or Licensee operating in prior to the purchase or delivery of any violation of this Ordinance are hereby Section 8.1. Use and Appropriation of Alcoholic Beverage. For purposes of this declared to be contraband and subject to Revenue Received Ordinance, proper and satisfactory seizure and forfeiture to the Tribe. All fees, taxes, payments, fines, costs, documentation shall include one or A. Seizure of contraband as defined in assessment, and any other revenues more of the following: this Ordinance shall be done by the collected by the Craig Tribal Association A. A Driver’s License or personal Tribal Council, with the assistance of under this Ordinance, from whatever identification card issued by any state law enforcement upon request; and all sources, shall be expended first for the department of motor vehicles; such contraband seized shall be administrative costs incurred in the B. United States active duty military inventoried and maintained by the administration and enforcement of this credentials; Tribal Council, the governing body of Ordinance. Any excess funds shall be C. Passport. the tribe that will serve as an subject to and available for Any seller, server, or person Administrative Court for these appropriation by the Tribal Council to attempting to purchase Alcoholic proceedings, pending a final order of the the Tribe for essential governmental Beverages who does not comply with Tribal Council. The owner of the services. contraband seized may alternatively the requirements of this section shall be Section 8.2. Audit in violation of this Ordinance and request that the contraband seized be subject to penalties, as determined by sold and the proceeds received there The Craig Tribal Association and its the court with jurisdictional authority. from be maintained by law enforcement handling of all funds collected under pending a final order of the Tribal this Ordinance is subject to review and Section 6.9. General Penalties Council. The proceeds from such a sale Audit as part of the annual financial A. Any person or entity determined are subject to forfeiture in lieu of the audit of the Tribe. seized contraband. by the Tribal Council to be in violation Section 8.3. Reports of this Ordinance, including any B. Within ten (10) days following the Reports shall be submitted to the unlawful regulation promulgated seizure of such contraband, a hearing shall be held by the Tribal Council, at Tribal Council consisting of: quarterly pursuant thereto, shall be subject to a reports and an accounting of all fees, civil penalty of not more than Five which time the operator or owner of the contraband shall be given an taxes, payments, fines, costs, Hundred Dollars ($500.00) for each such assessments, and all other revenues violation, except as provided herein. opportunity to present evidence in defense of his or her activities. collected and expended pursuant to this The Tribal Council may adopt by Ordinance. resolution a separate written schedule C. Notice of the hearing of at least ten for fines for each type of violation, (10) days shall be given to the person Article IX. Miscellaneous from whom the property was seized and taking into account the seriousness and Section 9.1. Severability threat the violation may pose to the the owner, if known. If the owner is general public health and welfare. Such unknown, notice of the hearing shall be If any provision or application of this schedule may also provide, in the case posted at the place where the Ordinance is found invalid and or of repeated violations, for imposition of contraband was seized and at the other unenforceable by a court of competent monetary penalties greater than Five public places on Tribal lands. The jurisdiction, such determination shall Hundred Dollars ($500.00) per violation notice shall describe the property not be held to render ineffectual any of limitation set forth above. The civil seized, and the time, place, and cause of the remaining provisions or applications penalties provided herein shall be in the seizure, and list the name and place of this Ordinance not specifically addition to any criminal penalties that of residence, if known, of the person identified thereby, or to render such may be imposed under any other Tribal, from whom the property was seized. If provisions to be inapplicable to other Federal, or State laws. upon the hearing, the evidence persons or circumstances. warrants, or, if no person appears as a B. Any person or entity determined by Section 9.2. Construction the Tribal Council to be in violation of claimant, the Tribal Council shall thereupon enter a judgment of Nothing in this Ordinance shall be this Ordinance, including any lawful construed to diminish or impair in any regulation promulgated pursuant forfeiture, and all such contraband shall become the property of the Craig Tribal way the rights or sovereign powers of thereto, may be subject to ejection or the Craig Tribal Association. exclusion from Tribal land or any Tribal Association. If upon the hearing the facility. evidence does not warrant forfeiture, the Section 9.3. Effective Date seized property shall be immediately Section 6.10. Initiation of Action returned to the owner. The judgment of This Ordinance shall be effective after the Secretary of the Interior certifies the Any violation of this Ordinance shall the Tribal Council shall be final and non·appealable. Ordinance and on the date it is constitute a public nuisance. The Tribal published in the Federal Register. Council may initiate and maintain in a Article VII. Nuisances court with jurisdictional authority, an Section 9.4. Prior Law Repealed action to abate and permanently enjoin Section 7.1. Nuisance Any and all prior enactments of the any nuisance declared under this Under a determination by the Tribal Craig Tribal Association that are Ordinance. Any action taken under the Council that any such place or activity inconsistent with the provisions of this section shall be in addition to any other is a nuisance under any provision of Ordinance are hereby rescinded.

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Section 9.5. Amendment certify that the Ponca Tribe of Nebraska 4. ‘‘Board member’’ means a member Amendments must be approved and Tribal Council duly adopted by of the Board. published in the Federal Register. The Resolution this Liquor Control 5. ‘‘Brewer’’ means any person effective date of an amendment is 30 Ordinance by Resolution No. 18–43, on engaged in the business of days after publication. July 21, 2018. manufacturing beer. Dated: August 22, 2018. 6. ‘‘Distiller’’ means any person Section 9.6. Sovereign Immunity Tara Sweeney, engaged in the business of distilling The Sovereign Immunity of the Craig Assistant Secretary—Indian Affairs. spirits. Tribal Association shall not be waived 7. ‘‘Distribute’’ means to deliver or The Ponca Tribe of Nebraska’s Liquor by this Ordinance. sell liquor products prior to retail sale. Control Ordinance shall read as follows: [FR Doc. 2018–19731 Filed 9–10–18; 8:45 am] 8. ‘‘Liquor’’ means alcohol, beer, spirits, wine, all other fermented, BILLING CODE 4337–15–P PONCA TRIBE OF NEBRASKA spirituous, vinous, or malt liquors, or TITLE XVI combinations thereof, and mixed liquor, DEPARTMENT OF THE INTERIOR LIQUOR CONTROL a part of which is fermented, spirituous, CHAPTER 1 vinous or malt liquor or otherwise Bureau of Indian Affairs intoxicating, and includes every liquid, GENERAL PROVISIONS solid, semi-solid or other substance, [189A2100DD/AAAA003010/ A0T602020.999900] Section 16–1–1. Authority. This Title patented or not, containing alcohol, is enacted by the Tribal Council: beer, spirits, or wine and all Ponca Tribe of Nebraska Liquor 1. Pursuant to and in accordance with preparations or mixtures of liquor Control Ordinance Article V, Section 1(j), (l), (o) and (p) of capable of human consumption. the Constitution; 9. ‘‘Manufacturer’’ means a person AGENCY: Bureau of Indian Affairs, 2. Pursuant to and in accordance with engaged in the preparation of liquor for Interior. federal statutes and other laws, sale in any form whatsoever, including ACTION: Notice. including the Act of August 15, 1953, 67 brewers, distillers, and wineries. Stat. 586, codified at 18 U.S.C. 1161, 10. ‘‘On-sale’’ means the sale of liquor SUMMARY: This notice publishes the which provide a federal legal basis for for consumption upon the premises Ponca Tribe of Nebraska’s Liquor the Tribe to regulate liquor on Tribal where sold. Control Ordinance. This Liquor Control lands; and 11. ‘‘Off-sale’’ means the sale of liquor Ordinance is to regulate and control the 3. In conformity with applicable state for consumption off the premises where possession, sale, manufacture, and laws. sold. distribution of alcohol in conformity Section 16–1–2. Purpose. The Tribe 12. ‘‘Retailer’’ means any person who with the laws of the State of Nebraska wishes to exercise its sovereignty and acquires liquor from a wholesaler or for the purpose of generating new Tribal federal delegated authority to control otherwise sells, distributes, or gives revenues. Enactment of this Ordinance liquor on Tribal lands and, therefore, away any liquor from any location or will help provide a source of revenue to the purpose of this Title is: facility for any purpose other than resale 1. To control liquor distribution, sale strengthen Tribal government, provide or further processing. and possession on Tribal lands; for the economic viability of Tribal 13. ‘‘Sale’’ means the transfer of 2. To establish procedures for the enterprises, and improve delivery of ownership of, title to, or possession of licensing of the manufacture, Tribal government services. goods for money, other goods, services, distribution and sale of liquor on Tribal DATES: This Ordinance takes effect on or other valuable consideration, September 11, 2018. lands; and 3. To otherwise regulate the including bartering, trading, FOR FURTHER INFORMATION CONTACT: Mr. manufacture, distribution, sale and exchanging, renting, leasing, conditional Todd Gravelle, Supervisory Tribal consumption of liquor. sales, and any sales where possession of Operations Specialist, Great Plains Section 16–1–3. Definitions. Unless goods is given to the buyer but title is Regional Office, Bureau of Indian the context requires otherwise or retained by the seller as security for the Affairs, 115 Fourth Avenue South East, another definition is provided for a payment of the purchase price. Suite 400, Aberdeen, South Dakota particular chapter or section, in this 14. ‘‘Spirits’’ means any beverage 57401 Telephone: (605) 226–7376, Fax: Title: which contains alcohol obtained by (605) 226–7379. 1. ‘‘Alcohol’’ means the product of distillation, whether mixed with water SUPPLEMENTARY INFORMATION: Pursuant distillation of any fermented liquid, or other substance in solution, and to the Act of August 15, 1953, Public whether rectified or diluted, whatever includes brandy, rum, whiskey, gin, or Law 83–277, 67 Stat. 586, 18 U.S.C. the origin, and includes synthetic ethyl other spirituous liquors and such 1161, as interpreted by the Supreme alcohol and alcohol processed or sold in liquors when rectified, blended, or Court in Rice v. Rehner, 463 U.S. 713 a gaseous form, but excludes denatured otherwise mixed with alcohol or other (1983), the Secretary of the Interior shall alcohol or wood alcohol. substances. certify and publish in the Federal 2. ‘‘Beer’’ means any beverage 15. ‘‘Tribal Court’’ means the Ponca Register notice of adopted liquor control obtained by the alcoholic fermentation Tribe of Nebraska Tribal Court. laws for the purpose of regulating liquor of an infusion or decoction of pure 16. ‘‘Tribal lands’’ means: transactions in Indian country. The hops, or pure extract of hops and pure a. All lands held in trust by the Ponca Tribe of Nebraska duly adopted barley malt or other wholesome grain or United States for the benefit of the Tribe the Liquor Control Ordinance on July cereal in pure water and includes, but or its members; 21, 2018. is not limited to, beer, ale, malt liquor, b. All fee lands owned by the Tribe This notice is published in stout, lager beer, porter, near beer, and located within one or more of the accordance with the authority delegated flavored malt beverage, and hard cider. Tribe’s service areas as defined by by the Secretary of the Interior to the 3. ‘‘Board’’ means the Ponca Tribe of Public Law 101–484 and any Assistant Secretary—Indian Affairs. I Nebraska Liquor Control Board. amendments thereto; and

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c. All lands of the Tribe or its required for the proper discharge of its the Tribal Council appoints his or her members defined as Indian country by duties under this Title, provided that, to successor. 18 U.S.C. 1151, including dependent the maximum extent feasible, the Board Section 16–2–5. Compensation. Board Indian communities. shall first use personnel and employees members shall be compensated at a rate 17. ‘‘Wholesaler’’ means any person of the Tribal administration as set by the Tribal Council. In addition, who acquires or otherwise possesses authorized in this Chapter. Board members shall be paid for liquor for resale or otherwise sells, Section 16–2–2. Composition. The mileage for every Board meeting distributes, resells or gives away liquor Board shall consist of five (5) members attended in accordance with the rules to a retailer. as follows: applicable to and at the standard rate 18. ‘‘Wine’’ means any alcoholic 1. One (1) Tribal Council member established for Tribal officers and beverage obtained by fermentation of designated by the Tribal Council, who employees. fruits, vegetables or other agricultural shall serve as the Chairperson of the Section 16–2–6. Resignation and products containing sugar, including Board; and Removal. such beverages when fortified by the 2. Four (4) individuals who shall be 1. Any Board member may resign addition of alcohol or spirits. appointed by the Tribal Council. from his or her position by delivering a Section 16–1–4. Consent to Section 16–2–3. Qualifications. To be written resignation to the Tribal Jurisdiction. Any person who resides on qualified to be appointed a Board Council. Tribal lands or conducts business or member, a person shall: 2. Any Board member who is a Tribal engages in a business transaction on 1. Be at least the age of majority; Council member designated by the Tribal lands or with the Tribe, enters 2. Have no conflicts of interest, as Tribal Council to serve on the Board shall automatically be removed from the into a consensual relationship with defined in this Chapter; Board upon the Tribal Council Tribe, acts under Tribal authority, or 3. Not have been convicted of any member’s resignation or removal from enters on Tribal lands shall be deemed felony or any crime involving or related to alcohol or drugs in any court of any the Tribal Council. to have consented to the following: 3. The Tribal Council may, by 1. To be bound by the terms of this jurisdiction in the five (5) years prior to appointment unless pardoned and fully majority vote, remove a Board member Title; and for any the following: 2. To the exercise of jurisdiction by restored of his or her civil rights by the proper authorities prior to appointment; a. Violating or permitting violation of the Tribal Court over him or her in an this Title; action arising under this Title. 4. Be willing and able to comply with the ethical duties of Board members, as b. Neglect of duty; Section 16–1–5. Non-Liability. There c. Malfeasance or misfeasance in the shall be no liability on the part of the defined in this Chapter; 5. Be willing and able to perform the handling of liquor control matters; Tribe, its agencies, departments, d. Acceptance or solicitation of bribes; enterprises, agents, officers, officials or Board’s duties in compliance with the e. Violation of the ethical duties or employees for any damages which may laws of the Tribe; conflict of interest provisions of this occur as a result of reliance upon or 6. Have or acquire knowledge of this Chapter; conformity with the provisions of this Title; f. Unexcused absence from three (3) or 7. Have the time available to actively Title. more consecutive Board meetings; fulfill the duties of a Board member; and Section 16–1–6. Severability. If any g. Any crime committed against the 8. Be willing to receive orientation chapter, section or provision of this Tribe which results in a conviction or and training regarding the duties of the Title or amendment made by this Title admission of guilt; or Board. is held invalid, the remaining chapters, h. Upon the happening of any event Section 16–2–4. Term of Office. which would have made the Board sections and provisions of this Title and 1. The Tribal Council member amendments made by this Title shall member ineligible for appointment if designated by the Tribal Council to the event had occurred prior to continue in full force and effect. serve on the Board shall hold office Section 16–1–7. Sovereign Immunity. appointment. until he or she no longer holds office on 4. The Tribal Council’s decision to Except where expressly waived by a the Tribal Council regardless of whether section of this Title specifically referring remove a Board member shall be final there is a successor in the office, but a and not subject to challenge, review or to a waiver of sovereign immunity, former Tribal Council member nothing in this Title shall be construed appeal. designated by the Tribal Council to Section 16–2–7. Vacancies. In the as limiting, waiving or abrogating the serve on the Board may be appointed to event of a vacancy on the Board, sovereignty or the sovereign immunity another position on the Board in whether by removal, resignation, or of the Tribe or any of its agencies, accordance with this Chapter. otherwise, the Tribal Council shall departments, enterprises, agents, 2. Upon the selection of the initial appoint a replacement to serve the officers, officials or employees. Board members, the Tribal Council shall remaining term of the Board member CHAPTER 2 choose from the members other than the being replaced. In the event of an Tribal Council member designated by LIQUOR CONTROL BOARD emergency vacancy, the Tribal Council the Tribal Council to serve on the Board, may hold a special meeting to fill the Section 16–2–1. Establishment. by lot, one (1) Board member who will vacancy. 1. There is hereby established a liquor serve an initial term of one (1) year, one Section 16–2–8. Officers. control board to be known as the Ponca Board member who will serve an initial 1. The Chairperson of the Board shall Tribe of Nebraska Liquor Control Board term of two (2) years, and two (2) Board call and preside over Board meetings. as an agency of the Tribe, under the members who will serve an initial term The Chairperson shall report to the authority of the Tribe, and delegated the of three (3) years. Thereafter, the term of Tribal Council as required. powers, duties, and responsibilities set office for Board members shall be three 2. The Board shall elect from its forth in this Title and as otherwise (3) years. members a Secretary at its first meeting provided by the laws of the Tribe. 3. Except as otherwise provided in each calendar year or at the next 2. The Board may employ such other herein, each Board member shall serve meeting of the Board if a vacancy occurs personnel and employees as may be until he or she resigns, is removed, or in the office of Secretary.

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3. The Secretary shall be responsible a. Himself or herself; 5. Matters dealing with personnel or for assuring the timely and proper b. A member of his or her immediate other confidential matters shall be production, distribution and storage of family; conducted in executive session and all written records of the Board, c. Any person, business or other shall not be open to the public. including administrative and financial entity of which he or she or a member Section 16–2–13. Powers and Duties documents. The Secretary shall keep of his or her immediate family is an of Board. The power, authority and minutes of all meetings of the Board and employee; duties of the Board shall be as follows: shall keep informed about the Board’s d. Any business or other entity in 1. To administer, implement and expenditures and budget. which he or she or a member of his or enforce this Title; Section 16–2–9. Ethics and Conflicts. her immediate family has a substantial 2. To make recommendations to the 1. No person may be appointed to the ownership interest; or Tribal Council concerning amendments Board who: e. Any business or other entity with to this Title; a. Is employed by, an officer of, or has which he or she or a member of his or 3. To receive applications for and a private ownership interest, whether her immediate family has a substantial issue to and suspend, cancel and revoke direct or indirect, in any entity or contractual relationship. licenses of manufacturers, wholesalers, organization that is a retailer, 2. Nothing in this Section shall and retailers in accordance with this wholesaler, manufacturer, brewer or preclude a Board member from Title and the rules and regulations of distiller; participating in any action or decision the Board; b. Is engaged in litigation against the by the Board which: 4. To obtain information and conduct Tribe in a matter related to the subject a. Generally affects a class of persons, background investigations to determine matter of the Board; or regardless of whether the Board member the suitability of an applicant for a c. Has a similar interest that would or a member of his or her immediate license; necessarily conflict with the impartial family is a member of the affected class; 5. To bring legal action in the name performance of a Board member’s and of the Tribe to enforce this Title; duties. b. Affects the Tribe, an economic 6. To inspect any premises where 2. The Tribal Council’s determination enterprise of the Tribe, or a person or liquor is manufactured, distributed, or whether an applicant for the Board is entity in a contractual relationship with sold as provided in this Title; barred from appointment by a conflict of the Tribe or an economic enterprise of 7. To conduct an audit to inspect any interest shall be final and not subject to the Tribe, regardless of whether the licensee’s records and books as challenge, review or appeal. Board member is also a member of the provided in this Title; 3. Board members shall: Tribe. 8. To conduct hearings and hear a. Not accept or request any gift, 3. A Board member may voluntarily appeals authorized by this Title, gratuity, compensation, employment or recuse himself or herself and decline to provided the Board shall have no other thing of value from any participate in any action or decision by authority to declare any portion of this manufacturer, wholesaler, retailer, the Board when the Board member, in Title or other law of the Tribe invalid holder or applicant for a liquor license, his or her own discretion, believes: for any reason; a. That he or she cannot act fairly or or other person subject to this Title; 9. In the conduct of any hearing or b. Avoid the appearance of without bias; or audit, to issue subpoenas, compel the impropriety; b. That there would be an appearance c. Not act in an official capacity when that he or she could not act fairly or attendance of witnesses, administer a matter before the Board directly and without bias. oaths, and require testimony under oath specifically affects a Board member’s Section 16–2–11. Quorum. Three (3) at any hearing conducted by the Board; own interests or the interests of his or Board members shall constitute a 10. To examine, under oath, either her immediate family; quorum for conducting business. orally or in writing, any person with d. Not attempt to exceed the authority Section 16–2–12. Meetings. respect to any matter subject of this granted to Board members by this Title; 1. The Board may hold meetings as it Title; e. Recognize that the authority deems necessary. 11. To collaborate and cooperate with delegated by this Title is to the Board as 2. The Chairperson of the Board shall such other agencies of the Tribe, other a whole, not to individual Board have the authority to call a meeting of tribes, the United States and the states members and, accordingly, the powers the Board as he or she sees fit upon as necessary to implement and enforce of the Board may only be exercised by forty-eight (48) hours written notice. this Title; the Board acting through the procedures Written notice to a Board member may 12. To develop standard forms and to established by this Title; be dispensed with as to any Board require by regulation the filing of any f. Not take action on behalf of the member who is actually present at the such forms or reports necessary for Board unless authorized to do so by the meeting at the time it convenes. implementation of this Title; Board; 3. The Board may conduct a meeting 13. To utilize or adopt forms from g. Not involve the Board in any exclusively by telephone, video other appropriate jurisdictions to use as controversy outside the Board’s duties; conference or other electronic means its own so long as such forms meet the and provided that the notice of the Board requirements of the laws of the Tribe for h. Hold all confidential information meeting provides the manner in which which such forms are utilized; revealed during the course of Board the meeting will be conducted and 14. To promulgate rules and business in strict confidence and includes information on how a person regulations, subject to approval of the discuss or disclose such information may attend the meeting, such as a Tribal Council and consistent with the only to persons who are entitled to the telephone number for participation in laws of the Tribe, which are necessary information and only for the purpose of the meeting. for carrying out this Title; conducting official Board business. 4. All decisions of the Board shall be 15. To delegate any of its power, Section 16–2–10. Recusal. made by a majority vote of the Board authority and duties to an individual 1. No Board member shall participate members attending the meeting, Board member or other personnel or in any action or decision by the Board provided a quorum is present, unless employee of the Board, provided that directly involving: otherwise provided in this Title. the Board shall not delegate its power to

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promulgate rules and regulations or to same in the rules of procedure safeguarding of any instrument conduct hearings and hear appeals; and governing civil actions in Tribal Court. developed under this Section and shall 16. To perform all other duties Section 16–2–16. Rules and safeguard such instruments against delegated or assigned to the Board by Regulations. The Board shall theft, counterfeiting and improper use. this Title or other laws of the Tribe or promulgate rules and regulations, not Section 16–2–19. Records of Board. the Tribal Council and otherwise inconsistent with this Title and subject 1. The Board shall create and implement this Title. to the approval of Tribal Council, as it maintain accurate and complete records Section 16–2–14. Obtaining deems necessary or desirable in the which contain information and Information. public interest in carrying out the duties documents necessary for the proper and 1. The Board may request such of the Board including, but not limited efficient operation of the Board, information relevant and material to the to: including, but not limited to: enforcement of this Title from any and 1. Internal operational procedures; a. All licenses, permits, and the like all persons who: 2. The forms to be used for purposes issued and any fees received for the a. Are engaged in the introduction, of this Title; same; sale, distribution, or possession of 3. Procedures for conducting b. All fees and penalties imposed, due liquor on Tribal lands or with the Tribe; investigations and inspections; and collected; and or 4. Procedures for all hearings c. Each and every official transaction, b. Are otherwise subject to the conducted by the Board; communication or action of the Board. jurisdiction of the Tribe. 5. Conditions of sanitation of 2. The records of the Board shall be 2. Upon a written request, such premises of licensees of the Board; and maintained at the office of the Board persons shall provide the information 6. Protection of the due process rights and shall not be removed from said requested by the Board. The Board may of all persons subject to the enforcement office without the written authorization issue a subpoena as provided in this of this Title by the Board. of the Board. Chapter or request the Court to issue a Section 16–2–17. Board Seal. 3. Except where provided otherwise subpoena or other order, including ex 1. The Board shall acquire an official in the laws of the Tribe, the records and parte without a hearing, to obtain the seal which shall be used on all original other information of the Board shall be information required to be provided and/or certified copies of all documents considered public records of the Board under this Section. of the Board to evidence their and shall be provided or made available Section 16–2–15. Investigative authenticity. for inspection during regular business Authority. 2. The seal of the Board shall: hours upon proper written request to 1. For the purpose of enforcing the a. Be circular in shape; the Board and payment of any copying provisions of this Title, the Board shall b. Contain the words ‘‘Ponca Tribe of costs set by the Board, provided that have the authority to inspect property Nebraska’’ around the top edge; confidential personal information during regular business hours, to c. Contain the words ‘‘Liquor Control appearing in such records is rendered examine and require the production of Board’’ around the bottom edge; and unreadable prior to provision or any pertinent records, books, d. Contain the words ‘‘Official seal’’ inspection. information, or evidence, and to require in the center. 4. The records of the Board shall be the presence of any person and require 3. The seal shall be secured at all subject to audit at any time at the testimony under oath concerning the times to prevent unauthorized use. direction of the Tribal Council, but not subject matter of any inquiry of the Section 16–2–18. Stamps and less than once each year. Board, and to make a permanent record Licenses. Section 16–2–20. Use of Other of the proceeding. 1. The Board shall provide for the Resources. In carrying out its duties and 2. For the purpose of accomplishing form, size, color and identifying responsibilities: the authority granted in this Section, the characteristics of all licenses, permits, 1. The Board may use the services, Board shall have the power to issue stamps, tags, receipts or other information or records of other subpoenas and summons requiring instruments evidencing receipt of any departments and agencies of the Tribe attendance and testimony of witnesses license or payment of any fee or otherwise available to the Tribe, both and production of papers or other things administered by the Board or otherwise from within and without the Tribe, and at any hearing held pursuant to this showing compliance with this Title. such departments, agencies and others Title. 2. Any instrument developed by the shall furnish such services, information 3. If a person fails to comply with a Board under this Section shall contain or records upon request of the Board; subpoena issued by the Board, the at least the following information: Board may apply to the Tribal Court for a. The words ‘‘Ponca Tribe’’ or, if and issuance of an order to show cause space allows, ‘‘Ponca Tribe of 2. The Board may use personnel and which directs that the person against Nebraska;’’ employees of the Tribal administration whom the subpoena was issued shall b. If space allows, the words ‘‘Liquor as it would personnel and employees of comply with the subpoena within ten Control Board;’’ the Board, provided the Board (10) business days or show cause why c. If the instrument is a license or coordinates with and obtains approval he or she should not be held in permit, an indication of the type of from the Tribal administration. contempt of court in accordance with license or permit, its effective dates, and CHAPTER 3 the laws of the Tribe. The Tribal Court the name and address of the person to LIQUOR LICENSES shall issue the order to show cause whom it is issued; and without notice or hearing, unless the d. If the instrument is a receipt, an Section 16–3–1. License Required. No Court finds that the subpoena was not indication of what the receipt is for, any person may sell, distribute or lawfully issued or was not properly amount the receipt is for, and the name manufacture liquor on Tribal lands served in accordance with this Section. and address of the person to whom it is except as specifically authorized by a 4. Any subpoena, summons or notice issued. license issued in accordance with this issued by the Board shall be served in 3. The Board shall provide for the Chapter and compliance with all other the manner provided for service of the manufacture, delivery, storage and applicable laws governing the same.

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Section 16–3–2. Exemptions. The 2. A manufacturer license shall allow: locations or events on Tribal lands, a following liquor and activities shall be a. The manufacture, distilling, separate special event license shall be exempt from the provisions of this Title, brewing, and storage of liquor on Tribal required for each location. including the requirement of a liquor lands; 2. A special event license shall allow license: b. The sale of liquor to wholesale and the licensee to sell and offer for sale 1. Any pharmaceutical preparation retail licensees on Tribal lands without liquor at retail for use or consumption containing liquor which is prepared by the requirement of any other license on the premises of the event specified a druggist according to a formula of the under this Chapter; and in the license, but not for resale in any pharmacopeia or dispensatory of the c. The retail on-sale of liquor to form. United States; individuals on the premises of the 3. A special event license shall 2. Wine or beer manufactured in a manufacturer without the requirement designate the precise day or period of residence for consumption therein and of any other license under this Chapter. days for which the license was issued not for sale; 3. The annual fee for a manufacturer and shall be valid only for such 3. Alcohol used or intended for use: license shall be one thousand dollars designated day or days. a. For scientific research or ($1,000.00). 4. The fee for a retail license shall be manufacturing products other than Section 16–3–5. Wholesale License. fifty dollars ($50.00) per day. liquor; 1. Any person who engages in the sale 5. The Board may provide by b. By a physician, medical or dental of liquor to manufacturers, retailers or regulation for issuing special event clinic, or hospital; wholesalers on Tribal lands shall be licenses with reduced or no fees and c. In tinctures or toilet, medicinal, and required to first obtain a wholesale utilizing expedited applications and antiseptic preparations and solutions license from the Board. If a person sells procedures exempt from the notice and not intended for internal human use nor or delivers from or stores liquor at two hearing requirements of this Chapter to to be sold as beverages, and which are or more separate places of business on licensed retailers conducting on-sales, unfit for beverage purposes, such as Tribal lands, a separate wholesale including caterers and the like, for the cleaning compounds; license shall be required for each place purpose of allowing such retailers to sell d. In food products known as of business. and offer for sale liquor at events on flavoring extracts when manufactured 2. A wholesale license shall allow: premises other than the premises and sold for cooking, culinary, or a. The wholesale purchase, designated in the retail license. flavoring purposes, and which are unfit importation, and storage of liquor and Section 16–3–8. Registration of for use for beverage purposes; or sale of liquor to licensees on Tribal Salesmen. e. By persons exempt from regulation lands; and 1. No person may take or solicit in accordance with the laws of the b. The sampling of liquor on the orders for liquor on Tribal lands without United States; premises of the licensee or a licensed first registering with the Board and 4. Ethanol or ethyl alcohol for use as retailer by a licensee and his or her providing the following: fuel; and employees. a. His or her name and address; 5. Liquor used in a bona fide religious 3. The annual fee for a wholesale b. The name and address of his or her ceremony. license shall be seven hundred fifty employer or principal; and Section 16–3–3. Liquor Licenses. dollars ($750.00). c. Such other information the Board 1. Licenses issued by the Board shall Section 16–3–6. Retail License. may require. be of the following types: 1. Any person who engages in the 2. There shall be no fee for a. Manufacturer license; retail sale of liquor on Tribal lands shall registration under this Section, but b. Wholesale license; be required to first obtain a retail license registration shall require renewal each c. Retail license; and from the Board. If a person makes sales calendar year. d. Special event license. at two or more separate places of Section 16–3–9. Application for 2. Except for special event licenses, a business on Tribal lands, a separate License. license issued by the Board shall be in retail license shall be required for each 1. Any person or entity desiring a force and effect for one (1) year place of business. license pursuant to this Chapter shall following the date it is issued, unless 2. A retail license shall allow the complete and file an application for the sooner revoked. licensee to sell and offer for sale liquor appropriate license with the Board and 3. Any person required to obtain a on the premises of the licensee specified pay such application fee as may be set license under this Chapter who fails to in the retail license at retail for use or by the Board to defray the costs of obtain such license or who continues to consumption but not for resale in any processing the application. manufacture, distribute or sell liquor form. 2. In addition to any other items after such license has been revoked 3. A retail license shall designate required by the Board, all applications shall forfeit his or her right to whether the licensee is permitted to for a license pursuant to this Chapter manufacture, distribute or sell liquor on make on-sales or off-sales, but shall not shall include the following: Tribal lands until he or she complies permit both. a. The name, address and telephone with all of the provisions of this Title. 4. The annual fee for a retail license number of the applicant; Section 16–3–4. Manufacturer shall be two hundred fifty dollars b. Any other names used by the License. ($250.00). applicant, including trade names; 1. Any person who is a manufacturer, Section 16–3–7. Special Event c. Whether the applicant is a brewer or distiller located on Tribal License. partnership, corporation, limited lands shall be required to first obtain a 1. Any person who engages in the liability company, sole proprietorship or manufacturer license from the Board. If retail sale of liquor on Tribal lands for other entity and the jurisdiction where a person manufactures liquor at two or a period of less than seven (7) the applicant is organized or registered more separate places of business on consecutive days for an event shall be to conduct business; Tribal lands, a separate manufacturer required to first obtain a special event d. The names, addresses, telephone license shall be required for each place license from the Board. If a person numbers and social security numbers of of business. makes sales at two or more separate the applicant’s principals, which shall

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include the applicant’s officers, prescribed by the Board any time prior a. The need of the area to be served directors, managers, owners, partners, to the Board considering the by the applicant; stockholders that own twenty-five application. b. The number of existing licensed percent (25%) or more of the applicant’s Section 16–3–11. Processing businesses covering the area; business, and the ten (10) largest Application. c. The desires of the community stockholders of applicant’s business 1. Upon receipt of an application for within the area to be served; regardless of percentage of stock owned; a license, the Board shall conduct or d. Any law enforcement problems e. The identity of all persons, other cause to be conducted a background which may arise because of the sale, than principals, who have an economic investigation of the applicant and each distribution or manufacture of liquor by interest in the applicant’s business; of its principals. The background the applicant; and f. The federal tax identification investigation shall include, at a e. Any other relevant consideration. number or social security number of the minimum: 5. The Board, in its discretion and applicant; a. Verification of the applicant’s upon notice to the applicant and the g. The location where the applicant business organization and registration public, may conduct a hearing regarding intends to sell, distribute or status; any application. Such hearing shall be manufacture liquor, as the case may be; b. Verification of the applicant’s state open to the public and any interested h. The type of application desired; liquor license, its status and any persons shall be permitted to present i. Whether the applicant will sell, enforcement history; and information, including witnesses and distribute or manufacture liquor on c. Conducting a criminal history evidence, to the Board regarding the Tribal lands; check of the applicant and the application. j. Whether the applicant is licensed by applicant’s principals. 6. If an applicant has not obtained a the appropriate state within whose 2. The Board shall issue a license to liquor license from the appropriate state boundaries the applicant is located to an applicant only if it finds, after within whose boundaries the applicant sell, distribute, or manufacture liquor, considering the application and any is located, the Board may approve the as applicable; comments submitted by the public: applicant’s license conditioned upon k. Information on each liquor license a. The applicant did not knowingly the receipt of such state liquor license. which the applicant has held in any provide any false information to the If the Board conditionally approves a Board regarding its application; jurisdiction; license pursuant to this subsection, the l. Whether the applicant or any of its b. The applicant is or is expected to Board shall not issue a license to the principals have been convicted of or be licensed by the appropriate state applicant unless and until the applicant plead guilty to a felony or any criminal within whose boundaries the applicant provides satisfactory proof that it has offense regarding liquor; is located to sell, distribute, or received a state liquor license. m. Whether the applicant or any of its manufacture liquor, as applicable; principals have had a liquor license c. If the applicant is a corporation or 7. The Board shall issue a decision on revoked or suspended in any other entity, that it is organized under the application in writing. The Board’s jurisdiction; and the laws of the Tribe or registered to decision shall be served on the n. Agreement by the applicant to conduct business on Tribal lands in applicant and posted at all Tribal comply with the laws of the Tribe and accordance with the laws of the Tribe governmental offices and on the Tribe’s all conditions of the license issued by governing the same; website for at least fifteen (15) days and the Board. d. Neither the applicant nor any of its published in the next edition of the Section 16–3–10. Notice of principles has been convicted of or Tribal newsletter. Application. plead guilty to a felony or any criminal Section 16–3–12. Form of License. 1. Each license issued pursuant to this 1. Upon receipt of an application for offense related to liquor in any Chapter shall specify: a license, the Board shall issue a notice jurisdiction; of the application which shall include: e. Neither the applicant nor any of its a. The name and address of the a. The name of the applicant; principals has had a liquor license licensee; b. The type of license issued; b. The location where the applicant revoked in any jurisdiction in the c. The premises to which the license intends to sell, distribute or previous two (2) years; manufacture liquor; f. The requirements of this Title and applies; d. If the license is a manufacturer c. The date the Board intends to the Board’s regulations have been met; consider the application, which shall be g. The applicant’s capability, license, the type of liquor the licensee no sooner than thirty (30) days after the qualifications, and reliability are is permitted to manufacture, distill, notice is posted in accordance with this satisfactory; and brew, store, and sell; and Section; h. The best interests of the Tribe, its e. If the license is a retail license, d. Information on submitting members, and the community as a whether it permits on-sales or off-sales comments on the application to the whole will be served by the issuance of with respect to the premises to which Board by mail or electronic means; and the license. the license applies. e. A statement that comments on the 3. In reviewing an applicant’s 2. The licensee must keep the license application must be received no later capability, qualifications and reliability, posted at all times in a conspicuous than the day prior to the Board the Board shall consider: place on the premises for which it has considering the application. a. The character and reputation of the been issued. 2. The notice of the application shall applicant; 3. Licensees must pay all taxes be posted at all Tribal governmental b. The suitability of the physical assessed against it under the laws of the offices and on the Tribe’s website for at premises of the applicant; Tribe. least thirty (30) days and, if an edition c. The plan of operation of the 4. Licensees shall comply, as a of the Tribal newsletter will be released applicant; and condition of retaining such license, with prior to consideration of the application, d. Any other relevant consideration. all applicable laws of the Tribe and with published in the Tribal newsletter. 4. In reviewing the interests of the all requests of the Board for inspection, 3. Persons may submit comments on Tribe, its members and the community examination and audit permitted under the application in the manner as a whole, the Board shall consider: this Title.

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5. Notwithstanding anything else in 5. If a licensee requests a change in 2. The Board may grant a former the laws of the Tribe, a license issued location, the Board shall issue and post licensee an additional twenty (20) days pursuant to this Chapter constitutes a notice of the modification of location to sell or otherwise dispose of its stock only a permit to the licensee to conduct and permit public comment the same as upon the former licensee showing good the activities permitted by the license an application for a new license. The cause for such extension and no failure for the duration of the license and shall Board shall approve a change in in due diligence to make such disposal. not be construed or deemed to location only if it finds, after 3. Any liquor remaining in the constitute a property or other vested considering the application and any possession of a former licensee and not right of any kind or give rise to a legal comments submitted by the public: disposed of in accordance with this entitlement to a license for any future a. The applicant has obtained or is in Section shall be treated as contraband in period of time. the process of obtaining a license or accordance with this Title. Section 16–3–13. Renewal of License. modification for the new location from 4. A former licensee shall submit to 1. A licensee may renew its license by the appropriate state within whose the Board a complete report of the filing an application for renewal with boundaries the applicant is located, disposition of all stock pursuant to this the Board and paying such renewal provided that the Board may approve Section. application fee as may be set by the the change in location conditioned upon Section 16–3–17. Duty to Keep Board to defray the costs of processing the receipt of such state license or Records. Every licensee shall keep and the application. modification so long as the Board does maintain accurate records of the 2. The renewal application shall not issue the modified license unless purchase and sale of liquor, including identify any changes in information and until the applicant provides books of account, invoices, and bills. required on the licensee’s application satisfactory proof that it has received a Such records shall be maintained for a for a license since the issuance of the state license or modification; period of at least two (2) years. license or previous renewal, whichever b. The physical premises of the new Section 16–3–18. Operation of is later, or the applicant shall certify location is suitable for the license; and Licensed Premises. that no such information has changed. c. The best interests of the Tribe, its 1. No licensee may reseal, reuse, or 3. A license issued pursuant to this members and the community as a whole refill any package that contains or Chapter shall be automatically renewed will be served by the modification of the contained liquor. upon submission of a renewal location. 2. No retail licensee may lock, or application and payment of the 6. If the Board approves a permit the locking of the entrances to applicable annual license fee, unless: modification of a license pursuant to the licensed premises until all persons a. Information required on the this Section, the Board shall issue a other than the licensee and its application for a license has changed in modified license to the licensee employees have left. such a manner that it makes the licensee 3. No licensee may change the name reflecting the modified information. The ineligible for a license under this of its licensed premises without first modified license shall expire on the Chapter; or obtaining a modification of its license as same date as the original license. b. The Board determines in writing provided in this Chapter. 7. Any modification of a license not that renewal would not be in the best 4. A licensee shall conduct its provided for in this Section shall interests of the Tribe, its members or the business in a decent, orderly and require the issuance of a new license in community as a whole. respectable manner and shall not permit Section 16–3–14. Transfer and accordance with this Chapter. loitering by intoxicated persons, Modification of License. Section 16–3–15. Appeal. An rowdiness, undue noise, or any other 1. No license issued pursuant to this applicant or licensee may request a disturbance offensive to the residents of Chapter may be assigned or transferred formal conference regarding or file an Tribal lands. to any other person or entity. appeal of a decision of the Board 5. A retail licensee shall demand 2. Any change in ownership of the denying an application for a license or satisfactory evidence of a person’s age licensee that constitutes more than fifty any renewal or modification thereof in upon such person’s attempt to purchase percent (50%) of the ownership interest accordance with the provisions of this any liquor from the retail licensee if in a licensee shall require the issuance Title governing appeals before the such person appears to the retail of a new license in accordance with this Board. licensee to be under the age of twenty- Chapter. Section 16–3–16. Sale of Stock. one (21) and shall refuse to sell liquor 3. A licensee may request a change in 1. Upon revocation, non-renewal or to any such person who fails or refuses the name and/or address of the licensee other termination of a license issued to produce such satisfactory evidence. or a change in location of the premises pursuant to this Chapter, a former Satisfactory evidence of age shall to which the license applies by applying licensee may dispose of any liquor in its include: with the Board for a modification of the stock within thirty (30) days of a. A driver’s license or identification license in accordance with this Section expiration of its former license by: card validly issued by any state and paying such fee as may be set by the a. Selling such stock in whole or in department of motor vehicles; Board to defray the costs of processing part to a wholesaler or retailer licensed b. A United States active duty military the modification. pursuant to this Chapter; identification; 4. The Board shall approve a change b. Selling such stock in whole or in c. A passport validly issued by any in the address of the licensee upon part to a wholesaler or retailer located jurisdiction; and request, provided the change in address outside Tribal lands and authorized to d. Identification card issued by a is not a change in location. The Board purchase such liquor; federally recognized tribe which shall approve a change in the name of c. Moving such stock in whole or in includes a photograph and date of birth. the licensee provided that the name is part outside Tribal lands to a location Section 16–3–19. Insurance. not the name of an individual and the where such liquor is authorized to be 1. Licensees and their employees are change is not the result of any change stored or held; or liable for injuries or damage to property in more than fifty percent (50%) of the d. Destroying such liquor under the resulting from their negligent or reckless ownership interest in the licensee. supervision of the Board. acts and omissions, whether in the

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operation of the licensed premises or in 2. In conducting an examination and a. Close the notice of violation if their violation of this Title. audit pursuant to this Section, the Board satisfied by the accused’s response; or 2. All manufacturers and retailers may: b. Conduct or cause to be conducted conducting on-sales shall maintain a. Examine any books, records, a thorough investigation of the notice of insurance coverage insuring against papers, maps, documents, or other data violation. liability under this Section in the which may be relevant and material to 6. If an investigation is conducted and amount of at least $1,000,000.00 for the inquiry upon reasonable notice: such investigation reveals that there is bodily injury to any one (1) person, i. During normal business hours; evidence to support that a violation of $500,000.00 for any one (1) accident or ii. At any other time agreed to by the this Title occurred, the Board shall personal injury, and $100,000.00 for person having possession, custody or determine an appropriate sanction for property damage. care for such data; or such violation as provided in this iii. At any time pursuant to an order Chapter, including civil fine, license CHAPTER 4 of the Tribal Court; suspension or revocation, or both, and ENFORCEMENT AND VIOLATIONS b. Summon the licensee, any officer or impose such sanction in accordance employee or agent of the licensee, or with the provisions of this Chapter. Section 16–4–1. Complaints. any person having possession, custody 1. Allegations of a violation of this 7. Written notice shall be provided of or care of the books of account the Board’s decision under this Section. Title shall be presented to the Board by containing entries relating to the submitting a complaint with such Section 16–4–4. Formal Conference. business of the licensee or required to 1. Within thirty (30) days of service of allegation in writing to the Chairperson perform the act, or any other person the a decision of the Board, a person subject of the Board or his or her designee. Board may deem proper, to appear of the decision may request a conference 2. A complaint may be submitted by before the Board at the time and place with the Board to seek a review and any Board member or member of the named in the summons and to produce redetermination of the decision. public who believes that a person has such books, records, papers, maps, 2. A request for a conference shall: committed a violation of this Title. documents or other data, and to give a. Be made in writing to the Board or 3. A complaint shall specify the such testimony, under oath, as may be its designee; person against whom the allegation is relevant or material to the inquiry; and b. Identify the decision of the Board; being made and the conduct that is c. Take testimony of any person, c. Declare the redetermination sought; alleged to be in violation of this Title. under oath, as may be relevant or and 4. Upon receipt of a complaint material to the inquiry. d. Include a complete statement of the pursuant to this Section, the Board shall Section 16–4–3. Notice of Violation. facts relied on. review the complaint to determine if the 1. If the Board has reason to believe 3. The Board, after an initial inquiry, allegations made fall within the scope of that a violation of this Title has may deny the request for a conference this Title and whether, assuming the occurred, the Board shall issue a notice and direct the person to proceed to an facts alleged are true, said facts would of violation to all persons accused of the appeal in accordance with this Chapter. constitute a violation of this Title. violation. 4. Upon request or its own initiative, 5. If the Board determines that the 2. A notice of violation shall state: the Board may stay any action on its allegations do not fall within the scope a. The specific provisions of this Title decision until a time not more than of this Title or do not allege facts which, alleged to have been violated; thirty (30) days after issuance of a if true, would constitute a violation of b. The Board will consider any decision from the conference. this Title, the Board shall provide written response to the notice of 5. The Board may confer with the written notice to the complainant which violation from the accused before person by phone or in person, or may shall state that: determining whether to proceed with require the submission of additional a. The Board received the complaint; the notice of violation; and written material and will issue a written b. The Board has reviewed the c. The accused may respond in decision. If the result sought is denied complaint in accordance with the writing to the notice of violation within in whole or in part, the decision will provisions of this Chapter; fourteen (14) calendar days of service of state the basis for the denial. c. The Board has determined that the the notice. 6. After the Board issues its decision, allegations do not fall within the scope 3. If a notice of violation is not the person may appeal the matters in of this Title and/or do not allege facts delivered to a person accused of the dispute as provided in this Chapter. The which would constitute a violation of violation personally at the time of person may request a stay of the this Title; and issuance, it shall be served on such decision within ten (10) days after d. The matter is closed. person in the manner provided for issuance of the decision, provided the 6. If the Board determines that the service of a summons in the rules of request is based upon an intention to allegations fall within the scope of this procedure governing civil actions in request a hearing. Title and allege facts which, if true, Tribal Court. 7. If no appeal is made within the would constitute a violation of this 4. The accused shall have the right to time allowed, the decision from a formal Title, the Board shall make or cause to respond to a notice of violation within conference is final and is not subject to be made a preliminary investigation of the time stated in the notice of violation. any appeal before the Board or in any the allegations in the complaint and, if The accused may include copies of any court. there is reason to believe the allegations documents which the accused believes Section 16–4–5. Appeal. in the complaint, the Board shall issue support his or her position. 1. Within thirty (30) days of service of a notice of violation as provided in this 5. After the time has expired for the a decision of the Board or issuance of Chapter. accused to respond to a notice of a decision from a formal conference, a Section 16–4–2. Examination and violation, the Board shall consider any party aggrieved by the decision may file Audit. written response to the notice of an appeal with the Board. 1. The Board may examine and audit violation and determine how to proceed 2. A request for appeal shall: any licensee for the purpose of with the notice of violation. Based on its a. Be made in writing to the Board; enforcing this Title. review, the Board may: b. Identify the decision of the Board;

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c. Identify any conference decision; e. In reviewing legal conclusions e. For any retailer to take or solicit d. Declare the redetermination sought; reached by the Board, the Tribal Court orders for the delivery of liquor from and shall give proper weight to the Board’s any person unless such person is e. Include a complete statement of the interpretation of this Title and any rules registered as a salesman in accordance facts relied on. and regulations of the Board; with this Title; 3. Upon request or its own initiative, f. The Tribal Court shall affirm any f. For any retailer to have any interest the Board may stay any action on its determination by the Board that the in the property or business of a decision until a time not more than issuance, renewal or modification of a manufacturer or wholesaler; thirty (30) days after issuance of a license is not in the best interests of the g. For any licensee to neglect or refuse decision from the appeal. Tribe, its members or the community as to produce or submit for inspection, 4. The Board shall conduct a hearing a whole unless such determination is examination or audit any records on the applicant’s appeal and take clearly arbitrary and capricious; lawfully requested by the Board in testimony and examine documentary g. The Tribal Court may affirm, accordance with this Title; evidence as necessary to determine the reverse, modify or vacate and remand h. For a retailer to obtain liquor in appeal. the Board’s final decision, but shall 5. After hearing an appeal, the Board unbroken packages except from a affirm the final decision unless the manufacturer or wholesale licensee; shall issue a decision. The decision of Tribal Court concludes that the final the Board on an appeal under this i. For a retailer or employee of a decision of the Board is: retailer to accept or give gifts of liquor Section shall be the final decision of the i. Not supported by the evidence; in connection with its business, except Board, provided that the Board shall ii. Arbitrary or capricious; have been deemed to have issued a final iii. An abuse of discretion; for the sampling of liquor as provided decision denying an appeal if the Board: iv. Beyond the Board’s authority; or by a wholesaler in the ordinary course a. Fails to schedule and hold a v. Otherwise contrary to the laws of of the trade; hearing on the merits of an otherwise the Tribe. j. For a manufacturer or retailer valid appeal within sixty (60) days after 3. The Tribal Court shall dismiss any conducting on-sales to employ any receipt of a notice of appeal; or action brought against the Board if the person for the purpose of soliciting the b. Fails to issue a written decision person filing the action has not purchase of liquor within the licensed within thirty (30) days of the hearing on exhausted all administrative remedies premises on a percentage or commission the merits of the appeal. before the Board, including an appeal to basis; 6. The Board may permit or require, the Board. k. For a manufacturer or retailer pursuant to the rules and regulations of 4. Notwithstanding anything to the conducting on-sales to sell liquor the Board, one or more levels of review contrary in this Title, the Tribal Court without insurance coverage as required by its employees or delegates in shall not have jurisdiction or authority by this Title; addition and prior to appeal to the to award or order the payment of l. To knowingly employ a person Board, provided that the failure to damages or other monies or provide any under the age of majority in the sale, proceed to a next required level of remedy to a party except for affirming, distribution or manufacture of liquor; review shall constitute a waiver of any reversing, modifying or vacating and m. For a manufacturer conducting on- further appeal or judicial review. remanding the decision of the Board. sales, a retailer, or an employee of either 7. The failure to file an appeal 5. The Tribal Court’s jurisdiction to to consume liquor or be intoxicated pursuant to this Section shall not review a final decision of the Board while selling liquor on the licensed prevent the aggrieved party from shall be exclusive and a final decision premises; defending any action brought by the of the Board shall not be subject to n. For a manufacturer conducting on- Board against the party in Tribal Court. appeal, review, challenge, or other sales or a retailer to sell liquor for Section 16–4–6. Judicial Review. action in any court or tribunal except as anything other than cash, check, or 1. If a party is aggrieved by a final provided in this Section. credit or debit card transaction or decision of the Board on appeal, the Section 16–4–7. Storage, Sale and extend credit to any person, party may challenge the decision by Manufacture Violations. organization, or entity for the purchase 1. It shall be a violation of this Title: filing a petition requesting judicial of liquor; review of the Board’s decision in the a. To introduce, store, possess, sell, offer for sale, distribute, transport or o. For a retailer conducting off-sales Tribal Court. or an employee of such a retailer to sell 2. Judicial review of the Board’s manufacture liquor without first or give liquor in broken or refilled decision shall proceed in accordance obtaining all necessary licenses or in packages; with the following: any manner not authorized by this Title; a. The petition for judicial review b. To store, sell, offer for sale, p. For a retailer conducting off-sales shall be filed within thirty (30) days of distribute, transport or manufacture or an employee of such a retailer to the issuance of the Board’s decision; liquor in violation of any provision of permit the consumption of liquor on the b. No new or additional evidence may this Title or the terms of a license issued retailer’s premises; be introduced, but the matter shall be pursuant to this Title; q. For a retailer conducting on-sales or heard on the record established before c. To deliver liquor to a manufacturer, an employee of such a retailer to sell or the Board; wholesaler or retailer at any place other give liquor for consumption off the c. No new or additional issues may be than the premises described in the retailer’s premises; raised and only issues raised before the license of such manufacturer, r. To knowingly sell liquor to a person Board may be heard regardless of the wholesaler or retailer; under the age of twenty-one (21) years; Board’s authority to hear the issue; d. For any manufacturer, wholesaler s. For a manufacturer, retailer or d. The Tribal Court shall uphold all or retailer to keep or store any liquor at employee of either to sell or give any factual findings of the Board unless the any place other than on the premises liquor to any person or permit the Tribal Court concludes that such where such manufacturer, wholesaler or consumption of liquor on the licensed findings are not supported by the retailer is authorized to operate and premises between the hours of two 2:00 substantive evidence in the record except as otherwise provided in this a.m. and 6:00 a.m., provided that a established before the Board; Title; manufacturer may sell or give liquor in

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unopened packages to wholesale and Title, a person who commits a violation 4. Any suspension of a license retail licensees during any hour; of this Section shall be subject to a civil pursuant to this Section shall be t. For a manufacturer or retailer fine of up to one hundred dollars ($100) effective twenty-four (24) hours after conducting on-sales or an employee of per occurrence, which may be imposed service of notice thereof upon the either to sell or give liquor to an by the Board pursuant to a notice of licensee. During any period of intoxicated person within the licensed violation and thereafter enforced and suspension of a license, the licensee premises. collected through a civil cause of action shall have and exercise no rights or 2. If an act is a violation of this Title brought by the Board on behalf of the privileges whatsoever under the license. when committed by a licensee, retailer, Tribe in the Tribal Court. 5. After revocation of a license, the wholesaler or manufacturer, the Section 16–4–9. Reporting of licensee’s rights and privileges under licensee, retailer, wholesaler or Violations. The Board may report any such license shall terminate twenty-four manufacturer is also liable if the act is violation of this Title to the appropriate (24) hours after service of notice thereof committed by one of its employees or officials of other jurisdictions and upon the licensee. Any licensee whose agents. request an investigation and, if license is revoked shall not be granted 3. In addition to any other appropriate, prosecution of such any license under the provisions of this consequences for a violation of this violation as a violation of the laws of Title for a period of two (2) years from Title, including suspension or that jurisdiction, including the criminal the date of revocation. revocation of a license, a person who laws of that jurisdiction. Section 16–4–11. Enjoining Business. commits a violation under this Section Section 16–4–10. Revocation and In addition to any other remedies shall be subject to a civil fine of up to Suspension of License. available to it, the Board may bring, in five hundred dollars ($500) per 1. The Board may summarily suspend the name of the Tribe, an action in any occurrence, which may be imposed by for up to fifteen (15) days the license of appropriate court to enjoin the the Board pursuant to a notice of any person upon a finding of imminent operation of any unlicensed business, violation and thereafter enforced and danger to the public welfare caused by activity, or function when this Title collected through a civil cause of action the licensee or any act or omission of requires a license for the conduct of brought by the Board on behalf of the the licensee. such business, activity or function. The Tribe in the Tribal Court. 2. The Board, after at least ten (10) enjoining of a business pursuant to this Section 16–4–8. Violations by Public. days notice and a full hearing, may Section shall be deemed an exclusion of 1. It shall be a violation of this Title revoke the license of any person for any the business pursuant to the Tribe’s for any person: of the following: power to exclude and other inherent a. Who is under the age of twenty-one a. Repeatedly violating or permitting powers and authority of the Tribe. (21) years, to: i. Purchase or attempt to purchase the violation of any provision of this Section 16–4–12. Seizure of liquor except at the direction and under Title or the rules and regulations of the Contraband. the supervision of the Board, its Board; 1. In addition to any other remedies designee, or other law enforcement b. Failure or refusal to pay all taxes available to it, the Board, pursuant to an official for the purpose of enforcing this imposed on the sale, distribution or order issued by the Board, may seize Title or other applicable law governing manufacture of liquor under the laws of any liquor possessed contrary to the liquor on Tribal lands; the Tribe; terms of this Title, including liquor ii. Consume or possess liquor except c. Misrepresentation of a material fact possessed for manufacture or sale, as for possession as a part of employment in the licensee’s application for a contraband. to the extent permitted under this Title license or any renewal thereof; 2. Upon seizure of any liquor and any applicable state law, d. The occurrence of any event which pursuant to this Section, the Board shall consumption or possession as part of a would have made the licensee ineligible inventory all items seized and leave a bona fide religious ceremony, or for a license if the event had occurred written copy of such inventory with the consumption or possession in his or her prior to the issuance of the license; person from whom it was seized or, if permanent place of residence; or e. Failure to maintain insurance such person cannot be found, posted at iii. Attempt to purchase liquor coverage as required by this Title for a the place from which the liquor was through the use of false or altered continuous period of more than thirty seized. identification which purports to show (30) days; 3. Any person who claims an the person to be over the age of twenty- f. Imminent danger to the public ownership interest, right of possession one (21) years; welfare caused by the licensee or any to, or other interest in liquor seized b. To consume liquor from a broken act or omission of the licensee which pursuant to this Section may request a package in a public place, other than has not been corrected within a formal conference regarding or file an licensed premises specified in a reasonable time after notice from the appeal of the Board’s seizure of such manufacturer license, a retailer license Board; or liquor in accordance with the provisions which allows on-sales, or a special g. Failure of the licensee to correct an of this Chapter governing appeals before event license; or unhealthy or unsafe condition on the the Board. c. To transfer in any manner an licensed premises within a reasonable 4. Upon the expiration or conclusion identification of age to a person under time after notice from the Board. of any appeal permitted under this the age of twenty-one (21) years for the 3. The Board may suspend the license Chapter of seizure of liquor pursuant to purpose of permitting such person to of any licensee for a period not this Section, including permitted obtain liquor, provided that exceeding one-hundred eighty (180) judicial review, such liquor shall be corroborative testimony of a witness days as an alternative to revoking the forfeited and all title and ownership other than the underage person shall be license if the Board is satisfied that the interest in such liquor shall vest in the a requirement of finding a violation of grounds giving rise to the revocation or Tribe unless an appeal or judicial this subsection. the circumstances thereof are such that review returns such liquor to the person 2. In addition to any other a suspension of the license would be from whom it was seized or other consequences for a violation of this adequate. person entitled thereto.

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5. If necessary, the Board may file a ACTION: Notice of information collection; following issues: (1) Is the collection complaint for forfeiture against any request for comment. necessary to the proper functions of liquor seized pursuant to this Section in OSMRE; (2) is the estimate of burden the Tribal Court. Upon the Board SUMMARY: In accordance with the accurate; (3) how might OSMRE showing by clear and convincing Paperwork Reduction Act of 1995, we, enhance the quality, utility, and clarity evidence that seized liquor is the Office of Surface Mining of the information to be collected; and contraband under this Title, the Tribal Reclamation and Enforcement (OSMRE), (4) how might OSMRE minimize the Court shall enter an order that such are announcing our intention to request burden of this collection on the liquor is forfeited and that all title and renewed approval for the collection of respondents, including through the use ownership interest in such liquor is information that provides a tool for of information technology. vested in the Tribe. OSMRE and the States/Indian tribes to Comments that you submit in 6. Any liquor seized pursuant to this help them prevent persons with response to this notice are a matter of Section to which title has vested in the outstanding violations from conducting public record. Before including your Tribe that is no longer required for further mining or AML reclamation address, phone number, email address, evidence may be sold for the benefit of activities in the State. This information or other personal identifying the Tribe or destroyed under the collection activity was previously information in your comment, you supervision of the Board. approved by the Office of Management should be aware that your entire Section 16–4–13. Sovereign Immunity and Budget (OMB), and assigned control comment—including your personal in Enforcement. number 1029–0119. identifying information—may be made 1. Except for valid judicial review of DATES: Interested persons are invited to publicly available at any time. While a decision of the Board as provided in submit comments on or before October you can ask us in your comment to this Title, nothing in this Title shall be 11, 2018. withhold your personal identifying construed as limiting, waiving or ADDRESSES: Send written comments on information from public review, we abrogating the sovereignty or the this information collection request (ICR) cannot guarantee that we will be able to sovereign immunity of the Board or any to the Office of Management and do so. of its agents, officers, officials, Budget’s Desk Officer for the Title of Collection: 30 CFR 874.16— personnel or employees. Department of the Interior by email at Contractor Eligibility and the 2. An action brought or taken by the [email protected]; or via Abandoned Mine Land Contractor Board, including without limitation the facsimile to (202) 395–5806. Please Information Form. bringing of suit for the collection of provide a copy of your comments to OMB Control Number: 1029–0119. fines or enjoining a business, activity or John Trelease, Office of Surface Mining Abstract: 30 CFR 874.16 requires that function, shall not constitute a waiver of Reclamation and Enforcement, 1849 C every successful bidder for an AML sovereign immunity as to any Street NW, Mail Stop 4559, Washington, contract must be eligible under 30 CFR counterclaim, regardless of whether the DC 20240; or by email to jtrelease@ 773.15(b)(1) at the time of contract asserted counterclaim arises out of the osmre.gov. Please reference OMB award to receive a permit or conditional same transaction or occurrence or in any Control Number 1029–0119 in the permit to conduct surface coal mining other respect. subject line of your comments. operations. Further, the regulation 3. No economic enterprise of the Tribe FOR FURTHER INFORMATION CONTACT: To requires the eligibility to be confirmed may claim sovereign immunity as a request additional information about by OSMRE’s automated Applicant/ defense to any action brought or taken this ICR, contact John Trelease by email Violator System (AVS) and the by the Board, including a suit for the at [email protected], or by telephone contractor must be eligible under the collection of fines or the enjoining of a at (202) 208–2783. You may also view regulations implementing Section 510(c) business, activity or function of such the ICR at http://www.reginfo.gov/ of the Surface Mining Control and economic enterprise and, to the extent public/do/PRAMain. Reclamation Act to receive permits to necessary, the Tribe waives the SUPPLEMENTARY INFORMATION: In conduct mining operations. This form sovereign immunity of its economic accordance with the Paperwork provides a tool for OSMRE and the enterprises in any action brought or Reduction Act of 1995, we provide the States/Indian tribes to help them taken by the Board against such general public and other Federal prevent persons with outstanding economic enterprise. agencies with an opportunity to violations from conducting further [FR Doc. 2018–19733 Filed 9–10–18; 8:45 am] comment on new, proposed, revised, mining or AML reclamation activities in BILLING CODE 4337–15–P and continuing collections of the State. information. This helps us assess the Form Number: AML Contractor impact of our information collection Information Form (No form number). DEPARTMENT OF THE INTERIOR requirements and minimize the public’s Type of Review: Extension of a currently approved collection. Office of Surface Mining Reclamation reporting burden. It also helps the Respondents/Affected Public: AML and Enforcement public understand our information collection requirements and provides contract applicants and State and Tribal [S1D1S SS08011000 SX064A000 the requested data in the desired format. regulatory authorities. 189S180110; S2D2S SS08011000 A Federal Register notice with a 60- Total Estimated Number of Annual SX064A000 18XS501520; OMB Control day public comment period soliciting Respondents: 160 contract applicants Number 1029–0119] comments on this collection of and 13 State and Tribal regulatory Agency Information Collection information was published on July 3, authorities. Activities: Contractor Eligibility and 2018 (83 FR 31173). No comments were Total Estimated Number of Annual the Abandoned Mine Land Contractor received. Responses: 173 responses. Information Form We are again soliciting comments on Estimated Completion Time per the proposed ICR that is described Response: An average of 30 minutes per AGENCY: Office of Surface Mining below. We are especially interested in applicant, and 1 hour per regulatory Reclamation and Enforcement, Interior. public comment addressing the authority.

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Total Estimated Number of Annual DEPARTMENT OF LABOR Comments that are mailed to the Burden Hours: 91 hours. address provided above must be Respondent’s Obligation: Required to Office of Federal Contract Compliance postmarked before the close of the obtain or retain a benefit. Programs comment period. All submissions must Frequency of Collection: Once. include OFCCP’s name and the OMB Total Estimated Annual Nonhour Proposed Renewal of the Approval of Control number for identification. Burden Cost: $0. Information Collection Requirements; Comments, including any personal An agency may not conduct or Comment Request information provided, become a matter sponsor and a person is not required to of public record and will be posted on ACTION: Notice. respond to a collection of information www.regulations.gov. They will also be unless it displays a currently valid OMB SUMMARY: The Department of Labor summarized and/or included in the control number. (DOL), as part of its continuing effort to request for OMB approval of the Authority: The authorities for this reduce paperwork and respondent information collection request. action are the Surface Mining Control burden, conducts a pre-clearance FOR FURTHER INFORMATION CONTACT: and Reclamation Act of 1977, as consultation program to provide the Debra A. Carr, Director, Division of amended (30 U.S.C. 1201 et seq.), and general public and federal agencies with Policy and Program Development, the Paperwork Reduction Act of 1995 an opportunity to comment on proposed Office of Federal Contract Compliance (44 U.S.C. 3501 et seq.). and/or continuing collections of Programs, Room C–3325, 200 John A. Trelease, information in accordance with the Constitution Avenue NW, Washington, Paperwork Reduction Act of 1995 DC 20210. Telephone: (202) 693–0103 Acting Chief, Division of Regulatory Support. (PRA). The program helps to ensure that (voice) or (202) 693–1337 (TTY) (these [FR Doc. 2018–19660 Filed 9–10–18; 8:45 am] requested data can be provided in the are not toll-free numbers). Copies of this BILLING CODE 4310–05–P desired format, reporting burden (time notice may be obtained in alternative and financial resources) is minimized, formats (large print, braille, audio collection instruments are clearly recording) upon request by calling the understood, and the impact of collection numbers listed above. INTERNATIONAL TRADE requirements on respondents can be COMMISSION SUPPLEMENTARY INFORMATION: properly assessed. Currently, the Office I. Background: OFCCP administers of Federal Contract Compliance and enforces the three [USITC SE–18–043] Programs (OFCCP) is soliciting nondiscrimination and equal comments concerning its proposal to employment opportunity laws listed Government in the Sunshine Act obtain approval from the Office of Meeting Notice below. Management and Budget (OMB) to • Executive Order 11246, as amended Agency Holding the Meeting: United renew the information collection that (E.O. 11246) States International Trade Commission. implements standard procedures for • Section 503 of the Rehabilitation Act Time and Date: September 21, 2018 at supply and service contractors seeking of 1973, as amended (Section 503) 11:00 a.m. approval to develop affirmative action • Vietnam Era Veterans’ Readjustment Place: Room 101, 500 E Street SW, programs based on functional or Assistance Act of 1974, as amended Washington, DC 20436, Telephone: business units. A copy of the proposed (VEVRAA) (202) 205–2000. information collection request can be These authorities prohibit Status: Open to the public. obtained by contacting the office listed employment discrimination and require Matters to be Considered: below in the FOR FURTHER INFORMATION affirmative action to ensure that equal 1. Agendas for future meetings: None. CONTACT section of this Notice or by employment opportunities are available 2. Minutes. accessing it at www.regulations.gov. regardless of race, color, religion, sex, 3. Ratification List. DATES: Written comments must be sexual orientation, gender identity, 4. Vote on Inv. Nos. 701–TA–609 and submitted to the office listed in the national origin, disability, or status as a 731–TA–1421 (Preliminary)(Steel addresses section below on or before protected veteran by federal contractors. Trailer Wheels from China). The November 13, 2018. Additionally, federal contractors and Commission is currently scheduled to ADDRESSES: You may submit comments subcontractors are prohibited from, complete and file its determinations on by any of the following methods: discriminating against applicants and September 24, 2018; views of the Electronic comments: The federal employees for asking about, discussing, Commission are currently scheduled to eRulemaking portal at or sharing information about their pay be completed and filed on October 1, www.regulations.gov. Follow the or the pay of their co-workers. E.O. 2018. instructions found on that website for 11246 applies to federal contractors and 5. Outstanding action jackets: None. submitting comments. subcontractors and to federally assisted In accordance with Commission Mail, Hand Delivery, Courier: construction contractors holding a policy, subject matter listed above, not Addressed to Debra A. Carr, Director, Government contract in excess of disposed of at the scheduled meeting, Division of Policy and Program $10,000, or Government contracts which may be carried over to the agenda of the Development, Office of Federal Contract have, or can reasonably be expected to following meeting. Compliance Programs, 200 Constitution have, an aggregate total value exceeding By order of the Commission. Avenue NW, Room C–3325, $10,000 in a 12-month period. E.O. Washington, DC 20210. 11246 also applies to government bills Issued: September 7, 2018. Instructions: Please submit one copy of lading, depositories of federal funds William Bishop, of your comments by only one method. in any amount, and to financial Supervisory Hearings and Information For faster submission, we encourage institutions that are issuing and paying Officer. commenters to transmit their comment agents for U.S. Savings Bonds. Section [FR Doc. 2018–19861 Filed 9–7–18; 4:15 pm] electronically via the 503 prohibits employment BILLING CODE 7020–02–P www.regulations.gov website. discrimination against applicants and

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employees because of physical or DEPARTMENT OF LABOR authority working conditions with mental disability and requires respect to which other federal agencies affirmative action to ensure that persons Occupational Safety and Health have exercised statutory authority to are treated without regard to disability. Administration prescribe or enforce standards or Section 503 applies to federal [Docket No. OSHA–2013–0027] regulations affecting occupational safety contractors and subcontractors with and health. The 1992 MOU contracts in excess of $15,000. VEVRAA Addendum to the Memorandum of acknowledges DOE’s extensive program prohibits employment discrimination Understanding With the Department of for the regulation of contractor health against protected veterans and requires Energy (August 28, 1992); Oak Ridge, and safety, which requires contractor affirmative action to ensure that persons Tennessee Properties compliance with all OSHA standards as are treated without regard to their status well as additional requirements as a protected veteran. VEVRAA applies AGENCY: Occupational Safety and Health prescribed by DOE, and concludes with to federal contractors and Administration (OSHA), Labor. an agreement by the agencies that the subcontractors with contracts of ACTION: Notice. provisions of the OSH Act will not $150,000 or more. apply to GOCO sites for which DOE has II. Review Focus: OFCCP is SUMMARY: This is a notice of an exercised authority to regulate particularly interested in comments addendum to the interagency occupational safety and health under which: Memorandum of Understanding (MOU) the Atomic Energy Act. The 1992 MOU • Evaluate whether the proposed between the U.S. Department of Labor has expired. collection of information is necessary (DOL), Occupational Safety and Health In light of DOE’s policy emphasis on for the compliance and enforcement Administration (OSHA) and the U.S. privatization activities, OSHA and DOE functions of the agency, including Department of Energy (DOE). The MOU entered into a second MOU on July 25, whether the information will have establishes specific interagency 2000, that establishes interagency practical utility; procedures for the transfer of procedures to address regulatory • Evaluate the accuracy of the occupational safety and health coverage authority for occupational safety and agency’s estimate of the burden of the for privatized facilities, properties, and health at specified privatized facilities proposed collection of information, operations from DOE to OSHA and state and operations on sites formerly including the validity of the agencies acting under state plans controlled by DOE. The July 25, 2000, methodology and assumptions used; approved by OSHA. MOU covers facilities and operations on • Enhance the quality, utility and DATES: The expansion of the scope of lands no longer controlled by DOE, clarity of the information to be recognition becomes effective on which are not conducting activities for collected; and September 11, 2018. or on behalf of DOE and where there is • Minimize the burden of the no likelihood that any employee FOR FURTHER INFORMATION CONTACT: collection of information on those who exposure to radiation from DOE sources Information regarding this notice is are to respond, including through the would be 25 millirems per year (mrem/ available from the following sources: use of appropriate automated, yr) or more. Press inquiries: Contact Mr. Frank electronic, mechanical, or other Meilinger, Director, OSHA Office of II. Notice of Transfer technological collection techniques or Communications, U.S. Department of other forms of information technology, In an email dated February 2, 2018, Labor, telephone: (202) 693–1999; e.g., permitting electronic submissions DOE requested that OSHA or, as email: [email protected]. of responses. appropriate, the Tennessee III. Current Actions: OFCCP seeks General and technical information: Occupational Safety and Health approval of this information collection Contact Mr. Kevin Robinson, Director, Administration (TOSHA) accept in order to carry out and enhance its OSHA Office of Technical Programs and occupational safety and health responsibilities to enforce the anti- Coordination Activities, Directorate of regulatory authority over employees at discrimination and affirmative action Technical Support and Emergency the East Tennessee Technology Park in provisions of the three legal authorities Management, U.S. Department of Labor, Oak Ridge, Tennessee, six parcels of it administers. telephone: (202) 693–2110 or email: land pursuant to the MOU on Safety and Type of Review: Renewal. [email protected]. Health Enforcement at Privatized Agency: Office of Federal Contract SUPPLEMENTARY INFORMATION: Facilities and Operations dated July 25, Compliance Programs. I. Background 2000. Other facilities and properties at Title: Agreement Approval Process for the East Tennessee Technology Park Use of Functional Affirmative Action DOE and OSHA entered into a MOU were transferred to TOSHA jurisdiction Programs. on August 10, 1992, delineating under this MOU by Federal Register OMB Number: 1250–0006. regulatory authority over the notices 74 FR 120 (January 2, 2009), 74 Agency Form Number: None. occupational safety and health of FR 39977 (August 10, 2009), 76 FR Affected Public: Business or other for- contractor employees at DOE 80408 (December 23, 2011) and 79 FR profit entities. government-owned or leased, 29456 (May 22, 2014). Total Respondents: 85. contractor-operated (GOCO) facilities. In The six parcels of land, which are Total Annual responses: 85. general, the MOU recognizes that DOE located at the East Tennessee Estimated Total Burden Hours: 862. exercises statutory authority under Frequency: Annual. Technology Park in Oak Ridge, Total Burden Cost: $29,455. section 161(f) of the Atomic Energy Act Tennessee, and were transferred by of 1954, as amended, (42 U.S.C. 2201(f)), deed to the Community Reuse Debra A. Carr, relating to the occupational safety and Organization of East Tennessee (CROET) Director, Division of Policy and Program health of private-sector employees at are described as follows: Development, Office of Federal Contract these facilities. • Land Parcel ED–11 Consists of five Compliance Programs. Section 4(b)(1) of the Occupational tracts of land separated by roadways: [FR Doc. 2018–19680 Filed 9–10–18; 8:45 am] Safety Health Act of 1970 (OSH Act) (29 ED–11A (11.67 acres), ED–11B (2.25 BILLING CODE P U.S.C. 653(b)(1), exempts from OSHA acres), ED–11C (0.49 acres), ED–11D

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(0.31 acres), and ED–11E (0.15 acres). Signed at Washington, DC, on September 5, You must cite the control number, No buildings are included in this 2018. which appears in parentheses after the transfer; Loren Sweatt, name of the agency that submitted the • Land Parcel ED–12 Consists of five Deputy Assistant Secretary of Labor for schedule, and a mailing address. If you tracts of land separated by roadways: Occupational Safety and Health. would like an appraisal report, please ED–12A (5.88 acres), ED–12B (2.57 [FR Doc. 2018–19689 Filed 9–10–18; 8:45 am] include that in your request. acres), ED–12C (1.75 acres), ED–12D BILLING CODE 4510–26–P FOR FURTHER INFORMATION CONTACT: (2.99 acres), and ED–12E (0.16 acres). Margaret Hawkins, Director, by mail at No buildings are included in this Records Appraisal and Agency transfer; NATIONAL ARCHIVES AND RECORDS Assistance (ACRA); National Archives • Land Parcel ED–3 Consists of two ADMINISTRATION and Records Administration; 8601 tracts of land separated by roadways. Adelphi Road; College Park, MD 20740– The southern tract (111 acres), and the [NARA–2018–060] 6001, by phone at 301–837–1799, or by northern tract (2.5 acres). No buildings email at [email protected]. are included in this transfer; Records Schedules; Availability and SUPPLEMENTARY INFORMATION: NARA • Land Parcel ED–3 West Consists of Request for Comments publishes notice in the Federal Register for records schedules they no longer one tract of approximately 72 acres. No AGENCY: National Archives and Records need to conduct agency business. NARA buildings are included in this transfer; Administration (NARA). • Land Parcel K–31 Consists of one invites public comments on such ACTION: Notice of availability of tract of approximately 61 acres. No records schedules, as required by 44 proposed records schedules; request for U.S.C. 3303a(a). buildings are included in this transfer. comments. Any existing buildings will be destroyed Each year, Federal agencies create billions of records on paper, film, before the transfer takes place; and SUMMARY: The National Archives and magnetic tape, and other media. To • Land Parcel K–33 Consists of one Records Administration (NARA) control this accumulation, agency tract of approximately 136.4 acres. No publishes notice at least once monthly records managers prepare schedules buildings are included in this transfer. of certain Federal agency requests for proposing records retention periods and records disposition authority (records OSHA’s Regional Office in Atlanta, submit these schedules for NARA’s schedules). Once approved by NARA, Georgia, working with the OSHA approval. These schedules provide for records schedules provide mandatory Nashville Area Office and TOSHA, timely transfer into the National instructions on what happens to records determined that TOSHA is willing to Archives of historically valuable records when agencies no longer need them for accept authority over the occupational and authorize the agency to dispose of current Government business. The safety and health of public-sector and all other records after the agency no records schedules authorize agencies to private-sector employees at the six longer needs them to conduct its preserve records of continuing value in parcels of land at the East Tennessee business. Some schedules are the National Archives of the United Technology Park in Oak Ridge, comprehensive and cover all the records States and to destroy, after a specified Tennessee, that were transferred by of an agency or one of its major period, records lacking administrative, deed to CROET. In a letter from OSHA subdivisions. Most schedules, however, legal, research, or other value. NARA to DOE dated May 21, 2018, OSHA cover records of only one office or publishes notice in the Federal Register stated that TOSHA is satisfied with DOE program or a few series of records. Many for records schedules in which agencies assurances that (1) there is no likelihood of these update previously approved propose to destroy records they no that any employee at facilities in the schedules, and some include records longer need to conduct agency business. vicinity of these land parcels will be proposed as permanent. NARA invites public comments on such exposed to radiation levels that will be The schedules listed in this notice are records schedules. 25 millirems per year (mrem/yr) or media neutral unless otherwise more, and; (2) transfer of authority to DATES: NARA must receive requests for specified. An item in a schedule is TOSHA is free from regulatory gaps and copies in writing by October 11, 2018. media neutral when an agency may does not diminish the safety and health Once NARA finishes appraising the apply the disposition instructions to protection of the employees. records, we will send you a copy of the records regardless of the medium in Accordingly, TOSHA accepts and schedule you requested. We usually which it creates or maintains the maintains health and safety regulatory prepare appraisal memoranda that records. Items included in schedules authority over employees in the vicinity contain additional information submitted to NARA on or after of Land Parcels ED–11, ED–12, ED–3, concerning the records covered by a December 17, 2007, are media neutral ED–3 West, K–31 and K–33. proposed schedule. You may also unless the item is expressly limited to request these. If you do, we will also III. Authority and Signature a specific medium. (See 36 CFR provide them once we have completed 1225.12(e).) Loren Sweatt, Deputy Assistant the appraisal. You have 30 days after we Agencies may not destroy Federal Secretary of Labor for Occupational send to you these requested documents records without Archivist of the United Safety and Health, authorized the in which to submit comments. States’ approval. The Archivist approves preparation of this notice. This Federal ADDRESSES: You may request a copy of destruction only after thoroughly Register notice provides public notice any records schedule identified in this considering the records’ administrative and serves as an addendum to the 1992 notice by contacting Records Appraisal use by the agency of origin, the rights OSHA/DOE MOU. Accordingly, the and Agency Assistance (ACRA) using of the Government and of private people Agency is issuing this notice pursuant one of the following means: Mail: NARA directly affected by the Government’s to Section 8(g)(2) of the Occupational (ACRA); 8601 Adelphi Road; College activities, and whether or not the Health and Safety Act of 1970 (29 U.S.C. Park, MD 20740–6001, Email: records have historical or other value. 657(g)(2)), Secretary of Labor’s Order [email protected], Fax: 301– In addition to identifying the Federal No. 1–2012 (77 FR 3912, Jan. 25, 2012). 837–3698. agencies and any subdivisions

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requesting disposition authority, this 1 temporary item). General reports; surveys; Federal onshore and notice lists the organizational unit(s) correspondence, policy, procedures, and offshore production audits and accumulating the records (or notes that accountability reports related to timber inspections; energy lease applications the schedule has agency-wide designation, cruising, and scaling. and issued leases; energy resource applicability when schedules cover 7. Department of Agriculture, Forest analysis and evaluations; land use records that may be accumulated Service (DAA–0095–2018–0048, 1 item, planning and activities; permits; land throughout an agency); provides the 1 temporary item). General title, operations, and realty records; control number assigned to each correspondence, budget reports, plans, wild horse and burro adoptions; schedule, the total number of schedule reviews, and approvals related to reciprocal use and license agreements; items, and the number of temporary standards used in systems management. land status; water analysis and water items (the records proposed for 8. Department of Agriculture, Forest use permitting; non-historic water and destruction); and includes a brief Service (DAA–0095–2018–0049, 1 item, power projects and facility records; and description of the temporary records. 1 temporary item). Policies, procedures, water project, engineering, and water The records schedule itself contains a correspondence, and the development quality records. Proposed for permanent full description of the records at the file of forms used in timber sale contracts retention are final studies and reports unit level as well as their disposition. If and permits. related to mission programs and NARA staff has prepared an appraisal 9. Department of Energy, Federal activities such as the Endangered memorandum for the schedule, it also Energy Regulatory Commission (DAA– Species Act and Fish and Wildlife Act includes information about the records. 0138–2018–0007, 1 item, 1 temporary management and planning files; energy You may request additional information item). Records relating to the oversight and mineral final financial reports and about the disposition process at the of natural gas pipeline providers summaries; mineral lease case history addresses above. regarding the prevention of unfair files; land use management plans and business practices including orders, Schedules Pending reports requiring agency authorization; motions, comments, general historic water and power projects; and 1. Department of Agriculture, Foreign correspondence, and associated water resources and delivery records. Agricultural Service (DAA–0166–2018– documents. 0049, 2 items, 2 temporary items). 10. Department of Energy, Federal Laurence Brewer, Records in support of the Market Access Energy Regulatory Commission (DAA– Chief Records Officer for the U.S. and the Foreign Market Development 0138–2018–0008, 1 item, 1 temporary Government. programs to include program item). Records relating to oversight of [FR Doc. 2018–19734 Filed 9–10–18; 8:45 am] agreements, program amendments, trade and shipping of natural gas BILLING CODE 7515–01–P approval letters, compliance including orders, motions, comments, correspondence, reimbursement claims, general correspondence, fee collection, evaluations, performance reports, and and associated documents. NUCLEAR REGULATORY financial reports. 11. Department of Health and Human COMMISSION 2. Department of Agriculture, Foreign Services, Health Resources and Services Agricultural Service (DAA–0166–2018– Administration (DAA–0512–2017–0002, [NRC–2018–0137] 0050, 3 items, 3 temporary items). 7 items, 6 temporary items). System Records in support of the Office of records of the National Practitioner Data Dispositioning of Technical Trade programs to include program Bank that include query transactions, Specifications That Are Insufficient To agreements, program amendments, case files, and registration forms. Ensure Plant Safety Proposed for permanent retention are approval letters, compliance AGENCY: Nuclear Regulatory correspondence, reimbursement claims, malpractice records and Drug Commission. evaluations, performance reports, and Enforcement Administration reports ACTION: financial reports. that include information on adverse Draft regulatory guide; 3. Department of Agriculture, Foreign actions. reopening of comment period. 12. Department of Health and Human Agricultural Service (DAA–0166–2018– SUMMARY: On July 5, 2018, the U.S. 0051, 1 item, 1 temporary item). Records Services, National Institutes of Health Nuclear Regulatory Commission (NRC) in support of the Section 108 Foreign (DAA–0443–2018–0002, 1 item, 1 solicited comments on draft regulatory Currency programs to include program temporary item). Administrative guide (DG), DG–1351, ‘‘Dispositioning agreements, program amendments, support records for clinical care of Technical Specifications that are approval letters, compliance environments that include food service Insufficient to Ensure Plant Safety.’’ The correspondence, reimbursement claims, and transportation documents, public comment period was originally evaluations, performance reports, and employee absence and tardiness files, scheduled to close on September 4, financial reports. and volunteer service records. 2018. The NRC has decided to extend 13. Department of Homeland Security, 4. Department of Agriculture, Forest the public comment period by 30 days Bureau of Customs and Border Service (DAA–0095–2018–0044, 1 item, to allow more time for members of the Protection (DAA–0568–2018–0002, 1 1 temporary item). Forms related to public to develop and submit their item, 1 temporary item). Non- financial batch control and transmittal comments. application, as well as tracking evidentiary border area audio and video activities. footage, and associated metadata. DATES: The due date of comments 5. Department of Agriculture, Forest 14. Department of the Interior, requested in the document published on Service (DAA–0095–2018–0045, 1 item, Department-wide (DAA–0048–2015– July 5, 2018 (83 FR 31429), is being 1 temporary item). General 0003, 23 items, 18 temporary items). reopened. The NRC is reopening the correspondence, proposals, policy, and Natural resource planning and public comment period that had closed procedures related to commercial timber development case files containing on September 4, 2018, to allow more sales. operational mission records related to time for members of the public to 6. Department of Agriculture, Forest fish and wildlife species management; develop and submit their comments. Service (DAA–0095–2018–0047, 1 item, critical habitat designations; assessment Comments should be filed no later than

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October 11, 2018. Comments received nrc.gov. The draft regulatory guide is NUCLEAR REGULATORY after this date will be considered, if it electronically available in ADAMS COMMISSION is practical to do so, but the under Accession No. ML16124A200. Commission is able to ensure • NRC’s PDR: You may examine and [NRC–2018–0188] consideration only for comments purchase copies of public documents at received on or before this date. the NRC’s PDR, Room O1–F21, One Applications and Amendments to ADDRESSES: Facility Operating Licenses and You may submit comments White Flint North, 11555 Rockville by any of the following methods (unless Combined Licenses Involving No Pike, Rockville, Maryland 20852. this document describes a different Significant Hazards Considerations method for submitting comments on a B. Submitting Comments AGENCY: specified subject): Nuclear Regulatory • Federal Rulemaking Website: Go to Please include Docket ID NRC–2018– Commission. http://www.regulations.gov and search 0137 in your comment submission. The ACTION: Biweekly notice. for Docket ID NRC–2018–0137. Address NRC cautions you not to include questions about NRC dockets to Jennifer identifying or contact information that SUMMARY: Pursuant to Section 189a.(2) Borges; telephone: 301–287–9127; you do not want to be publicly of the Atomic Energy Act of 1954, as amended (the Act), the U.S. Nuclear email: [email protected]. For disclosed in your comment submission. Regulatory Commission (NRC) is technical questions, contact the The NRC will post all comment publishing this regular biweekly notice. individuals listed in the FOR FURTHER submissions at http:// INFORMATION CONTACT section of this The Act requires the Commission to www.regulations.gov as well as enters publish notice of any amendments document. the comment submissions into ADAMS. • issued, or proposed to be issued, and Mail comments to: May Ma, Office The NRC does not routinely edit of Administration, Mail Stop: TWFN– grants the Commission the authority to comment submissions to remove issue and make immediately effective 7A–86, U.S. Nuclear Regulatory identifying or contact information. Commission, Washington, DC 20555– any amendment to an operating license 0001. If you are requesting or aggregating or combined license, as applicable, For additional direction on accessing comments from other persons for upon a determination by the information and submitting comments, submission to the NRC, then you should Commission that such amendment see ‘‘Obtaining Information and inform those persons not to include involves no significant hazards Submitting Comments’’ in the identifying or contact information that consideration, notwithstanding the SUPPLEMENTARY INFORMATION section of they do not want to be publicly pendency before the Commission of a this document. disclosed in their comment submission. request for a hearing from any person. FOR FURTHER INFORMATION CONTACT: Your request should state that the NRC This biweekly notice includes all Blake Purnell, Office of Nuclear Reactor does not routinely edit comment notices of amendments issued, or Regulation, telephone: 301–415–1380, submissions to remove such information proposed to be issued, from August 14 to August 27, 2018. The last biweekly email: [email protected] and before making the comment notice was published on August 28, Stephen Burton, Office of Nuclear submissions available to the public or 2018. Regulatory Research, telephone: 301– entering the comment submissions into 415–7000, email: Stephen.Burton@ ADAMS. DATES: Comments must be filed by nrc.gov. Both are staff of the U.S. October 11, 2018. A request for a Nuclear Regulatory Commission, II. Discussion hearing must be filed by November 13, Washington, DC 20555–0001. 2018. On July 5, 2018, the NRC solicited SUPPLEMENTARY INFORMATION: comments on draft regulatory guide ADDRESSES: You may submit comments I. Obtaining Information and (DG) DG–1351, ‘‘Dispositioning of by any of the following methods (unless Submitting Comments Technical Specifications that are this document describes a different Insufficient to Ensure Plant Safety.’’ The method for submitting comments on a A. Obtaining Information specific subject): public comment period was originally • Federal Rulemaking website: Go to Please refer to Docket ID NRC–2018– scheduled to close on September 4, http://www.regulations.gov and search 0137 when contacting the NRC about 2018. The NRC received a request from the availability of information regarding for Docket ID NRC–2018–0188. Address stakeholders to extend the public this action. You may obtain publically- questions about NRC dockets to Jennifer comment period by 30 days. The NRC available information related to this Borges; telephone: 301–287–9127; has agreed to the request and decided to action, by any of the following methods: email: [email protected]. For • Federal Rulemaking Website: Go to reopen the public comment period until technical questions, contact the http://www.regulations.gov and search October 11, 2018, to allow more time for individual listed in the FOR FURTHER for Docket ID NRC–2018–0137. members of the public to develop and INFORMATION CONTACT section of this • NRC’s Agencywide Documents submit their comments. document. • Access and Management System Dated at Rockville, Maryland, this 6th day Mail comments to: May Ma, Office (ADAMS): You may obtain publicly- of September 2018. of Administration, Mail Stop: TWFN–7– available documents online in the For the Nuclear Regulatory Commission. A60M, U.S. Nuclear Regulatory ADAMS Public Documents collection at Commission, Washington, DC 20555– http://www.nrc.gov/reading-rm/ Thomas H. Boyce, 0001. adams.html. To begin the search, select Chief, Regulatory Guidance and Generic For additional direction on obtaining ‘‘Begin Web-based ADAMS search.’’ For Issues Branch, Division of Engineering, Office information and submitting comments, problems with ADAMS, please contact of Nuclear Regulatory Research. see ‘‘Obtaining Information and the NRC’s Public Document Room (PDR) [FR Doc. 2018–19677 Filed 9–10–18; 8:45 am] Submitting Comments’’ in the reference staff at 1–800–397–4209, 301– BILLING CODE 7590–01–P SUPPLEMENTARY INFORMATION section of 415–4737, or by email to pdr.resource@ this document.

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FOR FURTHER INFORMATION CONTACT: disclosed in their comment submission. A. Opportunity To Request a Hearing Beverly Clayton, Office of Nuclear Your request should state that the NRC and Petition for Leave To Intervene Reactor Regulation, U.S. Nuclear does not routinely edit comment Within 60 days after the date of Regulatory Commission, Washington DC submissions to remove such information publication of this notice, any persons 20555–0001; telephone: 301–415–3475, before making the comment (petitioner) whose interest may be email: [email protected]. submissions available to the public or affected by this action may file a request SUPPLEMENTARY INFORMATION: entering the comment into ADAMS. for a hearing and petition for leave to I. Obtaining Information and II. Notice of Consideration of Issuance intervene (petition) with respect to the Submitting Comments of Amendments to Facility Operating action. Petitions shall be filed in Licenses and Combined Licenses and accordance with the Commission’s A. Obtaining Information Proposed No Significant Hazards ‘‘Agency Rules of Practice and Please refer to Docket ID NRC–2018– Consideration Determination Procedure’’ in 10 CFR part 2. Interested 0188 facility name, unit number(s), persons should consult a current copy plant docket number, application date, The Commission has made a of 10 CFR 2.309. The NRC’s regulations and subject when contacting the NRC proposed determination that the are accessible electronically from the about the availability of information for following amendment requests involve NRC Library on the NRC’s website at this action. You may obtain publicly- no significant hazards consideration. http://www.nrc.gov/reading-rm/doc- available information related to this Under the Commission’s regulations in collections/cfr/. Alternatively, a copy of action by any of the following methods: section 50.92 of title 10 of the Code of the regulations is available at the NRC’s • Federal Rulemaking Website: Go to Federal Regulations (10 CFR), this Public Document Room, located at One http://www.regulations.gov and search means that operation of the facility in White Flint North, Room O1–F21, 11555 for Docket ID NRC–2018–0188. accordance with the proposed Rockville Pike (first floor), Rockville, • NRC’s Agencywide Documents amendment would not (1) involve a Maryland 20852. If a petition is filed, Access and Management System significant increase in the probability or the Commission or a presiding officer (ADAMS): You may obtain publicly- consequences of an accident previously will rule on the petition and, if available documents online in the evaluated, or (2) create the possibility of appropriate, a notice of a hearing will be ADAMS Public Documents collection at a new or different kind of accident from issued. http://www.nrc.gov/reading-rm/ any accident previously evaluated; or As required by 10 CFR 2.309(d) the adams.html. To begin the search, select (3) involve a significant reduction in a petition should specifically explain the ‘‘Begin Web-based ADAMS Search.’’ For margin of safety. The basis for this reasons why intervention should be problems with ADAMS, please contact proposed determination for each permitted with particular reference to the NRC’s Public Document Room (PDR) amendment request is shown below. the following general requirements for standing: (1) The name, address, and reference staff at 1–800–397–4209, 301– The Commission is seeking public 415–4737, or by email to pdr.resource@ telephone number of the petitioner; (2) comments on this proposed the nature of the petitioner’s right under nrc.gov. The ADAMS accession number determination. Any comments received for each document referenced (if it is the Act to be made a party to the within 30 days after the date of proceeding; (3) the nature and extent of available in ADAMS) is provided the publication of this notice will be first time that it is mentioned in this the petitioner’s property, financial, or considered in making any final other interest in the proceeding; and (4) document. determination. • NRC’s PDR: You may examine and the possible effect of any decision or purchase copies of public documents at Normally, the Commission will not order which may be entered in the the NRC’s PDR, Room O1–F21, One issue the amendment until the proceeding on the petitioner’s interest. White Flint North, 11555 Rockville expiration of 60 days after the date of In accordance with 10 CFR 2.309(f), Pike, Rockville, Maryland 20852. publication of this notice. The the petition must also set forth the Commission may issue the license specific contentions which the B. Submitting Comments amendment before expiration of the 60- petitioner seeks to have litigated in the Please include Docket ID NRC–2018– day period provided that its final proceeding. Each contention must 0188 facility name, unit number(s), determination is that the amendment consist of a specific statement of the plant docket number, application date, involves no significant hazards issue of law or fact to be raised or and subject in your comment consideration. In addition, the controverted. In addition, the petitioner submission. Commission may issue the amendment must provide a brief explanation of the The NRC cautions you not to include prior to the expiration of the 30-day bases for the contention and a concise identifying or contact information that comment period if circumstances statement of the alleged facts or expert you do not want to be publicly change during the 30-day comment opinion which support the contention disclosed in your comment submission. period such that failure to act in a and on which the petitioner intends to The NRC will post all comment timely way would result, for example in rely in proving the contention at the submissions at http:// derating or shutdown of the facility. If hearing. The petitioner must also www.regulations.gov as well as enter the the Commission takes action prior to the provide references to the specific comment submissions into ADAMS. expiration of either the comment period sources and documents on which the The NRC does not routinely edit or the notice period, it will publish in petitioner intends to rely to support its comment submissions to remove the Federal Register a notice of position on the issue. The petition must identifying or contact information. issuance. If the Commission makes a include sufficient information to show If you are requesting or aggregating final no significant hazards that a genuine dispute exists with the comments from other persons for consideration determination, any applicant or licensee on a material issue submission to the NRC, then you should hearing will take place after issuance. of law or fact. Contentions must be inform those persons not to include The Commission expects that the need limited to matters within the scope of identifying or contact information that to take this action will occur very the proceeding. The contention must be they do not want to be publicly infrequently. one which, if proven, would entitle the

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

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Electronic Filing Help Desk is available participants are requested not to include probability or consequences of an accident between 9 a.m. and 6 p.m., Eastern copyrighted materials in their previously evaluated. Time, Monday through Friday, submission. 2. Does the proposed change create the excluding government holidays. possibility of a new or different kind of For further details with respect to accident from any accident previously Participants who believe that they these license amendment applications, evaluated? have a good cause for not submitting see the application for amendment Response: No. documents electronically must file an which is available for public inspection The proposed amendment only involves exemption request, in accordance with in ADAMS and at the NRC’s PDR. For administrative and editorial changes. No 10 CFR 2.302(g), with their initial paper additional direction on accessing actual plant equipment or accident analyses filing stating why there is good cause for information related to this document, will be affected by the proposed changes. The proposed changes will not change the design not filing electronically and requesting see the ‘‘Obtaining Information and authorization to continue to submit function or operation of any SSCs. The Submitting Comments’’ section of this proposed changes will not result in any new documents in paper format. Such filings document. failure mechanisms, malfunctions, or must be submitted by: (1) First class accident initiators not considered in the mail addressed to the Office of the Energy Northwest, Docket No. 50–397, design and licensing bases. The proposed Secretary of the Commission, U.S. Columbia Generating Station, Benton amendment does not impact any accident Nuclear Regulatory Commission, County, Washington initiators, analyzed events, or assumed Washington, DC 20555–0001, Attention: mitigation of accident or transient events. Date of amendment request: June 12, Therefore, this proposed changes do not Rulemaking and Adjudications Staff; or 2018, as supplemented by letter dated (2) courier, express mail, or expedited create the possibility of an accident of a new August 7, 2018. Publicly-available or different kind than previously evaluated. delivery service to the Office of the versions are in ADAMS under 3. Does the proposed change involve a Secretary, 11555 Rockville Pike, Accession Nos. ML18163A351 and significant reduction in a margin of safety? Rockville, Maryland 20852, Attention: ML18219C797, respectively. Response: No. Rulemaking and Adjudications Staff. Description of amendment request: The proposed amendment only involves Participants filing adjudicatory administrative and editorial changes. The The amendment proposes to clean-up documents in this manner are proposed changes do not involve any the operating license and the technical responsible for serving the document on physical changes to the plant or alter the specifications, including editorial all other participants. Filing is manner in which plant systems are operated, changes and the removal of obsolete maintained, modified, tested, or inspected. considered complete by first-class mail The proposed changes do not alter the as of the time of deposit in the mail, or information. Basis for proposed no significant manner in which safety limits, limiting safety by courier, express mail, or expedited system settings or limiting conditions for delivery service upon depositing the hazards consideration determination: operation are determined. The safety analysis document with the provider of the As required by 10 CFR 50.91(a), the acceptance criteria are not affected by these service. A presiding officer, having licensee has provided its analysis of the changes. The proposed changes will not granted an exemption request from issue of no significant hazards result in plant operation in a configuration using E-Filing, may require a participant consideration, which is presented outside the design basis. The proposed below: changes do not adversely affect systems that or party to use E-Filing if the presiding respond to safely shutdown the plant and to officer subsequently determines that the 1. Does the proposed change involve a maintain the plant in a safe shutdown reason for granting the exemption from significant increase in the probability or condition. use of E-Filing no longer exists. consequences of an accident previously Therefore, the proposed changes do not Documents submitted in adjudicatory evaluated? involve a significant reduction in a margin of proceedings will appear in the NRC’s Response: No. safety. The impacts of these administrative electronic hearing docket which is The NRC staff has reviewed the available to the public at https:// changes do not affect how plant equipment is operated or maintained. The proposed licensee’s analysis and, based on this adams.nrc.gov/ehd, unless excluded changes do not impact the intent or review, it appears that the three pursuant to an order of the Commission substance of the Operating License (OL) or standards of 10 CFR 50.92(c) are or the presiding officer. If you do not Technical Specifications (TS). There are no satisfied. Therefore, the NRC staff have an NRC-issued digital ID certificate changes to the physical plant or analytical proposes to determine that the as described above, click cancel when methods. amendment request involves no the link requests certificates and you The proposed amendment involves significant hazards consideration. will be automatically directed to the administrative and editorial changes only. Attorney for licensee: William A. NRC’s electronic hearing dockets where The proposed amendment does not impact Horin, Esq., Winston & Strawn, 1700 K any accident initiators, analyzed events, or you will be able to access any publicly Street NW, Washington, DC 20006– available documents in a particular assumed mitigation of accident or transient events. The proposed changes do not involve 3817. hearing docket. Participants are the addition or removal of any equipment or NRC Branch Chief: Robert J. requested not to include personal any design changes to the facility. The Pascarelli. privacy information, such as social proposed changes do not affect any plant Entergy Nuclear Indian Point 2, LLC and security numbers, home addresses, or operations, design functions, or analyses that personal phone numbers in their filings, verify the capability of structures, systems, Entergy Nuclear Operations, Inc., unless an NRC regulation or other law and components (SSCs) to perform a design Docket Nos. 50–003 and 50–247, Indian requires submission of such function. The proposed changes do not Point Nuclear Generating Unit Nos. 1 information. For example, in some change any of the accidents previously and 2 (IP1 and IP2), Westchester instances, individuals provide home evaluated in the updated Final Safety County, New York addresses in order to demonstrate Analysis Report (FSAR). The proposed changes do not affect SSCs, operating Date of amendment request: June 20, proximity to a facility or site. With procedures, and administrative controls that 2018. A publicly-available version is in respect to copyrighted works, except for have the function of preventing or mitigating ADAMS under Package Accession No. limited excerpts that serve the purpose any of these accidents. ML18179A173. of the adjudicatory filings and would Therefore, the proposed changes do not Description of amendment request: constitute a Fair Use application, represent a significant increase in the The amendment would delete specific

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license conditions from the Indian Point Therefore, the proposed amendments do any plant structure, system, or component Unit Nos. 1 and 2 (IP1 and IP2) facility not involve a significant reduction in the (SSC). The capability of any operable TS- operating licenses related to the terms margin of safety. required SSC to perform its specified safety and conditions of the decommissioning The NRC staff has reviewed the function is not impacted by the proposed change. As a result, the outcomes of trust fund agreement. Specifically, the licensee’s analysis and, based on this accidents previously evaluated are amendment would allow the provisions review, it appears that the three unaffected. Therefore, the proposed change of 10 CFR 50.75(h), which specify the standards of 10 CFR 50.92(c) are does not result in a significant increase in the regulatory requirements for satisfied. Therefore, the NRC staff probability or consequences of an accident decommissioning trust funds, to apply proposes to determine that the previously evaluated. to Entergy Nuclear Operations, Inc. amendment request involves no Therefore, it is concluded that this change does not involve a significant increase in the Basis for proposed no significant significant hazards consideration. Attorney for licensee: Bill Glew, probability or consequences of an accident hazards consideration determination: previously evaluated. As required by 10 CFR 50.91(a), the Associate General Counsel, Entergy Services, Inc., 639 Loyola Avenue, 22nd 2. Does the proposed change create the licensee has provided its analysis of the possibility of a new or different kind of issue of no significant hazards Floor, New Orleans, LA 70113. accident from any accident previously NRC Branch Chief: James G. Danna. consideration, which is presented evaluated? below: NextEra Energy Seabrook, LLC, Docket Response: No. The proposed change does not challenge 1. Do the proposed amendments involve a No. 50–443, Seabrook Station, Unit No. 1 (Seabrook), Rockingham County, New the integrity or performance of any safety- significant increase in the probability or related systems. No plant equipment is consequences of an accident previously Hampshire installed or removed, and the changes do not evaluated? Florida Power & Light Company, et al., alter the design, physical configuration, or Response: No. Docket Nos. 50–335 and 50–389, St. method of operation of any plant SSC. No The requested changes delete License physical changes are made to the plant, so no Conditions 6.(a) and 7 of the IP1 OL Lucie Plant, Unit Nos. 1 and 2, St. Lucie County, Florida new causal mechanisms are introduced. [Operating License] and License Conditions Therefore, the proposed change does not 3.(a) and 4 of the IP2 OL, which pertain to Florida Power & Light Company, Docket create the possibility of a new or different the decommissioning trust agreements. Nos. 50–250 and 50–251, Turkey Point kind of accident from any accident This request involves changes that are Nuclear Generating Unit Nos. 3 and 4 previously evaluated. administrative in nature. No actual plant (Turkey Point), Miami-Dade County, Therefore, it is concluded that this change equipment or accident analyses will be Florida does not create the possibility of a new or affected by the proposed changes. Therefore, different kind of accident from any accident the proposed change does not involve a Date of amendment request: May 29, previously evaluated. significant increase in the probability or 2018. A publicly-available version is in 3. Does the proposed change involve a consequences of an accident previously ADAMS under Accession No. significant reduction in a margin of safety? evaluated. ML18151A472. Response: No. 2. Do the proposed amendments create the Description of amendment request: The ability of any operable SSC to perform possibility of a new or different kind of its designated safety function is unaffected by accident from any accident previously The amendments would revise the technical specifications (TS) to include the proposed changes. The proposed change evaluated? does not alter any safety analyses Response: No. the provisions of Limit Conditioning for assumptions, safety limits, limiting safety This request involves administrative Operation (LCO) 3.0.6 in the standard system settings, or method of operating the changes to the IP1 and IP2 OLs relating to the TS. In support of this change, the plant. The change does not adversely affect terms and conditions of the decommissioning licensee is also proposing to add a new plant operating margins or the reliability of trust agreements. The proposed changes will Safety Function Determination Program equipment credited in the safety analyses. be consistent with the NRC’s regulations at to the administrative section of the TS, The proposed change allows not entering 10 CFR 50.75(h). Notes and Actions that direct entering the Actions for supported systems that are No actual plant equipment or accident inoperable solely due to a support system analyses will be affected by the proposed the Actions for the appropriate supported systems, and changes to LCO LCO not being met. However, the change also changes and no failure modes not bounded requires implementing a Safety Function by previously evaluated accidents will be 3.0.2 for all three facilities; as well as Determination Program (SFDP) to determine created. changes to LCO 3.0.1 for Seabrook and if a loss of safety function exists. If the SFDP Therefore, the proposed amendments do Turkey Point. determines that a loss of safety function not create the possibility of a new or different Basis for proposed no significant exists, the appropriate actions of the LCO in kind of accident from any previously hazards consideration determination: which the loss of safety function exists are evaluated. As required by 10 CFR 50.91(a), the required to be entered. 3. Do the proposed amendments involve a licensee has provided its analysis of the Therefore, the proposed change does not significant reduction in a margin of safety? issue of no significant hazards involve a significant reduction in the margin Response: No. of safety. This request involves administrative consideration, which is presented changes to the IP1 and IP2 OLs that will be below: The NRC staff has reviewed the consistent with the NRC’s regulations at 10 1. Does the proposed change involve a licensee’s analysis and, based on this CFR 50.75(h). significant increase in the probability or review, it appears that the three Margin of safety is associated with consequences of an accident previously standards of 10 CFR 50.92(c) are confidence in the ability of the fission evaluated? satisfied. Therefore, the NRC staff product barriers to limit the level of radiation Response: No. proposes to determine that the doses to the public. No actual plant This change is associated with the amendment request involves no equipment or accident analyses will be administrative requirements for significant hazards consideration. affected by the proposed change. implementing the TS, which are not Additionally, the proposed changes will not initiators of any accidents previously Attorney for licensee: Debbie Hendell, relax any criteria used to establish safety evaluated, so the probability of accidents Managing Attorney—Nuclear, Florida limits, will not relax any safety systems previously evaluated is unaffected by the Power & Light Company, P.O. Box settings, or will not relax the bases for any proposed change. The proposed change does 14000, Juno Beach, FL 33408–0420. limiting conditions of operation. not alter the design, function, or operation of NRC Branch Chief: James G. Danna.

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Northern States Power Company, SSC. Under the proposed change, no licensee has provided its analysis of the Docket Nos. 50–282 and 50–306, Prairie additional plant equipment will be installed. issue of no significant hazards Island Nuclear Generating Plant, Units 1 Therefore, the proposed changes do not consideration, which is presented and 2 (PINGP), Goodhue County, create the possibility of a new or different below: kind of accident from any accident Minnesota previously evaluated. 1. Does the proposed amendment involve Date of amendment request: June 26, 3. Does the proposed amendment involve a significant increase in the probability or 2018. A publicly-available version is in a significant reduction in a margin of safety? consequences of an accident previously Response: No. evaluated? ADAMS under Accession No. Response: No. ML18177A450. The proposed change will permit the use of a risk-informed categorization process to The proposed changes do not affect the Brief description of amendment modify the scope of SSCs subject to NRC safety limits as described in the plant- request: The proposed amendments special treatment requirements and to specific Technical Specifications. In would modify the PINGP licensing basis implement alternative treatments per the addition, the limiting safety system settings by the addition of a License Condition regulation. The proposed change does not and limiting control settings continue to be to allow for the implementation of the affect any Safety Limits or operating met with the proposed changes to the plant- specific Technical Specifications limiting provisions of 10 CFR 50.69, ‘‘Risk- parameters used to establish the safety margin. The safety margins included in conditions for operation, applicability, Informed Categorization and Treatment actions, and surveillance requirements. The of Structures, Systems, and Components analyses of accidents are not affected by the proposed change. The regulation requires proposed changes do not adversely affect the for Nuclear Power Reactors.’’ operation of any systems or equipment that that there be no significant effect on plant initiate an analyzed accident or alter any Basis for proposed no significant risk due to any change to the special structures, systems, and components (SSCs) hazards consideration determination: treatment requirements for SSCs and that the accident initiator or initiating sequence of As required by 10 CFR 50.91(a), the SSCs continue to be capable of performing events. The proposed changes do not result licensee has provided its analysis of the their design basis functions, as well as to in any increase in probability of an analyzed issue of no significant hazards perform any beyond design basis functions accident occurring, and maintain the initial consideration, which is presented consistent with the categorization process conditions and operating limits required by below: and results. the accident analysis, and the analyses of Therefore, the proposed changes do not 1. Does the proposed amendment involve normal operation and anticipated operational involve a significant reduction in a margin of occurrences, so that the consequences of a significant increase in the probability or safety. postulated accidents are not changed. The consequences of an accident previously proposed changes do not adversely affect the evaluated? The NRC staff has reviewed the ability of the Refueling Cavity and SFS Response: No. licensee’s analysis and, based on this Isolation function, and the SFS containment The proposed change will permit the use review, it appears that the three isolation valves, to perform the required of a risk-informed categorization process to standards of 10 CFR 50.92(c) are safety functions, and do not adversely affect modify the scope of Structures, Systems and satisfied. Therefore, the NRC staff the probability of inadvertent operation or Components (SSCs) subject to NRC special proposes to determine that the failure of the required safety functions. treatment requirements and to implement amendment requests involve no Therefore, the requested amendment does alternative treatments per the regulation. The significant hazards consideration. not involve a significant increase in the process used to evaluate SSCs for changes to probability or consequences of an accident NRC special treatment requirements and the Attorney for licensee: Peter M. Glass, Assistant General Counsel, Xcel Energy previously evaluated. use of alternative requirements ensure the 2. Does the proposed amendment create ability of the SSCs to perform their design Services, Inc., 414 Nicollet Mall, the possibility of a new or different kind of function. The potential change to special Minneapolis, MN 55401. accident from any accident previously treatment requirements does not change the NRC Branch Chief: David J. Wrona. evaluated? design and operation of the SSCs. As a result, Southern Nuclear Operating Company, Response: No. the proposed change does not significantly The proposed changes do not affect the affect any initiators to accidents previously Docket Nos. 52–025 and 52–026, Vogtle safety limits as described in the plant- evaluated or the ability to mitigate any Electric Generating Plant, Units 3 and 4, specific Technical Specifications. In accidents previously evaluated. The Burke County, Georgia addition, the limiting safety system settings consequences of the accidents previously Date of amendment request: July 20, and limiting control settings continue to be evaluated are not affected because the met with the proposed changes to the plant- mitigation functions performed by the SSCs 2018. A publicly-available version is in specific Technical Specifications limiting assumed in the safety analysis are not being ADAMS under Accession No. conditions for operation, applicability, modified. The SSCs required to safely shut ML18201A610. actions, and surveillance requirements. The down the reactor and maintain it in a safe Description of amendment request: proposed changes do not affect the operation shutdown condition following an accident The requested amendment proposes to of any systems or equipment that may initiate will continue to perform their design change Technical Specifications (TS) a new or different kind of accident, or alter functions. regarding operability requirements for any SSC such that a new accident initiator Therefore, the proposed change does not the Engineered Safety Features or initiating sequence of events is created. involve a significant increase in the These proposed changes do not adversely probability or consequences of an accident Actuation System Spent Fuel Pool affect any other SSC design functions or previously evaluated. Level—Low 2 and In-Containment methods of operation in a manner that results 2. Does the proposed amendment create Refueling Water Storage Tank (Wide in a new failure mode, malfunction, or the possibility of a new or different kind of Range Level—Low instrumentation sequence of events that affect safety-related accident from any previously evaluated? functions for Refueling Cavity and or nonsafety-related equipment. Therefore, Response: No. Spent Fuel Pool Cooling System (SFS) this activity does not allow for a new fission The proposed change will permit the use Isolation. Additional changes are product release path, result in a new fission of a risk-informed categorization process to proposed to add TS operability product barrier failure mode, or create a new modify the scope of SSCs subject to NRC requirements for the SFS containment sequence of events that results in significant special treatment requirements and to fuel cladding failures. implement alternative treatments per the isolation valves in MODES 5 and 6. Therefore, the requested amendment does regulation. The proposed change does not Basis for proposed no significant not create the possibility of a new or different change the functional requirements, hazards consideration determination: kind of accident from any accident configuration, or method of operation of any As required by 10 CFR 50.91(a), the previously evaluated.

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3. Does the proposed amendment involve for the 4.16 kV emergency bus LOP instrumentation or electrical power a significant reduction in a margin of safety? undervoltage instrumentation associated system; nor are there any changes in the Response: No. with the Unit 2 emergency buses. In method by which safety related plant The proposed changes do not affect the addition, the proposed amendments structures, systems, and components (SSCs) safety limits as described in the plant- perform their specified safety functions as a specific Technical Specifications. In would revise Unit 2 License Condition result of the proposed license amendment. addition, the limiting safety system settings 2.C(3)(i) to clarify its intent. The proposed change deletes the loss of and limiting control settings continue to be Basis for proposed no significant voltage annunciation requirements and met with the proposed changes to the plant- hazards consideration determination: increases the AVs for the degraded voltage specific Technical Specifications limiting As required by 10 CFR 50.91(a), the protection instrumentation as a result of an conditions for operation, applicability, licensee has provided its analysis of the electrical power system modification, which actions, and surveillance requirements. The issue of no significant hazards SNC has evaluated independently of this proposed changes do not affect the initial consideration, which is presented proposed license amendment. The proposed conditions and operating limits required by below: license amendment will not affect the normal the accident analysis, and the analyses of method of plant operation or revise any normal operation and anticipated operational 1. Does the proposed amendment involve operating parameters. Additionally, there is occurrences, so that the acceptance limits a significant increase in the probability or no detrimental impact on the manner in specified in the UFSAR [Updated Final consequences of an accident previously which plant equipment operates or responds Safety Analysis Report] are not exceeded. evaluated? to an actuation signal as a result of the The proposed changes satisfy the same safety Response: No. proposed license change. No new accident functions in accordance with the same The proposed change incorporates scenarios, transient precursor, failure requirements as stated in the UFSAR. These concomitant changes to the LOP mechanisms, or limiting single failures will changes do not adversely affect any design instrumentation requirements to reflect an be introduced as a result of this proposed code, function, design analysis, safety electrical power system modification by change and the failure modes and effects analysis input or result, or design/safety deleting the unnecessary loss of voltage analyses of SSCs important to safety are not margin. annunciation requirements and increasing altered as a result of this proposed change. No safety analysis or design basis the AVs for the degraded voltage protection The process of operating and testing the acceptance limit/criterion is challenged or instrumentation. LOP instrumentation uses current exceeded by the proposed changes, and no The proposed license change does not procedures, methods, and processes already margin of safety is reduced. involve a physical change to the LOP established and currently in use and is not Therefore, the requested amendment does instrumentation, nor does it change the safety being altered by the proposed license not involve a significant reduction in a function of the LOP instrumentation or the amendment. Therefore, the proposed change margin of safety. equipment supported by the LOP does not constitute a new type of test. The NRC staff has reviewed the instrumentation. Automatic starting of the Accordingly, the proposed change does not [diesel generators] DGs is assumed in the create the possibility of a new or different licensee’s analysis and, based on this kind of accident from any previously review, it appears that the three mitigation of a design basis event upon a loss of offsite power. This includes transferring evaluated. standards of 10 CFR 50.92(c) are the normal offsite power source to an 3. Does the proposed amendment involve satisfied. Therefore, the NRC staff alternate or emergency power source in the a significant reduction in a margin of safety? proposes to determine that the event of a sustained degraded voltage Response: No. amendment request involves no condition. The LOP instrumentation Margin of safety is provided by the significant hazards consideration. continues to provide this capability and is performance capability of plant equipment in Attorney for licensee: M. Stanford not altered by the proposed license change. preventing or mitigating challenges to fission Blanton, Balch & Bingham LLP, 1710 The proposed change does not adversely product barriers under postulated operational affect accident initiators or precursors transient and accident conditions. The Sixth Avenue North, Birmingham, AL proposed license change deletes the loss of 35203–2015. including a loss of offsite power or station blackout. The revised LOP degraded voltage annunciation requirements and NRC Branch Chief: Jennifer Dixon- increases the AVs for the degraded voltage Herrity. instrumentation setpoints ensure that the Class 1E electrical distribution system is protection instrumentation as a result of an separated from the offsite power system prior electrical power system modification, which Southern Nuclear Operating Company, SNC has evaluated independently of this Inc. (SNC), Georgia Power Company, to damaging the safety related loads during sustained degraded voltage conditions while proposed license amendment. The proposed Oglethorpe Power Corporation, deletion of the loss of voltage annunciation Municipal Electric Authority of Georgia, avoiding an inadvertent separation of safety- related buses from the offsite power system. requirements is offset by the more restrictive City of Dalton, Georgia, Docket Nos. 50– Additionally, the degraded voltage degraded voltage instrumentation AVs 321 and 50–366, Edwin I. Hatch Nuclear instrumentation time delay will isolate the thereby providing an automatic emergency Plant, Unit Nos. 1 and 2, Appling Class 1E electrical distribution system from bus transfer to the alternate or emergency County, Georgia offsite power before the diesel generators are power supply in the event of a sustained degraded voltage condition. Date of amendment request: March 9, ready to assume the emergency loads, which is the limiting time basis for mitigating Therefore, the margin[s] associated with a 2018. A publicly-available version is in system responses to design basis accidents. design basis or safety limit parameter are not ADAMS under Accession No. As a result, the proposed change does not adversely impacted by the proposed ML18071A363. significantly alter assumptions relative to the amendment and, thus the proposed change Description of amendment request: mitigation of an accident or transient event does not involve a significant reduction in a The amendments would revise the and the proposed change does not involve a margin of safety. Technical Specifications (TS) significant increase in the probability or The NRC staff has reviewed the requirements for the Hatch Nuclear consequences of an accident previously licensee’s analysis and, based on this Plant, Unit Nos. 1 and 2. Specifically, evaluated. review, it appears that the three TS 3.3.8.1, ‘‘Loss of Power (LOP) 2. Does the proposed amendment create standards of 10 CFR 50.92(c) are Instrumentation,’’ for Unit Nos. 1 and 2 the possibility of a new or different kind of accident from any accident previously satisfied. Therefore, the NRC staff would be revised to modify the evaluated? proposes to determine that the instrument allowable values (AVs) for Response: No. amendment request involves no the 4.16 kilovolt (kV) emergency bus With respect to a new or different kind of significant hazards consideration. degraded voltage instrumentation and accident, the proposed license change does Attorney for licensee: Jennifer M. delete the annunciation requirements not alter the design or performance of the Buettner, Associate General Counsel,

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Southern Nuclear Operating Company, existing equipment to perform its intended Response: No. 40 Inverness Center Parkway, functions. No system setpoints are being The proposed change replaces existing Birmingham, AL 35242. modified and no new failure modes are [Surveillance Requirements] SRs to operate NRC Branch Chief: Michael T. introduced. The proposed amendments do the [Main Control Room/Emergency Switchgear Room Emergency Ventilation Markley. not introduce new accident initiator[s] or malfunctions that would cause a new or System] MCR/ESGR EVS and [Emergency Virginia Electric and Power Company, different kind of accident. Therefore, the Core Cooling System Pump Room Exhaust Docket Nos. 50–338 and 50–339, North proposed amendments do not create the Air Cleanup System] ECCS PREACS Systems possibility of a new or different kind of equipped with electric heaters for a Anna Power Station, Unit Nos. 1 and 2, continuous 10 hour period every 31 days Louisa County, Virginia and Docket accident from any accident previously evaluated. with a requirement to operate the systems for Nos. 50–280 and 50–281, Surry Power 3. Do the proposed amendments involve a 15 continuous minutes every 31 days with Station, Unit Nos. 1 and 2, Surry significant reduction in a margin of safety? heaters operating, if needed. In addition, the County, Virginia Response: No. electrical heater output test in the [Ventilation Filter Testing Program] VFTP Date of amendment request: January The proposed amendments affect the NAPS and SPS emergency plans, including (TS 5.5.10.e) is proposed to be removed and 16, 2018, as supplemented by letter a corresponding change in the charcoal filter dated June 13, 2018. Publicly-available relocation of CERP content, but do not alter any of the requirements of the Operating testing (TS 5.5.10.c) be made to require versions are in ADAMS under Licenses or the Technical Specifications. The testing be conducted at a humidity of at least Accession Nos. ML18025B468 and proposed amendments do not affect any of 95% [relative humidity] RH, which is more ML18169A224, respectively. the assumptions used in the accident stringent than the current testing requirement Description of amendment request: analyses, or any operability requirements for of 70% RH. These systems are not accident initiators The amendments would authorize equipment important to plant safety. and therefore, these changes do not involve Therefore, the proposed amendments do not changes to the North Anna Power a significant increase in the probability of an involve a significant reduction in the margin Station (NAPS) and Surry Power station accident. The proposed system and filter of safety. (SPS) emergency plans and would allow testing changes are consistent with current the consolidation of both sites’ current The NRC staff has reviewed the regulatory guidance for these systems and emergency operations facilities (EOF) licensee’s analysis and, based on this will continue to assure that these systems into a central EOF. As the location of review, it appears that the three perform their design function which may the consolidated EOF would be greater standards of 10 CFR 50.92(c) are include mitigating accidents. Thus, the change does not involve a significant than 25 miles from either site, this satisfied. Therefore, the NRC staff increase in the consequences of an accident. action requires the approval of the NRC proposes to determine that the The change to the [Environmental itself. amendment request involves no Protection Plan] EPP is administrative in Basis for proposed no significant significant hazards consideration. nature to reflect approved NRC references hazards consideration determination: Attorney for licensee: Lillian M. (codes). As required by 10 CFR 50.91(a), the Cuoco, Senior Counsel, Dominion Therefore, it is concluded that this change licensee has provided its analysis of the Resources Services, Inc., 120 Tredegar does not involve a significant increase in the issue of no significant hazards Street, RS–2, Richmond, VA 23219. probability or consequences of an accident consideration, which is presented NRC Branch Chief: Michael T. previously evaluated. 2. Does the proposed change create the below: Markley. possibility of a new or different kind of 1. Do the proposed amendments involve a Virginia Electric and Power Company, accident from any accident previously significant increase in the probability or Docket Nos. 50–338 and 50–339, North evaluated? consequences of an accident previously Anna Power Station, Unit Nos. 1 and 2, Response: No. evaluated? The proposed change replaces existing SRs Response: No. Louisa County, Virginia to operate the MCR/ESGR EVS and ECCS The proposed amendments affect the Date of amendment request: January PREACS Systems equipped with electric NAPS and SPS emergency plans, including 22, 2018, as supplemented by letter heaters for a continuous 10 hour period every relocation of [Consolidated Emergency dated March 26, 2018. Publicly- 31 days with a requirement to operate the Response Plan] CERP content, but do not available versions are in ADAMS under systems for 15 continuous minutes every 31 alter any of the requirements of the Operating days with heaters operating, if needed. In Licenses or the Technical Specifications. The Accession Nos. ML18029A118, and addition, the electrical heater output test in proposed amendments do not modify any ML18092A081, respectively. the VFTP (TS 5.5.10.e) is proposed to be plant equipment and [do] not impact any Description of amendment request: removed and a corresponding change in the failure modes that could lead to an accident. The amendments would revise the charcoal filter testing (TS 5.5.10.c) be made Additionally, the proposed amendments North Anna Technical Specification to require testing be conducted at a humidity have no effect on the consequences of any (TS) requirements regarding ventilation of at least 95% RH, which is more stringent analyzed accident since the amendments do system testing in accordance with the than the current testing requirement of 70% not affect any equipment related to accident Technical Specifications Task Force RH. mitigation. Therefore, the proposed traveler, TSTF–522, ‘‘Revise Ventilation The change proposed for these ventilation amendments do not involve a significant systems does not change any system increase [in] the probability or consequences System Surveillance Requirements to operations or maintenance activities. Testing of an accident previously evaluated. Operate for 10 Hours per Month.’’ requirements will be revised and will 2. Do the proposed amendments create the Basis for proposed no significant continue to demonstrate that the Limiting possibility of a new or different kind of hazards consideration determination: Conditions for Operation are met and the accident from any accident previously As required by 10 CFR 50.91(a), the system components are capable of evaluated? licensee has provided its analysis of the performing their intended safety functions. Response: No. issue of no significant hazards The change does not create new failure The proposed amendments affect the consideration, which is presented modes or mechanisms and no new accident NAPS and SPS emergency plans, including below: precursors are generated. relocation of CERP content, but do not alter The change to the EPP is administrative in any of the requirements of the Operating 1. Does the proposed change involve a nature to reflect approved NRC references Licenses or the Technical Specifications. significant increase in the probability or (codes). [They do] not modify any plant equipment consequences of an accident previously Therefore, it is concluded that this change and there are no impacts on the capability of evaluated? does not create the possibility of a new or

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different kind of accident from any accident licensee has provided its analysis of the Based on the above, the proposed change previously evaluated. issue of no significant hazards does not involve a significant increase in the 3. Does the proposed change involve a consideration, which is presented probability or consequences of an accident significant reduction in a margin of safety? below: previously evaluated. Response: No. 2. Does the change create the possibility of The proposed change replaces existing SRs 1. Does the change involve a significant a new or different kind of accident from any to operate the MCR/ESGR EVS and ECCS increase in the probability or consequences accident previously evaluated? PREACS Systems equipped with electric of an accident previously evaluated? Response: No. heaters for a continuous 10 hour period every Response: No. The proposed change does not alter the 31 days with a requirement to operate the The proposed change adds operability requirements for the availability of the 4kV systems for 15 continuous minutes every 31 requirements, required actions, and emergency buses during accident conditions. days with heaters operating, if needed. In surveillance requirements for the voltage The proposed change does not alter addition, the electrical heater output test in unbalance (open phase) protection function assumptions made in the safety analysis and the VFTP (TS 5.5.10.e) is proposed to be associated with the 4kV emergency buses. is consistent with those assumptions. The removed and a corresponding change in the This system provides an additional level of addition of the voltage unbalance (open charcoal filter testing (TS 5.5.10.c) be made undervoltage protection for Class 1E phase) protection function TS enhances the to require testing be conducted at a humidity electrical equipment. The proposed change ability of plant operators to identify and of at least 95% RH, which is more stringent will promote reliability of the voltage respond to a voltage unbalance condition in than the current testing requirement of 70% unbalance (open phase) protection circuitry an off-site, primary power source, thereby RH. in the performance of its design function of ensuring the station electric distribution The proposed increase to 95% RH in the detecting and mitigating a voltage unbalance system will perform its intended safety required testing of the MCR/ESGR EVS condition on a required off-site primary function as designed. The proposed TS charcoal filters compensates for the function power source and initiating transfer to the change will promote voltage unbalance (open of the heaters, which was to reduce the onsite emergency power source. phase) protection function performance humidity of the incoming air to below the The new voltage unbalance (open phase) reliability in a manner similar to the existing currently-specified value of 70% RH for the protection function will further ensure the loss of voltage and degraded voltage charcoal. The proposed change is consistent normally operating Class 1E motors/ protective circuitry. with regulatory guidance and continues to equipment, which are powered from the The proposed change does not result in the ensure that the performance of the charcoal Class 1E buses, are appropriately isolated creation of any new accident precursors; does filters is acceptable. from a primary off-site power source not result in changes to any existing accident The change to the EPP is administrative in experiencing a consequential voltage scenarios; and does not introduce any nature to reflect approved NRC references unbalance and will not be damaged. The operational changes or mechanisms that (codes). addition of the voltage unbalance (open would create the possibility of a new or Therefore, it is concluded that this change phase) protection function will continue to different kind of accident. A failure mode does not involve a significant reduction in a allow the existing undervoltage protection and effects review was completed for margin of safety. circuitry to function as originally designed postulated failure mechanisms of the new (i.e., degraded and loss of voltage protection voltage unbalance protection function and The NRC staff has reviewed the will remain in place and be unaffected by concluded that the addition of this protection licensee’s analysis and, based on this this change). The proposed change does not function would not: (1) Affect the existing review, it appears that the three affect the probability of any accident loss of voltage and degraded voltage standards of 10 CFR 50.92(c) are resulting in a loss of voltage or degraded protection schemes, (2) affect the number of satisfied. Therefore, the NRC staff voltage condition on the Class 1E electrical occurrences of degraded voltage conditions proposes to determine that the buses and will enhance station response to that would cause the actuation of the existing amendment request involves no mitigating the consequences of accidents Loss of Voltage, Degraded Voltage or negative significant hazards consideration. previously evaluated as this change further sequence voltage protection relays, (3) would Attorney for licensee: Lillian M. ensures continued operation of Class 1E not affect the failure rate of the existing equipment throughout accident scenarios. protection relays, and (4) would not impact Cuoco, Senior Counsel, Dominion Specific models and analyses were the assumptions in any existing accident Resources Services, Inc., 120 Tredegar performed and demonstrated that the scenario. Street, RS–2, Richmond, VA 23219. proposed voltage unbalance (open phase) Therefore, the proposed change does not NRC Branch Chief: Michael T. protection function, with the specified create the possibility of a new or different Markley. operability requirements, required actions, kind of accident from any accident and surveillance requirements, will ensure previously evaluated. Virginia Electric and Power Company, the Class 1E system will be isolated from the 3. Does this change involve a significant Docket Nos. 50–338 and 50–339, North off-site power source should a consequential reduction in a margin of safety? Anna Power Station, Unit Nos. 1 and 2, voltage unbalance condition occur. The Class Response: No. Louisa County, Virginia 1E motors will be subsequently sequenced The proposed change enhances the ability Date of amendment request: April 30, back onto the Class 1E buses powered by the of the plant to identify and isolate a voltage 2018. A publicly-available version is in [emergency diesel generators] EDGs and will unbalance in an off-site, primary power therefore not be damaged in the event of a source and transfer the power source for the ADAMS under Accession No. consequential voltage unbalance under both 4kV emergency buses to the onsite ML18127A073. accident and non-accident conditions. emergency power system. The proposed Description of amendment request: Therefore, the Class 1E loads will be change does not affect the dose analysis The amendments would revise the available to perform their design basis acceptance criteria, does not result in plant Technical Specification (TS) functions should a loss of coolant accident operation in a configuration outside the requirements to add operability (LOCA) occur concurrent with a loss of analyses or design basis, and does not requirements, required actions, and offsite power (LOOP) following a voltage adversely affect systems that respond to surveillance requirements for the new unbalance condition. The loading sequence safely shutdown the plant and to maintain 4160 volt emergency bus voltage (i.e., timing) of Class 1E equipment back onto the plant in a safe shutdown condition. the ESF bus, powered by the EDG, is within With the addition of the new voltage unbalance protection system at the the existing degraded voltage time delay. unbalance (open phase) protection function, North Anna Power Station, Unit Nos. 1 The addition of the new voltage unbalance the capability of Class 1E equipment to and 2. (open phase) protection function will have perform its safety function will be further Basis for proposed no significant no impact on accident initiators or precursors assured and the equipment will remain hazards consideration determination: and does not alter the accident analysis capable of mitigating the consequences of As required by 10 CFR 50.91(a), the assumptions. previously analyzed accidents while

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maintaining the existing margin to safety Submitting Comments’’ section of this Safety Evaluation dated August 15, currently assumed in the accident analyses. document. 2018. Therefore, the proposed change does not No significant hazards consideration Duke Energy Carolinas, LLC, Docket involve a significant reduction in a margin of comments received: No. safety. Nos. 50–413 and 50–414, Catawba The NRC staff has reviewed the Nuclear Station (Catawba), Units 1 and Duke Energy Progress, LLC, Docket No. licensee’s analysis and, based on this 2, York County, South Carolina 50–261, H. B. Robinson Steam Electric review, it appears that the three Duke Energy Carolinas, LLC, Docket Plant, Unit No. 2, Darlington County, standards of 10 CFR 50.92(c) are Nos. 50–369 and 50–370, McGuire South Carolina satisfied. Therefore, the NRC staff Nuclear Station (McGuire), Units 1 and Date of amendment request: February proposes to determine that the 2, Mecklenburg County, North Carolina 7, 2018. amendment request involves no Brief description of amendment: The Duke Energy Carolinas, LLC, Docket significant hazards consideration. amendment revised the Technical Nos. 50–269, 50–270, and 50–287, Attorney for licensee: Lillian M. Specification (TS) Section 3.4.3 ‘‘RCS Oconee Nuclear Station (Oconee), Units Cuoco, Senior Counsel, Dominion [Reactor Coolant System] Pressure and 1, 2, and 3, Oconee County, South Resources Services, Inc., 120 Tredegar Temperature (P/T) Limits,’’ to reduce Carolina Street, RS–2, Richmond, VA 23219. the applicability terms from 50 effective NRC Branch Chief: Michael T. Duke Energy Progress, LLC, Docket No. full-power years (EFPY) to 46.3 EFPY in Markley. 50–400, Shearon Harris Nuclear Power Figures 3.4.3–1 and 3.4.3–2, as a result III. Notice of Issuance of Amendments Plant (Harris), Unit 1, Wake County, of the removal of part length fuel to Facility Operating Licenses and North Carolina assemblies and the migration to 24- Combined Licenses Duke Energy Progress, LLC, Docket No. month fuel cycles. 50–261, H. B. Robinson Steam Electric Date of issuance: August 16, 2018. During the period since publication of Effective date: As of the date of the last biweekly notice, the Plant (Robinson), Unit No. 2, Darlington County, South Carolina issuance and shall be implemented Commission has issued the following within 120 days of issuance. amendments. The Commission has Date of amendment request: Amendment No.: 260. A publicly- determined for each of these November 7, 2017. available version is in ADAMS under amendments that the application Brief description of amendments: The Accession No. ML18200A042; complies with the standards and amendments revised the technical documents related to this amendment requirements of the Atomic Energy Act specifications (TSs) based on Technical are listed in the Safety Evaluation of 1954, as amended (the Act), and the Specification Task Force (TSTF) enclosed with the amendment. Commission’s rules and regulations. Traveler TSTF–545, Revision 3, ‘‘TS Renewed Facility Operating License The Commission has made appropriate Inservice Testing [IST] Program No. DPR–23: Amendment revised the findings as required by the Act and the Removal & Clarify SR [Surveillance Renewed Facility Operating License and Commission’s rules and regulations in Requirement] Usage Rule Application to TSs. 10 CFR chapter I, which are set forth in Section 5.5 Testing,’’ with some Date of initial notice in Federal the license amendment. variations. For each plant, the changes Register: April 10, 2018 (83 FR 15415). A notice of consideration of issuance included deleting the current TS for the The Commission’s related evaluation of amendment to facility operating IST Program, adding a new defined of the amendment is contained in a license or combined license, as term, ‘‘Inservice Testing Program,’’ to Safety Evaluation dated August 16, applicable, proposed no significant the TSs, and revising other TSs to 2018. hazards consideration determination, reference this new defined term instead No significant hazards consideration and opportunity for a hearing in of the deleted TS. comments received: No. connection with these actions, was Date of issuance: August 15, 2018. published in the Federal Register as Effective date: As of the date of Entergy Nuclear Operations, Inc., indicated. issuance and shall be implemented Docket No. 50–271, Vermont Yankee Unless otherwise indicated, the within 120 days of issuance. Nuclear Power Station, Vernon, Commission has determined that these Amendment Nos.: Catawba (Unit 1— Vermont amendments satisfy the criteria for 299, Unit 2—295); McGuire (Unit 1— Date of amendment request: July 20, categorical exclusion in accordance 309, Unit 2—288); Oconee (Unit 1—409, 2017. with 10 CFR 51.22. Therefore, pursuant Unit 2—411, Unit 3—410); Harris (Unit Brief description of amendment: The to 10 CFR 51.22(b), no environmental 1—166); and Robinson (Unit 2—259). A amendment is for a revision to the impact statement or environmental publicly-available version is in ADAMS Facility Operating License and assessment need be prepared for these under Accession No. ML18172A172; Technical Specifications to reflect the amendments. If the Commission has documents related to these amendments removal of all spent nuclear fuel from prepared an environmental assessment are listed in the Safety Evaluation the Vermont Yankee Nuclear Power under the special circumstances enclosed with the amendments. Station spent fuel pool and its transfer provision in 10 CFR 51.22(b) and has Renewed Facility Operating License to dry cask storage within an onsite made a determination based on that Nos. NPF–35, NPF–52, NPF–9, NPF–17, independent spent fuel storage assessment, it is so indicated. DPR–38, DPR–47, DPR–55, NPF–63, and installation (ISFSI) once all of the spent For further details with respect to the DPR–23: Amendments revised the nuclear fuel is placed in the ISFSI. action see (1) the applications for Renewed Facility Operating Licenses Date of issuance: August 15, 2018. amendment, (2) the amendment, and (3) and TSs. Effective date: As of the date of the Commission’s related letter, Safety Date of initial notice in Federal issuance and shall be implemented Evaluation and/or Environmental Register: January 16, 2018 (83 FR within 60 days of issuance. Assessment as indicated. All of these 2227). Amendment No.: 270. A publicly- items can be accessed as described in The Commission’s related evaluation available version is in ADAMS under the ‘‘Obtaining Information and of the amendment is contained in a Accession No. ML18156A179;

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documents related to this amendment FirstEnergy Nuclear Operating Date of initial notice in Federal are listed in the Safety Evaluation Company, Docket No. 50–440, Perry Register: November 21, 2017 (82 FR enclosed with the amendment. Nuclear Power Plant, Unit No. 1, Lake 55407). The supplemental letter dated Facility Operating License No. DPR– County, Ohio March 1, 2018, provided additional 28: The amendment revised the Facility Date of amendment request: February information that clarified the Operating License. 14, 2018. application, did not expand the scope of the application as originally noticed, Date of initial notice in Federal Brief description of amendment: The amendment revised Surveillance and did not change the staff’s original Register: September 26, 2017 (82 FR Requirement 3.3.1.1.2 of TS 3.3.1.1, proposed no significant hazards 44847). ‘‘Reactor Protection System (RPS) consideration determination as The Commission’s related evaluation Instrumentation,’’ to require adjustment published in the Federal Register. of the amendment is contained in a of the average power range monitor The Commission’s related evaluation Safety Evaluation dated August 15, (APRM) channels only if the calculated of the amendment is contained in a 2018. power exceeds the APRM output by Safety Evaluation dated August 16, more than 2 percent rated thermal 2018. No significant hazards consideration No significant hazards consideration power. The change is based on comments received: No. comments received: No. Technical Specifications Task Force Exelon FitzPatrick, LLC and Exelon (TSTF) traveler TSTF–546, ‘‘Revise Southern Nuclear Operating Company, Generation Company, LLC Docket No. APRM Channel Adjustment Docket Nos. 52–025 and 52–026, Vogtle 50–333, James A. FitzPatrick Nuclear Surveillance Requirement.’’ Electric Generating Plant (VEGP), Units Power Plant (JAFNPP), Oswego County, Date of issuance: August 23, 2018. 3 and 4, Burke County, Georgia New York Effective date: As of the date of Date of amendment request: April 13, issuance and shall be implemented Date of amendment request: October 2018. within 90 days of issuance. Description of amendment: The 2, 2017, as supplemented by letters Amendment No.: 183. A publicly- dated January 22 and April 19, 2018. amendment requested changes to the available version is in ADAMS under plant-specific Appendix A, Technical Brief description of amendment: The Accession No. ML18199A280; Specifications (TS) as incorporated into amendment revised existing JAFNPP documents related to this amendment the VEGP Combined License (COL), and technical specification (TS) are listed in the Safety Evaluation changes to the approved AP1000 Design requirements related to ‘‘operations enclosed with the amendment. Control Document Tier 2 information as with a potential for draining the reactor Facility Operating License No. NPF– incorporated into the Updated Final vessel’’ with new requirements on 58: Amendment revised the Facility Safety Analysis Report (UFSAR). reactor pressure vessel water inventory Operating License and Technical Specifically, the amendment includes control to protect TS 2.1.1.3 Safety Specifications. changes to the COL Appendix A, TS Limit. Date of initial notice in Federal Register: related to the statuses of the remotely Date of issuance: August 24, 2018. April 24, 2018 (83 FR 17863). The Commission’s related evaluation operated containment isolation valves. Effective date: As of its date of of the amendment is contained in a There are two changes to the licensing issuance, and shall be implemented Safety Evaluation dated August 23, basis documents that are proposed in within 180 days of issuance. 2018. this License Amendment Request. The first change is to clarify the post- Amendment No.: 321. A publicly- No significant hazards consideration accident monitoring (PAM) category available version is in ADAMS under comments received: No. designation for containment isolation Accession No. ML18194A882; NextEra Energy Duane Arnold, LLC, valves statuses by explicitly stating it in documents related to this amendment Docket No. 50–331, Duane Arnold the licensing basis. This change will are listed in the Safety Evaluation Energy Center, Linn County, Iowa help the operators avoid confusion and enclosed with the amendment. Date of amendment request: a potential human factor error and will Renewed Facility Operating License September 5, 2017, as supplemented by allow operators to quickly verify that No. DPR–59: The amendment revised letter dated March 1, 2018. the nonessential containment flow paths the Renewed Facility Operating License Brief description of amendment: The are isolated and then focus on the and TS. amendment revised TS 3.5.1, ‘‘ECCS— availability of the essential flow paths Date of initial notice in Federal Operating’’ to decrease the nitrogen for their defense-in-depth capabilities. Register: November 21, 2017 (82 FR supply requirement for the Automatic The second change is to add PAM 55406). The supplemental letters dated Depressurization System in Surveillance requirements to the UFSAR for the January 22 and April 19, 2018, provided Requirement 3.5.1.3 from 100 days to 30 Normal Residual Heat Removal System, additional information that clarified the days. the Component Cooling Water System, application, did not expand the scope of Date of issuance: August 16, 2018. and the Chemical and Volume Control the application as originally noticed, Effective date: As of the date of System containment isolation valve and did not change the staff’s original issuance and shall be implemented statues to capture PAM requirements for proposed no significant hazards within 90 days of issuance. their valve status which is not currently consideration determination as Amendment No.: 306. A publicly- required for PAM in UFSAR Table 7.5– published in the Federal Register. available version is in ADAMS under 1, ‘‘Post-Accident Monitoring System’’. Accession No. ML18179A184; Date of issuance: August 7, 2018. The Commission’s related evaluation documents related to this amendment Effective date: As of the date of of the amendment is contained in a are listed in the Safety Evaluation issuance and shall be implemented Safety Evaluation dated August 24, enclosed with the amendment. within 30 days of issuance. 2018. Renewed Facility Operating License Amendment Nos.: 137 (Unit 3) and No significant hazards consideration No. DPR–49: The amendment revised 136 (Unit 4). A publicly-available comments received: No. the Technical Specifications. version is in ADAMS under Accession

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No. ML18191B091; documents related The Commission’s related evaluation NUCLEAR REGULATORY to this amendment are listed in the of the amendment is contained in the COMMISSION Safety Evaluation enclosed with the Safety Evaluation dated July 12, 2018. [NRC–2018–0197] amendment. No significant hazards consideration Facility Combined Licenses No. NPF– comments received: No. Proposed Revisions to Standard 91 and NPF–92: Amendment revised the Review Plan Section 13.6, Physical Facility Combined Licenses. Tennessee Valley Authority, Docket No. Security Date of initial notice in Federal 50–390, Watts Bar Nuclear Plant (WBN), Register: May 22, 2018 (83 FR 23728). Unit 1, Rhea County, Tennessee AGENCY: Nuclear Regulatory The Commission’s related evaluation Commission. of the amendment is contained in the Date of amendment request: July 8, ACTION: Standard review plan-draft Safety Evaluation dated August 7, 2018. 2018, as supplemented by letters dated section revision; request for comment. No significant hazards consideration July 24 and July 30, 2018. SUMMARY: comments received: No. Brief description of amendment: The The U.S. Nuclear Regulatory Commission (NRC) is soliciting public amendment extended Technical Southern Nuclear Operating Company, comment on draft NUREG–0800, Specification (TS) Surveillance Docket Nos. 52–025 and 52–026, Vogtle ‘‘Standard Review Plan for the Review Electric Generating Plant (VEGP), Units Requirements (SRs) 3.3.1.5, 3.3.2.2, and of Safety Analysis Reports for Nuclear 3 and 4, Burke County, Georgia 3.3.6.2 by revising the WBN, Unit 1, TS Power Plants: LWR Edition,’’ Section SR 3.0.2 and certain SRs in Table SR 13.6, ‘‘Physical Security.’’ This section Date of amendment request: January 3.0.2–1. 31, 2018, as supplemented by letter has been updated to reflect the latest dated May 2, 2018. Date of issuance: August 16, 2018. NRC guidance concerning physical Description of amendment: The Effective date: As of the date of security. amendment revises the VEGP Units 3 issuance and shall be implemented DATES: Comments must be filed no later and 4 combined license (COL) immediately. than November 13, 2018. Comments Appendix A, Technical Specification Amendment No.: 121. A publicly- received after this date will be (TS) related to Pressurizer Safety Valve available version is in ADAMS under considered, if it is practical to do so, but (PSV) operability. The amendment Accession No. ML18204A252; the Commission is able to ensure changes TS 3.4.6, ‘‘PSV Applicability’’ consideration only for comments documents related to this amendment to require the PSV to be operable when received on or before this date. the TS 3.4.14, ‘‘Low Temperature are listed in the Safety Evaluation enclosed with the amendment. ADDRESSES: You may submit comments Overpressure Protection,’’ is not by any of the following methods: required to be operable. A conforming Facility Operating License No. NPF– • Federal Rulemaking Website: Go to change is made to the TS 3.4.6 Actions. 90: The amendment revised the Facility http://www.regulations.gov and search Additional TS changes necessary to Operating License and TSs. for Docket ID NRC–2018–0197. Address support PSV operability are made for Date of initial notice in Federal questions about NRC dockets to Jennifer consistency with the TS 3.4.6. The Register: July 16, 2018 (83 FR 32912). Borges; telephone: 301–287–9127; amendment also approves moving TS The supplemental letters dated July 24 email: [email protected]. For Limiting Condition for Operation Notes and July 30, 2018, provided additional technical questions, contact the regarding reactor coolant pump starts information that clarified the individual listed in the FOR FURTHER from TS 3.4.4, ‘‘Reactor Coolant System application, did not expand the scope of INFORMATION CONTACT section of this (RCS) Loops, 3.4.8, ‘‘Minimum RCS document. Flow,’’ and 3.4.14 to TS 3.4.3, ‘‘RCS the application as originally notified, • and did not change the NRC staff’s Mail comments to: May Ma, Office Pressure/Temperature Limits.’’ of Administration, Mail Stop: TWFN–7– proposed no significant hazards Date of issuance: July 12, 2018. A60M, U.S. Nuclear Regulatory consideration determination as Effective date: As of the date of Commission, Washington, DC 20555– published in the Federal Register. issuance and shall be implemented 0001. within 30 days of issuance. The Commission’s related evaluation For additional direction on obtaining Amendment Nos.: 133 (Unit 3) and of the amendment and final information and submitting comments, 132 (Unit 4). A publicly-available determination of no significant hazards see ‘‘Obtaining Information and version is in ADAMS under Accession consideration is contained in a Safety Submitting Comments’’ in the No. ML18159A437; documents related Evaluation dated August 16, 2018. SUPPLEMENTARY INFORMATION section of to this amendment are listed in the No significant hazards consideration this document. Safety Evaluation enclosed with the comments received: No. FOR FURTHER INFORMATION CONTACT: amendment. Mark D. Notich, Office of New Reactors, Facility Combined Licenses Nos. NPF– Dated at Rockville, Maryland, this 31st day U.S. Nuclear Regulatory Commission, 91 and NPF–92: Amendment revised the of August 2018. Washington, DC 20555–0001; telephone: Facility COL. For the Nuclear Regulatory Commission. 301–415–3053, email: Mark.Notich@ Date of Initial Notice in Federal Kathryn M. Brock, nrc.gov. Register: March 13, 2018 (83 FR Deputy Director, Division of Operating SUPPLEMENTARY INFORMATION: 10922). The supplement dated May 2, Reactor Licensing, Office of Nuclear Reactor 2018, provided additional information Regulation. I. Obtaining Information and that clarified the application, did not [FR Doc. 2018–19419 Filed 9–10–18; 8:45 am] Submitting Comments expand the scope of the application as originally noticed, and did not change BILLING CODE 7590–01–P A. Obtaining Information the NRC staff’s original proposed no Please refer to Docket ID NRC–2018– significant hazards consideration 0197 when contacting the NRC about determination. the availability of information for this

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action. You may obtain publicly- SRP is not a substitute for the NRC applicable, that would allow the staff to available information related to this regulations, and compliance with the impose the position. action by any of the following methods: SRP is not required. 3. The NRC staff has no intention to • Federal Rulemaking Website: Go to impose the SRP positions on existing http://www.regulations.gov and search III. Backfitting and Issue Finality nuclear power plant licensees either for Docket ID NRC–2018–0197. Issuance of this draft SRP, if finalized, now or in the future (absent a voluntary • NRC’s Agencywide Documents would not constitute backfitting as request for a change from the licensee, Access and Management System defined in section 50.109 of title 10 of holder of a regulatory approval or a (ADAMS): You may obtain publicly- the Code of Federal Regulations (10 design certification applicant). available documents online in the CFR) (the Backfit Rule) or otherwise be The NRC staff does not intend to ADAMS Public Documents collection at inconsistent with the issue finality impose or apply the positions described http://www.nrc.gov/reading-rm/ provisions in 10 CFR part 52. The NRC’s in the draft SRP to existing (already adams.html. To begin the search, select position is based upon the following issued) licenses (e.g., operating licenses ‘‘Begin Web-based ADAMS Search.’’ For considerations: and combined licenses) and regulatory problems with ADAMS, please contact 1. The draft SRP positions do not approvals. Hence, the issuance of this the NRC’s Public Document Room (PDR) constitute backfitting, inasmuch as the SRP guidance—even if considered reference staff at 1–800–397–4209, 301– SRP is guidance directed to the NRC guidance subject to the Backfit Rule or 415–4737, or by email to pdr.resource@ staff with respect to its regulatory the issue finality provisions in 10 CFR nrc.gov. responsibilities. part 52—would not need to be evaluated • NRC’s PDR: You may examine and The SRP provides internal guidance as if it were a backfit or as being purchase copies of public documents at to the NRC staff on how to review an inconsistent with these issue finality the NRC’s PDR, Room O1–F21, One application for NRC regulatory approval provisions. If, in the future, the NRC White Flint North, 11555 Rockville in the form of licensing. Changes in staff seeks to impose a position in the Pike, Rockville, Maryland 20852. guidance intended for use by only the SRP on holders of already issued B. Submitting Comments staff are not matters that constitute licenses in a manner that would backfitting as that term is defined in 10 constitute backfitting or does not Please include Docket ID NRC–2018– CFR 50.109(a)(1) or involve the issue provide issue finality as described in the 0197 in your comment submission. finality provisions of 10 CFR part 52. applicable issue finality provision, then The NRC cautions you not to include 2. Backfitting and issue finality—with the staff must make a showing as set identifying or contact information that forth in the Backfit Rule or address the you do not want to be publicly certain exceptions discussed below—do not apply to current or future criteria set forth in the applicable issue disclosed in your comment submission. finality provision, as applicable, that The NRC will post all comment applicants. Applicants and potential applicants would allow the staff to impose the submissions at http:// position. www.regulations.gov as well as enter the are not, with certain exceptions, the comment submissions into ADAMS. subject of either the Backfit Rule or any Dated at Rockville, Maryland, this 6th day of September 2018. The NRC does not routinely edit issue finality provisions under 10 CFR comment submissions to remove part 52. This is because neither the For the Nuclear Regulatory Commission. identifying or contact information. Backfit Rule nor the issue finality Jennivine K. Rankin, If you are requesting or aggregating provisions under 10 CFR part 52 were Acting Chief, Division of Licensing, Siting, comments from other persons for intended to apply to every NRC action and Environmental Analysis, Licensing submission to the NRC, then you should that substantially changes the Branch 3, Office of New Reactors. inform those persons not to include expectations of current and future [FR Doc. 2018–19684 Filed 9–10–18; 8:45 am] identifying or contact information that applicants. BILLING CODE 7590–01–P they do not want to be publicly The exceptions to the general disclosed in their comment submission. principle are applicable whenever a 10 Your request should state that the NRC CFR part 50 operating license applicant NUCLEAR REGULATORY does not routinely edit comment references a construction permit or a 10 COMMISSION submissions to remove such information CFR part 52 combined license applicant Meeting of the Advisory Committee on before making the comment references a license (e.g., an early site Reactor Safeguards Subcommittee on submissions available to the public or permit) and/or NRC regulatory approval Plant License Renewal entering the comment into ADAMS. (e.g., a design certification rule) for which specified issue finality provisions The ACRS Subcommittee on Plant II. Further Information apply. License Renewal will hold a meeting on The NRC seeks public comment on The NRC staff does not, at this time, September 20, 2018 at U.S. Nuclear the proposed Standard Review Plan intend to impose the positions Regulatory Commission, 11545 (SRP)-draft section revision of Section represented in this draft SRP section in Rockville Pike, Room T–2B1, Rockville, 13.6, ‘‘Physical Security.’’ The changes a manner that constitutes backfitting or Maryland 20852. made in this revision to this section is inconsistent with any issue finality The entire meeting will be open to reflect the latest NRC guidance provision of 10 CFR part 52. If, in the public attendance. The agenda for the concerning physical security. future, the staff seeks to impose a subject meeting shall be as follows: Following NRC staff evaluation of position in this draft SRP section in a public comments, the NRC intends to manner that would constitute Thursday, September 20, 2018, 1 p.m. finalize SRP Section 13.6, ‘‘Physical backfitting or be inconsistent with these Until 5 p.m. Security,’’ Revision 4 in ADAMS and issue finality provisions, the NRC staff The Subcommittee will conduct a post it on the NRC’s public website at must make the showing as set forth in briefing on the River Bend Nuclear http://www.nrc.gov/reading-rm/doc- the Backfit rule or address the Generating Station Unit 1 License collections/nuregs/staff/sr0800/. The regulatory criteria set forth in the Renewal Application. The SRP is guidance for the NRC staff. The applicable issue finality provision, as Subcommittee will hear presentations

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by and hold discussions with NRC staff Dated: September 5, 2018. the NRC’s PDR, Room O1–F21, One and other interested persons regarding Mark L. Banks, White Flint North, 11555 Rockville this matter. The Subcommittee will Chief, Technical Support Branch, Advisory Pike, Rockville, MD 20852. gather information, analyze relevant Committee on Reactor Safeguards. FOR FURTHER INFORMATION CONTACT: Ted issues and facts, and formulate [FR Doc. 2018–19601 Filed 9–10–18; 8:45 am] Carter, Office of Nuclear Material Safety proposed positions and actions, as BILLING CODE 7590–01–P and Safeguards, U.S. Nuclear Regulatory appropriate, for deliberation by the Full Commission, Washington, DC 20555– Committee. NUCLEAR REGULATORY 0001; telephone: 301–415–5543, email: Members of the public desiring to COMMISSION [email protected]. provide oral statements and/or written comments should notify the Designated [Docket No. 50–312; NRC–2018–0180] SUPPLEMENTARY INFORMATION: The NRC has terminated License No. DPR–54, Federal Official (DFO), Kent Howard Sacramento Municipal Utility District; (Telephone 301–415–2989 or Email: held by Sacramento Municipal Utility Rancho Seco Nuclear Generating District (SMUD), for Rancho Seco in [email protected]) five days prior to Station the meeting, if possible, so that Herald, California, and has approved the appropriate arrangements can be made. AGENCY: Nuclear Regulatory site for unrestricted release. Thirty-five hard copies of each Commission. Accordingly, the existing indemnity presentation or handout should be ACTION: License termination; issuance. agreement between SMUD and the NRC has been terminated. provided to the DFO thirty minutes SUMMARY: The U.S. Nuclear Regulatory before the meeting. In addition, one Commission (NRC) is providing public Rancho Seco initially went critical on electronic copy of each presentation notice of the termination of the September 16, 1974, and began should be emailed to the DFO one day Operating License (Possession Only) No. commercial operation on April 18, 1975. before the meeting. If an electronic copy DPR–54. The NRC has terminated the On June 7, 1989, SMUD permanently cannot be provided within this license of the decommissioned Rancho terminated nuclear power operations at timeframe, presenters should provide Seco Nuclear Generating Station Rancho Seco. On December 8, 1989, the DFO with a CD containing each (Rancho Seco) in Herald, California and SMUD completed defueling the reactor. presentation at least thirty minutes has approved the site for unrestricted On March 17, 1992, the NRC amended before the meeting. Electronic release. the Rancho Seco operating license to recordings will be permitted only DATES: Notice of termination of ‘‘Possession Only’’ status (ADAMS during those portions of the meeting Operating License No. DPR–54 issued Accession No. ML17283A071). On that are open to the public. The public on August 31, 2018. March 20, 1995, the NRC issued the bridgeline number for the meeting is ADDRESSES: Please refer to Docket ID Rancho Seco Decommissioning Order. 866–822–3032, passcode 8272423. NRC–2018–0180 when contacting the The Order authorized SMUD to Detailed procedures for the conduct of NRC about the availability of decommission the facility and accepted and participation in ACRS meetings information regarding this document. the Rancho Seco decommissioning were published in the Federal Register You may obtain publicly-available funding plan. SMUD began actively on October 4, 2017 (82 FR 46312). information related to this document decommissioning Rancho Seco in Detailed meeting agendas and meeting using any of the following methods: February 1997. In March 1997, SMUD • Federal Rulemaking Website: Go to transcripts are available on the NRC revised the Rancho Seco http://www.regulations.gov and search website at http://www.nrc.gov/reading- Decommissioning Plan to conform to for Docket ID NRC–2018–0180. Address the content requirements of the Post rm/doc-collections/#acrs. Information questions about NRC dockets to Jennifer regarding topics to be discussed, Shutdown Decommissioning Activities Borges; telephone: 301–287–9127; Report. changes to the agenda, whether the email: [email protected]. For meeting has been canceled or technical questions, contact the On June 30, 2000, the NRC issued rescheduled, and the time allotted to individual listed in the FOR FURTHER Materials License SNM–2510 for the present oral statements can be obtained INFORMATION CONTACT section of this Rancho Seco Independent Spent Fuel from the website cited above or by document. Storage Installation (ISFSI). This site- contacting the identified DFO. • NRC’s Agencywide Documents specific license authorizes SMUD to Moreover, in view of the possibility that Access and Management System store Rancho Seco spent fuel at the the schedule for ACRS meetings may be (ADAMS): You may obtain publicly- Rancho Seco ISFSI. The licensee adjusted by the Chairman as necessary available documents online in the completed transferring all of the spent to facilitate the conduct of the meeting, ADAMS Public Documents collection at fuel to the ISFSI on August 21, 2002. All persons planning to attend should check http://www.nrc.gov/reading-rm/ of the spent fuel is now stored at the with these references if such adams.html. To begin the search, select ISFSI. The ISFSI is a separately licensed rescheduling would result in a major ‘‘Begin Web-based ADAMS Search.’’ For facility located outside the operating problems with ADAMS, please contact inconvenience. licensed site. On October 10, 2002, NRC the NRC’s Public Document Room (PDR) approved a license amendment that If attending this meeting, please enter reference staff at 1–800–397–4209, 301– eliminated the security plan through the One White Flint North 415–4737, or by email to pdr.resource@ requirements from the operating building, 11555 Rockville Pike, nrc.gov. The ADAMS accession number Rockville, Maryland 20852. After for each document referenced (if that licensed facility (ADAMS Accession No. registering with Security, please contact document is available in ADAMS) is ML022840145). Mr. Theron Brown (Telephone 301– provided the first time that a document Dated at Rockville, Maryland, this 5th day 415–6702) to be escorted to the is referenced. of August 2018. conference room. • NRC’s PDR: You may examine and purchase copies of public documents at

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For the Nuclear Regulatory Commission. FOR FURTHER INFORMATION CONTACT: Your request should state that the NRC John P. Clements, Mark D. Notich, Office of New Reactors, does not routinely edit comment Acting Branch Chief, Reactor U.S. Nuclear Regulatory Commission, submissions to remove such information Decommissioning Branch, Division of Washington, DC 20555–0001; telephone: before making the comment Decommissioning, Uranium Recovery, and 301–415–3053, email: Mark.Notich@ submissions available to the public or Waste Programs, Office of Nuclear Material nrc.gov. entering the comment into ADAMS. Safety and Safeguards. SUPPLEMENTARY INFORMATION: [FR Doc. 2018–19602 Filed 9–10–18; 8:45 am] II. Further Information BILLING CODE 7590–01–P I. Obtaining Information and The NRC seeks public comment on Submitting Comments the proposed SRP-draft section revision of Section 13.4, ‘‘Operational A. Obtaining Information NUCLEAR REGULATORY Programs.’’ The changes made in this COMMISSION Please refer to Docket ID NRC–2018– revision to this section reflect the latest 0196 when contacting the NRC about NRC guidance concerning operational [NRC–2018–0196] the availability of information for this programs. action. You may obtain publicly- Following NRC staff evaluation of Proposed Revisions to Standard available information related to this public comments, the NRC intends to Review Plan Section 13.4, Operational action by any of the following methods: finalize SRP Section 13.4, ‘‘Operational Programs • Federal Rulemaking Website: Go to Program,’’ Revision 4 in ADAMS and AGENCY: Nuclear Regulatory http://www.regulations.gov and search post it on the NRC’s public website at Commission. for Docket ID NRC–2018–0196. http://www.nrc.gov/reading-rm/doc- • NRC’s Agencywide Documents ACTION: Standard review plan-draft collections/nuregs/staff/sr0800/. The Access and Management System section revision; request for comment. SRP is guidance for the NRC staff. The (ADAMS): You may obtain publicly- SRP is not a substitute for the NRC SUMMARY: The U.S. Nuclear Regulatory available documents online in the regulations, and compliance with the Commission (NRC) is soliciting public ADAMS Public Documents collection at SRP is not required. http://www.nrc.gov/reading-rm/ comment on draft NUREG–0800, III. Backfitting and Issue Finality ‘‘Standard Review Plan for the Review adams.html. To begin the search, select of Safety Analysis Reports for Nuclear ‘‘Begin Web-based ADAMS Search.’’ For Issuance of this draft SRP, if finalized, Power Plants: LWR Edition,’’ Section problems with ADAMS, please contact would not constitute backfitting as 13.4, ‘‘Operational Programs.’’ The NRC the NRC’s Public Document Room (PDR) defined in section 50.109 of title 10 of seeks comments on the proposed draft reference staff at 1–800–397–4209, 301– the Code of Federal Regulations (10 section revision of the Standard Review 415–4737, or by email to pdr.resource@ CFR) (the Backfit Rule) or otherwise be Plan (SRP) concerning guidance for the nrc.gov. The draft revision and current inconsistent with the issue finality review and implementation of revision to NUREG–0800, Section13.4, provisions in 10 CFR part 52. The NRC’s operational programs required by the ‘‘Operational Programs’’ is available in position is based upon the following NRC’s regulations for combined ADAMS under Accession No. considerations: operating license applications. ML18131A304 and ML070470463. The 1. The draft SRP positions do not redline-strikeout version comparing the constitute backfitting, inasmuch as the DATES: Comments must be filed no later draft revision 4 and the current version SRP is guidance directed to the NRC than November 13, 2018. Comments of revision 3 is available under staff with respect to its regulatory received after this date will be Accession No. ML18143B713. responsibilities. considered, if it is practical to do so, but • NRC’s PDR: You may examine and The SRP provides internal guidance the Commission is able to ensure purchase copies of public documents at to the NRC staff on how to review an consideration only for comments the NRC’s PDR, Room O1–F21, One application for NRC regulatory approval received on or before this date. White Flint North, 11555 Rockville in the form of licensing. Changes in ADDRESSES: You may submit comments Pike, Rockville, Maryland 20852. guidance intended for use by only the by any of the following methods: staff are not matters that constitute • Federal Rulemaking Website: Go to B. Submitting Comments backfitting as that term is defined in 10 http://www.regulations.gov and search Please include Docket ID NRC–2018– CFR 50.109(a)(1) or involve the issue for Docket ID NRC–2018–0196. Address 0196 in your comment submission. finality provisions of 10 CFR part 52. questions about NRC dockets to Jennifer The NRC cautions you not to include 2. Backfitting and issue finality—with Borges; telephone: 301–287–9127; identifying or contact information that certain exceptions discussed below—do email: [email protected]. For you do not want to be publicly not apply to current or future technical questions, contact the disclosed in your comment submission. applicants. individual listed in the FOR FURTHER The NRC will post all comment Applicants and potential applicants INFORMATION CONTACT section of this submissions at http:// are not, with certain exceptions, the document. www.regulations.gov as well as enter the subject of either the Backfit Rule or any • Mail comments to: May Ma, Office comment submissions into ADAMS. issue finality provisions under 10 CFR of Administration, Mail Stop: TWFN–7– The NRC does not routinely edit part 52. This is because neither the A60M, U.S. Nuclear Regulatory comment submissions to remove Backfit Rule nor the issue finality Commission, Washington, DC 20555– identifying or contact information. provisions under 10 CFR part 52 were 0001. If you are requesting or aggregating intended to apply to every NRC action For additional direction on obtaining comments from other persons for that substantially changes the information and submitting comments, submission to the NRC, then you should expectations of current and future see ‘‘Obtaining Information and inform those persons not to include applicants. Submitting Comments’’ in the identifying or contact information that The exceptions to the general SUPPLEMENTARY INFORMATION section of they do not want to be publicly principle are applicable whenever a 10 this document. disclosed in their comment submission. CFR part 50 operating license applicant

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references a construction permit or a 10 PENSION BENEFIT GUARANTY of information are described below. CFR part 52 combined license applicant CORPORATION OMB approvals for these collections of references a license (e.g., an early site information expire November 30, 2018. permit) and/or NRC regulatory approval Submission of Information Collections On July 6, 2018, PBGC published (at 83 (e.g., a design certification rule) for for OMB Review; Comment Request; FR 31574) a notice of its intent to which specified issue finality provisions Multiemployer Plan Regulations request that OMB extend approval of these collections of information. No apply. AGENCY: Pension Benefit Guaranty comments were received. PBGC is The NRC staff does not, at this time, Corporation. requesting that OMB extend its approval intend to impose the positions ACTION: Notice of request for OMB of these collections of information for represented in this draft SRP section in approval. three years. An agency may not conduct a manner that constitutes backfitting or or sponsor, and a person is not required SUMMARY: The Pension Benefit Guaranty is inconsistent with any issue finality to respond to, a collection of Corporation (PBGC) is requesting that provision of 10 CFR part 52. If, in the information unless it displays a the Office of Management and Budget future, the staff seeks to impose a currently valid OMB control number. position in this draft SRP section in a (OMB) extend approval, under the manner that would constitute Paperwork Reduction Act, of collections 1. Termination of Multiemployer Plans backfitting or be inconsistent with these of information in PBGC’s regulations on (29 CFR Part 4041A) (OMB Control multiemployer plans. This notice Number 1212–0020) (Expires November issue finality provisions, the NRC staff informs the public of PBGC’s request 30, 2018) must make the showing as set forth in and solicits public comment on the the Backfit rule or address the Section 4041A(f)(2) of ERISA collections of information. regulatory criteria set forth in the authorizes PBGC to prescribe reporting applicable issue finality provision, as DATES: Comments must be submitted by requirements and other rules and applicable, that would allow the staff to October 11, 2018. standards for administering terminated impose the position. ADDRESSES: Comments should be sent to multiemployer plans. Section 4041A(c) the Office of Information and Regulatory and (f)(1) of ERISA prohibit the payment 3. The NRC staff has no intention to Affairs, Office of Management and by a mass-withdrawal-terminated plan impose the SRP positions on existing Budget, Attention: Desk Officer for of lump sums greater than $1,750 or of nuclear power plant licensees either Pension Benefit Guaranty Corporation, nonvested plan benefits unless now or in the future (absent a voluntary via electronic mail at OIRA_DOCKET@ authorized by PBGC. request for a change from the licensee, omb.eop.gov or by fax to (202) 395– The regulation requires the plan holder of a regulatory approval or a 6974. sponsor of a terminated plan to submit design certification applicant). A copy of the request will be posted a notice of termination to PBGC. It also The NRC staff does not intend to on PBGC’s website at https:// requires the plan sponsor of a mass- impose or apply the positions described www.pbgc.gov/prac/laws-and- withdrawal-terminated plan that is in the draft SRP to existing (already regulations/information-collections- closing out to give notices to issued) licenses (e.g., operating licenses under-omb-review. It may also be participants regarding the election of and combined licenses) and regulatory obtained without charge by writing to alternative forms of benefit distribution approvals. Hence, the issuance of this the Disclosure Division of the Office of and, if the plan is not closing out, to SRP guidance—even if considered the General Counsel, 1200 K Street NW, obtain PBGC approval to pay lump sums guidance subject to the Backfit Rule or Washington, DC 20005–4026, faxing a greater than $1,750 or to pay nonvested the issue finality provisions in 10 CFR request to 202–326–4042, or calling plan benefits. part 52—would not need to be evaluated 202–326–4040 during normal business PBGC uses the information in a notice as if it were a backfit or as being hours (TTY users may call the Federal of termination to assess the likelihood inconsistent with these issue finality relay service toll-free at 1–800–877– that PBGC financial assistance will be needed. Plan participants and provisions. If, in the future, the NRC 8339 and ask to be connected to 202– beneficiaries use the information on staff seeks to impose a position in the 326–4040). The Disclosure Division will alternative forms of benefit to make SRP on holders of already issued email, fax, or mail the information to personal financial decisions. PBGC uses licenses in a manner that would you, as you request. the information in an application for constitute backfitting or does not FOR FURTHER INFORMATION CONTACT: Hilary Duke ([email protected]), approval to pay lump sums greater than provide issue finality as described in the $1,750 or to pay nonvested plan benefits applicable issue finality provision, then Assistant General Counsel for Regulatory Affairs, Office of the General to determine whether such payments the staff must make a showing as set should be permitted. forth in the Backfit Rule or address the Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW, PBGC estimates that each year plan criteria set forth in the applicable issue sponsors submit notices of termination finality provision, as applicable, that Washington, DC 20005–4026, 202–326– 4400, extension 3839. (TTY users may for ten plans, distribute election notices would allow the staff to impose the to participants in three of those plans, position. call the Federal relay service toll-free at 1–800–877–8339 and ask to be and submit requests to pay benefits or Dated at Rockville, Maryland, this 6th day connected to 202–326–4400, extension benefit forms not otherwise permitted of September 2018. 3839.) for one of those plans. The estimated For the Nuclear Regulatory Commission. annual burden of the collection of SUPPLEMENTARY INFORMATION: OMB has information is 69 hours and $50,000. Jennivine K. Rankin, approved and issued control numbers Acting Chief, Licensing Branch 3, Division for three collections of information in 2. Notice of Insolvency (29 CFR Part of Licensing, Siting, and Environmental PBGC’s regulations relating to 4245) (OMB Control Number 1212– Analysis, Office of New Reactors. multiemployer plans under the 0033) (Expires November 30, 2018) [FR Doc. 2018–19685 Filed 9–10–18; 8:45 am] Employee Retirement Income Security Section 4245(e) of ERISA requires two BILLING CODE 7590–01–P Act of 1974 (ERISA). These collections types of notice: A ‘‘notice of

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insolvency,’’ stating a plan sponsor’s sponsors each year will file initial II. Self-Regulatory Organization’s determination that the plan is or may requests for financial assistance for 10 Statement of the Purpose of, and become insolvent, and a ‘‘notice of plans and will submit 300 non-initial Statutory Basis for, the Proposed Rule insolvency benefit level,’’ stating the applications for financial assistance. Change level of benefits that will be paid during The estimated annual burden of the In its filing with the Commission, the an insolvency year. The recipients of collection of information is 1,300 hours Exchange included statements these notices are PBGC, contributing and $615,400. concerning the purpose of and basis for employers, employee organizations Issued in Washington, DC. the proposed rule change and discussed representing participants, and any comments it received on the participants and beneficiaries. Hilary Duke, proposed rule change. The text of these The regulation establishes the Assistant General Counsel for Regulatory statements may be examined at the procedure for complying with these Affairs, Pension Benefit Guaranty places specified in Item IV below. The notice requirements. PBGC uses the Corporation. Exchange has prepared summaries, set information submitted to estimate cash [FR Doc. 2018–19657 Filed 9–10–18; 8:45 am] forth in sections A, B, and C below, of needs for financial assistance to BILLING CODE 7709–02–P the most significant aspects of such troubled plans. The collective statements. bargaining parties use the information to decide whether additional plan A. Self-Regulatory Organization’s contributions will be made to avoid the SECURITIES AND EXCHANGE Statement of the Purpose of, and Statutory Basis for, the Proposed Rule insolvency and consequent benefit COMMISSION suspensions. Plan participants and Change beneficiaries use the information in 1. Purpose personal financial decisions. [Release No. 34–84035; File No. SR–ISE– PBGC estimates that at most one plan 2018–76] The purpose of the proposed rule sponsor of an ongoing plan gives notices change is to permit certain affiliated each year under this regulation. The Self-Regulatory Organizations; Nasdaq market participants to aggregate volume estimated annual burden of the ISE, LLC; Notice of Filing and and qualify for various pricing collection of information is 20 hours Immediate Effectiveness of Proposed incentives. Specifically, the Exchange and $12,000. Rule Change To Amend the proposes to permit Affiliated Entities to Exchange’s Schedule of Fees To aggregate their Complex Order volume 3. Duties of Plan Sponsor Following Permit Certain Affiliated Market for purposes of calculating Priority Mass Withdrawal (29 CFR Part 4281) Participants To Aggregate Volume and Customer Rebates in Section II of the (OMB Control Number 1212–0032) Qualify for Various Pricing Incentives Schedule of Fees. (Expires November 30, 2018) Preface Section 4281 of ERISA provides rules September 5, 2018. The Exchange is proposing to add the for plans that have terminated by mass Pursuant to Section 19(b)(1) of the following new defined terms to the withdrawal. Under section 4281, if Securities Exchange Act of 1934 Preface of the Schedule of Fees, nonforfeitable benefits exceed plan (‘‘Act’’),1 and Rule 19b–4 thereunder,2 assets, the plan sponsor must amend the ‘‘Affiliated Entity,’’ ‘‘Appointed Market notice is hereby given that on August Maker,’’ ‘‘Appointed OFP,’’ and ‘‘Order plan to reduce benefits. If the plan 24, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or nevertheless becomes insolvent, the Flow Provider.’’ The Exchange also ‘‘Exchange’’) filed with the Securities proposes to alphabetize the current plan sponsor must suspend certain and Exchange Commission benefits that cannot be paid. If available definitions. (‘‘Commission’’) the proposed rule resources are inadequate to pay change as described in Items I, II, and Affiliated Entity guaranteed benefits, the plan sponsor The term ‘‘Appointed Market Maker’’ must request financial assistance from III, below, which Items have been prepared by the Exchange. The is proposed to be defined as a Market PBGC. Maker who has been appointed by an The regulation requires a plan Commission is publishing this notice to Order Flow Provider (‘‘OFP’’) for sponsor to give notices of benefit solicit comments on the proposed rule purposes of qualifying as an Affiliated reduction, notices of insolvency, and change from interested persons. Entity. An OFP is separately proposed notices of insolvency benefit level to I. Self-Regulatory Organization’s to be defined as any Member, other than PBGC and to participants and Statement of the Terms of Substance of a Market Maker, that submits orders, as beneficiaries and, if necessary, to apply the Proposed Rule Change agent or principal, to the Exchange.3 to PBGC for financial assistance. The Exchange proposes to define the PBGC uses the information it receives The Exchange proposes to amend the term ‘‘Appointed OFP’’ as an OFP who to make determinations required by Exchange’s Schedule of Fees to permit has been appointed by a Market Maker ERISA, to identify and estimate the cash certain affiliated market participants to for purposes of qualifying as an needed for financial assistance to aggregate volume and qualify for various Affiliated Entity. The Exchange terminated plans, and to verify the pricing incentives. proposes to define the term ‘‘Affiliated appropriateness of financial assistance The text of the proposed rule change Entity’’ as a relationship between an payments. Plan participants and Appointed Market Maker and an beneficiaries use the information to is available on the Exchange’s website at http://ise.cchwallstreet.com/, at the Appointed OFP for purposes of make personal financial decisions. qualifying for certain pricing as PBGC estimates that plan sponsors of principal office of the Exchange, and at specified in the Schedule of Fees. In terminated plans each year will give the Commission’s Public Reference order to become an Affiliated Entity, benefit reduction notices for 1 plan, Room. notices of insolvency for 10 plans, and 3 Market Makers shall not be considered notices of insolvency benefit level for 55 1 15 U.S.C. 78s(b)(1). Appointed OFPs for the purpose of becoming an plans. PBGC also estimates that plan 2 17 CFR 240.19b–4. Affiliated Entity.

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Market Makers and OFPs will be unless either party terminates earlier in pricing specified in the Schedule of required to send an email to the writing by sending an email 6 to the Fees, as described below. Exchange to appoint their counterpart, Exchange at least 3 business days prior Section II—Priority Customer Rebates at least 3 business days prior to the last to the last day of the month to terminate day of the month to qualify for the next for the next month. Affiliated Entity The Exchange proposes to amend month.4 For example, with this relationships must be renewed Section II, entitled ‘‘Complex Order proposal, market participants may annually. For example, if the start date Fees and Rebates’’ to permit Affiliated 5 submit emails to the Exchange to of the Affiliated Entity relationship is Entities to aggregate their Complex become Affiliated Entities to qualify for September 1, 2018, the counterparties Order volume for purposes of discounted pricing starting September 1, calculating Priority Customer Rebates. may determine to commence a new 8 2018, provided the emails are sent at relationship as of September 1, 2019 by Currently Section II pays rebates to least 3 business days prior to the first Priority Customer Complex Orders in requiring each party to send a new business day of September 2018. The Select Symbols 9 and Non-Select email by August 28, 2019 (3 business Exchange will acknowledge receipt of Symbols.10 Today, all Complex Order days prior to the end of the month). the emails and specify the date the 7 volume executed on the Exchange, Affiliated Entity would qualify for Affiliated Members may not qualify as including volume executed by Affiliated applicable pricing, as specified in the a counterparty comprising an Affiliated Members, is included in the volume Schedule of Fees. Each Affiliated Entity Entity. Each Member may qualify for calculation, except for volume executed relationship will commence on the 1st only one (1) Affiliated Entity as Crossing Orders and Responses to of a month and may not be terminated relationship at any given time. As Crossing Orders. Currently, there are prior to the end of any month. An proposed, an Affiliated Entity shall be nine Priority Customer Complex Order Affiliated Entity relationship will eligible to aggregate their volume for Tiers based on the percentage of terminate after a one (1) year period, purposes of qualifying for certain industry volume calculation:

Tier 1 ...... 0.000%–0.200% ...... ($0.25) ($0.40) Tier 2 ...... Above 0.200–0.400 ...... (0.30) (0.55) Tier 3 ...... Above 0.400–0.600 ...... (0.35) (0.70) Tier 4 ...... Above 0.600–0.750 ...... (0.40) (0.75) Tier 5 ...... Above 0.750–1.000 ...... (0.45) (0.80) Tier 6 ...... Above 1.000–1.500 ...... (0.46) (0.80) Tier 7 ...... Above 1.500–2.000 ...... (0.48) (0.80) Tier 8 ...... Above 2.000–3.250 ...... (0.50) (0.85) Tier 9 ...... Above 3.250 ...... (0.50) (0.85)

The Exchange proposes to incentivize market participants by providing more Market Maker,’’ ‘‘Appointed OFP,’’ certain Members, who are not Affiliated order flow to the marketplace and more ‘‘Order Flow Provider’’ and ‘‘Affiliated Members, to enter into an Affiliated trading opportunities. Affiliated Entity’’ is reasonable because the Entity relationship for the purpose of Members are not eligible to enter an Exchange is proposing to identify the aggregating Complex Order volume to Affiliated Entity relationship. applicable market participants that may qualify for Section II, Priority Customer qualify to aggregate volume as an Rebates. The Exchange proposes to add 2. Statutory Basis Affiliated Entity. Further the Exchange a sentence to note 16 within Section II The Exchange believes that its seeks to make clear the manner in of the Schedule of Fees to provide, proposal to amend its Schedule of Fees which Members may participate on the ‘‘Affiliated Entities may aggregate their is consistent with Section 6(b) of the Exchange as Affiliated Entities by Complex Order volume for purposes of Act,11 in general, and furthers the setting timeframes for communicating calculating Priority Customer Rebates. objectives of Section 6(b)(4) and (b)(5) of agreements among market participants The Appointed OFP would receive the the Act,12 in particular, in that it and terms of early termination. The rebate associated with the qualifying provides for the equitable allocation of Exchange also clearly states that no volume tier based on aggregated reasonable dues, fees and other charges Affiliated Member may become a volume.’’ among members and issuers and other counterparty to an Affiliated Entity. The By aggregating volume, the Affiliated persons using its facilities, and is not Exchange believes that these terms are OFP, who submits Priority Customer designed to permit unfair reasonable because Members could elect order volume, is offered an opportunity discrimination between customers, to become a counterparty to an to qualify for higher rebates, thereby issuers, brokers, or dealers. Affiliated Entity, provided they are not lowering costs and encouraging The Exchange’s proposal to amend Affiliated Members. Members to send more order flow. the Preface of the Schedule of Fees to The Exchange’s proposal to amend Priority Customer liquidity benefits all add the definitions of ‘‘Appointed the Preface of the Schedule of Fees to

4 The Exchange shall issue an Options Trader the Complex Order Book or trades with quotes and Corporation in the Customer range in equity and Alert specifying the email address and details orders on the regular order book. Customer ETF options in that month. required to apply to become an Affiliated Entity. Complex Order rebates are paid a rebate based on 9 ‘‘Select Symbols’’ are options overlying all 5 Emails shall be submitted to membership@ a percentage of industry volume. Priority Customer symbols listed on the Nasdaq ISE that are in the nasdaq.com. Complex Tiers are based on Total Affiliated Penny Pilot Program. 6 Id. Member Complex Order Volume (excluding 10 ‘‘Non-Select Symbols’’ are options overlying all 7 An ‘‘Affiliated Member’’ is a Member that shares Crossing Orders and Responses to Crossing Orders) symbols excluding Select Symbols. For Non-Select at least 75% common ownership with a particular and are calculated as a percentage of Customer Member as reflected on the Member’s Form BD, Symbols, no rebates will be paid for orders in NDX, Schedule A. See Preface to Schedule of Fees. Total Consolidated Volume. ‘‘Customer Total NQX and MNX. 8 Rebates are provided per contract per leg if the Consolidated Volume’’ means the total national 11 15 U.S.C. 78f(b). order trades with non-Priority Customer orders in volume cleared at The Options Clearing 12 15 U.S.C. 78f(b)(4), (5).

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add the definitions of ‘‘Appointed Tier 8 and $0.44 per contract for Market Section II—Priority Customer Rebates Market Maker,’’ ‘‘Appointed OFP,’’ Makers that achieve Priority Customer ‘‘Order Flow Provider’’ and ‘‘Affiliated Complex Tier 9. In terms of intra-market competition, the Exchange does not believe that its Entity’’ is equitable and not unfairly The Exchange’s proposal to permit discriminatory because all Members that proposal to permit counterparties of an Affiliated Entities to aggregate Complex Affiliated Entity to aggregate Priority are not Affiliated Members may choose Order volume for purposes of qualifying to enter into an Affiliated Entity Customer volume for purposes of Appointed OFPs for Section II Priority qualifying for Section II Priority relationship. Customer Rebates is equitable and not The Exchange also believes that it is Customer Rebates imposes an undue unfairly discriminatory because all ISE burden on intra-market competition reasonable, equitable and not unfairly Members, other than Affiliated discriminatory to alphabetize the because all ISE Members, other than Members, may elect to become an Affiliated Members, may become an definitions for ease of reference. Affiliated Entity as either an Appointed 13 Affiliated Entity as either an Appointed Section II—Priority Customer Rebates Market Maker or an Appointed OFP. Market Maker or an Appointed OFP. The Exchange’s proposal to permit Also, each Member may participate in Also, each ISE Member may participate Affiliated Entities to aggregate Complex only one Affiliated Entity relationship at in only one Affiliated Entity Order volume for purposes of qualifying a given time, which imposes a measure relationship at a given time, which Appointed OFPs for Section II Priority of exclusivity among market imposes a measure of exclusivity among Customer Rebates is reasonable because participants, allowing each party to rely market participants, allowing each party it will attract additional Priority on the other’s executed Priority to rely on the other’s executed Priority Customer order flow to the Exchange. Customer volume on ISE to receive a Customer volume on ISE to receive a Priority Customer liquidity benefits all corresponding benefit in terms of a corresponding benefit in terms of a market participants by providing more higher rebate. Any market participant higher rebate. The Exchange will apply trading opportunities, which attracts that by definition is not an Affiliated all qualifications in a uniform manner to Market Makers. An increase in the Member may elect to become a all market participants that elect to activity of these market participants in counterparty of an Affiliated Entity. become counterparties of an Affiliated turn facilitates tighter spreads, which The Exchange’s proposal to exclude Entity. Any market participant that is by may cause an additional corresponding Affiliated Members from qualifying as definition an Affiliated Member may not increase in order flow from other market an Affiliated Entity is reasonable, become a counterparty of an Affiliated participants. Appointed OFPs directing equitable and not unfairly Entity. discriminatory because Affiliated Priority Customer order flow to the Market Makers are valuable market Members may aggregate volume today Exchange may be eligible to qualify for participants that provide liquidity in the for purposes of Section II Priority a Priority Customer Rebate or a higher marketplace and incur costs that other Customer Rebates.14 Also, the Exchange Priority Customer Rebate tier, with this market participants do not incur. Market will apply all qualifications in a proposal, as a result of aggregating Makers are subject to quoting volume with an Appointed Market uniform manner when approving obligations 16 that do not apply to other Maker and thereby qualifying for higher Affiliated Entities. market participants. Incentivizing these Priority Customer Rebates. Permitting B. Self-Regulatory Organization’s market participants to execute Priority Members to aggregate volume for Statement on Burden on Competition Customer volume on ISE may result in purposes of qualifying the Appointed tighter spreads. An increase in the OFP for Section II Priority Customer The Exchange does not believe that activity of these market participants in Rebates may also encourage the the proposed rule change will impose turn facilitates tighter spreads, which counterparties that comprise the any burden on competition not may cause an additional corresponding Affiliated Entities to incentivize each necessary or appropriate in furtherance increase in order flow from other market other to attract and seek to execute more of the purposes of the Act. The participants. Appointed OFPs directing Priority Customer volume on ISE. In Exchange’s proposal to amend the turn, market participants would benefit order flow to the Exchange may be Preface of the Pricing Schedule to add eligible to qualify for a Priority from the increased liquidity with which the definitions of ‘‘Appointed Market to interact and potentially tighter Customer Rebate or a higher Priority Maker,’’ ‘‘Appointed OFP,’’ ‘‘Order Customer Rebate tier, with this spreads on orders. Overall, incentivizing Flow Provider’’ and ‘‘Affiliated Entity’’ market participants with increased proposal, as a result of aggregating does not impose an undue burden on volume with an Appointed Market opportunities to earn higher Priority competition because these definitions Customer rebates may increase the Maker and thereby qualifying for higher apply to all members and member Priority Customer Rebates. Permitting quality of the liquidity available on ISE. organizations uniformly. Alphabetizing Paying the Priority Customer Rebate Members to affiliate for purposes of the remaining definitions will provide qualifying for Section II Priority to the Affiliated OFP is consistent with ease of reference. The Exchange believes the Act because as between the Customer Rebates may also encourage that its proposal does not impose any the counterparties that comprise the Appointed Market Maker and the burden on inter-market competition Appointed OFP, the Appointed OFP Affiliated Entities to incentivize each because similar programs exist on other other to attract and seek to execute more would be submitting Priority Customer markets.15 Orders as part of its business model. Priority Customer volume on ISE. The Exchange’s proposal to exclude Appointed Market Makers do not 13 Both Members must elect each other to become typically submit such order flow. The an Affiliated Entity for one year. Participation is Affiliated Members from becoming an Appointed Market Maker does have the effected by an agreement of both parties that have Affiliated Entity does not impose and opportunity to obtain a low Market provided proper notification to the Exchange. A undue burden on intra-market party may elect to terminate the agreement at any competition because Affiliated Members Maker Taker Fee for Select Symbols of time prior to one year. $0.47 per contract as compared to $0.50 14 See Section II of the Schedule of Fees. may aggregate volume today for per contract if the Market Maker 15 The Nasdaq Options Market LLC, Nasdaq Phlx qualified for Priority Customer Complex LLC and Nasdaq BX, Inc. have similar programs. 16 See ISE Rule 804.

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purposes of qualifying for Priority communications relating to the Register on July 24, 2018.3 The Customer Rebates. proposed rule change between the Commission did not receive any Commission and any person, other than C. Self-Regulatory Organization’s comments on the Proposed Rule those that may be withheld from the Statement on Comments on the Change. public in accordance with the Proposed Rule Change Received From Section 19(b)(2) of the Act 4 provides provisions of 5 U.S.C. 552, will be Members, Participants, or Others that within 45 days of the publication of available for website viewing and notice of the filing of a proposed rule No written comments were either printing in the Commission’s Public solicited or received. Reference Room, 100 F Street NE, change, or within such longer period up to 90 days as the Commission may III. Date of Effectiveness of the Washington, DC 20549, on official business days between the hours of 10 designate if it finds such longer period Proposed Rule Change and Timing for to be appropriate and publishes its Commission Action a.m. and 3 p.m. Copies of the filing also will be available for inspection and reasons for so finding or as to which the The foregoing rule change has become copying at the principal office of the self-regulatory organization consents, effective pursuant to Section Exchange. All comments received will the Commission shall either approve the 17 19(b)(3)(A)(ii) of the Act. At any time be posted without change; the proposed rule change, disapprove the within 60 days of the filing of the Commission does not edit personal proposed rule change, or institute proposed rule change, the Commission identifying information from proceedings to determine whether the summarily may temporarily suspend submissions. You should submit only proposed rule change should be such rule change if it appears to the information that you wish to make disapproved. The 45th day after Commission that such action is: (i) available publicly. All submissions publication of the notice for the Necessary or appropriate in the public should refer to File Number SR–ISE– Proposed Rule Change is September 7, interest; (ii) for the protection of 2018–76 and should be submitted on or 2018. investors; or (iii) otherwise in before October 2, 2018. furtherance of the purposes of the Act. The Commission is extending the 45- If the Commission takes such action, the For the Commission, by the Division of day time period for Commission action Commission shall institute proceedings Trading and Markets, pursuant to delegated on the Proposed Rule Change. The authority.18 to determine whether the proposed rule Commission finds that it is appropriate should be approved or disapproved. Eduardo A. Aleman, to designate a longer period within Assistant Secretary. which to take action on the Proposed IV. Solicitation of Comments [FR Doc. 2018–19642 Filed 9–10–18; 8:45 am] Rule Change so that it has sufficient Interested persons are invited to BILLING CODE 8011–01–P time to consider and take action on the submit written data, views, and Proposed Rule Change. arguments concerning the foregoing, including whether the proposed rule SECURITIES AND EXCHANGE Accordingly, pursuant to Section 5 change is consistent with the Act. COMMISSION 19(b)(2) of the Act and for the reasons Comments may be submitted by any of stated above, the Commission the following methods: [Release No. 34–84032; File No. SR–ICC– designates October 22, 2018 as the date 2018–008] by which the Commission shall either Electronic Comments approve, disapprove, or institute • Use the Commission’s internet Self-Regulatory Organizations; ICE proceedings to determine whether to comment form (http://www.sec.gov/ Clear Credit LLC; Notice of disapprove proposed rule change SR– rules/sro.shtml); or Designation of Longer Period for ICC–2018–008. • Send an email to rule-comments@ Commission Action on Proposed Rule For the Commission, by the Division of sec.gov. Please include File Number SR– Change Relating to ICC’s Risk Trading and Markets, pursuant to delegated ISE–2018–76 on the subject line. Management Model Description authority.6 Document and ICC’s Risk Management Paper Comments Framework Eduardo A. Aleman, • Send paper comments in triplicate Assistant Secretary. to Secretary, Securities and Exchange September 5, 2018. [FR Doc. 2018–19637 Filed 9–10–18; 8:45 am] Commission, 100 F Street NE, On July 5, 2018, ICE Clear Credit LLC BILLING CODE 8011–01–P Washington, DC 20549–1090. (‘‘ICC’’) filed with the Securities and All submissions should refer to File Exchange Commission (‘‘Commission’’) Number SR–ISE–2018–76. This file a proposed rule change to transition ICC number should be included on the from a stress-based methodology to a subject line if email is used. To help the Monte Carlo-based methodology for the Commission process and review your spread-response and recovery-rate- comments more efficiently, please use sensitivity-response components of the only one method. The Commission will initial margin model (SR–ICC–2018– post all comments on the Commission’s 008) (‘‘Proposed Rule Change’’), internet website (http://www.sec.gov/ pursuant to Section 19(b)(1) of the rules/sro.shtml). Copies of the Securities Exchange Act of 1934 submission, all subsequent (‘‘Act’’) 1 and Rule 19b–4 thereunder.2 amendments, all written statements The Proposed Rule Change was 3 Securities Exchange Act Release No. 83662 (July with respect to the proposed rule published for comment in the Federal 18, 2018), 83 FR 35033 (July 24, 2018) (SR–ICC– change that are filed with the 2018–008). Commission, and all written 18 17 CFR 200.30–3(a)(12). 4 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78s(b)(2). 17 15 U.S.C. 78s(b)(3)(A)(ii). 2 17 CFR 240.19b–4. 6 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s market participants, particularly retail COMMISSION Statement of the Purpose of, and customers, have seamless access to Statutory Basis for, the Proposed Rule P.M.-settled NASDAQ–100 Index [Release No. 34–84034; File No. SR–Phlx– Change options expiring every Friday of the month. 2018–57] 1. Purpose Without the proposed amendments, a Self-Regulatory Organizations; Nasdaq The Exchange seeks to amend user of NDXP options could not roll an PHLX LLC; Notice of Filing and Exchange rules related to certain P.M.- existing NDXP position that expires on Immediate Effectiveness of Proposed settled options on the NASDAQ–100 a first or second Friday of a month into Rule Change To Move the P.M.-Settled Index which have been approved by the a NDXP position that expires on a third- Nasdaq-100 Index Options Expiring on Commission but which have not yet Friday. Thus, for NDXP users, there 3 the Third Friday of the Month to the been listed by the Exchange. Currently, would be a gap in Friday expirations. NDX Index Options Class third-Friday P.M.-settled NASDAQ–100 Changing the NDXPM symbol to NDXP Index options form a separate options would remove the gap in Friday NDXP September 5, 2018. class and, if listed by the Exchange, expirations and allow market would trade under the symbol Pursuant to Section 19(b)(1) of the participants, especially retail customers ‘‘NDXPM.’’ The Exchange now seeks to Securities Exchange Act of 1934 that are less likely to utilize both move these third-Friday P.M.-settled (‘‘Act’’),1 and Rule 19b–4 thereunder,2 NDXPM and NDXP options to maintain NASDAQ–100 Index options into the notice is hereby given that on August exposure to Friday expirations, to have NASDAQ–100 (‘‘NDX’’) options class. 27, 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or seamless access to P.M.-settled The Exchange has also recently ‘‘Exchange’’) filed with the Securities NASDAQ–100 Index options expiring received Commission approval to list and Exchange Commission (‘‘SEC’’ or every Friday of the month. nonstandard expirations of P.M.-settled ‘‘Commission’’) the proposed rule In addition, offering seamless access NASDAQ–100 Index options trading change as described in Items I, II, and to P.M.-settled NASDAQ–100 Index under the symbol ‘‘NDXP’’, also on a III, below, which Items have been options that expire every Friday of the pilot basis.4 NDXP options are series of prepared by the Exchange. The month would allow market participants the NDX options class. These NDXP Commission is publishing this notice to to submit complex orders with options options may expire on Mondays, solicit comments on the proposed rule series that expire on third-Fridays and Wednesdays, Fridays (other than third- change from interested persons. other Friday expirations. Without the Friday-of-the-month), and the last proposed amendments, market I. Self-Regulatory Organization’s trading day of the month.5 The participants would not be able to submit Statement of the Terms of Substance of proposed rule change would facilitate a into the trading system complex orders the Proposed Rule Change change to the trading symbol for P.M.- that consist of NDXPM options series settled NASDAQ–100 Index options that and NDXP options series because they The Exchange proposes to move the have standard third Friday-of-the-month are currently in separate classes.6 P.M.-settled Nasdaq-100 Index Options (‘‘third-Friday’’) expirations from Although market participants would expiring on the third Friday of the ‘‘NDXPM’’ to ‘‘NDXP.’’ have the ability to submit separate month (‘‘NDXPM’’) to the NDX index The Exchange believes moving orders to leg into a position with third- options class. In connection with the NDXPM into the NDX options class to Friday and other Friday exposure, retail move, the Exchange proposes changing trade under the NDXP symbol will have customers would be less likely to leg the trading symbol for these options no adverse impact on the marketplace. into a position. Thus, changing the from ‘‘NDXPM’’ to ‘‘NDXP’’. In fact, the Exchange believes moving NDXPM symbol to NDXP would allow The text of the proposed rule change NDXPM into the NDX options class to market participants, especially retail is available on the Exchange’s website at trade under the NDXP symbol will have customers, to submit complex orders http://nasdaqphlx.cchwallstreet.com/, a positive impact on the marketplace with options series that expire on third- at the principal office of the Exchange, and retail customers in particular. Fridays and other Fridays. and at the Commission’s Public As previously noted, in addition to As previously noted, the Exchange Reference Room. end-of-the-month expirations, NDXP does not believe moving NDXPM into options are P.M.-settled NASDAQ–100 the NDX options class and changing the II. Self-Regulatory Organization’s Index options that may expire on NDXPM symbol to NDXP will have any Statement of the Purpose of, and Mondays, Wednesdays, and Fridays adverse impact on market participants. Statutory Basis for, the Proposed Rule (other than third-Friday-of-the-month) Because the Exchange has not yet listed Change (i.e., nonstandard weekly expirations NDXPM, and because Exchange Rules pursuant to Rule 1101A(b)(vii)). Trading In its filing with the Commission, the and systems will treat NDXPM and P.M.-settled third-Friday expirations Exchange included statements NDXP the same (other than having under the NDXP symbol will ensure concerning the purpose of and basis for separate pilot programs and listing schedules), the Exchange expects a the proposed rule change and discussed 3 See Securities Exchange Act Release No. 81293 any comments it received on the (August 2, 2017), 82 FR 37138 (August 8, 2017) smooth transition of NDXPM series to proposed rule change. The text of these (approving SR–Phlx–2017–04). the NDXP symbol. statements may be examined at the 4 See Securities Exchange Act Release No. 82341 places specified in Item IV below. The (December 15, 2017), 82 FR 60651 (December 21, 6 See Rule 1098, Complex Orders on the System, 2017) (SR–Phlx–2017–79). In its proposed rule Section (a)(i) which provides that for purposes of Exchange has prepared summaries, set change to adopt a nonstandard expirations pilot the electronic trading of Complex Orders, a forth in sections A, B, and C below, of program, the Exchange noted that it anticipated Complex Order is an order involving the the most significant aspects of such filing a proposed rule change in the near future to simultaneous purchase and/or sale of two or more statements. move the NDXPM index options with standard different options series in the same underlying third Friday of the month expiration dates to the security, priced as a net debit or credit based on the NDX index option class. relative prices of the individual components, for the 1 15 U.S.C. 78s(b)(1). 5 See Rule 1101A(b)(vii), Nonstandard same account, for the purpose of executing a 2 17 CFR 240.19b–4. Expirations Pilot Program. particular investment strategy.

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Position Limits/Reporting Requirements in particular, in that it is designed to C. Self-Regulatory Organization’s In addition, since third-Friday P.M.- promote just and equitable principles of Statement on Comments on the settled options trading under the NDXP trade, to remove impediments to and Proposed Rule Change Received From symbol will be a new type of series perfect the mechanism of a free and Members, Participants, or Others under the NDX options class and not a open market and a national market No written comments were either new options class, all third-Friday P.M.- system, and, in general to protect solicited or received. settled NDXP options will be aggregated investors and the public interest. together with all other standard Additionally, the Exchange believes the III. Date of Effectiveness of the Proposed Rule Change and Timing for expirations for applicable reporting and proposed rule change is consistent with Commission Action other requirements.7 The Exchange the Section 6(b)(5) 12 requirement that therefore proposes to delete language in the rules of an exchange not be designed Because the foregoing proposed rule Rules 1079, FLEX Index, Equity and to permit unfair discrimination between change does not: (i) Significantly affect Currency Options and 1001A, Position customers, issuers, brokers, or dealers. the protection of investors or the public Limits, dealing with position limits for interest; (ii) impose any significant NDXPM options specifically. In particular, the Exchange believes burden on competition; and (iii) become trading P.M.-settled third-Friday operative for 30 days from the date on Pilot Reports expirations under the NDXP symbol which it was filed, or such shorter time Third-Friday P.M.-settled NASDAQ– rather than the separate NDXPM symbol as the Commission may designate, it has 100 Index options are currently will ensure market participants, become effective pursuant to Section approved to be listed on a pilot basis.8 particularly retail customers, have 19(b)(3)(A)(iii) of the Act 13 and After implementation of the proposed seamless access to P.M.-settled subparagraph (f)(6) of Rule 19b–4 amendments, the pilot would continue NASDAQ–100 Index options expiring thereunder.14 under the same terms that originally every Friday of the month, which helps At any time within 60 days of the established the pilot. As part of the to remove impediments to and perfect filing of the proposed rule change, the pilot, the Exchange would submit the mechanism of a free and open Commission summarily may periodic reports and annual reports that market. The Exchange believes the temporarily suspend such rule change if analyze the market impact and trading proposed rule change will help to it appears to the Commission that such patterns of third-Friday P.M.-settled protect investors and the public interest action is: (i) Necessary or appropriate in NASDAQ–100 Index options. The by allowing market participants to enter the public interest; (ii) for the protection reports would provide the same data options positions with the same of investors; or (iii) otherwise in and analysis for third-Friday P.M.- underlying in one symbol that spans furtherance of the purposes of the Act. settled NASDAQ–100 Index options every Friday expiration in a month, thus If the Commission takes such action, the trading under symbol NDXP that would providing a more efficient way to gain Commission shall institute proceedings have been submitted for third-Friday to determine whether the proposed rule exposure and hedge risk. P.M.-settled NASDAQ–100 Index should be approved or disapproved. options trading under symbol NDXPM B. Self-Regulatory Organization’s IV. Solicitation of Comments had they been listed. Statement on Burden on Competition Interested persons are invited to Implementation Date The Exchange does not believe that submit written data, views, and The Exchange intends to change the the proposed rule change will impose arguments concerning the foregoing, NDXPM symbol to NDXP prior to its any burden on competition not including whether the proposed rule listing. The Exchange does not intend to necessary or appropriate in furtherance change is consistent with the Act. list NDXPM as a separate class. of the purposes of the Act. The Comments may be submitted by any of Consistent with the original NDXPM Exchange does not believe the rule the following methods: approval order, the pilot for listing change will impose a burden on third-Friday P.M.-settled NASDAQ–100 Electronic Comments intramarket competition because all • Index options trading under symbol market participants will continue to Use the Commission’s internet comment form (http://www.sec.gov/ NDXP would terminate on December 29, have access to P.M.-settled NASDAQ– 2018.9 rules/sro.shtml); or 100 Index options expiring every Friday • Send an email to rule-comments@ 2. Statutory Basis of the month and will be able to trade sec.gov. Please include File Number SR– The Exchange believes that its them under the NDXP symbol. The Phlx–2018–57 on the subject line. proposal is consistent with Section 6(b) proposal will not impose a burden on of the Act,10 in general, and furthers the intermarket competition because the Paper Comments objectives of Section 6(b)(5) of the Act,11 options affected by this proposal are • Send paper comments in triplicate exclusive to the Exchange. to Secretary, Securities and Exchange 7 See e.g., Rule 1001A(c) which sets forth the Additionally, the Exchange does not Commission, 100 F Street NE, reporting requirements for certain broad-based Washington, DC 20549–1090. indexes that do not have position limits. believe the proposal will impose any 8 See Rule 1101A Commentary .05 and Securities burden on intermarket competition as All submissions should refer to File Exchange Act Release No. 81293 (August 2, 2017), market participants on other exchanges Number SR–Phlx–2018–57. This file 82 FR 37138 (August 8, 2017) (approving SR–Phlx– are welcome to become members and 2017–04). 13 trade at Phlx if they determine that this 15 U.S.C. 78s(b)(3)(A)(iii). 9 The NDXPM approval order provided for 14 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– termination of the pilot on the earlier to occur of proposed rule change has made Phlx 4(f)(6) requires a self-regulatory organization to give (i) 12 months following the date of the first listing more attractive or favorable. the Commission written notice of its intent to file of the options, or (ii) December 29, 2018. Since the proposed rule change at least five business days fewer than 12 months now remain in 2018, the pilot prior to the date of filing of the proposed rule will terminate on December 29, 2018. change, or such shorter time as designated by the 10 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this 11 15 U.S.C. 78f(b)(5). 12 Id. requirement.

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number should be included on the and Exchange Commission two existing Complex Order price subject line if email is used. To help the (‘‘Commission’’), pursuant to Section protections, the debit/credit check and Commission process and review your 19(b)(1) of the Securities Exchange Act the maximum price protection, to the comments more efficiently, please use of 1934 (‘‘Act’’) 1 and Rule 19b–4 proposed Complex Customer Cross and only one method. The Commission will thereunder,2 a proposed rule change to Complex QCC Orders.9 post all comments on the Commission’s adopt rules governing the trading of Proposed BOX Rule 7110(c)(7) internet website (http://www.sec.gov/ Complex Qualified Contingent Cross provides that a Complex Customer Cross rules/sro.shtml). Copies of the Orders (‘‘QCC’’) and Complex Customer order will be executed automatically submission, all subsequent Cross Orders. The proposed rule change upon entry provided that the execution amendments, all written statements was published for comment in the (i) is at least $0.01 better than (inside) with respect to the proposed rule Federal Register on June 8, 2018.3 On the cBBO 10 and any Public Customer change that are filed with the July 16, 2018, pursuant to Section Complex Order on the Complex Order Commission, and all written 19(b)(2) of the Act,4 the Commission Book; (ii) is at or better than any non- communications relating to the designated a longer period within which Public Customer Complex Order on the proposed rule change between the to approve the proposed rule change, Complex Order Book; and (iii) is at or Commission and any person, other than disapprove the proposed rule change, or between the cNBBO.11 The system will those that may be withheld from the institute proceedings to determine reject a Complex Customer Cross Order public in accordance with the whether to approve or disapprove the if, at the time of receipt of the Complex provisions of 5 U.S.C. 552, will be proposed rule change.5 The Commission Customer Cross Order: (i) The strategy is available for website viewing and has received no comment letters subject to an ongoing auction (including printing in the Commission’s Public regarding the proposed rule change. the COPIP, Facilitation, and Solicitation Reference Room, 100 F Street NE, This order institutes proceedings auctions); or (ii) there is an exposed Washington, DC 20549, on official pursuant to Section 19(b)(2)(B) of the order on the strategy pursuant to BOX business days between the hours of 10 Act 6 to determine whether to approve Rule 7240(b)(3)(B).12 Complex Customer a.m. and 3 p.m. Copies of the filing also or disapprove the proposed rule change. Cross Orders will be cancelled will be available for inspection and automatically if they cannot be II. Description of the Proposal copying at the principal office of the executed, and Complex Customer Cross Exchange. All comments received will BOX has proposed to adopt rules Orders may only be entered in the be posted without change. Persons governing the trading of Complex minimum trading increments applicable submitting comments are cautioned that Customer Cross Orders 7 and Complex to Complex Orders under BOX Rule we do not redact or edit personal QCC Orders.8 The proposal also applies 7240(b)(1).13 BOX proposes to apply identifying information from comment BOX IM–7140–1 to the entry and submissions. You should submit only 1 15 U.S.C. 78s(b)(1). execution of Complex Customer Cross information that you wish to make 2 17 CFR 240.19b–4. Orders.14 3 See Securities Exchange Act Release No. 83367 available publicly. All submissions (June 4, 2018), 83 FR 26719 (‘‘Notice’’). should refer to File Number SR–Phlx– 4 15 U.S.C. 78s(b)(2). prior existing position) as a result of other components of the contingent trade. See BOX IM– 2018–57 and should be submitted on or 5 See Securities Exchange Act Release No. 83647, 7110–2. See Notice, supra note 3, for additional 83 FR 34635 (July 20, 2018). The Commission before October 2, 2018. description of the proposed rule change, including designated September 6, 2018, as the date by which examples demonstrating the operation of the For the Commission, by the Division of the Commission shall approve or disapprove, or proposed Complex Customer Cross and Complex Trading and Markets, pursuant to delegated institute proceedings to determine whether to QCC Orders. authority.15 approve or disapprove, the proposed rule change. 9 See proposed BOX IM–7240–1(a)(5) and (b)(5). Eduardo A. Aleman, 6 15 U.S.C. 78s(b)(2)(B). 10 The cBBO is the best net bid and offer price 7 A Complex Customer Cross Order is comprised Assistant Secretary. for a Complex Order Strategy based on the BBO on of one Public Customer Complex Order to buy and [FR Doc. 2018–19641 Filed 9–10–18; 8:45 am] one Public Customer Complex Order to sell at the the BOX Book for the individual options components of the Strategy. See BOX Rule BILLING CODE 8011–01–P same price and for the same quantity. See proposed BOX Rule 7240(b)(4)(iii). 7240(a)(1). The BOX Book is the electronic book of orders on each single option series maintained by 8 A Complex QCC Order is comprised of an the BOX Trading Host. See BOX Rule 100(a)(10). originating Complex Order to buy or sell where SECURITIES AND EXCHANGE 11 each component is at least 1,000 contracts that is The cNBBO is the best net bid and offer price COMMISSION identified as being part of a qualified contingent for a Complex Order Strategy based on the NBBO for the individual options components of the [Release No. 34–84031; File No. SR–BOX– trade, as defined in IM–7110–2, coupled with a contra-side Complex Order or orders totaling an Strategy. See BOX Rule 7240(a)(3). 2018–14] equal number of contracts. See proposed BOX Rule 12 See proposed BOX Rule 7110(c)(7). 7240(b)(4)(iv). A ‘‘qualified contingent trade’’ is a 13 See proposed BOX Rule 7110(c)(7)(i) and (ii). Self-Regulatory Organizations; BOX transaction consisting of two or more component 14 See proposed BOX Rule 7110(c)(7)(iii). BOX Options Exchange LLC; Order orders, executed as agent or principal, where: (1) At IM–7140–1 provides: ‘‘[BOX Rule 7140(b)] prevents Instituting Proceedings To Determine least one component is an NMS Stock, as defined an Options Participant executing agency orders to in Rule 600 of Regulation NMS under the Exchange increase its economic gain from trading against the Whether To Approve or Disapprove a Act; (2) all components are effected with a product order without first giving other trading interest on Proposed Rule Change To Adopt Rules or price contingency that either has been agreed to BOX an opportunity to trade with the agency order Governing the Trading of Complex by all the respective counterparties or arranged for pursuant to Rule 7150 (Price Improvement Period), Qualified Contingent Cross Orders and by a broker-dealer as principal or agent; (3) the Rule 7245 (Complex Order Price Improvement execution of one component is contingent upon the Period) or Rule 7270 (Block Trades). However, the Complex Customer Cross Orders execution of all other components at or near the Exchange recognizes that it may be possible for an same time; (4) the specific relationship between the Options Participant to establish a relationship with September 5, 2018. component orders (e.g., the spread between the a Customer or other person (including affiliates) to I. Introduction prices of the component orders) is determined by deny agency orders the opportunity to interact on the time the contingent order is placed; (5) the BOX and to realize similar economic benefits as it On May 22, 2018, BOX Options component orders bear a derivative relationship to would achieve by executing agency orders as Exchange LLC (‘‘BOX’’ or the one another, represent different classes of shares of principal. It will be a violation of [BOX Rule the same issuer, or involve the securities of 7140(b)] for an Options Participant to circumvent ‘‘Exchange’’) filed with the Securities participants in mergers or with intentions to merge [BOX Rule 7140(b)] by providing an opportunity for that have been announced or cancelled; and (6) the a Customer or other person (including affiliates) to 15 17 CFR 200.30–3(a)(12). transaction is fully hedged (without regard to any Continued

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BOX also proposes to adopt rules than resting non-Public Customer executed automatically upon entry. The governing Complex QCC Orders. Complex Orders.20 Commission is concerned that Public Customers’ inability to participate in a Proposed BOX Rule 7110(c)(8) provides III. Proceedings To Determine Whether Complex QCC transaction, and the that a Complex QCC Orders will be To Approve or Disapprove SR–BOX– ability of Complex QCC Orders to trade automatically executed upon entry 2018–14 and Grounds for Disapproval ahead of resting Public Customer provided that the execution (i) is not at Under Consideration the same price as a Public Customer interest at the same price, would unduly Complex Order; (ii) is at least $0.01 The Commission is instituting disadvantage resting Public Customer proceedings pursuant to Section interest on the BOX Book. better than (inside) the cBBO; (iii) is at 21 or better than any non-Public Customer 19(b)(2)(B) of the Act to determine The Commission is instituting Complex on the Complex Order Book; whether the proposed rule change proceedings to allow for additional should be approved or disapproved. and (iv) each option leg executes at or analysis of, and input from commenters Institution of proceedings is appropriate between the NBBO. The system will with respect to, the consistency of the at this time in view of the legal and reject a Complex QCC Order if, at the proposal with Sections 6(b)(5) 24 and policy issues raised by the proposal, as time of receipt of the Complex QCC 6(b)(8) 25 of the Act. Section 6(b)(5) of discussed below. Institution of Order, the strategy is subject to an the Act requires that the rules of a proceedings does not indicate that the ongoing auction (including COPIP, national securities exchange be Commission has reached any designed, among other things, to Facilitation, and Solicitation auctions) conclusions with respect to any of the or there is an exposed order on the promote just and equitable principles of issues involved. Rather, as described trade, to remove impediments to and strategy pursuant to BOX Rule below, the Commission seeks and 15 perfect the mechanism of a free and 7240(b)(3)(B). Complex QCC Orders encourages interested persons to will be automatically cancelled if they open market and a national market provide additional comment on the system and, in general, to protect cannot be executed, and Complex QCC proposed rule change. Orders may only be entered in the investors and the public interest, and Pursuant to Section 19(b)(2)(B) of the not be designed to permit unfair minimum trading increments applicable 22 Act, the Commission is providing discrimination between customers, to Complex Orders under BOX Rule notice of the grounds for disapproval 7240(b)(1).16 issuers, brokers, or dealers. Section under consideration. BOX proposes to 6(b)(8) of the Act requires that the rules BOX acknowledges that, unlike the allow Complex QCC Orders to be of a national securities exchange not rules of the Miami International automatically executed upon entry impose any burden on competition that Securities Exchange, LLC (‘‘MIAX’’), provided that the execution (i) is not at is not necessary or appropriate in BOX’s proposed rules will not require the same price as a Public Customer furtherance of the purposes of the Act. that each component leg of a Complex Complex Order; (ii) is at least $0.01 QCC Order execute at a price that is better than (inside) the cBBO; (iii) is at IV. Procedure: Request for Written better than Public Customer Orders on or better than any non-Public Customer Comments the BOX Book.17 Thus, BOX’s proposed Complex Order on the Complex Order The Commission requests that rule does not provide the same price Book; and (iv) each option leg executes interested persons provide written protection for Public Customers as at or between the NBBO. As discussed submissions of their data, views, and MIAX’s Complex QCC rule.18 BOX above, BOX’s proposed rules do not arguments with respect to the issues notes, however, that its proposed require that each component options leg identified above, as well as any other requirement that a Complex QCC Order of a Complex QCC Order execute at a concerns they may have with the execute at a price that is at least $0.01 price that is better than resting Public proposal. In particular, the Commission better than the cBBO is consistent with Customer interest on the BOX Book. invites the written views of interested Thus, under BOX’s proposal, if there is BOX’s general approach to Complex persons concerning whether the customer interest on the BOX Book at Orders and that this approach respects proposed rule change is consistent with the best bid or offer on each component all interest on the regular Book, not just Section 6(b)(5), 6(b)(8), or any other leg of a Complex QCC Order, the the interest of Public Customers, thereby provisions of the Act, or rules and Complex QCC Order would be able to providing a level of protection to all regulations thereunder. Although there trade ahead of resting customer interest Participants.19 BOX further notes that its does not appear to be any issues at the same price on one or more legs relevant to approval or disapproval proposal respects resting Complex of the Complex QCC Order. The Order interest by requiring a Complex which would be facilitated by an oral Commission is concerned about presentation of data, views, and QCC Order to execute at a price that is allowing Complex QCC Orders to better than resting Public Customer arguments, the Commission will execute as a ‘‘clean’’ cross ahead of consider, pursuant to Rule 19b–4 under Complex Orders and the same or better resting Public Customer interest on the the Act,26 any request for an BOX Book. The Commission notes that, opportunity to make an oral execute against agency orders handled by the unlike in BOX’s Complex Order Price Options Participant immediately upon their entry presentation.27 into the Trading Host.’’ Improvement Period, Facilitation 23 15 See proposed BOX Rule 7110(c)(8). Auction, and Solicitation Auction, 24 15 U.S.C. 78f(b)(5). 16 See proposed BOX Rules 7110(c)(8)(i) and (ii). Public Customer interest on the BOX 25 15 U.S.C. 78f(b)(8). 17 See Notice, 83 FR at 26722. MIAX Rule Book would not have an opportunity to 26 17 CFR 240.19b–4. 515(h)(4) provides that Complex Qualified trade with a Complex QCC Order 27 Section 19(b)(2) of the Act, as amended by the Contingent Cross Orders (‘‘cQCC Orders’’) are because Complex QCC Orders would be Securities Acts Amendments of 1975, Public Law automatically executed upon entry provided that, 94–29 (June 4, 1975), grants to the Commission with respect to each option leg of the cQCC Order, flexibility to determine what type of proceeding— 20 the execution (i) is not at the same price as a See id. and proposed BOX Rule 7110(c)(8). either oral or notice and opportunity for written Priority Customer Order on the Exchange’s Book; 21 15 U.S.C. 78s(b)(2)(B). comments—is appropriate for consideration of a and (ii) is at or between the NBBO. 22 Id. particular proposal by a self-regulatory 18 See supra note 17. 23 See BOX Rule 7245, IM–7270–7, and IM– organization. See Securities Acts Amendments of 19 See Notice, 83 FR at 26722. 7270–8. 1975, Senate Comm. on Banking, Housing & Urban

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Interested persons are invited to information that you wish to make Dated: September 6, 2018. submit written data, views, and available publicly. All submissions Brent J. Fields, arguments regarding whether the should refer to File No. SR–BOX–2018– Secretary. proposed rule change should be 14 and should be submitted by October [FR Doc. 2018–19791 Filed 9–7–18; 11:15 am] approved or disapproved by October 2, 2, 2018. Rebuttal comments should be BILLING CODE 8011–01–P 2018. Any person who wishes to file a submitted by October 16, 2018. rebuttal to any other person’s For the Commission, by the Division of submission must file that rebuttal by Trading and Markets, pursuant to delegated SECURITIES AND EXCHANGE October 16, 2018. The Commission asks authority.28 COMMISSION that commenters address the sufficiency Eduardo A. Aleman, and merit of the Exchange’s statements [Release No. 34–84033; File No. SR–ICEEU– Assistant Secretary. 2018–009] in support of the proposal, in addition to any other comments they may wish [FR Doc. 2018–19639 Filed 9–10–18; 8:45 am] BILLING CODE 8011–01–P Self-Regulatory Organizations; ICE to submit about the proposed rule Clear Europe Limited; Order Approving change. Proposed Rule Change Relating to Comments may be submitted by any SECURITIES AND EXCHANGE Amendments to the ICE Clear Europe of the following methods: COMMISSION CDS End-of-Day Price Discovery Electronic Comments Policy (‘‘Price Discovery Policy’’) Sunshine Act Meetings • Use the Commission’s internet September 5, 2018. comment form (http://www.sec.gov/ TIME AND DATE: 2:00 p.m. on Thursday, rules/sro.shtml); or I. Introduction September 13, 2018. • Send an email to rule-comments@ On July 11, 2018, ICE Clear Europe sec.gov. Please include File No. SR– PLACE: Closed Commission Hearing, Limited (‘‘ICE Clear Europe’’) filed with BOX–2018–14 on the subject line. Room 10800. the Securities and Exchange Commission (‘‘Commission’’), pursuant Paper Comments STATUS: This meeting will be closed to the public. to Section 19(b)(1) of the Securities • Send paper comments in triplicate Exchange Act of 1934 (‘‘Act’’),1 and MATTERS TO BE CONSIDERED: to Secretary, Securities and Exchange Rule 19b–4 thereunder,2 a proposed rule Commissioners, Counsel to the Commission, 100 F Street NE, change (SR–ICEEU–2018–009) to revise Commissioners, the Secretary to the Washington, DC 20549–1090. ICE Clear Europe’s CDS End-of-Day Commission, and recording secretaries All submissions should refer to File No. Price Discovery Policy (‘‘Price Discovery will attend the closed meeting. Certain SR–BOX–2018–14. The file number Policy’’) related to the bid-offer width staff members who have an interest in should be included on the subject line (‘‘BOW’’) methodology for pricing the matters also may be present. if email is used. To help the single-name credit default swap Commission process and review your The General Counsel of the (‘‘CDS’’) instruments.3 The proposed comments more efficiently, please use Commission, or his designee, has rule change was published for comment only one method. The Commission will certified that, in his opinion, one or in the Federal Register on July 24, post all comments on the Commission’s more of the exemptions set forth in 5 2018.4 The Commission did not receive internet website (http://www.sec.gov/ U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) comments on the proposed rule change. rules/sro.shtml). Copies of the and (10) and 17 CFR 200.402(a)(3), For the reasons discussed below, the submission, all subsequent (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and Commission is approving the proposed amendments, all written statements (a)(10), permit consideration of the rule change. with respect to the proposed rule scheduled matters at the closed meeting. change that are filed with the Commissioner Peirce, as duty officer, II. Description of the Proposed Rule Commission, and all written voted to consider the items listed for the Change communications relating to the closed meeting in closed session. Currently, ICE Clear Europe uses end- proposed rule change between the The subject matters of the closed of-day (‘‘EOD’’) price levels for risk Commission and any person, other than meeting will be: management purposes.5 Each business those that may be withheld from the Institution and settlement of day, ICE Clear Europe determines EOD public in accordance with the injunctive actions; prices in accordance with its Price provisions of 5 U.S.C. 552, will be Institution and settlement of Discovery Policy.6 Specifically, ICE available for website viewing and administrative proceedings; 1 printing in the Commission’s Public Resolution of litigation claims; and 15 U.S.C. 78s(b)(1). Reference Room, 100 F Street NE, 2 17 CFR 240.19b–4. Other matters relating to enforcement 3 Washington, DC 20549, on official The Price Discovery Policy uses the term proceedings. ‘‘instrument’’ to refer to the complete set of business days between the hours of 10 At times, changes in Commission contractual terms that affect the value of a CDS a.m. and 3 p.m. Copies of the filing also contract. For single-name CDS contracts, these priorities require alterations in the will be available for inspection and terms include the reference entity, currency, debt scheduling of meeting items. copying at the principal office of the tier, document clause, coupon, and scheduled CONTACT PERSON FOR MORE INFORMATION: termination date. Exchange. All comments received will 4 Securities Exchange Act Release No. 34–83665 be posted without change. Persons For further information and to ascertain (July 18, 2018), 83 FR 35048 (July 24, 2018) (SR– submitting comments are cautioned that what, if any, matters have been added, ICEEU–2018–009) (‘‘Notice’’). we do not redact or edit personal deleted or postponed; please contact 5 Capitalized terms used herein but not otherwise identifying information from comment Brent J. Fields from the Office of the defined have the meaning set forth in the ICE Clear Europe Clearing Rules, which is available at https:// submissions. You should submit only Secretary at (202) 551–5400. www.theice.com/publicdocs/clear_europe/ rulebooks/rules/Clearing_Rules.pdf, or in the Price Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 28 17 CFR 200.30–3(a)(12); 17 CFR 200.30– Discovery Policy. (1975). 3(a)(57). 6 Notice, 83 FR at 35049.

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Clear Europe uses BOWs to determine BOW for each benchmark instrument, as ICE Clear Europe would also apply a these EOD price levels.7 The BOW is compared to how Ice Clear Europe variability factor, which would be an intended to estimate the bid-offer width currently only computes a consensus additional scaling factor to widen the for the market available for each BOW for the most actively traded BOW to account for volatile or fast- clearing-eligible instrument at a instrument.13 Likewise, rather than moving market conditions.24 The specified time on each business day.8 deriving consensus BOWs only from variability factor would be designed to The BOWs are then used in ICE Clear intraday quotes, ICE Clear Europe reflect observed variability levels in Europe’s price discovery process as would compute consensus BOWs as a intraday quotes.25 ICE Clear Europe inputs in the determination of EOD price-based floor plus a fraction of the would determine the amount of the levels and other risk management single-name CDS instrument’s currently variability factor on the basis of a matters.9 observed level (based on the average of market proxy variability band ICE Clear Europe derives BOWs for price-space levels submitted by CDS (numbering 0–3).26 ICE Clear Europe single-name CDS instruments based on Clearing Members as part of the EOD would assign a single-name instrument observed intraday spread-quotes for the price discovery process).14 ICE Clear to a market proxy variability band based most actively traded instrument Europe would continue to apply various on the instrument’s market-proxy group, (‘‘MATI’’) across the term structure and factors to the most actively traded as determined by ICE Clear Europe. ICE cleared coupons (otherwise known as instrument’s consensus BOW to reflect Clear Europe may apply a similar ‘‘consensus BOW’’).10 ICE Clear Europe differences in liquidity at longer and variability factor under the current calculates the consensus BOW for each shorter maturities and at higher and approach on a discretionary basis.27 relevant CDS instrument based on lower coupons.15 The proposed rule After applying this variability factor, specified averages of the quotes change would also extend the ICE Clear Europe would arrive at the provided by CDS Clearing Members. ICE application of price-based BOW floors final systematic EOD BOW based on the Clear Europe adjusts consensus BOWs from the 0/3-month, 6-month and 1-year applicable variability band.28 by a ‘‘scrape factor’’ to reflect benchmark tenors to the entire set of Second, ICE Clear Europe would differences between the BOWs provided benchmark tenors.16 determine the final EOD BOW as the by clearing members in intraday quotes ICE Clear Europe would then apply greater of a single-name CDS and BOWs achieved in the market.11 ICE scaling factors to the consensus instrument’s final systematic EOD BOW, Clear Europe also applies various other BOWs.17 The amended Price Discovery and a BOW established for the instrument based on the dispersion of adjustments to the consensus BOWs to Policy would refer to the BOWs, after price-based EOD submissions by CDS reflect differences in instrument application of scaling factors, as Clearing Members for the given liquidity at longer and shorter ‘‘systematic BOWs’’. 18 The scaling maturities, and at higher and lower instrument (such BOW the ‘‘dynamic factors would reflect differences in 29 12 BOW’’). coupons. Moreover, ICE Clear Europe instrument liquidity at longer and currently uses the ISDA CDS Standard Third, the proposed rule change shorter maturities, and at higher and would eliminate the use of the ISDA Model to convert price submissions for 19 lower coupons. To determine CDS Standard Model from the single-name CDS instruments from the systematic BOWs for each benchmark form of a yearly premium of a CDS in computation of BOWs for single-name instrument at the most actively traded CDS instruments. As ICE Clear Europe basis points, per amount insured coupon (‘‘MATC’’), ICE Clear Europe (‘‘spread’’) to price submissions in the would now accept price submissions for would apply scaling factors based upon single-name CDS instruments only in form of an upfront payment as a the remaining time left in the CDS percentage of a fixed premium (‘‘price price terms, ICE Clear Europe would no (‘‘tenor scaling’’) to the corresponding longer need the ISDA CDS Standard terms’’). 20 consensus BOWs. The tenor scaling Model to compute single-name BOWs.30 The proposed rule change would factors would reflect the BOW of each enhance the methodology ICE Clear ICE Clear Europe would continue to use tenor relative to the BOW of the most the ISDA CDS Standard Model for Europe uses to determine BOWs for 21 actively traded tenor. ICE Clear certain other purposes in which it may single-name instruments by amending Europe would determine systematic the Price Discovery Policy to (1) need to convert between spread and BOWs for each benchmark instrument at price terms, however, and therefore the compute a consensus BOW for each other coupons by applying a benchmark single-name instrument; (2) proposed rule change would retain combination of tenor scaling factors and references to the model in the revised determine the final EOD BOW as the coupon scaling factors to the Price Discovery Policy.31 Similarly, greater of an instrument’s final 22 corresponding consensus BOWs. because ICE Clear Europe would now systematic BOW and a dynamic BOW; Coupon scaling factors would adjust the accept price submissions for single- (3) eliminate the use of the ISDA CDS BOW to reflect decreased market name CDS instruments only in price Standard Model from the computation activity at coupons larger or smaller terms, the proposed rule change would of BOWs for single-name instruments; than the MATC, and accordingly would remove the requirement for ICE Clear and (4) update associated governance produce a wider BOW for such coupons Europe to provide single-name BOWs in provisions. 23 as compared to the MATC. spread terms.32 First, the proposed rule change would Finally, the proposed rule change compute a consensus BOW for each 13 Id. would revise the governance provisions benchmark single-name CDS 14 Notice, 83 FR at 35049. instrument. Specifically, Ice Clear 15 Id. 24 Id. Europe would compute a consensus 16 Id. 25 Id. 17 Id. 26 Id. 7 Id. 18 Id. 27 Id. 8 Id. 19 Id. 28 Id. 9 Id. 20 Id. 29 Notice, 83 FR at 35049. 10 Id. 21 Id. 30 Id. 11 Id. 22 Notice, 83 FR at 35049. 31 Notice, 83 FR at 35049 n.4. 12 Notice, 83 FR at 35049. 23 Id. 32 Notice, 83 FR at 35049.

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of the Price Discovery Policy. Under the Taken as a whole, the Commission price input to ICE Clear Europe’s margin revisions, and consistent with the believes the proposed rule change system and thereby improving the amendments to the methodology would enhance ICE Clear Europe’s operation and effectiveness of such described above, ICE Clear Europe’s ability to determine the EOD BOW for margin system, would help promote the clearing risk department, in single-name CDS instruments. The prompt and accurate clearance and consultation with the trading advisory Commission believes the proposed rule settlement of securities transactions. committee, would establish the change would permit ICE Clear Europe Similarly, given that mismanagement parameters used in the EOD price to determine BOWs more consistently of ICE Clear Europe’s credit exposures discovery process.33 ICE Clear Europe’s across single-name instruments on all to its Clearing Members and the risks clearing risk department would also be reference entities, including those for associated with clearing security based responsible for determining the price- which only sparse intraday data is swap-related portfolios could cause ICE based floors and scaling factors used to available, by computing a consensus Clear Europe to realize losses on such establish BOWs.34 BOW for each benchmark single-name portfolios and threaten ICE Clear instrument. In addition, by extending Europe’s ability to operate, thereby III. Discussion and Commission threatening access to securities and Findings the application of price-based BOW floors to the entire set of benchmark funds in ICE Clear Europe’s control, the Section 19(b)(2)(C) of the Act directs tenors instead of solely the 0/3 month, Commission believes that the proposed the Commission to approve a proposed 6 month, and 1-year benchmark tenors, rule change would help assure the rule change of a self-regulatory the Commission believes that ICE Clear safeguarding of securities and funds organization if it finds that such Europe would be able to more which are in the custody or control of proposed rule change is consistent with consistently compute the EOD BOW for ICE Clear Europe or for which it is the requirements of the Act and the a wider range of single-name CDS responsible. Finally, for both of these rules and regulations thereunder reasons, the Commission believes the 35 instruments. Moreover, the Commission applicable to such organization. For believes that the adoption of a new proposed rule change is consistent with the reasons given below, the dynamic BOW would help the BOW to protecting investors and the public Commission finds that the proposed better reflect current market conditions interest. rule change is consistent with Section Therefore, the Commission finds that 36 given that the dynamic BOW would 17A(b)(3)(F) of the Act, and Rules widen BOWs in response to the the proposed rule change would 17Ad–22(e)(2)(i), (e)(6)(ii), and (e)(6)(iv) observed dispersion of price-space promote the prompt and accurate thereunder.37 levels submitted in the EOD price clearance and settlement of securities A. Consistency With Section discovery process. Finally, the transactions, assure the safeguarding of 17A(b)(3)(F) of the Act Commission believes that updating the securities and funds in ICE Clear associated governance provisions would Europe’s custody and control, and, in Section 17A(b)(3)(F) of the Act general, protect investors and the public requires, among other things, that the help ensure that the EOD price discovery process remains effective by interest, consistent with the Section rules of ICE Clear Europe be designed to 17A(b)(3)(F) of the Act.39 promote the prompt and accurate making clear the responsibilities for clearance and settlement of securities establishing the parameters, price-based B. Consistency With Rule 17Ad– transactions and, to the extent floors, and scaling factors used in the 22(e)(2)(i) applicable, derivative agreements, EOD price discovery process. Rule 17Ad–22(e)(2)(i) requires that contracts, and transactions, as well as to Consequently, the Commission ICE Clear Europe establish, implement, assure the safeguarding of securities and believes that the proposed rule change maintain and enforce written policies funds which are in the custody or would help improve ICE Clear Europe’s and procedures reasonably designed to control of ICE Clear Europe or for which EOD pricing process as a whole by provide for governance arrangements it is responsible, and, in general, to considering additional relevant that are clear and transparent.40 protect investors and the public information and a wider range of As discussed above, the proposed rule interest.38 instruments. Based on these change would revise ICE Clear Europe’s As discussed above, the proposed rule improvements, the Commission believes Price Discovery Policy to update the change would enhance ICE Clear that the proposed rule change would responsibilities of ICE Clear Europe’s Europe’s EOD price discovery process also help improve the operation and clearing risk department. Under the for single-name CDS instruments by effectiveness of ICE Clear Europe’s revised Price Discovery Policy, the amending the Price Discovery Policy to margin system because ICE Clear Europe clearing risk department, in (1) compute a consensus BOW for each uses EOD prices to calculate and collect consultation with the trading advisory benchmark single-name instrument; (2) such margin. Given that an effective committee, would establish the determine the final EOD BOW as the margin system is necessary to manage parameters used in the EOD price greater of an instrument’s final ICE Clear Europe’s credit exposures to discovery process, including systematic BOW and a dynamic BOW; its Clearing Members and the risks determining the price-based floors and (3) eliminate the use of the ISDA CDS associated with clearing security based scaling factors used to establish BOWs. Standard Model from the computation swap-related portfolios, the Commission The Commission believes that the of BOWs for single-name instruments; believes that the proposed rule change proposed rule change would thus help and (4) update associated governance would help improve ICE Clear Europe’s ICE Clear Europe assign responsibility provisions. ability to avoid losses that could result within ICE Clear Europe’s existing from the mismanagement of such credit governance structure for important 33 Id. exposures and risks. Because such 34 aspects of EOD price discovery, such as Notice, 83 FR at 35049. losses could disrupt ICE Clear Europe’s 35 15 U.S.C. 78s(b)(2)(C). setting parameters and scaling factors. 36 15 U.S.C. 78q–1(b)(3)(F). ability to promptly and accurately clear The Commission further believes that 37 17 CFR 240.17Ad–22(e)(2)(i), (e)(6)(ii), and security based swap transactions, the (e)(6)(iv). Commission believes that the proposed 39 15 U.S.C. 78q–1(b)(3)(F). 38 15 U.S.C. 78q–1(b)(3)(F). rule change, by improving the EOD 40 17 CFR 240.17Ad–22(e)(2)(i).

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the proposed rule change would help believes the proposed rule change single-name instrument; (2) determine improve the effectiveness of the EOD would help the BOW to better reflect the final EOD BOW as the greater of an price discovery process by specifically current market conditions. instrument’s final systematic BOW and requiring the clearing risk department to Consequently, the Commission a dynamic BOW; and (3) eliminate the consult the trading advisory committee, believes that the proposed rule change use of the ISDA CDS Standard Model which would provide insight into would help improve ICE Clear Europe’s from the computation of BOWs for current market dynamics and EOD pricing process by taking into single-name instruments. Because ICE conditions. account additional relevant information Clear Europe uses BOWs to determine Therefore, for the above reasons the and considering a wider range of EOD price levels, the Commission Commission finds that the proposed instruments in the pricing process. believes that improvements in the rule change is consistent with Rule Because ICE Clear Europe uses EOD collection and calculation of BOWs 17Ad–22(e)(2)(i).41 prices to mark participant positions to would improve the accuracy and market and establish and collect margin, C. Consistency With Rule 17Ad– reliability of ICE Clear Europe’s EOD including variation margin, the 22(e)(6)(ii) price levels. Finally, because ICE Clear Commission believes that improvements Europe uses its EOD price levels to mark Rule 17Ad–22(e)(6)(ii) requires that to the EOD pricing process would also participant positions to market and ICE Clear Europe establish, implement, enhance ICE Clear Europe’s covering of establish and collect margin, including maintain and enforce written policies credit exposures to its participants and variation margin, the Commission and procedures reasonably designed to collection of margin. Moreover, the believes that the proposed rule change cover its credit exposures to its Commission believes the governance would help ensure that the ICE Clear participants by establishing a risk-based enhancements described above would Europe’s margin system uses reliable margin system that marks participant help ensure that ICE Clear Europe’s sources of timely price data. positions to market and collects margin, clearing risk department maintains an Therefore, for the above reasons the including variation margin or equivalent effective EOD price discovery process Commission finds that the proposed charges if relevant, at least daily and and takes into account current market rule change is consistent with Rule includes the authority and operational conditions by consulting with the 17Ad–22(e)(6)(iv).45 capacity to make intraday margin calls trading advisory committee. The IV. Conclusion in defined circumstances.42 Commission therefore believes that the As discussed above, the proposed rule proposed rule change would help On the basis of the foregoing, the change would enhance ICE Clear establish and maintain written policies Commission finds that the proposed Europe’s EOD price discovery by and procedures reasonably designed to rule change is consistent with the amending the Price Discovery Policy to cover ICE Clear Europe’s credit requirements of the Act, and in (1) compute a consensus BOW for each exposures to its participants by particular with the requirements of benchmark single-name instrument; (2) establishing a risk-based margin system Section 17A(b)(3)(F) of the Act 46 and determine the final EOD BOW as the that marks participant positions to Rules 17Ad–22(e)(2)(i), (e)(6)(ii), and greater of an instrument’s final market and collects margin, including (e)(6)(iv) thereunder.47 systematic BOW and a dynamic BOW; variation margin. It is therefore ordered pursuant to and (3) eliminate the use of the ISDA Therefore, for the above reasons the Section 19(b)(2) of the Act 48 that the CDS Standard Model from the Commission finds that the proposed proposed rule change (SR–ICEEU–2018– computation of BOWs for single-name rule change is consistent with Rule 009) be, and hereby is, approved.49 instruments. 17Ad–22(e)(6)(ii).43 For the Commission, by the Division of The Commission believes that these Trading and Markets, pursuant to delegated changes, taken together, would help D. Consistency With Rule 17Ad– authority.50 enhance ICE Clear Europe’s ability to 22(e)(6)(iv) Eduardo A. Aleman, determine the EOD BOW for single- Rule 17Ad–22(e)(6)(iv) requires that Assistant Secretary. name CDS instruments. By eliminating ICE Clear Europe establish, implement, [FR Doc. 2018–19640 Filed 9–10–18; 8:45 am] the use of the ISDA CDS Standard maintain and enforce written policies BILLING CODE 8011–01–P Model from the computation of single- and procedures reasonably designed to name BOWs, accepting submissions cover its credit exposures to its only in price terms, and computing a participants by establishing a risk-based DEPARTMENT OF STATE consensus BOW for each benchmark margin system that uses reliable sources single-name CDS instrument, the of timely price data and uses procedures [Public Notice: 10538] Commission believes the proposed rule and sound valuation models for change would help ICE Clear Europe to addressing circumstances in which Notice of Determinations; Culturally determine BOWs more consistently pricing data are not readily available or Significant Objects Imported for across single-name instruments on all reliable.44 Exhibition—Determinations: ‘‘Tomma reference entities, including those for As discussed above, the proposed rule Abts’’ Exhibition which little intraday data is available. In change would help improve the pricing SUMMARY: Notice is hereby given of the addition, as noted above, the dynamic data that ICE Clear Europe uses in its following determinations: I hereby BOW would widen BOWs in response margin system. Specifically, the to the observed dispersion of price- proposed rule change would, as 45 17 CFR 240.17Ad–22(e)(6)(iv). space levels submitted in the EOD price discussed above, enhance the 46 15 U.S.C. 78q–1. discovery process. Thus, by determining computation of BOWs for single-name 47 17 CFR 240.17Ad–22(e)(2)(i), (e)(6)(ii), and the final EOD BOW as the greater of an CDS instruments by amending the Price (e)(6)(iv). instrument’s final systematic BOW and Discovery Policy to (1) compute a 48 15 U.S.C. 78s(b)(2). 49 In approving the proposed rule change, the a dynamic BOW, the Commission consensus BOW for each benchmark Commission considered the proposal’s impact on efficiency, competition, and capital formation. 15 41 17 CFR 240.17Ad–22(e)(2)(i). 43 17 CFR 240.17Ad–22(e)(6)(ii). U.S.C. 78c(f). 42 17 CFR 240.17Ad–22(e)(6)(ii). 44 17 CFR 240.17Ad–22(e)(6)(iv). 50 17 CFR 200.30–3(a)(12).

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determine that certain objects to be 2018, until on or about March 10, 2019, FOR FURTHER INFORMATION CONTACT: Julie included in the exhibition ‘‘Tomma and at the Hirshhorn Museum and Simpson, Attorney-Adviser, Office of Abts,’’ imported from abroad for Sculpture Garden, Washington, District the Legal Adviser, U.S. Department of temporary exhibition within the United of Columbia, from on or about April 18, State (telephone: 202–632–6471; email: States, are of cultural significance. The 2019, until on or about September 2, [email protected]). The mailing objects are imported pursuant to loan 2019, and at possible additional address is U.S. Department of State, agreements with the foreign owners or exhibitions or venues yet to be L/PD, SA–5, Suite 5H03, Washington, custodians. I also determine that the determined, is in the national interest. DC 20522–0505. exhibition or display of the exhibit I have ordered that Public Notice of SUPPLEMENTARY INFORMATION: The objects at The Art Institute of Chicago, these determinations be published in foregoing determinations were made in Chicago, Illinois, from on or about the Federal Register. pursuant to the authority vested in me October 18, 2018, until on or about FOR FURTHER INFORMATION CONTACT: Julie by the Act of October 19, 1965 (79 Stat. February 17, 2019, and at possible Simpson, Attorney-Adviser, Office of 985; 22 U.S.C. 2459), E.O. 12047 of additional exhibitions or venues yet to the Legal Adviser, U.S. Department of March 27, 1978, the Foreign Affairs be determined, is in the national State (telephone: 202–632–6471; email: Reform and Restructuring Act of 1998 interest. I have ordered that Public [email protected]). The mailing (112 Stat. 2681, et seq.; 22 U.S.C. 6501 Notice of these determinations be address is U.S. Department of State, note, et seq.), Delegation of Authority published in the Federal Register. L/PD, SA–5, Suite 5H03, Washington, No. 234 of October 1, 1999, and FOR FURTHER INFORMATION CONTACT: Julie DC 20522–0505. Delegation of Authority No. 236–3 of Simpson, Attorney-Adviser, Office of August 28, 2000. SUPPLEMENTARY INFORMATION: The the Legal Adviser, U.S. Department of foregoing determinations were made Marie Therese Porter Royce, State (telephone: 202–632–6471; email: pursuant to the authority vested in me [email protected]). The mailing Assistant Secretary for Educational and by the Act of October 19, 1965 (79 Stat. Cultural Affairs, Department of State. address is U.S. Department of State, 985; 22 U.S.C. 2459), E.O. 12047 of L/PD, SA–5, Suite 5H03, Washington, [FR Doc. 2018–19719 Filed 9–10–18; 8:45 am] March 27, 1978, the Foreign Affairs DC 20522–0505. BILLING CODE 4710–05–P Reform and Restructuring Act of 1998 SUPPLEMENTARY INFORMATION: The (112 Stat. 2681, et seq.; 22 U.S.C. 6501 foregoing determinations were made note, et seq.), Delegation of Authority DEPARTMENT OF STATE pursuant to the authority vested in me No. 234 of October 1, 1999, Delegation [Public Notice: 10537] by the Act of October 19, 1965 (79 Stat. of Authority No. 236–3 of August 28, 985; 22 U.S.C. 2459), E.O. 12047 of 2000. Notice of Determinations; Culturally March 27, 1978, the Foreign Affairs Significant Objects Imported for Reform and Restructuring Act of 1998 Marie Therese Porter Royce, Exhibition—Determinations: ‘‘Gu¨ nther (112 Stat. 2681, et seq.; 22 U.S.C. 6501 Assistant Secretary for Educational and Fo¨ rg: A Fragile Beauty’’ Exhibition note, et seq.), Delegation of Authority Cultural Affairs, Department of State. No. 234 of October 1, 1999, and [FR Doc. 2018–19715 Filed 9–10–18; 8:45 am] SUMMARY: Notice is hereby given of the Delegation of Authority No. 236–3 of BILLING CODE 4710–05–P following determinations: I hereby August 28, 2000. determine that certain objects to be included in the exhibition ‘‘Gu¨ nther Marie Therese Porter Royce, DEPARTMENT OF STATE Fo¨rg: A Fragile Beauty,’’ imported from Assistant Secretary for Educational and abroad for temporary exhibition within Cultural Affairs, Department of State. [Public Notice: 10539] the United States, are of cultural [FR Doc. 2018–19717 Filed 9–10–18; 8:45 am] significance. The objects are imported BILLING CODE 4710–05–P Notice of Determinations; Culturally pursuant to loan agreements with the Significant Objects Imported for foreign owners or custodians. I also Exhibition—Determinations: ‘‘Frans DEPARTMENT OF STATE determine that the exhibition or display Hals Portraits: A Family Reunion’’ of the exhibit objects at the Dallas [Public Notice: 10536] Exhibition Museum of Art, Dallas, Texas, from on SUMMARY: or about October 21, 2018, until on or Notice of Determinations; Culturally Notice is hereby given of the following determinations: I hereby about January 27, 2019, and at possible Significant Object Imported for additional exhibitions or venues yet to Exhibition—Determinations: ‘‘Enrico determine that certain objects to be included in the exhibition ‘‘Frans Hals be determined, is in the national David: Gradations of Slow Release’’ interest. I have ordered that Public Exhibition Portraits: A Family Reunion,’’ imported from abroad for temporary exhibition Notice of these determinations be SUMMARY: Notice is hereby given of the within the United States, are of cultural published in the Federal Register. following determinations: I hereby significance. The objects are imported FOR FURTHER INFORMATION CONTACT: determine that a certain object to be pursuant to loan agreements with the Elliot Chiu, Attorney-Adviser, Office of included in the exhibition ‘‘Enrico foreign owners or custodians. I also the Legal Adviser, U.S. Department of David: Gradations of Slow Release,’’ determine that the exhibition or display State (telephone: 202–632–6471; email: imported from abroad for temporary of the exhibit objects at the Toledo [email protected]). The mailing exhibition within the United States, is Museum of Art, Toledo, Ohio, from on address is U.S. Department of State, of cultural significance. The object is or about October 13, 2018, until on or L/PD, SA–5, Suite 5H03, Washington, imported pursuant to a loan agreement about January 6, 2019, and at possible DC 20522–0505. with the foreign owner or custodian. I additional exhibitions or venues yet to SUPPLEMENTARY INFORMATION: The also determine that the exhibition or be determined, is in the national foregoing determinations were made display of the exhibit object at the interest. I have ordered that Public pursuant to the authority vested in me Museum of Contemporary Art, Chicago, Notice of these determinations be by the Act of October 19, 1965 (79 Stat. Illinois, from on or about September 29, published in the Federal Register. 985; 22 U.S.C. 2459), E.O. 12047 of

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March 27, 1978, the Foreign Affairs Delegation of Authority No. 236–3 of be announced through the Board’s Reform and Restructuring Act of 1998 August 28, 2000. website at www.stb.gov. Written Comments: Members of the (112 Stat. 2681, et seq.; 22 U.S.C. 6501 Marie Therese Porter Royce, note, et seq.), Delegation of Authority public may submit written comments to Assistant Secretary for Educational and RETAC at any time. Comments should No. 234 of October 1, 1999, and Cultural Affairs, Department of State. be addressed to RETAC, c/o Kristen Delegation of Authority No. 236–3 of [FR Doc. 2018–19718 Filed 9–10–18; 8:45 am] August 28, 2000. Nunnally, Surface Transportation BILLING CODE 4710–05–P Board, 395 E Street SW, Washington, DC Marie Therese Porter Royce, 20423–0001 or Kristen.Nunnally@ Assistant Secretary for Educational and stb.gov. SURFACE TRANSPORTATION BOARD Cultural Affairs, Department of State. Authority: 49 U.S.C. 1321, 49 U.S.C. [FR Doc. 2018–19716 Filed 9–10–18; 8:45 am] [STB Docket No. EP 670 (Sub-No. 1)] 11101; 49 U.S.C. 11121. BILLING CODE 4710–05–P Decided: September 5, 2018. Notice of Rail Energy Transportation Advisory Committee Meeting By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings. DEPARTMENT OF STATE AGENCY: Surface Transportation Board. Marline Simeon, ACTION: Notice of Rail Energy Clearance Clerk. [Public Notice: 10535] Transportation Advisory Committee [FR Doc. 2018–19665 Filed 9–10–18; 8:45 am] Notice of Determinations; Culturally meeting. BILLING CODE 4915–01–P Significant Objects Imported for SUMMARY: Notice is hereby given of a Exhibition—Determinations: ‘‘Tudors meeting of the Rail Energy DEPARTMENT OF TRANSPORTATION to Windsors: British Royal Portraits Transportation Advisory Committee From Holbein to Warhol’’ Exhibition (RETAC), pursuant to the Federal Federal Aviation Administration Advisory Committee Act (FACA). [Summary Notice No. 2018–70] SUMMARY: Notice is hereby given of the DATES: The meeting will be held on following determinations: I hereby Thursday, October 4, 2018, at 9 a.m. determine that certain objects to be Petition for Exemption; Summary of ADDRESSES: The meeting will be held on included in the exhibition ‘‘Tudors to Petition Received; Compass Airlines the second floor of the Board’s LLC Windsors: British Royal Portraits from headquarters at 395 E Street SW, Holbein to Warhol,’’ imported from Washington, DC 20423. AGENCY: Federal Aviation abroad for temporary exhibition within FOR FURTHER INFORMATION CONTACT: Administration (FAA), Department of the United States, are of cultural Kristen Nunnally (202) 245–0312; Transportation (DOT). significance. The objects are imported [email protected]. [Assistance ACTION: Notice. pursuant to loan agreements with the for the hearing impaired is available SUMMARY: foreign owners or custodians. I also through the Federal Information Relay This notice contains a determine that the exhibition or display Service (FIRS) at: (800) 877–8339.] summary of a petition seeking relief from specified requirements of Title 14 of the exhibit objects at the Museum of SUPPLEMENTARY INFORMATION: RETAC Fine Arts, Houston, in Houston, Texas, of the Code of Federal Regulations. The was formed in 2007 to provide advice purpose of this notice is to improve the from on or about October 7, 2018, until and guidance to the Board, and to serve on or about February 3, 2019, and at public’s awareness of, and participation as a forum for discussion of emerging in, the FAA’s exemption process. possible additional exhibitions or issues related to the transportation of venues yet to be determined, is in the Neither publication of this notice nor energy resources by rail, including coal, the inclusion or omission of information national interest. I have ordered that ethanol, and other biofuels. in the summary is intended to affect the Public Notice of these determinations be Establishment of a Rail Energy legal status of the petition or its final published in the Federal Register. Transportation Advisory Committee, EP disposition. 670 (STB served July 17, 2007). The FOR FURTHER INFORMATION CONTACT: purpose of this meeting is to continue DATES: Comments on this petition must Elliot Chiu, Attorney-Adviser, Office of discussions regarding issues such as rail identify the petition docket number and the Legal Adviser, U.S. Department of performance, capacity constraints, must be received on or before October State (telephone: 202–632–6471; email: infrastructure planning and 1, 2018. [email protected]). The mailing development, and effective coordination ADDRESSES: Send comments identified address is U.S. Department of State, among suppliers, carriers, and users of by docket number FAA–2018–0603 L/PD, SA–5, Suite 5H03, Washington, energy resources. Potential agenda items using any of the following methods: DC 20522–0505. for this meeting include a performance • Federal eRulemaking Portal: Go to SUPPLEMENTARY INFORMATION: The measures review, industry segment http://www.regulations.gov and follow foregoing determinations were made updates by RETAC members, a the online instructions for sending your presentation on energy transportation comments electronically. pursuant to the authority vested in me • by the Act of October 19, 1965 (79 Stat. logistics, and a roundtable discussion. Mail: Send comments to Docket 985; 22 U.S.C. 2459), E.O. 12047 of The meeting, which is open to the Operations, M–30; U.S. Department of public, will be conducted in accordance Transportation, 1200 New Jersey March 27, 1978, the Foreign Affairs with the Federal Advisory Committee Avenue SE, Room W12–140, West Reform and Restructuring Act of 1998 Act, 5 U.S.C. app. 2; Federal Advisory Building Ground Floor, Washington, DC (112 Stat. 2681, et seq.; 22 U.S.C. 6501 Committee Management regulations, 41 20590–0001. note, et seq.), Delegation of Authority CFR pt. 102–3; RETAC’s charter; and • Hand Delivery or Courier: Take No. 234 of October 1, 1999, and Board procedures. Further comments to Docket Operations in communications about this meeting may Room W12–140 of the West Building

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Ground Floor at 1200 New Jersey DEPARTMENT OF TRANSPORTATION Operations in Room W12–140 of the Avenue SE, Washington, DC, between 9 West Building Ground Floor at 1200 a.m. and 5 p.m., Monday through Federal Aviation Administration New Jersey Avenue SE, Washington, DC Friday, except Federal holidays. [Summary Notice No. 2018–71] 20590–0001, between 9 a.m. and 5 p.m., • Fax: Fax comments to Docket Monday through Friday, except Federal holidays. Operations at (202) 493–2251. Petition for Exemption; Summary of Petition Received; Aero-Flite, Inc. FOR FURTHER INFORMATION CONTACT: Privacy: In accordance with 5 U.S.C. Clarence Garden (202) 267–7489, Office 553(c), DOT solicits comments from the AGENCY: Federal Aviation of Rulemaking, Federal Aviation public to better inform its rulemaking Administration (FAA), Department of Administration, 800 Independence process. DOT posts these comments, Transportation (DOT). Avenue SW, Washington, DC 20591. without edit, including any personal ACTION: Notice. This notice is published pursuant to information the commenter provides, to 14 CFR 11.85. SUMMARY: This notice contains a http://www.regulations.gov, as Issued in Washington, DC, on September 5, described in the system of records summary of a petition seeking relief from specified requirements of Federal 2018. notice (DOT/ALL–14 FDMS), which can Aviation Regulations. The purpose of Lirio Liu, be reviewed at http://www.dot.gov/ this notice is to improve the public’s Executive Director, Office of Rulemaking. privacy. awareness of, and participation in, the Petition for Exemption Docket: Background documents or FAA’s exemption process. Neither comments received may be read at publication of this notice nor the Docket No.: FAA–2018–0742. Petitioner: Aero-Flite, Inc. http://www.regulations.gov at any time. inclusion or omission of information in Section(s) of 14 CFR Affected: 91.213. Follow the online instructions for the summary is intended to affect the Description of Relief Sought: Aero- accessing the docket or go to the Docket legal status of the petition or its final Flite, Inc. (Aero-Flite) is seeking Operations in Room W12–140 of the disposition. exemption for relief from the West Building Ground Floor at 1200 DATES: Comments on this petition must requirement in § 91.213 that no person New Jersey Avenue SE, Washington, identify the petition docket number and may take off an aircraft with inoperative DC, between 9 a.m. and 5 p.m., Monday must be received on or before October instruments or equipment installed through Friday, except Federal holidays. 1, 2018. unless, among other things, an approved Minimum Equipment List (MEL) exists FOR FURTHER INFORMATION CONTACT: ADDRESSES: Send comments identified for that aircraft. Aero-Flite notes that an Clarence Garden (202) 267–7489, Office by docket number {FAA–2018–0742} MEL does not exist for the CL–415 of Rulemaking, Federal Aviation using any of the following methods: • Federal eRulemaking Portal: Go to aircraft that it operations. As such, Administration, 800 Independence Aero-Flite cannot operate such aircraft Avenue SW, Washington, DC 20591. http://www.regulations.gov and follow the online instructions for sending your unless all instruments and equipment This notice is published pursuant to comments electronically. are operative at all times. Under the 14 CFR 11.85. • Mail: Send comments to Docket relief requested, Aero-Flite would Issued in Washington, DC, on September 5, Operations, M–30; U.S. Department of conduct a risk assessment to determine 2018. Transportation, 1200 New Jersey if an inoperative instrument or equipment could be deferred and Lirio Liu, Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC operations continued. Director, Office of Rulemaking. 20590–0001. [FR Doc. 2018–19712 Filed 9–10–18; 8:45 am] Petition for Exemption • Hand Delivery or Courier: Take BILLING CODE 4910–13–P comments to Docket Operations in Docket No.: FAA–2018–0603. Room W12–140 of the West Building Petitioner: Compass Airlines LLC. Ground Floor at 1200 New Jersey DEPARTMENT OF THE TREASURY Section(s) of 14 CFR Affected: Avenue SE, Washington, DC 20590– Financial Crimes Enforcement Network §§ 121.407(a)(1)(ii) and 121.439(a)(b). 0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Description of Relief Sought: Compass holidays. Agency Information Collection Airlines LLC is seeking relief from 14 • Fax: Fax comments to Docket Activities; Proposed Renewal: CFR 121.407(a)(1)(ii) to allow the use of Operations at (202) 493–2251. Comment Request; Renewal Without a modified full flight simulator Privacy: In accordance with 5 U.S.C. Change of Customer Identification representing an Embraer 190 type 553(c), DOT solicits comments from the Programs for Brokers or Dealers in airplane in conjunction with an Embraer public to better inform its rulemaking Securities and Mutual Funds 175 Integrated Procedures Trainer to process. DOT posts these comments, AGENCY: Financial Crimes Enforcement provide training, checking and currency without edit, including any personal Network (‘‘FinCEN’’), U.S. Department for pilots operating Embraer 175 type information the commenter provides, to of the Treasury. airplanes. Compass Airlines LLC is also http://www.regulations.gov, as ACTION: Notice and request for seeking relief from §§ 121.439(a)(b) to described in the system of records comments. allow a modified full flight simulator notice (DOT/ALL–14 FDMS), which can representing an Embraer 190 type be reviewed at http://www.dot.gov/ SUMMARY: FinCEN invites comment on a airplane to be used to meet the recency privacy. proposed renewal, without change, to of experience requirements for an Docket: Background documents or information collections found in Embraer 175 type airplane. comments received may be read at regulations requiring brokers or dealers http://www.regulations.gov at any time. in securities and mutual funds to [FR Doc. 2018–19711 Filed 9–10–18; 8:45 am] Follow the online instructions for develop and implement customer BILLING CODE 4910–13–P accessing the docket or go to the Docket identification programs designed to

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allow the covered financial institution to the anti-money laundering provisions Affected Public: Business and other to form a reasonable belief that it knows of Title II of the BSA, 31 U.S.C. 5311 et for-profit institutions. the true identity of each customer. This seq., which are intended to aid in the Burden: request for comment is being made prevention, detection, and prosecution • Estimated Number of Respondents: pursuant to the Paperwork Reduction of international money laundering and 3,839.2 Act (‘‘PRA’’) of 1995. terrorist financing. • Estimated Number of Responses: DATES: Written comments are welcome Regulations implementing Title II of 9,000,000 new brokers or dealers in and must be received on or before the BSA appear at 31 CFR chapter X. securities accounts opened annually.3 November 13, 2018. The authority of the Secretary of the • Estimated Average Annual Burden ADDRESSES: Comments may be Treasury to administer Title II of the per Response: The estimated average submitted by any of the following BSA has been delegated to the Director burden associated with fulfilling the methods: of FinCEN. The information collected requirements of this rule is 2 minutes • Federal E-rulemaking Portal: http:// and retained under the regulation per response.4 • www.regulations.gov. Follow the addressed in this notice assist Federal, Estimated Total Annual instructions for submitting comments. state, and local law enforcement as well Respondent Burden: 300,000 hours.5 Refer to Docket Number FINCEN–2018– as regulatory authorities in the 2. Title: Customer Identification 0015 and the Office of Management and identification, investigation and Programs for Mutual Funds (31 CFR Budget (‘‘OMB’’) control number of the prosecution of money laundering and 1024.220). information collection(s) you wish to other matters. OMB Control Number: 1506–0033. comment on (OMB control numbers Section 5318(l) of the BSA requires Abstract: Mutual funds are required to 1506–0033 and/or 1506–0034). FinCEN to issue regulations prescribing implement and maintain customer • Mail: Policy Division, Financial customer identification programs for identification programs and provide Crimes Enforcement Network, P.O. Box financial institutions. Those regulations, their customers with notice of the 39, Vienna, VA 22183. Refer to Docket at a minimum, must require financial programs. (See 68 FR 25131, May 9, Number FINCEN–2018–0015 and the institutions implement reasonable 2003). OMB control number of the information procedures for (1) verifying the identity Current Action: Renewal without collection(s) you wish to comment on of any person seeking to open an change to existing regulations. (OMB control numbers 1506–0033 and/ account, to the extent reasonable and Type of Review: Renewal of a or 1506–0034). practicable; (2) maintaining records of currently approved information Please submit comments by one the information used to verify the collection. method only. Comments will also be person’s identity, including name, Affected Public: Business and other incorporated to FinCEN’s retrospective address, and other identifying for-profit institutions. regulatory review process, as mandated information; and (3) determining Burden: by E.O. 12866 and 13563. All comments whether the person appears on any lists • Estimated Number of Respondents: submitted in response to this notice will of known or suspected terrorists or 1,591.6 become a matter of public record. terrorist organizations provided to the • Estimated Number of Responses: Therefore, you should submit only financial institution by any government 20,000,000 new mutual fund accounts information that you wish to make agency. The regulations are to take into opened annually.7 publicly available. consideration the various types of • Estimated Average Annual Burden FOR FURTHER INFORMATION CONTACT: The accounts maintained by various types of per Response: The estimated average FinCEN Resource Center at 800–767– financial institutions, the various burden associated with fulfilling the 2825 or electronically at [email protected]. methods of opening accounts, and the requirements of this rule is 2 minutes per response.8 SUPPLEMENTARY INFORMATION: The Bank various types of identifying information available. Regulations implementing • Estimated Total Annual Secrecy Act (‘‘BSA’’), Titles I and II of 9 Public Law 91–508, as amended, section 5318(l) with respect to brokers Respondent Burden: 666,667 hours. codified at 12 U.S.C. 1829(b), 12 U.S.C. or dealers in securities and mutual An agency may not conduct or 1951–1959, and 31 U.S.C. 5311–5314 funds are found at 31 CFR 1023.220 and sponsor, and a person is not required to and 5316–5332, authorizes the Secretary 1024.220, respectively. respond to, a collection of information of the Treasury, among other things, to In accordance with the requirements 2 This number was provided to FinCEN by the require financial institutions to keep of the PRA and its implementing regulations, the following information is U.S. Securities and Exchange Commission (‘‘SEC’’), records and file reports that are and is based on forms filed with the SEC in 2017. determined to have a high degree of presented concerning the information 3 This number was provided to FinCEN by the usefulness in criminal, tax, and collection below. SEC, and is based on forms filed with the SEC in regulatory matters or in the conduct of 1. Title: Customer Identification 2017. Program for Brokers or Dealers in 4 FinCEN did not receive comments on the intelligence or counter-intelligence previous estimate of 2 minutes of burden per activities to protect against international Securities (31 CFR 1023.220). response. terrorism, and to implement counter- OMB Control Number: 1506–0034. 5 9 million responses multiplied by 2 minutes per money laundering programs and Abstract: Brokers or dealers in responses converted to hours equals 300,000 hours. compliance procedures.1 Title III of the securities are required to establish and 6 This number was provided to FinCEN by the SEC, and is based on forms filed with the SEC in USA PATRIOT Act of 2001, Public Law maintain customer identification programs and provide their customers 2017. 107–56, included certain amendments 7 This estimate was provided to FinCEN by the with notice of the programs. (See 68 FR SEC, and is based on publicly available information 1 Language expanding the scope of the BSA to 25113, May 9, 2003). as of 2017. intelligence or counter-intelligence activities to Current Action: Renewal without 8 FinCEN did not receive comments on the protect against international terrorism was added by change to existing regulations. previous estimate of 2 minutes of burden per Section 358 of the Uniting and Strengthening response. America by Providing Appropriate Tools Required Type of Review: Renewal of a 9 20 million responses multiplied by 2 minutes to Intercept and Obstruct Terrorism Act of 2001, currently approved information per responses converted to hours equals 666,667 Public Law 107–56. collection. hours.

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unless the collection of information ADDRESSES: Comments may be as regulatory authorities in the displays a valid OMB control number. submitted by any of the following identification, investigation and Records required to be retained under methods: prosecution of money laundering and the BSA must be retained for five years. • Federal E-rulemaking Portal: http:// other matters. Generally, information collected www.regulations.gov. Follow the In accordance with the requirements pursuant to the BSA is confidential but instructions for submitting comments. of the PRA and its implementing may be shared as provided by law with Refer to Docket Number FINCEN–2018– regulations, the following information is regulatory and law enforcement 0012 and the specific Office of presented concerning the information authorities. Management and Budget (‘‘OMB’’) collection below. Request for Comments: Comments control number 1506–0014. • Title: Report of Transportation of submitted in response to this notice will Mail: Policy Division, Financial Currency or Monetary Instruments. (31 be summarized and/or included in the Crimes Enforcement Network, P.O. Box CFR 1010.340.) 39, Vienna, VA 22183. Refer to Docket request for OMB approval. All OMB Control Number: 1506–0014. comments will become a matter of Number FINCEN–2018–0012 and OMB control number 1506–0014. Form Number: FinCEN Form 105, public record. Comments are invited on: Report of International Transportation (a) Whether the collection of Please submit comments by one method only. Comments will also be of Currency or Monetary Instruments. A information is necessary for the proper copy of the form may be obtained from performance of the functions of the incorporated to FinCEN’s retrospective regulatory review process, as mandated the FinCEN website at https:// agency, including whether the by E.O. 12866 and 13563. All comments www.fincen.gov/sites/default/files/ information shall have practical utility; _ submitted in response to this notice will shared/fin105 cmir.pdf. (b) the accuracy of the agency’s estimate become a matter of public record. Abstract: Pursuant to the BSA, the of the burden of the collection of Therefore, you should submit only requirement of 31 U.S.C. 5316(a) has information; (c) ways to enhance the information that you wish to make been implemented through a regulation quality, utility, and clarity of the publicly available. promulgated at 31 CFR 1010.340 and information to be collected; (d) ways to FOR FURTHER INFORMATION CONTACT: The through the instructions for the CMIR as minimize the burden of the collection of follows: information on respondents, including FinCEN Resource Center at 800–767– 2825 or electronically at [email protected]. (1) Each person who physically through the use of automated collection transports, mails, or ships, or causes to techniques or other forms of information SUPPLEMENTARY INFORMATION: The Bank Secrecy Act (‘‘BSA’’), Titles I and II of be physically transported, mailed, or technology; and (e) estimates of capital shipped currency or other monetary or start-up costs and costs of operation, Public Law 91–508, as amended, codified at 12 U.S.C. 1829(b), 12 U.S.C. instruments in an aggregate amount maintenance and purchase of services to exceeding $10,000 at one time from the provide information. 1951–1959, and 31 U.S.C. et seq., authorizes the Secretary of the Treasury, United States to any place outside the Jamal El-Hindi, among other things, to require financial United States or into the United States Deputy Director, Financial Crimes institutions to keep records and file from any place outside the United Enforcement Network. reports that are determined to have a States, and [FR Doc. 2018–19656 Filed 9–10–18; 8:45 am] high degree of usefulness in criminal, (2) Each person who receives in the BILLING CODE 4810–02–P tax, and regulatory matters or in the United States currency or other conduct of intelligence or counter- monetary instruments in an aggregate intelligence activities to protect against amount exceeding $10,000 at one time DEPARTMENT OF THE TREASURY international terrorism, and to which have been transported, mailed, or implement counter-money laundering shipped to the person from any place Financial Crimes Enforcement Network programs and compliance procedures.1 outside the United States. Title III of the USA PATRIOT Act of A transfer of funds through normal Agency Information Collection 2001, Public Law 107–56, included banking procedures, which does not Activities; Proposed Renewal; certain amendments to the anti-money involve the physical transportation of Comment Request; Renewal Without laundering provisions of Title II of the currency or monetary instruments, is Change of the Report of International BSA, 31 U.S.C. 5311 et seq., which are not required to be reported on the CMIR. Transportation of Currency or intended to aid in the prevention, Monetary Instruments Information collected on the CMIR is detection, and prosecution of made available, in accordance with AGENCY: Financial Crimes Enforcement international money laundering and strict safeguards, to appropriate criminal Network (‘‘FinCEN’’), U.S. Department terrorist financing. law enforcement and regulatory of the Treasury. Regulations implementing Title II of personnel in the official performance of the BSA appear at 31 CFR chapter X. their duties. The information collected ACTION: Notice and request for The authority of the Secretary of the comments. is of use in investigations involving Treasury to administer Title II of the international and domestic money BSA has been delegated to the Director SUMMARY: FinCEN invites comment on laundering, tax evasion, fraud, and other of FinCEN. The information collected the renewal of an information collection financial crimes. and retained under the regulation requirement concerning the Report of Current Actions: Renewal without addressed in this notice assist Federal, International Transportation of change to the existing regulations. state, and local law enforcement as well Currency or Monetary Instruments Type of Review: Renewal without (‘‘CMIR’’). This request for comment is change of a currently approved 1 Language expanding the scope of the BSA to being made pursuant to the Paperwork intelligence or counter-intelligence activities to information collection. Reduction Act of 1995. protect against international terrorism was added by Affected Public: Individuals, business DATES: Written comments are welcome Section 358 of the Uniting and Strengthening or other for-profit institutions, and not- America by Providing Appropriate Tools Required for-profit institutions. and must be received on or before to Intercept and Obstruct Terrorism Act of 2001, November 13, 2018. Public Law 107–56. Frequency: As required.

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Estimated Number of Respondents: DEPARTMENT OF THE TREASURY among other things, to require financial 280,000.2 institutions to keep records and file Financial Crimes Enforcement Network Estimated Burden per Respondent: 30 reports that are determined to have a minutes.3 high degree of usefulness in criminal, Agency Information Collection tax, and regulatory matters or in the Estimated Total Annual Burden Activities; Proposed Renewal; conduct of intelligence or counter- Hours: 140,000 hours. Comment Request; Renewal Without intelligence activities to protect against An agency may not conduct or Change of Anti-Money Laundering international terrorism, and to Programs for Precious Metals, sponsor, and a person is not required to implement counter-money laundering Precious Stones, or Jewels respond to, a collection of information programs and compliance procedures.1 unless the collection of information AGENCY: Financial Crimes Enforcement Title III of the USA PATRIOT Act of displays a valid OMB control number. Network (‘‘FinCEN’’), U.S. Department 2001, Public Law 107–56, included Records required to be retained under of the Treasury. certain amendments to the anti-money laundering provisions of Title II of the the BSA must be retained for five years. ACTION: Notice and request for BSA, 31 U.S.C. 5311 et seq., which are Generally, information collected comments. pursuant to the BSA is confidential, but intended to aid in the prevention, may be shared as provided by law with SUMMARY: FinCEN invites comment on a detection, and prosecution of international money laundering and regulatory and law enforcement renewal, without change, to information terrorist financing. authorities. collections found in existing regulations requiring dealers in precious metals, Regulations implementing Title II of Request for Comments: Comments stones, or jewels, to develop and the BSA appear at 31 CFR Chapter X. submitted in response to this notice will implement written anti-money The authority of the Secretary of the be summarized and/or included in the laundering programs reasonably Treasury to administer Title II of the request for OMB approval. All designed to prevent those financial BSA has been delegated to the Director comments will become a matter of institutions from being used to facilitate of FinCEN. The information collected public record. Comments are invited on: money laundering and the financing of and retained under the regulation (a) Whether the collection of terrorist activities. This request for addressed in this notice assist federal, information is necessary for the proper comments is being made pursuant to the state, and local law enforcement as well performance of the functions of the Paperwork Reduction Act (‘‘PRA’’) of as regulatory authorities in the agency, including whether the 1995. identification, investigation and information shall have practical utility; prosecution of money laundering and DATES: Written comments are welcome other matters. (b) the accuracy of the agency’s estimate and must be received on or before of the burden of the collection of In accordance with the requirements November 13, 2018. of the PRA and its implementing information; (c) ways to enhance the ADDRESSES: Comments may be regulations, the following information is quality, utility, and clarity of the submitted by any of the following presented concerning the information information to be collected; (d) ways to methods: collection below. minimize the burden of the collection of • Federal E-rulemaking Portal: http:// Title: Anti-Money Laundering information on respondents, including www.regulations.gov. Follow the Programs for Dealers in Precious Metals, through the use of automated collection instructions for submitting comments. Precious Stones, or Jewels (31 CFR techniques or other forms of information Refer to Docket Number FINCEN–2018– 1027.210). technology; and (e) estimates of capital 0014 and the Office of Management and OMB Control Number: 1506–0030. or start-up costs and costs of operation, Budget (‘‘OMB’’) control number 1506– Abstract: Dealers in precious metals, maintenance, and purchase of services 0030. precious stones, or jewels are required to provide information. • Mail: Policy Division, Financial to develop and implement written anti- Crimes Enforcement Network, P.O. Box money laundering programs. A copy of Jamal El-Hindi, 39, Vienna, VA 22183. Refer to Docket the written program must be maintained Deputy Director, Financial Crimes Number FINCEN–2018–0014 and OMB for five years. Enforcement Network. control number 1506–0030. Current Action: Renewal without [FR Doc. 2018–19654 Filed 9–10–18; 8:45 am] Please submit comments by one change to existing regulations. BILLING CODE 4810–02–P method only. Comments will also be Type of Review: Renewal without incorporated to FinCEN’s retrospective change to a currently approved regulatory review process, as mandated information collection. by E.O. 12866 and 13563. All comments Affected Public: Business and other submitted in response to this notice will for-profit institutions. become a matter of public record. Burden: Estimated Number of Therefore, you should submit only Respondents: 20,000.2 information that you wish to make publicly available. 1 Language expanding the scope of the BSA to intelligence or counter-intelligence activities to FOR FURTHER INFORMATION CONTACT: The protect against international terrorism was added by FinCEN Resource Center at 800–767– Section 358 of the Uniting and Strengthening 2 DHS indicates that different numbers of CMIRs 2825 or electronically at [email protected]. America by Providing Appropriate Tools Required are filed each year. In 2014, approximately 235,000 to Intercept and Obstruct Terrorism Act of 2001, SUPPLEMENTARY INFORMATION: The Bank Public Law 107–56. CMIRs were filed, the highest number of filings 2 During the last information collection renewal, between 2012 and 2017. In addition, the number of Secrecy Act (‘‘BSA’’), Titles I and II of Public Law 91–508, as amended, FinCEN did not receive any comments suggesting filings display an upward trend. or requesting a different estimated number of 3 During the last information collection renewal, codified at 12 U.S.C. 1829(b), 12 U.S.C. respondents. The respondents are required to FinCEN did not receive any comments suggesting 1951–1959, and 31 U.S.C. et seq., develop, implement, and maintain a copy of their or requesting a different estimated burden. authorizes the Secretary of the Treasury, program, but there is no requirement to report it to

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Estimated Annual Responses: 20,000. ACTION: Notice and request for activities to protect against international Estimated Burden per Response: 1 comments. terrorism, and to implement counter- hour. money laundering programs and Estimated Total Burden Hours: 20,000 SUMMARY: FinCEN invites comment on a compliance procedures.1 Title III of the hours. proposed renewal, without change, to USA PATRIOT Act of 2001, Public Law An agency may not conduct or information collections found in 107–56, included certain amendments sponsor, and a person is not required to regulations requiring banks, savings to the anti-money laundering provisions respond to, a collection of information associations, credit unions, certain non- of Title II of the BSA, 31 U.S.C. 5311 et unless the collection of information federally regulated banks, futures seq., which are intended to aid in the displays a valid control number commission merchants, and introducing prevention, detection, and prosecution assigned by the Office of Management brokers in commodities to develop and of international money laundering and and Budget. Records required to be implement customer identification terrorist financing. retained under the BSA must be programs designed to allow the covered Regulations implementing Title II of retained for five years. Generally, financial institution to form a the BSA appear at 31 CFR Chapter X. information collected pursuant to the reasonable belief that it knows the true The authority of the Secretary of the BSA is confidential but may be shared identity of each customer. This request Treasury to administer Title II of the as provided by law with regulatory and for comment is being made pursuant to BSA has been delegated to the Director law enforcement authorities. the Paperwork Reduction Act (‘‘PRA’’) of FinCEN. The information collected Request for Comments: Comments of 1995. and retained under the regulation submitted in response to this notice will DATES: Written comments are welcome addressed in this notice assist Federal, be summarized and/or included in the and must be received on or before state, and local law enforcement as well request for OMB approval. All November 13, 2018. as regulatory authorities in the comments will become a matter of ADDRESSES: Comments may be identification, investigation and public record. Comments are invited on: submitted by any of the following prosecution of money laundering and (a) Whether the collection of methods: other matters. information is necessary for the proper • Federal E-rulemaking Portal: http:// Section 5318(l) of the BSA requires performance of the functions of the www.regulations.gov. Follow the FinCEN to issue regulations prescribing agency, including whether the instructions for submitting comments. customer identification programs for information shall have practical utility; Refer to Docket Number FINCEN–2018– financial institutions. Those regulations, (b) the accuracy of the agency’s estimate 0013 and the Office of Management and at a minimum, must require financial of the burden of the collection of Budget (‘‘OMB’’) control number of the institutions implement reasonable information; (c) ways to enhance the information collection(s) you wish to procedures for (1) verifying the identity quality, utility, and clarity of the comment on (OMB control numbers of any person seeking to open an information to be collected; (d) ways to 1506–0022 and/or 1506–0026). account, to the extent reasonable and minimize the burden of the collection of • Mail: Policy Division, Financial practicable; (2) maintaining records of information on respondents, including Crimes Enforcement Network, P.O. Box the information used to verify the through the use of automated collection 39, Vienna, VA 22183. Refer to Docket person’s identity, including name, techniques or other forms of information Number FINCEN–2018–0013 and the address, and other identifying technology; and (e) estimates of capital OMB control number of the information information; and (3) determining or start-up costs and costs of operation, collection(s) you wish to comment on whether the person appears on any lists maintenance and purchase of services to (OMB control numbers 1506–0022 and/ of known or suspected terrorists or provide information. or 1506–0026). terrorist organizations provided to the financial institution by any government Jamal El-Hindi, Please submit comments by one method only. Comments will also be agency. The regulations are to take into Deputy Director, Financial Crimes consideration the various types of Enforcement Network. incorporated to FinCEN’s retrospective regulatory review process, as mandated accounts maintained by various types of [FR Doc. 2018–19655 Filed 9–10–18; 8:45 am] by E.O. 12866 and 13563. All comments financial institutions, the various BILLING CODE 4810–02–P submitted in response to this notice will methods of opening accounts, and the become a matter of public record. various types of identifying information available. Regulations implementing DEPARTMENT OF THE TREASURY Therefore, you should submit only information that you wish to make section 5318(l) with respect to banks, savings associations, credit unions, and Financial Crimes Enforcement Network publicly available. certain non-federally regulated banks FOR FURTHER INFORMATION CONTACT: The are found at 31 CFR 1020.220. Agency Information Collection FinCEN Resource Center at 800–767– Regulations implementing section Activities; Proposed Renewal: 2825 or electronically at [email protected]. 5318(l) with respect to futures Comment Request; Renewal Without SUPPLEMENTARY INFORMATION: The Bank Change of Customer Identification commission merchants and introducing Secrecy Act (‘‘BSA’’), Titles I and II of brokers in commodities are found at 31 Programs for Banks, Savings Public Law 91–508, as amended, Associations, Credit Unions, Certain CFR 1026.220. codified at 12 U.S.C. 1829(b), 12 U.S.C. In accordance with the requirements Non-Federally Regulated Banks, 1951–1959, and 31 U.S.C. 5311–5314 Futures Commission Merchants, and of the PRA and its implementing and 5316–5332, authorizes the Secretary regulations, the following information is Introducing Brokers in Commodities of the Treasury, among other things, to AGENCY: Financial Crimes Enforcement require financial institutions to keep 1 Language expanding the scope of the BSA to Network (‘‘FinCEN’’), U.S. Department records and file reports that are intelligence or counter-intelligence activities to determined to have a high degree of protect against international terrorism was added by of the Treasury. Section 358 of the Uniting and Strengthening usefulness in criminal, tax, and America by Providing Appropriate Tools Required FinCEN. Therefore, FinCEN does not have an regulatory matters or in the conduct of to Intercept and Obstruct Terrorism Act of 2001, independent means of verifying this number. intelligence or counter-intelligence Public Law 107–56.

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presented concerning the information Burden: DEPARTMENT OF THE TREASURY collection below. • Estimated Number of Respondents: 1. Title: Customer Identification Internal Revenue Service 1,228.5 Programs for Banks, Savings Associations, Credit Unions, and • Estimated Average Annual Open Meeting of the Taxpayer Certain Non-Federally Regulated Banks. Recordkeeping Burden per Respondent: Advocacy Panel Toll-Free Phone Line (31 CFR 1020.220). 10 hours.6 Project Committee OMB Control Number: 1506–0026. • Estimated Average Annual AGENCY: Internal Revenue Service (IRS), Abstract: Banks, savings associations, Disclosure Burden per Respondent: 1 Treasury. credit unions, and certain non-federally hour. ACTION: regulated banks are required to Notice of meeting. • Estimated Total Annual implement and maintain customer SUMMARY: An open meeting of the 7 identification programs and provide Respondent Burden: 13,508. Taxpayer Advocacy Panel Toll-Free their customers with notice of the An agency may not conduct or Phone Line Project Committee will be programs. (See 68 FR 25090, May 9, sponsor, and a person is not required to conducted. The Taxpayer Advocacy 2003). respond to, a collection of information Panel is soliciting public comments, Current Action: Renewal without unless the collection of information ideas, and suggestions on improving change to existing regulations. displays a valid OMB control number. customer service at the Internal Revenue Type of Review: Renewal of a Service. currently approved information Records required to be retained under DATES: The meeting will be held collection. the BSA must be retained for five years. Affected Public: Business, other for- Generally, information collected Tuesday, October 9, 2018. profit institutions, and not-for-profit pursuant to the BSA is confidential but FOR FURTHER INFORMATION CONTACT: institutions. may be shared as provided by law with Rosalind Matherne at 1–888–912–1227 Burden: regulatory and law enforcement or 202–317–4115. • Estimated Number of Respondents: authorities. SUPPLEMENTARY INFORMATION: Notice is 2 hereby given pursuant to Section 15,960. Request for Comments: Comments • Estimated Average Annual 10(a)(2) of the Federal Advisory submitted in response to this notice will Recordkeeping Burden per Respondent: Committee Act, 5 U.S.C. App. (1988) be summarized and/or included in the 10 hours.3 that an open meeting of the Taxpayer • Estimated Average Annual request for OMB approval. All Advocacy Panel Toll-Free Phone Line Disclosure Burden per Respondent: 1 comments will become a matter of Project Committee will be held Tuesday, hour. public record. Comments are invited on: October 9, 2018, at 3:00 p.m. Eastern • Estimated Total Annual (a) Whether the collection of Time via teleconference. The public is Respondent Burden: 175,560 hours.4 information is necessary for the proper invited to make oral comments or 2. Title: Customer Identification performance of the functions of the submit written statements for Programs for Futures Commission agency, including whether the consideration. Due to limited Merchants and Introducing Brokers in information shall have practical utility; conference lines, notification of intent Commodities (31 CFR 1026.220). (b) the accuracy of the agency’s estimate to participate must be made with OMB Control Number: 1506–0022. of the burden of the collection of Rosalind Matherne. For more Abstract: Futures commission information; (c) ways to enhance the information please contact Rosalind merchants and introducing brokers in quality, utility, and clarity of the Matherne at 1–888–912–1227 or 202– commodities are required to implement information to be collected; (d) ways to 317–4115, or write TAP Office, 1111 and maintain customer identification minimize the burden of the collection of Constitution Ave. NW, Room 1509, programs and provide their customers Washington, DC 20224 or contact us at with notice of the programs. (See 68 FR information on respondents, including through the use of automated collection the website: http://www.improveirs.org. 25149, May 9, 2003). The agenda will include various IRS Current Action: Renewal without techniques or other forms of information technology; and (e) estimates of capital issues. change to existing regulations. The committee will be discussing Type of Review: Renewal of a or start-up costs and costs of operation, Toll-free issues and public input is currently approved information maintenance and purchase of services to welcomed. collection. provide information. Affected Public: Business and other Dated: September 1, 2018. for-profit institutions. Jamal El-Hindi, Kevin Brown, Deputy Director, Financial Crimes Acting Director, Taxpayer Advocacy Panel. 2 Enforcement Network. This number is a total of the institutions [FR Doc. 2018–19678 Filed 9–10–18; 8:45 am] represented in the 2017 annual reports of the [FR Doc. 2018–19653 Filed 9–10–18; 8:45 am] following regulators: The National Credit Union BILLING CODE 4830–01–P Administration reported 5,573 institutions, the BILLING CODE 4810–02–P Federal Reserve reported 5,180 institutions, the Federal Deposit Insurance Corporation reported DEPARTMENT OF THE TREASURY 3,636 institutions, the Office of the Comptroller of the Currency reported 1,446 institutions. In 5 According to the National Futures Association, Internal Revenue Service addition, a report from the Government there are currently 1,164 registered introducing Accountability Office indicated that approximately brokers in commodities, and 64 futures commission Proposed Collection; Comment 125 credit unions were insured privately, for a total merchants. of 15,960 institutions. Request for Form 5495 6 FinCEN did not receive comments on the 3 FinCEN did not receive comments on the previous estimate of 10 hours of annual previous estimate of 10 hours of annual AGENCY: Internal Revenue Service (IRS), recordkeeping burden and 1 hour of annual recordkeeping burden and 1 hour of annual Treasury. disclosure burden per respondent. disclosure burden per respondent. ACTION: Notice and request for 7 4 15,960 respondents multiplied by 11 hours 1,228 respondents multiplied by 11 hours comments. equals 175,560 hours. equals 13,508 hours.

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SUMMARY: The Internal Revenue Service of any internal revenue law. Generally, directed to R. Joseph Durbala, at Internal (IRS), as part of its continuing effort to tax returns and tax return information Revenue Service, Room 6129, 1111 reduce paperwork and respondent are confidential, as required by 26 Constitution Avenue NW, Washington burden, invites the general public and U.S.C. 6103. DC 20224, or through the internet, at other Federal agencies to take this Request for Comments: Comments [email protected]. opportunity to comment on information submitted in response to this notice will SUPPLEMENTARY INFORMATION: collections, as required by the be summarized and/or included in the Title: Information Reporting for Paperwork Reduction Act of 1995. The request for OMB approval. Comments Certain Life Insurance Contract IRS is soliciting comments concerning will be of public record. Comments are Transactions. Request for Discharge From Personal invited on: (a) Whether the collection of OMB Number: 1545—New. Liability Under Internal Revenue Code information is necessary for the proper Regulation Project Number: Notice Section 2204 or 6905. performance of the functions of the 2018–41, Form 1099–LS, Form 1099– DATES: Written comments should be agency, including whether the SB. received on or before November 13, information has practical utility; (b) the Abstract: The collection covers the 2018 to be assured of consideration. accuracy of the agency’s estimate of the new information reporting requirements burden of the collection of information; ADDRESSES: Direct all written comments for certain life insurance contracts (c) ways to enhance the quality, utility, under new IRC 6050Y, which were to Laurie Brimmer, Internal Revenue and clarity of the information to be Service, Room 6526, 1111 Constitution added by the Tax Cuts and Jobs Act collected; (d) ways to minimize the (TCJA). Avenue NW, Washington, DC 20224. burden of the collection of information The new reporting requirements FOR FURTHER INFORMATION CONTACT: on or other forms of information apply to reportable death benefits paid Requests for additional information or technology; and (e) estimates of capital and reportable policy sales made after copies of the form and instructions or start-up costs and costs of operation, Dec. 31, 2017. On April 26, 2018, the should be directed to Martha R. Brinson, maintenance, and purchase of services Internal Revenue Service provided at (202)317–5753, or at Internal Revenue to provide information. Service, Room 6526, 1111 Constitution transitional guidance delaying any Approved: August 28, 2018. Avenue NW, Washington, DC 20224, or reporting under IRC 6050Y until final through the internet at Laurie Brimmer, regulations are issued. The transitional [email protected]. Senior Tax Analyst. guidance provides taxpayers additional [FR Doc. 2018–19620 Filed 9–10–18; 8:45 am] time to satisfy any reporting obligations SUPPLEMENTARY INFORMATION: Title: Request for Discharge From BILLING CODE 4830–01–P arising prior to publication of final Personal Liability Under Internal regulations. Revenue Code Section 2204 or 6905. Current Actions: The IRS described DEPARTMENT OF THE TREASURY OMB Number: 1545–0432. the new information reporting requirements for certain life insurance Form Number: 5495. Internal Revenue Service Abstract: Form 5495 provides contracts under new IRC 6050Y, which were added by the Tax Cuts and Jobs guidance under sections 2204 and 6905 Proposed Allowance of Information Act. The new reporting requirements for executors of estates and fiduciaries Collection Request Submitted for apply to reportable death benefits paid of decedent’s trusts. The form, filed after Public Comment; Information and reportable policy sales made after regular filing of an Estate, Gift, or Reporting for Certain Life Insurance Dec. 31, 2017. As part of the guidance, Income tax return for a decedent, is Contract Transactions used by the executor or fiduciary to however, the IRS provided transitional request discharge from personal liability AGENCY: Internal Revenue Service (IRS), guidance delaying any reporting under for any deficiency for the tax and Treasury. IRC 6050Y until final regulations are periods shown on the form. ACTION: Notice and request for issued. Current Actions: There are no changes comments. This submission is being made to seek being made to Form 5495 at this time. new approval as required in the SUMMARY: The Internal Revenue Service, Type of Review: Extension of a Paperwork Reduction Act. as part of its continuing effort to reduce currently approved collection. Type of Review: New collection. Affected Public: Individuals or paperwork and respondent burden, Affected Public: Individuals or Households. invites the public and other Federal Households, Business or other for profit, Estimated Number of Responses: agencies to take this opportunity to Not for profit institutions. 25,000. comment on proposed and/or Estimated Number of Respondents: Estimated Time per Response: 12 continuing information collections, as 6,000. hours, 16 minutes. required by the Paperwork Reduction Estimated Time per Respondent: 7 Estimated Total Annual Burden Act of 1995. Currently, the IRS is min. Hours: 306,500. soliciting comments concerning the Estimated Total Annual Burden The following paragraph applies to all guidance for taxpayers regarding Hours: 720. of the collections of information covered information reporting for certain life The following paragraph applies to all by this notice: insurance contract transactions. the collections of information covered An agency may not conduct or DATES: Written comments should be by this notice: sponsor, and a person is not required to received on or before November 13, An agency may not conduct or respond to, a collection of information 2018 to be assured of consideration. sponsor, and a person is not required to unless the collection of information ADDRESSES: Direct all written comments respond to, a collection of information displays a valid OMB control number. to Carolyn Brown, Internal Revenue unless the collection of information Books or records relating to a Service, Room 6236, 1111 Constitution displays a valid OMB control number. collection of information must be Avenue NW, Washington, DC 20224. Books or records relating to a retained as long as their contents may Requests for additional information or collection of information must be become material in the administration copies of the regulations should be retained if their contents may become

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material in the administration of any Act of 1995. Currently, the IRS is Estimated Time per Respondent: 7 internal revenue law. Generally, tax soliciting comments concerning min. returns and tax return information are transitional guidance under sections Estimated Total Annual Burden confidential, as required by 26 U.S.C. 162(f) and 6050X with respect to certain Hours: 24. 6103. fines, penalties, and other amounts. The following paragraph applies to all Desired Focus of Comments: The DATES: Written comments should be Internal Revenue Service (IRS) is received on or before November 13, the collections of information covered particularly interested in comments 2018 to be assured of consideration. by this notice: that: An agency may not conduct or • ADDRESSES: Direct all written comments Evaluate whether the proposed to Carolyn Brown, Internal Revenue sponsor, and a person is not required to collection of information is necessary Service, Room 6236, 1111 Constitution respond to, a collection of information for the proper performance of the Avenue NW, Washington, DC 20224. unless the collection of information functions of the agency, including Requests for additional information or displays a valid OMB control number. whether the information will have copies of the regulations should be Books or records relating to a practical utility; directed to R. Joseph Durbala, at Internal • Evaluate the accuracy of the collection of information must be Revenue Service, Room 6129, 1111 agency’s estimate of the burden of the retained if their contents may become Constitution Avenue NW, Washington, proposed collection of information, material in the administration of any DC 20224, or through the internet, at including the validity of the internal revenue law. Generally, tax [email protected]. methodology and assumptions used; returns and tax return information are • Enhance the quality, utility, and SUPPLEMENTARY INFORMATION: confidential, as required by 26 U.S.C. clarity of the information to be Title: Transitional Guidance Under 6103. Sections 162(f) and 6050X with Respect collected; and Desired Focus of Comments: The • Minimize the burden of the to Certain Fines, Penalties, and Other Internal Revenue Service (IRS) is collection of information on those who Amounts. particularly interested in comments are to respond, including using OMB Number: 1545—New. appropriate automated, electronic, Regulation Project Number: Notice that: mechanical, or other technological 2018–23, Form 1098–F. • Evaluate whether the proposed collection techniques or other forms of Abstract: The collection covers the collection of information is necessary information technology, e.g., by new information reporting requirements for the proper performance of the permitting electronic submissions of under IRC 162(f) and new 6050X, which functions of the agency, including responses. was added by the Tax Cuts and Jobs Act whether the information will have (TCJA). Comments submitted in response to practical utility; this notice will be summarized and/or Section 13306 of ‘‘An Act to provide • Evaluate the accuracy of the included in the ICR for OMB approval for reconciliation pursuant to titles II agency’s estimate of the burden of the of the extension of the information and V of the concurrent resolution on collection; they will also become a the budget for fiscal year 2018,’’ Public proposed collection of information, matter of public record. Law 115–97 (the ‘‘Act’’), which was including the validity of the signed into law on December 22, 2017, methodology and assumptions used; Approved: September 4, 2018. amended section 162(f) of the Internal • Enhance the quality, utility, and R. Joseph Durbala, Revenue Code (‘‘Code’’) and added new clarity of the information to be IRS, Tax Analyst. section 6050X to the Code. The collected; and [FR Doc. 2018–19619 Filed 9–10–18; 8:45 am] Department of the Treasury (‘‘Treasury • BILLING CODE 4830–01–P Department’’) and the Internal Revenue Minimize the burden of the Service (‘‘IRS’’) intend to publish collection of information on those who proposed regulations under sections are to respond, including using DEPARTMENT OF THE TREASURY 162(f) and 6050X. appropriate automated, electronic, Current Actions: The Treasury mechanical, or other technological Internal Revenue Service Department and the IRS intend to issue collection techniques or other forms of proposed regulations amending and information technology, e.g., by Proposed Allowance of Information adding sections to the Income Tax Collection Request Submitted for permitting electronic submissions of Regulations with respect to sections Public Comment; Transitional responses. 162(f) and 6050X. To assist in the Guidance Under Sections 162(f) and Comments submitted in response to development of the proposed 6050X With Respect to Certain Fines, this notice will be summarized and/or regulations, the IRS has requests Penalties, and Other Amounts included in the ICR for OMB approval comments from the public and affected of the extension of the information AGENCY: Internal Revenue Service (IRS), governments and nongovernmental collection; they will also become a Treasury. entities, on any and all issues related to matter of public record. ACTION: Notice and request for the application and implementation of comments. sections 162(f) and 6050X that the Approved: September 4, 2018. proposed regulations should address. R. Joseph Durbala, SUMMARY: The Internal Revenue Service, This submission is being made to seek IRS, Tax Analyst. as part of its continuing effort to reduce new approval as required in the [FR Doc. 2018–19621 Filed 9–10–18; 8:45 am] paperwork and respondent burden, Paperwork Reduction Act. invites the public and other Federal Type of Review: New collection. BILLING CODE 4830–01–P agencies to take this opportunity to Affected Public: Federal government, comment on proposed and/or State, Local, or Tribal Government. continuing information collections, as Estimated Number of Respondents: required by the Paperwork Reduction 200.

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DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY The following paragraph applies to all of the collections of information covered Internal Revenue Service Internal Revenue Service by this notice: An agency may not conduct or Open Meeting of the Taxpayer Proposed Collection; Comment sponsor, and a person is not required to Advocacy Panel Notices and Request for Form 8994 respond to, a collection of information Correspondence Project Committee AGENCY: Internal Revenue Service (IRS), unless the collection of information Treasury. displays a valid OMB control number. AGENCY: Internal Revenue Service (IRS), Books or records relating to a Treasury. ACTION: Notice and request for comments. collection of information must be ACTION: Notice of meeting. retained as long as their contents may SUMMARY: The Internal Revenue Service, become material in the administration SUMMARY: An open meeting of the as part of its continuing effort to reduce of any internal revenue law. Generally, Taxpayer Advocacy Panel Notices and paperwork and respondent burden, tax returns and tax return information Correspondence Project Committee will invites the general public and other are confidential, as required by 26 U.S.C. 6103. be conducted. The Taxpayer Advocacy Federal agencies to take this Panel is soliciting public comments, opportunity to comment on proposed Request for Comments: Comments ideas, and suggestions on improving and/or continuing information submitted in response to this notice will be summarized and/or included in the customer service at the Internal Revenue collections, as required by the request for OMB approval. All Service. Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments will become a matter of DATES: The meeting will be held comments concerning Form 8994, public record. Comments are invited on: Thursday, October 11, 2018. Employer Credit for Paid Family and (a) Whether the collection of Medical Leave. information is necessary for the proper FOR FURTHER INFORMATION CONTACT: DATES: Written comments should be performance of the functions of the Gregory Giles at 1–888–912–1227 or agency, including whether the 240–613–6478. received on or before November 13, 2018 to be assured of consideration. information shall have practical utility; SUPPLEMENTARY INFORMATION: Notice is (b) the accuracy of the agency’s estimate ADDRESSES: Direct all written comments of the burden of the collection of hereby given pursuant to Section to Laurie Brimmer, Internal Revenue information; (c) ways to enhance the 10(a)(2) of the Federal Advisory Service, Room 6526, 1111 Constitution quality, utility, and clarity of the Committee Act, 5 U.S.C. App. (1988) Avenue NW, Washington, DC 20224. that a meeting of the Taxpayer information to be collected; (d) ways to FOR FURTHER INFORMATION CONTACT: Advocacy Panel Notices and minimize the burden of the collection of Requests for additional information or Correspondence Project Committee will information on respondents, including copies of the form(s) and instructions be held Thursday, October 11, 2018, at through the use of automated collection should be directed to LaNita Van Dyke, 1:00 p.m. Eastern Time via techniques or other forms of information at (202) 317–6009, or at Internal teleconference. The public is invited to technology; and (e) estimates of capital Revenue Service, Room 6526, 1111 or start-up costs and costs of operation, make oral comments or submit written Constitution Avenue NW, Washington, statements for consideration. Due to maintenance, and purchase of services DC 20224, or through the internet at to provide information. limited conference lines, notification of [email protected]. intent to participate must be made with Approved: September 5, 2018. SUPPLEMENTARY INFORMATION: Otis Simpson. For more information Laurie Brimmer, please contact Otis Simpson at 1–888– Title: Employer Credit for Paid Family and Medical Leave. Senior Tax Analyst. 912–1227 or 202–317–3332, or write OMB Number: 1545–XXXX. [FR Doc. 2018–19628 Filed 9–10–18; 8:45 am] TAP Office, 1111 Constitution Ave. NW, Form Number: 8994. BILLING CODE 4830–01–P Room 1509, Washington, DC 20224 or Abstract: The law establishes a credit contact us at the website: http:// for employers that provide paid family www.improveirs.org. The agenda will DEPARTMENT OF THE TREASURY and medical leave to employees. This is include various IRS issues. Gregory a general business credit employers may Giles. For more information please Internal Revenue Service claim, based on wages paid to qualifying contact Gregory Giles at 1–888–912– employees while they are on family and Open Meeting of the Taxpayer 1227 or 240–613–6478, or write TAP medical leave, subject to certain Advocacy Panel Special Projects Office, 1111 Constitution Ave. NW, conditions. The credit is for wages paid Committee Room 1509, Washington, DC 20224 or beginning after December 31, 2017 and contact us at the website: http:// it is not available for wages paid AGENCY: Internal Revenue Service (IRS), www.improveirs.org. The agenda will beginning after December 31, 2019. Treasury. include various IRS issues. Current Actions: This is a new form. ACTION: Notice of meeting. The agenda will include a discussion Type of Review: Approval of a new on various letters, and other issues collection. SUMMARY: An open meeting of the related to written communications from Affected Public: Business or other for- Taxpayer Advocacy Panel Special the IRS. profit organizations. Projects Committee will be conducted. The Taxpayer Advocacy Panel is Dated: September 1, 2018. Estimated Number of Respondents: 660,000. soliciting public comments, ideas, and Kevin Brown, Estimated Time per Respondent: 1 hr. suggestions on improving customer Acting Director, Taxpayer Advocacy Panel. 55 min. service at the Internal Revenue Service. [FR Doc. 2018–19629 Filed 9–10–18; 8:45 am] Estimated Total Annual Burden DATES: The meeting will be held BILLING CODE 4830–01–P Hours: 1,280,400. Wednesday, October 17, 2018.

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FOR FURTHER INFORMATION CONTACT: specific information collection listed minimize the burden of the collection of Matthew O’Sullivan at 1–888–912–1227 below. You must reference the information on respondents, including or (510) 907–5274. information collection’s title, form through the use of automated collection SUPPLEMENTARY INFORMATION: Notice is number, reporting or record-keeping techniques or other forms of information hereby given pursuant to Section requirement number, and OMB number technology; and (e) estimates of capital 10(a)(2) of the Federal Advisory (if any) in you comment. or start-up costs and costs of operation, Committee Act, 5 U.S.C. App. (1988) FOR FURTHER INFORMATION CONTACT: maintenance, and purchase of services that a meeting of the Taxpayer Requests for additional information or to provide information. Advocacy Panel Special Projects copies of the form and instructions Approved: September 4, 2018, Committee will be held Wednesday, should be directed to Charles Daniel at Laurie Brimmer, October 17, 2018, at 2:00 p.m. Eastern (202) 317–5754, at Internal Revenue Senior Tax Analyst. Time via teleconference. The public is Service, Room 6529, 1111 Constitution [FR Doc. 2018–19624 Filed 9–10–18; 8:45 am] invited to make oral comments or Avenue NW, Washington, DC 20224, or submit written statements for through the internet, at BILLING CODE 4830–01–P consideration. Due to limited [email protected]. conference lines, notification of intent SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE TREASURY to participate must be made with Title: Coverdell ESA Contribution Matthew O’Sullivan. For more Information. Internal Revenue Service information please contact Matthew OMB Number: 1545–1815. O’Sullivan at 1–888–912–1227 or (510) Form Number: 5498–ESA. Open Meeting of the Taxpayer 907–5274, or write TAP Office, 1301 Abstract: Form 5498–ESA is used by Advocacy Panel Tax Forms and Clay Street, Oakland, CA 94612–5217 or trustees or issuers of Coverdell Publications Project Committee contact us at the website: http:// Education Savings accounts to report AGENCY: Internal Revenue Service (IRS), www.improveirs.org. The agenda will contributions and rollovers to these Treasury. include various IRS issues. accounts to beneficiaries. The agenda will include a discussion Current Actions: There are no changes ACTION: Notice of meeting. on various special topics with IRS being made to the form at this time. SUMMARY: An open meeting of the processes. Type of Review: Extension of a Taxpayer Advocacy Panel Tax Forms currently approved collection. Dated: September 1, 2018. and Publications Project Committee will Affected Public: Business or other for- Kevin Brown, be conducted. The Taxpayer Advocacy profit organization. Acting Director, Taxpayer Advocacy Panel. Panel is soliciting public comments, Estimated Number of Responses: [FR Doc. 2018–19626 Filed 9–10–18; 8:45 am] ideas and suggestions on improving 315,500. BILLING CODE 4830–01–P customer service at the Internal Revenue Estimated Time per Response: 7 Service. minutes. DATES: The meeting will be held DEPARTMENT OF THE TREASURY Estimated Total Annual Burden Hours: 37,860. Wednesday, October 10, 2018. Internal Revenue Service The following paragraph applies to all FOR FURTHER INFORMATION CONTACT: of the collections of information covered Robert Rosalia at 1–888–912–1227 or Proposed Collection; Comment by this notice: (718) 834–2203. Request for Form 5498–ESA An agency may not conduct or SUPPLEMENTARY INFORMATION: Notice is sponsor, and a person is not required to hereby given pursuant to section AGENCY: Internal Revenue Service (IRS), respond to, a collection of information Treasury. 10(a)(2) of the Federal Advisory unless the collection of information Committee Act, 5 U.S.C. App. (1988) ACTION: Notice and request for displays a valid OMB control number. that an open meeting of the Taxpayer comments. Books or records relating to a collection Advocacy Panel Tax Forms and of information must be retained as long SUMMARY: The Internal Revenue Service, Publications Project Committee will be as their contents may become material as part of its continuing effort to reduce held Wednesday, October 10, 2018, at in the administration of any internal paperwork and respondent burden, 2:00 p.m. Eastern Time via revenue law. Generally, tax returns and invites the general public and other teleconference. The public is invited to tax return information are confidential, Federal agencies to take this make oral comments or submit written as required by 26 U.S.C. 6103. opportunity to comment on proposed statements for consideration. Due to Request for Comments: Comments and/or continuing information limited conference lines, notification of submitted in response to this notice will collections, as required by the intent to participate must be made with be summarized and/or included in the Paperwork Reduction Act of 1995. Robert Rosalia. For more information request for OMB approval. All Currently, the IRS is soliciting please contact Robert Rosalia at 1–888– comments will become a matter of comments concerning Form 5498–ESA, 912–1227 or (718) 834–2203, or write public record. Comments are invited on: Coverdell ESA Contribution TAP Office, 2 Metrotech Center, 100 (a) Whether the collection of Information. Myrtle Avenue, Brooklyn, NY 11201 or information is necessary for the proper contact us at the website: http:// DATES: Written comments should be performance of the functions of the www.improveirs.org. The agenda will received on or before November 13, agency, including whether the include various IRS issues. 2018 to be assured of consideration. information shall have practical utility; Dated: September 1, 2018. ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate to Laurie Brimmer, Internal Revenue of the burden of the collection of Kevin Brown, Service, Room 6529, 1111 Constitution information; (c) ways to enhance the Acting Director, Taxpayer Advocacy Panel. Avenue NW, Washington, DC 20224. quality, utility, and clarity of the [FR Doc. 2018–19635 Filed 9–10–18; 8:45 am] Please send separate comments for each information to be collected; (d) ways to BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY collections, as required by the performance of the functions of the Paperwork Reduction Act of 1995. The agency, including whether the Internal Revenue Service IRS is soliciting comments concerning information has practical utility; (b) the Travel Expenses of State Legislators. accuracy of the agency’s estimate of the Open Meeting of the Taxpayer DATES: Written comments should be burden of the collection of information; Advocacy Panel Joint Committee received on or before November 13, (c) ways to enhance the quality, utility, AGENCY: Internal Revenue Service (IRS), 2018 to be assured of consideration. and clarity of the information to be Treasury. ADDRESSES: Direct all written comments collected; (d) ways to minimize the burden of the collection of information ACTION: Notice of meeting. to Laurie Brimmer, Internal Revenue Service, Room 6526, 1111 Constitution on or other forms of information SUMMARY: An open meeting of the Avenue NW, Washington, DC 20224. technology; and (e) estimates of capital or start-up costs and costs of operation, Taxpayer Advocacy Panel Joint FOR FURTHER INFORMATION CONTACT: maintenance, and purchase of services Committee will be conducted. The Requests for additional information or to provide information. Taxpayer Advocacy Panel is soliciting copies of the regulation should be public comments, ideas, and directed to Martha R. Brinson, at Approved: August 28, 2018. suggestions on improving customer (202)317–5753, or at Internal Revenue Laurie Brimmer, service at the Internal Revenue Service. Service, Room 6526, 1111 Constitution Senior Tax Analyst. DATES: The meeting will be held Avenue NW, Washington, DC 20224, or [FR Doc. 2018–19622 Filed 9–10–18; 8:45 am] Thursday, October 25, 2018. through the internet at BILLING CODE 4830–01–P FOR FURTHER INFORMATION CONTACT: Fred [email protected]. Smith at 1–888–912–1227 or (202) 317– SUPPLEMENTARY INFORMATION: 3087. Title: Travel Expenses of State DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: Notice is Legislators. hereby given pursuant to Section OMB Number: 1545–2115. Internal Revenue Service 10(a)(2) of the Federal Advisory Regulation Project Number: TD 9481. Abstract: This document contains Proposed Collection; Comment Committee Act, 5 U.S.C. App. (1988) Request for Regulation Project that an open meeting of the Taxpayer regulations relating to travel expenses of Advocacy Panel Joint Committee will be state legislators. The regulations affect AGENCY: Internal Revenue Service (IRS), held Thursday, October 25, 2018, at 1:00 state legislators who make the election Treasury. p.m. Eastern Time via teleconference. under section 162(h) of the Internal ACTION: Notice and request for The public is invited to make oral Revenue Code to treat their residences comments. comments or submit written statements in their legislative districts as their tax for consideration. For more information homes. SUMMARY: The Internal Revenue Service please contact Fred Smith at 1–888– Current Actions: There is no change to (IRS), as part of its continuing effort to 912–1227 or (202) 317–3087, or write this existing regulation. reduce paperwork and respondent TAP Office 1114 Commerce Street, Type of Review: Extension of a burden, invites the general public and Dallas, TX 75242–1021, or post currently approved collection. other Federal agencies to take this comments to the website: http:// Affected Public: Individuals and opportunity to comment on information www.improveirs.org. Households. collections, as required by the The agenda will include various Estimated Number of Responses: Paperwork Reduction Act of 1995. The committee issues for submission to the 7,400. IRS is soliciting comments concerning IRS and other TAP related topics. Public Estimated Time per Response: 30 Limitations on Percentage Depletion in input is welcomed. minutes. the Case of Oil and Gas Wells. Estimated Total Annual Burden DATES: Written comments should be Dated: September 1, 2018. Hours: 3,700. Kevin Brown, received on or before November 13, The following paragraph applies to all 2018 to be assured of consideration. Acting Director, Taxpayer Advocacy Panel. of the collections of information covered ADDRESSES: [FR Doc. 2018–19633 Filed 9–10–18; 8:45 am] by this notice: Direct all written comments to Laurie Brimmer, Internal Revenue BILLING CODE 4830–01–P An agency may not conduct or sponsor, and a person is not required to Service, Room 6526, 1111 Constitution respond to, a collection of information Avenue NW, Washington, DC 20224. DEPARTMENT OF THE TREASURY unless the collection of information FOR FURTHER INFORMATION CONTACT: displays a valid OMB control number. Requests for additional information or Internal Revenue Service Books or records relating to a copies of the regulation should be collection of information must be directed to Martha R. Brinson, at Proposed Collection; Comment retained as long as their contents may (202)317–5753, or at Internal Revenue Request for Regulation Project become material in the administration Service, Room 6526, 1111 Constitution AGENCY: Internal Revenue Service (IRS), of any internal revenue law. Generally, Avenue NW, Washington, DC 20224, or Treasury. tax returns and tax return information through the internet at ACTION: Notice and request for are confidential, as required by 26 [email protected]. comments. U.S.C. 6103. SUPPLEMENTARY INFORMATION: Request for Comments: Comments Title: Limitations on Percentage SUMMARY: The Internal Revenue Service submitted in response to this notice will Depletion in the Case of Oil and Gas (IRS), as part of its continuing effort to be summarized and/or included in the Wells. reduce paperwork and respondent request for OMB approval. Comments OMB Number: 1545–1251 burden, invites the general public and will be of public record. Comments are Regulation Project Number: TD 8437 other Federal agencies to take this invited on: (a) Whether the collection of Abstract: This regulation concerns oil opportunity to comment on information information is necessary for the proper and gas property held by partnerships.

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Because the depletion allowance with DEPARTMENT OF THE TREASURY Communications Project Committee will respect to production from domestic oil be conducted. The Taxpayer Advocacy and gas properties is computed by the Internal Revenue Service Panel is soliciting public comments, partners and not by the partnership, ideas, and suggestions on improving Open Meeting of the Taxpayer section 1.613A–3(e)(6)(i) of the customer service at the Internal Revenue Advocacy Panel Taxpayer Assistance Service. regulation requires each partner to Center Improvements Project separately keep records of the partner’s Committee DATES: The meeting will be held share of the adjusted basis in each oil Tuesday, October 16, 2018. AGENCY: Internal Revenue Service (IRS) and gas property of the partnership. FOR FURTHER INFORMATION CONTACT: Treasury. Current Actions: There is no change to Antoinette Ross at 1–888–912–1227 or ACTION: this existing regulation. Notice of meeting. (202) 317–4110. Type of Review: Extension of a SUMMARY: The Taxpayer Advocacy SUPPLEMENTARY INFORMATION: Notice is currently approved collection. Panel Taxpayer Assistance Center hereby given pursuant to Section Improvements Project Committee will Affected Public: Business or other for- 10(a)(2) of the Federal Advisory conduct an open meeting and will profit organizations. Committee Act, 5 U.S.C. App. (1988) solicit public comments, ideas, and that an open meeting of the Taxpayer Estimated Number of Responses: suggestions on improving customer Advocacy Panel Taxpayer 1,500,000. service at the Internal Revenue Service. Communications Project Committee will Estimated Time per Response: 2 DATES: The meeting will be held be held Tuesday, October 16, 2018, at minutes Tuesday, October 16, 2018. 2:00 p.m. Eastern Time via Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: teleconference. The public is invited to make oral comments or submit written Hours: 49,450 Gilbert Martinez at 1–888–912–1227 or (737) 800–4060. statements for consideration. Due to The following paragraph applies to all SUPPLEMENTARY INFORMATION: Notice is limited conference lines, notification of of the collections of information covered hereby given pursuant to Section intent to participate must be made with by this notice: 10(a)(2) of the Federal Advisory Antoinette Ross. For more information An agency may not conduct or Committee Act, 5 U.S.C. App. (1988) please contact: Antoinette Ross at 1– sponsor, and a person is not required to that a meeting of the Taxpayer 888–912–1227 or (202) 317–4110, or respond to, a collection of information Advocacy Panel Taxpayer Assistance write TAP Office, 1111 Constitution unless the collection of information Center Improvements Project Committee Avenue NW, Room 1509, National displays a valid OMB control number. will be held Tuesday, October 16, 2018, Office, Washington, DC 20224, or Books or records relating to a collection at 4:00 p.m. Eastern Time. The public is contact us at the website: http:// of information must be retained as long invited to make oral comments or www.improveirs.org. as their contents may become material submit written statements for The committee will be discussing consideration. Due to limited in the administration of any internal various issues related to Taxpayer conference lines, notification of intent revenue law. Generally, tax returns and Communications and public input is to participate must be made with Gilbert welcome. tax return information are confidential, Martinez. For more information please Dated: September 1, 2018. as required by 26 U.S.C. 6103. contact Gilbert Martinez at 1–888–912– Request for Comments: Comments 1227 or 214–413–6523, or write TAP Kevin Brown, submitted in response to this notice will Office 3651 S. IH–35, STOP 1005 AUSC, Acting Director, Taxpayer Advocacy Panel. be summarized and/or included in the Austin, TX 78741, or post comments to [FR Doc. 2018–19631 Filed 9–10–18; 8:45 am] request for OMB approval. Comments the website: http://www.improveirs.org. BILLING CODE 4830–01–P will be of public record. Comments are The committee will be discussing invited on: (a) Whether the collection of various issues related to the Taxpayer DEPARTMENT OF THE TREASURY information is necessary for the proper Assistance Centers and public input is welcomed. performance of the functions of the Internal Revenue Service agency, including whether the Dated: September 1, 2018. information has practical utility; (b) the Kevin Brown, Proposed Collection; Comment accuracy of the agency’s estimate of the Acting Director, Taxpayer Advocacy Panel. Request for Regulation Project burden of the collection of information; [FR Doc. 2018–19634 Filed 9–10–18; 8:45 am] AGENCY: (c) ways to enhance the quality, utility, Internal Revenue Service (IRS), BILLING CODE 4830–01–P Treasury. and clarity of the information to be collected; (d) ways to minimize the ACTION: Notice and request for burden of the collection of information DEPARTMENT OF THE TREASURY comments. on or other forms of information Internal Revenue Service SUMMARY: technology; and (e) estimates of capital The Internal Revenue Service (IRS), as part of its continuing effort to or start-up costs and costs of operation, Open Meeting of the Taxpayer reduce paperwork and respondent maintenance, and purchase of services Advocacy Panel Taxpayer burden, invites the general public and to provide information. Communications Project Committee other Federal agencies to take this Approved: August 28, 2018. AGENCY: Internal Revenue Service (IRS), opportunity to comment on information Laurie Brimmer, Treasury. collections, as required by the Senior Tax Analyst. ACTION: Notice of meeting. Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning [FR Doc. 2018–19623 Filed 9–10–18; 8:45 am] SUMMARY: An open meeting of the Permitted Elimination of Pre-retirement BILLING CODE 4830–01–P Taxpayer Advocacy Panel Taxpayer Optional Forms of Benefit.

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DATES: Written comments should be information has practical utility; (b) the SUPPLEMENTARY INFORMATION: Under the received on or before November 13, accuracy of the agency’s estimate of the PRA of 1995, Federal agencies must 2018 to be assured of consideration. burden of the collection of information; obtain approval from the Office of ADDRESSES: Direct all written comments (c) ways to enhance the quality, utility, Management and Budget (OMB) for each to Laurie Brimmer, Internal Revenue and clarity of the information to be collection of information they conduct Service, Room 6526, 1111 Constitution collected; (d) ways to minimize the or sponsor. This request for comment is Avenue NW, Washington, DC 20224. burden of the collection of information being made pursuant to Section FOR FURTHER INFORMATION CONTACT: on or other forms of information 3506(c)(2)(A) of the PRA. Requests for additional information or technology; and (e) estimates of capital With respect to the following copies of the regulation should be or start-up costs and costs of operation, collection of information, OM invites directed to Martha R. Brinson, at (202) maintenance, and purchase of services comments on: (1) Whether the proposed 317–5753, or at Internal Revenue to provide information. collection of information is necessary Service, Room 6526, 1111 Constitution Approved: August 28, 2018. for the proper performance of OM Avenue NW, Washington, DC 20224, or Laurie Brimmer, functions, including whether the through the internet at Senior Tax Analyst. information will have practical utility; (2) the accuracy of OM estimate of the [email protected]. [FR Doc. 2018–19625 Filed 9–10–18; 8:45 am] burden of the proposed collection of SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P Title: Permitted Elimination of Pre- information; (3) ways to enhance the retirement Optional Forms of Benefit. quality, utility, and clarity of the OMB Number: 1545–1545. information to be collected; and (4) DEPARTMENT OF VETERANS ways to minimize the burden of the Regulation Project Number: TD 8769. AFFAIRS Abstract: This regulation permits an collection of information on amendment of a qualified plan or other [OMB Control No. 2900–0589] respondents, including through the use employee pension benefit plan that of automated collection techniques or eliminates plan provisions for benefit Agency Information Collection the use of other forms of information distributions before retirement age but Activity: Department of Veteran Affairs technology. Acquisition Regulation (VAAR) Clause after age 701⁄2. The regulation affects Authority: Under the PRA of 1995 employers that maintain qualified plans 852.246–76 (Formerly 852.270–3) (Pub. L. 104–13; 44 U.S.C. 3501–3521). and other employee pension benefit AGENCY: The Office of Management Title: Department of Veteran Affairs plans, plan administrators of these plans (OM), Department of Veterans Affairs. Acquisition Regulation (VAAR) Clause 852.246–76 (formerly 852.270–3). and participants in these plans. ACTION: Notice. Current Actions: There is no change to OMB Control Number: 2900–0589. this existing regulation. SUMMARY: The Office of Management Type of Review: Revision of an Type of Review: Extension of a (OM), Department of Veterans Affairs approved collection of information. currently approved collection. (VA), is announcing an opportunity for Abstract: As of the result of the Affected Public: Business or other for public comment on the proposed proposed rule RIN 2900–AQ04, this profit organizations and not-for-profit collection of certain information by the Paperwork Reduction Act submission institutions. agency. Under the Paperwork Reduction seeks modification of Office of Estimated Number of Responses: Act (PRA) of 1995, Federal agencies are Management and Budget (OMB) 135,000. required to publish notice in the approval No. 2900–0589 for collection Estimated Time per Response: 22 Federal Register concerning each of information for both commercial and mins. proposed collection of information, noncommercial item, service, and Estimated Total Annual Burden including each proposed extension of a construction solicitations and contracts Hours: 48,800. currently approved collection, and for clause 852.270–3, Purchase of The following paragraph applies to all allow 60 days for public comment in Shellfish. Clause 852.270–3 is proposed of the collections of information covered response to the notice. to be moved to new section and by this notice: DATES: Written comments and renumbered as 852.246–76 to conform An agency may not conduct or recommendations on the proposed to the FAR requirement to place clauses sponsor, and a person is not required to collection of information should be and their prescriptions in the respond to, a collection of information received on or before November 13, appropriate parts. The contents of the unless the collection of information 2018. clause remain unchanged. There is no displays a valid OMB control number. change in the information collection Books or records relating to a collection ADDRESSES: Submit written comments burden that is associated with this of information must be retained as long on the collection of information through proposed request. An agency may not as their contents may become material Federal Docket Management System conduct or sponsor, and a person is not in the administration of any internal (FDMS) at www.Regulations.gov or to required to respond to a collection of revenue law. Generally, tax returns and Ricky Clark, Office of Acquisition and information unless it displays a tax return information are confidential, Logistics (003A2A), Department of currently valid OMB control number. as required by 26 U.S.C. 6103. Veterans Affairs, 810 Vermont Avenue Request for Comments: Comments NW, Washington, DC 20420 or email to Affected Public: Business or other for- submitted in response to this notice will [email protected]. Please refer to profit and not-for-profit institutions. be summarized and/or included in the ‘‘OMB Control No. 2900–0589’’ in any Estimated Annual Burden: VAAR request for OMB approval. Comments correspondence. During the comment clause 852.246–76 (formerly 852.270– will be of public record. Comments are period, comments may be viewed online 3)—0.41 hour. invited on: (a) Whether the collection of through FDMS. Estimated Average Burden per information is necessary for the proper FOR FURTHER INFORMATION CONTACT: Respondent: VAAR clause 852.246–76 performance of the functions of the Cynthia Harvey-Pryor at (202) 461– (formerly 852.270–3)—1 minute. agency, including whether the 5870. Frequency of Response: On occasion.

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Estimated Number of Respondents: By direction of the Secretary. Clause 852.246–76 (formerly 852.270– Cynthia D. Harvey-Pryor, 3)—25. Department Clearance Officer, Office of Quality, Privacy and Risk, Department of Veterans Affairs. [FR Doc. 2018–19658 Filed 9–10–18; 8:45 am] BILLING CODE 8320–01–P

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Part II

Department of Commerce

Bureau of Industry and Security 15 CFR Part 705 Submissions of Exclusion Requests and Objections to Submitted Requests for Steel and Aluminum; Final Rule

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DEPARTMENT OF COMMERCE Effective date: This interim final rule Requests for Steel and Aluminum (83 is effective September 11, 2018. FR 12106). The March 19 rule also set Bureau of Industry and Security Comments: Comments on this interim forth the requirements that U.S. parties final rule must be received by BIS no must meet when submitting objections 15 CFR Part 705 later than November 13, 2018. to exclusion requests. The March 19 See SUPPLEMENTARY INFORMATION rule amended the National Security [Docket No.: 180227217–8217–02] section for information on submitting Industrial Base Regulations to add two exclusion requests, objections thereto, new supplements, Supplements No. 1 RIN 0694–AH55 rebuttals, and surrebuttals. (for steel exclusion requests) and No. 2 Submissions of Exclusion Requests ADDRESSES: All comments on this (for aluminum exclusion requests) to and Objections to Submitted Requests interim final rule must be submitted by part 705. The Department started this for Steel and Aluminum one of the following methods: process with the publication of the • By the Federal eRulemaking Portal: March 19 rule and is continuing that AGENCY: Office of Technology http://www.regulations.gov. Comments process to make various improvements Evaluation, Bureau of Industry and on this interim final rule may be with the publication of today’s rule. Security, U.S. Department of Commerce. submitted to regulations.gov docket Updates & Improvements to Section 232 ACTION: Interim final rule. number BIS–2018–0016. Steel and Aluminum Exclusion Request • By email directly to and Objection Processes SUMMARY: On March 8, 2018, President [email protected]. Include Trump issued Proclamations 9704 and RIN 0694–AH55 in the subject line. The rule published today by BIS, on 9705 (referred to henceforth as the • By mail or delivery to Regulatory behalf of the Secretary, makes changes ‘‘Proclamations’’), imposing duties on Policy Division, Bureau of Industry and to the two supplements added in the imports of aluminum and steel. The Security, U.S. Department of Commerce, March 19 rule: Supplement No. 1 to Part Proclamations also authorized the Room 2099B, 14th Street and 705—Requirements for Submissions Secretary of Commerce (referred to Pennsylvania Avenue NW, Washington, Requesting Exclusions from the henceforth as the ‘‘Secretary’’) to grant DC 20230. Refer to RIN 0694–AH55. Remedies Instituted in Presidential Proclamation 9705 of March 8, 2018 exclusions from the duties if the FOR FURTHER INFORMATION CONTACT: Brad Secretary determines the steel or Adjusting Imports of Steel Articles into Botwin, Director, Industrial Studies, the United States; and to Supplement aluminum article for which the Office of Technology Evaluation, Bureau exclusion is requested is not ‘‘produced No. 2 to Part 705—Requirements for of Industry and Security, U.S. Submissions Requesting Exclusions in the United States in a sufficient and Department of Commerce (202) 482– reasonably available amount or of a from the Remedies Instituted in 5642, [email protected] regarding Presidential Proclamation 9704 of satisfactory quality’’ or should be provisions in this rule specific to steel excluded ‘‘based upon specific national March 8, 2018 to Adjusting Imports of exclusion requests and (202) 482–4757, Aluminum into the United States. security considerations.’’ [email protected] regarding On March 19, 2018, the Department The rule published today also makes provisions in this rule specific to needed changes to the two supplements issued an interim final rule (referred to aluminum exclusion requests. henceforth as the ‘‘March 19 rule’’), to address the directives included in the SUPPLEMENTARY INFORMATION: setting forth the requirements a directly Presidential Proclamations 9777 and 9776 of August 29, 2018, whereby affected party located in the United Background States must satisfy when submitting President Trump directed that as soon On March 8, 2018, President Trump as practicable, the Secretary of exclusion requests. The March 19 rule issued Proclamations 9704 and 9705, Commerce shall issue procedures for also set forth the requirements that U.S. imposing duties on imports of requests for exclusions described in parties must meet when submitting aluminum and steel. The Proclamations clause 1 and clause 2 of these two objections to exclusion requests. The also authorized the Secretary to grant proclamations to allow for exclusion March 19 rule amended the National exclusions from the duties if the requests for countries subject to Security Industrial Base Regulations to Secretary determines the steel or quantitative limitations. Today’s rule add two new supplements. aluminum article for which the makes changes to add clause 1. The The rule published today by BIS, on exclusion is requested is not ‘‘produced Department has already created a behalf of the Secretary, revises the two in the United States in a sufficient and separate exclusion process for clause 2 supplements added by the March 19 reasonably available amount or of a on the Commerce website at rule. The revisions are informed by the satisfactory quality’’ or should be www.bis.doc.gov/index.php/232-steel, comments received in response to the excluded ‘‘based upon specific national so no changes are made in today’s rule March 19 rule and the U.S. Department security considerations.’’ to address the directive included in of Commerce’s (referred to henceforth as On March 19, 2018, the Department clause 2 of Proclamation 9777. The rule ‘‘the Department’’) experience with issued an interim final rule, setting forth published today will fulfill the managing the exclusion and objection the requirements U.S. businesses must Presidential directives included in the process. The Department understands satisfy when submitting exclusion two most recent Proclamations, as well the importance of having a transparent, requests. On behalf of the Secretary, BIS as the earlier Proclamations that fair and efficient exclusion and published the March 19 rule, directed the Secretary to create an objection process. The publication of Requirements for Submissions exclusion process to ensure users of today’s rule should make significant Requesting Exclusions from the steel and aluminum in the United States improvements in all three respects, but Remedies Instituted in Presidential would continue to have access to the due to the scope of this new process, Proclamations Adjusting Imports of steel and aluminum that they may need. BIS is publishing today’s rule as an Steel into the United States and The changes to the exclusion interim final rule with request for Adjusting Imports of Aluminum into the processes in this rule are informed by comments. United States; and the filing of both the comments received in response DATES: Objections to Submitted Exclusion to the March 19 rule and the

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Department’s experience with managing The publication of today’s rule is an managing the exclusion process. Several the exclusion process. The comments important step in improving the of the SMEs indicated that without an identified a number of areas where exclusion and objection process. efficient exclusion process, it is likely transparency, effectiveness and fairness they may not survive or will face Types of Comments the Department is of the exclusion and objection process significant cut backs in employment and Requesting on Today’s Rule could be improved, including adding a business activities. Larger companies rebuttal and surrebuttal process. The The Department is not seeking indicated that without an efficient Department has incorporated changes comments on the duties and exclusion process, it is likely that major based on many of those comments and quantitative limitations or the exclusion projects that they may have otherwise has also included other process and objection process overall, but rather undertaken will likely not be improvements. The publication of on whether the specific changes undertaken. Commenters from the oil today’s rule should make significant included in this second interim final and gas industries and petrochemical improvements in all three respects, but rule have addressed earlier concerns industries hit on these points. because of the scope of this new with the exclusion and objection Many downstream manufacturers that process, BIS is publishing today’s rule process. Comments specific to the use steel and aluminum were as a second interim final rule with changes included in today’s rule will be particularly concerned with suffering request for comments. the most helpful for the Department to from higher input costs, while at the Since March 19, the Department has receive, including comments on how same time having to compete directly worked to develop its exclusion process the changes (e.g., the adding of a with foreign competitors in other to ensure that the duties and rebuttal and surrebuttal to the process) countries; e.g., China, but also countries quantitative limitations protect our interact with the established exclusion such as Canada and Mexico. Many national security while also minimizing and objection process and whether the commenters argued that the exclusion undue impacts on downstream U.S. commenters believe these changes process was overly and unnecessarily industries. Two specific Commerce improve the exclusion and objection restrictive and did not take into account components have worked closely in this process by making it more transparent, how steel and aluminum are procured effort: BIS and the International Trade fair and efficient, as well as highlighting and used in the United States. Administration (ITA). BIS is the lead any unintended consequences of the Commenters supporting and opposing agency deciding whether to grant steel changes made in today’s rule. the duties and quantitative limitations submitted comments on what they and aluminum tariff exclusion requests, Public Comments and BIS Responses and ITA is analyzing requests and thought needed to be changed in the objections to evaluate whether there is The public comment period on the exclusion and the objection process to domestic production available to meet March 19 rule closed on May 18, 2018. make it more fair, efficient and effective. the requestor’s product needs, as BIS received 67 public comments on the Commenters included references to provided in the exclusion requests. interim final rule. Most of the comments arbitrary and capricious government Since March 19, the Department has were well thought out and supported action and laid out from their diligently worked to develop its their positions with a great deal of perspective how the exclusion and exclusion process to ensure that the specificity. Many commenters made objection process could be legally duties and quantitative limitations comments on the imposition of duties challenged if not improved. protect critical U.S. national security and quantitative limitations and Concerns With Unintended while minimizing undue impacts on whether or not that was a good idea. Downstream Impacts That Steel and downstream U.S. industries. The Those comments are outside the scope Aluminum Duties and Quantitative Department has already taken several of the March 19 rule that was focused Limitations Will Have on U.S. steps to improve the exclusion process, on creating an exclusion and objection Manufacturers and Consumers including expediting the grant of process, thus the Department is not properly filed exclusion requests that summarizing or providing responses to The Department received a significant receive no objections and present no those general comments on the duties number of detailed comments that national security concerns, as well as and quantitative limitations. The raised concerns in this area. The increasing and organizing the Department is responding to comments comments came from a broad spectrum Department’s staff to efficiently process regarding concerns on the downstream of U.S. industries, including many exclusion requests. The publication of impacts of U.S. manufacturers that use major sectoral employers. The creation today’s rule provides an exclusion steel and aluminum, which is directly of an effective product based exclusion/ process for steel and aluminum articles relevant to whether the exclusion objection process (and with the subject to quantitative limitations and is process created in the March 19 rule is publication of today’s rule, a rebuttal/ an important step in further improving efficient enough to mitigate those surrebuttal process) is intended to the exclusion request and objection downstream end users’ concerns. address as many of these types of process, including through the addition Commenters were generally concerns as possible. As detailed below, of a rebuttal and surrebuttal process. supportive and welcomed the idea of many commenters do not believe that As of August 20, the Department had creating an exclusion process, but most the exclusion/objection process is received more than 38,000 exclusion of the commenters believed the effective and that because of how requests and more than 17,000 exclusion process was not working well products are sourced and used in the objections. To streamline the exclusion and needed to be significantly improved manufacturing process, it is unlikely to review process, the Department has in order for it to achieve the intended succeed. already taken steps to expedite the purpose. The commenters covered a Comment (a)(1): Concerns for granting of properly filed exclusion broad range of industries and included unintended downstream impacts for requests which receive no objections some of the largest companies in the U.S. manufacturers. A small and present no national security world, along with small to mid-size manufacturer noted that a 25 percent ad concerns. The Department has also (SME) enterprises expressing significant valorem duty increases their Cost of worked to increase and organize its staff concern over the duties and quantitative Goods Sold (COGS) by 7 percent, which to efficiently process exclusion requests. limitations and the difficulties in can be the difference between

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profitability and loss for their employee- United States in adequate quantity or significantly mitigate these concerns. owned company. This commenter noted quality. U.S. steel and aluminum manufacturers that it has been portrayed in the media Comment (a)(1)(ii): Recommends are already starting to increase that this duty will have an impact of one additional analysis is done of the production, and the exclusion process half of one percent on the total cost of downstream impact of duties and will be there to fill any temporary gaps U.S. produced product. This commenter quantitative limitations. Some in the U.S. supply to ensure that noted that its potential impact is commenters recommended the companies, such as those involved in oil fourteen times that. Many additional Department review, on a regular basis, and gas exploration and production and commenters provided additional the impact of duties and quantitative the automotive industry, will have the examples from their experience. One limitations on the economy and steel and aluminum they need to manufacturer of dump bodies for dump downstream users and develop and continue to invest in the United States. trucks asserted that a 25 percent implement a plan to sunset them if they Comment (a)(1)(iv): Consumers will increase in steel prices would result in prove to have a significant unintended face increased prices. Commenters impact. These commenters urged the noted that the cost of their finished an ‘‘11 percent increase in wholesale Department to consider the unintended goods will increase because of the product price’’ for the company. A consequences of these duties and duties and quantitative limitations and commercial construction company quantitative limitations in any review. those increases will be passed to asserted that ‘‘steel building suppliers One such consequence would be consumers. A commenter noted that in increased [their prices by] 25–29 companies further down the supply order to compensate for their increased percent overnight and will only hold chain importing finished goods at lower steel cost they will be forced to raise pricing for 15 days.’’ The company prices instead of purchasing higher- their finished product cost by at least 8 anticipates price increases ‘‘across the priced U.S. manufactured goods from percent. ‘‘That may seem like a small board on more subcontractors and companies that imported raw and semi- margin, but in today’s global market that suppliers’’ as they anticipate a shortage. finished materials subject to duties and is enough to cause a company to be Another downstream manufacturer quantitative limitations. forced to relocate manufacturing outside asked ‘‘how the Department will BIS response: The Secretary has of the U.S., import finished foreign monitor and report on the effect of this directed the Department economists to product, or ultimately to close their tariff on the primary manufacturers of regularly review the impacts of the steel doors completely.’’ Another commenter aluminum in the U.S., let alone and aluminum duties and quantitative noted that for 84 years in Harlan, Iowa downstream industries, which were limitations, including on downstream this company has been a manufacturer ignored in the 232 report?’’ Other sectors. The Secretary will present this of spare parts for mills used to make commenters noted that it is not only the information to the President for his animal feed in the agriculture industry. 232 duties and quantitative limitations consideration as appropriate. The duties and quantitative limitations that are putting pressure on these U.S. Comment (a)(1)(iii): Higher input will drastically increase their costs and manufacturers, but also the other costs for steel and aluminum will have U.S. feed suppliers will see an increase various trade remedies that the U.S. has a chilling effect on capital intensive in production costs to produce feed, implemented. investments that require a large amount leading to an increase in the cost of our of steel and aluminum, e.g., for energy BIS response: The Department food. exploration and production or understands that the consistent message BIS response: The Department agrees petrochemical production. Commenters there may be some short term price from these commenters is that they are from major trade associations for oil and adjustments that may reach consumers, feeling pressure from the duties and gas exploration noted that a process that but we believe that the price increases quantitative limitations, and in many generally involves granting only one- at the consumer level will be minimal. cases the commenters believe the costs year product exclusions would impede The Secretary has, as noted above, also may not be absorbable by these the ability to plan for the long term by directed the Department economists to companies and the market. This puts introducing significant uncertainties as regularly review the impacts of the steel pressure on the U.S. steel and to when, whether, where, and at what and aluminum duties and quantitative aluminum industries to ramp up price the member companies can limitations, including on downstream production and in the interim for an purchase the steel inputs needed to sectors. effective exclusion process to fill the bring U.S. oil and natural gas projects to void. The Department understands that fruition. Planning and locking in cost Concerns Over the U.S. Supply Chain and is taking steps to ensure the projections for equipment and materials and Comments Asserting That the exclusion process is efficient enough to is often key to determining whether a Exclusion Objection Process Are fill the void to avoid any unintended project’s economics merit approval. Inefficient and Not Consistent With economic impact to downstream U.S. Other major industry associations, such Business Practices, Regulatory industries. The changes made in today’s as a trade association for the auto Requirements, and Contractual rule will improve the efficiency of the industry, identified an impact on Agreements for Sourcing Materials process and address these comments. investments in the U.S. that they Comment (b)(1): Concern that The Department will be monitoring the attribute to the duties and quantitative exclusion process is not consistent with domestic aluminum and steel limitations. These commenters believe business procurement practices. industries, as well as industries the duties and quantitative limitations Commenters asserted that the exclusion consuming steel and aluminum, to will have an impact on these process does not take into account regularly evaluate the competitiveness manufacturers, the jobs they create, and several key aspects of how the U.S. of U.S. industry. The exclusion process ultimately the American consumer. supply chain functions. A commenter is available to individuals and BIS response: The Department asserted that companies generally companies to ensure that they can believes an effectively managed and classify their suppliers into a multi- obtain adequate supply of steel and configured exclusion/objection process, tiered list, such as acceptable, approved, aluminum products of size, shape, and with a rebuttal/surrebuttal process being and preferred. Each of these tiers function that are not available in the added with today’s rule, will indicates the compliance with quality

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standards based on years of experience producer’s product will meet the BIS response: The Department with a supplier’s product. Even after a specifications necessary to perform as understands that in the types of supplier adds new capacity, additional required for many of these safety-critical scenarios described by these time is needed for purchasers of steel to parts. commenters the usefulness of an technically qualify these new mills/ BIS response: The Department, when exclusion may be limited or obtaining lines. Adding a new supplier to an evaluating whether suitable quality of additional exclusions to cover approved manufacturers list is a lengthy steel or aluminum supply exists in the additional sourcing activity may be process, taking as long as three years as United States, can take into account the needed. The Department believes that a company wants to be assured of a types of factors asserted here by the some of the concerns may be overstated supplier’s ability to manufacture a commenters in two respects. First, these and that, based on past procurement product to a given standard considerations may be taken into activities, patterns of steel and consistently. account when deciding whether to grant aluminum procurement can be BIS response: The exclusion process an exclusion request and second, these identified to significantly limit the total created in the supplements added in the considerations may be taken into number of exclusions that may need to March 19 rule and the Proclamations account when determining the be requested. These organizations may include criteria requiring suitable appropriate validity period for an also attempt to begin sourcing more of quality of U.S. steel and aluminum to exclusion request. As described below, their steel and aluminum procurement deny an exclusion request. The detailed regulatory changes that add paragraphs needs from U.S. manufacturers. Today’s form for requesting exclusions and the (c)(6)(i) and (ii) to better define the rule nevertheless clarifies in (c)(2) in form for submitting objections are exclusion review criteria and paragraph both supplements that the exclusion intended to provide enough information (h)(2)(iv) to provide additional context request forms do allow for minimum for individuals and companies to for how the Department determines the and maximum dimensions, as well as determine whether in fact a U.S. appropriate validity for exclusions will clarifying that ranges are acceptable supplier can supply the steel or be responsive to these comments. when the manufacturing process aluminum in the quantities and quality Comment (b)(3): A one year window is permits small tolerances. A permissible needed. If a U.S. supplier objects to an range must be within the minimum and not consistent with the way many raw exclusion request, the burden is on that maximum range that is specified in the materials are sourced. One commenter supplier to demonstrate that the tariff provision and applicable legal asserted that the restriction of exclusion should be denied because of notes for the provision. These changes exclusions to specific supplier and failure to meet the specified criteria. As to paragraph (c)(2) will also help country of origin combinations may described below in the regulatory address some of the concerns raised by make it difficult for the commenter to changes, today’s rule is adding these commenters. additional text to paragraph (d)(4) in the actually use an exclusion if one were Comment (b)(3)(i): Exclusion process two supplements to provide greater granted because the company does not and timeline are difficult to align with specificity for objections, which will be have visibility as to the country of origin real-world purchasing and contract responsive to these types of comments. or producer when sourcing aluminum decisions. One commenter asserted that Today’s rule adding a rebuttal process to through traders. At the time the like many companies, it makes purchase paragraph (f) to allow requesters of commenter makes minimum purchase decisions on a calendar year basis. For exclusions to rebut information commitments, it does not know which calendar year 2018, this company has included in an objection to their traders will have inventory from which already obligated itself to purchase exclusion request will also improve the specific countries or which markets will guaranteed minimum amounts from process and address these types of have the most favorable pricing. In order certain suppliers. The company has concerns raised by these commenters. to obtain an exclusion for its purchases already obligated itself to purchase Comment (b)(2): Factors beyond an from traders, the commenter would certain volumes for 2019 and expects to importer’s control may limit their ability have to apply for an exclusion for each sign purchase contracts for the to change suppliers. Commenters product from every market from which remaining volume for 2019 in mid to asserted that regulatory requirements the commenter’s traders could late 2018. Even if the exclusion requests often limit the ability for U.S. reasonably be expected to source are renewable at the end of their one- manufacturers to make changes in the product. Another commenter asserted year term, this company is concerned it inputs, e.g., in the medical area or food that a problem could arise when the will be forced to make 2020 purchasing products area. Offshore drilling and product delivered is not identical to commitments without knowing whether aircraft are other examples. Therefore, what is ordered. In some instances, even the full year’s purchases will be subject making changes in suppliers may not be though this commenter may place an to duties or not. permissible, or if it is, it may be order for one grade of aluminum, it BIS response: The Department expensive and/or time consuming. One might receive a better grade when there understands the concerns being raised. commenter asserted that under Federal is a larger inventory of the higher graded Organizations, such as those that need Food and Drug Administration product and the price differential is to make purchasing decisions multiple regulations, substitution of the foil small. If an exclusion is limited to a years out in the future, should include substrate could take two to ten years for specific grade and chemical in the exclusion request information to approval, depending on use in composition of aluminum, the that effect. This type of information may packaging for food or medical devices. commenter would be forced to pay the be used to support a validity period for Another commenter asserted that given tariff to use the product that was longer than one year. As noted above, the low volume and high investment delivered. If the aluminum user must this rule adds paragraph (h)(2)(iv) to necessary to manufacture and smelt reject a shipment and wait for the provide greater transparency in how the some specialty products for vehicles, specific grade covered by an exclusion, Department determines the appropriate many U.S. steel producers simply have that could cause delays in its validity date for exclusions and this will decided not to enter into these markets. production process which could result be responsive to these types of It can take many years for a company to in damages being assessed by its comments. The March 19 rule did not test and validate that a material customers. include any type of grandfathering

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provisions for existing purchase well as new capacity. Today’s rule adds BIS response: The Department and contracts, and today’s rule does not add greater specificity on the review criteria other parts of the U.S. Government as any grandfathering provisions. for exclusions under new paragraph appropriate will review this issue and However, there is nothing that would (c)(6) and objections under revised address as needed. preclude an individual or organization paragraph (d)(4). These changes will be Comment (c)(2): Concern that in the U.S. that has an existing purchase responsive to these types of comments. openness of exclusion process will allow contract from applying for an exclusion for foreign profiteering because request to cover the scope of that Increases in Costs for Steel and importers granted exclusions will be purchase agreement. To the extent that Aluminum in the U.S. That Exceed the locked in to specific foreign suppliers. such exclusion request can meet the Duties Because of the amount of confidential existing criteria in the supplements and Some commenters provided detailed business information required on the Proclamations, the Department could comments on what they perceived to be exclusion forms, it will allow for foreign approve that request and take into profiteering that may be occurring in the suppliers and competitors to increase account the existence of a purchase U.S. As described above, some of this their prices. A commenter asserted that contract in determining the appropriate may be short term adjustments that are they are concerned that limiting validity period. The existence of a not warranted by market fundamentals exclusions only to the suppliers, purchase contract would not be that should level out. countries of origin, and quantities determinative, however, as the Comment (c)(1): Concerns over indicated in the exclusion request, while at the same time making all of this Department must also take into account profiteering by certain U.S. information public will create pricing, any objections that are filed and the manufacturers of steel and aluminum or anti-trust, or customer-relation timeframe in which U.S. supply may be other parties that supply downstream concerns. For example, once suppliers available. manufacturers with steel and Comment (b)(4): Other concerns with know that their company is limited only aluminum. One commenter asserted quality or domestic supply. Some to sourcing through them if their that it is not just importers being commenters asserted that lead times are company wants the product to be impacted by the duties and quantitative long to make changes to the supply covered by an exclusion, they will have limitations. This commenter currently chain, including sometimes requiring pricing power over the commenter and purchases all of its steel and aluminum OEM approvals before changing. may raise prices because they know the from domestic sources, but is concerned Because one trade association’s commenter has no other choice but to members supply to the automotive and that duties and quantitative limitations buy from them. Another possible aerospace industry, the process to will allow the steel companies to raise unintended consequence was change raw material suppliers is closely their material prices significantly, even highlighted by one commenter that followed by and often approved by their beyond the 25 percent competitive asserted their competitors will know OEM customers. The association’s advantage provided by the tariff. which suppliers and countries of origin members have long-term customer Another commenter, a manufacturer of they will need to purchase from and contracts based on these approvals, and garage doors that buys 90 percent of its could attempt to fully book the supply changes to the terms of those contracts raw materials in the U.S., commented so as to force the commenter to use are lengthy and time consuming. Other that ‘‘the tariffs have given the domestic more expensive materials that make the commenters raised concern about manufacturers the ability to raise prices commenter’s finished products obtaining products where there is not in excess of 28% this quarter.’’ The uncompetitive. sufficient U.S. supply. For example, company fears that this increase will be BIS response: The Department does some commenters asserted that many impossible to pass on to its customers not agree that importers granted specialty steel and aluminum materials (national home builders). A trade exclusions will be locked in to specific used in vehicle components are not association commenter expressed foreign suppliers. The approved available domestically. There may be concern that market manipulation exclusions will be specific to specified only a few producers in the world—in would cause the Midwest Premium to countries and suppliers, but domestic some cases only one or two—that can spike and the U.S. market to become users are not precluded from submitting source the grade of specialty materials more attractive to global aluminum a new exclusion request if that type of needed to meet component suppliers, thereby drawing additional profiteering or anticompetitive activity specifications. Examples cited include supply into the market and occurred by a foreign party. undermining the Department’s Section wire used in steel-belted radial tires and Is the exclusion objection process specialty metals used in fuel injectors. 232 remedy. The commenter making supply issues worse for For domestic manufacturers, it is not a recommended that the Department downstream manufacturers in U.S.? question of whether they can produce follow the suggestion of Chairman these materials, but instead whether Hatch and Ranking Member Wyden to Comment (d)(1): Commenters arguing production of these niche materials will ‘‘[c]oordinate with the Department of that the inefficient exclusion process is be cost-effective and provide a return on Justice and Federal Trade Commission part of the problem and making issues investment. to ensure that effective mechanisms are worse. Many commenters expressed BIS response: The Department is in place to deter and to redress any concern that the product exclusion reviewing exclusion applications from anticompetitive conduct in the market process, as set forth in the March 19 domestic industry, and related for products that are subject to the rule, is not working well. One objections (and will do the same for Section 232 tariffs [duties and commenter asserted that the mechanism rebuttals/surrebuttals), on a case-by-case quantitative limitations] and product set up to assess these requests fails to basis in a fair and transparent process. exclusion process,’’ including address the economic impact done to The Department will assess whether ‘‘[m]echanisms . . . for the public to domestic manufacturing and opens up manufacturing capability can meet the report perceived anticompetitive the U.S. to additional national security technical parameters for the specific behavior in respect of such products risks. Other commenters asserted that article in question, including if idle and prompt review of those reports by the volume of requests slows the entire capacity is being brought back online as the appropriate authorities.’’ process and that unnecessary

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limitations on the scope of the exclusion estimate for how many exclusion appreciated the opportunity to comment requests create an untenable burden on requests would be received. on the Department’s March 19 rule and the parties as well as the Department. BIS response: The commenter is the look forward to working with the Commenters asserted that the current only commenter that mentioned a Department to ensure that the exclusion exclusion process prevents requesters concern about four hours not being a request process is fair, inclusive, and from being able to receive an exclusion sufficient amount of time to gather the effective. Commenters asserted that they quickly enough in the short-term to information. Therefore, the Department understand the need for BIS to manage avoid disruption to their supply chain, believes the original estimate of four the product exclusion request process in and prevents them from being able to hours to gather the information and fill a fair and transparent manner while prepare in the long-term due to the short out the exclusion and objection forms is taking appropriate account of the scope of any approved exclusion still an accurate estimate and makes no Proclamations’ goals of ensuring request. Requiring a business to adjustments in that estimate. It is now sufficient U.S. production of steel and accurately predict its usage for the year, clear, however, that the Department aluminum to meet fundamental national they contend, prevents the business underestimated the number of exclusion security requirements. These from being able to adjust or adapt to any requests and objections that would be commenters believe several aspects of changes in the market. And they assert filed. Although the estimates included the supplements and forms added in the that the lack of clarity around the in the March 19 rule were based on the March 19 rule should be modified or process means that no company Department’s good faith estimate at the clarified consistent with those goals. submitting a request has any idea if it time, the Department now has more BIS response: The Department will receive an exclusion, despite information and experience that it can appreciates the support for the having disclosed some of its most rely upon to project an annual number exclusion/objection process, as well as sensitive proprietary information. They of exclusion requests. As described later the comments provided to improve the worry that requesters in similar in the Rulemaking Section, the process. The Department believes with situations will find themselves treated Department revises the exclusion form the publication of today’s rule, the in a disparate manner as the Department paperwork collection, as well as the exclusion/objection process (along with determines how it will approach the objection form paperwork collection to the rebuttal/surrebuttal process being relevant criteria. Finally, they assert that reflect the new estimates of the burden, added) will be significantly improved. as well as expanding both collections to the complexity of the process, in Arbitrary and Capricious, Lacks Basic account for the rebuttal/surrebuttal particular the amount of information Due Process, Not Transparent, and Not process today’s rule is adding. The required, discourages participation in Fair the exclusion process. Department believes the new numbers BIS response: The Department should be much more accurate. The The comments described here are also understands the importance of a Department took the changes being referenced and addressed in other parts transparent, effective, and fair made in today’s rule into account when of this preamble and the regulatory exclusion/objection process, as well as developing the updated estimates for changes made below. The intent of the having the rebuttal/surrebuttal process the number of exclusions and objections discussion here is to highlight the added in today’s rule. The publication that are anticipated to be received, as general concerns raised in this area, of today’s rule makes improvements that well as the anticipated numbers of along with the general BIS response. will be responsive to these concerns and rebuttals/surrebuttals that will be The specific types of issues, e.g., the that will make the process work better received. Because the rebuttals/ need to add a rebuttal process, are for the Department. The process is surrebuttals will not require filling out addressed in other parts of the preamble designed to help U.S. downstream as extensive of a form as an exclusion and the regulatory text of this rule, and manufacturers obtain steel and request or objection, and in most the Department believes the process will aluminum without the additional duties respects will be responding to an resolve these types of fairness and when U.S. supply is not available in the objection or a rebuttal of an objection, consistency concerns that were the quantity and quality that they need. the amount of time estimated to submit focus of these commenters’ concerns. Comment (d)(1)(i): The Department a rebuttal/surrebuttal is estimated to be Comment (e)(1): Commenters raised misjudged the number of exclusions much less, at one hour per rebuttal/ concerns over lack of due process, that would be submitted, as well as the surrebuttal. The Department will fairness, or transparency. One anticipated burden. One commenter reevaluate the estimates provided in commenter asserted that tying refunds questioned the burden estimates today’s rule and the two related to the date when the Department finally included for complying with the rule paperwork collection notices published posts the petitions on its website is and filing exclusion requests. This in support of this rule and make any arbitrary. The commenter asked if an commenter asserted that each exclusion needed adjustments. exclusion is granted, why that exclusion request requires the compilation of Comment (d)(2): Supportive of having would not be granted retroactively to extensive supporting information that exclusion process. Commenters were the date the tariff was imposed. Another manufacturers must submit in addition supportive and appreciative of having commenter asserted that granting the to the lengthy exclusion request form. an exclusion process. Commenters did exclusion for one year is arbitrary and The Department estimated an average not want to eliminate the exclusion/ that the decision process for whether to reporting burden for the collection of objection process, but almost all had approve or deny exclusion requests is information in the exclusion request of suggestions for changes to the process. not specified and appears arbitrary. four hours per request. This commenter Many commenters asserted that while Other commenters asserted that it was thought four hours is a misleading they think the duties and quantitative critical for due process to include a estimate and does not account for the limitations should be lifted as soon as formal rebuttal process in the exclusion time taken to identify in a company’s possible because of unintended effects and objection process. These business records the pertinent data on downstream users, they also commenters believe that without a needing to be entered or attached. This recognize that there must be a workable rebuttal process, the Department risks same commenter asserted that the product exclusion process. Several finalizing actions without a complete Department was not even close on its commenters asserted that they record and taking action that is unfairly

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biased against U.S. businesses that rely the March 19 rule and standard consistent with the second Presidential on imported articles or that may operating procedures that have been Proclamation, which set forth that the exacerbate risks to national security. developed for the exclusion and exclusion would apply retroactively to Other commenters asserted that the objection review process. the date the request was posted for public comment. The commenter current process increases the possibility Comments for How the Exclusion and asserted that such language was not of inconsistent treatment for individual Objection Process Can Be Improved requests that are only different based on language of limitation, and the an insignificant dimension. For Commenters in almost all cases noted Department, through its action in example, one comment opined, ‘‘One that their comments applied equally to response to these comments, might can easily imagine a situation where a the steel and aluminum supplements. further extend the period of application. company ends up only able to import The rule published today makes the BIS response: The retroactive date for certain dimensions without payments of same improvements to each supplement duty relief through the exclusion tariffs, and being barred from similarly to continue with parallel supplements process is set by the Proclamations, not being able to import others, despite their (same parallel structure included in the the Department. Today’s rule, as otherwise identical nature.’’ The March 19 rule), with only slight described below in the description of comment continued, ‘‘This would be the differences for information that is the regulatory changes, in order to definition of an arbitrary act on the part specific to steel or aluminum, e.g., in improve the transparency of the process of the agency, when it ‘‘treats similar some of the examples being added to the is adding a new paragraph (h)(2)(iii) to situations in dissimilar ways.’’ Along supplements to make the application of specify the effective date for approved similar lines, another commenter the criteria more transparent. These exclusions. asserted that the Department may grant changes are described below under Changes made in this interim final rule Improve Transparency, Including an exclusion for a specific product for Making Information and Forms More some companies/end-users but to the exclusion/objection process. Several commenters asked for Easily Accessible for the Public unreasonably deny it for others for the clarification and guidance on how to Comment (f)(2)(i): Make information identical product, a result that it apply for broader product exclusions and process more transparent. contended would be arbitrary, that would apply to all importers in the Commenters requested that the particularly if the exemption was based United States. As described below in Department provide detailed timing and upon ‘‘short supply’’ considerations or a more detail, the Department has the criteria, based on the Proclamations, general lack of U.S. availability. discretion to make exclusions available that set forth how decisions will be BIS response: The review of all to all importers if we find the made. U.S. manufacturers should be product exclusion applications from circumstances so warrant, and we will able to quickly determine that an U.S. industry is being conducted on a exercise this discretion as appropriate. exclusion request or denial is based on case-by-case basis in a fair and Individuals and organizations do not a known set of facts and is consistent transparent process. As described above, apply for such broad product with other actions on requests received. two specific Commerce components exclusions, but rather the Department as Several commenters requested that the have worked closely in this effort—BIS it gains experience with the types of Department impose stricter and more and ITA. BIS is the lead agency deciding exclusion requests that are being certain deadlines for its own actions, whether to grant steel and aluminum repeatedly approved because the criteria providing some finite time period tariff exclusion requests, and ITA is are being met on a consistent basis over between when an exclusion request is analyzing requests and objections to time, can exercise this type of discretion filed with the Department and when it evaluate whether there is domestic that will likely result in making the is posted for comment. Commenters production available to meet the process more efficient. Several provided a range of suggested times requestor’s product needs, as provided commenters wanted to quickly move from immediately (which is not feasible in the exclusion requests. The toward these types of broad product under the current regulations.gov Department appreciates all of the exclusions, but the Department believes system being used for the exclusion/ commenters’ suggestions to improve the it better to begin with a deliberative objection process, as well as for the exclusion request process. Several of the assessment of individual requests in rebuttal/surrebuttal process being added commenters argued that they believe the order to not undermine the purpose of in today’s rule) to 5 to 14 days. March 19 rule and the exclusion process the duties and quantitative limitations Commenters were less concerned with it established could be legally in place for steel and aluminum. the actual number of days than with challenged because it appears arbitrary Comment (f)(1): Date of submission, having a specified number of days, so and capricious to them in certain not the date of posting on they better know what to expect. respects. The Department does not agree regulations.gov, should be the relevant Without some set period for this step in with that assessment. However, the date for all decisions. Commenters the process, filing companies have no Department does believe the changes requested that the date used for all certainty as to when they can likely get being made in today’s rule should future decisions such as applicability of a response to their request and this significantly address these concerns. For duties or retroactive relief of duties be uncertainty is extremely disruptive to example, today’s rule is adding a the date of submission of a complete U.S. businesses trying to cope with the rebuttal/surrebuttal process under request. They asserted that providing duties and quantitative limitations. paragraphs (f) and (g) of the two such retroactivity is a matter of fairness, Commenters said that the supplements and making a number of as the date that the Department posts regulations.gov website where other changes to make the criteria more the submission on regulations.gov is documentation is posted is not easy to well defined and their application more currently an unknown and lengthy navigate nor fully transparent. transparent for the public. The amount of time which is costing U.S. Commenters requested that the Department has been treating each manufacturers hundreds of thousands of Department develop a system to notify exclusion request and objection dollars per week. Another commenter applicants of their application status received in a fair and equitable way asserted that the Department could have and anticipated wait time to facilitate based on the stated criteria included in flexibility in this area and still be planning and communications with

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customers. Commenters requested that indicates on the tracking sheet that will requirements and which forms do not. the Department publish official be posted on the Department website The commenter asserts that some forms guidance or an ‘‘FAQ’’ page to describe that the 7-day rebuttal period has are accepted and posted even though the steps of the exclusion/objection opened. The same type of process will they are inconsistent with the process in easy to understand language. be followed by the Department opening Department’s detailed reporting Commenters believe that information the 7-day surrebuttal comment period. specifications. provided to the public should include a The Department in order to not divert BIS response: The Department has clear description of an entity eligible to staff resources from reviewing 232 already taken action to improve file and an inventory or checklist of the submissions will not be able to contact transparency in this area. The information/evidence that should be each submitter to notify that the rebuttal Department has posted guidance with provided as supplemental materials. or surrebuttal review period have step-by-step visual guides to assist BIS response: The Department opened, so submitters will need to industry through the process and with published procedures for the product check the tracking sheet that will be tips on how to properly complete the exclusion requests, as well as for posted on the Commerce website for exclusion request forms based on issues objections, in the March 19 rule and updates on their 232 submissions. Only identified during the Department’s subsequently made them available on the individual or organization that initial review of submissions. The most the Department’s website. Today’s rule submitted the exclusion request may common issues have been incomplete as described below adds Annex 1 to submit a rebuttal during the rebuttal forms or bundling numerous requests in Supplements No. 1 and 2 to Part 705 comment period. Only the individual or a single submission, but as requesters that will assist the public in using organization that submitted an objection have become more familiar with the www.regulations.gov for application to exclusion request that received a process and regulations.gov, these issues that are specific to submitting rebuttal may submit a surrebuttal during issues have been reduced significantly. rebuttals under the exclusion, objection, the rebuttal comment period. The Today’s rule is also making changes to rebuttal, surrebuttal process. The Department is confident that these paragraph (b), including adding text to Department has also posted a step-by- added procedures will allow it to more paragraph (b)(5) to clarify the provisions step visual guide to assist industry efficiently make determinations on for public disclosure and information through the process and tips on how to exclusion requests. The Department also protected from public disclosure, and properly complete the exclusion request has the discretion to make exclusions changes to paragraphs (c) and (d) to forms based on issues identified during available to all importers if we find the better define and include application BIS’s initial review of submissions, as circumstances so warrant, and we will examples for the criteria used for well as based on ITA’s experience in exercise this discretion as appropriate. reviewing exclusions and objections. As reviewing the submissions. The The Department will expeditiously described below, today’s rule also adds Department will update these guides as grant properly filed exclusion requests Annex 1 to Supplements No. 1 and 2 to appropriate. BIS has established which receive no objections and present Part 705, which will assist the public in dedicated phone numbers and email no national security concerns. The using www.regulations.gov for addresses for U.S. industry to seek Department will work with U.S. application issues that are specific to assistance or ask questions about the Customs and Border Protection to submitting rebuttals and surrebuttals process. These phone numbers and ensure that the requester provided an under the exclusion, objection, rebuttal, surrebuttal process. email addresses were included in the accurate Harmonized Tariff Schedule of press release announcing the exclusion Comment (f)(2)(iii): Backlog of the United States (HTSUS) statistical process and in the supplements added requests and timely release of reporting number. If so, BIS will in the March 19 rule. The procedures information. Commenters requested the immediately assess the request for any published in the March 19 rule set forth Department streamline its process, national security concerns. If BIS the requirements for submitting requests asserting that the Department is simply identifies no national security concerns, for exclusions and for submitting not equipped to handle the crushing it will expeditiously post a decision on objections to such exclusion requests volume of exclusion requests, regulations.gov granting the exclusion during a 30-day comment period. particularly with the details reported in request. The Department has already Today’s rule is making a number of the forms. They request that forms be made these process improvements and changes to better define the criteria used simplified and that the information to review exclusion requests and in today’s rule is adding a new requested be streamlined and grouped. objections that will be responsive to paragraph (h)(2)(ii) in both supplements Commenters also identified much of the comments raising concerns about to specify this streamlined review backlog as attributable to the duplicative transparency and being able to predict policy for exclusion requests that filings required by the product specific the outcome for a particular exclusion receive no objections. These changes and customer-specific filing request and any objections thereto. taken together should be responsive to requirements. Commenters believe the Today’s rule is adding a rebuttal/ the various comments described above Department can alleviate much of this surrebuttal process that will specify that on the exclusion/objection process. backlog by adopting product exclusions after the 30-day objection period, an Comment (f)(2)(ii): Establish based on broader product groupings, exclusion requester may submit a consistent guidelines for filling out the regardless of source and supply chain, rebuttal to any objection(s) within 7 forms. Commenters requested that the as discussed further in the comments days, and an objector(s) may respond to Department adopt objective and below. that rebuttal within an additional 7 days transparent standards and guidelines for BIS response: The Department has after the rebuttal period has ended and completing and submitting the forms worked to increase and organize its staff the 7-day surrebuttal comment period is and curing deficiencies when refiling to efficiently process exclusion requests. opened. The Department will not open the forms. A commenter asserted that Since July 2, the Department has been the 7-day rebuttal period until the 30- the Department has been inconsistent reviewing and posting about 1,800 day objection period has concluded, all and non-transparent in processing and requests and 700 objections weekly. As complete objections have been posted in posting the forms and in determining of August 1, the Department has posted regulations.gov, and the Department which forms ‘‘satisfy’’ reporting more than 2,200 steel and aluminum

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decisions and will be posting Department to allow filing of CBI in a disclosing CBI. Commenters asserted substantially more in the coming weeks. way that protects that information from that much of the information the BIS’s dedicated phone lines and email public disclosure but allows the Department has requested in accounts are available to assist industry Department to use it in a balanced conjunction with objections to with any inquiries about their exclusion manner across all requesters. exclusion requests includes CBI, or objection filing. Due to the rolling Commenters raised concerns over information that, if shared publicly, nature of the exclusion/objection fairness for the current process of could raise intellectual property/trade process, the wait time can vary. The dealing with CBI. The lack of a process secret, anti-trust, or customer-relation Department has also modified its review for dealing with proprietary information concerns. For example, a requester must procedures to expedite decisions on means that when the Department posts provide chemical composition, requests that have no corresponding an exclusion request or an objection dimensions, strength, toughness, objections, as described further in other with CBI in the supplementary material, ductility, magnetic permeability, surface parts of this rule, such as by adding a there is no way for other parties to finish, coatings, along with other new paragraph (h)(2)(ii). This will not respond. For example, a commenter technical data and must also provide the only speed processing of those requests notes that objections from U.S. Steel names of the suppliers used, as well as but also facilitate review of requests have been posted, but certain the quantity predicted to be needed with objections, and with the information has not been provided, such from each supplier. An objector must publication of today’s rule, requests that as capacity and capacity utilization. provide capacity and capacity have rebuttal/surrebuttal(s). More Although the Department may reach out utilization data; production information, Departmental staff time will be available relating to such information, the including production capacity and for reviews of the more difficult requests requester will never know what the utilization data; technical specifications, that involve an objection(s) and objector said about its capacity to including the detailed chemical rebuttal/surrebuttals(s). supply the requested demand and, composition; production/shipping therefore, will never be able to rebut the Confidentiality Issues timelines; and internal technical data to issue. The commenter argues that the refute assertions made in the request. Comment (f)(3)(i): Create formal current system penalizes requesters Commenters believed that this level of process to allow for and protect whose requests may not be posted (or at detail is unnecessary and burdensome submissions of confidential business a minimum may be delayed in being for the purpose of this exercise and may information (CBI). Most commenters posted, thereby forestalling retroactive require disclosure of proprietary requested the Department revise the relief) if the exclusion request form is information belonging not only to a supplements added in the March 19 rule not fully filled out, yet an objector is requester or objector, but to a requester’s to provide for a formal process for the able to unilaterally withhold data and supplier. Commenters were also submission of CBI. Commenters asserted delay consideration of the exclusion concerned that the exclusion request that neither the March 19 rule nor the request. The commenter requests that form requires companies to provide exclusion request and objection forms such an objection be rejected as support regarding their inability to indicate the procedures for submitting incomplete. source domestic suppliers which will confidential business information. BIS response: The Department often involve revealing non-public Commenters asserted that the published the regulations establishing terms of sale discussions and available Department has much experience (in the exclusion request/objection process sources of supply. One commenter trade remedy proceedings) in protecting in the March 19 rule. The Department asserted that sharing such extensive CBI through the use of ‘‘protective has made clear in the regulations that information plays into the hands of orders.’’ Commenters requested the parties applying for an exclusion and Department establish a similar process those objecting to the exclusion requests foreign powers or other competitors, where parties may submit a should include only public information allowing them to easily amass a large ‘‘confidential’’ version of an exclusion in their full submissions. The exclusion amount of industrial information on the request and a separate redacted and objection forms include an area U.S. ‘‘public’’ version which is released to where parties can indicate if they have BIS response: The Department the public at large. Commenters asserted additional CBI that they believe is designed both the steel and aluminum that they believe that concerns over CBI relevant to their submission, although exclusion request and objection forms may depress the number of companies the Department believes that the with input from a variety of U.S. willing to submit objections to information requested in the forms, in Government and industry experts. The exclusions. Commenters requested that most cases, should suffice to allow a goal was to create a balance of the Department clarify the following determination to grant or deny. information requested from the issues related to CBI and the exclusion However, based on the number of exclusion requester to allow a U.S. and objection process: Is an application comments received on this issue manufacturer of steel or aluminum to complete if CBI is not provided, such as regarding concerns over protecting CBI, file a credible objection to that specific when a company determines that the Department understands that exclusion request. The Department is certain fields on an exclusion or additional changes and clarifications requesting that parties applying for an objection form require disclosing need to be made. Today’s rule is exclusion and those objecting to an proprietary information? If the box for revising paragraph (b)(5) to clarify the exclusion request include only public CBI is checked, how long does the procedures for public disclosure and the information in their full submissions. submitter have to submit the CBI and information protected from public The exclusions, objections, rebuttal, and how long will it take for the completed disclosure, including specifying a surrebuttal forms include a section application to be posted in process to be followed when making where parties can indicate if they have regulations.gov? Does the 25 page limit submissions that are not intended for additional CBI that is relevant to their of the petition include CBI? If the public release. exclusion request or their objection. Department accepts group submissions, Comment (f)(3)(ii): Exclusion/ Metallurgical composition is not how can individual members protect objection forms need to be scrubbed to proprietary information. The their CBI? Other commenters urged the eliminate questions that require Department does not ask for steel or

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aluminum process information, which manufacturers, it is essential that the useful to fill in the exclusion request can be CBI. In almost every case, only precise product being sought be clearly forms as they are the ones involved with public information is needed for a valid identified, along with the quantity the actual act of importing and the ones exclusion request and a valid objection. needed and the timeframe for delivery. responsible for tariffs. The commenter In the event that the Department This will necessarily be different for requests the Department allow such determines that additional information each individual or organization. A parties to apply for exclusions. of a proprietary nature is necessary to credible objection must state that the BIS response: The Department make a determination on an exclusion objector can produce the product being confirms that a U.S. importer of record, request, the Department will provide sought. Absent this specificity, it would including foreign entities located in the instructions to the affected parties and be impossible for domestic United States, may submit an exclusion will protect this information from manufacturers to determine whether or request, provided they meet the other public disclosure. However, to address not they can produce the product. The applicable criteria. The Department is concerns in this area, today’s rule is need for specificity is why each aware that in certain cases a U.S. revising paragraph (b)(5) to add more individual or company needs to importer of record may be a foreign provisions to clarify the procedures for respond, as opposed to trade entity not located in the United States public disclosure and the information associations. The Secretary does have and those U.S. importers of record protected from public disclosure, the discretion to make broader would not be able to meet the other including specifying a process to be exclusions available to all importers if applicable criteria—meaning an followed when making submissions not the Department finds the circumstances exclusion request would not be granted intended for public release as part of a warrant, and the Secretary will exercise to such a foreign entity. The request, objection, rebuttal, or this discretion as appropriate. supplements added in the March 19 rule surrebuttal. Comment (f)(4)(ii): Confirm that already permitted these types of parties contractors and distributors that supply to apply for exclusions, so no regulatory Expand and Clarify What Parties Can others with steel may apply for changes are needed. Apply for Exclusions exclusion requests. A commenter Comment (f)(4)(v): Allow affected Comment (f)(4)(i): Trade associations requested the Department confirm that foreign producers and exporters of steel should be able to petition on behalf of the supplements added with the March and aluminum to apply for exclusions. industries. Commenters felt strongly 19 rule allow the Department to accept One commenter asserted that foreign that the exclusion process should be petitions from contractors and producers and/or exporters of steel and revised to allow for trade associations to distributors that supply others with aluminum often have the most detailed file for a broader exclusion on behalf of steel, as eligible individuals or information about the merchandise for similarly situated member importers. organizations using steel in business which an exclusion is requested, They asserted that this would cut down activities. The commenter argued that it including chemistry, standards, on the number of requests that the is important to accept such petitions, as dimensions, availability, and quantities. Department is receiving, making the these entities work with numerous This commenter asserted that foreign process more efficient and less costly, clients and customers that need to producers and exporters of steel and and would benefit small business procure steel needs for various oil and aluminum must often be consulted for importers in particular. In cases where natural gas projects. this information by U.S. importers and several companies would like to make BIS response: The Department end-users. The commenter requested the the same exclusion request, such as confirms that contractors and Department allow such foreign when the imported product at issue is distributors in the U.S. that supply producers and exporters to submit not produced in the U.S. and is used by others with steel or aluminum in the exclusion requests on their own behalf multiple domestic manufacturers, they U.S. may apply for exclusion requests to to streamline the process. They asserted argued that it is very inefficient to ask supply those U.S. customers. that doing so would be consistent with each of the companies to file the same Comment (f)(4)(iii): The Department the Section 201 exclusion process, request. Commenters asserted that the should accept petitions from entities which allowed foreign producers to seek supplements contemplate broader that are not the importer of record for exclusions. exclusions, which they thought would products. Commenters requested the BIS response: Making this change be a natural place for trade associations Department accept petitions from would not be consistent with the to play a beneficial role in the exclusion entities that are not importers of record, Proclamations or the intent of the two process, but the supplements provide no so that companies can submit petitions supplements added in the March 19 guidance on how to apply for such on behalf of their ultimate procurement rule. broader exclusions. needs that may be imported by other Comment (f)(4)(vi): Permit and clarify BIS response: Allowing trade entities within their supply chains. flexibility in certain situations associations to file requests will not BIS response: The Department does particular to the motor vehicle industry make the process more efficient, not agree. The individual or in the designation of the proper party to because the information required for an organization that will be identified as make the exclusion request. A major exclusion request is unique to each the beneficiary of the exclusion request trade association representing the auto individual or company applying for an must also be the importer of record. industry asserted that there are certain exclusion. The individuals or Comment (f)(4)(iv): U.S. importers of situations that may be unique to the organizations applying for an exclusion record—even though they may be motor vehicle industry. The first request must specify the precise steel or foreign entities, should be able to submit example provided by the commenter is aluminum product, including whether a exclusion requests. One commenter a ‘‘resale’’ program, in which the product is customized. Because the asserted that all of its European purchaser and user of the materials are primary consideration in whether to production exported to the United not the same company. The vehicle grant or deny an exclusion request is States is sold before that export. In such manufacturer will purchase steel evidence that the requested product is cases, this commenter believes the directly from the foreign steel company or readily can be made in sufficient importers of record are more likely to but will then resell the steel to a parts quantity and quality by domestic have the information that would be supplier. That supplier will then use the

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steel in the production of a part to be basis for approval. A commenter Comment (f)(5)(iv): Clarify approval sold to the vehicle manufacturer who requested clarification that product- criteria for exclusions to specify that originally purchased the materials. In specific exclusions will not be granted evidence of substitutable products is the second example provided by the simply to allow a submitter to avoid sufficient to deny. A commenter commenter, the vehicle manufacturer paying the additional duty on a product asserted the final rule should clarify that will instruct the parts supplier to that is commonly produced in several exclusion requests will be denied where purchase specific materials from a markets, including markets that are a member of the domestic industry foreign producer. The properties or exempt from the duties. This opposes the request and demonstrates chemical makeup of the materials being commenter believes allowing exclusions that it produces a product with ‘‘similar purchased and used may be unknown to on such grounds would severely form, fit, function, and performance’’ to the parts supplier. This commenter undermine the purpose of the duties. the requested product. requested the Department clarify the BIS response: The Department BIS response: The Department agrees, application process and provide confirms that, based on the criteria of provided ‘‘similar form, fit, function, flexibility allowing either the parts the Proclamations and the two and performance’’ being referenced by supplier or the vehicle manufacturer to supplements added in the March 19 the commenter meets the definition of make the exclusion request. rule, simply wanting to avoid the duties ‘‘substitute product’’ that is being added BIS response: The Department is not sufficient basis for approval. to the two supplements in today’s rule clarifies that either the parts supplier or Comment (f)(5)(iii): Definition of and can be provided in the requisite the vehicle manufacturer in these ‘‘immediately’’ is too rigid and should quantity and time frame to meet the scenarios may submit an exclusion be lengthened. Commenters requested needs of the requester. Today’s rule request. Individuals or organizations lengthening the period for what should adds a new paragraph (c)(6)(ii) to that apply for exclusion requests must constitute ‘‘immediately.’’ A commenter provide a definition for the criterion use steel or aluminum articles in asserted that in several instances, the ‘‘not produced in the United States in a business activities in the United States, exclusion request form asks whether a satisfactory quality.’’ The new paragraph specifies that the exclusion such as construction, manufacturing, or product could be produced ‘‘supplying these articles to users.’’ In review criterion ‘‘not produced in the ‘‘immediately,’’ which is defined as this scenario, where the ‘‘vehicle United States in a satisfactory quality’’ ‘‘within eight weeks.’’ Unless an article manufacturer will purchase steel does not mean the steel or aluminum is currently being manufactured, an directly from the foreign steel company needs to be identical, but it does need eight-week window to begin production but will then resell the steel to a parts to be equivalent as a substitute product. is unreasonable. Beginning production supplier,’’ the Department would This new paragraph will also include ‘‘immediately’’ should vary based on the consider the vehicle manufacturer to be application examples to assist the level of processing and finishing a party supplying these articles to users public’s understanding of ‘‘substitute involved (i.e., semi-finished products and therefore could apply for an product.’’ should have the shortest time period exclusion request. Comment (f)(5)(v): Specify that while downstream finished products approved exclusions cannot be assigned Tighten Exclusion Approval Criteria To should have longer time periods, for other companies to use. A Ensure That Intent and Scope of including some much longer than 8 commenter requested the Department to Exclusion Process Is Not Circumvented weeks) as well as the volume requested clarify that not only is an exclusion Comment (f)(5)(i): Clarify approval (with larger volumes requiring more limited to the party that requested it, criteria for exclusions to specify time). The commenter requested that if there can be no assignment or transfer requester must show that neither a specific time period is used in the of the exclusion once granted. Allowing product nor an equivalent or forms and the Department’s analysis for the assignment of exclusions would substitutable product is produced in the ‘‘immediately,’’ then it should be allow importers to circumvent the U.S. A commenter requested that a ‘‘within twelve to sixteen weeks.’’ duties by accumulating the ability to product-specific exclusion be granted BIS response: The Department import under product-specific only upon a showing that neither the disagrees. The definition of exclusions. product nor an equivalent or ‘‘immediately’’ is appropriate and BIS response: The Department agrees substitutable product is produced in the requires no lengthening or shortening in and clarifies here that the use of an United States. order to meet the purposes of the approved exclusion may not be assigned BIS response: The Department exclusion and objection process and for to another entity. evaluates whether the steel or consistency with the Proclamations. The Comment (f)(5)(vi): Specify that all aluminum is ‘‘produced in the United Department emphasizes that the product needs to be imported within States in a satisfactory quality’’ for supplements added in the March 19 rule one year of the approved exclusion. A consistency with the Proclamations. The used the word ‘‘generally’’ to qualify the commenter requested further narrowing exclusion review criteria ‘‘not produced one year validity periods for approved and clarifying the scope of exclusions to in the United States in a satisfactory exclusions. Because of the large number specify that goods must be imported quality’’ does not mean the aluminum of comments received on the issue of into the United States prior to the end or steel needs to be identical, but it does the appropriate validity date and the of the one-year (or any other period) for need to be equivalent as a ‘‘substitutable need to improve the transparency of the which the exclusion is granted. product.’’ Today’s rule adds a new decision making process and alert BIS response: The Department agrees paragraph (c)(6)(ii) to further define this submitters of exclusion requests/ and confirms here that all products in criterion, including adding some objections/rebuttals/surrebuttals to the an exclusion approved request must be application examples to assist the types of information that may warrant a imported within the validity period. A public’s understanding and make the longer or shorter validity period, today’s one-year validity period is standard. review process more transparent. rule is adding a new paragraph (h)(2)(iv) The Department communicates with Comment (f)(5)(ii): Clarify approval to provide more details on validity CBP once an exclusion request is to be criteria for exclusions to specify that periods, including application approved to provide the validity date. simply avoiding duties is not sufficient examples. The Presidential Proclamations

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establish the requirements for obtaining that a company should be afforded a full will apply in determining whether an retroactive refunds from duties paid opportunity to explain why it cannot article is produced in the United States prior to the validity period of a granted use such ‘‘substitute’’ or ‘‘near- in a sufficient and reasonably available exclusion. equivalent’’ products, and any problems amount, which raises the following that could arise from the use of such questions: Broaden Exclusion Criteria (To Make It products. Comment (f)(6)(iii)(A): To what extent Easier To Get Approved) To Better BIS response: The Department will the Department take into account Achieve the Purpose of the Exclusion disagrees with the concerns raised about quantities demanded by users of the Process considering substitute products. The article other than the applicant itself? Commenters that had concerns with Department understands the points BIS response: The Department, the exclusion process made suggestions raised about the importance of adding including product experts from ITA, for broadening the exclusion criteria to greater specificity for the criterion on will review requests based on the make it easier to get approval as what may constitute an equivalent information provided and discussed in the next series of product that is of satisfactory quality representations made by the objector. comments. and how the criterion is used in the Today’s rule is adding a rebuttal and Comment (f)(6)(i): Department should review of exclusion requests and surrebuttal process where an individual not consider the availability of objections. As noted above in response or organization that submitted an ‘‘substitute steel products’’ in assessing to comment (f)(5)(iv), today’s rule is exclusion request that received an requests. In contrast to the comments adding a new paragraph (c)(6)(ii) to objection could include in their rebuttal above that advocated being more provide a definition for the criterion any concerns they had about an objector permissive to steel and aluminum ‘‘not produced in the United States in a overcommitting the steel or aluminum manufacturers in the U.S., the satisfactory quality,’’ defining the term manufacturer’s current or future commenter here requested that the ‘‘substitute product,’’ and including capacity. This rebuttal process will be Department not allow supposed product application examples. The Department included in a new paragraph (f) in both ‘‘substitutes’’ to form the basis of is also adding a rebuttal and surrebuttal supplements. rejecting an exclusion request, arguing process that will allow an exclusion Comment (f)(6)(iii)(B): To what extent that doing so would be contrary to the requester to identify reasons why an will the Department verify the potential Proclamations. The same commenter alleged substitute product is not in fact for U.S. manufacturers to increase asserted that neither the Proclamations a substitute. These changes are capacity and/or capacity utilization? nor the text of the March 19 rule responsive to these types of comments. BIS response: If the objector is mention either ‘‘substitute’’ or ‘‘near- Comment (f)(6)(ii): Definition of asserting that it is not currently equivalent’’ products, so inclusion of ‘‘immediately’’ should be kept the same producing the steel identified in an this as part of the criteria is not or shortened. One commenter asserted exclusion request but can produce the appropriate. The same commenter that as the exclusions currently only last steel or aluminum within eight weeks, asserted that neither ‘‘substitute steel one year, the Department should not the objector must identify how it will be product’’ nor ‘‘near-equivalent steel recognize objections unless they can able to start production within eight product’’ is defined, creating produce the item at that point. If a weeks. This requirement includes uncertainty as to what these fields mean domestic steel manufacturer is able to specifying in writing to the Department and that the Department is in no produce the good in the future, it would as part of an objection the timeline the position to make that determination on be then more appropriate to object to the objector anticipates to start or restart a factual or technical basis. The following year’s request. production of the steel or aluminum commenter noted that if a customer BIS response: The Department agrees included in the exclusion request to requires certification of the product, just that the definition should remain the which the manufacturer is objecting. being similar is not good enough to same, but disagrees that the definition Today’s rule revises paragraph (d)(4) to immediately replace a current supplier. needs to be shortened. The definition of add more specificity on these The commenter also noted that ‘‘immediately’’ is appropriate and requirements for the substance of manufacturers have production lines requires no lengthening or shortening in objections to submitted exclusion and operations created for exact order to meet the purpose of the requests. technical properties and cannot just do exclusion and objection process and for Comment (f)(6)(iii)(C): How does the with any raw material that is ‘‘similar.’’ consistency with the Proclamations. As Department intend to deal with multiple The commenter also argued that if a referenced above, today’s rule is adding exclusion requests where each manufacturer has a preference for paragraph (h)(2)(iv) to provide more individual request might be fulfilled products it uses as raw materials, it is transparency and guidance to submitters from U.S. domestic parties, but the total wholly inappropriate for the on how the Department will determine of such requests exceeds current U.S. government to force it to use another the appropriate validity date for capacity? kind of product. A company’s approved exclusions. Today’s rule also BIS response: The Department, operations and equipment may need to is adding a rebuttal and surrebuttal including product experts from ITA, change in order to use a ‘‘substitute steel process discussed in regulatory changes will be evaluating these factors as part product’’ and its workforce may not below that will be responsive to these of the review process when objections have the experience in dealing with a types of comments and help to ensure are received. The new rebuttal process different kind of steel. Finally, the the Department has all the relevant this rule is adding to a new paragraph commenter asserted that even if the information needed to determine the (f), as well as the surrebuttal process Department believes that substitute steel appropriate validity period on a fair and being added to paragraph (g), in each products should be considered, it must consistent basis. supplement, provides an additional way clarify how it is using that factor in its Comment (f)(6)(iii): Add metrics for for the Department to receive input to analysis and specify what factors are determining U.S. domestic capacity to help identify these types of trends that being considered as the exclusion meet demand. Commenters raised the Department agrees should be taken request form does not fully address concerns that the March 19 rule does into account for an efficient and these issues. The commenter asserted not identify the criteria the Department effective exclusion process.

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Comment (f)(6)(iii)(D): What is the aluminum user has tried to source from supplier, assuming the would-be timeframe that the Department will use U.S. suppliers to be longer than two supplier is able to pass the certification. to determine if a U.S. domestic party is years. One commenter requested that The commenters argued that if the capable of producing the specific the Department broadly take into Department does not stringently assess product? Is it within the period of the consideration requesters’ attempts to U.S. steel producers’ claims and particular exclusion request (i.e., one source a product historically beyond the consider extrinsic factors that affect year)? most recent two-year period. The available supply, it could create a BIS response: The steel or aluminum commenter argued that if a requester has situation where domestic steel users product must be available tried repeatedly over the years or is will have no usable steel supplies, ‘‘immediately.’’ ‘‘Immediately’’ means familiar enough with the market, it may driving them out of business. whether a product is currently being not have regularly reached out to BIS response: The Department agrees produced or could be produced and domestic suppliers in the most recent with some of the concerns raised and, delivered ‘‘within eight weeks’’ in the years. The commenter believed it would as noted above, is adding a new amount needed for the business be unfair to expect a company to check paragraph (c)(6)(ii) to clarify issues activities described in the exclusion annually whether or not a supplier has regarding quality and provide the public request. Today’s rule is adding a changed its production capabilities. with a better understanding of the definition of ‘‘immediately’’ to BIS response: The Department application of the criterion. In addition, paragraph (c)(6)(i) and application disagrees. The U.S. Government the Department notes that today’s rule examples to assist the public’s anticipates and is already seeing a also is adding a rebuttal and surrebuttal understanding. resurgence in steel and aluminum process under paragraphs (f) and (g) that Comment (f)(6)(iii)(E): Will the production in the United States with will allow requesters to provide a Department take into account product new facilities opening and new capacity rebuttal if they believe an objector prices and the conflicting impacts of being actively planned. If an individual cannot meet their quality standards or if such prices on U.S. domestic steel or organization has not looked to buy some other aspect of the objection producers and users in determining steel or aluminum manufactured in the warrants a response, as well as an whether there could be sufficient United States, it would be well worth opportunity for the objector receiving a domestic capacity? their effort to do so before applying for rebuttal to submit a surrebuttal if it BIS response: The Department will an exclusion request. This will also save believes that is warranted. not consider this criterion. The the requester time, as well that of Comment (f)(6)(vi): Allow companies Department only considers criteria potential objectors and the Department, to seek product exclusions on basis of taken from the Proclamations which are because the potential requester may find internal quality standards. A included in the review criteria of the in conducting a search that steel or commenter requested the Department two supplements and on the exclusion aluminum not available in the U.S. specify how it will determine whether, request and objection forms. market before may now or soon be in the case of highly specialized Comment (f)(6)(iii)(F): One available in the United States. products, a domestic product’s quality/ commenter argued that the Department Comment (f)(6)(v): Add metrics to standard is equivalent to the quality/ should apply reasonable standards to determine sufficient quality. standard of the foreign import. The the review of exclusion requests and Commenters asserted that the same commenter requested the objections, which the commenter Department should define and release Department explain the weight that it identified as not allowing unsupported metrics that will be used to determine will give to a user’s stated needs assertions of production capacity and, whether U.S. steel manufacturers have regarding product quality in making its after a prima facie case for an exclusion the capacity to meet demand in order to determination whether to grant an request is made (accepted as correct provide greater clarity on how the exclusion request. Commenters until proven otherwise), affording that Department will make its determination requested that the Department define request a presumption of approval. regarding production in the United the minimum quality thresholds that BIS response: The Department agrees States in a satisfactory quality. One U.S. steel manufacturers must meet. In that it must hold requesters and commenter requested that objectors be particular, commenters requested that objectors to a high and consistent required to show that they have the the Department approve exclusions review standard and will continue to do ability to produce steel goods that can based on comparative performance so with the rebuttals and surrebuttals actually be used by the supplier in the standards. For products available from being added with today’s rule. However, same way as the overseas product it had both domestic and international the Department wants to emphasize that previously sourced. In the commenter’s sources, commenters asserted that BIS and ITA do not prejudge or give view, that would require a showing that companies should be allowed to submit greater weight to any particular the product is of the same quality and data identifying the companies’ submission, whether an exclusion can be certified if necessary for the performance needs and comparing the request, an objection, a rebuttal, or a particular item and that it will be performance of the domestic product vs. surrebuttal. The process is created to committed to this specific use if the international product; identifying allow each party involved in the process requested. Another commenter was specific products needed to meet a to provide relevant information, concerned that it is easy for specific performance standard including that specified on the forms by manufacturers to assert that they ought determined by the user, who is in the the Department, and any other to be able to make a certain product but, best position to identify the product information that the party involved in in reality, it may turn out to be difficult quality requirements for any given the process believes is relevant, in order and unfeasible. Still another commenter project; and establishing the existence of to allow the Department to make a fair, was concerned that for many steel items a company’s corporate approved Quality impartial and consistent determination there is a certification process which Assurance standards that exceed whether an exclusion request should be can take years and require demonstrated regulatory or industry approved approved or denied. consistency in the product, thereby standards. Comment (f)(6)(iv): Broaden criterion pushing off by two to three years actual BIS response: The purpose of the for determining whether a U.S. steel or production by a replacement U.S. steel exclusion process is to protect

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downstream manufacturers that rely on a process to evaluate existing contracts Secretary and the President shall further products not produced by U.S. domestic and supplier agreements when assessing recognize the close relation of the industry at this time. The guiding exclusion requests in order to avoid economic welfare of the Nation to our principle is that, if U.S. domestic undue disruption to the operations of national security . . .’’ A trade industry does not or will not produce a U.S. companies that are already relying association commenter for the oil and given steel or aluminum product of the on qualified suppliers of needed inputs. gas industry asserted that they expect quality needed by users in the United BIS response: The Department is not the Department to recognize the States, companies that rely on those authorized by the Proclamations to grant importance the oil and natural gas products will not pay duties on them. product exclusions on the basis of industry and to consider petitions for Today’s rule adds paragraph (c)(6), existing contracts, except as described relief from the U.S. oil and natural gas including paragraph (c)(6)(ii), to in the Presidential Proclamation 9777 of industry in the spirit of President respond to these types of comments August 29, 2018 under clause 2 that Trump’s March 28, 2017 Executive concerned with ensuring that the requires the Secretary to grant Order (E.O.) entitled ‘‘Promoting Energy exclusion review process adequately exclusions from quantitative limitations. Independence and Economic Growth.’’ takes into account the quality needs of The August 29 Proclamation 9777 That E.O. states that ‘‘[I]t is in the requesters. created the separate exclusion process national interest to . . . avoid regulatory Comment (f)(6)(vii): The Department to address concerns such as these for burdens that unnecessarily encumber should only deny an exclusion request certain existing contracts that include energy production, constrain economic if there is a domestic metals producer steel articles. Other than clause 2, growth, and prevent job creation’’ and that can provide the same product to exclusions will only be granted if an that regulatory actions that ‘‘unduly customer specifications in the time line article is not produced in the United burden the development of domestic needed by the requester. A commenter States in a sufficient and reasonably energy resources’’ be suspended, asserted that domestic capacity to make available amount, is not produced in the revised, or rescinded. a product is not the same thing as the United States in a satisfactory quality, or BIS response: Protecting U.S. national current ability to produce a needed for specific national security security is why the Section 232 process product within a viable lead time to considerations. exists. The President has instructed the meet customer demands. The Comment (f)(6)(ix): Add metrics to Department to grant exclusions from the commenter was concerned that the determine ‘‘national security tariff for specific national security Department not reject product exclusion considerations’’—current criterion is too considerations, and the Department, as requests based solely on a domestic narrow for what should be considered well as the rest of the U.S. Government, producer’s claim of capacity to make the national security. Commenters must exercise some reasonable product, noting that many of the requested that national security discretion in determining whether that objections posted on regulations.gov, considerations be defined more standard is met when evaluating have included phrases like ‘‘Although precisely and more broadly to take into exclusion requests, objections, and the we don’t make this product. . .’’ and account other economic considerations rebuttals and surrebuttals being added ‘‘We have the capacity to make this that are important to U.S. national with the publication of today’s rule. product. . .’’ The commenter security. A commenter requested that However, the Department also emphasized that a manufacturer that the Department must make ‘‘national understands the importance of needs steel or aluminum to make its security considerations’’ explicitly clear transparency in applying the national product needs it available in the U.S. to requesters. It asserted that, if the security review criterion in a fair and marketplace within reasonable lead Department produces exclusion consistent way. The Department in times and to specific specifications to guidance without defining this term or today’s rule is adding a new paragraph meet customer demands. with a vague definition, requesters will (c)(6)(iii) to each of the supplements to BIS response: The Department agrees have great difficulty in providing the provide additional context for how the on the point generally, but also believes necessary information in their requests Department will apply the criterion ‘‘for that a reasonable standard needs to be and such vagueness could lead the specific national security applied to balance the needs of Department to deny exclusion requests considerations.’’ Similar to the other requesters to obtain steel and aluminum in an arbitrary and capricious manner. new paragraphs today’s rule is adding to in a timely fashion with providing an Smaller companies, the commenter better define the criteria used to opportunity for U.S. steel and remarked, would be at a severe evaluate exclusion requests, objections, aluminum manufacturers to expand disadvantage in responding to this and the new rebuttals and surrebuttals capacity when that can be done criterion. Another commenter was process, examples are provided to assist ‘‘immediately’’—meaning within eight concerned that national security was the public in better understanding the weeks. This criterion is consistent with being defined too narrowly because the application of the national security the intent of the Proclamations and the exclusion request form identifies U.S. criterion. criteria of the two supplements added in national security requirements as Comment (f)(6)(x): Establish processes the March 19 rule. The final rule ‘‘critical infrastructure or national that evaluate the risks to approving an published today is adding text to defense systems.’’ The commenter was exclusion request, but also the risks of paragraph (d)(4), as well as adding new concerned that this form implies that not approving. A commenter requested paragraphs (c)(6)(i) and (ii) to the these two criteria alone are the only that the Department, in evaluating supplements, to provide additional national security justifications that may exclusion requests, consider the risks context for what constitutes sufficient be made for a product exclusion request. and potential effects of granting as well quality and application examples for The commenter requested that the as not granting a requested exclusion on this criterion. Department consider a broader U.S. businesses, including downstream Comment (f)(6)(viii): Establish process definition of ‘‘national security’’ for users of products with little or no to consider existing contracts and determining exclusion requests that national security applications. supplier agreements when reviewing mirrors the language of 19 U.S.C. Sec. BIS response: The Department exclusion requests. A commenter 1862(d), which states that ‘‘. . . [I]n the considers the criteria of the requested that the Department establish administration of this section, the Proclamations in deciding whether or

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not to grant an exclusion request and is Department should provide guidance on argued that, under the current system, committed to applying those criteria in a process for such exclusions. Many the Department may grant an exclusion a fair and objective way. commenters requested that the for a specific product for some Comment (f)(7): Separate requests for Department explain the circumstances companies/end-users but unreasonably like products should be eliminated. under which BIS will approve a broader deny it for others for the identical There was overwhelming support by a product exclusion and how U.S. product, a result that they contend is large number of the commenters for the companies may request such an arbitrary, particularly if the exemption rule to be revised to allow exclusion exclusion. Commenters believe these is based upon ‘‘short supply’’ requests to cover ranges or dimensions broader exclusions would allow steel considerations or a general lack of U.S. within the same HTSUS code and products to be reviewed in a broader availability. Commenters also note that thereby streamline the process for both fashion and provide the Department the current system increases the burden importers and the Department. with an opportunity to more accurately on requesters and the Department and Commenters asserted that not only do assess domestic availability in relation creates needless enforcement and current limitations unduly burden the to all the requests relating to that compliance issues at the border, as requester by requiring duplicative particular type of steel. Some suppliers, importers, and end-users requests, they also burden objectors who commenters, to further support their must determine how to monitor, must respond individually to each position, asserted that the Department segregate, track, and report all such request and the Department that must and the USTR relied on such a product- supply chain details to CBP at the time consider each request. The commenters based exclusion process as part of the of entry. Therefore, these commenters believe that substantively the Section 201 steel safeguard proceedings believe a ‘‘product’’ exclusion should be Department could still adequately track more than a decade ago. granted for ‘‘the product’’ itself, what was being approved in exclusions BIS response: The March 19 rule was regardless of supplier or country of without retaining this unnecessary not clear enough on this issue. origin. restriction. Another commenter raised Identifying, evaluating, and approving BIS response: The Department does concerns that the current process broad product-based exclusions is done not agree. Parties applying for increases the possibility of inconsistent solely by the Department. Individuals exclusions are required to identify the treatment for individual requests that and companies do play a role in this source countries for the single product are only different based on an process, but that role is limited to for which the exclusion is requested, the insignificant dimension. Commenters submitting exclusion requests, annual quantity to be supplied, and the recommended the Department clarify objections, and the rebuttals and name of the current manufacturer(s)/ that a single exclusion form may be surrebuttals being added with the supplier(s), and the country of the submitted for similar products and publication of today’s rule. The manufacturer(s)/supplier(s). The allow reasonable ranging of chemistry Department is responsible for exclusion request, if granted, will only and dimensions (including width, identifying market trends in specific pertain to the identified supplier(s) height, length, diameter, and thickness) exclusion requests that may warrant listed in the exclusion request form and based upon standard industry practice. approving broad product-based the specific country of origin identified BIS response: BIS designed both the exclusions. In identifying these market by the requester. The Secretary has the steel and aluminum exclusion and trends, the Department will place discretion to make broader exclusions objection forms with input from a particular importance on the objections available to all importers if the variety of U.S. Government and industry being provided or lack thereof. The Department finds the circumstances experts. The goal was to obtain Department understands that this is a warrant it, and the Secretary will sufficient information from the more time intensive process for all exercise this discretion as appropriate, exclusion filer to allow a U.S. parties involved, but it ensures that the but only after exclusion request in the manufacturer of steel or aluminum to granting of broad based product ordinary course. file a credible objection to that specific exclusions is done in a measured and Comment (f)(8)(iii): If the Department exclusion. To be credible, the objection deliberative way so as not to undermine determines a product is not available in must state that the objector can produce the Proclamations and their objective of U.S., then broader product (categorical) the specific product for which the protecting critical U.S. national security exclusion available to all should be exclusion is requested within the time interests. approved. Commenters requested that if frame covered by the exclusion request. Comment (f)(8)(ii): Product exclusions a product is not made in the United The forms allow for a product that may must not be company-specific and States or is not made in sufficient be within a narrow range. Today’s rule should apply broadly to all products quantity or quality, the Department is adding two sentences to paragraph from all sources meeting the exclusion grant a broader product exclusion (not (c)(2) to clarify these types of issues. requirements. Some commenters believe just on company by company, product product exclusions should be broadly by product basis). Commenters Define Process for Obtaining ‘‘Broad considered and granted on a product- requested that any domestic industry Exclusions’’ and Use This Process To specific basis, regardless of source, objections to such a categorical Make the Exclusion Process More manufacturer, country-of-origin, or exclusions be accompanied by specific Effective supply chain. They argued that the evidence demonstrating when domestic Comment (f)(8)(i): Provide details on Department should use an exclusion capacity is projected to come on line. how to apply for broad exclusions. process similar to the one used during One commenter requested that the Commenters asserted that the statement the Section 201 safeguard measures on Department allocate resources to ‘‘unless Department approves a broader imported steel in 2002 in which accelerate the identification of products application of the product-based exclusion requests were not tied to where there is currently no (or very exclusion request to apply to additional specific supply chains, manufacturers, limited) U.S. production and none is importers’’ clearly contemplates that the or countries. The commenters asserted likely to be available before a to-be- Department is considering approving that a company-specific exclusion determined future date. Such action broader exclusion requests that can scheme is unduly restrictive, arbitrary, would ease the burden on users of these apply to multiple importers and that the and ignores commercial realities. They types of products. Moreover, once the

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review is completed, the commenter exclusion request, to object, and if they origin, so it would be inappropriate for argued that the Department would be submitted an exclusion request or the Department to make the proposed able to focus its resources on analyzing objection, to participate in the rebuttals/ change. However, as described below, exclusion requests where there is surrebuttals process created with the today’s rule does add a new Note to substantial U.S. production or where publication of today’s rule. This is paragraph (c)(2) to both supplements to there is expected to be substantial U.S. important because a domestic steel or allow for product exclusions for production in the foreseeable future. aluminum manufacturer that may not countries subject to country-based BIS response: As asserted above, the have had the capacity to produce when quantitative limitations. individuals or organizations applying reviewing the previously approved Validity Periods for Exclusions for an exclusion must specify the exclusion request may be able to precise steel or aluminum product, produce ‘‘immediately’’ at the time a Comment (f)(11)(i): Concerns that one including whether a product is later exclusion request is filed. year is insufficient and arbitrary. customized. Parties applying for Commenters thought that granting of the exclusions are required to identify the Country of Origin (Various exclusion for one year is arbitrary. A source countries for the single product Recommendations for How It Should Be commenter asked if the product is not for which the exclusion is requested, the Used in the Exclusion Process) available domestically now, why the annual quantity to be supplied, the Comment (f)(10)(i): Exclusions should Department believes it will be available name of the current manufacturer(s)/ not be country specific. One commenter next year, or the year after, or ever. supplier(s), and the country of the recommended the Department allow Commenters requested that instead of manufacturer(s)/supplier(s). The companies granted product exclusions forcing importing manufacturers to go exclusion request, if granted, will only to import the product tariff-free from through this arduous exclusion petition pertain to the identified supplier(s) any country, given that the basis of the process every year, the Department listed in the exclusion request form and exclusion request is that the U.S. require aluminum and steel the specific country of origin identified company cannot source the product manufacturers to prove that the by the requester. The Secretary does domestically. domestic supply exists in the quantities have the discretion to make broader BIS response: As noted above, the and the quality specifications necessary exclusions available to all importers if Department, in consultation with other before ending any exclusion. the Department finds the circumstances Federal agencies, has the authority to BIS response: Generally, an exclusion warrant it, and the Secretary will grant exclusions from the additional is granted for one year from the date of exercise this discretion as appropriate, duties imposed in the Proclamations for signature. Parties should review the but only after an exclusion request in products that are not produced in decision document for this information. the ordinary course. sufficient quantity or quality in the As described below, the Department Comment (f)(9): Provide streamlined United States or for specific national does have discretion to approve varying process whereby a second company security considerations. Parties applying validity dates depending on the facts seeking to use an exclusion already for exclusions are required to identify surrounding an exclusion. Also as granted to another U.S. company can the source countries for the single referenced above and described in more quickly obtain the right to use the same product for which the exclusion is detail below, today’s rule is adding a type of product exclusion. Commenters requested, the annual quantity to be new paragraph (h)(2)(iii) to provide thought requiring that each exclusion supplied, the name of the current more information on the criteria the granted be available only to the manufacturer(s)/supplier(s), and the Department uses to determine the company that requested it is inefficient country of the manufacturer(s)/ appropriate validity date for an and time-consuming. Commenters supplier(s). The exclusion request, if exclusion. recommended the Department provide a granted, will only pertain to the Comment (f)(11)(ii): Clarify that streamlined process whereby a second identified supplier(s) listed in the approvals can be less than one year company seeking to use an exclusion exclusion request form and the specific when warranted. One commenter already granted to a U.S. company can country of origin identified by the requested that the final rule clarify that quickly obtain the right to use the same requester. The Secretary does have the although exclusions generally will be product exclusion. discretion to make broader exclusions granted for one year, a shorter time BIS response: The Department will available to importers if the Department period may be granted if the objector allow exclusion requesters to reference finds the circumstances warrant it, and provides information showing that an a previously approved exclusion, but the Secretary will exercise this exclusion is only warranted for a shorter the new requester must still fill out the discretion as appropriate, but only after period of time (e.g., that the objector can exclusion form and their new exclusion an exclusion request in the ordinary begin or expand domestic production in request will be evaluated based on the course. less than one year). information included in their exclusion Comment (f)(10)(ii): Department BIS response: The Department agrees request. New requesters may include a should consider country of origin when and confirms approvals can be less than copy of the original approved exclusion assessing a request. A commenter one year when warranted. Today’s final request, but simply referencing the recommended that the Department rule is adding a new paragraph (h)(2)(iv) approval identifier of the previous consider the country of origin, and to provide additional context on the approved exclusion is sufficient and is prioritize the requests of those countries general one year validity date and when what the Department recommends in that are national security allies, such as a shorter or longer validity date may be such scenarios. The existence of a members of the European Union. In the warranted. New paragraph (h)(2)(iv) preexisting approved exclusion request commenter’s view, such an approach includes application examples for when for another individual or company would be in consonance with the a longer period may be warranted for would not be determinative for the national security aims of the tariffs. the validity period. review of a new exclusion request. Each BIS response: The review criteria Comment (f)(11)(iii): Should be five request is reviewed on a case-by-case based on the Proclamations and the two years or longer. One commenter basis, and potential objectors will have supplements added in the March 19 rule requested that the Department explicitly an opportunity to review the new do not take into account the country of provide for exclusion validity periods of

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five years, subject to renewal thereafter, continuous supply would be a massive Department to conduct its review of the and for the length of specific projects waste of the Department’s resources and exclusion request and would likely slow discussed in submitted exclusion overly burdensome to domestic steel the entire process down. The number of requests where U.S. domestic parties users. These commenters believe that if exclusion requests being reviewed is cannot demonstrate sufficient capacity the Department has found in the first substantial, and one of the purposes of to meet the long-term requirements set instance that an exclusion should be today’s rule is to make improvements in forth in an individual exclusion request granted because of the lack of domestic the efficiency of the process. Where or multiple exclusion requests for the supply, it should be up to the domestic warranted to improve the transparency same specific product. This commenter suppliers to demonstrate that their or fairness of the process, the supported its position by noting that capabilities have changed. Department has implemented changes while one year is an easily definable BIS response: As described above, that may increase its workload, but time period, it does not reflect the today’s rule is adding a new paragraph otherwise the focus is on trying to reality of business planning, particularly (h)(2)(iv) to provide additional context streamline the process to improve it for where long-term, large-scale on the general one year validity date all parties involved. investments and purchasing contracts and when a shorter or longer validity Add Rebuttal Process and Specify are involved, such as are typical in the date may be warranted. The new Criteria for Review of Objections oil and natural gas industry. In the paragraph (h)(2)(iv) includes examples commenter’s view, a five-year product for when a longer period may be Comment (f)(13)(i): Must add a exclusion is required to accommodate warranted. rebuttal process (to allow exclusion project planning and to reflect the Comment (f)(11)(v): Product request submitters to respond to reality of the long lead time from exclusions should be permanent, not objectors). An area of significant purchase order to delivery of products. temporary (and on a universal basis). concern for commenters was the The commenter recommended that U.S. One commenter believes that temporary absence of a formal rebuttal process in manufacturers be provided the exclusions inject significant uncertainty the March 19 rule. Commenters opportunity, regarding any exclusions into the business planning of companies recommended that the final rule should granted, to prove that they have and will only increase costs for provide an even-handed, reciprocal developed new capacity to meet companies as they have to alter their process that allows interested parties to quantity and/or quality specifications of supply chains. respond to objections. The supplements entities granted petitions. BIS response: The Department does added in the March 19 rule currently BIS response: As described above, not believe that permanent exclusions provide an unbalanced rebuttal process today’s final rule is adding a new would be consistent with the intent of under which any interested party may paragraph (h)(2)(iv) to provide the Proclamations and is concerned that respond to a request, but the requester additional context on the general one such exclusions might in fact is not permitted a response. These year validity date and when a shorter or undermine the resurgence of certain commenters believe that requesters longer validity date may be warranted. steel and aluminum manufacturing must have the ability as a matter of The commenter’s recommendation to critical to protecting U.S. national procedural due process to respond to allow objectors to provide additional security. The Secretary does have the objections. These commenters information to permit re-reviewing an discretion to make broader exclusions recommended that the Department approved exclusion request would available to all importers if the should therefore provide requesters a likely require adding provisions to Department finds the circumstances 15-day period to respond to any revoke existing approvals. The warrant it, and the Secretary will objections. These commenters asserted Department did not add such provisions exercise this discretion as appropriate. that a rebuttal process is consistent with in this rule because the Department Comment (f)(12): Allow supporters of due process and responsible believes there are likely many other exclusion requests an opportunity to administrative decision making. members of the public who believe such submit comments. One commenter was Therefore, these commenters changes would add unpredictability and concerned that while the March 19 rule recommended that the final rule should undermine their ability for long range provides an opportunity for any provide: A limitation on rebuttals to planning. The Department does, individual or organization in the United potentially aggrieved domestic however, welcome comments in States to file objections to exclusion manufacturers of specific articles sought response to today’s rule on this requests, it does not provide a similar to be excluded, plus a response by the commenter’s idea of allowing longer opportunity for such persons to make applicant; in the alternative, if rebuttals validity periods, with the understanding submissions in support of other parties’ are not limited to domestic that potential objectors could come back exclusion requests. This commenter manufacturers, a response by an at any time during such periods to recommends the Department permit interested party. These commenters said request a readjudication of the product such filings. that it is important to allow the exclusion. BIS response: The Department requester an opportunity to reply to the Comment (f)(11)(iv): Exclusions disagrees. The Department understands objections raised to make certain that should not be limited to an annual the desire of affected or similarly the Department has all the information basis. Commenters requested that situated parties to provide submissions necessary to determine whether exclusions be indefinite until of support. However, the original domestic steel producers can actually challenged and domestic production is submitter of an exclusion request is best fulfill their needs. For U.S. companies demonstrated. These commenters situated to provide the specific using steel in their production process, asserted that a year is not a long time information for the exclusion request determining which suppliers to use is a in the manufacturing cycle, and and, under the new process for rebuttals decision that is carefully considered companies will need to plan out their and surrebuttals adopted in this rule, based on their economic and supply chains further into the future. will be allowed to submit rebuttals to manufacturing needs. One commenter They also asserted that requiring all any objection received. Allowing other remarked, ‘‘Without carefully assessing companies granted exclusion requests to parties to submit statements of support and soliciting reasons why certain steel go through this process yearly to ensure is not needed in order for the suppliers are used in this process, the

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Department runs the risk of creating of the objection review process for the appropriate decisions based on a lasting damage to the U.S. public. common understanding of the facts at manufacturing sector.’’ The commenters Comment (f)(13)(iii): Failure to object hand. thus warned against finalizing product should result in automatic approval. A Comment (f)(13)(v): Objections based exclusion requests without a complete commenter asserted that the on future capacity. One commenter record, arguing that decisions in such supplements added in the March 19 do requested that any objector objecting cases could be arbitrary and capricious, not indicate what happens if there is no based on anticipated capacity coming unfairly biased against U.S. businesses objection filed to a request within 30 on line be required to provide specific that rely on imported articles, or days. This commenter recommends that evidence of when such capacity will exacerbate risks to national security. the Department should make clear in come on line and that it can and BIS response: The Department agrees the final rule that the failure of any actually will make the exact same that adding a rebuttal and surrebuttal party to object to an exclusion request product that is the subject of the process will improve the process. The should result in automatic approval of exclusion. Many commenters hit on Department has accordingly developed the request, and the approval should be similar concerns and made similar type and is adding with the publication of issued within 15 days of the end of the of recommendations. today’s rule a rebuttal process described 30-day period. BIS response: The Department agrees under paragraph (f) in the two BIS response: The Department will that representations made by objectors supplements to allow exclusion grant properly filed exclusion requests must be supported by information that requesters to provide evidence refuting which meet the requisite criteria, identifies clearly whether the capacity is objectors’ claims of domestic capacity, receive no objections, and present no currently available or will be as well as a surrebuttal process to allow national security concerns. After an ‘‘immediately.’’ As described above, the objector to respond to the rebuttal. exclusion request’s 30-day comment today’s rule is adding a new paragraph The rebuttal and surrebuttal process period on regulations.gov, BIS will work (c)(6)(i) and revising paragraph (d)(4) to will enhance the review process to with CBP to ensure that the requester make these requirements clear to provided an accurate HTSUS statistical objectors. The information required on ensure Department decision makers reporting number. If so, BIS will the objection form will assist the have as much relevant information as immediately assess the request for Department in making these possible when assessing exclusion satisfaction of the requisite criteria and determinations whether sufficient requests. any national security concerns. If BIS supply is available in the U.S. to Comment (f)(13)(ii): More criteria concludes that the request satisfies the warrant denying an exclusion request. needs to be added for objections. One criteria and identifies no national The rebuttal and surrebuttal process in commenter asserted that while the security concerns with granting the today’s rule is adding to paragraphs (f) March 19 rule indicated a 90-day request, BIS will expeditiously post a and (g) in the two supplements will response time, it does not state the decision on regulations.gov granting the enhance this process and the standards for reviewing an application exclusion request. Today’s rule adds in information the Department is receiving or what consideration the Department a new paragraph (h)(2)(ii) a streamlined to ensure appropriate decisions are will give to objections, including those process for approving exclusion being made based on a common that readily admit to not currently requests that do not receive objections. understanding of the facts at hand. producing the subject material in the Comment (f)(13)(iv): Objection based Comment (f)(14): Add fair quantity, or the quality, needed. Along on ability to produce. One commenter administrative and judicial review similar lines, another commenter raised recommended that the objector be procedures for exclusion concern that the March 19 rule says very required to ensure that it can produce determinations. One commenter little about the nature of or criteria for the precise product described in the requested that the final rule articulate lodging the objection, other than it exclusion form and not merely similar fair administrative and judicial review should ‘‘clearly identify, and provide products. Many other commenters procedures for exclusion support for, its opposition’’ to the asserted similar concerns and determinations. This same commenter exclusion. The objection form provides recommendations in this area about not recommended that final action by the some additional requirements falling into an equivalent trap that Department be immediately appealable (including production capabilities in the would undermine the ability of these to an appropriate administrative U.S. relative to the exclusion request downstream users of steel and appellate body, and/or the Court of production), but it simply allows the aluminum to function effectively. International Trade. The commenter objector to assert that it makes ‘‘similar’’ BIS response: The Department agrees provided its thoughts on what courts merchandise. that an objector must be able to make may be appropriate, including the BIS response: The Department agrees the same steel or aluminum product or limitations that may make those that it would be beneficial to add one that is equivalent, meaning suggested courts not the right legal additional information to the two ‘‘substitutable for,’’ the one identified in venue. The commenter asserted that supplements to better define the review the exclusion request that is the subject while it believes the Court of criteria for objections. Today’s rule of the objection. As discussed above, International Trade may be the amends paragraph (d)(4) to better define today’s rule adds new paragraphs appropriate forum for some appeals, how the Department will review (c)(6)(ii) to better define what there are clear exceptions to the Court’s objections, including providing constitutes satisfactory quality and jurisdiction where Presidential application examples and important (c)(6)(i) to better define what constitutes Proclamations involve matters other considerations for objectors to take into sufficient and reasonably available steel than tariffs, such as national security. account when they are making or aluminum. The rebuttal and BIS response: There is no specific representations in an objection. Today’s surrebuttal process that today’s rule is appeals process. However, if a request is rule also makes changes to paragraph (h) adding to paragraphs (f) and (g) in the denied, a party is free to submit another to provide additional information for two supplements will enhance the request for exclusion that may provide the disposition of objections. These review process and the information the additional details or information to changes will improve the transparency Department is receiving to ensure support the request. As described above,

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today’s rule is also adding a rebuttal and case if circumstances have changed in As with any new process, there has been surrebuttal process to allow those terms of their capacity. Commenters a learning curve for the public using individuals and organizations that were concerned about the lack of regulations.gov, and this will continue submitted an exclusion request that information provided on how the to a lesser degree with the rebuttals and received objections to submit rebuttals Department plans to review granted surrebuttals today’s rule is adding. The during a 7 day review period of the final exclusions at the conclusion of their Department has significantly increased objection posted for their exclusion one-year approval period. They asserted the number of people working on request. These changes will improve the that lack of information about the exclusion requests and objections, process and allow such parties an process injects a huge amount of including adding many new people who opportunity to provide additional uncertainty into supplier agreements, previously had not used regulations.gov, information to the Department that they which typically extend well beyond one so we understand that it takes some believe should be considered. year. These commenters requested that time to get familiar with the system. The additional information on the process Department has also found for itself, as The Department Should Provide for requesting renewal of an exclusion well as members of the public that we Detailed Information on the Process for be provided and that such process be have spoken to on the phone regarding Extending an Exclusion Request Beyond clearly explained and not overly using regulations.gov, that the comfort the Initial One Year burdensome. Commenters level is increasing, and we anticipate Comment (f)(15)(i): Allow submissions recommended that the Department this will continue. of renewals prior to expiration date of require the domestic producers to Comment (g)(2): Ensure exclusion and approved exclusions. A commenter provide evidence that the circumstances objection criteria are limited to that recommended that the final rule be leading to the grant of the original covered by the Proclamation. A revised to clarify that requests for the exclusion order have changed. Several commenter was concerned whether the extension of an exclusion be submitted commenters recommended that the exclusion form was introducing criteria prior to the exclusion’s expiration to Department amend the supplements that was not consistent with the avoid any disruption to the supply added in the March 19 rule such that, Proclamations. The commenter asserted chain. if no facts or circumstances regarding that the Proclamation is clear that if a BIS response: The Department agrees, the original exclusion request have steel article is not produced in the but also clarifies that the existing changed, a filing company would not be United States in a sufficient and provisions from the March 19 rule required to file a completely new reasonably available amount or of already allow renewal requests at any exclusion request to retain the benefit of satisfactory quality, the Department time. Technically, each new submission a request that has already been should grant an exclusion. However, the is a new exclusion request, but an approved. exclusion request form contains many applicant may, as an additional BIS response: The Department fields beyond those factors. The supporting document in a letter of believes the renewal process outlined in commenter recommended that the explanation, reference a previous the response to Comment (f)(15)(i) Department make it clear that it will not approval whether that is still valid or appropriately complies with the be considering if ‘‘substitute products’’ not. Individuals and companies will Proclamations and balances the are available, nor the ability of CBP to need to file a new exclusion request competing interests. easily distinguish the product when before the expiration of any granted making its decision as to whether an Comments on the Exclusion Form exclusions to avoid any interruptions in exclusion is approved. their tariff relief. A copy of the previous Comment (g)(1): Provide more BIS response: The Department does approval is not needed, simply referring guidance on using regulations.gov. A not agree that information being to the previous regulations.gov approval commenter requested BIS provide requested on the forms is inconsistent number in the new application is direction on the steps needed to use with the criteria included in the sufficient. The existing approved regulations.gov to submit an exclusion Proclamations and the supplements exclusion would not be amended, but request. This commenter was having added in the March 19 rule. The may assist the Department in reviewing difficulty determining which link or information being requested is needed a new exclusion request. Each approved button in regulations.gov it needed to by the Department to make a exclusion is limited to a set time period use to submit the exclusion application determination whether one of the three because there will be changing domestic submission itself. criteria identified in the Proclamations production capabilities and product BIS response: The Department agrees can be met. As described above, today’s availability as U.S. steel and aluminum that providing guidance on the use of rule is making various changes to clarify manufacturers increase production. regulations.gov is needed and has these types of issues and to add greater Each exclusion request is reviewed on already taken steps to address this issue. transparency to the process. The its own merit and on a case-by-case As described above, the Department has changes being made in today’s rule will basis, so the existence of a previous posted step-by-step guidance documents give the public a better understanding of exclusion approval is not a guarantee a and various helpful tips on the criteria that the Department is using new exclusion request will be approved. regulations.gov under the two docket to review exclusion requests, objections, As a time saving tip, requesters may numbers, as well as on the Commerce and rebuttals and surrebuttals being reuse the original form submission and website, to assist the public’s added with today’s rule. Today’s rule just update the fields that need to be understanding and to reduce the burden also clarifies the references to CBP and updated by downloading the form, in getting used to using regulatons.gov. how they fit into the process to ensure making any needed updates, and then Today’s rule also, as described below, that what is being approved is submitting the updated form in adds an Annex 1 to Supplements No. 1 implementable. Providing false regulations.gov as a new submission. and 2 to Part 705, which will assist the information to CBP in the form or Comment (f)(15)(ii): Renewal process public in using www.regulations.gov for providing a HTSUS statistical reporting should be simple, streamlined and application issues specific to number that is not correct may result in burden placed on U.S. steel and submissions under the exclusion, other import or export clearance related aluminum manufacturers to make the objection, rebuttal, surrebuttal process. penalties from the U.S. Government, so

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ensuring that an individual or companies in opposition to a request, process, but this commenter, similar to organization that submitted an even if the association included the commenter (h)(1) above, did highlight exclusion request used the correct specific data requested for evaluating an inconsistency that needs to be HTSUS statistical reporting number will the objection. The commenter believes addressed between the objection form ensure an approved exclusion is the submission of a single objection and the two supplements added in the implementable, as well as being representing the views of a range of steel March 19 rule. As described in the BIS consistent with other U.S. regulations. producing companies is a far more response to comment (h)(1) above, Comment (g)(3): Concern over the use efficient way for the Department to today’s rule is making changes to of ranges on the forms. Commenters receive comments in opposition to an address this inconsistency between the raised concern that the form has caused exclusion request. objection form and the two supplements confusion in the industry due to the BIS response: The Department agrees added in the March 19 rule by revising seemingly contradictory language that there is an inconsistency between paragraph (d)(1). wherein field 2.j. notes that ‘‘Ranges the objection form and the supplements Comment (h)(3): Consolidated . . . are allowed,’’ but field 3.b. added in the May 19 rule. In order to objections from industry would allow for prohibits ‘‘a range of products and or address this inconsistency, today’s rule better analysis by the Department and sizes.’’ These commenters believe these is revising paragraph (d) in both reduce burden on industry and the inconsistencies have added additional supplements to clarify that the Department. A commenter asserted that uncertainty to an already opaque individuals and organizations in the for particularly large volume exclusion process, with requesters unsure if and U.S. that may submit objections are requests, one domestic steel when ranges are permissible. Therefore, limited to those using aluminum or steel manufacturer may not have the entire these commenters recommended that in business activities (e.g., construction, unutilized capacity to meet the needs the Department clarify what it means manufacturing, or supplying steel or that form the basis of that exclusion regarding permissible use of ranges and aluminum products to users). The request. However, the domestic industry do so with specific examples, including purpose of the objection process (as well may very well have capacity in the illustrative examples demonstrating the as the surrebuttal process being adding aggregate to meet such orders. Absent outer bounds of any impermissible in today’s rule) is to determine whether permitting a single combined range for each such physical dimension an exclusion should be approved or submission by members of the domestic (e.g., width range generally may not denied, so the objector needs to be able industry that can provide aggregate data exceed 100 mm; thickness range may to provide information relevant to the for the Department to review, the not exceed 50 mm). fields identified on the form. The Department would need to collect that BIS response: The Department Department needs the information information from each of the members, designed both the steel and aluminum identified in those fields to fairly and expending unnecessary time and exclusion/objection forms with input consistently make determinations on the resources and increasing the risk that from a variety of U.S. Government disposition of exclusion requests when complete information will not be experts and industry association objections are submitted, as well as available to consider. Thus, at the very material experts. The goal was to create rebuttals and surrebuttals being added least, the commenter requested that the a balance of information requested from to the process with the publication of Department revise the supplements the exclusion filer to allow a U.S. today’s rule. The need for efficiency added in the March 19 rule and manufacturer of steel or aluminum to requires that objectors be able to address file a credible objection to that specific all of the applicable fields on the objection form to provide for joint exclusion. The forms allow for a objection form in order to submit a submissions of ad hoc associations of product that may be within a range but credible objection that may warrant the companies to oppose ‘‘insufficient not products across a wide range. A Department’s denying an exclusion volume’’-based exclusion requests. permissible range must be within the request. Today’s rule addresses this BIS response: The Department does minimum and maximum range that is inconsistency by revising paragraph not agree. The Department is relying on specified in the tariff provision and (d)(1) to clarify who may submit an the product expertise of ITA, as well as applicable legal notes for the provision. objection to a submitted exclusion the information that the Department is As referenced above, today’s rule is request. receiving through the exclusion requests adding two sentences to paragraph (c)(2) Comment (h)(2): Specific fields on the and objections, which will be enhanced to clarify these types of issues. objection form that would appear to further with the rebuttal and surrebuttal prevent certain parties from being able process being added by today’s rule. Comments on the Objection Form to submit objections. Question 2b on the Because of the significant amount of Comment (h)(1): Rule and the objection form asks respondents to exclusion request and objection activity objection form are not in sync for who ‘‘discuss the suitability of your the Department has been managing may submit an objection because of organization’s steel products’’ and since March 19, the information that the certain questions on the objection form. question 3 asks ‘‘what percentage of the Department has on the U.S. market for A commenter asserted the March 19 rule total steel product tonnage requirement steel and aluminum production and its indicates that ‘‘any individual or covered under the exclusion request gaps (both in supply and quality) is organization in the United States may . . . can your organization deepening quickly. The Department is file objections to steel exclusion manufacture?’’ These questions appear the party that will identify when requests.’’ However, the commenter to create a bias against opposition broader based exclusions may be asserted that the Response Form for comments from organizations that are warranted for approval after Objections to Posted Section 232 not actual producers of steel product, consideration and approval by the Exclusion Requests—Steel (the given that the March 19 rule indicates Secretary. The Department Response Form) is structured to accept that objections that do not include the acknowledges that this process may not only the information of a single information requested on the objection be the most efficient for approving these company, which would not appear to form ‘‘will not be considered.’’ types of broader exclusions, but it will provide an opportunity for a joint BIS response: The Department ensure that any approved exclusions do submission by an ad hoc association of disagrees that there is any bias in the not undermine the larger objectives of

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the tariffs and the need to protect granted. The commenter is concerned help simplify the process for importing critical U.S. national security interests. that this creates huge disadvantages for excluded merchandise without delay or those seeking and obtaining exclusions duties, e.g., mill test certificates, origin Suggestions for Examples of Broad because any merchandise on the water certificates, and export licenses. Based Product Exclusions That Could (or about to be shipped) remains subject A commenter requested that the Be Implemented to potential duties until the forms are Department clarify how it will instruct A number of commenters representing posted, regardless of eligibility for and assist CBP in enforcing and a wide range of industries submitted exclusion. administering exclusion requests, their initial suggestions for what should BIS response: The date for applying including whether it will adopt any type be included in broad based product duty refunds is established in the of import licensing system. exclusions. These requests for broad Proclamations as amended. A commenter requested that the based product exclusions included Comment (j)(2): Clarify who pays and Department address how it will enforce primary aluminum and fabricated can the process for obtaining refunds for and administer product exclusions sheet, aluminum foil, Grain Oriented tariffs paid before exclusion granted? simultaneously with country Electric Steel (‘‘GOES’’), tinplate and tin Commenters were concerned about the exemptions, particularly given the free steel, specialty chrome products lack of information on the process for current temporary nature of some of the used in deepwater oil and gas wells, obtaining refunds for tariffs once an country exemptions. A country products used across the entire crude oil exclusion request is approved. exemption establishes a quantitative and natural gas production industry, Commenters asserted that the limit for steel or aluminum that may be and certain steel and aluminum supplements are silent on the issue of imported from a specific country, but products that are critical to motor whether a company that successfully once the quantitative limitation is vehicle parts manufacturers. At this obtains a product exclusion may obtain reached no additional quantity of that time, the Department does not believe it a refund of duties paid on such products steel or aluminum may be imported is warranted to add a broad based already entered through U.S. customs from that country. Commenters assert product exclusion for any of the procedures. Commenters recommended they are concerned about the examples provided in the comments that the rule should be amended to quantitative limitations because if the received on the March 19 rule. This describe this refund process in detail. supply of steel or aluminum is needed does not preclude the Department from BIS response: The Department from such a country once the reevaluating this determination once clarifies here that if an exclusion is quantitative limitation is reached, there additional exclusion requests are granted, the party would then work with will be no alternative supply. For submitted and additional information CBP on the refund mechanism. CBP has countries not subject to quantitative provided to the Department in the provided public guidance on the limitations an unlimited amount of steel objection, rebuttal, and surrebuttal process for requesting refunds in CBP’s or aluminum may be imported, but if processes is evaluated further and Cargo Systems Messaging Service not subject to a product exclusion, patterns begin to develop that may message #18–000378 available at would be required to pay the applicable warrant granting broad product based https://csms.cbp.gov/viewmssg.asp? tariff of 25 percent for steel and 10% for exclusions for some or all of these Recid=23577&page=&srch_argv=232& aluminum. The commenter requested referenced items. The intent of the srchtype=&btype=&sortby=&sby=. that if country exemptions are tied to March 19 rule was for the Department quotas (referred to henceforth as to identify these candidates for broad Comments Dealing With CBP quantitative limitations) (or any other product exclusions over time based on Enforcement and Implementation of type of import restriction), the experience with reviewing and Product Based Exclusions and Country Department work with the USTR and approving exclusion requests submitted Based Exclusions CBP to develop a workable solution to by individuals or companies. This is the Comment (k)(1): Concerns with CBP simultaneously monitor and enforce reason why the March 19 rule did not implementation and enforcement of product exclusions, country have any provisions that described how exclusions. A commenter raised exemptions, and any quantitative individuals or organization could concerns that the detailed and limitations used to enforce country request broad based product exclusion individualized nature of the exclusion exemptions. requests. The Department believes this requests (i.e., product specificity and BIS response: The Department has is the correct approach and is supply chain specificity) virtually been working closely with CBP in the continuing this same regulatory ensures that compliance and development and implementation of the framework in today’s rule. enforcement will be complicated. A product exclusion process. BIS will not commenter requested that the issue a decision granting an exclusion Process and Timing for Obtaining Tariff Department clarify the following details until CBP confirms that the exclusion is Refunds for Approved Exclusion to facilitate enforcement by CBP: administrable, meaning the exclusion Requests Amendments to Entry Forms: The request designates the correct HTSUS Comment (j)(1): Clarify effective date commenter argued that the Department statistical reporting number. The for exclusions. Commenters were should recommend changes to CBP Department will provide CBP with concerned that the slowness of the entry forms to allow easier enforcement. information that will identify each process may nullify exclusions for many Such changes might include creation of approved exclusion request, as interested parties. A commenter was a separate line item on the 7501 form to described in the preceding paragraph. concerned that exclusions (once declare such duties, similar to the way Individuals or organizations whose granted) appear to apply only to imports CBP enforces the collection of exclusion requests are approved must of a specific product arriving after the antidumping and countervailing duties. report information concerning any request was posted for public comment. Entry Documentation: The commenter applicable exclusion to CBP. This means merchandise imported prior suggested that the Department specify Comment (k)(2): Department should to the posting of the request will not the documents required to be produced clarify that CBP’s ability to distinguish receive the benefits of the exclusion, at entry by each party in the supply a steel product is not a criterion for even if the exclusion is ultimately chain to create predictability and to granting an exclusion request. One

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commenter asserted that neither the adding paragraph (c)(6)(i)–(iii) to be aluminum article for which the Proclamations nor the March 19 rule say responsive to these types of comments. exclusion is requested is not produced anything about weighing the burden on Comment (l)(2): Product exclusion in the United States in a sufficient and the CBP to administer an exclusion as requests must be coordinated with reasonable available amount or of a being part of the criteria for whether to country exemptions to prevent ‘‘double- satisfactory quality or for specific approve an exclusion request. dipping.’’ A commenter requested in national security considerations. As Therefore, this commenter requests the order to ensure that the tariffs serve described above and in more detail Department not use this field on the their purpose of boosting U.S. steel below, today’s rule adds a Note to exclusion form as the basis for rejecting production, the Department and the paragraph (c)(2) that will be partially a request. USTR coordinate the allocation of responsive to these types of comments. BIS response: The Department does product-specific requests with any Comment (n)(2): Country exemptions not agree. In order for critical U.S. country-specific exemptions and any have been fluid, so difficult to include national security interests to be applicable quantitative limitations to that in the product exclusion analysis. protected and to be consistent with the prevent ‘‘double-dipping.’’ One commenter asserted that the Proclamations, the items included in an BIS response: The Department does country exemptions are fluid or not approved exclusion must be able to be not agree. The product based exclusions finalized, with caveats that the adequately identified by CBP to ensure process and the country exemptions President ‘‘will consider re-imposing importers are not exceeding the scope of process are separate processes. The the tariff’’ or ‘‘revisit this determination, approvals. Also as referenced above on Department does not take into account as appropriate,’’ which makes it difficult a similar comment, importers are approved country exemptions when to reliably include country exemptions responsible for providing a correct evaluating whether to approve an as part of the analysis for product based HTSUS statistical reporting number to exclusion request. Questions specific to exclusions. CBP, so the Department’s process of country exemptions should be directed BIS response: The product exclusion ensuring the HTS number is correct also to USTR. Today’s rule does, however, process operates independently of helps the importer to ensure the add a new Note to paragraph (c)(2) to country exemption discussions. information that they are otherwise allow for product exclusion requests for Decisions about country exemptions are required to provide to CBP is correct. countries subject to quantitative made by the President, based on his BIS will not issue a decision granting an exclusions using the same criteria assessment of the factors described in exclusion until CBP confirms that the specified in the supplements added in his Proclamations. Under the authority exclusion is administrable. In cases the March 19 rule and the granted by the earlier Proclamations, an where a request is denied for HTSUS Proclamations. The review criteria for exclusion request only applies to issues, companies are encouraged to whether to grant exclusion requests aluminum or steel imported from a work with CBP to confirm the proper from countries subject to quantitative country subject to a tariff. However, the classifications and resubmit. limitations does not take into account Proclamations 9777 and 9776 of August the current level remaining of a 29, 2018, allowed the Secretary to grant Country Based Exclusions Must Be quantitative limitation for a particular exclusions from quantitative limitations Taken Into Account When Determining country, but today’s rule does, for as described in this rule with the U.S. Supply consistency with the August 29, 2018, addition of Note to paragraph (c)(2). As Comment (l)(1): Country based Presidential Proclamation 9777 and the noted above, the Proclamation 9777 exclusions must also be taken into August 29, 2018, Presidential under clause 2 also created a separate account when determining U.S. supply. Proclamation 9776, takes steps along process that requires the Secretary to A commenter was concerned that the with CBP to ensure that the exclusions grant exclusions from quantitative March 19 rule and the exclusion request granted under the scope of paragraph (c) limitations. The Department cannot process and exclusion and objection do not undermine the purpose of the grant exclusion requests for aluminum forms appear to place too much country based quantitative limitations. or steel products imported from a emphasis on the availability of supply country subject to a quantitative in the U.S. market. The fact that U.S. Country Based Exemptions Must Not Be limitation, except as specified in the production cannot meet 100 percent of Taken Into Account When Determining Note to paragraph (c)(2) for purposes of demand for a product should not itself U.S. Supply today’s rule, or under clause 2 of be the basis for a product-specific Comment (n)(1): No way to guarantee Proclamation 9777. exclusion. This commenter foreign supply would be available to a Comment (n)(3): Product based recommended the proper interpretation U.S. based user. A commenter asserted exclusions should not be country of short-supply should be that the that the ability to potentially source specific and should be available for product cannot be produced at all in from a foreign country does not mean countries with quantitative limitations. either the U.S. or one of the other that a U.S. manufacturer would be able A commenter requested the Department exempted countries. to receive supplies from that foreign authorize all companies granted product BIS response: The Department does country and that such a consideration exclusions to import tariff-free from any not agree. The Proclamations authorize serves no purpose with regard to the available market economy source the Secretary of Commerce to grant goal of the Section 232 tariffs. Therefore, country because the basis of the exclusions from the duties only if the this commenter recommends it should exclusion request is that the U.S. Secretary determines that the steel or not be considered in this context. company cannot source the product aluminum article for which the BIS response: The exclusion process domestically. While the exclusion exclusion is requested is not produced is intended to be as narrowly focused as request process, managed by the in the United States in a sufficient and possible to ensure the larger objective of Department, is separate from the reasonable available amount or of a the tariffs—to protect critical U.S. country exemption process being satisfactory quality or should be national security—is achieved. The managed by the USTR, the commenter excluded based upon specific national Proclamations authorize the Secretary to urged the Department and USTR to security considerations. As described in grant exclusions from the duties only if coordinate and allow companies to more detail below, today’s rule is the Secretary determines the steel or apply for and be granted exclusion

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requests or pay the tariffs on products the authority granted by the the commenters and confirmed by the that go beyond a country’s quantitative Proclamations, an exclusion request experience of the Department, the limitation. only applies to aluminum or steel number of submissions for exclusion BIS response: As noted above, the imported from a country subject to a requests and objections have far exclusion request and objection process tariff, except as specified in the Note to exceeded original expectations, and the operates independently of country paragraph (c)(2)(in Supplements No. 1 Department is taking steps in this rule exemption discussions. Decisions about and 2 for steel and aluminum). Under to improve the efficiency of adjudicating exemptions are made by the President, today’s rule, the Department will be able those requests. In addition, the based on his assessment of the factors to grant exclusion requests for Department is making changes to described in his Proclamations. Under aluminum or steel products imported improve the fairness of the process by the authority granted by the from a country subject to a quantitative allowing the individual or organization Proclamations, an exclusion request limitation under the conditions that submitted an exclusion request or only applies to aluminum or steel specified in the Note to paragraph (c)(2) an objection to have an opportunity to imported from a country subject to a (in Supplements No. 1 and 2 for steel respond to information provided by the tariff. The Department cannot grant and aluminum). other party, leading to better and more exclusion requests for aluminum or informed decisions on exclusion Changes Made in This Interim Final steel products imported from a country requests. subject to a quantitative limitation, Rule to the Exclusion and Objection In paragraph (b)(5)(Public disclosure), except as specified in the Note to Process today’s rule is making explicit the paragraph (c)(2) (in Supplements No. 1 In order to improve the fairness, procedures for protecting and and 2 for aluminum and steel). transparency and efficiency of the submitting confidential business Comment (n)(4): Concerns that exclusion and objection process, as well information. Changes to paragraph (b)(5) country quantitative limitations will as add a rebuttal and surrebuttal will result in additional submissions by further restrict U.S. supply. A trade process, BIS, on behalf of the Secretary, email that the Department will need to association commenter asserted that it is publishing today’s interim final rule review and address, but the overall understands that the Department will to make a number of changes to improve benefit of creating a more transparent not entertain exclusion requests the process. These changes are process outweighs any possible covering steel from South Korea subject responsive to the comments received on reduction in the overall efficiencies of to a filled quantitative limitation and the March 19 rule and should improve the overall process. This rule revises the urges the Department to reverse this the process significantly. Because the paragraph (b)(5) heading to add the policy. The commenter argues that the two supplements are nearly identical, phrase ‘‘and information protected from policy treats steel from countries with with the same paragraph structure and public disclosure,’’ splits paragraph exemptions, such as South Korea, less regulatory provisions, this interim final (b)(5) into new paragraphs (b)(5)(i) and favorably than those countries that have rule makes the same changes to both (ii), and adds a new paragraph (b)(5)(iii). not been granted exemptions, such as Supplement No. 1 and No. 2 to Part 705. Paragraph (b)(5)(i) specifies that, except Russia and China. In this example, The only places where the regulatory for the information described in the new Russian and Chinese steel and changes made in this rule differ slightly paragraph (b)(5)(iii), individuals and aluminum would be permitted to be is in the application examples that are organizations must otherwise fully imported into the U.S. with an specific to steel or aluminum and the complete the relevant forms. Paragraph exclusion or be subject to tariffs. After samples of naming conventions for (b)(5) as added in the March 19 rule the steel quantitative limitation for submissions in regulations.gov that use already included this requirement, but South Korea is reached, however, the respective docket numbers in the based on the comments received, there companies would not be permitted to examples (BIS–2018–0006 (steel) and was some confusion about whether all apply for exclusions or pay tariffs on BIS–2018–0002 (aluminum)). fields needed to be completed on the additional South Korean steel, and steel Today’s rule makes conforming edits exclusion and objection forms and shipments would have to be returned or throughout the two supplements to add whether that requirement changed if the destroyed. Another commenter had references to the new rebuttal and submission included confidential concerns that since these are absolute surrebuttal process that today’s rule is business information. Today’s rule is quantitative limitations, there is no adding. The new rebuttal process is addressing those issues and will state opportunity for importers to pay the described below under paragraph (f). clearly in the regulatory text that all tariff and import the product if the The new surrebuttal process is fields have to be completed. quantitative limitation is filled, which described below under paragraph (g). New paragraph (b)(5)(ii)(Information constrains supply even further. These Except for the changes to new not subject to public disclosure should commenters requested the that paragraphs (f) and (g), the additional not be submitted) contains provisions to Department allow interested parties references to rebuttal and surrebuttal are explain clearly what information should who are subjected to quantitative being added when the process is being not be included on the forms, or in the limitations be able to use the Section referenced as a whole in the two information provided in rebuttals and 232 exclusion process to request an supplements—meaning whenever the surrebuttals, because these submissions exclusion from the quantitative terms ‘‘exclusion request’’ and and documents will be made publicly limitations for ‘‘short supply’’ or similar ‘‘objection’’ are used to describe the available on regulations.gov. The reasons regarding lack of domestic process. References to these two terms revisions made to paragraph (b)(5)(ii) availability. will, after the publication of today’s include adding a cross reference to new BIS response: As noted above, the rule, encompass exclusion requests, paragraph (b)(5)(iii)(Procedures for exclusion request and objection process objections, rebuttals and surrebuttals. identifying, but not disclosing operates independently of country It is important to understand that the confidential or propriety business exemption discussions. Decisions about Department is committed to having as information (CBI) in the public version, exemptions are made by the President, fair, transparent and efficient a process and procedures for submitting based on his assessment of the factors as possible for managing product confidential business information). described in his Proclamations. Under exclusion requests. As asserted above by Paragraph (b)(5)(iii) describes in detail

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how to submit confidential business importing steel or aluminum from a illustrative application examples of the information as a separate email country that has a country exemption. criteria to enhance understanding in submission to the Department that The exclusion form has been revised to new paragraph (c)(6)(i)(Not produced in would not be disclosed to the public, include one additional field for these the United States in a sufficient and but would still inform the Department’s types of exclusion requests. In reasonably available amount), review process of exclusion requests, requesting one of these types of paragraph (c)(6)(ii)(Not produced in the objections, rebuttals, and surrebuttals. exclusions, the requester will select the United States in a satisfactory quality), These new requirements include field on the exclusion request form to and paragraph (c)(6)(iii)(For specific specifying that an individual or indicate that the exclusion request is for national security considerations). organization filing a submission that importing from a country eligible for a In paragraph (d)(Objections to contains information for which CBI country exemption. This is important to submitted exclusion requests), today’s treatment is claimed must file a public assist the Department in identifying rule makes two changes, the first by version of the submission and then these types of exclusion requests, revising paragraph (d)(1) to narrow the follow on the same day the public assisting the Department in coordinating scope of the phrase ‘‘any individual or version was submitted, the requirements its review with other parts of the U.S. organization in the United States’’ to in paragraph (b)(5)(iii). These Government as warranted, and when also require that these individuals or requirements include specifying how coordinating with CBP on the organizations must be using steel or the information that will be submitted implementation of these product based aluminum in business activities (e.g., separately by email as confidential exclusions from countries subject to construction, manufacturing, or business information will be quantitative limitations. Today’s rule supplying steel product or aluminum summarized in a public version. New also adds examples of the types of product to users) to file objections to paragraph (b)(5)(iii) includes timelines information that a requester is required steel or aluminum exclusion requests. for the separate email submission of to include in support of these types of The Department views this change as a confidential business information in exclusion requests. clarification to the two supplements relation to the public submission. The In paragraph (c)(Exclusion requests), added in the March 19 rule to better new paragraph (b)(5)(iii) also specifies today’s rule is adding a new paragraph align the regulatory text with the text that submissions that contain (c)(6)(Criteria used to review exclusion and intent of the Proclamations and the confidential business information that is requests). As described above, several objection forms. Commenters on the not for public release must follow the commenters on the May 19 rule had March 19 rule correctly asserted that procedures in paragraphs (b)(5)(iii)(A)– concerns regarding whether the there was an inconsistency in the (C). The requirements in these Department was managing the process supplements that appeared to allow for paragraphs for email submission assist in a fair and transparent manner. any individual or organization in the the Department in identifying these Several commenters said that because of United States to file objections to steel submissions to allow the Department to the lack of specificity surrounding the or aluminum exclusion requests where properly associate these email three criteria included in the the objection form itself required submissions with the respective 232 answering a series of questions that submissions posted in regulations.gov. Proclamations and used in the Today’s rule adds a limitation in new supplements and exclusion request and could only reasonably be completed by paragraph (b)(5)(iii)(C) to specify the objection forms, it was difficult for the an individual or organization in the confidential business information is public to judge whether the process was United States that manufactures steel or limited to a maximum of 5 pages per being conducted in a fair and aluminum articles. As asserted by the rebuttal or surrebuttal. transparent manner. Today’s rule adds commenters, this inconsistency in the In paragraph (c)(2)(Identification of new paragraph (c)(6) to specify in much text created confusion for the submitters exclusion requests), today’s rule adds greater detail the criteria the Department on who may be eligible to submit an two sentences to clarify certain aspects is using to review the exclusion objection. Taking into account the of the forms and the two supplements requests. These additions to the two intended purpose of an objection (i.e., that caused confusion for several supplements will be responsive to the identifying whether the criteria commenters on whether ranges or various comments the Department described above being added to new multiple dimensions were permissible. received on the May 19 rule. The paragraph (c)(6)(i) and (ii) are met), the The first new sentence specifies that the introductory text of paragraph (c)(6) Department has determined that the exclusion request forms allow for specifies that the Department, as has most appropriate way to resolve the minimum and maximum dimensions. been the case since the March 19 rule inconsistency between the supplements The second new sentence specifies that was published, will review each and the forms is to revise the regulatory ranges are acceptable if the exclusion request in a fair and text to more closely align with the manufacturing process permits small transparent manner to determine objection form. As described above, this tolerances. A permissible range must be whether an article described in an is an example where the revisions made within the minimum and maximum exclusion request meets any of the three to the two supplements differ to make range that is specified in the tariff criteria included in the Proclamations. each revision specific to the provision and applicable legal notes for Specifically, whether the article is not supplement—meaning that steel is the provision. When additional context produced in the United States in a referenced in the revision to or explanation is needed on these types sufficient and reasonably available Supplement No. 1 to part 705 and of issues, the Department encourages amount, is not produced in the United aluminum is referenced in the revisions submitters—both requesters and States in a satisfactory quality, or for to Supplement No. 2 to part 705. The objectors—to provide additional specific national security Department also is making this change explanation as warranted. considerations. New paragraphs to improve the fairness of the exclusion Today’s rule also adds a new Note to (c)(6)(i)–(iii) provide more information request and objection process. paragraph (c)(2) to describe the process on the criteria used to review requests, Commenters correctly asserted that in for how an individual or organization including by defining keys terms used the March 19 rule the criteria for who may submit an exclusion request for in the review criteria and adding may submit an exclusion request under

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paragraph (c) was more restrictive than email submission to the Department. representations being made by an who may submit an objection. The page limit for confidential business objector. Commenters thought that difference was information is limited to a maximum of Paragraph (f)(1)(Identification of not treating parties consistently or 5 pages pursuant to paragraph rebuttals) describes the process for fairly. The changes being made to (b)(5)(iii)(B). Therefore, the 25 page submitting a rebuttal in regulations.gov. paragraph (d)(1) in today’s rule will limitation does not apply for CBI Paragraph (f)(1) specifies that when resolve that issue. included in the original submission of submitting a rebuttal, the individual or Secondly, in paragraph an exclusion or objection, or for a organization that submitted the (d)(4)(Substance of objections to rebuttal or a surrebuttal as described exclusion request would submit a submitted exclusion requests), today’s below regarding new paragraphs (f) and comment on the submitted objection to rule is making changes to make the (g). The page limit for rebuttals and the submitted exclusion request in criteria the Department uses to review surrebuttals is limited to a maximum of regulations.gov. Paragraph (f)(1) also objections to submitted exclusion 10 pages pursuant to new paragraphs includes guidance on the naming requests clearer and more transparent. (f)(2) and (g)(2). Because the maximum convention to use for rebuttals to ease Similar to the addition of new size that may be submitted is less than the burden on the Department in paragraph (c)(6) described above, 10 MB, today’s rule is including a identifying rebuttals. today’s rule is better defining the maximum 10 MB file size requirement Paragraph (f)(2)(Format and size criteria, including the key term to paragraph (e). The Department of limitations for rebuttals) describes the ‘‘immediately.’’ These revisions to Commerce has included this in our step- format for submitting rebuttals. paragraph (d)(4) will also better align by-step guides and quick tips for Paragraph (f)(2) includes guidance on the regulatory text with the text used in submissions that are posted in the same types of size limitations noted the objection form. These changes will regulations.gov. User manual for above to ensure that submitters do not improve the transparency of the review regulations.gov also make reference to include an attachment as part of their process, and reduce the burden on all this file size limitation, so adding this rebuttal that exceeds the size of 10 MB. parties involved in the exclusion less than 10 MB file size limitation to Paragraph (f)(2) limits rebuttals to a request, objection, rebuttal, and the two supplements should reduce the maximum of 10 pages inclusive of all surrebuttal process. Many comments number of occasions where the exhibits and attachments, but exclusive from individuals or organizations that submission exceeds the limitation and of the rebuttal form and any confidential submit exclusion requests requested the submitter has to follow up with the business information (CBI is limited to that objectors be required to be more BIS support telephone number or email, a maximum of 5 pages) provided to the specific about timelines and disclosing or has to call to the regulations.gov Department. Paragraph (f)(3) (Substance of any potential hurdles that may limit support telephone number. This type of rebuttals) provides the criteria that a their ability to truly start producing the confusion wastes the time of the needed steel or aluminum to which they good rebuttal must address. First, submitter, as well as the United States rebuttals must address an objection to are objecting. Commenters were Government, so adding this to concerned about objection forms that the exclusion request made by the paragraph (e) should likely help reduce requester. If multiple objections were seem to broadly assert that an objector this problem. could conceivably make a steel or received on a particular exclusion, the Today’s rule redesignates paragraphs aluminum item, but do not provide requester may submit a rebuttal to each much specificity on how they would (f) and (g) as paragraphs (h) and (i), objector. Paragraph (f)(3) specifies that meet the target to start producing the respectively, to account for adding a the most effective rebuttals will be those steel or aluminum. The Department new paragraph (f) for the rebuttal that aim to correct factual errors or agreed with these commenters that process and a new paragraph (g) for the misunderstandings in the objection(s). A adding greater specificity in the surrebuttal process. good rebuttal should assist the parties requirements for objections would aid Paragraph (f)(Rebuttal process) is involved to come to a common both objectors to more easily understand being added as a new paragraph to both understanding of the facts at hand. what information would be helpful to supplements. Paragraph (f) creates a Coming to a common understanding include in an objection and requesters rebuttal process to allow only regarding the facts of a particular in understanding when a legitimate individuals or organizations that have exclusion or objection will better inform objection is filed that would warrant submitted an exclusion request the Department’s review process. denying their exclusion request or at pursuant to one of the two supplements Although the rebuttal process will add least warrant the submission of a to submit a rebuttal to any objection(s) an additional step, it should lead to rebuttal. Today’s rule makes those posted to their exclusion request in better and fairer outcomes for all parties changes to paragraph (d)(4). As regulations.gov. Many commenters involved in the product exclusion described above, the exclusion request, requested the Department make this request process. objection, rebuttal, and surrebuttal type of a change to ensure that the Paragraph (f)(4)(Time limit for process has the potential to be process was fair and the Department submitting rebuttals) specifies the adversarial in nature, so the Department had all of the relevant information when timing for submitting rebuttals. The believes it important to establish clear an objector made an objection to an rebuttal period will begin on the date criteria to allow all parties to better exclusion request. The formal objection the Department opens the rebuttal understand the facts at hand. process in paragraph (d) that was period, after posting the last objection in In paragraph (e)(Limitations on the included in the March 19 rule already regulations.gov, and will last for 7 days. size of submissions) today’s rule makes established a process for objections to There will be a single rebuttal period two conforming changes. First, today’s exclusions, but commenters expressed that will apply for all objections rule excludes any CBI that is submitted strongly that fairness required providing received on an exclusion request. The from the 25 page exclusion and parties that submitted an exclusion Department will open the 7 day rebuttal objection limit. As described above request with a transparent opportunity period once the Department has posted regarding paragraph (b)(5), submission to formally respond, in particular if they all of the complete objections received made under (b)(5)(iii) will be a separate disagreed with some or all of the on an exclusion request. As described

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below, the opening of the rebuttal on the date of publication of today’s Paragraph (g)(1)(Identification of comment period will be specified in a rule, and will seek to complete the surrebuttals) describes the process for daily list the Department will prepare reopening process on the date that is submitting a surrebuttal in that will be available on seven days after the date of publication regulations.gov. Paragraph (g)(1) www.commerce.gov/232. The 7 day of today’s rule, on September 18, 2018, specifies that when submitting a period is intended to allow for the to serve as the start date for the review surrebuttal, the individual or individual or organization that periods identified in paragraph (f)(4) for organization that submitted the submitted an exclusion request to those requests. objection would submit a comment on submit any written rebuttals that they Paragraph (g)(Surrebuttal process) is the rebuttal submitted on the objection believe are warranted. The Department being added as a new paragraph to both to the exclusion request in of Commerce will not notify the supplements. Paragraph (g) creates a regulations.gov. Paragraph (g)(1) also individual or organization that surrebuttal process to allow only includes guidance on the naming submitted the exclusion request, other individuals or organizations that have a convention to use for surrebuttals to than posting the last objection and posted objection and had a rebuttal filed ease the burden on the Department in opening the rebuttal comment period for on their objection, to a submitted identifying surrebuttals. 7 days. If you submitted an exclusion exclusion request to be able to submit a Paragraph (g)(2)(Format and size request, after the objection comment surrebuttal to a rebuttal posted to their limitations for surrebuttals) describes period closes for your exclusion request, objection in regulations.gov. The the format for submitting surrebuttals. you should search for all the objections paragraph structure of the rebuttal Paragraph (g)(2) also includes guidance on the www.regulations.gov website process and surrebuttal process are the on the same types of size limitations using the tutorial available on same, and the provisions of the two noted above to ensure submitters do not www.regulations.gov. Commerce will paragraphs have most elements in include an attachment as part of their also prepare a daily list available on common. The differences between surrebuttal that exceeds the size of 10 www.commerce.gov/232 that will assist paragraphs (f) and (g) are primarily the MB. Paragraph (g)(2) limits surrebuttals you with determining whether an party in the process that is responding to a maximum of 10 pages inclusive of objection was filed for your product (the party that submitted the exclusion all exhibits and attachments, but exclusion request, that will supplement request for rebuttals, or the party that exclusive of the surrebuttal form and the information included in Annex 1 to submitted the objection for surrebuttals) any confidential business information Supplements No. 1 and 2 and in and the timing of the rebuttal and (CBI is limited to a maximum of 5 regulations.gov. It will be the surrebuttal that occurs in a sequential pages) provided to the Department. responsibility of submitters of exclusion order to allow each party sufficient Paragraph (g)(3)(Substance of surrebuttals) provides the criteria that a requests to monitor the status in review time before submitting a rebuttal good surrebuttal must address. First, regulations.gov or on or surrebuttal. Many commenters requested the surrebuttals must address a rebuttal to www.commerce.gov/232 to determine if Department make this type of a change the objection to the exclusion request objections have been received and, if to ensure that the process was fair and made by the submitter of the objection. they believe it is warranted to submit a the Department had all of the relevant Paragraph (g)(3) specifies that the most rebuttal(s), to do that once the last information when an objection to an effective surrebuttals will be those that objection received in their exclusion exclusion request received a rebuttal. aim to correct factual errors or request is posted by the Department The commenters on the March 19 rule misunderstandings in the rebuttal to an following the procedures specified in described conceptually what they objection. The surrebuttal process, new paragraph (f) being added to both thought was needed to create a fair although it will add an additional step supplements. process for all parties and these types of in the process, should lead to better and Today’s rule is also adding a Note to additional opportunities to provide fairer outcomes for all parties involved paragraph (f)(4) to add grandfathering input with a rebuttal, followed by in the product exclusion request provisions to allow for exclusion surrebuttal process, were recommended. process. requests already posted, but not yet The Department agrees this would Paragraph (g)(4)(Time limit for fully adjudicated, to be reopened to improve the process and is making these submitting surrebuttals) specifies the allow for rebuttals, as well as changes with the addition of paragraph timing for submitting surrebuttals. surrebuttals, as described in Note to (g) described here and (f) above. The Paragraph (g)(4) specifies that the paragraph (g)(4) below. The formal objection process in paragraph surrebuttal period will begin on the date grandfathering provisions will be (d) that was included in the March 19 the Department opens the surrebuttal available for any pending exclusion rule already established a process for period, after posting the last rebuttal to request that meets all three of the objectors to respond to exclusion an objection to an exclusion request in following criteria included in the Note requests in their objections. However, regulations.gov, and will last for 7 days. to paragraph (f)(4), as of September 11, because today’s rule is adding a rebuttal The 7 day period is intended to allow 2018. In order to be eligible for process, for fairness it is also adding a for the individual or organization that grandfathering, the exclusion request surrebuttal process for objectors. The submitted an objection and received a must meet the following: The exclusion detailed exclusion request and objection rebuttal to submit any written request received an objection(s), the 30 forms help to establish an important surrebuttals that they believe are day objection review period has closed, baseline for allowing the Department to warranted. The Department of and the Department has not posted a evaluate exclusion requests and Commerce will not notify the individual final determination on the exclusion objections, but the Department agrees or organization that submitted the request. The Note to paragraph (f)(4) that allowing the rebuttals and objection request that received a specifies that the date of reopening will surrebuttals described here will provide rebuttal, other than posting the rebuttal start the review periods identified in the Department with better information received for each objection and opening paragraph (f)(4) for those grandfathered and lead to better decisions even though the surrebuttal comment period for 7 exclusions. The Department will reopen it does add more time to the overall days. If you submitted an objection to an the requests on a rolling basis starting process. exclusion request, after the rebuttal

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comment period closes on an exclusion considerations) and if it satisfies the rule is moving the redesignated text request, you should search for all the criteria and presents no national from paragraph (f) that stated that rebuttals on the www.regulations.gov security concerns, BIS will exclusions would generally be approved website using the tutorial available on expeditiously post a decision on for one year to new paragraph (h)(2)(iv) www.regulations.gov. Commerce will regulations.gov granting the exclusion introductory text. The Department also prepare a daily list available on request. The Department has already emphasizes that the supplements added www.commerce.gov/232 that will assist made this process change as an in the March 19 rule used the term you with determining whether a rebuttal important step in helping to resolve the ‘‘generally,’’ so it was never the intent was filed on your objection. You must initial backlog of the exclusion requests for the Department to make all have the exclusion request ID # (BIS– that were received as of March 19. The exclusions fit into a one year validity. 2018–000X–XXXXX) to locate rebuttals Department believes going forward that Commenters questioned whether one to your objection. It will be the creating a streamlined review process year was an arbitrary number, but as responsibility of submitters of for exclusion requests when no noted above the Department believes objections to monitor the status in objections are received will benefit that a general one year validity is regulations.gov or on those requesting exclusions and the appropriate for purposes of the criteria www.commerce.gov/232 to determine if Department in more efficiently included in the supplements and the their objection has received a rebuttal managing the exclusion, objection, purpose of the Proclamations. However, and, if they believe it is warranted, to rebuttal, and surrebuttal process. The because a large number of comments submit a surrebuttal following the more efficient process being added requested more information on when procedures specified in new paragraph under paragraph (h)(2)(ii) will provide the Department may grant a longer (g) being added to both supplements. more time for the Department to focus validity or a shorter validity period, In newly redesignated paragraph on exclusions where there are today’s rule is adding text to the (h)(Disposition of 232 submissions), objections, and after the publication of introductory text of paragraph (h)(2)(iv) previously paragraph (f), today’s rule is today’s rule for exclusions and to make clearer for the public the revising the heading, along with making objections that also include rebuttals criteria that the Department, and other several other changes. In newly and surrebuttals. As described above in agencies as warranted, will take into redesignated paragraph the discussion of adding a rebuttal and account when determining when a non- (h)(1)(Disposition of incomplete surrebuttal process, those new standard validity period may be submissions), today’s rule is adding new submissions will increase the fairness warranted. The Department also is paragraphs (h)(1)(iii) for rebuttals and and transparency of the process, but adding paragraphs (h)(1)(iv) for surrebuttals to specify that will result in more overall submissions. (h)(2)(iv)(A)(Examples of what fact filings that do not satisfy the reporting The changes described in new patterns may warrant a longer exclusion requirements specified in paragraph (f) paragraph (h)(2)(ii) are an important validity period), (B)(Examples of what for rebuttals or specified in paragraph efficiency improvement to the overall criteria may warrant a shorter exclusion (g) for surrebuttals will not be process that the Department anticipates validity period), and (C) to make the considered. will help deserving requesters receive application of these criteria even more In newly redesignated paragraph exclusions in an expedited fashion transparent through illustrative (h)(2)(Disposition of complete when no objection has been filed. examples under paragraphs (h)(2)(iv)(A) submissions), today’s rule is revising the In new paragraph (h)(2)(iii)(Effective and (B). Today’s rule adds new existing text, along with adding new date for approved exclusions and date paragraph (h)(2)(iv)(C) to qualify that text to broaden the scope of this used for calculating duty refunds), the fact patterns identified in paragraph and provide more specificity today’s rule is adding new paragraphs paragraphs (h)(2)(iv)(A) or (B) will not to make these provisions more (h)(2)(iii)(A) and (B). Paragraph be determinant in themselves for transparent for the public. These (h)(2)(iii)(A)(Effective date for approved determining the appropriate validity changes include designating some of the exclusions) includes the original text period, but still encouraging submitters existing text as paragraph from paragraph (f) that was to reference this type of information (h)(2)(i)(Posting of responses), including redesignated, and some minor when warranted to justify a shorter or adding a reference to rebuttal and conforming changes today’s rule makes longer validity period. surrebuttal where needed. to this paragraph. The date used for In new paragraph calculating tariff refunds will be set by For example, if a company that (h)(2)(ii)(Streamlined review process for Proclamation, so today’s rule does not requested an exclusion for one year ‘‘No Objection’’ requests), today’s rule make any changes to paragraph determines during the objection, makes a change to improve the (h)(2)(iii)(A) to address providing rebuttal, and surrebuttal process that a efficiency of the exclusion process. additional guidance for calculating duty U.S. manufacturer may be able to make Under this streamlined review process, refunds. Commenters also requested the product within nine months, it may the Department will grant properly filed more guidance on and greater specificity assist the company that requested the exclusion requests which meet the in the supplements for what part of the exclusion to have a shorter nine month requisite criteria, receive no objections, government should be contacted for exclusion validity and make business and present no national security obtaining refunds on the duties. Today’s plans to start purchasing steel from the concerns. After the 30-day comment rule adds new paragraph U.S. manufacturer. This would allow for period on regulations.gov, BIS will work (h)(2)(iii)(B)(Contact for obtaining tariffs advanced business planning (a concern with CBP to ensure that the requester refunds), to clarify that the Department that was asserted by a number of provided an accurate HTSUS statistical is not involved with providing duty commenters as being important) for both reporting number. If the HTSUS is refunds and to direct individuals and the party with the granted exclusion correct, BIS will immediately assess the organizations with approved exclusions request and the objector, eliminate the request to determine whether it satisfies to contact CBP for questions regarding need to apply for a subsequent the criteria and for any national security obtaining duty refunds. exclusion request that likely would be concerns (see paragraph (c)(6)(iii)(For In new paragraph (h)(2)(iv)(Validity denied if the U.S. manufacturer’s specific national security period for exclusion requests), today’s production did come online at nine

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months with suitable quality, and help review criteria used by the Department (including potential economic, improve the efficiency of the system by to determine whether to approve an environmental, public health and safety reducing the number of new exclusions exclusion request, but it does emphasize effects, distributive impacts, and the Department would need to review that this coordination is an important equity). Executive Order 13563 and allowing the Department to focus component in ensuring the approved emphasizes the importance of on other exclusion requests. exclusion request can be properly quantifying both costs and benefits, of Under newly redesignated paragraph implemented—meaning the HTSUS reducing costs, of harmonizing rules, (h)(3)(Review period and statistical reporting number provided by and of promoting flexibility. The March implementation of any needed the requester is in fact correct. 19 rule was determined to be a conforming changes), today’s rule In newly redesignated paragraph ‘‘significant regulatory action,’’ although revises existing text and adds new text (i)(For further information), previously not economically significant, under to make these provisions more paragraph (g), today’s rule is adding one section 3(f) of Executive Order 12866. transparent for the public, in particular sentence to highlight some of the Today’s rule has also been determined to address how BIS interacts with CBP training sources that the Department has to be to be a ‘‘significant regulatory on determining whether to approve an created and posted on regulations.gov action,’’ although not economically exclusion request. Commenters were under the regulations.gov docket significant, under section 3(f) of confused whether the references to CBP numbers for steel and aluminum and on Executive Order 12866. However, as in the supplements and on the the BIS website. These include FAQs, stated under Section 4 of Presidential exclusion form in particular meant best practices other companies have Proclamation 9704 and Section 4 of CBP’s approval was an additional used for submitting exclusion requests Proclamation 9705 of March 8, 2018, criterion that needed to be met for an and objections, and helpful checklists to this rule is exempt from Executive exclusion request to be approved. It is improve understanding. Order 13771 (82 FR 9339, February 3, not, but the comments identified an area Today’s final rule adds a new Annex 2017). where adding greater specificity to the 1 to Supplements No. 1 and 2 to Part 2. The Paperwork Reduction Act of regulatory provisions would improve 705. This Annex provides instructions 1995 (44 U.S.C. 3501 et seq.) (PRA) the public’s understanding of how the on the steps to follow to file (submit) provides that an agency generally Department interacts with CBP, in rebuttal comments in cannot conduct or sponsor a collection particular the important role CBP plays www.regulations.gov. The Annex of information, and no person is in confirming the HTSUS statistical includes five steps that will assist the required to respond to nor be subject to reporting number is correct, which is a public in using www.regulations.gov for a penalty for failure to comply with a prerequisite in order for an exclusion application issues that are specific to collection of information, unless that request to implementable at the border. submitting rebuttals under the product collection has obtained Office of New paragraph (h)(3)(i) (Review period) exclusion request process. The Management and Budget (OMB) specifies that the review period www.regulations.gov website already approval and displays a currently valid normally will not exceed 106 days, includes various guidance on using the OMB Control Number. increased from 90 days to account for website portal for submitting comments The Department requested and OMB the additional time added to the review on publications, but the guidance in the authorized emergency processing of two process for the rebuttal and surrebuttal Annex will supplement that existing information collections involved in this process described above being added to guidance with information that is rule, consistent with 5 CFR 1320.13. paragraphs (f) and (g). In addition, as a specific to the rebuttal process. For OMB approved these two information conforming change for the addition of example, the Annex provides guidance collections as emergency collections on the streamlined ‘‘No Objections’’ on how to identify whether an exclusion March 18, 2018. The Presidential process described under paragraph request has received objections and Proclamations authorized the Secretary (h)(2)(ii) described above, today’s rule is information on how to see when the of Commerce, in consultation with the qualifying that the 106 days does not rebuttal comment period opens in Secretary of Defense, the Secretary of apply to that streamlined review process regulations.gov for an exclusion request the Treasury, the Secretary of State, the for ‘‘No Objection’’ requests. that received an objection, including an United States Trade Representative, the New paragraph (h)(3)(ii)(Coordination exclusion request that received more Assistant to the President for Economic with other agencies on approval and than one objection. For the same Policy, the Assistant to the President for implementation), adds existing text that reasons, the new Annex also includes National Security Affairs, and other references coordination with other five steps to follow to file surrebuttal senior Executive Branch officials as agencies of the U.S. Government, such comments in www.regulations.gov. appropriate, to grant exclusions for the as the United States International Trade Because of the additional complexity import of goods not currently available Commission (USITC) and CBP, to take being added to the process for using in the United States in a sufficient any additional steps needed to www.regulations.gov with the addition quantity or satisfactory quality, or for implement an approved exclusion of rebuttals and surrebuttals, the other specific national security reasons. request. Because the USITC is not Department is adding these instructions He further directed the Secretary to involved with the exclusion process, as part of an Annex to assist the pubic establish the process for submitting and today’s rule removes it from the to better understand using granting these requests for exclusions illustrative list of government agencies. regulations.gov when submitting within 10 days, and the publication of To add greater transparency on the type rebuttals and surrebuttals. the March 19 interim final rule fulfilled of coordination that is occurring with that directive. Based on the comments CBP on exclusion requests, this rule Rulemaking Requirements received in response to the comment adds a sentence to paragraph (h)(3)(ii) to 1. Executive Orders 13563 and 12866 period for the interim final rule, clarify that these additional steps in direct agencies to assess all costs and however, the agency has determined coordination with CBP are needed to benefits of available regulatory that changes need to be made to the implement an approved exclusion alternatives and, if regulation is March 19 rule to achieve the stated request. The new sentence clearly states necessary, to select regulatory obectives of the March 19 rule and the that this coordination is not part of the approaches that maximize net benefits President’s directive to establish an

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efficient exclusion process to ensure Federal Register requesting public undermine U.S. national security downstream users of steel and comment on the two revised and interests. In order to ensure that the aluminum in the United States were not expanded information collections remedial actions from the Presidential unnecessarily hurt by the tariffs that contained within today’s interim final Proclamations do not undermine users have been implemented on steel and rule. of these articles in the United States that aluminum. The immediate Agency: Commerce Department. may need the foreign supply of these implementation of an effective Type of Information Collection: articles for manufacturing other articles exclusion request process, consistent Revised and Expanded Collections. in the United States that are critical to with the intent of the Presidential Title of the Collection [0694–0139]: protecting the national security of the Proclamations, also required creating a Procedures for Submitting Requests for United States, or are otherwise process to allow any individual or Exclusions from the Remedies Instituted important to protecting the U.S. organization in the United States to by the President in the Presidential economy because there is not currently submit objections to submitted Proclamations 9705 and 9704 of March a sufficient and reasonably available exclusion requests, and based on the 8, 2018 Adjusting Imports of Steel into amount or of a satisfactory quality of comments received on the March 19 the United States and Adjusting Imports these articles in the United States, the rule also requires adding a rebuttal and of Aluminum into the United States. Presidential Proclamations authorized surrebuttal process. In the March 19 Revised Collection Estimates for the Secretary of Commerce, in rule, the Department determined the consultation with the Secretary of following conditions had been met: Exclusion Request Filings Based on Data Since March 19, 2018 Defense, the Secretary of State, the a. The collection of information was United States Trade Representative, and needed prior to the expiration of time Affected Public: Private Sector— other agency heads as appropriate to periods normally associated with a Businesses. grant exclusions. This emergency routine submission for review under the Total Estimated Number of collection is needed in order for today’s provisions of the Paperwork Reduction Respondents: [96,954]. rule to establish the process for Act in view of the President’s Average Responses per Year: [1]. submitting rebuttals and surrebuttals to Proclamations issued on March 8, 2018, Total Estimated Number of help better inform the process of for the Presidential Proclamation on Responses: [96,954]. granting these requests for exclusions. Adjusting Imports of Steel into the Average Time per Response: 4 hours. This action is needed immediately to United States, https:// Total Annual Time Burden: [387,816]. protect national security interests of the www.whitehouse.gov/presidential- Type of Information Collection: United States. [Revised Collection]. actions/presidential-proclamation- If this emergency collection were Title of the Collection [0694–0138]: adjusting-imports-steel-united-states/, delayed to allow for public comment and for the Presidential Proclamation on Objection Filing to Posted Section 232 before becoming effective, individuals Adjusting Imports of Aluminum into the Exclusion Request: Steel; and Objection and organizations in the United States United States, https:// Filing to Posted Section 232 Exclusion would not have the opportunity to www.whitehouse.gov/presidential- Request: Aluminum, respectively. submit rebuttals and surrebuttals during actions/presidential-proclamation- Revised Collection Estimates for the comment period and during the adjusting-imports-aluminum-united- Objection Filings Based on Data Since finalization of the collection, with the states/. b. The collection of information was March 19, 2018 possible result of economic hardship for essential to the mission of the Affected Public: Private Sector— the U.S. companies and an overall less Department, in particular to the Businesses. effective exclusion process. BIS intends adjudication of exclusion requests and Total Estimated Number of to publish a notice in the Federal objections to exclusions requests and, Respondents: [38,781]. Register informing the public that DOC with the publication of today’s interim Average Responses per Year: [1]. submitted a request for an emergency final rule that makes revisions to the Total Estimated Number of collection and the request was approved two supplements added in the March 19 Responses: [38,781]. by OMB. rule to the adjudication of rebuttals and Average Time per Response: [4]. The Department has determined the surrebuttals. Total Annual Time Burden: [155,124]. following conditions have been met: c. The use of normal clearance Type of Information Collection: a. The collection of information is procedures would have prevented the [Revised Collection]. needed prior to the expiration of time collection of information of exclusion OMB Control Number: [0694–0138]. period normally associated with a requests and objections to exclusion In addition to the two collections routine submission for review under the requests, for national security purposes, referenced above for the March 19 rule, provisions of the Paperwork Reduction as well as for rebuttals and surrebuttals the Commerce Department requested, Act in view of the President’s being added in today’s rule, as and OMB authorized, emergency proclamations issued on March 8, 2018, discussed under section 232 of the processing of an additional information for the Presidential Proclamation on Trade Expansion Act of 1962 as collection involved in today’s rule, Adjusting Imports of Steel into the amended and the Presidential consistent with 5 CFR 1320.13. As was United States, https:// Proclamations issued on March 8, 2018. noted in the report submitted by the www.whitehouse.gov/presidential- The Commerce Department provided Secretary to the President, steel and actions/presidential-proclamation- a separate 60-day notice in the Federal aluminum are being imported into the adjusting-imports-steel-united-states/, Register requesting public comment on United States in such quantities or and for the Presidential Proclamation on the information collections contained under such circumstances as to threaten Adjusting Imports of Aluminum into the within the March 19 rule. This notice to impair the national security of the United States, https:// was published in the Federal Register United States and therefore any delay in www.whitehouse.gov/presidential- on May 1, 2018, 83 FR 19044 and 19045. implementing these remedial actions (as actions/presidential-proclamation- The Commerce Department intends to described Proclamations 9704 and 9705 adjusting-imports-aluminum-united- provide separate 60-day notice in the of March 8, 2018) would further states/.

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b. The collection of information is 553) requiring notice of proposed the actions taken to adjust imports do essential to the mission of the rulemaking, the opportunity for public not undermine users of steel or Department, in particular to the comment, and a delay in effective date aluminum that are subject to the adjudication exclusion requests, are inapplicable because this regulation remedial actions instituted by the objections to exclusions requests, involves a military or foreign affairs Proclamations and are critical to rebuttals and surrebuttals. function of the United States. (See 5 protecting the national security of the c. The use of normal clearance U.S.C. 553(a)(1)). As explained in the United States, the Presidential procedures would prevent the collection reports submitted by the Secretary to the Proclamations authorized the Secretary of information for rebuttals and President, steel and aluminum are being of Commerce, in consultation with the surrebuttals and would make the review imported into the United States in such Secretary of Defense, the Secretary of of exclusion requests and objections to quantities or under such circumstances the Treasury, the Secretary of State, the exclusion requests less effective. as to threaten to impair the national United States Trade Representative, the Exclusion requests and objections to security of the United States and Assistant to the President for Economic exclusions requests are important for therefore the President is implementing Policy, the Assistant to the President for national security purposes, as discussed these remedial actions (as described National Security Affairs, and other under section 232 of the Trade Proclamations 9704 and 9705 of March senior Executive Branch officials as Expansion Act of 1962 as amended and 8, 2018) to protect U.S. national security appropriate, to grant exclusions for the the Presidential Proclamations issued interests. That implementation includes import of goods not currently available on March 8, 2018. the creation of an effective process by in the United States in a sufficient The Commerce Department intends to which affected domestic parties can quantity or satisfactory quality, or for provide separate 60-day notice in the obtain exclusion requests ‘‘based upon other specific national security reasons. Federal Register requesting public specific national security He further directed the Secretary to, comment on the information collections considerations.’’ The Department started within 10 days, issue procedures for contained within this rule. this process with the publication of the submitting and granting these requests Agency: Commerce Department. March 19 rule and is continuing this for exclusions and this interim final rule Type of Information Collection: New process with the publication of today’s fulfills that direction. As described Collection. interim final rule. The revisions to the above, the Secretary complied with the Title of the Collection 0694–0141: exclusion request process are informed directive from the President with the Procedures for Submitting Rebuttals and by the comments received in response publication of the March 19 rule and is Surrebuttals Requests for Exclusions to the March 19 rule and the taking the next step in improving the from and Objections to the Section 232 Department’s experience with managing exclusion and objection process by National Security Adjustments of the exclusion request and objection making needed changes with the Imports of Steel and Aluminum. process. Commenters were generally publication of today’s rule, as well as Submissions of Rebuttals (To Respond supportive and welcomed the idea of adding the needed rebuttal and to Objections to Exclusions) creating an exclusion process, but most surrebuttal process. The immediate of the commenters believe the exclusion implementation of an effective Affected Public: Private Sector— process is not working well and needs exclusion request process, consistent Businesses. to be significantly improved in order for with the intent of the Presidential Total Estimated Number of it to achieve the intended purpose. The Proclamations, also required creating a Respondents: [34,902]. commenters identified a number of process to allow any individual or Average Responses per Year: [1]. areas where transparency, effectiveness, organization in the United States to Total Estimated Number of and fairness of the process could be submit objections to submitted Responses: [34,902]. improved. The Department understands exclusion requests. The objection Average Time per Response: 1 hours. the importance of having a transparent, process was created with the Total Annual Time Burden: [34,902]. fair and efficient product exclusion publication of the March 19 rule. This Type of Information Collection: [New request process, consistent with the publication of today’s rule makes Collection]. directive provided by the President to needed changes in the objection process OMB Control Number: [0694–0141]. create this type of process to mitigate and adds a rebuttal and surrebuttal Submissions of Surrebuttals (To any unintended consequences of process to create the type of fair, Respond to Rebuttals to Objections) imposing the tariffs on steel and transparent, and efficient process that Affected Public: Private Sector— aluminum in order to protect critical was intended in the March 19 rule, but Businesses. U.S. national security interests. The was found lacking by the commenters in Total Estimated Number of publication of today’s rule should make several key respects. Today’s rule makes Respondents: [27,921]. significant improvements in all three critical changes to ensure a fair, Average Responses per Year: [1]. respects, but because of the scope of this transparent, and efficient exclusion Total Estimated Number of new process, BIS is publishing today’s process. Responses: [27,921]. rule as an interim final rule with request If this interim final rule were delayed Average Time per Response: 1 hours. for comments. to allow for public comment or for thirty Total Annual Time Burden: [27,921]. In addition, the Department finds that days before companies in the U.S. were Type of Information Collection: [New there is good cause under 5 U.S.C. allowed to benefit from the Collection]. 553(b)(B) to waive the provisions of the improvements made in the exclusion, OMB Control Number: [0694–0141]. Administrative Procedure Act requiring objection, and newly added rebuttal and 3. This rule does not contain policies prior notice and the opportunity for surrebuttal process from the remedies with Federalism implications as that public comment and under 5 U.S.C. instituted by the President, those term is defined in Executive Order 553(d)(3) to waive the delay in effective entities could face significant economic 13132. date because such delays would be hardship that could potentially create a 4. The provisions of the either impracticable or contrary to the detrimental effect on the general U.S. Administrative Procedure Act (5 U.S.C. public interest. In order to ensure that economy. The comments received on

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the March 19 rule were clear whether Supplement No. 1 to Part 705— forms on the BIS website at https:// they were supportive of tariffs or against Requirements for Submissions www.bis.doc.gov/index.php/232-steel and on tariffs, that an efficient exclusion Requesting Exclusions From the the Federal rulemaking portal (http:// request, objection, and rebuttal and Remedies Instituted in Presidential www.regulations.gov) that are to be used for submitting exclusion requests, objections to surrebuttal process was needed, that the Proclamation 9705 of March 8, 2018 exclusion requests, rebuttals, and March 19 rule had not sufficiently Adjusting Imports of Steel Articles Into surrebuttals described in this supplement. created such a process; if specific the United States On regulations.gov, you can find these four improvements are not made, dire On March 8, 2018, the President issued forms for steel exclusion requests, objections economic consequences could occur. Proclamation 9705 concurring with the to exclusion requests, rebuttals to objections, Commenters also thought the findings of the January 11, 2018 report of the and surrebuttals by searching for its inefficiencies of the process could Secretary of Commerce on the effects of regulations.gov docket number, which is undermine other critical U.S. national imports of steel mill articles (steel articles) BIS–2018–0006. The U.S. Department of identified in Proclamation 9705 (‘‘steel’’) on Commerce requires requesters and objectors security interests. Likewise, our national to use the appropriate form as specified security could be impacted if particular the national security and determining that adjusting steel imports through the under paragraphs (b)(1) and (2) of this national security considerations justify imposition of duties is necessary so that supplement for submitting exclusion requests an exclusion, but the process for imports of steel will no longer threaten to and objections to submitted exclusion obtaining such exclusion were delayed, impair the national security. Clause 3 of requests, and the forms specified under or the Department lacked adequate Proclamation 9705 also authorized the paragraphs (b)(3) and (4) for submitting information to make a fair, transparent Secretary of Commerce, in consultation with rebuttals and surrebuttals. and efficient determination for all the Secretary of Defense, the Secretary of the (1) Form required for submitting exclusion Treasury, the Secretary of State, the United requests. The name of the form used for parties involved and to ensure the submitting exclusion requests is Request for critical national security considerations States Trade Representative, the Assistant to the President for Economic Policy, the Exclusion from Remedies: Section 232 are being protected. Assistant to the President for National National Security Investigation of Steel Finally, the 30 day delay in Security Affairs, and other senior Executive Imports. The Title in www.regulations.gov is effectiveness for final rules is Branch officials as appropriate, to grant Exclusion Request—Steel and is posted inapplicable under 5 U.S.C. 553(d)(1) exclusions from the duties at the request of under ID # BIS–2018–0006–0002. directly affected parties located in the United (2) Form required for submitting objections because this rule relieves a restriction. States if the steel articles are determined not to submitted exclusion requests. The name of Because a notice of proposed to be produced in the United States in a the form used for submitting objections to rulemaking and an opportunity for prior sufficient and reasonably available amount or submitted exclusion requests is Objection public comment are not required for this of a satisfactory quality or based upon Filing to Posted Section 232 Exclusion rule by 5 U.S.C. 553, or by any other specific national security considerations. On Request: Steel. The Title in August 29, 2018, the President issued law, the analytical requirements of the www.regulations.gov is Objection Filing— Proclamation 9776. Clause 1 of Proclamation Steel and is posted under ID # BIS–2018– Regulatory Flexibility Act, 5 U.S.C. 601 9776 authorized the Secretary of Commerce, 0006–0003. et seq., are not applicable. Accordingly, in consultation with the Secretary of State, (3) Form required for submitting rebuttals. no regulatory flexibility analysis is the Secretary of the Treasury, the Secretary The name of the form used for submitting required and none has been prepared. of Defense, the United States Trade rebuttals to objections is Rebuttal to Representative (USTR), the Assistant to the Objection Received for Section 232 Exclusion Pursuant to Proclamations 9704 and President for National Security Affairs, the 9705 of March 8, 2018, the Request: Steel. The Title in Assistant to the President for Economic www.regulations.gov is Rebuttal Filing—Steel establishment of procedures for an Policy, and such other senior Executive and is posted under ID # BIS–2018–0006– exclusion process under each Branch officials as the Secretary deems 45144. Proclamation shall be published in the appropriate, to provide relief from the (4) Form required for submitting Federal Register and are exempt from applicable quantitative limitations set forth surrebuttals. The name of the form used for Executive Order 13771. in Proclamation 9740 and Proclamation 9759 submitting surrebuttals to objections is and their accompanying annexes, as Surrebuttal to Rebuttal Received on Section List of Subjects in 15 CFR Part 705 amended, at the request of a directly affected 232 Objection: Steel. The Title in party located in the United States for any www.regulations.gov is Surrebuttal Filing— steel article determined by the Secretary to Administrative practice and Steel and is posted under ID # BIS–2018– not be produced in the United States in a procedure, Business and industry, 0006–45145. sufficient and reasonably available amount or Classified information, Confidential (5) Public disclosure and information of a satisfactory quality. The Secretary is also protected from public disclosure. business information, Imports, authorized to provide such relief based upon Investigations, National security. specific national security considerations. (i) Information submitted in 232 submissions will be subject to public review For the reasons set forth in the (a) Scope. This supplement specifies the requirements and process for how directly and made available for public inspection and preamble, part 705 of subchapter A of affected parties located in the United States copying, except for the information described 15 CFR chapter VII is amended as may submit requests for exclusions from the in paragraph (b)(5)(iii) of this supplement. follows: remedies instituted by the President. This Individuals and organizations must fully supplement also specifies the requirements complete the relevant forms. PART 705—[AMENDED] and process for how parties in the United (ii) Information not subject to public States may submit objections to submitted disclosure should not be submitted. ■ 1. The authority citation for part 705 exclusion requests for relief from the duties Personally identifiable information, including social security numbers and continues to read as follows: or quantitative limitations imposed by the President, and rebuttals to submitted employer identification numbers, should not Authority: Section 232 of the Trade objections and surrebuttals (collectively, be provided. Information that is subject to Expansion Act of 1962, as amended (19 ‘‘232 submissions’’). This supplement government-imposed access and U.S.C. 1862) and Reorg. Plan No. 3 of 1979 identifies the time periods for such dissemination or other specific national (44 FR 69273, December 3, 1979). submissions, the method of submission, and security controls, e.g., classified information the information that must be included in or information that has U.S. Government ■ 2. Revise Supplement No. 1 and such submissions. restrictions on dissemination to non-U.S. Supplement No. 2 to Part 705 to read as (b) Required forms. The U.S. Department of citizens or other categories of persons that follows: Commerce has posted four separate fillable would prohibit public disclosure of the

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information, may not be included in 232 public versions of the CBI, where in the United States seeking exclusions from submissions. Individuals and organizations appropriate, for a 232 submission must be quantitative limitations imposed on certain that have confidential business information submitted using www.regulations.gov countries, the requester must select the field (‘‘CBI’’) that they believe relevant to the following the procedures identified in this on the exclusion form to indicate that the Secretary’s consideration of the 232 supplement. exclusion request is for importing from a submission should so indicate in the Note to Paragraph (b) for Submission of country subject to a quantitative limitation. appropriate field of the relevant form, or on Supporting Documents (Attachments): In addition to selecting this field on the the rebuttal or surrebuttal submission, Supporting attachments must be emailed as exclusion request form, a requester must following the procedures in paragraph PDF documents. provide information that it believes supports (b)(5)(iii) of this supplement. (c) Exclusion requests. allowing the requester to import steel that (iii) Procedures for identifying, but not (1) Who may submit an exclusion request? may otherwise exceed the quantitative disclosing confidential or proprietary Only directly affected individuals or limitation for this country. For example, the business information (CBI) in the public organizations located in the United States requester may indicate it believes the steel version, and procedures for submitting CBI. may submit an exclusion request. An identified in the exclusion request is not For persons seeking to submit confidential or individual or organization is ‘‘directly available from any U.S. suppliers, and proprietary business information (CBI), the affected’’ if they are using steel in business indicate that the quantitative limitation has 232 submission available to the public must activities (e.g., construction, manufacturing, been exceeded or will likely soon be contain a summary of the CBI in sufficient or supplying steel product to users) in the exceeded leading to this individual or detail to permit a reasonable understanding United States. organization not being able to import or of the substance of the information. If the (2) Identification of exclusion requests. The otherwise obtain (from any other country) the submitting person claims that summarization file name of the submission must include the needed steel. Providing information as part of is not possible, the claim must be submitter’s name, date of submission, and the exclusion requests that supports these accompanied by a full explanation of the the 10-digit Harmonized Tariff Schedule of types of statements is required for the U.S. reasons supporting that claim. Generally, the United States (HTSUS) statistical Department of Commerce to consider these numerical data will be considered adequately reporting number. For example, if Company types of exclusion requests. summarized if grouped or presented in terms A is submitting an exclusion request on June (3) Where to submit exclusion requests? All of indices or figures within 10 percent of the 1, 2018, the file should be named as follows: exclusion requests must be in electronic form actual figure. If an individual portion of the ‘‘Company A exclusion request of 6–1–18 for and submitted to the Federal rulemaking numerical data is voluminous (e.g., 5 pages 7207200045 HTSUS.’’ Separate exclusion portal (http://www.regulations.gov). You can of numerical data), at least one percent of the requests must be submitted for steel products find the interim final rule that added this numerical data, representative of that with chemistry by percentage breakdown by supplement by searching for the portion, must be summarized. In order to weight, metallurgical properties, surface regulations.gov docket number, which is submit CBI that is not for public release as quality (e.g., galvanized, coated), and distinct BIS–2018–0006. a separate email submission to the U.S. critical dimensions (e.g., 0.25-inch rebar, 0.5- (4) No time limit for submitting exclusion Department of Commerce, you must follow inch rebar, 0.5-inch sheet, or 0.75 sheet) requests. All exclusion requests must be in the procedures in paragraphs (b)(3)(iii)(A)– covered by a common HTSUS subheading. electronic form and submitted to the Federal (C) of this supplement to assist the U.S. The exclusion request forms allow for rulemaking portal (http:// Department of Commerce in identifying these minimum and maximum dimensions. Ranges www.regulations.gov), but may be submitted submissions and associating these are acceptable if the manufacturing process at any time. submissions with the respective 232 permits small tolerances. A permissible range (5) Substance of exclusion requests. An submission posted in regulations.gov. must be within the minimum and maximum exclusion request must specify the business Submitters with classified information range that is specified in the tariff provision activities in the United States within which should contact the U.S. Department of and applicable legal notes for the provision. the requester is engaged that qualify the Commerce for instructions on the appropriate Separate exclusion requests must also be individual or organization to be directly methods to send this type of information. If submitted for products falling in more than affected and thus eligible to submit an you are submitting a rebuttal or a surrebuttal, one 10-digit HTSUS statistical reporting exclusion request. The request should clearly Annex 1 to Supplements No. 1 and 2 number. The U.S. Department of Commerce identify, and provide support for, the basis includes additional guidance for submitting will approve exclusions on a product basis, upon which the exclusion is sought. An CBI. and the approvals will be limited to the exclusion will only be granted if an article is (A) On the same day that you submit your individual or organization that submitted the not produced in the United States in a 232 submission in www.regulations.gov, send specific exclusion request, unless Commerce sufficient and reasonably available amount, an email to the U.S. Department of approves a broader application of the is not produced in the United States in a Commerce. The email address used is product-based exclusion request to apply to satisfactory quality, or for specific national different depending on the type of additional importers. Other directly affected security considerations. submission the emailed CBI is for, as follows: individuals or organizations located in the (6) Criteria used to review exclusion CBI for rebuttals use [email protected]; United States that wish to submit an requests. The U.S. Department of Commerce and CBI for surrebuttals use 232surrebuttals@ exclusion request for a steel product that has will review each exclusion request to doc.gov. already been the subject of an approved determine whether an article described in an (B) The email subject line must only exclusion request may submit an exclusion exclusion request meets any of the following include the original exclusion request ID # request under this supplement. These three criteria: the article is not produced in (BIS–2018–000X–XXXXX) and the body of additional exclusion requests by other the United States in a sufficient and the email must include the 11-digit directly affected individuals or organizations reasonably available amount, is not produced alphanumeric tracking number (XXX–XXXX– in the United States are not required to in the United States in a satisfactory quality, XXXX) you received from regulations.gov reference the previously approved exclusion or for specific national security when you successfully submitted your but are advised to do so, if they want considerations. To provide additional context rebuttal, or surrebuttal. This naming Commerce to take that into account when on the meaning and application of the convention will assist the U.S. Department of reviewing a subsequent exclusion request. criteria, paragraphs (c)(6)(i)–(iii) of this Commerce to associate the CBI, that will not Directly affected individuals and supplement define keys terms used in the be posted in regulations.gov, with the organizations in the United States will not be review criteria and provide illustrative information included in the public precluded from submitting a request for application examples. The U.S. Department submission. exclusion of a product even though an of Commerce will use the same criteria (C) Submit the CBI as an attachment to that exclusion request submitted for that product identified in paragraphs (c)(6)(i)–(iii) of this email. The CBI is limited to a maximum of by another requester or that requester was supplement when determining whether it is 5 pages per rebuttal, or surrebuttal. The email denied or is no longer valid. warranted to approve broader product-based is to be limited to sending your CBI. All other Note to Paragraph (c)(2): For directly exclusions based on trends the Department information for the public submission, and affected individuals or organizations located may see over time with 232 submissions. The

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public is not permitted to request broader (USDA) to make any changes in the tin-plate clearly identify, and provide support for, its product-based exclusions that would apply it uses to make cans for fruit juices. An opposition to the proposed exclusion, with to all importers, because the Department objector would not have to make steel for use reference to the specific basis identified in, makes these determinations over time by in making the cans that was identical, but it and the support provided for, the submitted evaluating the macro trends in 232 would have to be a ‘‘substitute product’’ exclusion request. If the objector is asserting submissions. meaning it could meet the USDA certification that it is not currently producing the steel (i) Not produced in the United States in a standards. identified in an exclusion request but can sufficient and reasonably available amount. (iii) For specific national security produce the steel within eight weeks The exclusion review criterion ‘‘not considerations. The exclusion review (meaning the objector meets the definition of produced in the United States in a sufficient criterion ‘‘or for specific national security being able to supply the steel ‘‘immediately’’ and reasonably available amount’’ means that considerations’’ is intended to allow the U.S. in order to meet the demand identified in the the amount of steel that is needed by the end Department of Commerce, in consultation exclusion request), the objector must identify user requesting the exclusion is not available with other parts of the U.S. Government as how it will be able to produce the article immediately in the United States to meet its warranted, to make determinations whether a within eight weeks. This requirement specified business activities. ‘‘Immediately’’ particular exclusion request should be includes specifying in writing to the U.S. means whether a product is currently being approved based on specific national security Department of Commerce as part of the produced or could be produced ‘‘within eight considerations. For example, if the steel objection, the timeline the objector weeks’’ in the amount needed in the business included in an exclusion request is needed anticipates in order to start or restart activities of the user of steel in the United by a U.S. defense contractor for making production of the steel included in the States described in the exclusion request. critical items for use in a military weapons exclusion request to which it is objecting. For The U.S. Department of Commerce reviews platform for the U.S. Department of Defense, example, a summary timeline that specifies an exclusion request based on the and the duty or quantitative limitation will the steps that will occur over the weeks information included in the exclusion prevent the military weapons platform from needed to produce that steel would be request, any objections to an exclusion being produced, the exclusion will likely be helpful to include, not only for the U.S. request, any rebuttals to the objections made granted. The U.S. Department of Commerce, Department of Commerce review of the by an individual or organization that in consultation with the other parts of the objection, but also for the requester of the submitted the exclusion request, and any U.S. Government as warranted, can consider exclusion and its determination whether to surrebuttals. If the Department denies an other impacts to U.S. national security that file a rebuttal to the objection. The U.S. exclusion request based on a representation may result from not approving an exclusion, Department of Commerce understands that in made by an objector, which later is e.g., the unintended impacts that may occur certain cases regulatory approvals, such as determined to be inaccurate (e.g., if the in other downstream industries using steel, from the Environmental Protection Agency objector was not able to meet the requirement but in such cases the demonstrated concern (EPA) or some approvals at the state or local of being able to ‘‘immediately’’ supply the with U.S. national security would need to be level may be required to start or restart steel that was included in a denied exclusion tangible and clearly explained and ultimately production and that some of these types of request in the quantity needed), the requester determined by the U.S. Government. approvals may be not controllable by an may submit a new exclusion request that (d) Objections to submitted exclusion objector. refers back to the original denied exclusion requests. (e) Limitations on the size of submissions. request and explains that the objector was (1) Who may submit an objection to a Each exclusion request and each objection to not able to supply the steel. The U.S. submitted exclusion request? Any individual a submitted exclusion request is to be limited Department of Commerce would take that or organization that manufactures steel to a maximum of 25 pages, inclusive of all into account in reviewing a subsequent articles in the United States may file exhibits and attachments, but exclusive of exclusion request. objections to steel exclusion requests, but the the respective forms and any CBI provided to (ii) Not produced in the United States in U.S. Department of Commerce will only the U.S. Department of Commerce. Each a satisfactory quality. The exclusion review consider information directly related to the attachment to a submission must be less than criterion ‘‘not produced in the United States submitted exclusion request that is the 10 MB. in a satisfactory quality’’ does not mean the subject of the objection. (f) Rebuttal process. Only individuals or steel needs to be identical, but it does need (2) Identification of objections to submitted organizations that have submitted an to be equivalent as a substitute product. exclusion requests. When submitting an exclusion request pursuant to this ‘‘Substitute product’’ for purposes of this objection to a submitted exclusion request, supplement may submit a rebuttal to any review criterion means that the steel being the objector must locate the exclusion request objection(s) posted to their exclusion request produced by an objector can meet and submit a comment on the submitted in the Federal rulemaking portal (http:// ‘‘immediately’’ (see paragraph (c)(6)(i) of this exclusion request in regulations.gov. The file www.regulations.gov). The objections to supplement) the quality (e.g., industry specs name of the objection submission should submitted exclusion requests process or internal company quality controls or include the objector’s name, date of identified under paragraph (d) of this standards), regulatory, or testing standards, submission of the objection, name of the supplement already establish a formal in order for the U.S. produced steel to be organization that submitted the exclusion response process for steel manufacturers in used in that business activity in the United request, and date the exclusion request was the United States. The objection process is an States by that end user. For example, if a U.S. posted. For example, if Company B is important part of ensuring the duties and business activity requires that steel plates to submitting on April 1, 2018, an objection to quantitiative limitations are working as be provided must meet certain military an exclusion request submitted on March 15, intended to achieve the stated purposes of testing and military specification standards 2018 by Company A, the file should be the President’s Proclamations and the in order to be used in military combat named: ‘‘Company B objection_4–1–18 for objectives of implementing these duties and vehicles, that requirement would be taken Company A exclusion request_3–15–18.’’ In quantitative limitations to protect U.S. into account when reviewing the exclusion regulations.gov once an objection to a national security interests. In order to request and any objections, rebuttals and submitted exclusion request is posted, the enhance the fairness of this process and to surrebuttals submitted. As another example, objection will appear as a document under allow the individual or organization that if a U.S. business activity requires that steel the related exclusion request. submitted an exclusion request to respond to tubing to be provided must meet certain Food (3) Time limit for submitting objections to any objections submitted to its exclusion and Drug Administration (FDA) approvals to submitted exclusions requests. All objections request, this paragraph (f) allows for be used in medical devices, that requirement to submitted exclusion requests must be in subsequent written submissions under the would be taken into account when reviewing electronic form and submitted to the Federal rebuttal process. the exclusion request and any objections, rulemaking portal (http:// (1) Identification of rebuttals. When rebuttals, and surrebuttals submitted. www.regulations.gov) no later than 30 days submitting a rebuttal, the individual or Another example would be a food after the related exclusion request is posted. organization that submitted the exclusion manufacturer that requires tin-plate approval (4) Substance of objections to submitted request submits a comment on the objection from the U.S. Department of Agriculture exclusion requests. The objection should submitted to the exclusion request in the

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Federal rulemaking portal (http:// (g) Surrebuttal process. Only individuals or objection to an exclusion request in www.regulations.gov). See Annex 1 to organizations that have a posted objection to regulations.gov. This will be sometime Supplements No. 1 and 2 to Part 705 for a a submitted exclusion request pursuant to within a fifteen-day range after the rebuttal five-step process for how to submit rebuttals. this supplement may submit a surrebuttal to period has closed. The range of days is Annex 1 describes the naming convention a rebuttal (see paragraph (f)) posted to their needed to account for time needed by the used for identification of rebuttals and the objection to an exclusion request in the U.S. Department of Commerce to review any steps needed to identify objections to Federal rulemaking portal (http:// rebuttals to objections submitted to exclusion requests when using www.regulations.gov). The objections process determine whether the rebuttals are complete www.regulations.gov to submit a rebuttal. identified under paragraph (d) of this and should be posted in regulations.gov. The Submitters of rebuttals must follow the steps supplement already establishes a formal surrebuttal period ends seven days after the described in Annex 1, including following response process for steel manufacturers in surrebuttal comment period is opened. This the naming convention of rebuttals. In the United States and is an important part of seven-day surrebuttal period allows for the regulations.gov once a rebuttal to an ensuring the duties and quantitative individual or organization that submitted an objection to a submitted exclusion request is limitations are working as intended to objection to a submitted exclusion request posted, the rebuttal will appear as a achieve the stated purposes of the President’s pursuant to this supplement to submit any document under the related exclusion Proclamations and the objectives of written surrebuttals that it believes are request. implementing these duties and quantitative warranted to respond to a rebuttal. (2) Format and size limitations for limitations to protect U.S. national security (h) Disposition of 232 submissions. rebuttals. Similar to the exclusion process interests. In order to enhance the fairness of (1) Disposition of incomplete submissions. identified under paragraph (c) and the this process and to allow the individual or (i) Exclusion requests that do not satisfy objection process identified under paragraph organization that submitted an objection to a the requirements specified in paragraphs (b) (d) of this supplement, the rebuttal process submitted exclusion request to respond to and (c) of this supplement will be denied. requires the submission of a government any rebuttals submitted pursuant to (ii) Objection filings that do not satisfy the form as specified in paragraph (b)(3). The paragraph (f) of this supplement, paragraph requirements specified in paragraphs (b) and rebuttal must be in writing and submitted in (g) allows for subsequent written submissions (d) will not be considered. regulations.gov. Each rebuttal is to be limited under this surrebuttal process. (iii) Rebuttal filings that do not satisfy the to a maximum of 10 pages, inclusive of all (1) Identification of surrebuttals. When requirements specified in paragraphs (b) and exhibits and attachments, but exclusive of submitting a surrebuttal, the individual or (f) will not be considered. the rebuttal form and any CBI provided to the organization that submitted the objection to (iv) Surrebuttal filings that do not satisfy U.S. Department of Commerce. Each an exclusion request would submit a the requirements specified in paragraphs (b) attachment to a submission must be less than comment on the submitted rebuttal to the and (g) will not be considered. 10 MB. objection submitted in the Federal (2) Disposition of complete submissions. (3) Substance of rebuttals. Rebuttals must rulemaking portal (http:// (i) Posting of responses. The U.S. address an objection to the exclusion request www.regulations.gov). See Annex 1 to Department of Commerce will post responses made by the requester. If multiple objections Supplements No. 1 and 2 to Part 705 for a in regulations.gov to each exclusion request were received on a particular exclusion, the five-step process for how to submit submitted under docket number BIS–2018– requester may submit a rebuttal to each surrebuttals. Annex 1 describes the naming 0006. The U.S. Department of Commerce objector. The most effective rebuttals will be convention used for identification of response to an exclusion request will also be those that aim to correct factual errors or surrebuttals and the steps needed to identify responsive to any of the objection(s), misunderstandings in the objection(s). rebuttals in regulations when using rebuttal(s) and surrebuttal(s) for that (4) Time limit for submitting rebuttals. The www.regulatons.gov to submit a surrebuttal. submitted exclusion request submitted under rebuttal period begins on the date the Submitters of surrebuttals must follow the docket number BIS–2018–0006. Department opens the rebuttal period after steps described in Annex 1, including (ii) Streamlined review process for ‘‘No posting the last objection in regulations.gov. following the naming convention of Objection’’ requests. The U.S. Department of This beginning date will be sometime surrebuttals. In regulations.gov once a Commerce will expeditiously grant properly between thirty-one to forty-five days (a surrebuttal to a rebuttal to an objection to a filed exclusion requests which meet the fifteen day range) after an exclusion request submitted exclusion request is posted, the requisite criteria, receive no objections, and has been posted. The range of days is needed surrebuttal will appear as a document under present no national security concerns. If an to account for time needed by the U.S. the related exclusion request. exclusion request’s 30-day comment period Department of Commerce to review any (2) Format and size limitations for on regulations.gov has expired and no objections submitted to determine whether surrebuttals. Similar to the exclusion process objections have been submitted, the U.S. the objections are complete and should be identified under paragraph (c) of this Department of Commerce will work with posted in regulations.gov. The rebuttal period supplement, the objection process identified U.S. Customs and Border Protection (CBP) to ends seven days after the rebuttal comment under paragraph (d), and the rebuttal process ensure that the requester provided an period is opened. This seven day rebuttal identified under paragraph (f), the surrebuttal accurate HTSUS statistical reporting number. period allows for the individual or process requires the submission of a If so, BIS will immediately assess the request organization that submitted an exclusion government form as specified in paragraph for any national security concerns. If BIS request pursuant to this supplement to (b)(4). The surrebuttal must be in writing and identifies no national security concerns, it submit any written rebuttals that it believes submitted in regulations.gov. Each will expeditiously post a decision on are warranted. surrebuttal is to be limited to a maximum of regulations.gov granting the exclusion Note to Paragraph (f)(4): For exclusion 10 pages, inclusive of all exhibits and request. requests that received an objection(s) but for attachments, but exclusive of the surrebuttal (iii) Effective date for approved exclusions which the U.S. Department of Commerce has form and any CBI provided to the U.S. and date used for calculating duty refunds. not posted a final determination on the Department of Commerce. Each attachment (A) Effective date for approved exclusions. exclusion request as of September 11, 2018, to a submission must be less than 10 MB. Approved exclusions will be effective five the Department will reopen the requests to (3) Substance of surrebuttals. Surrebuttals business days after publication of the U.S. allow for the submission of rebuttals. The must address a rebuttal to an objection to the Department of Commerce response granting Department will reopen the requests on a exclusion request made by the requester. The an exclusion in regulations.gov. Starting on rolling basis starting on September 11, 2018, most effective surrebuttals will be those that that date, the requester will be able to rely and will seek to complete the reopening aim to correct factual errors or upon the approved exclusion request in process on the date that is seven days after misunderstandings in the rebuttal to an calculating the duties owed on the product the date of publication of this notice in the objection. imported in accordance with the terms listed Federal Register, September 18, 2018, to (4) Time limit for submitting surrebuttals. in the approved exclusion request. serve as the start date for the review periods The surrebuttal period begins on the date the (B) Contact for obtaining duty refunds. The identified in paragraph (f)(4) for those Department opens the surrebuttal comment U.S. Department of Commerce does not requests. period after posting the last rebuttal to an provide refunds on tariffs. Any questions on

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the refund of duties should be directed to (i) Review period. The review period no longer threaten to impair the national CBP. normally will not exceed 106 days for security. Clause 3 of Proclamation 9704 also (iv) Validity period for exclusion requests. requests that receive objections, including authorized the Secretary of Commerce, in Exclusions will generally be approved for adjudication of objections submitted on consultation with the Secretary of Defense, one year, but may be valid for shorter or exclusion requests and any rebuttals to the Secretary of the Treasury, the Secretary longer than one year depending on the objections, and surrebuttals. The estimated of State, the United States Trade specifics of the exclusion request; any 106 day period begins on the day the Representative, the Assistant to the President objections filed; and analysis by the U.S. exclusion request is posted in regulations.gov for Economic Policy, the Assistant to the Department of Commerce and other parts of and ends once a decision to grant or deny is President for National Security Affairs, and the U.S. Government, as warranted, of the made on the exclusion request. other senior Executive Branch officials as current supply and demand in the United (ii) Coordination with other agencies on appropriate, to grant exclusions from the States, including any limitations or other approval and implementation. Other duties at the request of directly affected factors that the Department determines agencies of the U.S. Government, such as parties located in the United States if the should be considered in order to achieve the CBP, will take any additional steps needed to aluminum articles are determined not to be national security objectives of the duties and implement an approved exclusion request. produced in the United States in a sufficient quantitative limitations. These additional steps needed to implement and reasonably available amount or of a (A) Examples of what fact patterns may an approved exclusion request are not part of satisfactory quality or based upon specific warrant a longer exclusion validity period. the review criteria used by the U.S. national security considerations. On August Individuals or organizations submitting Department of Commerce to determine 29, 2018, the President issued Proclamation exclusion requests or objections may specify whether to approve an exclusion request, but 9776. Clause 1 of Proclamation 9776 and are encouraged to specify how long they are an important component in ensuring the authorized the Secretary of Commerce, in believe an exclusion may be warranted and approved exclusion request can be properly consultation with the Secretary of State, the specify the rationale for that recommended implemented. The U.S. Department of Secretary of the Treasury, the Secretary of time period. For example, an individual or Commerce will provide CBP with Defense, the United States Trade organization submitting an exclusion request information that will identify each approved Representative (USTR), the Assistant to the may request a longer validity period if there exclusion request pursuant to this President for National Security Affairs, the are factors outside of their control that may supplement. Individuals or organizations Assistant to the President for Economic make it warranted to grant a longer period. whose exclusion requests are approved must Policy, and such other senior Executive These factors may include regulatory report information concerning any applicable Branch officials as the Secretary deems requirements that make a longer validity exclusion in such form as CBP may require. appropriate, to provide relief from the period justified, e.g., for an aircraft These exclusion identifiers will be used by applicable quantitative limitations set forth manufacturer that would require a certain importers in the data collected by CBP in in Proclamation 9704 and Proclamation 9758 number of years to make a change to an FAA order for CBP to determine whether an and their accompanying annexes, as approved type certificate or for a import is within the scope of an approved amended, at the request of a directly affected manufacturer of medical items to obtain FDA exclusion request. party located in the United States for any approval. Business considerations, such as (i) For further information. If you have aluminum article determined by the the need for a multi-year contract for steel questions on this supplement, you may Secretary to not be produced in the United with strict delivery schedules in order to contact Director, Industrial Studies, Office of States in a sufficient and reasonably available complete a significant U.S. project by an Technology Evaluation, Bureau of Industry amount or of a satisfactory quality. The established deadline, e.g., a large scale oil and Security, U.S. Department of Commerce, Secretary is also authorized to provide such and gas exploration project, is another at (202) 482–5642 or [email protected] relief based upon specific national security illustrative example of the types of regarding steel exclusion requests. See Annex considerations. considerations that a person submitting an 1 to Supplements Nos. 1 and 2 to Part 705 (a) Scope. This supplement specifies the exclusion request may reference. for application issues that are specific to requirements and process for how directly (B) Examples of what criteria may warrant using www.regulations.gov for submitting affected parties located in the United States a shorter exclusion validity period. Objectors rebuttals and surrebuttals under these two may submit requests for exclusions from the are encouraged to provide their suggestions supplements. The U.S. Department of remedies instituted by the President. This for how long they believe an appropriate Commerce has posted in regulations.gov supplement also specifies the requirements validity period should be for an exclusion training documents to assist your and process for how parties in the United request. In certain cases, this may be an understanding when submitting exclusion States may submit objections to submitted objector indicating it has committed to requests and objections, including step- by- exclusion requests for relief from the duties adding new capacity that will be coming step screen shots of the process when using or quantitative limitations imposed by the online within six months, so a shorter six- regulations.gov. The U.S. Department of President, and rebuttals to submitted month period is warranted. Conversely, if an Commerce website also includes FAQs, best objections and surrebuttals (collectively, objector knows it will take two years to practices other companies have used for ‘‘232 submissions’’). This supplement obtain appropriate regulatory approvals, submitting exclusion requests and objections, identifies the time periods for such financing and/or completing construction to and helpful checklists. submissions, the method of submission, and add new capacity, the objector may, in the information that must be included in responding to an exclusion that requests a Supplement No. 2 to Part 705— such submissions. longer validity period, e.g., three years, Requirements for Submissions (b) Required forms. The U.S. Department of indicate that although they agree a longer Requesting Exclusions From the Commerce has posted four separate fillable validity period than one year may be Remedies Instituted in Presidential forms on the BIS website at https:// warranted in this case, that two years is Proclamation 9704 of March 8, 2018 To www.bis.doc.gov/index.php/232-aluminum sufficient. Adjusting Imports of Aluminum Into and on the Federal rulemaking portal (http:// (C) None of the illustrative fact patterns the United States www.regulations.gov) that are to be used by identified in paragraphs (h)(2)(iv)(A) or (B) of organizations for submitting exclusion this supplement will be determinative in and On March 8, 2018, the President issued requests, objections to exclusion requests, of themselves for establishing the appropriate Proclamation 9704 concurring with the rebuttals, and surrebuttals described in this validity period, but this type of information findings of the January 17, 2018 report of the supplement. On regulations.gov, you can find is helpful for the U.S. Department of Secretary of Commerce on the investigation these four forms for aluminum exclusion Commerce to receive, when warranted, to into the effects of imports of aluminum requests, objections to exclusion requests, help determine the appropriate validity identified in Proclamation 9704 rebuttals to objections, and surrebuttals by period if a period other than one year is (‘‘aluminum’’) on the national security and searching for its regulations.gov docket requested. determining that adjusting aluminum number, which is BIS–2018–0002. The U.S. (3) Review period and implementation of imports through the imposition of duties is Department of Commerce requires requesters any needed conforming changes. necessary so that imports of aluminum will and objectors to use the appropriate form as

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specified under paragraphs (b)(1) and (2) of submission available to the public must manufacturing, or supplying aluminum this supplement for submitting exclusion contain a summary of the CBI in sufficient product to users) in the United States. requests and objections to submitted detail to permit a reasonable understanding (2) Identification of exclusion requests. The exclusion requests, and the forms specified of the substance of the information. If the file name of the submission must include the under paragraphs (b)(3) and (4) for submitting person claims that summarization submitter’s name, date of submission, and submitting rebuttals and surrebuttals. is not possible, the claim must be the 10-digit Harmonized Tariff Schedule of (1) Form required for submitting exclusion accompanied by a full explanation of the the United States (HTSUS) statistical requests. The name of the form used for reasons supporting that claim. Generally, reporting number. For example, if Company submitting exclusion requests is Request for numerical data will be considered adequately A is submitting an exclusion request on June Exclusion from Remedies: Section 232 summarized if grouped or presented in terms 1, 2018, the file should be named as follows: National Security Investigation of Aluminum of indices or figures within 10 percent of the ‘‘Company A exclusion request of 6–1–18 for Imports. The Title in www.regulations.gov is actual figure. If an individual portion of the 7604293050 HTSUS.’’ Separate exclusion Exclusion Request—Aluminum and is posted numerical data is voluminous (e.g., 5 pages requests must be submitted for aluminum under ID # BIS–2018–0002–0002. of numerical data), at least one percent of the products with distinct critical dimensions (2) Form required for submitting objections numerical data, representative of that portion (e.g., 10 mm diameter bar, 15 mm bar, or 20 to submitted exclusion requests. The name of must be summarized. In order to submit CBI mm bar) covered by a common HTSUS the form used for submitting objections to that is not for public release as a separate statistical reporting number. The exclusion submitted exclusion requests is Objection email submission to the U.S. Department of request forms do allow for minimum and Filing to Posted Section 232 Exclusion Commerce, you must follow the procedures maximum dimensions. Ranges are acceptable Request: Aluminum. The Title in in paragraphs (b)(3)(iii)(A)–(C) of this if the manufacturing process permits small www.regulations.gov is Objection Filing— supplement to assist the U.S. Department of tolerances. A permissible range must be Aluminum and is posted under ID # BIS– Commerce in identifying these submissions within the minimum and maximum range 2018–0002–0003. and associating these submissions with the that is specified in the tariff provision and (3) Form required for submitting rebuttals. respective 232 submission posted in applicable legal notes for the provision. The name of the form used for submitting regulations.gov. Submitters with classified Separate exclusion requests must also be rebuttals to objections is Rebuttal to information should contact the U.S. submitted for products falling in more than Objection Received for Section 232 Exclusion Department of Commerce for instructions on one 10-digit HTSUS statistical reporting Request: Aluminum. The Title in the appropriate methods to send this type of number. The U.S. Department of Commerce www.regulations.gov is Rebuttal Filing— information. If you are submitting a rebuttal will approve exclusions on a product basis Aluminum and is posted under ID # BIS– or a surrebuttal, Annex 1 to Supplements No. and the approvals will be limited to the 2018–0002–4393. 1 and 2 includes additional guidance for individual or organization that submitted the (4) Form required for submitting submitting CBI. specific exclusion request, unless Commerce surrebuttals. The name of the form used for (A) On the same day that you submit your approves a broader application of the submitting surrebuttals to objections is 232 submission in www.regulations.gov, send product-based exclusion request to apply to Surrebuttal to Rebuttal Received on Section an email to the U.S. Department of additional importers. Other directly affected 232 Objection: Aluminum. The Title in Commerce. The email address used is individuals or organizations located in the www.regulations.gov is Surrebuttal Filing— different depending on the type of United States that wish to submit an Aluminum and is posted under ID # BIS– submission the emailed CBP is for, as exclusion request for an aluminum product 2018–0002–4394. follows: CBI for rebuttals use 232rebuttals@ that has already been the subject of an (5) Public disclosure and information doc.gov; and CBI for surrebuttals use approved exclusion request may submit an protected from public disclosure. [email protected]. exclusion request under this supplement. (i) Information submitted in 232 (B) The email subject line must only These additional exclusion requests by other submissions will be subject to public review include the original exclusion request ID # directly affected individuals or organizations and made available for public inspection and (BIS–2018–000X–XXXXX) and the body of in the United States are not required to copying, except for the information described the email must include the 11-digit reference the previously approved exclusion in paragraph (b)(5)(iii) of this supplement. alphanumeric tracking number (XXX–XXXX– but are advised to do so, if they want Individuals and organizations must XXXX) you received from regulations.gov Commerce to take that into account when otherwise fully complete the relevant forms. when you successfully submitted your reviewing a subsequent exclusion request. (ii) Information not subject to public rebuttal, or surrebuttal. This naming Directly affected individuals and disclosure should not be submitted. convention will assist the U.S. Department of organizations in the United States will not be Personally identifiable information, Commerce to associate the CBI, that will not precluded from submitting a request for including social security numbers and be posted in regulations.gov, with the exclusion of a product even though an employer identification numbers, should not information included in the public exclusion request submitted for that product be provided. Information that is subject to submission. by another requester or that requester was government-imposed access and (C) Submit the CBI as an attachment to that denied or is no longer valid. dissemination or other specific national email. The CBI is limited to a maximum of Note to Paragraph (c)(2): For directly security controls, e.g., classified information 5 pages per rebuttal, or surrebuttal. The email affected individuals or organizations located or information that has U.S. Government is to be limited to sending your CBI. All other in the United States seeking exclusions from information for the public submission, and restrictions on dissemination to non-U.S. quantitative limitations imposed on certain public versions of the CBI, where citizens or other categories of persons that countries, the requester must select the field appropriate, for a 232 submission must be would prohibit public disclosure of the on the exclusion form to indicate that the submitted using www.regulations.gov information, may not be included in 232 exclusion request is for importing from a following the procedures identified in this submissions. Individuals and organizations country subject to a quantitative limitation. supplement. that have confidential business information In addition to selecting this field on the (‘‘CBI’’) that they believe relevant to the Note to Paragraph (B) for Submission of exclusion request form, a requester must Secretary’s consideration of the 232 Supporting Documents (Attachments): provide information that it believes supports submission should so indicate in the Supporting attachments must be emailed as allowing the requester to import aluminum appropriate field of the relevant form, or on PDF documents. that may otherwise exceed the quantitative the rebuttal or surrebuttal submission, (c) Exclusion requests. limitation for this country. For example, the following the procedures in paragraph (1) Who may submit an exclusion request? requester may indicate it believes the (b)(5)(iii) of this supplement. Only directly affected individuals or aluminum identified in the exclusion request (iii) Procedures for identifying, but not organizations located in the United States is not available from any U.S. suppliers, and disclosing, confidential or proprietary may submit an exclusion request. An indicate that the quantitative limitation has business information (CBI) in the public individual or organization is ‘‘directly been exceeded or will likely soon be version, and procedures for submitting CBI. affected’’ if they are using aluminum in exceeded leading to this individual or For persons seeking to submit CBI, the 232 business activities (e.g., construction, organization not being able to import or

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otherwise obtain (from any other country) the the user of aluminum in the United States Department of Commerce, in consultation needed aluminum. Providing information as described in the exclusion request. The U.S. with the other parts of the U.S. Government part of the exclusion requests that supports Department of Commerce reviews an as warranted, can consider other impacts to these types of statements is required for the exclusion request based on the information U.S. national security that may result from U.S. Department of Commerce to consider included in the exclusion request, any not approving an exclusion, e.g., the these types of exclusion requests. objections to an exclusion request, any unintended impacts that may occur in other (3) Where to submit exclusion requests? All rebuttals to the objections made by an downstream industries using aluminum, but exclusion requests must be in electronic form individual or organization that submitted the in such cases the demonstrated concern with and submitted to the Federal rulemaking exclusion request, and any surrebuttals. If the U.S. national security would need to be portal (http://www.regulations.gov). You can U.S. Department denies an exclusion request tangible and clearly explained and ultimately find the interim final rule that added this based on a representation made by an determined by the U.S. Government. supplement by searching for the objector, which later is determined to be (d) Objections to submitted exclusion regulations.gov docket number, which is inaccurate (e.g., if the objector was not able requests. BIS–2018–0002. to meet the requirement of being able to (1) Who may submit an objection to a (4) No time limit for submitting exclusion ‘‘immediately’’ supply the aluminum that submitted exclusion request? Any individual requests. All exclusion requests must be in was included in a denied exclusion request or organization that manufactures aluminum electronic form and submitted to the Federal in the quantity needed), the requester may articles in the United States may file rulemaking portal (http:// submit a new exclusion request that refers objections to aluminum exclusion requests, www.regulations.gov), but may be submitted back to the original denied exclusion request but the U.S. Department of Commerce will at any time. and explains that the objector was not able only consider information directly related to (5) Substance of exclusion requests. An to supply the aluminum. The U.S. the submitted exclusion request that is the exclusion request must specify the business Department of Commerce would take that subject of the objection. activities in the United States in which the into account in reviewing a subsequent (2) Identification of objections to submitted requester is engaged that qualify the exclusion request. exclusion requests. When submitting an individual or organization to be directly (ii) Not produced in the United States in objection to a submitted exclusion request, affected and thus eligible to submit an a satisfactory quality. The exclusion review the objector must locate the exclusion request exclusion request. The request should clearly criterion ‘‘not produced in the United States and submit a comment on the submitted identify, and provide support for, the basis in a satisfactory quality’’ does not mean the exclusion request in regulations.gov. The file upon which the exclusion is sought. An aluminum needs to be identical, but it does name of the objection submission should exclusion will only be granted if an article is need to be equivalent as a substitute product. include the objector’s name, date of not produced in the United States in a ‘‘Substitute product’’ for purposes of this submission of the objection, name of the sufficient and reasonably available amount, review criterion means that the aluminum organization that submitted the exclusion is not produced in the United States in a being produced by an objector can meet request, and date the exclusion request was satisfactory quality, or for specific national ‘‘immediately’’ (see paragraph (c)(6)(i) of this posted. For example, if Company X is security considerations. supplement) the quality (e.g., industry specs submitting on April 1, 2018, an objection to (6) Criteria used to review exclusion or internal company quality controls or an exclusion request submitted on March 15, requests. The U.S. Department of Commerce standards), regulatory, or testing standards, 2018 by Company A, the file should be will review each exclusion request to in order for the U.S. produced aluminum to named: ‘‘Company X objection_4–1–18 for determine whether an article described in an be used in that business activity in the Company A exclusion request_3–15–18.’’ In exclusion request meets any of the following United States by that end user. For example, regulations.gov once an objection to a three criteria: The article is not produced in if a U.S. business activity requires that submitted exclusion request is posted, the the United States in a sufficient and aluminum to be provided must meet certain objection will appear as a document under reasonably available amount, is not produced military testing and military specification the related exclusion request. in the United States in a satisfactory quality, standards in order to be used in military (3) Time limit for submitting objections to or for specific national security aircraft, that requirement would be taken into submitted exclusions requests. All objections considerations. To provide additional context account when reviewing the exclusion to submitted exclusion requests must be in on the meaning and application of the request and any objections, rebuttals, and electronic form and submitted to the Federal criteria, paragraphs (c)(6)(i)–(iii) of this surrebuttals submitted. Another example, rulemaking portal (http:// supplement define keys terms used in the would be a U.S. pharmaceutical www.regulations.gov) no later than 30 days review criteria and provide illustrative manufacturer that requires approval from the after the related exclusion request is posted. application examples. The U.S. Department Food and Drug Administration (FDA) to (4) Substance of objections to submitted of Commerce will use the same criteria make any changes in its aluminum product exclusion requests. The objection should identified in paragraphs (c)(6)(i)–(iii) of this pill bottle covers. An objector would not clearly identify, and provide support for, its supplement when determining whether it is have to make aluminum for use in making opposition to the proposed exclusion, with warranted to approve broader product-based the product covers that was identical, but it reference to the specific basis identified in, exclusions based on trends the Department would have to be a ‘‘substitute product’’ and the support provided for, the submitted may see over time with 232 submissions. The meaning it could meet the FDA certification exclusion request. If the objector is asserting public is not permitted to request broader standards. that it is not currently producing the product-based exclusions that would apply (iii) For specific national security aluminum identified in an exclusion request to all importers, because the Department considerations. The exclusion review but can produce the aluminum within eight makes these determinations over time by criterion ‘‘or for specific national security weeks (meaning the objector meets the evaluating the macro trends in 232 considerations’’ is intended to allow the U.S. definition of being able to supply the submissions. Department of Commerce, in consultation aluminum ‘‘immediately’’ in order to meet (i) Not produced in the United States in a with other parts of the U.S. Government as the demand identified in the exclusion sufficient and reasonably available amount. warranted, to make determinations whether a request), the objector must identify how it The exclusion review criterion ‘‘not particular exclusion request should be will be able to produce the article within produced in the United States in a sufficient approved based on specific national security eight weeks. This requirement includes and reasonably available amount’’ means that considerations. For example, if the aluminum specifying in writing to the U.S. Department the amount of aluminum that is needed by included in an exclusion request is needed of Commerce as part of the objection, the the end user requesting the exclusion is not by a U.S. defense contractor for making timeline the objector anticipates in order to available immediately in the United States to critical items for use in a military weapons start or restart production of the aluminum meet its specified business activities. platform for the U.S. Department of Defense, included in the exclusion request to which ‘‘Immediately’’ means whether a product is and the duty or quantitative limitation will it is objecting. For example, a summary currently being produced or could be prevent the military weapons platform from timeline that specifies the steps that will produced ‘‘within eight weeks’’ in the being produced, the exclusion will likely be, occur over the weeks needed to produce that amount needed in the business activities of the exclusion will likely be granted. The U.S. aluminum would be helpful to include, not

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only for the U.S. Department of Commerce (b)(3). The rebuttal must be in writing and paragraph (g) allows for subsequent written review of the objection, but also for the submitted in regulations.gov. Each rebuttal is submissions under this surrebuttal process. requester of the exclusion and its to be limited to a maximum of 10 pages, (1) Identification of surrebuttals. When determination whether to file a rebuttal to the inclusive of all exhibits and attachments, but submitting a surrebuttal, the individual or objection. The U.S. Department of Commerce exclusive of the rebuttal form and any CBI organization that submitted the objection to understands that in certain cases regulatory provided to the U.S. Department of an exclusion request would submit a approvals, such as from the Environmental Commerce. Each attachment to a submission comment on the submitted rebuttal to the Protection Agency (EPA) or some approvals must be less than 10 MB. objection submitted in the Federal at the state or local level may be required to (3) Substance of rebuttals. Rebuttals must rulemaking portal (http:// start or restart production and that some of address an objection to the exclusion request www.regulations.gov). See Annex 1 to these types of approvals may be not made by the requester. If multiple objections Supplements No. 1 and 2 to Part 705 for a controllable by an objector. were received on a particular exclusion, the five-step process for how to submit (e) Limitations on the size of submissions. requester may submit a rebuttal to each surrebuttals. Annex 1 describes the naming Each exclusion request and each objection to objector. The most effective rebuttals will be convention used for identification of a submitted exclusion request is to be limited those that aim to correct factual errors or surrebuttals and the steps needed to identify to a maximum of 25 pages, respectively, misunderstandings in the objection(s). rebuttals in regulations when using inclusive of all exhibits and attachments, but (4) Time limit for submitting rebuttals. The www.regulations.gov to submit a surrebuttal. exclusive of the respective forms and any CBI rebuttal period begins on the date the Submitters of surrebuttals must follow the provided to the U.S. Department of Department opens the rebuttal period after steps described in Annex 1, including Commerce. Each attachment to a submission posting the last objection in regulations.gov. following the naming convention of must be less than 10 MB. This beginning date will be sometime surrebuttals. In regulations.gov once a (f) Rebuttal process. Only individuals or between thirty-one to forty-five days (a surrebuttal to a rebuttal to an objection to a organizations that have submitted an fifteen day range) after an exclusion request submitted exclusion request is posted, the exclusion request pursuant to this has been posted. The range of days is needed surrebuttal will appear as a document under supplement may submit a rebuttal to any to account for time needed by the U.S. the related exclusion request. objection(s) posted to their exclusion request Department of Commerce to review any (2) Format and size limitations for in the Federal rulemaking portal (http:// objections submitted to determine whether surrebuttals. Similar to the exclusion process www.regulations.gov). The objections to the objections are complete and should be identified under paragraph (c) of this submitted exclusion requests process posted in regulations.gov. The rebuttal period supplement, the objection process identified under paragraph (d), and the rebuttal process identified under paragraph (d) of this ends seven days after the rebuttal comment identified under paragraph (f), the surrebuttal supplement already establish a formal period is opened. This seven day rebuttal process requires the submission of a response process for aluminum period allows for the individual or government form as specified in paragraph manufacturers in the United States. The organization that submitted an exclusion request pursuant to this supplement to (b)(4). The surrebuttal must be in writing and objection process is an important part of submitted in regulations.gov. Each ensuring the duties and quantitative submit any written rebuttals that it believes are warranted. surrebuttal is to be limited to a maximum of limitations are working as intended to 10 pages, inclusive of all exhibits and achieve the stated purposes of the President’s Note to Paragraph (f)(4): For exclusion attachments, but exclusive of the surrebuttal Proclamations and the objectives of requests that received an objection(s) but for form and any CBI provided to the U.S. implementing these duties and quantitative which the U.S. Department of Commerce has Department of Commerce. Each attachment limitations to protect U.S. national security not posted a final determination on the to a submission must be less than 10 MB. interests. In order to enhance the fairness of exclusion request as of September 11, 2018, (3) Substance of surrebuttals. Surrebuttals this process and to allow the individual or the Department will reopen the requests to must address a rebuttal to an objection to the organization that submitted an exclusion allow for the submission of rebuttals. The exclusion request made by the requester. The request to respond to any objections Department will reopen the requests on a most effective surrebuttals will be those that submitted to its exclusion request, this rolling basis starting on September 11, 2018, aim to correct factual errors or paragraph (f) allows for subsequent written and will seek to complete the reopening misunderstandings in the rebuttal to an submissions under the rebuttal process. process on the date that is seven days after objection(s). (1) Identification of rebuttals. When the date of publication of this notice in the (4) Time limit for submitting surrebuttals. submitting a rebuttal, the individual or Federal Register, September 18, 2018, to The surrebuttal period begins on the date the organization that submitted the exclusion serve as the start date for the review periods Department opens the surrebuttal period, request submits a comment on the objection identified in paragraph (f)(4) for those after posting the last rebuttal to an objection to the submitted exclusion request in the requests. to an exclusion request in regulations.gov. Federal rulemaking portal (http:// (g) Surrebuttal process. Only individuals or This will be sometime within a fifteen-day www.regulations.gov). See Annex 1 to organizations that have a posted objection to range after the rebuttal period has closed. Supplements No. 1 and 2 to Part 705 for a a submitted exclusion request pursuant to The range of days is needed to account for five-step process for how to submit rebuttals. this supplement may submit a surrebuttal to time needed by the U.S. Department of Annex 1 describes the naming convention a rebuttal (see paragraph (f)) posted to their Commerce to review any rebuttals to used for identification of rebuttals and the objection to an exclusion request in the objections submitted to determine whether steps needed to identify objections to Federal rulemaking portal (http:// the rebuttals are complete and should be exclusion requests when using www.regulations.gov). The objections process posted in regulations.gov. The surrebuttal www.regulations.gov to submit a rebuttal. identified under paragraph (d) of this period ends seven days after the surrebuttal Submitters of rebuttals must follow the steps supplement already establishes a formal period is opened. This seven-day surrebuttal described in Annex 1, including following response process for aluminum period allows for the individual or the naming convention of rebuttals. In manufacturers in the United States and is an organization that submitted an objection to a regulations.gov once a rebuttal to an important part of ensuring the duties and submitted exclusion request pursuant to this objection to a submitted exclusion request is quantitative limitations are working as supplement to submit any written posted, the rebuttal will appear as a intended to achieve the stated purposes of surrebuttals that it believes are warranted to document under the related exclusion the President’s Proclamations and the respond to a rebuttal. request. objectives of implementing these duties and (h) Disposition of 232 submissions. (2) Format and size limitations for quantitative limitations to protect U.S. (1) Disposition of incomplete submissions. rebuttals. Similar to the exclusion process national security interests. In order to (i) Exclusion requests that do not satisfy identified under paragraph (c) of this enhance the fairness of this process and to the requirements specified in paragraphs (b) supplement and the objection process allow the individual or organization that and (c) of this supplement will be denied. identified under paragraph (d), the rebuttal submitted an objection to a submitted (ii) Objection filings that do not satisfy the process requires the submission of a exclusion request to respond to any rebuttals requirements specified in paragraphs (b) and government form as specified in paragraph pursuant to paragraph (f) of this supplement, (d) will not be considered.

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(iii) Rebuttal filings that do not satisfy the organization submitting an exclusion request, Commerce will provide CBP with requirements specified in paragraphs (b) and may request a longer validity period if there information that will identify each approved (f) will not be considered. are factors outside of their control that may exclusion request pursuant to this (iv) Surrebuttal filings that do not satisfy make it warranted to grant a longer period. supplement. Importers are directed to report the requirements specified in paragraphs (b) These factors may include regulatory information concerning any applicable and (g) will not be considered. requirements that make a longer validity exclusion granted by Commerce in such form (2) Disposition of complete submissions. period justified, e.g., for an aircraft as CBP may require. These exclusion (i) Posting of responses. The U.S. manufacturer that would require a certain identifiers will be used by importers in the Department of Commerce will post responses number of years to make a change to an FAA data collected by CBP in order for CBP to in regulations.gov to each exclusion request approved type certificate or for a determine whether an import is within the submitted under docket number BIS–2018– manufacturer of medical items to obtain FDA scope of an approved exclusion request. 0002. The U.S. Department of Commerce approval. Business considerations, such as (i) For further information. If you have response to an exclusion request will also be the need for a multi-year contract for questions on this supplement, you may responsive to any of the objection(s), aluminum with strict delivery schedules in contact Director, Industrial Studies, Office of rebuttal(s), and surrebuttal(s) for that order to complete a significant U.S. Technology Evaluation, Bureau of Industry submitted exclusion request submitted under manufacturing project by an established and Security, U.S. Department of Commerce, docket number BIS–2018–0002. deadline, e.g., a large scale petrochemical at (202) 482–4757 or Aluminum232@ (ii) Streamlined review process for ‘‘No project, is another illustrative example of the bis.doc.gov regarding aluminum exclusion Objection’’ requests. The U.S. Department of types of considerations that a person requests. See Annex 1 to Supplements Nos. Commerce will expeditiously grant properly submitting an exclusion request may 1 and 2 to Part 705 for application issues that filed exclusion requests which meet the reference. are specific to using www.regulations.gov for requisite criteria, receive no objections, and (B) Examples of what criteria may warrant submitting rebuttals and surrebuttals under present no national security concerns. If an a shorter exclusion validity period. Objectors these two supplements. The U.S. Department exclusion request’s 30-day comment period are encouraged to provide their suggestions of Commerce has posted in regulations.gov on regulations.gov has expired and no for how long they believe an appropriate training documents to assist your objections have been submitted, the U.S. validity period should be for an exclusion understanding when submitting 232 Department of Commerce will work with request. In certain cases, this may be an submissions. These documents include step- U.S. Customs and Border Protection (CBP) to objector indicating it has committed to by-step screen shots of the process for using ensure that the requester provided an adding new capacity that will be coming regulations.gov. The U.S. Department of accurate HTSUS statistical reporting number. online within six months, so a shorter six- Commerce website also includes FAQs and If so, BIS will immediately assess the request month period is warranted. Conversely, if an best practices other companies have used for for any national security concerns. If BIS objector knows it will take two years to submitting exclusion requests and objections. identifies no national security concerns, it obtain appropriate regulatory approvals, ■ 1. Add Annex 1 to Supplements No. will expeditiously post a decision on financing and/or completing construction to 1 and 2 to Part 705, to read as follows: regulations.gov granting the exclusion add new capacity, the objector may, in request. responding to an exclusion that requests a Annex 1 to Supplements No. 1 and 2 to (iii) Effective date for approved exclusions longer validity period, e.g., three years, Part 705—Steps for Using and date used for calculating duty refunds. indicate that although they agree a longer Regulations.gov To File Rebuttals and (A) Effective date for approved exclusions. validity period than one year may be Surrebuttals Approved exclusions will be effective five warranted in this case, that two years is business days after publication of the U.S. sufficient. How To File Rebuttal Comments Department of Commerce response granting (C) None of the illustrative fact patterns Step 1: After the objection comment period an exclusion in regulations.gov. Starting on identified in paragraphs (h)(2)(iv)(A) or (B) of closes for your exclusion request, you should that date, the requester will be able to rely this supplement will be determinative in and search for all the objections on the upon the approved exclusion request in of themselves for establishing the appropriate www.regulations.gov website using the calculating the duties owed on the product validity period, but this type of information tutorial available on www.regulations.gov. imported in accordance with the terms listed is helpful for the U.S. Department of Commerce will also prepare a daily list in the approved exclusion request. Commerce to receive, when warranted, to available on www.commerce.gov/232 that (B) Contact for obtaining duty refunds. The help determine the appropriate validity will assist you with determining whether an U.S. Department of Commerce does not period if a period other than one year is objection was filed for your product provide refunds on tariffs. Any questions on requested. exclusion request. You must have your the refund of duties should be directed to (3) Review period and implementation of request ID # (BIS–2018–000X–XXXXX) to CBP. any needed conforming changes. locate a specific exclusion request. (iv) Validity period for exclusion requests. (i) Review period. The review period Step 2: Using the list on Exclusions will generally be approved for normally will not exceed 106 days for www.commerce.gov/232 and your exclusion one year, but may be valid for shorter or requests that receive objections, including request ID #, filter the list for your request. longer than one year depending on the adjudication of objections submitted on If your request ID # is not on this list, it did specifics of the exclusion request; any exclusion requests and any rebuttals to not receive any objections and no rebuttal objections filed; and analysis by the U.S. objections, and surrebuttals. The estimated period will be opened and Commerce will Department of Commerce and other parts of 106-day period begins on the day the process it accordingly. If your request ID # is the U.S. Government, as warranted, of the exclusion request is posted in regulations.gov on this list, locate the objections filed for current supply and demand in the United and ends once a decision to grant or deny is your request. Please note that your request ID States, including any limitations or other made on the exclusion request. # will be listed more than once if it received factors that the Department determines (ii) Coordination with other agencies on more than one objection. Be advised that you should be considered in order to achieve the approval and implementation. Other should continue to monitor national security objectives of the duties and agencies of the U.S. Government, such as www.regulations.gov and the list on quantitative limitations while not unduly CBP, will take any additional steps needed to www.commerce.gov/232 to determine if burdening other parts of U.S. industry. implement an approved exclusion request. objections were filed on your exclusion (A) Examples of what fact patterns may These additional steps needed to implement request. warrant a longer exclusion validity period. an approved exclusion request are not part of Step 3: To review the objections filed, go Individuals or organizations submitting the review criteria used by the U.S. to www.regulations.gov and enter the exclusion requests or objections may specify Department of Commerce to determine objection ID # that corresponds to your and are encouraged to specify how long they whether to approve an exclusion request, but exclusion request. Some exclusion requests believe an exclusion may be warranted and are an important component in ensuring the may have multiple objections. specify the rationale for that recommended approved exclusion request can be properly Step 4: If you decide to file a rebuttal to time period. For example, an individual or implemented. The U.S. Department of an objection, visit www.regulations.gov to

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locate the rebuttal submission form. Submit How To File Surrebuttal Comments All surrebuttal materials must be submitted one rebuttal form for each objection you wish Step 1: After the rebuttal comment period within the 7-day surrebuttal period. to rebut along with no more than 10 pages closes on an exclusion request, you should Step 5: If you wish to submit CBI as part of supporting documentation. The 10 pages search for all the rebuttals on the of your surrebuttal, you must mark the should include public documents and the www.regulations.gov website using the appropriate box in the surrebuttal form. The public version of your confidential or tutorial available on www.regulations.gov. CBI document must be emailed to proprietary business information (CBI) Commerce will also prepare a daily list [email protected] on the same day documentation. All rebuttal materials must available on www.commerce.gov/232 that you submit your surrebuttal on be submitted within the 7-day rebuttal will assist you with determining whether a regulations.gov. The email subject line must period. rebuttal was filed on your objection. You only include the original exclusion request Step 5: If you wish to submit CBI as part must have the exclusion request ID # (BIS– ID # (BIS–2018–000X–XXXXX) and the body of your rebuttal, you must mark the 2018–000X–XXXXX) to locate rebuttals to of the email must include the 11-digit appropriate box in the rebuttal form. The CBI your objection. alphanumeric tracking number (XXX–XXXX– document must be emailed to 232rebuttals@ Step 2: Using the list on XXXX) you received from regulations.gov doc.gov on the same day you submit your www.commerce.gov/232 filter the objection when you successfully submitted your rebuttal on regulations.gov. The email subject ID #, column using your objection ID #. If no surrebuttal. Submit no more than 5 pages of line must include the original exclusion rebuttals were filed for your objection, then supporting CBI documentation via email. As request ID # (BIS–2018–000X–XXXXX) and the list will indicate, ‘‘No Rebuttal’’ under noted in Step 4 above, an adequate public the body of the email must include the 11- the Rebuttal ID column. Be advised that you version, adhering to the requirements digit alphanumeric tracking number (XXX– should continue to monitor outlined in the body of this regulation, must XXXX–XXXX) you received from www.regulations.gov and the list on accompany the submission of each www.commerce.gov/232 to determine if regulations.gov when you successfully surrebuttal form on regulations.gov. If you do submitted your rebuttal. Submit no more rebuttals were filed on your objection. not file a public version of the CBI, than 5 pages of supporting CBI Step 3: To review the rebuttals filed, go to Commerce will not consider your surrebuttal documentation via email. As noted in Step 4 www.regulations.gov and enter the exclusion to be properly submitted and exclude it from above, an adequate public version, adhering request ID # that corresponds to your the analyses. to the requirements outlined in the body of objection. For any questions, call (202) 482–5642 this regulation, must accompany the Step 4: If you decide to file a surrebuttal, submission of each rebuttal form on visit www.regulations.gov to locate the (steel) or (202) 482–4757 (aluminum). regulations.gov. If you do not file a public surrebuttal submission form. Submit one Dated: September 5, 2018. version of the CBI, Commerce will not surrebuttal form for each rebuttal you wish Wilbur L. Ross, consider your rebuttal to be properly to rebut along with no more than 10 pages Secretary of Commerce. submitted and exclude it from the analyses. of supporting documentation. The 10 pages For any questions, call (202) 482–5642 should include public documents and the [FR Doc. 2018–19662 Filed 9–6–18; 4:15 pm] (steel) or (202) 482–4757 (aluminum). public version of your CBI documentation. BILLING CODE 3510–33–P

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Reader Aids Federal Register Vol. 83, No. 176 Tuesday, September 11, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER

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. 15 CFR Presidential Documents 3 CFR 705...... 46026 Executive orders and proclamations 741–6000 Proclamations: 744...... 44821 The United States Government Manual 741–6000 9704...... 45019 9705...... 45025 Other Services 16 CFR 9710...... 45019 Electronic and on-line services (voice) 741–6020 9711...... 45025 801...... 45555 Privacy Act Compilation 741–6050 9739...... 45019 802...... 45555 Public Laws Update Service (numbers, dates, etc.) 741–6043 9740...... 45025 803...... 45555 9776...... 45019 Proposed Rules: 18...... 45582 ELECTRONIC RESEARCH 9777...... 45025 9778...... 45313 17 CFR World Wide Web 9779...... 45315 9780...... 45317 Proposed Rules: Full text of the daily Federal Register, CFR and other publications Executive Orders: 75...... 45860 is located at: www.fdsys.gov. 13847...... 45321 255...... 45860 Federal Register information and research tools, including Public Adminstrative Orders: Inspection List, indexes, and Code of Federal Regulations are Notices: 26 CFR located at: www.ofr.gov. Notice of August 31, 1...... 45826 2018 ...... 45191 E-mail 29 CFR 7 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: Mailing List) is an open e-mail service that provides subscribers 457...... 45535 2200...... 45366 with a digital form of the Federal Register Table of Contents. The 1709...... 45031 digital form of the Federal Register Table of Contents includes 1739...... 45031 33 CFR HTML and PDF links to the full text of each document. 1776...... 45031 100 ...... 44828, 45047, 45339 1783...... 45031 To join or leave, go to https://public.govdelivery.com/accounts/ 117...... 45827 USGPOOFR/subscriber/new, enter your email address, then 8 CFR 165 ...... 44828, 44830, 45047, follow the instructions to join, leave, or manage your 45049, 45342, 45344, 45346, subscription. Proposed Rules: 45567, 45569, 45571 212...... 45486 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 236...... 45486 service that notifies subscribers of recently enacted laws. 165 ...... 45059, 45584, 45864 10 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 36 CFR and select Join or leave the list (or change settings); then follow Proposed Rules: Proposed Rules: the instructions. 431...... 45052, 45851 13...... 45203 Ch. I ...... 45359 FEDREGTOC and PENS are mailing lists only. We cannot 1236...... 45587 respond to specific inquiries. 12 CFR 37 CFR Reference questions. Send questions and comments about the 1003...... 45325 Federal Register system to: [email protected] Proposed Rules: Proposed Rules: 387...... 45203 The Federal Register staff cannot interpret specific documents or 25...... 45053 regulations. 44...... 45860 40 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 195...... 45053 52 ...... 45193, 45194, 45348, longer appears in the Federal Register. This information can be Ch. X...... 45574 45351, 45356, 45827, 45830, found online at http://bookstore.gpo.gov/. 248...... 45860 351...... 45860 45836 81...... 45830, 45836 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 14 CFR 180 ...... 45838, 45841, 45844 Proposed Rules: 44815–45030...... 4 25...... 45034, 45037 39 ...... 44815, 45037, 45041, 51...... 45588 45031–45192...... 5 52...... 45588 45193–45324...... 6 45044, 45333, 45335, 45539, 45545, 45548, 45550, 45811 60...... 45588 45325–45534...... 7 71 ...... 45337, 45554, 45813, 62...... 45589 45535–45810...... 10 45814, 45815, 45816, 45818, 271...... 45061, 45068 45811–46066...... 11 45819, 45820 Ch. IX...... 44846 97 ...... 44816, 44819, 45822, 45824 43 CFR Proposed Rules: 8365...... 45196 39 ...... 44844, 45359, 45362, 45364, 45578, 45580 44 CFR 71...... 45861, 45863 64...... 45199

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45 CFR 14...... 44831 815...... 45374 49 CFR Proposed Rules: 20...... 44831 816...... 45374 Proposed Rules: 410...... 45486 64...... 44831 825...... 45384 395...... 45204 68...... 44831 836...... 45384 46 CFR 837...... 45374 50 CFR Proposed Rules: 48 CFR 842...... 45384 32...... 45758 545...... 45367 Proposed Rules: 846...... 45384 300...... 45849 7...... 45072 849...... 45374 679...... 45201, 45202 47 CFR 232...... 45592 852...... 45374, 45384 Proposed Rules: 1...... 44831 242...... 45592 853...... 45384 17...... 45073 6...... 44831 252...... 45592 871...... 45374 635...... 45866 7...... 44831 801...... 45374, 45384 660...... 45396

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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 September 7, 2018 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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