Vol. 82 Wednesday, No. 191 October 4, 2017

Pages 46123–46368

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 82, No. 191

Wednesday, October 4, 2017

Agriculture Department Commerce Department See Federal Crop Insurance Corporation See Foreign-Trade Zones Board See Food Safety and Inspection Service See International Trade Administration See National Oceanic and Atmospheric Administration Air Force Department NOTICES Commodity Futures Trading Commission Exclusive Patent Licenses; Approvals: NOTICES Regents of University of California, 46225 Public Availability of Fiscal Year 2016 Service Contract Inventory, 46225 Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Community Living Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Release and Receipt of Imported Firearms, Ammunition Submissions, and Approvals: and Defense Articles, 46285–46286 State Developmental Disabilities Council—Annual Program Performance Report, 46246–46247 Centers for Medicare & Medicaid Services State Grant for Assistive Technology Program Annual RULES Progress Report, 46247–46248 Medicare Program: Defense Acquisition Regulations System Hospital Inpatient Prospective Payment Systems for NOTICES Acute Care Hospitals and the Long-Term Care Agency Information Collection Activities; Proposals, Hospital Prospective Payment System and Policy Submissions, and Approvals: Changes and Fiscal Year 2018 Rates; Quality Defense Federal Acquisition Regulation Supplement; Part Reporting Requirements for Specific Providers; etc., 216, Types of Contracts, 46226 46138–46163 Prospective Payment System and Consolidated Billing for Defense Department Skilled Nursing Facilities for FY 2018, SNF Value- See Air Force Department Based Purchasing Program, SNF Quality Reporting See Defense Acquisition Regulations System Program, Survey Team Composition, and Correction of the Performance Period for the NHSN HCP Energy Department Influenza Vaccination Immunization Reporting See Federal Energy Regulatory Commission Measure in the ESRD QIP for PY 2020; Correction, NOTICES 46163–46170 Charter Renewals: PROPOSED RULES Advanced Scientific Computing Advisory Committee, Medicare and Medicaid Programs: 46227 Revisions to Certain Patient’s Rights Conditions for Basic Energy Sciences Advisory Committee, 46226–46227 Participation and Conditions for Coverage; DOE/NSF High Energy Physics Advisory Panel, 46227 Withdrawal, 46181 Medicare Program: Environmental Protection Agency Establishment of Special Payment Provisions and RULES Requirements for Qualified Practitioners and Air Quality State Implementation Plans; Approvals and Qualified Suppliers of Prosthetics and Custom Promulgations: Fabricated Orthotics; Withdrawal, 46181–46182 Georgia; Regional Haze Progress Report, 46136–46138 Part B Drug Payment Model; Withdrawal, 46182 North Carolina; Interstate Transport, 46134–46136 NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Renewable Fuel Standard Program: Submissions, and Approvals, 46245 Standards for 2018 and Biomass-Based Diesel Volume for 2019, 46174–46180 Civil Rights Commission NOTICES Export-Import Bank Meetings: NOTICES Arizona Advisory Committee, 46214–46215 Agency Information Collection Activities; Proposals, California Advisory Committee, 46213–46214 Submissions, and Approvals, 46236–46237 Connecticut Advisory Committee, 46214 Oregon Advisory Committee, 46213 Farm Credit Administration Texas Advisory Committee, 46215 NOTICES Meetings; Sunshine Act, 46237 Coast Guard RULES Federal Aviation Administration Safety Zones: RULES Upper Mississippi River, Crystal City, MO, 46132–46134 Stage 5 Airplane Noise Standards, 46123–46132

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NOTICES Fish and Wildlife Service Land Releases: PROPOSED RULES Skagit Regional Airport, Burlington, WA, 46344–46345 Endangered and Threatened Species: 12 Month Findings on Petitions To List Holiday Darter, Federal Bureau of Investigation Trispot Darter, and Bridled Darter; Threatened NOTICES Species Status for Trispot Darter, 46183–46197 Meetings: Proposed Threatened Species Status for Candy Darter, Council for National Crime Prevention and Privacy 46197–46205 Compact, 46286 Federal Crop Insurance Corporation Food and Drug Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46211–46212 Submissions, and Approvals: Content and Format of Labeling for Human Prescription Federal Deposit Insurance Corporation Drugs and Biological Products; Requirements for NOTICES Pregnancy and Lactation Labeling, 46248–46250 Receiverships; Terminations: Meetings: Security Bank of Gwinnett County, Suwanee, GA, 46237– Patient Engagement Advisory Committee; Amendment, 46238 46250–46251

Federal Energy Regulatory Commission Food Safety and Inspection Service NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals, 46231–46232 Codex Alimentarius Commission: Ad Hoc Codex Applications: Intergovernmental Task Force on Antimicrobial FirstLight Hydro Generating Co., 46234–46235 Resistance, 46212–46213 KEI (Maine) Power Management (III), LLC, 46228–46229 Combined Filings, 46227–46231 Foreign-Trade Zones Board Environmental Impact Statements; Availability, etc.: NOTICES Florida Southeast Connection, LLC, Transcontinental Gas Proposed Production Activities: Pipe Line Co., LLC, Sabal Trail Transmission, LLC; BGM America, Inc., Foreign-Trade Zone 127, West Southeast Market Pipelines Project, 46233–46234 Columbia, SC, 46216–46217 Filings: Fuling Plastic USA, Inc., Foreign-Trade Zone 272, Lehigh Bonneville Power Administration, 46232 Valley, PA, 46215–46216 Buckeye Power, Inc., 46227 San Diego Gas and Electric Co. v. Sellers of Energy and Health and Human Services Department Ancillary Services into Markets Operated by See Centers for Medicare & Medicaid Services California Independent System Operator Corp. and See Community Living Administration California Power Exchange, et al., 46234 See Food and Drug Administration Hydroelectric Applications: See National Institutes of Health Village of Lyndonville Electric Dept., 46235–46236 PROPOSED RULES Initial Market-Based Rate Filings Including Requests for Administrative Simplification: Blanket Section 204 Authorizations: Certification of Compliance for Health Plans; Withdrawal, EGP Stillwater Solar PV II, LLC, 46232–46233 46182 Estill Solar I, LLC, 46230 NOTICES Preliminary Permit Applications: Findings of Research Misconduct, 46251–46252 Watterra Energy, LLC, 46233 Homeland Security Department Federal Highway Administration See Coast Guard NOTICES NOTICES Final Federal Agency Actions on Proposed Transportation Waivers of Compliance With Navigation Laws: Projects in Florida, 46345–46346 Hurricane Maria, 46254 Federal Reserve System NOTICES Housing and Urban Development Department Formations of, Acquisitions by, and Mergers of Bank NOTICES Holding Companies, 46238 Announcement of Funding Awards, 46255–46280 Federal Trade Commission Interior Department NOTICES See Fish and Wildlife Service Proposed Consent Agreements: See Land Management Bureau Abbott Laboratories and Alere Inc.; Analysis To Aid See National Park Service Public Comment, 46241–46243 See Reclamation Bureau Integra LifeSciences Holdings Corp. and Johnson and Johnson; Analysis To Aid Public Comment, 46238– Internal Revenue Service 46241 NOTICES Moonlight Slumber, LLC; Analysis To Aid Public Agency Information Collection Activities; Proposals, Comment, 46243–46245 Submissions, and Approvals, 46349–46350

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International Trade Administration National Credit Union Administration NOTICES PROPOSED RULES Antidumping or Countervailing Duty Investigations, Orders, Accuracy of Advertising and Notice of Insured Status, or Reviews: 46173–46174 Carbon and Certain Alloy Steel Wire Rod From Mexico, NOTICES 46222–46223 Closing Temporary Corporate Credit Union Stabilization Certain Passenger Vehicle and Light Truck Tires From Fund and Setting Share Insurance Fund Normal the People’s Republic of China, 46219–46220 Operating Level, 46298–46309 Initiation of Five-Year (Sunset) Reviews, 46221–46222 Requests for Comments: Opportunity To Request Administrative Review, 46217– Draft 2018–2022 Strategic Plan, 46297–46298 46219 National Drug Control Policy Office International Trade Commission NOTICES NOTICES Meetings: Complaints: President’s Commission on Combating Drug Addiction Certain Insulated Beverage Containers, Components, and the Opioid Crisis, 46309–46310 Labels, and Packaging Materials Thereof, 46282– 46283 National Highway Traffic Safety Administration Certain Wafer-Level Packaging Semiconductor Devices NOTICES and Products Containing Same (Including Cellular Petitions for Decisions of Inconsequential Noncompliance: Phones, Tablets, Laptops, and Notebooks) and Gillig, LLC, 46346–46349 Components Thereof, 46283–46284 Investigations; Determinations, Modifications, and Rulings, National Institutes of Health etc.: Polytetrafluoroethylene Resin From China and India, NOTICES 46284–46285 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46253–46254 Judicial Conference of the United States Meetings: NOTICES National Human Genome Research Institute, 46252 Meetings: National Institute of Allergy and Infectious Diseases, Advisory Committee on Federal Rules of Evidence; 46253 Cancellation, 46285 National Institute on Drug Abuse, 46252–46253

Justice Department National Oceanic and Atmospheric Administration See Alcohol, Tobacco, Firearms, and Explosives Bureau RULES See Federal Bureau of Investigation Authorization of Revised Reporting Requirements Due to NOTICES Catastrophic Conditions for Federal Seafood Dealers Proposed Consent Decrees: and Individual Fishing Quota Dealers in Portions of CERCLA, 46286–46287 Florida, 46170–46171 Clean Water Act, 46287 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in Bering Sea Subarea of Bering Sea Labor Department and Aleutian Islands Management Area, 46171– NOTICES 46172 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Fisheries of the Caribbean, Gulf of Mexico, and South Delinquent Filer Voluntary Compliance Program, 46288 Atlantic: Mine Accident, Injury, and Illness Report and Quarterly Shrimp Fishery of Gulf of Mexico; Amendment 17B, Mine Employment and Coal Production Report, 46205–46209 46288–46289 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Commercial Land Management Bureau Management Measures, 46209–46210 NOTICES NOTICES Records of Decisions: International Trade Data System Test Concerning Electronic Bull Mountain Unit Master Development Plan, Gunnison Submission of Certain Data Required for Seafood County, CO, 46280–46281 Import Monitoring Program, 46224–46225 Millennium Challenge Corporation NOTICES National Park Service Reports to Congress: NOTICES Criteria and Methodology for Determining Eligibility of National Register of Historic Places: Candidate Countries for Millennium Challenge Pending Nominations and Related Actions, 46281 Account Assistance in Fiscal Year 2018, 46289– 46297 Nuclear Regulatory Commission NOTICES National Aeronautics and Space Administration Availability of Revised NRC Form 3, ‘‘Notice to NOTICES Employees’’, 46310–46311 Meetings: License Renewals: Advisory Council; Science Committee; Ad Hoc Task STP Nuclear Operating Co.; South Texas Project, Units 1 Force on Big Data, 46297 and 2, 46311

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Meetings: Social Security Administration Advisory Committee on Reactor Safeguards; Procedures NOTICES for Meetings, 46312–46313 Rulings: Titles II and XVI: Responsibility for Developing Written Evidence, 46339–46341 Postal Service NOTICES State Department Product Changes: NOTICES Priority Mail and First-Class Package Service Negotiated Culturally Significant Objects Imported for Exhibition: Service Agreement, 46313 Exhibition of Paintings by Women Artists in Paris Priority Mail Negotiated Service Agreement, 46313 Between 1850 and 1900, 46341–46342 Francois Morellet Exhibition, 46343 Presidential Documents Veronese in Murano: Two Venetian Renaissance PROCLAMATIONS Masterpieces Restored Exhibition, 46342 Special Observances: Delegations of Authority: Child Health Day (Proc. 9650), 46361–46362 Membership on Presidential Task Force on Wildlife Trafficking, 46343 National Breast Cancer Awareness Month (Proc. 9647), Nuclear Non-Proliferation Act and Atomic Energy Act, 46355–46356 46342 National Cybersecurity Awareness Month (Proc. 9648), Fiscal Year 2016 Service Contract Inventory, 46342 46357–46358 National Disability Employment Awareness Month (Proc. Surface Transportation Board 9646), 46351–46354 NOTICES National Domestic Violence Awareness Month (Proc. Productivity Adjustments: 9649), 46359–46360 EXECUTIVE ORDERS Railroad Cost Recovery Procedures, 46343 Committees; Establishment, Renewal, Termination, etc.: Susquehanna River Basin Commission Federal Advisory Committees; Continuance (EO 13811), 46363–46365 NOTICES Labor-Management Forums; Revocation of Executive Order Meetings: To Create (EO 13812), 46367–46368 Public Hearing, 46343–46344 Transportation Department Reclamation Bureau See Federal Aviation Administration NOTICES See Federal Highway Administration Meetings: See National Highway Traffic Safety Administration Yakima River Basin Conservation Advisory Group, 46281–46282 Treasury Department See Internal Revenue Service Securities and Exchange Commission NOTICES Separate Parts In This Issue Applications: National Securities Clearing Corp., 46329–46332 Part II Exemptions for Individuals and Entitites Affected by Presidential Documents, 46351–46365, 46367–46368 Hurricanes Harvey, Irma and Maria, 46335–46338 Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 46323–46325 Bats EDGA Exchange, Inc., 46317–46319 Reader Aids Depository Trust Co.; National Securities Clearing Corp.; Consult the Reader Aids section at the end of this issue for Fixed Income Clearing Corp., 46332–46335 phone numbers, online resources, finding aids, and notice Miami International Securities Exchange, LLC, 46315– of recently enacted public laws. 46317 To subscribe to the Federal Register Table of Contents Nasdaq GEMX, LLC, 46313–46314 electronic mailing list, go to https://public.govdelivery.com/ NASDAQ PHLX, LLC, 46319–46323 accounts/USGPOOFR/subscriber/new, enter your e-mail NYSE American, LLC, 46325–46329 address, then follow the instructions to join, leave, or NYSE Arca, Inc., 46315, 46338–46339 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9646...... 46353 9647...... 46355 9648...... 46357 9649...... 46359 9650...... 46361 Executive Orders: 13522 (Revoked by EO 13812)...... 46367 13708 (Superseded by EO 13811)...... 46363 13805 (Revoked by EO 13811)...... 46363 13811...... 46363 13812...... 46367 12 CFR Proposed Rules: 740...... 46173 14 CFR 36...... 46123 91...... 46123 33 CFR 165...... 46132 40 CFR 52 (2 documents) ...... 46134, 46136 Proposed Rules: 80...... 46174 42 CFR 405...... 46138 409...... 46163 411...... 46163 412...... 46138 413 (2 documents) ...... 46138, 46163 414...... 46138 416...... 46138 424...... 46163 486...... 46138 488 (2 documents) ...... 46138, 46163 489...... 46138 495...... 46138 Proposed Rules: 416...... 46181 418...... 46181 424...... 46181 482...... 46181 483...... 46181 485...... 46181 511...... 46182 45 CFR Proposed Rules: 160...... 46182 162...... 46182 50 CFR 622...... 46170 679...... 46171 Proposed Rules: 17 (2 documents) ...... 46183, 46197 622...... 46205 660...... 46209

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Rules and Regulations Federal Register Vol. 82, No. 191

Wednesday, October 4, 2017

This section of the FEDERAL REGISTER telephone (202) 267–7703; email MTOW of less than 121,254 pounds contains regulatory documents having general [email protected]. (MTOM less than 55,000 kg) on or after applicability and legal effect, most of which SUPPLEMENTARY INFORMATION: December 31, 2020. This change reduces are keyed to and codified in the Code of the noise that may be produced by Federal Regulations, which is published under Authority for This Rulemaking newly certificated airplanes and 50 titles pursuant to 44 U.S.C. 1510. The FAA’s authority to issue rules on harmonizes the noise certification The Code of Federal Regulations is sold by aviation safety is found in title 49 of the standards for airplanes certificated in the Superintendent of Documents. United States Code. Subtitle I, Section the United States with the standard 106 describes the authority of the FAA adopted by the International Civil Administrator. Subtitle VII, Aviation Aviation Organization in Annex 16, DEPARTMENT OF TRANSPORTATION Programs, describes in more detail the Volume 1 Chapter 14, effective July 14, scope of the agency’s authority. 2014. Federal Aviation Administration This rulemaking is promulgated Much of the development of a Stage under the authority described in 5 noise standard took place in the 14 CFR Parts 36 and 91 Subtitle VII, Part A, Subpart III, Section international arena through ICAO. The [Docket No.: FAA–2015–3782; Amdt. Nos. 44715 Controlling aircraft noise and Committee on Aviation Environmental 36–31; 91–349] sonic boom. Under that section, the Protection (CAEP) is a technical FAA is charged with prescribing RIN 2120–AK52 committee of the ICAO Council. The regulations to measure and abate aircraft CAEP assists the Council specifically in Stage 5 Airplane Noise Standards noise. This regulation is within the formulating new policies and adopting scope of that authority since it would new standards for aircraft noise and AGENCY: Federal Aviation establish stricter noise limits for certain emissions, and more generally on Administration (FAA), DOT. newly certificated airplanes. Applicants matters of the environmental impacts of ACTION: Final rule. for type certificates and changes in type aviation. The development of ICAO design made after the dates in this standards follows a structured, SUMMARY: The FAA is adopting a new rulemaking will be required to comply transparent and multi-staged process noise standard for certain newly with the new regulation. involving a number of technical and certificated subsonic jet airplanes and I. Overview of Final Rule non-technical working groups. These subsonic transport category large working groups are either part of the airplanes. This noise standard, known This rulemaking adopts a new noise standard for newly certificated subsonic ICAO or closely associated with it. The as Stage 5, applies to any person activities of the CAEP working groups submitting an application for a new jet airplanes and subsonic transport category large airplanes. By lowering the are guided by the CAEP Steering Group airplane type design with a maximum as their oversight committee. certificated takeoff weight of 121,254 noise limit, this standard requires quieter designs and encourages The United States is an active member pounds (55,000 kg) or more on or after in CAEP, and has at least one member December 31, 2017; or with maximum manufacturers to adopt the latest available noise reduction technology on each of the five working groups of certificated takeoff weight of less than CAEP. These working groups are named 121,254 pounds (55,000 kg) on or after into their aircraft designs. This rulemaking adopts new noise for their focus areas: WG1 for Noise, December 31, 2020. This change will set WG2 for Airports and Operations, WG3 a lower noise limit for newly certification standards for airplanes certificated in the United States (known for Emissions, MDG for Modeling and certificated airplanes and harmonize the Databases, and FESG for Forecast noise certification standards for those as Stage 5) that are equivalent to the International Civil Aviation Economic Analysis Support. airplanes certificated in the United In 2010, the CAEP Working Group for States with those certificated under Organization (ICAO) Annex 16, Volume I standard known as Chapter 14. Noise (WG1) was tasked to develop international standards. options that would further reduce DATES: This rule is effective November II. Background permissible airplane noise levels. The 3, 2017. The incorporation by reference In a Notice of Proposed Rulemaking group met several times over the of certain publications listed in the rule (NPRM) titled Stage 5 Airplane Noise following two years. Representatives is approved by the Director of the Standards, the FAA proposed a new from WG3, the MDG, and the FESG Federal Register as of November 3, 2017. noise standard for certain aircraft to (81 participated in the WG1 meetings to ADDRESSES: For information on where to FR 1923, January 14, 2016). A brief become familiar with the noise obtain copies of rulemaking documents history of the FAA’s regulation of stringency options that would be and other information related to this aircraft noise since 1969 was presented considered when future noise standards final rule, see ‘‘How To Obtain in the preamble to that NPRM. were set, and to assist WG1 in setting up Additional Information’’ in the The new Stage 5 noise standard databases for comparing the options for SUPPLEMENTARY INFORMATION section of applies to any person submitting an costs and benefits. this document. application for a new airplane type In coordination with the other FOR FURTHER INFORMATION CONTACT: design that has a maximum certificated participating working groups, WG1 Mehmet Marsan, Office of Environment takeoff weight (MTOW) of 121,254 chose five options for reduced noise and Energy, AEE–100, Federal Aviation pounds (maximum certificated takeoff limits that were more stringent than Administration, 800 Independence mass (MTOM) 55,000 kg) or more on or Chapter 4. The group noted that the Avenue SW., Washington, DC 20591; after December 31, 2017; or that has a stringencies of earlier Chapter 2 and

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Chapter 3 standards could be described stringency options that were prepared Similar to Chapter 4 requirements, the as based on the ‘‘traditional’’ concept of by the working groups, as well as a noise margins for Chapter 14 are specified reductions at each noise parallel analysis of the same five calculated by subtracting the measured certification measurement point options prepared by the United States, noise levels at the three microphone (flyover, lateral, and approach). Chapter were presented at the ninth meeting of locations from the three corresponding 4, however, had adopted a ‘‘cumulative CAEP (CAEP9). After lengthy noise limits in Chapter 3. However, margin’’ concept under which reduction discussion, the CAEP9 agreed to an Chapter 14 includes a mandatory was expressed as a total and could be increase in stringency of 7 EPNdB 1 minimum reduction in the noise limits spread across the three measurement (cumulative) relative to Chapter 4 levels. applicable to subsonic jet airplanes with points as chosen by an applicant. The The new standard, known as Chapter MTOM less than 8,618 kg (MTOW 2 stringency options presented to CAEP 14, introduced a condition in addition 19,000 pounds). Figure 1 is a graphical for analysis continued to be based on to the cumulative stringency representation of the reduction of noise the ‘‘cumulative margin’’ concept of requirement, one that requires a margin limits at MTOM lower than 8,618 kg for Chapter 4. The options analyzed were of not less than 1.0 dB below Chapter each of the three measurement points. cumulatively 3, 5, 7, 9, and 11 decibels 3 3 limits at each certification point. lower than Chapter 4 levels. As the lead The figure includes the modified Chapter 3 noise limits that use the same technical working group, WG1 prepared 1 Effective Perceived Noise Level in decibels as the results for the 2014 CAEP meeting. described in ICAO Annex 16, Volume 1, Appendix gradient of the limit line at lower In reaching a recommendation for a new 2, Section 4 or section A36.4.1 of appendix A to masses as the higher masses, and part 36. transitions to a flat limit line for noise standard for subsonic jet and large 2 The ICAO publishes its aircraft noise standards transport airplanes, the CAEP in the Standards and Recommended Practices of airplanes with MTOM less than 2,000kg considered estimates of comprehensive Annex 16, Volume 1. Each new ICAO standard is (MTOW 4,409 pounds). This figure is costs and benefits associated with the published as a new chapter, and the chapter not included in the regulation since the number becomes the shorthand designation of the actual limits are calculated based on the five options. new stringency. In the United States, the adoption The activities of the working groups of a new standard in 14 CFR part 36 is identified MTOM of the aircraft at certification. were overseen by the CAEP Steering as the next ‘Stage’ number in sequence. Using this This figure is an illustration of how the Group. The Steering Group met in July system, the U.S. and ICAO stringency levels tracked noise limits compare for airplanes of each other numerically, e.g., Stage 3 was the 2012 to review the results of the equivalent of Chapter 3, and Stage 4 was the different weights under Chapter 14. analyses prepared by the working equivalent of Chapter 4. However, ICAO had groups in order to formulate specific already used Chapter 5 for a different standard, and minimum reduction at any of the measurement recommendations on the new standard, the next number available was Chapter 14. points; the gains could have been at one, two or all three points. Chapter 14 includes a minimum and on applicability options that were Accordingly, while these noise stringency standards are known as Chapter 14 by ICAO, they are being reduction of 1dB at each point (7dB overall), but forwarded to the full CAEP. adopted in the United States as Stage 5. since it was not a requirement in Chapter 4, the In February 2013, the comprehensive 3 As discussed, while Chapter 4 increased base level for decrease is referenced at Chapter 3 costs and benefits analyses for the five stringency, it did not contain a requirement for a levels.

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In March 2014, the 201st Session of and have not been proposed. The unnecessarily adding to the cost of noise the ICAO Council adopted the Chapter adoption of Stage 5 does not affect certification without any benefit. 14 noise standards for new airplane type either the operation of the current U.S. The proposed rule also included a designs. Chapter 14 will apply to new fleet or new type designs submitted change to appendix B to part 36, section type certificates for airplanes with an before the applicable compliance date B36.1(b), which allows the use of Annex MTOM of 55,000 kg (MTOW of 121,254 for Stage 5. 16 standards as an alternative for noise pounds) or more for which applications testing. The FAA found that the A. Summary of the NPRM are submitted on and after December 31, regulation adopted in 2005 2017. For airplanes with an MTOM of On January 14, 2016, the FAA inadvertently omitted the phrase ‘‘to less than 55,000 kg (MTOW less than proposed a new noise standard for paragraph (a) of this section’’ to 121,254 pounds) the limits apply to certain subsonic jet airplanes and designate what the Annex was an certification applications submitted on subsonic transport category large alternative to. This phrase is added into and after December 31, 2020. airplanes, to be known as Stage 5. As section B36.1(b) in this rule so that It was noted in the NPRM, and proposed, the new certification standard paragraph (b) and the new paragraph (c) restated for emphasis here, that the would apply to any person submitting (the alternative for Stage 5) will read the adoption of the Stage 5 noise standard an application for a new airplane type same. for new airplane type designs does not design that has an MTOW of 121,254 The NPRM invited interested persons signal the start of any action by the FAA pounds (MTOM 55,000 kg) or more on to participate in the rulemaking by to change the current operational noise and after December 31, 2017; or with an submitting written comments, data, or limits for any aircraft in the United MTOW of less than 121,254 pounds views. It also invited comments relating States. The current U.S. operating rules (MTOM 55,000 kg) on and after to the economic, environmental, energy, require that jet aircraft meet at least December 31, 2020. The change is or federalism impacts that might result Stage 3 noise limits (see 14 CFR 91.853 intended to reduce the noise produced from adopting the proposals in the and 91.881). The current noise limit by new airplanes and harmonize the NPRM. applicable to new type designs is Stage noise certification standards for those 4 (see § 36.103(c)). The adoption of the airplanes certificated in the United B. Response to Comments Stage 5 noise standard for new airplane States with the new Chapter 14 ICAO The FAA received seven comments in type designs does not affect either of noise standard that was effective July response to the NPRM. Two these requirements. Changes to the 14, 2014. Failure to harmonize the commenters supported the rule as noise operating rules in the United standards could result in a certification proposed, four suggested changes to the States would be subject to full notice applicant having to show compliance rule, and one identified a typographical and comment rulemaking procedures, with two different standards, error in the NPRM.

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The Boeing Company and Airlines for Congressional direction, is a significant changes to the IBR section of part 36 as America (A4A), an association of U.S. undertaking affecting a different discussed in the following section, no air carriers, supported all aspects of the segment of the aviation industry. The changes have been made to the final proposal, with A4A including extensive ANCA phaseout had no effect on the rule based on this comment. Persons comments supporting the process of noise certification basis of airplanes— interested in how IBR works can learn working with ICAO in setting noise Stage 3 had been adopted as the noise more by consulting the Office of the standards. certification standard effective in 1975 Federal Register’s handbook that Two organizations, the Los Angeles (see § 36.106(b)) and was the standard explains the process at https:// International Airport/Community included by Congress in the 1990 www.archives.gov/federal-register/write/ Roundtable (Roundtable) and the City of statute. The comments suggesting a new handbook. Culver City, California requested that phaseout of Stage 3 jets did not address The third suggestion by the individual the FAA include a phaseout of existing the significant differences between commenter is to remove the proposed Stage 3 airplanes as part of the adoption certification changes and operational requirement in § 36.106 to include a of the new Stage 5 noise standards. The restrictions, the length of time any Chapter 14 equivalency statement in an Roundtable is a voluntary organization suggested phaseout should take, nor did Airplane Flight Manual (AFM). The with members from civil associations they present any indication of the comment did not include any and government that work to identify significant costs and benefits that would justification for this suggested change, and mitigate noise issues that affect the necessarily form the basis of such an nor state any reason it is inappropriate residential communities surrounding action. The proposed Stage 5 rule does or ineffective in U.S. regulations. Los Angeles International Airport not provide any basis to attach an Starting with Stage 4, the equivalency (LAX). Culver City is a municipality in operational restriction, and none is statement became standard in the AFM close proximity to LAX. included in the final rule. pages. Over the years, noise-related Culver City considered the lack of a An individual commenter suggested information in the AFM (including the phaseout for Stage 3 airplanes a notable five changes to the proposed rule. First, equivalency statements and other omission from the NPRM, stating that the commenter suggested that section supporting documents) developed into the Airport Noise and Capacity Act of B36.6 of appendix B to part 36 specify an effective resource in demonstrating 1990 (ANCA) mandated the that noise tradeoffs are available only certificated noise levels of a U.S. implementation of Stage 3 technology for Stage 1, 2 and 3 airplanes. The FAA registered aircraft operating outside the by the end of 1999 along with the phase- disagrees in part. For a Stage 1 airplane, United States. The FAA plans to keep out of all Stage 2 aircraft over 75,000 tradeoffs would be available only after the equivalency statements for both pounds. Culver City requested that the recertification to Stage 2 (or higher) Stage 4 and 5. No change was made FAA promulgate a staged phaseout of noise levels; there were no noise levels based on this comment. Stage 3 aircraft beginning established for Stage 1 airplanes from For reasons unrelated to this contemporaneously with the which there could be tradeoffs. While comment, we are amending § 36.105 to implementation of Stage 5 regulations. the FAA agrees that the notation might remove the reference to an IBR at the The Roundtable requested the same be a helpful clarification for Stage 2 and end of the paragraph. The required action as Culver City, stating that a 3 airplanes, the suggestion is outside the language for the flight manual, indicated phaseout would reduce aircraft noise in scope of the changes proposed in the by quotes in the rule, is not itself an a shorter time frame. NPRM. The FAA will keep note of the IBR. The FAA considers the requests to comment as a suggested change for any The fourth and fifth comments by the initiate a phaseout of Stage 3 jet aircraft future cleanup rule for part 36. individual commenter requested to be beyond the scope of the proposed The second suggestion, which was changes to § 36.6, the IBR section for rule. The NPRM indicated that the also made by an anonymous part 36 for matters of ‘‘presentation’’ proposed certification action was not to commenter, stated that regardless of the and identification of ICAO Annex 16. be considered a harbinger of a new applicable noise stringency level, part The FAA is adopting a change to the operational standard. The previous 36 should specify the latest versions of format of § 36.6 as required by the Office eliminations of Stage 2 jet operations in referenced documents instead of one or of the Federal Register to update its use the contiguous United States were more earlier versions. as a centralized IBR section. As adopted, required under two separate statutory The FAA disagrees. There are legal the content of the IBR paragraph, provisions by Congress. For larger jets, requirements attached to the use of non- including the order of the material as the phaseout and ultimate prohibition FAA standards such as ICAO Annex 16. stated, complies with the publication on operation were mandated in ANCA. These requirements for Incorporation by requirements of the Office of the Federal For jets under 75,000 pounds, Congress Reference (IBR) allow for a specific Register. The FAA anticipates that the mandated a cessation of operations as of document to be incorporated, and it required update of the section will January 1, 2015; that statutory ban did must be submitted at the time IBR is address the commenters concerns. not include a phaseout nor did it require requested. It must be identifiable, dated, An anonymous commenter noted that any action by the FAA other than to and meet a certain level of availability. the Web site address given for the enforce the operational prohibition. The This ensures that a standard can be availability of ICAO documents no NPRM noted for this rule that the referenced as complete at the time a longer works. The FAA will replace the proposal was limited to the adoption of regulation is adopted. The IBR rules of Web site address in the final rule. The a Stage 5 certification standard, in part the Office of the Federal Register do not updated address for the ICAO Web site to harmonize domestic U.S. certification allow for a nebulous ‘‘current version’’ is: http://www.icao.int/publications/ standards with those of ICAO. These to be referenced, since it would then Pages/default.aspx. certification actions are sequential, depend on the time a person read a The same anonymous commenter reflect advances in technology, and regulation and would present a shifting asked why Chapter 4 and Stage 4 (or serve to prevent backsliding by requirement. Changes to standards Chapter 14 and Stage 5) do not have the manufacturers. An operational based on incorporated documents, such same definitions in part 91, suggesting phaseout, such as the one that took as a later version, can only be made by that they should all be referenced ‘‘as place in the 1990’s following rulemaking. While this final rule makes described in part 36 of this chapter.’’

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The U.S. regulations cannot be used Aviation Organization (ICAO) Annex a statement to that effect and the basis to determine what Chapter 4 or Chapter 16, Volume 1, Aircraft Noise, Seventh for it being included in the preamble if 14 contains or requires. Since the Edition, July 2014, Amendment 11–B, a full regulatory evaluation of the costs standards are incorporated by reference, applicable January 1, 2015. These and benefits is not prepared. Such a their definitions necessarily cite back to standards are incorporated into § 36.6, determination has been made for this the official source in ICAO Annex 16. and are referenced in various sections as final rule. The reasoning for that that Further, the FAA is not authorized to noted in the amendments. As explained determination follows. make findings of legal compliance to in this document, these standards were Based on the requirements in Chapter 4 or Chapter 14; it only developed by the ICAO with the Executive Order (EO) 13771, the FAA certificates aircraft to Stage 4 or 5 (for participation of the United States. has completed a further analysis of this example). This has led to the IBR Airplanes that meet Stage 5 noise rule and determined that this action is references and eventually to the standards in the United States are expected to be an EO 13771 equivalency statements in AFMs since considered equivalent of airplanes that deregulatory action as it will result in the U.S. does not make findings under meet the Chapter 14 standards. cost-savings. Without this rule, the ICAO standards. These equivalency The incorporated document is industry will have to show compliance statements are meant to assist operators available for purchase through the ICAO with two different noise standards—one of U.S.-certificated aircraft when they Web site: http://www.icao.int/ in the United States and the other in operate in ICAO countries and need to publications/Pages/default.aspx. EASA. This double noise certification show the noise compliance of their Contact information for ICAO is also standard will require revising type aircraft. available on that Web site. The certification records, aircraft flight However, we did find that the document may be inspected at FAA manuals, airline operational addition of the definition of Chapter 14 Headquarters, Office of Environment specifications that will generate to part 91 is not necessary since part 91 and Energy. Please contact the person unnecessary costs for both industry and is limited to domestic operating rules listed in FOR FURTHER INFORMATION the FAA. and references aircraft by stage. CONTACT in this document. This final rule will establish a new Accordingly, we are adding that Stage 5 noise standard for subsonic jet definition only to part 36. IV. Regulatory Notices and Analyses airplanes and subsonic transport Other than the corrections noted, no A. Regulatory Evaluation category large airplanes. The final noise changes are being made in this final rule Changes to Federal regulations must standard will apply to new type designs based on the comments received. The undergo several economic analyses. for applications made on or after rule is adopted as proposed. First, Executive Order 12866 and December 31, 2017, for airplanes with C. Changes From the NPRM Executive Order 13563 direct that each an MTOW of 121,254 pounds (MTOM of 55,000 kilograms) or more; and after The FAA was notified by the Office of Federal agency shall propose or adopt a regulation only upon a reasoned December 31, 2020, for airplanes with the Federal Register that the centralized an MTOW of less than 121,254 pounds IBR section for part 36 (§ 36.6) needed determination that the benefits of the intended regulation justify its costs. (MTOM 55,000 kilograms). to be updated to the new format The final noise standard will provide Second, the Regulatory Flexibility Act published in 2016. Accordingly, this more stringent noise certification of 1980 (Pub. L. 96–354) requires final rule includes format changes to standards for Stage 5 airplanes agencies to analyze the economic § 36.6 and to various sections of part 36 certificated in the United States and will impact of regulatory changes on small and its appendices that reference be consistent with those for airplanes entities. Third, the Trade Agreements incorporated documents. In no case is certificated under the new ICAO Annex Act (Pub. L. 96–39) (Trade Act) the content or intent of any regulation 16 Chapter 14 noise standards. prohibits agencies from setting to be considered changed by this Documents describing the development standards that create unnecessary reformatting. Any changes to the of the new ICAO rule in more detail, obstacles to the foreign commerce of the substantive effect of any rule would be including cost analyses used by ICAO, United States. In developing U.S. preceded by full notice and comment are available in the docket. These standards, the Trade Act requires rulemaking. documents include: In revising § 36.6 we discovered agencies to consider international materials that are no longer referenced standards and, where appropriate, that 1. Cost-benefit Analysis of CAEP9 Noise Stringency Options, presented by U.S. in the regulations and have removed they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform CAEP Member, COMMITTEE ON them from that section. Within the text AVIATION ENVIRONMENTAL of regulations, we have reformatted the Act of 1995 (Pub. L. 104–4) requires PROTECTION (CAEP), NINTH identified documents, removed two IBR agencies to prepare a written assessment MEETING, Montreal, 4 to 15 February references that were incorrect, updated of the costs, benefits, and other effects 2013. Web site references where available and of proposed or final rules that include 2. Report of the Ninth Meeting, COMMITTEE corrected other minor formatting errors a Federal mandate likely to result in the ON AVIATION ENVIRONMENTAL discovered on review. expenditure by State, local, or tribal PROTECTION (CAEP), NINTH Also, as part of this review, the FAA governments, in the aggregate, or by the MEETING, Montreal, 4 to 15 February 2013. discovered that § 36.5 contained an private sector, of $100 million or more outdated reference to statutory annually (adjusted for inflation with the Several airplanes currently in authority. That section is amended to base year of 1995). production that have an MTOW of more replace the old citation to the authority Department of Transportation Order than 121,254 pounds already meet the with the current one. DOT 2100.5 prescribes policies and final Stage 5 noise limits. These procedures for simplification, analysis, airplanes include the Airbus models A– D. Incorporation by Reference and review of regulations. If the 380 and A–350, and Boeing models This final rule incorporates by expected impact is so minimal that a 747–8 and 787. The FAA received a reference the aircraft noise standards for proposed or final rule does not warrant comment from Boeing supporting the Chapter 14 of the International Civil a full evaluation, this order permits that proposed rule.

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The applicability date of December the agency determines that it will, the international standards and, where 31, 2020, for airplanes with an MTOW agency must prepare a regulatory appropriate, that they be the basis for of less than 121,254 pounds (MTOM flexibility analysis as described in the U.S. standards. 55,000 kg) was adopted by the ICAO to RFA. However, if an agency determines The FAA has assessed the potential accommodate the requests of the that a rule is not expected to have a effect of this final rule and determined manufacturers of lighter jet and significant economic impact on a that it will reduce impediments to propeller-driven airplanes for more time substantial number of small entities, international trade by aligning United to meet the new requirements. For many section 605(b) of the RFA provides that States standards with ICAO standards. of the proposed airplane programs the head of the agency may so certify D. Unfunded Mandates Assessment announced prior to CAEP9 (2013), and a regulatory flexibility analysis is analysis shows that such airplanes will not required. The certification must Title II of the Unfunded Mandates be able to meet the proposed Stage 5 include a statement providing the Reform Act of 1995 (Pub. L. 104–4) standard without any additional cost. factual basis for this determination, and requires each Federal agency to prepare Technological advances that decrease the reasoning should be clear. a written statement assessing the effects noise are already being adopted on In either 2017 or 2020, depending on of any Federal mandate in a proposed or airplanes in the lower weight class, the maximum certificated takeoff weight final agency rule that may result in an including the geared turbofan engine of the airplane, when the more stringent expenditure of $100 million or more (in and quieter control surfaces. These noise certification requirements in this 1995 dollars) in any one year by State, technological advances support the FAA final rule become effective, all new type local, and tribal governments, in the expectation that all manufacturers will design subsonic transport category jet aggregate, or by the private sector; such be able to meet the new standards after airplanes and transport category large a mandate is deemed to be a ‘‘significant the December 31, 2020, date. This airplanes will be required to meet the regulatory action.’’ The FAA currently expectation was crucial to the minimal Stage 5 noise limits. In the proposed uses an inflation-adjusted value of $155 cost determination in the proposed rule, rule, the FAA stated that all million in lieu of $100 million. and the FAA specifically requested manufacturers of subsonic transport For the reasons stated above regarding comments regarding whether existing category jet airplanes and transport the expected minimal cost of complying and expected technological category large airplanes would be able with these standards, this final rule does advancements would be sufficient to to meet the new noise standards at not contain such a mandate. Therefore, achieve compliance with the provisions minimal cost. The FAA invited industry the requirements of Title II of the Act do after December 31, 2020. The FAA comments on this determination and not apply. received no comments on these requested that all comments be regulatory estimates for any size accompanied with clear and detailed E. Paperwork Reduction Act airplanes. Accordingly, the FAA has supporting data. The FAA received no The Paperwork Reduction Act of 1995 determined that the final rule will have responses to this request for comments (44 U.S.C. 3507(d)) requires that the minimal cost and due to the reduced on this determination. Accordingly, the FAA consider the impact of paperwork requirements from a single accepted FAA has determined that this rule will and other information collection noise certification standard, rather than result in minimal cost. burdens imposed on the public. The two standards, this rule will lower If an agency determines that a more stringent noise requirements industry and government costs. As these rulemaking will not result in a adopted in this final rule will not cost savings are clearly evident, the cost significant economic impact on a require any new collection of estimate of these future actions is too substantial number of small entities, the information and none is associated with uncertain to provide quantified head of the agency may so certify under this final rule. The FAA has determined estimate. section 605(b) of the RFA. Therefore, as that there will be no new requirement provided in section 605 (b), the head of for information collection associated B. Final Regulatory Flexibility the FAA certifies that this rulemaking with this final rule. Determination will not result in a significant economic The Regulatory Flexibility Act of 1980 impact on a substantial number of small F. International Compatibility and (Pub. L. 96–354) (RFA) establishes ‘‘as a entities. Cooperation principle of regulatory issuance that In keeping with U.S. obligations C. International Trade Impact agencies shall endeavor, consistent with under the Convention on International Assessment the objective of the rule and of Civil Aviation, it is FAA policy to applicable statutes, to fit regulatory and The Trade Agreement Act of 1979 conform to International Civil Aviation informational requirements to the scale (Pub. L. 96–39), as amended by the Organization (ICAO) Standards and of the business, organizations, and Uruguay Round Agreements Act (Pub. Recommended Practices to the governmental jurisdictions subject to L. 103–465), prohibits Federal agencies maximum extent practicable. The FAA regulation.’’ To achieve this principle, from establishing standards or engaging has reviewed the corresponding ICAO agencies are required to solicit and in related activities that create Standards and Recommended Practices consider flexible regulatory proposals unnecessary obstacles to the foreign and has identified no differences with and to explain the rationale for their commerce of the United States. these regulations. actions to assure that such proposals are Pursuant to these Acts, the given serious consideration. The RFA establishment of standards is not G. Environmental Analysis covers a wide range of small entities, considered an unnecessary obstacle to FAA Order 1050.1F identifies FAA including small businesses, not-for- the foreign commerce of the United actions that are categorically excluded profit organizations and small States, so long as the standard has a from preparation of an environmental governmental jurisdictions. legitimate domestic objective, such as assessment or environmental impact Agencies must perform a review to the protection of safety, and does not statement under the National determine whether a rule will have a operate in a manner that excludes Environmental Policy Act in the significant economic impact on a imports that meet this objective. The absence of extraordinary circumstances. substantial number of small entities. If statute also requires consideration of The FAA has determined this

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rulemaking action qualifies for the VI. How To Obtain Additional The Amendment categorical exclusion identified in Information In consideration of the foregoing, the paragraph 5–6.6d of the Order and A. Rulemaking Documents Federal Aviation Administration involves no extraordinary amends chapter I of title 14, Code of circumstances. An electronic copy of a rulemaking Federal Regulations as follows: H. Regulations Affecting Intrastate document may be obtained by using the Aviation in Alaska Internet— PART 36—NOISE STANDARDS: 1. Search the Federal eRulemaking AIRCRAFT TYPE AND The agency did not receive any Portal (http://www.regulations.gov); AIRWORTHINESS CERTIFICATION comments, and has determined, based 2. Visit the FAA’s Regulations and on the administrative record of this ■ 1. The authority citation for part 36 Policies Web page at http:// rulemaking, that there is no need to _ continues to read as follows: make any regulatory distinctions www.faa.gov/regulations policies/ or 3. Access the Government Printing Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. applicable to intrastate aviation in 106(g), 40113, 44701–44702, 44704, 44715; Alaska. Office’s Web page at http:// sec. 305, Public Law 96–193, 94 Stat. 50, 57; www.gpo.gov/fdsys/. E.O. 11514, 35 FR 4247, 3 CFR, 1966–1970 V. Executive Order Determinations Copies may also be obtained by Comp., p. 902. A. Executive Order 13771, Reducing sending a request (identified by notice, ■ 2. Amend § 36.1 by adding paragraphs Regulation and Controlling Regulatory amendment, or docket number of this (f)(12) through (14) to read as follows: Costs rulemaking) to the Federal Aviation § 36.1 Applicability and definitions. Executive Order (EO) 13771 titled Administration, Office of Rulemaking, ‘‘Reducing Regulation and Controlling ARM–1, 800 Independence Avenue * * * * * Regulatory Costs,’’ directs that, unless SW., Washington, DC 20591, or by (f) * * * prohibited by law, whenever an calling (202) 267–9677. (12) A ‘‘Stage 5 noise level’’ means a noise level at or below the Stage 5 noise executive department or agency B. Comments Submitted to the Docket publicly proposes for notice and limit prescribed in section B36.5(e) of comment or otherwise promulgates a Comments received may be viewed by appendix B to this part. (13) A ‘‘Stage 5 airplane’’ means an new regulation, it shall identify at least going to http://www.regulations.gov and airplane that has been shown under this two existing regulations to be repealed. following the online instructions to In addition, any new incremental costs search the docket number for this part not to exceed the Stage 5 noise associated with new regulations shall, to action. Anyone is able to search the limit prescribed in section B36.5(e) of the extent permitted by law, be offset by electronic form of all comments appendix B to this part. (14) A ‘‘Chapter 14 noise level’’ means the elimination of existing costs. Only received into any of the FAA’s dockets a noise level at or below the Chapter 14 those rules deemed significant under by the name of the individual maximum noise level prescribed in section 3(f) of Executive Order 12866, submitting the comment (or signing the Chapter 14 of the ICAO Annex 16, ‘‘Regulatory Planning and Review,’’ are comment, if submitted on behalf of an Volume 1, Seventh Edition, Amendment subject to these requirements. association, business, labor union, etc.). This rule is expected to be an EO 11–B (Incorporated by reference, see C. Small Business Regulatory § 36.6). 13771 deregulatory action. Details on Enforcement Fairness Act the estimated costs savings of this rule * * * * * The Small Business Regulatory can be found in the rule’s economic § 36.5 [Amended] analysis. Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with ■ 3. Amend § 36.5 by removing ‘‘49 B. Executive Order 13132, Federalism small entity requests for information or U.S.C. 1431 (b)(4)’’ and adding ‘‘49 The FAA has analyzed this final rule advice about compliance with statutes U.S.C. 44715’’ in its place. under the principles and criteria of and regulations within its jurisdiction. ■ 4. Revise § 36.6 to read as follows: Executive Order 13132, Federalism. The A small entity with questions regarding agency determined that this action will this document, may contact its local § 36.6 Incorporation by reference. not have a substantial direct effect on FAA official, or the person listed under (a) Certain material is incorporated by the States, or the relationship between the FOR FURTHER INFORMATION CONTACT reference into this part with the the Federal Government and the States, heading at the beginning of the approval of the Director of the Federal or on the distribution of power and preamble. To find out more about Register under 5 U.S.C. 552(a) and 1 responsibilities among the various SBREFA on the Internet, visit http:// CFR part 51. All approved material is levels of government, and, therefore, www.faa.gov/regulations_policies/ available for inspection at the locations does not have Federalism implications. rulemaking/sbre_act/. in this paragraph (a) and may be obtained from the sources detailed in C. Executive Order 13211, Regulations List of Subjects That Significantly Affect Energy Supply, paragraphs (a)(1) through (12) of this Distribution, or Use 14 CFR Part 36 section. (1) The U.S. Department of The FAA analyzed this final rule Aircraft, Aviation safety, Transportation, Docket Operations, under Executive Order 13211, Actions Incorporation by reference, Life-limited West Building Ground Floor, Room Concerning Regulations that parts, Reporting and recordkeeping W12–140, 1200 New Jersey Avenue SE., Significantly Affect Energy Supply, requirements. Washington, DC 20590. Distribution, or Use (May 18, 2001). The 14 CFR Part 91 (2) Federal Aviation Administration agency has determined that it is not a New England Regional Headquarters, 12 ‘‘significant energy action’’ under the Aircraft, Aviation safety, New England Executive Park, executive order and it is not likely to Incorporation by reference, Life-limited Burlington, MA 01801. have a significant adverse effect on the parts, Reporting and recordkeeping (3) Federal Aviation Administration supply, distribution, or use of energy. requirements. Eastern Region Headquarters, Federal

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Building, John F. Kennedy International (1) Publication No. 179, Precision (2) If an airplane is a Stage 4 airplane Airport, Jamaica, NY 11430. Level Sound Meters, (IEC 179) 1973, IBR prior to a change in type design, and (4) Federal Aviation Administration approved for appendix F to part 36. becomes a Stage 5 airplane after the Southern Region Headquarters, 1701 (2) Publication No. 561, Electro- change in type design, the airplane must Columbia Avenue, College Park, GA acoustical Measuring Equipment for remain a Stage 5 airplane. 30337. Aircraft Noise Certification, first edition, (g) Stage 5 airplanes. If an airplane is (5) Federal Aviation Administration 1976, (IEC 561), IBR approved for a Stage 5 airplane prior to a change in Great Lakes Region Headquarters, appendices G and J to part 36. type design, the airplane must remain a O’Hare Lake Office Center, 2300 East (3) Publication No. 651, Sound Level Stage 5 airplane after the change in type Devon Avenue, Des Plaines, IL 60018. Meters, first edition, 1979, (IEC 651), design. (6) Federal Aviation Administration IBR approved for appendices G and J to ■ 6. Amend § 36.103 by revising Central Region Headquarters, Federal part 36. Building, 601 East 12th Street, Kansas paragraph (c) and adding paragraphs (d) (4) Publication No. 804, Integrating- and (e) to read as follows: City, MO 64106. averaging Sound Level Meters, first (7) Federal Aviation Administration edition, 1985, (IEC 804), IBR approved § 36.103 Noise limits. Southwest Region Headquarters, 2601 for appendix J to part 36. * * * * * Meacham Boulevard, Fort Worth, TX (5) Publication No. 61094–3, (c) Type certification applications 76137. Measurement Microphones—Part 3: (8) Federal Aviation Administration between January 1, 2006, and the date Primary Method for Free-Field specified in paragraph (d) or (e) of this Northwest Mountain Region Calibration of Laboratory Standard Headquarters, 1601 Lind Avenue SW, section, as applicable for airplane Microphones by the Reciprocity weight. If application is made on or after Renton, WA 98055. Technique, edition 1.0, 1995 (IEC (9) Federal Aviation Administration January 1, 2006, and before the date 61094–3) IBR approved for appendix A specified in paragraph (d) or (e) of this Western Pacific Region Headquarters, to part 36. 15000 Aviation Boulevard, Hawthorne, section (as applicable for airplane (6) Publication No. 61094–4, weight), it must be shown that the noise CA 92007. Measurement Microphones—Part 4: (10) Federal Aviation Administration levels of the airplane are no greater than Specifications for Working Standard Alaskan Region Headquarters, 222 West the Stage 4 noise limit prescribed in Microphones, edition 1.0, 1995, (IEC 7th Avenue, #14, Anchorage, AK 99513. section B36.5(d) of appendix B of this 61094–4) IBR approved for appendix A (11) Federal Aviation Administration part. If an applicant chose to voluntarily to part 36. European Office Headquarters, 15 Rue certificate an airplane to Stage 4 prior to de la Loi, Third Floor, B–1040, Brussels, (7) Publication No. 61260, January 2006, then the requirements of Belgium. Electroacoustics-Octave-Band and § 36.7(f) apply to that airplane. (12) The National Archives and Fractional-Octave-Band Filters, edition (d) For airplanes with a maximum Records Administration (NARA). For 1.0, 1995, (IEC 61260), IBR approved for certificated takeoff weight of 121,254 information on the availability of this appendix A to part 36. pounds (55,000 kg) or more, type information at NARA, call 202–741– (8) Publication No, 60942, certification applications on or after 6030 or go to http://www.archives.gov/ Electroacoustics-Sound Calibrators, December 31, 2017. If application is federal_register/code_of_federal_ edition 2.0, 1997, (IEC 60942) IBR made on or after December 31, 2017, it regulations/ibr_locations.html. approved for appendix A to part 36. must be shown that the noise levels of (b) International Civil Aviation (d) Society of Automotive Engineers, the airplane are no greater than the Organization (ICAO), Document Sales Inc. (SAE), 400 Commonwealth Drive, Stage 5 noise limit prescribed in section Unit, 999 University Street, Montreal, Warrentown, PA 15096, http:// B36.5(e) of appendix B of this part. Prior Quebec, H3C 5H7, Canada. http:// www.sae.org/pubs/. to December 31, 2017, an applicant may www.icao.int/publications/Pages/ (1) ARP 866A, Standard Values at seek voluntary certification to Stage 5. If default.aspx. Atmospheric Absorption as a Function Stage 5 certification is chosen, the (1) International Standards and of Temperature and Humidity for use in requirements of § 36.7(g) will apply. Evaluating Aircraft Flyover Noise, Recommended Practices, Annex 16 to (e) For airplanes with a maximum March 15, 1975, IBR approved for the Convention on International Civil certificated take-off weight of less than appendix H to part 36. Aviation, Environmental Protection, 121,254 pounds (55,000 kg), type (2) [Reserved] Volume I, Aircraft Noise, Third Edition, certification applications on or after July 1993, Amendment 7 effective ■ 5. Amend § 36.7 by adding paragraph December 31, 2020. If application is March 21, 2002, IBR approved for (e)(5), revising paragraph (f), and adding made on or after December 31, 2020, it § 36.1(f), and appendices A and B to paragraph (g) to read as follows: must be shown that the noise levels of part 36. the airplane are no greater than the (2) International Standards and § 36.7 Acoustical change: Transport category large airplanes and jet airplanes. Stage 5 noise limit prescribed in section Recommended Practices, Annex 16 to B36.5(e) of appendix B of this part. Prior the Convention on International Civil * * * * * to December 31, 2020, an applicant may Aviation, Environmental Protection, (e) * * * seek voluntary certification to Stage 5. If Volume I, Aircraft Noise, Seventh (5) If an airplane is a Stage 3 airplane Stage 5 certification is chosen, the Edition, July 2014, Amendment 11–B, prior to a change in type design, and requirements of § 36.7(g) will apply. applicable January 1, 2015, IBR becomes a Stage 5 airplane after the approved for § 36.1(f) and appendices A change in type design, the airplane must § 36.105 [Amended] remain a Stage 5 airplane. and B to part 36. ■ 7. Amend § 36.105 by removing (c) International Electrotechnical (f) Stage 4 airplanes. (1) If an airplane ‘‘[Incorporated by reference, see Commission (IEC) 3 Rue de Varembe, is a Stage 4 airplane prior to a change § 36.6].’’ from the end of the paragraph. Case Postale 131, 1211 Geneva 20, in type design, the airplane must remain Switzerland, http://www.iec.ch/ a Stage 4 airplane after the change in ■ 8. Add § 36.106 to subpart B to read standardsdev/publications/?ref=menu. type design. as follows:

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§ 36.106 Flight Manual statement of filters, real time operation, level linearity, (b) The characteristics of the system must Chapter 14 noise level equivalency. and filter integrated response (effective comply with the recommendations in IEC For each airplane that meets the bandwidth). 179 (incorporated by reference, see § 36.6). requirements for Stage 5 certification, * * * * * * * * * * the Airplane Flight Manual or A36.3.8 Calibration Systems ■ 12. In appendix G, amend section operations manual must include the G36.105 by revising paragraphs (b), (c), following statement: ‘‘The following A36.3.8.1 The acoustical sensitivity of the measurement system must be determined and (e) to read as follows: noise levels comply with part 36, using a sound calibrator generating a known Appendix G to Part 36—Takeoff Noise appendix B, Stage 5 maximum noise sound pressure level at a known frequency. level requirements and were obtained Requirements for Propeller-Driven The minimum standard for the sound Small Airplane and Propeller-Driven by analysis of approved data from noise calibrator is the class 1L requirements of IEC tests conducted under the provisions of 60942 as amended (incorporated by Commuter Category Airplane part 36, Amendment [insert part 36 reference, see § 36.6). Certification Tests On or After December 22, 1988 amendment number to which the * * * * * airplane was certificated]. The noise * * * * * ■ 10. In appendix B: measurement and evaluation procedures Section G36.105 Sensing, Recording and ■ used to obtain these noise levels are a. Amend section B36.1 by revising Reproducing Equipment considered by the FAA to be equivalent paragraph (b) and adding paragraph (c); * * * * * and to the Chapter 14 noise levels required (b) The characteristics of the complete by the International Civil Aviation ■ b. Amend section B36.5 by adding system must comply with the requirements Organization (ICAO) in Annex 16, paragraph (e). in IEC 651 and IEC 561 (incorporated by Volume 1, Aircraft Noise, Seventh reference, see § 36.6). Sound level meters Edition, July 2014, Amendment 11–B, The revision and additions read as must comply with the requirements for Type applicable January 1, 2015.’’ follows: 1 sound level meters as specified in IEC 651. (c) The response of the complete system to ■ 9. Amend appendix A by revising Appendix B to Part 36—Noise Levels for Transport Category and Jet a sensibly plane progressive sinusoidal wave paragraph A36.1.4, adding paragraph of constant amplitude must be within the A36.1.5, and revising paragraphs Airplanes Under § 36.103 tolerance limits specified in IEC 651, over the A36.3.1.3. A36.3.7.3, and A36.3.8.1 to * * * * * frequency range 45 to 11,200 Hz. read as follows: Section B36.1 Noise Measurement and * * * * * Appendix A to Part 36—Aircraft Noise Evaluation (e) The output noise signal must be read through an ‘‘A’’ filter with dynamic Measurement and Evaluation Under * * * * * characteristics designated ‘‘slow’’ as defined § 36.101 (b) For Stage 4 airplanes, an acceptable in IEC 651. A graphic recorder, sound level * * * * * alternative to paragraph (a) of this section for meter, or digital equipment may be used. noise measurement and evaluation is Section A36.1 Introduction Appendix 2 to ICAO Annex 16, Volume I, * * * * * ■ * * * * * Amendment 7 (Incorporated by reference, see 13. In appendix H, amend section A36.1.4 For Stage 4 airplanes, an § 36.6). H36.113 by revising paragraph (b) to acceptable alternative for noise measurement (c) For Stage 5 airplanes, an acceptable read as follows: alternative to paragraph (a) of this section for and evaluation is Appendix 2 to ICAO Annex Appendix H to Part 36—Noise 16, Volume I, Amendment 7 (incorporated by noise measurement and evaluation is reference, see § 36.6). Appendix 2 to ICAO Annex 16, Volume 1, Requirements for Helicopters Under A36.1.5 For Stage 5 airplanes, an Amendment 11–B (Incorporated by reference, Subpart H see § 36.6). acceptable alternative for noise measurement * * * * * and evaluation is Appendix 2 to ICAO Annex * * * * * 16, Volume 1, Amendment 11–B Section H36.113 Atmospheric Attenuation Section B36.5 Maximum Noise Levels (incorporated by reference, see § 36.6). of Sound * * * * * * * * * * * * * * * (e) For any Stage 5 airplane, the flyover, (b) Attenuation rates. The procedure for Section A36.3 Measurement of Airplane lateral, and approach maximum noise levels determining the atmospheric attenuation Noise Received on the Ground are prescribed in Chapter 14, Paragraph 14.4, rates of sound with distance for each one- * * * * * Maximum Noise Levels of ICAO Annex 16, third octave bands must be determined in A36.3.1.3 Sound incidence angle means in Volume I, Amendment 11–B (Incorporated by accordance with SAE ARP 866A degrees, an angle between the principal axis reference, see § 36.6). (Incorporated by reference, see § 36.6). The of the microphone, as defined in IEC 61094– * * * * * atmospheric attenuation equations are 3 and IEC 61094–4, as amended and a line provided in both the International and ■ from the sound source to the center of the 11. In appendix F, amend section English systems of units in section A36.7 of diaphragm of the microphone (incorporated F36.105 by revising paragraph (b) to appendix A to this part. by reference, see § 36.6). read as follows: * * * * * * * * * * Appendix F to Part 36—Flyover Noise ■ 14. In appendix J, amend section A36.3.7.3 The minimum standard for the Requirements for Propeller-Driven J36.109 by revising paragraphs (d)(1)(i) one-third octave band analysis system is the Small Airplane and Propeller-Driven through (iv) and by adding reserved class 2 electrical performance requirements of IEC 61260 as amended, over the range of Commuter Category Airplane paragraph (d)(2) to read as follows: Certification Tests Prior to December one-third octave nominal midband Appendix J to Part 36—Alternative 22, 1988 frequencies from 50 Hz through 10 kHz Noise Certification Procedure for inclusive (incorporated by reference, see * * * * * Helicopters Under Subpart H Having a § 36.6). Section F36.105 Sensing, Recording and Maximum Certificated Takeoff Weight Note: IEC 61260 specifies procedures for of Not More Than 7,000 Pounds testing of one-third octave band analysis Reproducing Equipment systems for relative attenuation, anti-aliasing * * * * * * * * * *

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Section J36.109 Measurement of Helicopter § 91.853 Final compliance: Civil subsonic Issued under authority of 49 U.S.C. 106(f), Noise Received on the Ground airplanes. 44701(a), and 44715 in Washington, DC, on September 11, 2017. * * * * * Except as provided in § 91.873, after (d) * * * December 31, 1999, no person shall Michael P. Huerta, (1) * * * operate to or from any airport in the Administrator. (i) The SEL values from each flyover test [FR Doc. 2017–21092 Filed 10–3–17; 8:45 am] may be directly determined from an contiguous United States any airplane integrating sound level meter complying with subject to § 91.801(c), unless that BILLING CODE 4910–13–P the standards of IEC 804 (Incorporated by airplane has been shown to comply with reference, see § 36.6) for a Type 1 instrument Stage 3, Stage 4, or Stage 5 noise levels. set at ‘‘slow’’ response. ■ 18. Amend § 91.855 by revising DEPARTMENT OF HOMELAND (ii) The acoustic signal from the helicopter, SECURITY along with the calibration signals specified paragraph (a) to read as follows: under paragraph (e) of this section and the § 91.855 Entry and nonaddition rule. Coast Guard background noise signal required under paragraph (f) of this section, may be recorded * * * * * 33 CFR Part 165 on a magnetic tape recorder for subsequent (a) The airplane complies with Stage analysis for an integrating sound level meter 3, Stage 4, or Stage 5 noise levels. identified in paragraph (d)(1)(i) of this [Docket Number USCG–2017–0585] section. The record/playback system * * * * * RIN 1625–AA00 (including the audio tape) of the tape ■ 19. Amend § 91.858 by revising recorder must conform to the requirements paragraph (a)(2) to read as follows: prescribed in section A36.3.6 of appendix A Safety Zone; Upper Mississippi River, to this part. The tape recorder shall comply § 91.858 Special flight authorizations for Crystal City, MO with the specifications of IEC 561 non-revenue Stage 2 operations. AGENCY: Coast Guard, DHS. (Incorporated by reference, see § 36.6). (iii) The characteristics of the complete (a) * * * ACTION: Final rule. system shall comply with the (2) Obtain modifications to meet Stage recommendations given in IEC 651 3, Stage 4, or Stage 5 noise levels. SUMMARY: The Coast Guard is (Incorporated by reference, see § 36.6) with establishing a safety zone for all regard to the specifications concerning * * * * * navigable waters on the Upper microphone, amplifier, and indicating ■ 20. Revise § 91.859 to read as follows: Mississippi River between mile marker instrument characteristics. (MM) 147.5 and MM 148.5. This action (iv) The response of the complete system § 91.859 Modification to meet Stage 3, is necessary to provide for the safety of Stage 4, or Stage 5 noise levels. to a sensibly plane progressive wave of life, vessels and property on these constant amplitude shall lie within the tolerance limits specified in Table IV and For an airplane subject to § 91.801(c) navigable waters near Crystal City, MO Table V for Type 1 instruments in IEC 651 of this subpart and otherwise prohibited while construction work is completed for weighting curve ‘‘A’’ over the frequency from operation to or from an airport in on new power lines extending across range of 45 Hz to 11500 Hz. the contiguous United States by the river. Entry of vessels or persons (2) [Reserved] § 91.855, any person may apply for a into this safety zone is prohibited unless special flight authorization for that authorized by the Captain of the Port PART 91—GENERAL OPERATING AND airplane to operate in the contiguous Sector Upper Mississippi River (COTP) FLIGHT RULES United States for the purpose of or a designated representative. obtaining modifications to meet Stage 3, DATES: This rule is effective from 7:30 ■ 15. The authority citation for part 91 Stage 4, or Stage 5 noise levels. a.m. on October, 17, 2017 through 6:30 continues to read as follows: ■ 21. Revise § 91.881 to read as follows: p.m. on November 1, 2017. Authority: 49 U.S.C. 106(f), 106(g), 1155, ADDRESSES: To view documents 40103, 40113, 40120, 44101, 44111, 44701, § 91.881 Final compliance: Civil subsonic mentioned in this preamble as being 44704, 44709, 44711, 44712, 44715, 44716, jet airplanes weighing 75,000 pounds or 44717, 44722, 46306, 46315, 46316, 46504, less. available in the docket, go to http:// 46506–46507, 47122, 47508, 47528–47531, www.regulations.gov, type USCG–2017– 47534, articles 12 and 29 of the Convention Except as provided in § 91.883, after 0585 in the ‘‘SEARCH’’ box and click on International Civil Aviation (61 Stat. December 31, 2015, a person may not ‘‘SEARCH.’’ Click on Open Docket 1180), (126 Stat. 11). operate to or from an airport in the Folder on the line associated with this ■ 16. Amend § 91.851 by adding in contiguous United States a civil rule. alphabetical order definitions for the subsonic jet airplane subject to FOR FURTHER INFORMATION CONTACT: If terms ‘‘Stage 5 airplane’’ and ‘‘Stage 5 § 91.801(e) of this subpart that weighs you have questions on this rule, call or noise level’’ to read as follows: less than 75,000 pounds unless that email LCDR Sean Peterson, Chief of airplane has been shown to comply with Prevention, U.S. Coast Guard; telephone § 91.851 Definitions. Stage 3, Stage 4, or Stage 5 noise levels. 314–269–2332, email Sean.M.Peterson@ * * * * * ■ 22. Amend § 91.883 by revising uscg.mil. Stage 5 airplane means an airplane paragraph (a)(3) to read as follows: SUPPLEMENTARY INFORMATION: that has been shown not to exceed the Stage 5 noise limit prescribed in part 36 § 91.883 Special flight authorizations for I. Table of Abbreviations of this chapter. A Stage 5 airplane jet airplanes weighing 75,000 pounds or less. CFR Code of Federal Regulations complies with all of the noise operating COTP Captain of the Port Sector Upper rules of this part. (a) * * * Mississippi River Stage 5 noise level means a noise level (3) To obtain modifications to the DHS Department of Homeland Security at or below the Stage 5 noise limit FR Federal Register airplane to meet Stage 3, Stage 4, or NPRM Notice of proposed rulemaking prescribed in part 36 of this chapter. Stage 5 noise levels. § Section ■ 17. Revise § 91.853 to read as follows: * * * * * U.S.C. United States Code

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II. Background Information and V. Regulatory Analyses zone may be small entities, for the Regulatory History We developed this rule after reasons stated in section V.A. above, The Coast Guard preceded this final considering numerous statutes and this rule will not have a significant rule with a Notice of Proposed Executive Orders related to rulemaking. economic impact on any vessel owner Rulemaking (NPRM). The NPRM was Below we summarize our analyses or operator. Under section 213(a) of the Small published in the Federal Register on based on a number of these statutes and Business Regulatory Enforcement August 9, 2017, (82 FR 37182). There we Executive orders, and we discuss First Amendment rights of protestors. Fairness Act of 1996 (Pub. L. 104–121), stated why we issued the NPRM, and we want to assist small entities in invited comments on our proposed A. Regulatory Planning and Review understanding this rule. If the rule regulatory action related to work on would affect your small business, power lines extending over the Upper Executive Orders 12866 and 13563 direct agencies to assess the costs and organization, or governmental Mississippi River in Crystal City, MO. jurisdiction and you have questions The NPRM listed dates and times of benefits of available regulatory alternatives and, if regulation is concerning its provisions or options for enforcement of the safety zone. During compliance, please contact the person the comment period that ended necessary, to select regulatory approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION September 8, 2017, we received no CONTACT section. comments. Executive Order 13771 directs agencies to control regulatory costs through a Small businesses may send comments Under 5 U.S.C. 553(d)(3), the Coast on the actions of Federal employees Guard finds that good cause exists for budgeting process. This rule has not been designated a ‘‘significant who enforce, or otherwise determine making this rule effective less than 30 compliance with, Federal regulations to days after publication in the Federal regulatory action,’’ under Executive Order 12866. Accordingly, this rule has the Small Business and Agriculture Register. Delaying this rule would be not been reviewed by the Office of Regulatory Enforcement Ombudsman contrary to public interest in ensuring Management and Budget (OMB), and and the Regional Small Business the safety of spectators and vessels pursuant to OMB guidance it is exempt Regulatory Fairness Boards. The during the power line work because from the requirements of Executive Ombudsman evaluates these actions immediate action is necessary to Order 13771. annually and rates each agency’s prevent possible loss of life and This regulatory action determination responsiveness to small business. If you property. is based on the size, location, duration, wish to comment on actions by III. Legal Authority and Need for Rule and time-of-year of the safety zone. This employees of the Coast Guard, call 1– final rule establishes a safety zone will 888–REG–FAIR (1–888–734–3247). The The Coast Guard is issuing this rule only be enforced for a period of eleven Coast Guard will not retaliate against under authority in 33 U.S.C. 1231. The hours on each of sixteen days on one small entities that question or complain Captain of the Port Sector Upper mile of navigable waters. Entry into the about this rule or any policy or action Mississippi River (COTP) has safety zone established through this of the Coast Guard. determined that potential hazards rulemaking may be requested from the C. Collection of Information associated with power line work over COTP or a designated representative the Upper Mississippi River will cause and will be considered on a case-by- This rule will not call for a new safety concerns. The purpose of this rule case. During the enforcement period, collection of information under the is to ensure safety of life, vessels and the vessels are prohibited from entering into Paperwork Reduction Act of 1995 (44 navigable waters in the safety zones, or remaining within the safety zone U.S.C. 3501–3520). before, during, and after the scheduled unless specifically authorized by the work. D. Federalism and Indian Tribal COTP or other designated Governments IV. Discussion of the Comments, representative. Additionally, notice of A rule has implications for federalism Changes, and the Rule the safety zone or any changes in the planned schedule will be made via under Executive Order 13132, As noted above, during the comment Broadcast and Local Notice to Mariners. Federalism, if it has a substantial direct period for our NPRM that published effect on the States, on the relationship August 9, 2017, no comments were B. Impact on Small Entities between the national government and received. There are no changes in the The Regulatory Flexibility Act of the States, or on the distribution of regulatory text of this rule from the 1980, 5 U.S.C. 601–612, as amended, power and responsibilities among the proposed rule in the NPRM. requires Federal agencies to consider various levels of government. We have This rule establishes a safety zone the potential impact of regulations on analyzed this rule under that Order and from 7:30 a.m. on October 17, 2017 small entities during rulemaking. The have determined that it is consistent through 6:30 p.m. on November 1, 2017. term ‘‘small entities’’ comprises small with the fundamental federalism The safety zone will be enforced from businesses, not-for-profit organizations principles and preemption requirements 7:30 a.m. through 6:30 p.m. each day. that are independently owned and described in Executive Order 13132. The safety zone will cover all navigable operated and are not dominant in their Also, this rule does not have tribal waters between mile marker (MM) 147.5 fields, and governmental jurisdictions implications under Executive Order and MM 148.5 on the Upper Mississippi with populations of less than 50,000. 13175, Consultation and Coordination River in Crystal City, MO. The duration The Coast Guard received no comments with Indian Tribal Governments, of the zone is intended to ensure the from the Small Business Administration because it does not have a substantial safety of vessels and participants on the on this rulemaking. The Coast Guard direct effect on one or more Indian navigable waters before, during, and certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the after the power line construction work. rule will not have a significant Federal Government and Indian tribes, Entry of vessels or persons into this economic impact on a substantial or on the distribution of power and safety zone is prohibited without number of small entities. responsibilities between the Federal obtaining permission from the COTP or While some owners or operators of Government and Indian tribes. If you a designated representative. vessels intending to transit the safety believe this rule has implications for

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federalism or Indian tribes, please PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION contact the person listed in the FOR AREAS AND LIMITED ACCESS AREAS AGENCY FURTHER INFORMATION CONTACT section. ■ 40 CFR Part 52 E. Unfunded Mandates Reform Act 1. The authority citation for part 165 continues to read as follows: [EPA–R04–OAR–2017–0321; FRL–9968–72– The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Region 4] of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Federal agencies to assess the effects of Department of Homeland Security Delegation Air Plan Approval; North Carolina; their discretionary regulatory actions. In No. 0170.1. Interstate Transport particular, the Act addresses actions AGENCY: Environmental Protection ■ that may result in the expenditure by a 2. Add § 165.T08–0585 to read as Agency. State, local, or tribal government, in the follows: ACTION: Final rule. aggregate, or by the private sector of § 165.T08–0585 Safety Zone; Upper $100,000,000 (adjusted for inflation) or Mississippi River, Crystal City, MO. SUMMARY: The Environmental Protection more in any one year. Though this rule Agency (EPA) is approving North will not result in such an expenditure, (a) Location. The following area is a Carolina’s December 9, 2015, State we do discuss the effects of this rule safety zone: All navigable waters of the Implementation Plan (SIP) submission elsewhere in this preamble. Upper Mississippi River between mile pertaining to the Clean Air Act’s (CAA marker (MM) 147.5 and MM 148.5, or Act) ‘‘good neighbor’’ provision for F. Environment Crystal City, MO. the 2008 8-hour ozone National We have analyzed this rule under (b) Definitions. As used in this Ambient Air Quality Standards Department of Homeland Security section, a designated representative (NAAQS). The good neighbor provision Management Directive 023–01 and means a Coast Guard Patrol requires each state’s SIP to address the interstate transport of air pollution in Commandant Instruction M16475.lD, Commander, including a Coast Guard amounts that contribute significantly to which guide the Coast Guard in coxswain, petty officer, or other officer nonattainment, or interfere with operating a Coast Guard vessel and a complying with the National maintenance, of a NAAQS in any other Federal, State, and local officer Environmental Policy Act of 1969 (42 state. EPA concludes that North designated by or assisting the Captain of U.S.C. 4321–4370f), and have Carolina’s SIP contains adequate determined that this action is one of a the Port Sector Upper Mississippi River provisions to prohibit emissions within category of actions that do not (COTP) in the enforcement of the safety the state from contributing significantly individually or cumulatively have a zone. to nonattainment or interfering with significant effect on the human (c) Regulations. (1) Under the general maintenance of the 2008 8-hour ozone environment. This rule involves a safety safety zone regulations in § 165.23, you NAAQS in any other state. zone lasting for eleven hours on each of may not enter the safety zone described DATES: This rule will be effective sixteen days during daylight hours and in paragraph (a) of this section unless November 3, 2017. restricts transit on a section of the authorized by the COTP or a designated ADDRESSES: EPA has established a Upper Mississippi River extending one representative. docket for this action under Docket mile. It is categorically excluded from (2) To seek permission to enter, Identification No. EPA–R04–OAR– further review under paragraph 34(g) of contact the COTP or a designated 2017–0321. All documents in the docket Figure 2–1 of the Commandant representative via VHF–FM channel 16, are listed on the www.regulations.gov Instruction. A Record of Environmental or Coast Guard Sector Upper Web site. Although listed in the index, Consideration supporting this Mississippi River by telephone at 314– some information may not be publicly determination is available in the docket 269–2332. Those persons authorized to available, i.e., Confidential Business where indicated under ADDRESSES. be in the safety zone must comply with Information or other information whose disclosure is restricted by statute. G. Protest Activities all lawful orders or directions given to them by the COTP or a designated Certain other material, such as The Coast Guard respects the First representative. copyrighted material, is not placed on Amendment rights of protesters. the Internet and will be publicly (d) Effective period. This section will available only in hard copy form. Protesters are asked to contact the be effective from 7:30 a.m. through 6:30 person listed in the FOR FURTHER Publicly available docket materials are p.m. on October 17, 2017 through available either electronically through INFORMATION CONTACT section to November 1, 2017. coordinate protest activities so that your www.regulations.gov or in hard copy at (e) Informational broadcasts. The message can be received without the Air Regulatory Management Section, COTP or a designated representative Air Planning and Implementation jeopardizing the safety or security of will inform the public through Branch, Air, Pesticides and Toxics people, places or vessels. broadcast notices to mariners of the Management Division, U.S. List of Subjects in 33 CFR Part 165 enforcement period for the safety zone Environmental Protection Agency, as well as any changes in the dates and Region 4, 61 Forsyth Street SW., Harbors, Marine safety, Navigation times of enforcement. Atlanta, Georgia 30303–8960. EPA (water), Reporting and recordkeeping requests that if at all possible, you Dated: September 27, 2017. requirements, Security measures, contact the person listed in the FOR Waterways. Scott A. Stoermer, FURTHER INFORMATION CONTACT section to Captain, U.S. Coast Guard, Captain of the For the reasons discussed in the schedule your inspection. The Regional Port Upper Mississippi River. Office’s official hours of business are preamble, the Coast Guard amends 33 [FR Doc. 2017–21256 Filed 10–3–17; 8:45 am] Monday through Friday 8:30 a.m. to CFR part 165 as follows: BILLING CODE 9110–04–P 4:30 p.m., excluding federal holidays.

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FOR FURTHER INFORMATION CONTACT: available emissions and air quality • is certified as not having a Ashten Bailey, Air Regulatory modeling data, emissions activities significant economic impact on a Management Section, Air Planning and within North Carolina will not substantial number of small entities Implementation Branch, Air, Pesticides significantly contribute to under the Regulatory Flexibility Act (5 and Toxics Management Division, U.S. nonattainment or interfere with U.S.C. 601 et seq.); Environmental Protection Agency, maintenance of the 2008 8-hour ozone • does not contain any unfunded Region 4, 61 Forsyth Street SW., NAAQS in any other state. In a notice mandate or significantly or uniquely Atlanta, Georgia 30303–8960. Ms. Bailey of proposed rulemaking (NPRM) affect small governments, as described can also be reached via telephone at published on August 10, 2017 (82 FR in the Unfunded Mandates Reform Act (404) 562–9164 and via electronic mail 37371), EPA proposed to approve North of 1995 (Pub. L. 104–4); • at [email protected]. Carolina’s SIP as meeting the does not have Federalism implications as specified in Executive SUPPLEMENTARY INFORMATION: requirements of prongs 1 and 2 for the 2008 8-hour ozone NAAQS.1 The NPRM Order 13132 (64 FR 43255, August 10, I. Background provides additional detail regarding the 1999); • is not an economically significant On March 27, 2008, EPA promulgated background and rationale for EPA’s regulatory action based on health or an ozone NAAQS that revised the levels action. Comments on the NPRM were safety risks subject to Executive Order of the primary and secondary 8-hour due on or before September 11, 2017. 13045 (62 FR 19885, April 23, 1997); ozone standards from 0.08 parts per EPA received no adverse comments on • the proposed action. is not a significant regulatory action million (ppm) to 0.075 ppm. See 73 FR subject to Executive Order 13211 (66 FR 16436. Pursuant to CAA section II. Final Action 28355, May 22, 2001); 110(a)(1), within three years after • is not subject to requirements of promulgation of a new or revised EPA is taking final action to approve North Carolina’s December 9, 2015, SIP Section 12(d) of the National NAAQS (or shorter, if EPA prescribes), Technology Transfer and Advancement states must submit SIPs that meet the submission addressing the good neighbor infrastructure SIP Act of 1995 (15 U.S.C. 272 note) because applicable requirements of section application of those requirements would 110(a)(2). EPA has historically referred requirements, section 110(a)(2)(D)(i)(I) (prongs 1 and 2), for the 2008 8-hour be inconsistent with the CAA; and to these SIP submissions made for the • does not provide EPA with the purpose of satisfying the requirements ozone NAAQS. EPA is taking final action to approve the SIP submission discretionary authority to address, as of sections 110(a)(1) and 110(a)(2) as appropriate, disproportionate human ‘‘infrastructure SIP’’ submissions. One because it is consistent with section 110 of the CAA. EPA notes that the Agency health or environmental effects, using of the structural requirements of section practicable and legally permissible 110(a)(2) is section 110(a)(2)(D)(i), is not approving any specific rule, but rather concluding that North Carolina’s methods, under Executive Order 12898 which generally requires SIPs to contain (59 FR 7629, February 16, 1994). adequate provisions to prohibit in-state already approved SIP meets certain CAA requirements. The SIP is not approved to apply on emissions activities from having certain any Indian reservation land or in any adverse air quality effects on III. Statutory and Executive Order other area where EPA or an Indian tribe neighboring states due to interstate Reviews has demonstrated that a tribe has transport of air pollution. There are four Under the CAA, the Administrator is jurisdiction. In those areas of Indian sub-elements, or ‘‘prongs,’’ within required to approve a SIP submission country, the rule does not have tribal section 110(a)(2)(D)(i) of the CAA. CAA that complies with the provisions of the implications as specified by Executive section 110(a)(2)(D)(i)(I), also known as Act and applicable Federal regulations. Order 13175 (65 FR 67249, November 9, the ‘‘good neighbor’’ provision, requires See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 2000), nor will it impose substantial SIPs to include provisions prohibiting Thus, in reviewing SIP submissions, direct costs on tribal governments or any source or other type of emissions EPA’s role is to approve state choices, preempt tribal law. activity in one state from emitting any provided that they meet the criteria of The Congressional Review Act, 5 air pollutant in amounts that will the CAA. Accordingly, this action U.S.C. 801 et seq., as added by the Small contribute significantly to merely approves state law as meeting Business Regulatory Enforcement nonattainment, or interfere with Federal requirements and does not Fairness Act of 1996, generally provides maintenance, of the NAAQS in another impose additional requirements beyond that before a rule may take effect, the state. The two provisions of this section those imposed by state law. For that agency promulgating the rule must are referred to as prong 1 (significant reason, this action: submit a rule report, which includes a contribution to nonattainment) and • Is not a significant regulatory action copy of the rule, to each House of the prong 2 (interference with subject to review by the Office of Congress and to the Comptroller General maintenance). Section 110(a)(2)(D)(i)(II) Management and Budget under of the United States. EPA will submit a requires SIPs to contain adequate Executive Orders 12866 (58 FR 51735, report containing this action and other provisions to prohibit emissions that October 4, 1993) and 13563 (76 FR 3821, required information to the U.S. Senate, will interfere with measures required to January 21, 2011); the U.S. House of Representatives, and be included in the applicable • does not impose an information the Comptroller General of the United implementation plan for any other state collection burden under the provisions States prior to publication of the rule in under part C to prevent significant of the Paperwork Reduction Act (44 the Federal Register. A major rule deterioration of air quality (prong 3) or U.S.C. 3501 et seq.); cannot take effect until 60 days after it to protect visibility (prong 4). is published in the Federal Register. On December 9, 2015, North Carolina 1 This action addresses only prongs 1 and 2 of This action is not a ‘‘major rule’’ as submitted a SIP submittal containing a section 110(a)(2)(D)(i). All other infrastructure SIP defined by 5 U.S.C. 804(2). certification that North Carolina is elements for North Carolina for the 2008 8-hour Under section 307(b)(1) of the CAA, ozone NAAQS were addressed in separate petitions for judicial review of this meeting the requirements of CAA rulemakings. See 80 FR 68453 (November 5, 2015), section 110(a)(2)(D)(i)(I) for the 2008 8- 81 FR 35634 (June 3, 2016), and 81 FR 63107 action must be filed in the United States hour ozone NAAQS because, based on (September 14, 2016). Court of Appeals for the appropriate

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circuit by December 4, 2017. Filing a reference, Intergovernmental relations, Authority: 42 U.S.C. 7401 et seq. petition for reconsideration by the Nitrogen dioxide, Ozone, Reporting and Administrator of this final rule does not recordkeeping requirements, Volatile Subpart II—North Carolina affect the finality of this action for the organic compounds. ■ purposes of judicial review nor does it Dated: September 21, 2017. 2. Section 52.1770(e) is amended by extend the time within which a petition adding a new entry ‘‘110(a)(1) and (2) Onis ‘‘Trey’’ Glenn, III, for judicial review may be filed, and Infrastructure Requirements for the 2008 Regional Administrator, Region 4. shall not postpone the effectiveness of 8-Hour Ozone NAAQS’’ at the end of such rule or action. This action may not 40 CFR part 52 is amended as follows: the table to read as follows: be challenged later in proceedings to enforce its requirements. See section PART 52—APPROVAL AND § 52.1770 Identification of plan. 307(b)(2). PROMULGATION OF * * * * * IMPLEMENTATION PLANS List of Subjects in 40 CFR Part 52 (e) * * * Environmental protection, Air ■ 1. The authority citation for part 52 pollution control, Incorporation by continues to read as follows:

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

State effective EPA approval Federal Register Provision date date citation Explanation

******* 110(a)(1) and (2) Infrastructure Require- 12/9/2015 10/4/2017 [Insert citation of Addressing prongs 1 and 2 of section ments for the 2008 8-Hour Ozone publication]. 110(a)(2)(D)(i) only. NAAQS.

[FR Doc. 2017–21247 Filed 10–3–17; 8:45 am] requires no substantive revision at this Environmental Protection Agency, BILLING CODE 6560–50–P time. Region 4, 61 Forsyth Street SW., DATES: This rule is effective November Atlanta, Georgia 30303–8960. Ms. 3, 2017. Notarianni can be reached by phone at ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established a (404) 562–9031 and via electronic mail AGENCY docket for this action under Docket at [email protected]. Identification No. EPA–R04–OAR– SUPPLEMENTARY INFORMATION: 40 CFR Part 52 2016–0634. All documents in the docket I. Background [EPA–R04–OAR–2016–0634; FRL–9968–71– are listed on the www.regulations.gov Region 4] Web site. Although listed in the index, States are required to submit a some information may not be publicly progress report in the form of a SIP Air Plan Approval; Georgia; Regional available, i.e., Confidential Business revision that evaluates progress towards Haze Progress Report Information or other information whose the RPGs for each mandatory Class I 1 disclosure is restricted by statute. federal area (Class I area) within the AGENCY: Environmental Protection state and for each Class I area outside Agency (EPA). Certain other material, such as copyrighted material, is not placed on the state which may be affected by ACTION: Final rule. the Internet and will be publicly emissions from within the state. 40 CFR 51.308(g). In addition, the provisions of SUMMARY: The Environmental Protection available only in hard copy form. 40 CFR 51.308(h) require states to Agency (EPA) is finalizing approval of Publicly available docket materials are available either electronically through submit, at the same time as the 40 CFR a State Implementation Plan (SIP) 51.308(g) progress report, a revision submitted by the State of www.regulations.gov or in hard copy at the Air Regulatory Management Section, determination of the adequacy of the Georgia, Department of Natural state’s existing regional haze plan. On Air Planning and Implementation Resources, through the Georgia January 8, 2014, Georgia submitted its Branch, Air, Pesticides and Toxics Environmental Protection Division (GA Progress Report which, among other Management Division, U.S. EPD) on January 8, 2014. Georgia’s things, details the progress made in the Environmental Protection Agency, January 8, 2014, SIP revision (Progress first period toward implementation of Region 4, 61 Forsyth Street SW., Report) addresses requirements of the the long term strategy outlined in the Atlanta, Georgia 30303–8960. EPA Clean Air Act (CAA or Act) and EPA’s State’s regional haze plan; the visibility requests that if at all possible, you rules that require each state to submit improvement measured at the three contact the person listed in the FOR periodic reports describing progress Class I areas within its borders (Cohutta FURTHER INFORMATION CONTACT section to towards reasonable progress goals Wilderness Area, Okefenokee (RPGs) established for regional haze and schedule your inspection. The Regional Wilderness Area, and Wolf Island a determination of the adequacy of the Office’s official hours of business are Wilderness Area) and at Class I areas state’s existing SIP addressing regional Monday through Friday 8:30 a.m. to haze (regional haze plan). EPA is 4:30 p.m., excluding Federal holidays. 1 Areas designated as mandatory Class I federal finalizing approval of Georgia’s FOR FURTHER INFORMATION CONTACT: areas consist of national parks exceeding 6000 determination that the State’s regional Michele Notarianni, Air Regulatory acres, wilderness areas and national memorial parks haze plan is adequate to meet these Management Section, Air Planning and exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. RPGs for the first implementation Implementation Branch, Air, Pesticides 7472(a)). These areas are listed at 40 CFR part 81, period covering through 2018 and and Toxics Management Division, U.S. subpart D.

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outside of the State potentially impacted • does not contain any unfunded the Federal Register. A major rule by emissions from Georgia; and a mandate or significantly or uniquely cannot take effect until 60 days after it determination of the adequacy of the affect small governments, as described is published in the Federal Register. State’s existing regional haze plan. in the Unfunded Mandates Reform Act This action is not a ‘‘major rule’’ as In a notice of proposed rulemaking of 1995 (Pub. L. 104–4); defined by 5 U.S.C. 804(2). • (NPRM) published on August 15, 2017 does not have Federalism Under section 307(b)(1) of the CAA, (82 FR 38654), EPA proposed to approve implications as specified in Executive petitions for judicial review of this Georgia’s January 8, 2014, Progress Order 13132 (64 FR 43255, August 10, action must be filed in the United States Report. The details of Georgia’s 1999); • Court of Appeals for the appropriate submission and the rationale for EPA’s is not an economically significant circuit by December 4, 2017. Filing a actions are explained in the NPRM. regulatory action based on health or petition for reconsideration by the Comments on the proposed rulemaking safety risks subject to Executive Order Administrator of this final rule does not were due on or before September 14, 13045 (62 FR 19885, April 23, 1997); affect the finality of this action for the • is not a significant regulatory action 2017. EPA received no adverse purposes of judicial review nor does it subject to Executive Order 13211 (66 FR comments on the proposed action. extend the time within which a petition 28355, May 22, 2001); II. Final Action • is not subject to requirements of for judicial review may be filed, and Section 12(d) of the National shall not postpone the effectiveness of EPA is finalizing approval of Technology Transfer and Advancement such rule or action. This action may not Georgia’s January 8, 2014, Progress Act of 1995 (15 U.S.C. 272 note) because be challenged later in proceedings to Report as meeting the applicable application of those requirements would enforce its requirements. See section regional haze requirements set forth in be inconsistent with the CAA; and 307(b)(2). 40 CFR 51.308(g) and 51.308(h). • does not provide EPA with the List of Subjects in 40 CFR Part 52 III. Statutory and Executive Order discretionary authority to address, as Reviews appropriate, disproportionate human Environmental protection, Air health or environmental effects, using pollution control, Incorporation by Under the CAA, the Administrator is practicable and legally permissible reference, Intergovernmental relations, required to approve a SIP submission methods, under Executive Order 12898 Nitrogen oxides, Particulate matter, that complies with the provisions of the (59 FR 7629, February 16, 1994). Reporting and recordkeeping Act and applicable federal regulations. The SIP is not approved to apply on requirements, Sulfur dioxide, Volatile See 42 U.S.C. 7410(k); 40 CFR 52.02(a). any Indian reservation land or in any organic compounds. Thus, in reviewing SIP submissions, other area where EPA or an Indian tribe EPA’s role is to approve state choices, Dated: September 21, 2017. has demonstrated that a tribe has Onis ‘‘Trey’’ Glenn, III, provided that they meet the criteria of jurisdiction. In those areas of Indian Regional Administrator, Region 4. the Act. Accordingly, this action merely country, the rule does not have tribal approves state law as meeting federal implications as specified by Executive 40 CFR part 52 is amended as follows: requirements and does not impose Order 13175 (65 FR 67249, November 9, additional requirements beyond those 2000), nor will it impose substantial PART 52—APPROVAL AND imposed by state law. For that reason, direct costs on tribal governments or PROMULGATION OF this action: preempt tribal law. IMPLEMENTATION PLANS • Is not a significant regulatory action The Congressional Review Act, 5 subject to review by the Office of U.S.C. 801 et seq., as added by the Small ■ 1. The authority citation for part 52 Management and Budget under Business Regulatory Enforcement continues to read as follows: Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides Authority: 42 U.S.C. 7401 et seq. October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the January 21, 2011); agency promulgating the rule must Subpart L—Georgia • does not impose an information submit a rule report, which includes a collection burden under the provisions copy of the rule, to each House of the ■ 2. Section 52.570(e) is amended by of the Paperwork Reduction Act (44 Congress and to the Comptroller General adding an entry for ‘‘January 2014 U.S.C. 3501 et seq.); of the United States. EPA will submit a Regional Haze Progress Report’’ at the • is certified as not having a report containing this action and other end of the table to read as follows: significant economic impact on a required information to the U.S. Senate, substantial number of small entities the U.S. House of Representatives, and § 52.570 Identification of plan. under the Regulatory Flexibility Act (5 the Comptroller General of the United * * * * * U.S.C. 601 et seq.); States prior to publication of the rule in (e) * * *

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Applicable Name of nonregulatory geographic or State SIP provision nonattainment submittal date/ EPA approval date Explanation area effective date

******* January 2014 Regional Georgia ...... 01/8/2014 10/4/17 [Insert citation of Haze Progress Report. publication].

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[FR Doc. 2017–21246 Filed 10–3–17; 8:45 am] II. Summary of Errors finalized on page 38068 of the final rule for FY 2018. BILLING CODE 6560–50–P A. Summary of Errors in the Preamble In addition, after publication of the On page 37990, we are making a FY 2018 IPPS/LTCH PPS final rule, we conforming correction, removal of the DEPARTMENT OF HEALTH AND became aware that the logic for the ICD– reference to part 488, based on the HUMAN SERVICES 10 MS–DRG Definitions Manual Version removal of the regulations text for 35 and the ICD–10 MS–DRG Grouper Centers for Medicare & Medicaid § 488.5 described in section II.B. of this and Medicare Code Editor (MCE) Services correcting document. Version 35 Software erroneously On pages 38067 and 38068, we are designated the following ICD–10–PCS correcting technical errors in our 42 CFR Parts 405, 412, 413, 414, 416, procedure code as a non-O.R. procedure discussion and summary of and 486, 488, 489, and 495 rather than as an O.R. procedure as response to public comment regarding finalized on page 38072 of the final rule [CMS–1677–CN] ICD–10–PCS procedure codes for FY 2018: 0BCC8ZZ (Extirpation of describing procedures involving RIN–0938–AS98 matter from right upper lung lobe, via percutaneous insertion of intraluminal natural or artificial opening or monitoring device. Specifically, we Medicare Program; Hospital Inpatient endoscopic). Therefore, we also made erroneously referred to a count of 28 changes to the ICD–10 MS–DRG Prospective Payment Systems for procedure codes describing procedures Definitions Manual Version 35 and the Acute Care Hospitals and the Long- involving the percutaneous insertion of ICD–10 MS–DRG Grouper and MCE Term Care Hospital Prospective intraluminal and monitoring devices Version 35 Software to correctly reflect Payment System and Policy Changes into central nervous system and other the O.R. designation for this procedure and Fiscal Year 2018 Rates; Quality cardiovascular body parts rather than 18 code for FY 2018. Reporting Requirements for Specific procedure codes. Of the 28 codes listed Providers; Medicare and Medicaid in Table 6P.4b associated with the We recalculated the FY 2018 MS– Electronic Health Record (EHR) proposed rule, 10 procedure codes were DRG relative weights (and associated Incentive Program Requirements for duplicative, and erroneously included statistics, such as average length of stay Eligible Hospitals, Critical Access in the table and in the total number of (ALOS)) as a result of the corrections to Hospitals, and Eligible Professionals; codes referenced in the preamble. As the logic for the ICD–10 MS–DRG Provider-Based Status of Indian Health indicated in the final rule, after Grouper Version 35 Software discussed Service and Tribal Facilities and consideration of the public comments above. In addition, since the MS–LTC– Organizations; Costs Reporting and we received, we maintained the DRGs used under the LTCH PPS for FY Provider Requirements; Agreement designation of 15 procedure codes 2018 are the same as the MS DRGs used Termination Notices; Correction identified by the commenters. For this under the IPPS for FY 2018 (and as such reason, we are also correcting Table use the same ICD–10 MS–DRG Grouper AGENCY: Centers for Medicare & Version 35 Software), we also Medicaid Services (CMS), HHS. 6P.4b associated with the final rule (as discussed in section II.E. of this recalculated the FY 2018 MS–LTC–DRG ACTION: Final rule; correction. correcting document) to reflect the 3 relative weights (and associated statistics, such as geometric ALOS) for SUMMARY: This document corrects distinct procedure codes for which we finalized a change in designation, the same reasons. technical and typographical errors in On page 38119, we made a technical the final rule that appeared in the including to remove the listings of ICD– 10–PCS procedure codes 00H032Z error in describing which ICD–10–PCS August 14, 2017, issue of the Federal procedure codes will be used to identify Register, which will amend the (Insertion of Monitoring Device into Brain, Percutaneous Approach) and cases involving ZINPLAVATM that are Medicare hospital inpatient prospective eligible for new technology add-on payment systems (IPPS) for operating 00H632Z (Insertion of Monitoring Device into Cerebral Ventricle, payments in FY 2018. Specifically, and capital related costs of acute care cases involving ZINPLAVATM that are hospitals to implement changes arising Percutaneous Approach), which we finalized to maintain as O.R. procedures eligible for new technology add-on from our continuing experience with payments will be identified by either of these systems for FY 2018. for FY 2018, and are making conforming changes to the corresponding count of the ICD–10–PCS procedure codes listed DATES: This correction is effective codes listed in that table as indicated on in the final rule (XW033A3 or October 1, 2017. page 38068. Consistent with these XW043A3) (rather than requiring the FOR FURTHER INFORMATION CONTACT: corrections, we are also correcting the combination of both ICD–10–PCS Donald Thompson, (410) 786–4487. description of the proposal on page procedure codes). SUPPLEMENTARY INFORMATION: 38067 of the final rule. As a result of the On pages 38132 and 38137, in our corrections to Table 6P.4b associated discussion of the wage indexes, we I. Background with the final rule and the conforming provided incorrect values for the FY In FR Doc. 2017–16434 of August 14, corrections on pages 38067 and 38068, 2018 national average hourly wage 2017 (82 FR 37990) there were a number we have made conforming changes to (unadjusted for occupational mix) and of technical and typographical errors the ICD–10 MS–DRG Definitions the FY 2018 occupational mix adjusted that are identified and corrected by the Manual Version 35 and ICD–10 MS– national average hourly wage due to Correction of Errors section of this DRG Grouper Software Version 35 for inadvertent errors related to the wage correcting document. The provisions in FY 2018 to reflect the O.R. designation data collected from the Medicare cost this correcting document are effective as of ICD–10–PCS procedure codes reports of six hospitals (CMS if they had been included in the 00H032Z (Insertion of Monitoring Certification Numbers (CCNs) 240010, document that appeared in the August Device into Brain, Percutaneous 420033, 420037, 420038, 420078, and 14, 2017 Federal Register. Accordingly, Approach) and 00H632Z (Insertion of 420102). the corrections are effective October 1, Monitoring Device into Cerebral On page 38144, we made an 2017. Ventricle, Percutaneous Approach), as inadvertent error in the mailing address

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for the Medicare Geographic Review change for eligible professionals (EPs) in computed from the wage index). The Board (MGCRB). § 495.24(d)(6)(i)(B)(1)(iv). final FY 2018 IPPS wage data are used On page 38195, in our discussion in the calculation of the wage index C. Summary of Errors in the Addendum regarding disproportionate share budget neutrality adjustment when hospitals (DSHs), we made errors in the As discussed in section II.A. of this comparing total payments using the June 2017 Office of the Actuary’s correcting document, we are making final FY 2017 IPPS wage index data to estimate for FY 2018 Medicare DSH corrections to the logic for the ICD–10 total payments using the final FY 2018 payments. MS–DRG Grouper Version 35 Software IPPS wage index data. Additionally, the On page 38225, we made for three ICD–10–PCS procedure codes final FY 2018 IPPS wage index data are typographical errors in our description (0BCC8ZZ, 00H032Z and 00H632Z) that used when determining total payments of several Hospital Readmissions had been erroneously designated as for purposes of the rest of the budget Reduction Program (HRRP) measures. non-O.R. procedures rather than as O.R. neutrality factors (except for the MS– On page 38249, in our response to a procedures as finalized for FY 2018. As DRG reclassification and recalibration comment, we advertently referenced the a result, we have recalculated the FY budget neutrality factor) and the final MORT–30–PN measure, instead of the 2018 MS–DRG relative weights after outlier threshold. In addition, the final PN Payment measure. applying the changes in the Version 35 FY 2018 IPPS wage index data are used On page 38257 through 38259, in our MS–DRG groupings to the FY 2016 to calculate the FY 2018 LTCH PPS discussion of the Hospital Value-Based MedPAR data used for the final rule. wage index values, certain budget Purchasing (HVBP) Program, we made The FY 2018 MS–DRG relative neutrality factors, and the LTCH PPS several typographical and technical weights are used to calculate the MS– standard Federal payment rate in the FY errors to references and dates. DRG reclassification and recalibration 2018 IPPS/LTCH PPS final rule. On pages 38309 and 38310, we are budget neutrality factor when Due to the correction of the correcting the MS–LTC–DRG comparing total payments using FY combination of errors listed previously normalization factor and the MS–LTC 2017 MS–DRG relative weights to total (recalculation of the MS–DRG relative DRG budget neutrality factor based on payments using the FY 2018 MS–DRG weights, revisions to Factor 3 of the the recalculation of the MS–LTC–DRG relative weights. Additionally, the FY uncompensated care methodology and relative weights due to the corrections 2018 MS–DRG relative weights are used correction to the final FY 2018 IPPS to the MS–DRG Grouper Software when determining total payments for wage index data), we recalculated all Version 35 described previously. purposes of all other budget neutrality IPPS budget neutrality adjustment (Because the MS–LTC–DRGs used under factors and the final outlier threshold, factors, the fixed-loss cost threshold, the the LTCH PPS are the same as the MS– which are discussed in this section II.C. final wage indexes (and GAFs), and the DRGs used under the IPPS, the of this correcting document. national operating standardized corrections to the MS–DRG Grouper As discussed in section II.E. of this amounts and capital Federal rate. Software Version 35 described correcting document, we made several Therefore, we made conforming changes previously affect the MS–LTC–DRGs technical errors with regard to the to the following: groupings by extension.) calculation of Factor 3 of the • On page 38522 and 38532, the MS– On pages 38426, 38434, 38440, and uncompensated care payment DRG reclassification and recalibration 38458, in our discussion of the LTCH methodology. Factor 3 is used to budget neutrality factor. Quality Reporting Program (QRP), we determine the total amount of the • On page 38522, the wage index made technical and typographical errors uncompensated care payment a hospital budget neutrality adjustment. including an error in our description of is eligible to receive for a fiscal year. • On page 38522, the reclassification a quality measure. This amount is then used to calculate hospital budget neutrality adjustment. the amount of the interim • On page 38523, the rural and B. Summary of Errors in the Regulations uncompensated care payments a imputed floor budget neutrality Text hospital receives per discharge. Per adjustment. On page 38516, we inadvertently discharge uncompensated care • On page 38527, the calculation of retained regulations language from the payments are included when the outlier fixed-loss cost threshold, the proposed rule at § 488.5(a)(21), determining total payments for purposes national outlier adjustment factors, total regarding accrediting organizations, of all of the budget neutrality factors operating Federal payments, total after stating in the preamble of the final and the final outlier threshold. operating outlier payments, and rule that we had decided not to adopt As a result, the revisions made to percentage of capital outlier payments. such language. In addition, on page address these technical errors regarding • On page 38529, the table titled 38509, we inadvertently retained a the calculation of Factor 3 directly ‘‘Changes From FY 2017 Standardized description of subjects set out in 42 CFR affected the calculation of total Amounts to the FY 2018 Standardized part 488 in the ‘‘List of Subjects.’’ We payments and required the recalculation Amounts’’. are correcting these errors by removing of all the budget neutrality factors and On pages 38532 and 38534 through the description of subjects, amendatory the final outlier threshold. 38535, in our discussion of the instructions, and regulations text for Because of the errors in the wage data determination of the Federal hospital part 488. for the six hospitals (CCNs 240010, inpatient capital related prospective On page 38516, in the regulations text 420033, 420037, 420038, 420078, and payment rate update, due to the provisions for § 495.4 (definitions for 420102), as discussed in section II.A. of recalculation of the MS–DRG relative the Electronic Health Record (EHR) this correcting document, we weights and GAFs we have made Incentive Program), we inadvertently recalculated the FY 2018 national conforming corrections to the increase omitted the definition of certified average hourly wages unadjusted for in the capital Federal rate, the capital electronic health record technology occupational mix and adjusted for outlier payment adjustment (budget (CEHRT) for 2018. occupational mix which resulted in the neutrality) factor, the GAF/DRG budget On page 38517, in the regulations text recalculation of the final FY 2018 IPPS neutrality adjustment factors, the capital provisions for § 495.24, we wage indexes and the geographic Federal rate, and the outlier threshold inadvertently omitted an EHR measure adjustment factors (GAFs) (which are (as discussed previously), along with

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certain statistical figures (for example, factors as a result of the technical errors Medicare/Medicare-Fee-for-Service- percent change) in the accompanying that lead to conforming changes in our Payment/AcuteInpatientPPS/FY2018- discussions. calculation of the operating and capital IPPS-Final-Rule-Home-Page.html. The Also, as a result of these errors, on IPPS budget neutrality factors, outlier tables that are available on the Internet page 38535, we have made conforming threshold, final wage indexes, operating have been updated to reflect the corrections in the tables showing the standardized amounts, and capital revisions discussed in this correcting comparison of factors and adjustments Federal rate (as described in sections document. for the FY 2017 capital Federal rate and II.A. and II.C. of this correcting Table 2—Case-Mix Index and Wage FY 2018 capital Federal rate and the document). Index Table- FY 2018. The wage data proposed FY 2018 capital Federal rate In particular, we made changes to the errors related to the six hospitals and final FY 2018 capital Federal rate. following tables. required the recalculation of the FY On pages 38537 and 38539, we are • On pages 38552 through 38554, the 2018 national average hourly wages correcting the area wage level budget table titled ‘‘Table I.—Impact Analysis unadjusted for occupational mix and neutrality factor and making a of Changes to the IPPS for Operating adjusted for occupational mix which conforming change to the FY 2018 Costs for FY 2018’’. resulted in recalculating the FY 2018 LTCH PPS standard Federal payment • On pages 38557 through 38558, the wage indexes. Also, the recalculation of rate due to corrections to the wage data table titled ‘‘FY 2018 IPPS Estimated the MS–DRG relative weights, the discussed previously. Payments Due To Rural and Imputed revisions to Factor 3 of the On page 38544, we are making Floor With National Budget Neutrality’’. uncompensated care payment conforming corrections to the fixed-loss • On pages 38559 and 38560, the methodology and recalculation of the amount for FY 2018 LTCH PPS standard table titled ‘‘Table II—Impact Analysis FY 2018 wage index necessitated the Federal payment rate discharges and the of Changes for FY 2018 Acute Care recalculation of the rural and imputed high-cost outlier (HCO) threshold Hospital Operating Prospective Payment floor budget neutrality factor (as determined in absence of the required System [Payments per Discharge]’’. discussed in section II.C. of this changes under the 21st Century Cures • On pages 38572 through 38574, the correcting document). Therefore, we are Act due to corrections in the MS–LTC– table titled ‘‘Table III—Comparison of correcting the values in the column DRG data discussed previously. Total Payments Per Case [FY 2017 titled ‘‘FY 2018 Wage Index’’ for all On page 38545, we are making Payments Compared to FY 2018 hospitals. Additionally, for the six conforming corrections to the fixed-loss Payments]’’. hospitals for which we inadvertently amount for site neutral discharges due On pages 38561 through 38564, we used the incorrect wage data (as to corrections in the IPPS rates and are correcting the discussion of the discussed in section II.A. of this factors discussed previously. ‘‘Effects of the Changes to Medicare correcting document), we are correcting On pages 38546 and 38547, we are DSH and Uncompensated Care the average hourly wages in the making conforming corrections to the Payments for FY 2018’’ for purposes of columns titled ‘‘Average Hourly Wage figures used in the example of the Regulatory Impact Analysis in FY 2018’’ and ‘‘3-Year Average Hourly computing the adjusted LTCH PPS Appendix A of the FY 2018 IPPS/LTCH Wage (2016, 2017, 2018)’’. Federal prospective payment for FY PPS final rule in light of the corrections Table 3.—Wage Index Table by 2018. discussed in sections II.D. and II.E. of CBSA–FY 2018. The wage data errors On page 38548, we have made this correcting document. related to the six hospitals required the conforming corrections to the following: On pages 38576 and 38578 through recalculation of the FY 2018 national • National adjusted operating 38579, we made conforming corrections average hourly wage adjusted for standardized amounts and capital to the area wage level budget neutrality occupational mix which resulted in standard Federal payment rate (which factor and the LTCH PPS standard recalculating the FY 2018 wage indexes. also include the rates payable to Federal payment rate as described in Also, the recalculation of the MS–DRG hospitals located in Puerto Rico) in section II.C. of this correcting document. relative weights, the revisions to Factor Tables 1A, 1B, 1C, and 1D as a result of On page 38579, we are making 3 of the uncompensated care payment the conforming corrections to certain conforming corrections to ‘‘Table IV.— methodology, and recalculation of the budget neutrality factors and the outlier Impact of Payment Rate and Policy FY 2018 wage index necessitated the threshold (as described previously). Changes to LTCH PPS Payments for recalculation of the rural and imputed • LTCH PPS standard Federal Standard Payment Rate Cases for FY floor budget neutrality factor (as payment rate in Table 1E as a result of 2018.’’ We are also correcting technical discussed in section II.C. of this the correction to area wage level budget errors in the terminology used in the correcting document). Therefore, we are neutrality factor (as discussed title and column headings of Table IV making corresponding changes to the previously). by ensuring the use of ‘‘Standard wage indexes and GAFs of all CBSAs Also, on page 38548, in Table 1E, we Federal Payment Rate’’. listed in Table 3. Specifically, we are are correcting a technical error in our On page 38585, we made conforming correcting the values and flags in the terminology by replacing ‘‘Standard corrections to the estimated increase in columns titled ‘‘Wage Index’’, Federal Rate’’ with ‘Standard Federal capital payments in FY 2018 compared ‘‘Reclassified Wage Index’’, ‘‘GAF’’, Payment Rate’’. to FY 2017. ‘‘Reclassified GAF’’, ‘‘Pre-Frontier and/ or Pre-Rural or Imputed Floor Wage D. Summary of Errors in the Appendices E. Summary of Errors in and Corrections Index’’ and ‘‘Eligible for Rural or On pages 38552 through 38560 and to Files and Tables Posted on the CMS Imputed Floor Wage Index’’. 38572 through 38574 in our regulatory Web Site Additionally, for the two CBSAs (24860 impact analyses, we made conforming We are correcting the errors in the and 40340) where the six hospitals for corrections to the factors, values, and following IPPS tables that are listed on which we inadvertently used the tables and accompanying discussion of pages 38547 and 38548 of the FY 2018 incorrect wage data are located (as the changes in operating and capital IPPS/LTCH PPS final rule and are discussed in section II.A. of this IPPS payments for FY 2018 and the available on the Internet on the CMS correcting document), we are correcting effects of certain budget neutrality Web site at https://www.cms.gov/ the average hourly wages in the

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columns titled ‘‘FY 2018 Average with the data for the surviving hospital We are also correcting the errors in Hourly Wage’’ and ‘‘3-Year Average for purposes of calculating Factor 3 for the following LTCH PPS tables that are Hourly Wage (2016, 2017, 2018)’’. As we the FY 2018 IPPS/LTCH PPS Final Rule. listed on page 38548 of the FY 2018 described previously, we inadvertently • To correct the Factor 3 that was IPPS/LTCH PPS final rule and are used the incorrect wage data for the computed for a hospital whose FY 2014 available on the Internet on the CMS following hospitals: CCNs 240010, cost report in the March 2017 extract of Web site at https://www.cms.gov/ 420033, 420037, 420038, 420078 and Healthcare Cost Report Information Medicare/Medicare-Fee-for- 420102. System (HCRIS) inadvertently omitted ServicePayment/LongTermCareHospital Table 5.—List of Medicare Severity amended uncompensated care cost data PPS/index.html under the list item for Diagnosis-Related Groups (MS–DRGs), reported on an amended Worksheet S– regulation number CMS–1677–F. The Relative Weighting Factors, and 10 that had been received timely per CR tables that are available on the Internet Geometric and Arithmetic Mean Length 9648 issued on July, 15, 2016, and that have been updated to reflect the of Stay—FY 2018. We are correcting this was inadvertently omitted from the revisions discussed in this correcting table to reflect the recalculation of the hospital’s 2014 cost report when it was document. FY 2018 MS–DRG relative weights and uploaded into HCRIS. Table 11.—MS–LTC–DRGs, Relative associated statistics as a result of the • To correct the Factor 3 that was Weights, Geometric Average Length of corrections to the logic for the ICD–10 computed for a hospital that only had Stay, and Short-Stay Outlier (SSO) MS–DRG Grouper Version 35 Software Factor 3 values for two cost reporting Threshold for LTCH PPS Discharges discussed in section II.A. of this periods, but whose Factor 3 was Occurring from October 1, 2017 through correcting document. Specifically, we inadvertently calculated by dividing by September 30, 2018. We are correcting are correcting the values in the columns three cost reporting periods when this table to reflect the recalculation of titled ‘‘Weights’’, ‘‘Geometric mean averaging the Factor 3 values. the FY 2018 MS–LTC–DRG relative LOS’’, and ‘‘Arithmetic mean LOS’’. • To correct the misapplication of our weights and associated statistics as a Table 6P.—ICD–10–CM and ICD–10– result of the corrections to the logic for new hospital policy, where hospitals PCS Code Designations, MCE and MS– the Version 35 Grouper Software with a CMS Certification Number (CCN) DRG Changes—FY 2018. As discussed discussed in section II.A. of this established after October 1, 2013, but in section II.A of this correcting correcting document. before October 1, 2014, were document, we are correcting the list of Table 12A.—LTCH PPS Wage Index inadvertently considered subject to that the ICD–10–PCS procedure codes in for Urban Areas for Discharges policy when calculating Factor 3. As Table 6P.4b to reflect the three ICD–10– Occurring from October 1, 2017 through stated in the FY 2018 IPPS/LTCH PPS PCS procedure codes relating to the September 30, 2018. We are correcting final rule (82 FR 38212), only those percutaneous insertion of intraluminal this table to reflect the revisions to the hospitals with a CCN established after or monitoring devices that are finalized LTCH PPS wage index values discussed October 1, 2014, are considered new as non-O.R. procedures for FY 2018. in section II.C. of this correcting Table 7B.—Medicare Prospective and subject to the new hospital policy document. Payment System Selected Percentile when calculating Factor 3 for FY 2018. Table 12B.—LTCH PPS Wage Index Lengths of Stay: FY 2016 MedPAR We are revising Factor 3 for all for Rural Areas for Discharges Occurring Update—March 2017 GROUPER V35.0 hospitals to correct these errors. We are from October 1, 2017 through MS–DRGs. We are correcting this table also revising the amount of the total September 30, 2018. We are correcting to reflect the recalculation of the FY uncompensated care payment this table to reflect the revisions to the 2018 MS–DRG relative weights and calculated for each DSH-eligible LTCH PPS wage index values discussed associated statistics as a result of the hospital. The total uncompensated care in section II.C. of this correcting corrections to the logic for the ICD–10 payment that a hospital receives is used document. MS–DRG Grouper Version 35 Software to calculate the amount of the interim We also note that we have made discussed in section II.A. of this uncompensated care payments the conforming changes to the ICD–10 MS– correcting document. hospital receives per discharge. Per DRG Definitions Manual Version 35 for Table 10—New Technology Add-On discharge uncompensated care consistency with the ICD–10 MS–DRG Payment Thresholds for Applications payments are included when Grouper and Medicare Code Editor for FY 2019. We are correcting the determining total payments for purposes (MCE) Version 35 Software. First, the thresholds in this table as a result of the of all of the budget neutrality factors ICD–10–CM diagnosis code P05.18 corrections to the operating and the final outlier threshold. As a (Newborn small for gestational age, standardized amounts discussed in result, these corrections to the 2000–2499 grams) was displayed in the section II.C. of this correcting document. uncompensated care payments ICD–10 MS–DRG Definitions Manual Table 18.—Final FY 2018 Medicare impacted the calculation of all the Version 35 as grouping to both MS– DSH Uncompensated Care Payment budget neutrality factors as well as the DRGs 793 (Full Term Neonate with Factor 3. We are correcting this table to outlier fixed-loss cost threshold for Major Problems) and 795 (Normal reflect revisions to the Factor 3 outlier payments. These corrections will Newborn). The correct MS–DRG calculations for purposes of determining be reflected in Table 18 and the assignment for diagnosis code P05.18 is uncompensated care payments for the Medicare DSH Supplemental Data File. only MS–DRG 795; therefore, FY 2018 IPPS/LTCH PPS final rule for In section II.D. of this correcting corrections were made to the ICD–10 the following reasons: document, we have made corresponding MS–DRG Definitions Manual Version 35 • To apply our finalized policy of revisions to the discussion of the to reflect the correct MS–DRG double weighting the 2013 Factor 3 ‘‘Effects of the Changes to Medicare assignment. Second, the following 9 instead of developing a 2014 Factor 3 DSH and Uncompensated Care diagnosis codes were not included in using uncompensated care cost data Payments for FY 2018’’ for purposes of the major problem list in the MS–DRG from Worksheet S–10 for several all- the Regulatory Impact Analysis in Definitions Manual: K56.600 (Partial inclusive rate providers. Appendix A of the FY 2018 IPPS/LTCH intestinal obstruction, unspecified as to • To reflect mergers where data for PPS final rule to reflect the corrections cause); K56.601 (Complete intestinal the merged hospital were not combined discussed previously. obstruction, unspecified as to cause);

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K56.609 (Unspecified intestinal In addition, even if this were a rule to b. Second paragraph, line 4, the figure obstruction, unspecified as to partial which the notice and comment ‘‘13’’ is corrected to read ‘‘3’’. versus complete obstruction); K56.690 procedures and delayed effective date 4. On page 38119, third column, first (Other partial intestinal obstruction); requirements applied, we find that there partial paragraph, lines 25 and 26, the K56.691(Other complete intestinal is good cause to waive such phrase ‘‘XW033A3 and XW043A3.’’ is obstruction); K56.699 (Other intestinal requirements. Undertaking further corrected to read ‘‘XW033A3 or obstruction unspecified as to partial notice and comment procedures to XW043A3.’’ versus complete obstruction); K91.30 incorporate the corrections in this 5. On page 38132— (Postprocedural intestinal obstruction, document into the final rule or delaying a. Second column, first paragraph, last unspecified as to partial versus the effective date would be contrary to line, the figure ‘‘$42.1027’’ is corrected complete); K91.31 (Postprocedural the public interest because it is in the to read ‘‘$42.0795’’. partial intestinal obstruction); and public’s interest for providers to receive b. Third column, first partial K91.32 (Postprocedural complete appropriate payments in as timely a paragraph, line 4, the figure $42.1027’’ intestinal obstruction). We made manner as possible, and to ensure that is corrected to read ‘‘$42.0795’’. 6. On page 38137, third column— corrections to add these 9 diagnosis the FY 2018 IPPS/LTCH PPS final rule accurately reflects our policies. a. First full paragraph, last line, the codes to the major problems list for MS– figure $42.0564’’ is corrected to read DRG 793 under Major Diagnostic Furthermore, such procedures would be unnecessary, as we are not altering our ‘‘$42.0332’’. Category (MDC) 15 (Newborns & Other b. Last full paragraph, last line, the payment methodologies or policies, but Neonates with Conditions Originating in figure $42.0564’’ is corrected to read rather, we are simply implementing Perinatal Period) in the ICD–10 MS– ‘‘$42.0332’’. DRG Definitions Manual Version 35. correctly the policies that we previously 7. On page 38144, first column, first proposed, received comment on, and partial paragraph, lines 8 through 10, III. Waiver of Proposed Rulemaking subsequently finalized. This correcting and Delay in Effective Date the phrase ‘‘2520 Lord Baltimore Drive, document is intended solely to ensure Suite L, Baltimore, MD 21244– 2670.’’ is We ordinarily publish a notice of that the FY 2018 IPPS/LTCH PPS final corrected to read ‘‘1508 Woodlawn proposed rulemaking in the Federal rule accurately reflects these payment Drive, Suite 100, Baltimore, MD Register to provide a period for public methodologies and policies. Therefore, 21207.’’. comment before the provisions of a rule we believe we have good cause to waive 8. On page 38195— take effect in accordance with section the notice and comment and effective a. Top of the page, third column, first 553(b) of the Administrative Procedure date requirements. full paragraph, line 19, the figure Act (APA) (5 U.S.C. 553(b)). However, Correction of Errors ‘‘$15.533’’ is corrected to read we can waive this notice and comment ‘‘$15.553’’. In FR Doc. 2017–16434 of August 14, procedure if the Secretary finds, for b. Bottom of the page in the table 2017 (82 FR 37990), we are making the good cause, that the notice and titled ‘‘FACTORS APPLIED FOR FY following corrections: comment process is impracticable, 2015 THROUGH FY 2018 TO unnecessary, or contrary to the public A. Corrections of Errors in the Preamble ESTIMATE MEDICARE DSH interest, and incorporates a statement of 1. On page 37990, first column, line EXPENDITURES USING 2014 the finding and the reasons therefore in 8 (Part headings), the figures ‘‘486, 488, BASELINE’’ last row (FY 2018), last the notice. 489, and 495’’ are corrected to read column (Estimated DSH payment), the Section 553(d) of the APA ordinarily ‘‘486, 489, and 495’’. entry ‘‘15.533’’ is corrected to read requires a 30-day delay in the effective 2. On page 38067— ‘‘15.553’’. date of final rules after the date of their a. Second column, last partial 9. On page 38225— publication in the Federal Register. paragraph, line 1, the figure ‘‘28’’ is a. First column, last bulleted paragraph, lines 3 through 5, the phrase This 30-day delay in effective date can corrected to read ‘‘18’’. ‘‘(AMI–Version 8.0, HF–Version 8.0, be waived, however, if an agency finds b. Third column— Pneumonia–Version 8.0, COPD–Version for good cause that the delay is (1) First partial paragraph— 4.0, and Stroke–Version 4.0: 2016’’ is impracticable, unnecessary, or contrary (a) Line 7, the phrase ‘‘28 ICD–10– corrected to read ‘‘(AMI–Version 9.0, to the public interest, and the agency PCS’’ is corrected to read ‘‘28 (18 HF–Version 9.0, Pneumonia–Version incorporates a statement of the findings discrete) ICD–10–PCS’’. 9.0, COPD–Version 5.0, and Stroke– and its reasons in the rule issued. (b) Line 15, the phrase ‘‘O.R. procedures. We invite public’’ is Version 5.0: 2016’’. We believe that this correcting corrected to read ‘‘O.R. procedures. (We b. Second column; first bulleted document does not constitute a rule that note that Table 6P.4b. associated with paragraph, lines 2 through 4, the phrase would be subject to the APA notice and the proposed rule listed 28 rather than ‘‘(THA and/or TKA–Version 4.0, CABG– comment or delayed effective date 18 ICD–10–PCS codes because we Version 2.0: 2016’’ is corrected to read requirements. This correcting document inadvertently included 10 duplicate ‘‘(THA and/or TKA–Version 5.0, CABG– corrects technical and typographic codes. However only 18 discrete ICD– Version 3.0: 2016)’’. errors in the preamble, regulations text, 10–PCS codes were listed in that table.) 10. On page 38249, second column, addendum, payment rates, tables, and We invite public’’. last paragraph, lines 23 and 24, the appendices included or referenced in (2) First full paragraph— parenthetical phrase ‘‘(for example, the the FY 2018 IPPS/LTCH PPS final rule (a) Line 3, the figure ‘‘28’’ is corrected MORT–30–PN measure)’’ is corrected to but does not make substantive changes to read ‘‘18’’. read ‘‘(for example, PN Payment to the policies or payment (b) Line 9, the figure ‘‘28’’ is corrected measure)’’. methodologies that were adopted in the to read ‘‘18’’. 11. On page 38257, third column, final rule. As a result, this correcting 3. On page 38068, top half of the page footnote paragraph (footnote 69), last document is intended to ensure that the (between the untitled tables) first line, the date ‘‘Mar 1997’’ is corrected to information in the FY 2018 IPPS/LTCH column— read ‘‘Mar 1977’’. PPS final rule accurately reflects the a. First paragraph, line 5, the figure 12. On page 38258, first column, third policies adopted in that final rule. ‘‘28’’ is corrected to read ‘‘18’’. paragraph—

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a. Lines 8 and 9, the reference ‘‘(78 FR a. Lines 21 through 23, the phrase amendatory instructions 41e and f are 50074;’’ is corrected to read ‘‘(79 FR (measure name) ‘‘Functional Outcome correctly added to read as follows: 50074;’’. Measure: Change in Mobility Among ‘‘d. Revising the paragraph (d) b. Line 9, the reference ‘‘80 FR Patients Requiring Ventilator Support heading. 49588).’’ is corrected to read ‘‘80 FR (NQF #2632).’’ is corrected to read e. In paragraph (d)(6)(i)(B)(1)(iv) by 49558).’’. ‘‘Functional Outcome Measure: Change removing the phrase ‘‘For an EHR 13. On page 38259, first column, first in Mobility Among Long-Term Care reporting period in 2017 only, an EP’’ partial paragraph, line 14, the date Hospital (LTCH) Patients Requiring and adding in its place the phrase ‘‘For ‘‘June 0’’ is corrected to read ‘‘June 30’’. Ventilator Support (NQF #2632).’’. an EHR reporting period in 2017 and 14. On page 38309, third column, first b. Lines 31 through 34, the phrase 2018, an EP’’. full paragraph, line 29 the figure (measure name) ‘‘Functional Outcome f. Revising paragraphs (d)(6)(i)(B)(2)(i) ‘‘1.28590’’ is corrected to read Measure: Change in Mobility Among and (ii), (d)(6)(ii)(B)(1)(iv), and ‘‘1.28593’’. Patients Requiring Ventilator Support (d)(6)(ii)(B)(2)(i) and (ii).’’ 15. On page 38310, first column— (NQF #2632)’’ is corrected to read a. First full paragraph, line 29, the ‘‘Functional Outcome Measure: Change C. Correction of Errors in the Addendum figure ‘‘0.9907845’’ is corrected to read in Mobility Among Long-Term Care 1. On page 38522 — ‘‘0.9907437’’. Hospital (LTCH) Patients Requiring b. Second full paragraph— a. Second column, first full (1) Line 5, the figure ‘‘1.28590’’ is Ventilator Support (NQF #2632).’’ paragraph— corrected to read ‘‘1.28593’’. 20. On page 38509, second column, (1) Line 3, the figure ‘‘0.997432’’ is (2) Line 6, the figure ‘‘0.9907845’’ is eighth full paragraph (List of subjects 42 corrected to read ‘‘0.997439’’. CFR 488), the paragraph is corrected by corrected to read ‘‘0.9907437’’. (2) Line 8, the figure ‘‘0.997432’’ is removing the paragraph. 16. On page 38426— corrected to read ‘‘0.997439’’. a. First column, second full B. Correction of Errors in the b. Third column— paragraph, line 21, the phrase ‘‘an Regulations Text (1) First full paragraph, line 9, the Application of Percent’’ is corrected to figure ‘‘1.001148’’ is corrected to read read ‘‘Application of Percent’’. 1. On page 38516, in the first column, b. Third column, third full paragraph, remove the part heading for part 488 ‘‘1.000882’’. line 10, the phrase ‘‘criteria; however and remove amendatory instructions 34 (2) Last paragraph, line 11 the figure should’’ is corrected to read ‘‘criteria. and 35 in their entirety. ‘‘0.988008’’ is corrected to read ‘‘0.987985’’. However, the measure should’’. § 495.4 [Corrected] 17. On page 38434, in the first 2. On page 38523, second column, column, second paragraph— 2. On page 38516, in the second first partial paragraph, line 2, the figure a. Line 29, the phrase ‘‘Stage 3 or 4 column, after amendatory instruction ‘‘0.993348’’ is corrected to read ulcers.’’ is corrected to read ‘‘Stage 3 or 39a, add amendatory instruction a2 to ‘‘0.993324’’. 4 pressure ulcers.’’. read— 3. On page 38527, lower two-thirds of b. Line 31, the phrase ‘‘Stage 1 and 2 ‘‘a2. In the definition of ‘‘Certified the page (after the first untitled table), ulcers decreased’’ is corrected to read electronic health record technology third column— ‘‘Stage 1 and 2 pressure ulcers (CEHRT)’’: a. First partial paragraph— decreased’’. i. In paragraph (1)(iii), removing the (1) Line 4, the figure ‘‘$26,601’’ is c. Line 32, the phrase ’’ of Stage 3 and phrase ‘‘for 2018 subsequent years’’ and corrected to read ‘‘$26,537’’. adding in its place the phrase ‘‘for 2019 4 ulcers’’ is corrected to read ‘‘of Stage (2) Line 5, the figure ‘‘85,942,484,975’’ and subsequent years’’; and 3 and 4 pressure ulcers’’. is corrected to read ‘‘$90,203,348,168’’. 18. On page 38440, third column, last ii. In the introductory text of (3) Line 6, the figure ‘‘$4,618,707,285’’ paragraph— paragraph (2), removing the phrase ‘‘For a. Lines 10 and 11, the phrase ‘‘That 2018 and subsequent years,’’ and adding is corrected to read ‘‘$4,600,554,656’’. nearly one third’’ is corrected to read in its place the phrase ‘‘For 2019 and (4) Line 17, the figure ‘‘$26,601’’ is ‘‘The fact that nearly one third’’. subsequent years,’’.’’ corrected to read ‘‘$26,537’’. b. Lines 16 and 17, the phrase ‘‘LTCH, b. First full paragraph, line 13, the and also indicates’’ is corrected to read § 495.24 [Corrected] figure ‘‘5.16’’ is corrected to read ‘‘5.17’’. ‘‘LTCH. It also indicates’’. 3. On page 38517, second column, c. Following the third full paragraph, 19. On page 38458, third column, sixth full paragraph, amendatory the untitled table is corrected to read as second full paragraph— instruction 41d is corrected and follows:

Operating Capital standardized federal amounts rate

National ...... 0.948998 0.948259

4. On page 38529, top of the page, the FY 2018 STANDARDIZED AMOUNTS’’, table titled ‘‘CHANGES FROM FY 2017 is corrected to read as follows: STANDARDIZED AMOUNTS TO THE

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CHANGES FROM FY 2017 STANDARDIZED AMOUNTS TO THE FY 2018 STANDARDIZED AMOUNTS

Hospital submitted quality Hospital submitted quality Hospital did NOT submit Hospital did NOT submit data and is a meaningful data and is NOT a quality data and is a quality data and is NOT a EHR user meaningful EHR user meaningful EHR user meaningful EHR user

FY 2018 Base Rate after removing: 1. FY 2017 Geo- If Wage Index is Greater If Wage Index is Greater If Wage Index is Greater If Wage Index is Greater graphic Reclassifica- Than 1.0000: Than 1.0000: Than 1.0000: Than 1.0000: tion Budget Neu- trality (0.988136). 2. FY 2017 Operating Labor (68.3%): Labor (68.3%): Labor (68.3%): Labor (68.3%): Outlier Offset $3,993.72. $3,993.72. $3,993.72. $3,993.72. (0.948998). 3. FY 2017 2-Midnight Nonlabor (30.4%): Nonlabor (30.4%): Nonlabor (30.4%): Nonlabor (30.4%): Rule One-Time Pro- $1,853.60. $1,853.60. $1,853.60. $1,853.60. spective Increase (1.006). 4. FY 2017 Labor Mar- If Wage Index is less If Wage Index is less If Wage Index is less If Wage Index is less ket Delineation Than or Equal to Than or Equal to Than or Equal to Than or Equal to Wage Index Transi- 1.0000: 1.0000: 1.0000: 1.0000: tion Budget Neu- trality Factor (0.999997). Labor (62%): $3,625.34 .... Labor (62%): $3,625.34 .... Labor (62%): $3,625.34 .... Labor (62%): $3,625.34. Nonlabor (38%): $2,221.98 Nonlabor (38%): $2,221.98 Nonlabor (38%): $2,221.98 Nonlabor (38%): $2,221.98. FY 2018 Update Factor ..... 1.0135 ...... 0.99325 ...... 1.00675 ...... 0.9865. FY 2018 MS–DRG Re- 0.997439 ...... 0.997439 ...... 0.997439 ...... 0.997439. calibration Budget Neu- trality Factor. FY 2018 Wage Index 1.000882 ...... 1.000882 ...... 1.000882 ...... 1.000882. Budget Neutrality Factor. FY 2018 Reclassification 0.987985 ...... 0.987985 ...... 0.987985 ...... 0.987985. Budget Neutrality Factor. FY 2018 Operating Outlier 0.948998 ...... 0.948998 ...... 0.948998 ...... 0.98998. Factor. Adjustment for FY 2018 1.004588 ...... 1.004588 ...... 1.004588 ...... 1.004588. Required under Section 414 of Pub. L. 114–10 (MACRA) and Section 15005 of Pub. L. 114– 255. National Standardized Labor: $3,806.04 ...... Labor: $3,729.99 ...... Labor: $3,780.69 ...... Labor: $3,704.65. Amount for FY 2018 if Nonlabor: $1,766.49 ...... Nonlabor: $1,731.20 ...... Nonlabor: $1,754.73 ...... Nonlabor: $1,719.43. Wage Index is Greater Than 1.0000; Labor/Non- Labor Share Percentage (68.3/31.7). National Standardized Labor: $3,454.97 ...... Labor: $3,385.94 ...... Labor: $3,431.96 ...... Labor: $3,362.93. Amount for FY 2018 if Nonlabor: $2,117.56 ...... Nonlabor: $2,075.25 ...... Nonlabor: $2,103.46 ...... Nonlabor: $2,061.15. Wage Index is less Than or Equal to 1.0000; Labor/Non-Labor Share Percentage (62/38).

5. On page 38532, lower two-thirds of (2) Second full paragraph— b. Second column— the page (after the untitled table)— (a) Lines 5 and 6, the phrase ‘‘outlier (1). First partial paragraph, line 8, the a. First column, second full adjustment of 0.9484 is a 1.04 percent figure ‘‘0.9837’’ is corrected to read paragraph, line 13, the figure change’’ is corrected to read ‘‘outlier ‘‘0.9838’’. ‘‘0.997432’’ is corrected to read adjustment of 0.9483 is a 1.03 percent (2). Third full paragraph— ‘‘0.997439’’. change’’. (a) Line 1, the figure ‘‘0.9986’’ is b. Third column, second full (b) Line 10, the figures ‘‘1.0104 corrected to read ‘‘0.9987’’. paragraph, line 6, the figure ‘‘1.61’’ is (0.9484/0.9386)’’ are corrected to read (b) Line 3, the figure ‘‘0.9994’’ is corrected to read ‘‘1.60’’. ‘‘1.0103(0.9483/0.9386)’’. corrected to read ‘‘0.9995’’. 6. On page 38534— (c) Line 12, the figure ‘‘1.04’’ is a. First column— corrected to read ‘‘1.03’’. c. Third column— (1) First full paragraph— (3) Fourth full paragraph— (1). First full paragraph— (a) Line 8, the figure ‘‘5.16’’ is (a) Line 13, the figure ‘‘0.9994’’ is (a) Line 4, the figure ‘‘1.61’’ is corrected to read ‘‘5.17’’. corrected to read ‘‘0.9995’’. corrected to read ‘‘1.60’’. (b) Line 12, the figure ‘‘0.9484’’ is (b) Line 16, the figure ‘‘0.9844’’ is (b) Line 15, the figure ‘‘$453.97’’ is corrected to read ‘‘0.9483’’. corrected to read ‘‘0.99845’’. corrected to read ‘‘$453.95’’.

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(c) Second bulleted paragraph, last (1) Line 15, the figure ‘‘0.14’’ is (1) Second column, first partial line, the figure ‘‘0.9986’’ is corrected to corrected to read ‘‘0.13’’. paragraph, last line, the figure ‘‘1.61’’ is read ‘‘0.9987’’. (2) Line 18, the figure ‘‘1.04’’ is corrected to read ‘‘1.60’’. (d) Third bulleted paragraph, last line, corrected to read ‘‘1.03’’. (2) The table titled ‘‘COMPARISON the figure ‘‘0.9484’’ is corrected to read OF FACTORS AND ADJUSTMENTS: FY 7. On page 38535— 2017 CAPITAL FEDERAL RATE AND ‘‘0.9483’’. a. Top of page— FY 2018 CAPITAL FEDERAL RATE’’ is (e) Last paragraph— corrected to read as follows:

COMPARISON OF FACTORS AND ADJUSTMENTS: FY 2017 CAPITAL FEDERAL RATE AND FY 2018 CAPITAL FEDERAL RATE

FY 2017 FY 2018 Change Percent change 3

Update Factor 1 ...... 1.0090 1.0130 1.0130 1.30 GAF/DRG Adjustment Factor 1 ...... 0.9990 0.9987 0.9987 ¥0.13 Outlier Adjustment Factor 2 ...... 0.9386 0.9483 1.0103 1.03 Removal of One-Time 2-Midnight Policy Adjustment Factor ...... 1.0060 1/1.006 0.9940 ¥0.60 Capital Federal Rate ...... $446.79 $453.95 1.0160 1.60 1 The update factor and the GAF/DRG budget neutrality adjustment factors are built permanently into the capital Federal rates. Thus, for exam- ple, the incremental change from FY 2017 to FY 2018 resulting from the application of the 0.9987 GAF/DRG budget neutrality adjustment factor for FY 2018 is a net change of 0.9987 (or -0.13 percent). 2 The outlier reduction factor is not built permanently into the capital Federal rate; that is, the factor is not applied cumulatively in determining the capital Federal rate. Thus, for example, the net change resulting from the application of the FY 2018 outlier adjustment factor is 0.9483/ 0.9386 or 1.0103 (or 1.03 percent). 3 Percent change may not sum due to rounding.

b. Middle of page, the table titled ADJUSTMENTS: PROPOSED FY 2018 FY 2018 CAPITAL FEDERAL RATE’’ is ‘‘COMPARISON OF FACTORS AND CAPITAL FEDERAL RATE AND FINAL corrected to read as follows:

COMPARISON OF FACTORS AND ADJUSTMENTS: PROPOSED FY 2018 CAPITAL FEDERAL RATE AND FINAL FY 2018 CAPITAL FEDERAL RATE

Proposed Final Percent FY 2018 FY 2018 Change change

Update Factor 1 ...... 1.0120 1.0130 1.0010 1.10 GAF/DRG Adjustment Factor 1 ...... 0.9992 0.9987 0.9985 ¥0.05 Outlier Adjustment Factor 2 ...... 0.9434 0.9483 1.0052 0.52 Removal of One-Time 2-Midnight Policy Adjustment Factor ...... 1/1.006 1/1.006 0.0000 0.00 Capital Federal Rate ...... $451.37 $453.95 1.0057 0.57

c. Lower third of the page, first b. Line 11, the figure ‘‘1.0006434’’ is (2) Last line, the figure, ‘‘$26,601’’ is column, second full paragraph, last line, corrected to read ‘‘1.0002704’’. corrected to read ‘‘$26,537’’. the figure, ‘‘$26,601’’ is corrected to 10. On page 38544— b. Third column, second full read ‘‘$26,537’’. a. First column— paragraph, line 3, the figure, ‘‘$26,601’’ 8. On page 38537— (1) First partial paragraph— is corrected to read ‘‘$26,537’’. a. First column last paragraph— (a) Line 6, the figure ‘‘27,382’’ is 11. On page 38546, third column— (1) Line 22, the figure ‘‘1.0006434’’ is corrected to read ‘‘27,381’’. a. Second full paragraph, line 27, the corrected to read ‘‘1.0002704’’. (b) Last line, the figure ‘‘27,382’’ is figure ‘‘$41,430.56’’ is corrected to read (2) Line 35, the figure ‘‘$41,430.56’’ is corrected to read ‘‘27,381’’. ‘‘$41,415.11’’. corrected to read ‘‘$41,415.11’’. (2) First full paragraph— b. Last paragraph, line 7, the figure (3) Line 36, the figure ‘‘1.0006434’’ is (a) Line 4, the figure ‘‘27,382’’ is ‘‘1.0547’’ is corrected to read ‘‘1.0553’’. corrected to read ‘‘1.0002704’’. corrected to read ‘‘27,381’’. 12. On page 38547, top of the page— b. Second column, first partial (b) Line 27, the figure ‘‘27,240’’ is a. Second column, partial paragraph— paragraph— corrected to read ‘‘27,239’’. (1) Line 2, the figure ‘‘$41,430.56’’ is (1) Line 5, the figure ‘‘40,610.16’’ is (3) Second column, first partial corrected to read ‘‘$41,415.11’’. corrected to read ‘‘$40,595.02’’. paragraph, line 25, the figure ‘‘27,382’’ (2) Line 3, the figure ‘‘1.0547’’ is (2) Line 6, the figure ‘‘1.0006434’’ is is corrected to read ‘‘27,381’’. corrected to read ‘‘1.0553’’. corrected to read ‘‘1.0002704’’. 10. On page 38545— b. Third column, partial paragraph, 9. On page 38539, second column, a. Second column, second full line 5, the figure ‘‘$41,449.71’’ is fourth full paragraph— paragraph— corrected to read ‘‘$41,450.13’’. a. Line 6, the figure ‘‘1.0006434’’ is (1) Line 14, the figure, ‘‘$26,601’’ is c. Untitled table, the table is corrected corrected to read ‘‘1.0002704’’. corrected to read ‘‘$26,537’’. to read as follows:

LTCH PPS Standard Federal Payment Rate ...... $41,415.11 Labor-Related Share ...... × 0.662 Labor-Related Portion of the LTCH PPS Standard Federal Payment Rate ...... = $27,416.80 Wage Index (CBSA 16974) ...... × 1.0553

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Wage-Adjusted Labor Share of LTCH PPS Standard Federal Payment Rate ...... = $28,932.95 Nonlabor-Related Portion of the LTCH PPS Standard Federal Payment Rate ($41,415.11 x 0.338) ...... + $13,998.31 Adjusted LTCH PPS Standard Federal Payment Amount ...... = $42,931.26 MS–LTC–DRG 189 Relative Weight ...... × 0.9655 Total Adjusted LTCH PPS Standard Federal Payment Rate ...... = $41,450.13

13. On page 38548— STANDARDIZED AMOUNTS, LABOR/ SHARE IF WAGE INDEX IS GREATER a. Middle of the page, NONLABOR [(68.3 PERCENT LABOR THAN 1)—FY 2018’’] is corrected to (1) The table titled ‘‘TABLE 1A.— SHARE/31.7 PERCENT NONLABOR read as follows: NATIONAL ADJUSTED OPERATING

TABLE 1A—NATIONAL ADJUSTED OPERATING STANDARDIZED AMOUNTS, LABOR/NONLABOR [(68.3 percent labor share/31.7 percent nonlabor share if wage index is greater than 1)—FY 2018]

Hospital submitted quality data Hospital submitted quality data Hospital did NOT submit quality Hospital did NOT submit quality and is a meaningful EHR user and is not a meaningful EHR user data and is a meaningful EHR data and is NOT a meaningful (update = 1.35 percent) (update = ¥0.675 percent) user EHR user (update = 0.675 percent) (update = ¥1.35 percent) Labor Nonlabor Labor Nonlabor Labor Nonlabor Labor Nonlabor

$3,806.04 $1,766.49 $3,729.99 $1,731.20 $3,780.69 $1,754.73 $3,704.65 $1,719.43

(2) The table titled ‘‘TABLE 1B.— NONLABOR [(62 PERCENT LABOR THAN OR EQUAL TO 1)—FY 2018]’’ is NATIONAL ADJUSTED OPERATING SHARE/38 PERCENT NONLABOR corrected to read as follows: STANDARDIZED AMOUNTS, LABOR/ SHARE IF WAGE INDEX IS LESS

TABLE 1B—NATIONAL ADJUSTED OPERATING STANDARDIZED AMOUNTS, LABOR/NONLABOR [(62 percent labor share/38 percent nonlabor share if wage index is less than or equal to 1)—FY 2018]

Hospital submitted quality data Hospital submitted quality data Hospital did NOT submit quality Hospital did NOT submit quality and is a meaningful EHR user and is not a meaningful EHR user data and is a meaningful EHR data and is NOT a meaningful (update = 1.35 percent) (update = ¥0.675 percent) user EHR user (update = 0.675 percent) (update = ¥1.35 percent) Labor Nonlabor Labor Nonlabor Labor Nonlabor Labor Nonlabor

$3,454.97 $2,117.56 $3,385.94 $2,075.25 $3,431.96 $2,103.46 $3,362.93 $2,061.15

(3) The table titled ‘‘TABLE 1C.— LABOR/NONLABOR [(NATIONAL: 62 1);—FY 2018]’’ is corrected to read as ADJUSTED OPERATING PERCENT LABOR SHARE/38 PERCENT follows: STANDARDIZED AMOUNTS FOR NONLABOR SHARE BECAUSE WAGE HOSPITALS IN PUERTO RICO, INDEX IS LESS THAN OR EQUAL TO

TABLE 1C—ADJUSTED OPERATING STANDARDIZED AMOUNTS FOR HOSPITALS IN PUERTO RICO, LABOR/NONLABOR [(National: 62 percent labor share/38 percent nonlabor share because wage index is less than or equal to 1);—FY 2018]

Rates if wage index is greater than 1 Rates if wage index is less Standardized amount than or equal to 1 Labor Nonlabor Labor Nonlabor

National 1 ...... Not Applicable ...... Not Applicable ...... $3,454.97 $2,117.56 1 For FY 2018, there are no CBSAs in Puerto Rico with a national wage index greater than 1.

b. Bottom of the page— TABLE 1D—CAPITAL STANDARD PAYMENT RATE [FY 2018]’’ is (1) The table titled ‘‘TABLE 1D.— FEDERAL PAYMENT RATE corrected to read as follows: CAPITAL STANDARD FEDERAL [FY 2018] PAYMENT RATE [FY 2018]’’ is corrected to read as follows: Rate

National ...... $453.95

(2) The table titled ‘‘TABLE 1E.— LTCH PPS STANDARD FEDERAL

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TABLE 1E—LTCH PPS STANDARD FEDERAL PAYMENT RATE [FY 2018]

Reduced Full update update * (1 percent) (¥1.0 percent)

Standard Federal Payment Rate ...... $41,415.11 $40,595.02

D. Corrections of Errors in the ‘‘TABLE I.—IMPACT ANALYSIS OF OPERATING COSTS FOR FY 2018’’ are Appendices CHANGES TO THE IPPS FOR corrected to read as follows: 1. On pages 38552 through 38554, the BILLING CODE 4120–01–P table and table notes for the table titled

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BILLING CODE 4120–01–C

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2. On page 38555, a. First column, third full paragraph, the figure ‘‘$44 million’’ is corrected to a. Second column, second full line 6, the figure ‘‘0.988008’’ is read ‘‘$43 million’’. paragraph— corrected to read ‘‘0.987985’’. 5. On pages 38557 and 38558, the (1) Line 6, the figure ‘‘0.997432’’ is b. Third column— corrected to read ‘‘0.997439’’. (1) First full paragraph, line 8, the table titled ‘‘FY 2018 IPPS ESTIMATED (2) Line 14, the figure ‘‘0.2’’ is figure ‘‘0.993348’’ is corrected to read PAYMENTS DUE TO RURAL AND corrected to read ‘‘0.1’’. ‘‘0.993324’’. IMPUTED FLOOR WITH NATIONAL b. Third column, first full paragraph, (2) Last paragraph, line 5, the figure BUDGET NEUTRALITY’’ is corrected to line 26, the figure ‘‘1.001148’’ is ‘‘0.993348’’ is corrected to read read as follows: corrected to read ‘‘1.000882’’. ‘‘0.993324’’. 3. On page 38556, lower half of the 4. On page 38557, top of the page, first page— column, first partial paragraph, line 20,

FY 2018 IPPS ESTIMATED PAYMENTS DUE TO RURAL AND IMPUTED FLOOR WITH NATIONAL BUDGET NEUTRALITY

Percent change in Number of payments due hospitals that to application State Number of will receive the of rural floor Difference hospitals rural or and imputed (in $ millions) imputed floor floor with budget neutrality

(1) (2) (3) (4)

Alabama ...... 84 3 ¥0.3 ¥5 Alaska ...... 6 4 1.4 3 Arizona ...... 57 38 0.4 7 Arkansas ...... 44 1 ¥0.3 ¥4 California ...... 299 177 1.2 134 Colorado ...... 47 4 0.4 5 Connecticut ...... 30 7 0.1 2 Delaware ...... 6 6 1.8 8 Washington, DC ...... 7 0 ¥0.4 ¥2 Florida ...... 171 17 ¥0.2 ¥16 Georgia ...... 103 0 ¥0.3 ¥9 Hawaii ...... 12 0 ¥0.3 ¥1 Idaho ...... 14 0 ¥0.2 ¥1 Illinois ...... 127 3 ¥0.4 ¥17 Indiana ...... 85 0 ¥0.3 ¥8 Iowa ...... 34 0 ¥0.3 ¥3 Kansas ...... 53 0 ¥0.3 ¥3 Kentucky ...... 66 0 ¥0.3 ¥5 Louisiana ...... 94 2 ¥0.3 ¥5 Maine ...... 17 0 ¥0.4 ¥2 Massachusetts ...... 57 36 1.3 43 Michigan ...... 94 0 ¥0.3 ¥14 Minnesota ...... 49 0 ¥0.3 ¥6 Mississippi ...... 60 0 ¥0.3 ¥4 Missouri ...... 74 0 ¥0.2 ¥6 Montana ...... 13 4 0 0 Nebraska ...... 24 0 ¥0.3 ¥2 Nevada ...... 23 0 ¥0.4 ¥3 New Hampshire ...... 13 9 3.7 20 New Jersey ...... 64 17 ¥0.1 ¥4 New Mexico ...... 25 0 ¥0.2 ¥1 New York ...... 154 11 ¥0.3 ¥23 North Carolina ...... 84 0 ¥0.3 ¥10 North Dakota ...... 6 0 ¥0.2 ¥1 Ohio ...... 128 6 ¥0.3 ¥12 Oklahoma ...... 84 4 ¥0.2 ¥3 Oregon ...... 34 5 ¥0.3 ¥3 Pennsylvania ...... 150 3 ¥0.4 ¥17 Puerto Rico ...... 52 10 0.2 0 Rhode Island ...... 11 10 5.0 19 South Carolina ...... 56 0 ¥0.3 ¥5 South Dakota ...... 17 0 ¥0.2 ¥1 Tennessee ...... 91 3 ¥0.3 ¥8 Texas ...... 310 4 ¥0.3 ¥22 Utah ...... 31 1 ¥0.3 ¥2 Vermont ...... 6 0 ¥0.2 0 Virginia ...... 73 1 ¥0.3 ¥7 Washington ...... 48 3 ¥0.2 ¥5 West Virginia ...... 29 3 ¥0.1 ¥1

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FY 2018 IPPS ESTIMATED PAYMENTS DUE TO RURAL AND IMPUTED FLOOR WITH NATIONAL BUDGET NEUTRALITY— Continued

Percent change in Number of payments due hospitals that to application State Number of will receive the of rural floor Difference hospitals rural or and imputed (in $ millions) imputed floor floor with budget neutrality

(1) (2) (3) (4)

Wisconsin ...... 66 8 ¥0.2 ¥3 Wyoming ...... 10 0 ¥0.1 0

6. On pages 38559 and 38560, the ACUTE CARE HOSPITAL OPERATING (PAYMENTS PER DISCHARGE)’’ is table titled ‘‘TABLE II.—IMPACT PROSPECTIVE PAYMENT SYSTEM corrected to read as follows: ANALYSIS OF CHANGES FOR FY 2018

TABLE II—IMPACT ANALYSIS OF CHANGES FOR FY 2018 ACUTE CARE HOSPITAL OPERATING PROSPECTIVE PAYMENT SYSTEM [Payments per discharge]

Estimated Estimated average average Number of FY 2017 FY 2018 FY 2018 hospitals payment per payment per changes discharge discharge

(1) (2) (3) (4)

All Hospitals ...... 3,292 $11,867 $12,024 1.3 By Geographic Location: Urban hospitals ...... 2,492 12,207 12,379 1.4 Large urban areas ...... 1,340 12,881 13,061 1.4 Other urban areas ...... 1,152 11,477 11,642 1.4 Rural hospitals ...... 800 8,911 8,930 0.2 Bed Size (Urban): 0–99 beds ...... 648 9,730 9,813 0.8 100–199 beds ...... 763 10,248 10,404 1.5 200–299 beds ...... 441 11,079 11,245 1.5 300–499 beds ...... 426 12,366 12,538 1.4 500 or more beds ...... 214 15,011 15,224 1.4 Bed Size (Rural): 0–49 beds ...... 318 7,523 7,486 ¥0.5 50–99 beds ...... 282 8,487 8,372 ¥1.4 100–149 beds ...... 117 8,896 8,966 0.8 150–199 beds ...... 44 9,292 9,410 1.3 200 or more beds ...... 39 10,514 10,679 1.6 Urban by Region: New England ...... 114 13,125 13,303 1.4 Middle Atlantic ...... 315 13,819 13,967 1.1 South Atlantic ...... 404 10,783 10,952 1.6 East North Central ...... 385 11,537 11,727 1.6 East South Central ...... 147 10,245 10,375 1.3 West North Central ...... 160 11,915 12,107 1.6 West South Central ...... 378 10,948 11,134 1.7 Mountain ...... 162 12,824 12,898 0.6 Pacific ...... 375 15,634 15,867 1.5 Puerto Rico...... 52 8,851 8,947 1.1 Rural by Region: New England ...... 20 12,091 12,166 0.6 Middle Atlantic...... 53 8,891 8,812 ¥0.9 South Atlantic ...... 125 8,274 8,269 ¥0.1 East North Central ...... 115 9,224 9,144 ¥0.9 East South Central ...... 154 7,900 7,987 1.1 West North Central ...... 97 9,736 9,794 0.6 West South Central ...... 154 7,539 7,587 0.6 Mountain ...... 58 10,620 10,718 0.9 Pacific ...... 24 12,466 12,517 0.4 By Payment Classification: Urban hospitals ...... 2,373 12,148 12,320 1.4

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TABLE II—IMPACT ANALYSIS OF CHANGES FOR FY 2018 ACUTE CARE HOSPITAL OPERATING PROSPECTIVE PAYMENT SYSTEM—Continued [Payments per discharge]

Estimated Estimated average average Number of FY 2017 FY 2018 FY 2018 hospitals payment per payment per changes discharge discharge

(1) (2) (3) (4)

Large urban areas ...... 1,354 12,867 13,047 1.4 Other urban areas ...... 1,019 11,200 11,362 1.4 Rural areas ...... 919 10,568 10,656 0.8 Teaching Status: Nonteaching ...... 2,204 9,850 9,967 1.2 Fewer than 100 residents ...... 839 11,372 11,535 1.4 100 or more residents ...... 249 17,228 17,461 1.4 Urban DSH: Non-DSH ...... 551 10,357 10,456 1.0 100 or more beds ...... 1,543 12,512 12,689 1.4 Less than 100 beds ...... 370 8,960 9,102 1.6 Rural DSH: SCH ...... 257 9,526 9,578 0.5 RRC ...... 293 11,384 11,568 1.6 100 or more beds ...... 34 10,297 10,339 0.4 Less than 100 beds ...... 244 7,035 6,764 ¥3.9 Urban teaching and DSH: Both teaching and DSH ...... 863 13,579 13,766 1.4 Teaching and no DSH ...... 92 11,410 11,522 1.0 No teaching and DSH ...... 1,050 10,217 10,374 1.5 No teaching and no DSH ...... 368 9,854 10,000 1.5 Special Hospital Types: RRC ...... 263 11,165 11,360 1.8 SCH ...... 316 10,774 10,820 0.4 SCH and RRC ...... 131 11,265 11,362 0.9 Type of Ownership: Voluntary ...... 1,914 12,058 12,212 1.3 Proprietary ...... 863 10,392 10,554 1.6 Government ...... 513 12,810 12,980 1.3 Medicare Utilization as a Percent of Inpatient Days: 0–25 ...... 554 14,910 15,115 1.4 25–50 ...... 2,149 11,728 11,890 1.4 50–65 ...... 485 9,617 9,695 0.8 Over 65 ...... 103 7,591 7,444 ¥1.9 FY 2018 Reclassifications by the Medicare Geographic Classification Re- view Board: All Reclassified Hospitals ...... 858 11,661 11,830 1.5 Non-Reclassified Hospitals ...... 2,434 11,956 12,108 1.3 Urban Hospitals Reclassified ...... 590 12,202 12,396 1.6 Urban Nonreclassified Hospitals ...... 1,858 12,210 12,381 1.4 Rural Hospitals Reclassified Full Year ...... 268 9,339 9,399 0.7 Rural Nonreclassified Hospitals Full Year ...... 485 8,422 8,379 ¥0.5 All Section 401 Reclassified Hospitals: ...... 166 12,504 12,677 1.4 Other Reclassified Hospitals (Section 1886(d)(8)(B)) ...... 47 8,122 8,165 0.5

7. On pages 38561 through 38564 in hospitals that are eligible to receive payments and that has uncompensated the section titled ‘‘Effects of the Changes Medicare DSH payments will receive 25 care. Each hospital eligible for Medicare to Medicare DSH and Uncompensated percent of the amount they previously DSH payments will receive an Care Payments for FY 2018’’ (which would have received under the statutory additional payment based on its begins with the phrase ‘‘As discussed in formula for Medicare DSH payments estimated share of the total amount of section V.G of the preamble’’ and ends under section 1886(d)(5)(F) of the Act. uncompensated care for all hospitals with the phrase ‘‘hospitals are projected The remainder, equal to an estimate of eligible for Medicare DSH payments. to receive large increases’’) the section 75 percent of what formerly would have The uncompensated care payment is corrected to read as follows: been paid as Medicare DSH payments methodology has redistributive effects ‘‘5. Effects of the Changes to Medicare (Factor 1), reduced to reflect changes in based on the proportion of a hospital’s DSH and Uncompensated Care the percentage of uninsured individuals uncompensated care relative to the Payments for FY 2018. and additional statutory adjustments uncompensated care for all hospitals As discussed in section V.G. of the (Factor 2), is available to make eligible for Medicare DSH payments preamble of this final rule, under additional payments to each hospital (Factor 3). section 3133 of the Affordable Care Act, that qualifies for Medicare DSH

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For FY 2018, we are establishing a 2014 cost reporting years to determine of uncompensated care, such as Factor 2 of 58.01 percent determined Factor 3 is based on our FY 2017 final combining data from multiple cost using the uninsured estimates produced policy (81 FR 56943 through 56973), reports beginning in the same fiscal year by CMS’ Office of the Actuary (OACT) which is in contrast to the methodology and calculating Factor 3 based on an as part of the development of the used in FY 2016, when we used average of the three individual Factor 3s National Health Expenditure Accounts Medicaid days from the more recent of for FYs 2012, 2013, and 2014, (NHEA). Although we are continuing to a hospital’s full year 2012 or 2011 cost determined by adding the Factor 3 use low-income insured patient days as report from the March 2015 update of values for these years, and dividing by a proxy for uncompensated care, for the the HCRIS database, Medicaid days the number of cost reporting periods first time, we are using these data in from 2012 cost report data submitted to with data. combination with data on CMS by IHS hospitals, and SSI days To estimate the impact of the uncompensated care costs from from the FY 2013 SSI ratios to calculate combined effect of changes in Factors 1 Worksheet S–10 in the calculation of Factor 3. In addition, as explained in and 2, as well as the changes to the data Factor 3. The uncompensated care section V.G.4.c. of the preamble of this used in determining Factor 3, on the payment methodology has redistributive final rule, we are making several calculation of Medicare DSH payments, effects based on the proportion of a additional modifications to the Factor 3 including both empirically justified hospital’s uncompensated care relative methodology: (1) To annualize Medicaid Medicare DSH payments and to the total uncompensated care for all data and uncompensated care data if a uncompensated care payments, we hospitals eligible for Medicare DSH hospital’s cost report does not equal 12 compared total DSH payments payments. The change to Medicare DSH months of data; (2) to apply a scaling estimated in the FY 2017 IPPS/LTCH payments under section 3133 of the factor to the uncompensated care PPS final rule to total DSH payments Affordable Care Act is not budget payment amount calculated for each estimated in this FY 2018 IPPS/LTCH neutral. DSH eligible hospital so that total PPS final rule. For FY 2017, for each In this final rule, we are establishing uncompensated care payments are hospital, we calculated the sum of: (1) the amount to be distributed as consistent with the estimated amount 25 percent of the estimated amount of uncompensated care payments to DSH available to make uncompensated care what would have been paid as Medicare eligible hospitals, which for FY 2018 is payments for FY 2018; (3) to apply DSH in FY 2017 in the absence of $6,766,695,163.56. This figure statistical trims to the CCRs on section 3133 of the Affordable Care Act; represents 75 percent of the amount that Worksheet S–10 that are considered and (2) 75 percent of the estimated otherwise would have been paid for anomalies to ensure reasonable CCRs amount of what would have been paid Medicare DSH payment adjustments are used to convert charges to costs for as Medicare DSH payments in the adjusted by a Factor 2 of 58.01 percent. purposes of determining absence of section 3133 of the For FY 2017, the amount available to be uncompensated care costs; (4) to Affordable Care Act, adjusted by a distributed for uncompensated care was calculate Factor 3 for Puerto Rico Factor 2 of 55.36 percent and multiplied $5,977,483,146.86, or 75 percent of the hospitals, all-inclusive rate providers, by a Factor 3 calculated as described in amount that otherwise would have been and Indian Health Service and Tribal the FY 2017 IPPS/LTCH PPS final rule. paid for Medicare DSH payment hospitals by substituting data regarding For FY 2018, we calculated the sum of: adjustments adjusted by a Factor 2 of low-income insured days for FY 2013 (1) 25 percent of the estimated amount 55.36 percent. To calculate Factor 3 for for the Worksheet S–10 data on of what would be paid as Medicare DSH FY 2018, we used an average of data uncompensated care costs from FY 2014 payments in FY 2018 absent section computed using Medicaid days from cost reports; and (5) to determine the 3133 of the Affordable Care Act; and (2) hospitals’ 2012 and 2013 cost reports ratio of uncompensated care costs 75 percent of the estimated amount of from the March 2017 update of the relative to total operating costs on the what would be paid as Medicare DSH HCRIS database, uncompensated care hospital’s 2014 cost report (as of March payments absent section 3133 of the costs from hospitals’ 2014 cost reports 2017), and in cases where the ratio of Affordable Care Act, adjusted by a from the same extract of HCRIS, uncompensated care costs relative to Factor 2 of 58.01 percent and multiplied Medicaid days from 2012 cost report total operating costs exceeds 50 percent, by a Factor 3 calculated using the data submitted to CMS by IHS hospitals, to determine the ratio of uncompensated methodology described previously. and SSI days from the FY 2014 and FY care costs to total operating costs from Our analysis included 2,438 hospitals 2015 SSI ratios. For each eligible the hospital’s 2015 cost report (as of that are projected to be eligible for DSH hospital, we calculated an individual March 2017) and apply that ratio to the in FY 2018. It did not include hospitals Factor 3 for cost reporting years FYs hospital’s total operating costs from its that had terminated their participation 2012, 2013, and 2014. We then added 2014 cost report to determine in the Medicare program as of July 1, the individual amounts and divided the uncompensated care costs for FY 2014. 2017, Maryland hospitals, and SCHs sum by the number of cost reporting We also are continuing the policies that are expected to be paid based on periods with data to calculate an that were finalized in the FY 2015 IPPS/ their hospital specific rates. In addition, average Factor 3 for FY 2018. For LTCH PPS final rule (79 FR 50020 data from merged or acquired hospitals purposes of this final rule, as we through 50022) to address several were combined under the surviving proposed, we used the most recent data specific issues concerning the process hospital’s CCN, and the non-surviving from the March 2017 update of the and data to be employed in determining CCN was excluded from the analysis. HCRIS database for the Medicaid days Factor 3 in the case of hospital mergers The estimated impact of the changes to component of the Factor 3 calculation as for FY 2018 and subsequent years, as Factors 1, 2, and 3 across all hospitals well as for the Worksheet S–10 well as continuing the policies finalized projected to be eligible for DSH uncompensated care cost component. in the FY 2017 IPPS/LTCH PPS final payments in FY 2018, by hospital The FY 2018 policy of using data from rule concerning the methodology for characteristic, is presented in the hospitals’ FY 2012, FY 2013, and FY calculating each hospital’s relative share following table.

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MODELED DISPROPORTIONATE SHARE HOSPITAL PAYMENTS FOR ESTIMATED FY 2018 DSHSBYHOSPITAL TYPE: MODEL DSH $ (IN MILLIONS) FROM FY 2017 TO FY 2018

Number of FY 2017 final FY 2018 final Dollar estimated rule estimated rule estimated difference: FY Percent DSHs DSH DSH 2017–FY 2018 change ** (FY 2018) $ (in millions) $ (in millions) (in millions)

(1) (2) (3) (4) (5)

Total ...... 2,438 $9,553 $10,630 $1,077 11.3 By Geographic Location: Urban Hospitals ...... 1,938 9,113 10,110 996 10.9 Large Urban Areas ...... 1,043 5,717 6,377 660 11.5 Other Urban Areas ...... 895 3,396 3,733 336 9.9 Rural Hospitals ...... 500 439 520 80 18.3 Bed Size (Urban): 0 to 99 Beds ...... 342 185 241 57 30.7 100 to 249 Beds ...... 843 2,154 2,386 233 10.8 250+ Beds ...... 753 6,775 7,482 707 10.4 Bed Size (Rural): 0 to 99 Beds ...... 371 190 238 48 25.2 100 to 249 Beds ...... 115 193 221 28 14.6 250+ Beds ...... 14 56 60 5 8.2 Urban by Region: New England ...... 91 387 415 29 7.4 Middle Atlantic ...... 241 1,570 1,643 73 4.7 South Atlantic ...... 316 1,724 2,037 314 18.2 East North Central ...... 322 1,252 1,372 120 9.6 East South Central ...... 131 566 618 53 9.3 West North Central ...... 103 439 488 48 11.0 West South Central ...... 257 1,165 1,448 283 24.3 Mountain ...... 121 448 497 49 11.0 Pacific ...... 316 1,448 1,463 15 1.0 Puerto Rico ...... 40 116 129 13 10.9 Rural by Region: New England ...... 12 16 21 5 32.0 Middle Atlantic ...... 25 33 32 ¥1 ¥3.9 South Atlantic ...... 86 92 115 23 25.2 East North Central ...... 68 44 58 13 29.9 East South Central ...... 136 141 150 9 6.2 West North Central ...... 30 19 23 4 22.1 West South Central ...... 111 72 95 23 32.1 Mountain ...... 27 15 20 5 32.2 Pacific ...... 5 7 6 ¥1 ¥11.4 By Payment Classification: Urban Hospitals ...... 1,928 9,106 10,101 994 10.9 Large Urban Areas ...... 1,043 5,717 6,377 660 11.5 Other Urban Areas ...... 885 3,389 3,724 334 9.9 Rural Hospitals ...... 510 447 529 82 18.5 Teaching Status: Nonteaching ...... 1,526 2,955 3,276 321 10.9 Fewer than 100 residents ...... 669 3,213 3,501 288 9.0 100 or more residents ...... 243 3,384 3,853 468 13.8 Type of Ownership: Voluntary ...... 1,434 5,971 6,533 563 9.4 Proprietary ...... 552 1,650 1,662 12 0.7 Government ...... 452 1,932 2,434 502 30.0 Medicare Utilization Percent: Missing or Unknown ...... 15 1 15 14 2147.4 0 to 25 ...... 425 2,972 3,365 393 13.2 25 to 50 ...... 1,642 6,218 6,829 611 9.8 50 to 65 ...... 310 352 408 57 16.1 Greater than 65 ...... 46 11 13 2 17.4 Source: Dobson | DaVanzo analysis of 2012–2014 Hospital Cost Reports. * Dollar DSH calculated by [0.25 * estimated section 1886(d)(5)(F) payments] + [0.75 * estimated section 1886(d)(5)(F) payments * Factor 2 * Factor 3]. When summed across all hospitals projected to receive DSH payments, DSH payments are estimated to be $9,553 million in FY 2017 and $10,630 million in FY 2018. ** Percentage change is determined as the difference between Medicare DSH payments modeled for the FY 2018 IPPS/LTCH PPS final rule (column 3) and Medicare DSH payments modeled for the FY 2017 IPPS/LTCH PPS final rule (column 2) divided by Medicare DSH payments modeled for the FY 2017 final rule (column 2) times 100 percent.

Changes in projected FY 2018 DSH 2017 are primarily driven by (1) changes $10.797 billion to $11.665 billion; (2) payments from DSH payments in FY to Factor 1, which increased from changes to Factor 2, which increased

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from 55.36 percent to 58.01 percent; (3) for DSH in FY 2018. Rural hospitals that increase of 13.8 percent. Voluntary changes to the data used to determine have 0–99 beds are projected to hospitals are expected to receive a 9.4 Factor 3; and (4) changes to the number experience a 25.2 percent payment percent increase, which is somewhat of DSH-eligible hospitals within a given increase, those with 100–249 beds are smaller than the overall percent change, hospital type. The impact analysis projected to receive a 14.6 percent while proprietary hospitals are expected found that, across all projected DSH increase, and larger rural hospitals with to receive almost no change in DSH eligible hospitals, FY 2018 DSH 250+ beds are projected to experience payments. Government hospitals are payments are estimated at an 8.2 percent payment increase. This projected to receive a larger than approximately $10.630 billion, or an trend is somewhat consistent with average 30.0 percent increase. Hospitals increase of approximately 11.3 percent urban hospitals, in which the smallest with 25 to 50 percent Medicare from FY 2017 DSH payments urban hospitals (0– 99 beds) are utilization are projected to receive (approximately $9.553 billion). While projected to receive an increase in DSH increases in DSH payments slightly these changes result in a net increase in payments of 30.7 percent. Medium sized below the overall average at 9.8 percent, the amount available to be distributed in hospitals (100–250 beds) and larger while all other hospitals are projected to uncompensated care payments, DSH hospitals (250+ beds) are projected to receive larger increases.’’ payments to select hospital types are receive increases of 10.8 and 10.4 8. On page 38572 top of the page— expected to decrease. This percent in DSH payments, respectively, a. First column, fourth bulleted redistribution of DSH payments is which are relatively consistent with the paragraph— caused by changes in the data used to overall average. (1) Line 4, the figure ‘‘0.9986’’ is determine Factor 3 and changes in the By region, projected DSH payment corrected to read ‘‘0.9987’’ number of DSH-eligible hospitals within increases for urban hospitals are smaller (2) Line 5, the figure ‘‘0.9484’’ is a given hospital type. than the overall percent change in the corrected to read ‘‘0.9483’’ As seen in the above table, percent New England, Middle Atlantic, East b Second column, first full changes in DSH payments of less than North Central, East South Central, and paragraph— 11.3 percent indicate that hospitals Pacific regions. Hospitals in the South (1) Line 8, the figure ‘‘0.9484’’ is within the specified category are Atlantic and West South Central regions corrected to read ‘‘0.9483’’ projected to experience a smaller are projected to receive increases in (2) Line 9, the figure ‘‘1.04’’ is increase in DSH payments, on average, DSH payments that are, on average, corrected to read ‘‘1.03’’. compared to the universe of projected larger than the 11.3 percent change c. Third column— FY 2018 DSH hospitals. Conversely, across all hospitals projected to be (1) First partial paragraph— percent changes in DSH payments that eligible for DSH in FY 2018. Increases (a) Line 1, the figure ‘‘2.9’’ is corrected are greater than 11.3 percent indicate a in the West North Central, Mountain, to read ‘‘3.0’’ hospital type is projected to have a and Puerto Rico regions are generally (b) Line 4, the figure 2.0’’ is corrected larger increase than the overall percent consistent with the overall average to read ‘‘1.9’’. change on average, a larger increase percent increase of 11.3 percent. (2) First full paragraph – than the overall percent change. The Regionally, rural hospitals are projected (a) Line 4, the figure ‘‘3.7’’ is corrected variation in the distribution of DSH to receive a wider range of increases. to read ‘‘3.8’’. Rural hospitals in the Middle Atlantic payments by hospital characteristic is (b) Line 9, the figure ‘‘5.2’’ is and Pacific regions are expected to largely dependent on the change in a corrected to read ‘‘5.3’’. given hospital’s number of Medicaid receive a decrease in DSH payments, (c) Line 12, the figure ‘‘1.9’’ is days and SSI days for purposes of the while those in the East South Central corrected to read ‘‘2.0’’. low-income insured days proxy between region are projected to receive an (3) Second full paragraph— FY 2017 and FY 2018, as well as on its increase in DSH payments smaller than (a) Line 7, the figure ‘‘2.3’’ is corrected uncompensated care costs as reported the 11.3 overall percent change. to read ‘‘2.2’’. on its FY 2014 Worksheet S–10. Increases are projected to be (b) Lines 10 and 11, the phrase ‘‘3.2 Many rural hospitals, grouped by substantially larger than the overall percent.’’ is corrected to read ‘‘3.2 geographic location, payment average in many regions, including New percent and 3.3 percent, respectively.’’. classification, and bed size, are England, South Atlantic, East North (4) Last paragraph— projected to experience a larger increase Central, West North Central, West South in DSH payments than their urban Central, and Mountain. (a) Line 14, the figure ‘‘1.6’’ is counterparts. Overall, rural hospitals are Nonteaching hospitals and teaching corrected to read ‘‘1.7’’. projected to receive an 18.3 percent hospitals with fewer than 100 residents (b) Line 27, the figure ‘‘6.6’’ is increase in DSH payments, and urban are projected to receive smaller corrected to read ‘‘6.5’’. hospitals are projected to receive a 10.9 increases than the overall percent 9. On pages 38572 through 38574, the percent increase. However, only smaller change, at 10.9 and 9.0 percent table titled ‘‘TABLE III.—COMPARISON and medium-sized rural hospitals are respectively. Conversely, teaching OF TOTAL PAYMENTS PER CASE [FY projected to receive increases in DSH hospitals with 100 or more residents are 2017 PAYMENTS COMPARED TO FY payments that are, on average, higher projected to receive, on average, larger 2018 PAYMENTS]’’ is corrected to read than the 11.3 percent change across all increases than the overall percent as follows: hospitals that are projected to be eligible change of 11.3 percent, with a projected BILLING CODE 4120–01–P

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TABLE 111.-COMPARISON OF TOTAL PAYMENTS PER CASE [FY 2017 PAYMENTS COMPARED TO FY 2018 PAYMENTS]

Average Average Number of FY 2017 FY 2018 Change hospitals payments/ payments/ case case By Geographic Location: All hospitals 3,292 920 943 2.5 Large urban areas (populations over 1 million) 1,340 1,007 1,037 3.0 Other urban areas (populations of 1 million of fewer) 1,152 896 913 1.9 Rural areas 800 625 644 3.0 Urban hospitals 2,492 953 977 2.5 0-99 beds 648 768 798 3.9 1 00-199 beds 763 825 850 3.0 200-299 beds 441 877 897 2.3 300-499 beds 426 965 989 2.4 500 or more beds 214 1,142 1,167 2.2 Rural hospitals 800 625 644 3.0 0-49 beds 318 523 544 3.9 50-99 beds 282 584 599 2.5 100-149 beds 117 625 642 2.7 150-199 beds 44 663 687 3.6 200 or more beds 39 749 771 2.9 By Region: Urban by Region 2,492 953 977 2.5 New England 114 1,038 1,056 1.8 Middle Atlantic 315 1,054 1,074 1.9 South Atlantic 404 849 869 2.4 East North Central 385 918 941 2.5 East South Central 147 800 815 1.8 West North Central 160 933 958 2.8 West South Central 378 863 896 3.8 Mountain 162 1,005 1,013 0.8 Pacific 375 1,209 1,250 3.4 Puerto Rico 52 437 451 3.2 Rural by Region 800 625 644 3.0 New England 20 860 905 5.3 Middle Atlantic 53 603 616 2.2 South Atlantic 125 584 596 2.0 East North Central 115 645 661 2.5 East South Central 154 574 591 3.0 West North Central 97 667 690 3.4 West South Central 154 555 574 3.4 Mountain 58 695 716 3.1 Pacific 24 805 836 3.8 By Payment Classification: All hospitals 3,292 920 943 2.5 Large urban areas (populations over 1 million) 1,354 1,005 1,036 3.0 Other urban areas (populations of 1 million of fewer) 1,019 883 907 2.8 Rural areas 919 768 771 0.4 Teaching Status: Non-teaching 2,204 779 802 2.9 Fewer than 100 Residents 839 890 910 2.3 100 or more Residents 249 1,283 1,314 2.4 Urban DSH: 100 or more beds 1,543 975 1,003 2.8 Less than 100 beds 370 697 727 4.3 Rural DSH: Sole Community (SCH/EACH) 257 622 632 1.7 Referral Center (RRC/EACH) 293 833 834 0.1 Other Rural: 100 or more beds 34 820 791 -3.5

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BILLING CODE 4120–01–C (2) Second full paragraph, line 14, the a. Top of the page, the table title and 10. On page 38576— figure ‘‘1.0006434’’ is corrected to read the table titled ‘‘TABLE IV: IMPACT OF a. First column, last paragraph, line 4, ‘‘1.0002704’’. PAYMENT RATE AND POLICY the figure ‘‘$41,430.56’’ is corrected to 11. On page 38578, second column, CHANGES TO LTCH PPS PAYMENTS read ‘‘$41,415.11’’. b. Second column— second full paragraph— FOR STANDARD PAYMENT RATE (1) First partial paragraph— a. Line 21, the figure ‘‘$41,430.56’’ is CASES FOR FY 2018 [Estimated FY (a) Line 1, the figure ‘‘1.0006434’’ is corrected to read ‘‘$41,415.11’’. 2017 payments compared to estimated corrected to read ‘‘1.0002704’’. b. Line 22, the figure ‘‘$40,610.16’’ is FY 2018 payments]’’ are corrected to (b) Line 12, the figure ‘‘$40,610.16’’ is corrected to read ‘‘$40,595.02’’. read as follows: corrected to read ‘‘$40,595.02’’. 12. On page 38579— BILLING CODE 4120–01–P

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b. Lower fourth of the page, third figure ‘‘1.0006434’’ is corrected to read 13. On page 38585, middle of the column, partial paragraph, line 5, the ‘‘1.0002704’’. page, first column, first paragraph—

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a. Lines 34, the figure ‘‘2.7’’ is identified and corrected in section IV., the corrected wage data for the six corrected to read ‘‘2.5’’. Correction of Errors. The provisions in hospitals required the recalculation of b. Line 38, the figure ‘‘$226’’ is this correcting document are effective as the final FY 2018 SNF PPS wage corrected to read ‘‘$227’’. if they had been included in the indexes. Additionally, as discussed on Dated: September 29, 2017. document that appeared in the August page 36543 of the FY 2018 SNF PPS final rule, section 1888(e)(4)(G)(ii) of the Ann C. Agnew, 4, 2017, Federal Register (hereinafter referred to as the FY 2018 SNF PPS final Act requires that we apply the wage Executive Secretary to the Department, index in a manner that does not result Department of Health and Human Services. rule). Accordingly, the corrections are effective October 1, 2017. in aggregate payments under the SNF [FR Doc. 2017–21325 Filed 9–29–17; 4:15 pm] PPS that are greater or less than would BILLING CODE 4120–01–C II. Summary of Errors otherwise be made if the wage index A. Summary of Errors in the Preamble adjustment had not been made. To achieve this, we apply a budget DEPARTMENT OF HEALTH AND As discussed in the FY 2018 SNF PPS neutrality factor to the unadjusted SNF HUMAN SERVICES final rule (82 FR 36539), in developing PPS federal per diem base rates. Due to the wage index to be applied to skilled the recalculation and subsequent Centers for Medicare & Medicaid nursing facilities (SNFs) under the SNF revision of the final FY 2018 SNF PPS Services prospective payment system (PPS), we wage indexes, it was necessary to use the updated, pre-reclassified recalculate the FY 2018 SNF PPS wage 42 CFR Parts 409, 411, 413, 424, and hospital inpatient prospective payment index budget neutrality factor as well. 488 system (IPPS) wage data, exclusive of Revising the wage index budget the occupational mix adjustment. For [CMS–1679–CN] neutrality factor causes a change in the FY 2018, the updated, unadjusted, pre- unadjusted SNF PPS federal per diem RIN 0938–AS96 reclassified IPPS wage data used under rates (provided in Tables 2 and 3 of the the SNF PPS are for hospital cost FY 2018 SNF PPS final rule (82 FR Medicare Program; Prospective reporting periods beginning on or after Payment System and Consolidated 36535)), which then causes changes in October 1, 2013, and before October 1, the case-mix adjusted SNF PPS rates Billing for Skilled Nursing Facilities for 2014 (FY 2014 cost report data), as FY 2018, SNF Value-Based Purchasing (provided in Tables 4 and 5 in the FY discussed in the FY 2018 IPPS final rule 2018 SNF PPS final rule (82 FR 36537 Program, SNF Quality Reporting (82 FR 38130). In calculating the wage Program, Survey Team Composition, through 36538), as well as the labor index under the FY 2018 IPPS final rule, adjusted SNF PPS rates (provided in and Correction of the Performance we made inadvertent errors related to Period for the NHSN HCP Influenza Tables 6 and 7 of the FY 2018 SNF PPS the wage data collected from the final rule (82 FR 36541 through 36543). Vaccination Immunization Reporting Medicare cost reports of six hospitals Finally, due to the recalculated wage Measure in the ESRD QIP for PY 2020; which are located in CBSAs 24860 and indexes, we recalculated the impact Correction 40340. Specifically, we used incorrect analysis provided in Table 26 of the FY wage data for these six hospitals to AGENCY: Centers for Medicare & 2018 SNF PPS final rule (82 FR 36629). Medicaid Services (CMS), HHS. calculate the final FY 2018 IPPS wage The corrections to these errors are found indexes, the geographic adjustment in section IV. of this document. ACTION: Final rule; correction. factor (GAF) (which is computed from B. Summary of Errors in and Corrections SUMMARY: This document corrects the wage index), as well as certain other to Tables Posted on the CMS Web Site technical errors in the final rule that IPPS factors and adjustments. appeared in the August 4, 2017 Federal These errors are identified, discussed We are correcting the wage indexes in Register, which will update the and corrected in the Medicare Program; Tables A and B setting forth the wage payment rates used under the Hospital Inpatient Prospective Payment indexes for urban (Table A) and non- prospective payment system (PPS) for Systems for Acute Care Hospitals and urban (Table B) areas based on CBSA skilled nursing facilities (SNFs) for the Long Term Care Hospital labor market areas, which are available fiscal year (FY) 2018. Prospective Payment System and Policy exclusively on the CMS Web site at Changes and Fiscal Year 2018 Rates; http://www.cms.gov/Medicare/ DATES: This correction is effective Quality Reporting Requirements for October 1, 2017. Medicare-Fee-for-Service-Payment/ Specific Providers; Medicare and SNFPPS/WageIndex.html. These tables FOR FURTHER INFORMATION CONTACT: John Medicaid Electronic Health Record have been updated to reflect the Kane, (410) 786–0557. (EHR) Incentive Program Requirements revisions discussed in this correcting SUPPLEMENTARY INFORMATION: for Eligible Hospitals, Critical Access document. Hospitals, and Eligible Professionals; I. Background We are republishing the wage indexes Provider-Based Status of Indian Health in Tables A and B accordingly on the In FR Doc. 2017–16256 (82 FR 36530), Services and Tribal Facilities and CMS Web site at http://www.cms.gov/ the final rule entitled ‘‘Medicare Organizations; Cost Reporting and Medicare/Medicare-Fee-for-Service- Program; Prospective Payment System Provider Requirements; Agreement Payment/SNFPPS/WageIndex.html. and Consolidated Billing for Skilled Termination Notices; Correction (CMS– Nursing Facilities for FY 2018, SNF 1677–CN) that appears elsewhere in this III. Waiver of Proposed Rulemaking Value-Based Purchasing Program, SNF issue of the Federal Register. and Delayed Effective Date Quality Reporting Program, Survey As discussed above, we use the We ordinarily publish a notice of Team Composition, and Correction of updated, pre-reclassified, unadjusted proposed rulemaking in the Federal the Performance Period for the NHSN IPPS wage data in developing the wage Register to provide a period for public HCP Influenza Vaccination index used under the SNF PPS. Due to comment before the provisions of a rule Immunization Reporting Measure in the the technical errors described above, the take effect in accordance with section ESRD QIP for PY 2020’’, there were a published FY 2018 SNF PPS wage 553(b) of the Administrative Procedure number of technical errors that are indexes were incorrect. Thus, the use of Act (APA) (5 U.S.C. 553(b)). However,

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we can waive this notice and comment substantive changes to the policies or Furthermore, such procedures would be procedure if the Secretary finds, for payment methodologies that were unnecessary, as we are not making good cause, that the notice and adopted in the final rule. As a result, substantive changes to our payment comment process is impracticable, this correcting document is intended to methodologies or policies, but rather, unnecessary, or contrary to the public ensure that the information in the FY we are simply implementing correctly interest, and incorporates a statement of 2018 SNF PPS final rule accurately the methodologies and policies that we the finding and the reasons therefor in reflects the policies adopted in that final previously proposed, requested the notice. rule. comment on, and subsequently Section 553(d) of the APA ordinarily finalized. This correcting document is In addition, even if this were a rule to requires a 30-day delay in effective date intended solely to ensure that the FY which the notice and comment of final rules after the date of their 2018 SNF PPS final rule and the tables procedures and delayed effective date publication in the Federal Register. referenced in the final rule accurately requirements applied, we find that there This 30-day delay in effective date can reflect these methodologies and is good cause to waive such be waived, however, if an agency finds policies. Therefore, we believe we have requirements. Undertaking further for good cause that the delay is good cause to waive the notice and notice and comment procedures to impracticable, unnecessary, or contrary comment and effective date incorporate the corrections in this to the public interest, and the agency requirements. incorporates a statement of the findings document into the final rule or delaying and its reasons in the rule issued. the effective date would be contrary to Correction of Errors We believe that this correcting the public interest because it is in the document does not constitute a rule that public’s interest for providers to receive In FR Doc. 2017–16256 of August 4, would be subject to the APA notice and appropriate payments in as timely a 2017 (82 FR 36530), make the following comment or delayed effective date manner as possible, and to ensure that corrections: requirements. The document corrects the FY 2018 SNF PPS final rule and the 1. On page 36535, TABLE 2—FY 2018 technical errors in the FY 2018 SNF PPS tables referenced in the final rule UNADJUSTED FEDERAL RATE PER final rule and in the tables referenced in accurately reflect our methodologies, DIEM URBAN is corrected to read as the final rule, but does not make payment rates, and policies. follows:

TABLE 2—FY 2018 UNADJUSTED FEDERAL RATE PER DIEM URBAN

Nursing— Therapy— Therapy—non- Rate component case-mix case-mix case-mix Non-case-mix

Per Diem Amount ...... $177.21 $133.48 $17.58 $90.44

2. On page 36535, TABLE 3—FY 2018 DIEM RURAL is corrected to read as UNADJUSTED FEDERAL RATE PER follows:

TABLE 3—FY 2018 UNADJUSTED FEDERAL RATE PER DIEM RURAL

Nursing— Therapy— Therapy—non- Rate component case-mix case-mix case-mix Non-case-mix

Per Diem Amount ...... $169.29 $153.92 $18.78 $92.11

3. On page 36536, third column, first b. Line 26, the figure ‘‘$1,010.22.’’ is RATES AND ASSOCIATED INDEXES— full paragraph, corrected to read ‘‘$1,009.93.’’. URBAN is corrected to read as follows: a. Line 21, the figure ‘‘$443.08’’ is 4. On page 36537, TABLE 4—RUG-IV corrected to read ‘‘$442.95’’. CASE-MIX ADJUSTED FEDERAL

TABLE 4—RUG-IV CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES—URBAN

Nursing Therapy Non-case mix Non-case mix RUG-IV category Nursing index Therapy index component component therapy comp component Total rate

RUX ...... 2.67 1.87 $473.15 $249.61 ...... $90.44 $813.20 RUL ...... 2.57 1.87 455.43 249.61 ...... 90.44 795.48 RVX ...... 2.61 1.28 462.52 170.85 ...... 90.44 723.81 RVL ...... 2.19 1.28 388.09 170.85 ...... 90.44 649.38 RHX ...... 2.55 0.85 451.89 113.46 ...... 90.44 655.79 RHL ...... 2.15 0.85 381.00 113.46 ...... 90.44 584.90 RMX ...... 2.47 0.55 437.71 73.41 ...... 90.44 601.56 RML ...... 2.19 0.55 388.09 73.41 ...... 90.44 551.94 RLX ...... 2.26 0.28 400.49 37.37 ...... 90.44 528.30 RUC ...... 1.56 1.87 276.45 249.61 ...... 90.44 616.50 RUB ...... 1.56 1.87 276.45 249.61 ...... 90.44 616.50 RUA ...... 0.99 1.87 175.44 249.61 ...... 90.44 515.49 RVC ...... 1.51 1.28 267.59 170.85 ...... 90.44 528.88 RVB ...... 1.11 1.28 196.70 170.85 ...... 90.44 457.99 RVA ...... 1.10 1.28 194.93 170.85 ...... 90.44 456.22

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TABLE 4—RUG-IV CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES—URBAN—Continued

Nursing Therapy Non-case mix Non-case mix RUG-IV category Nursing index Therapy index component component therapy comp component Total rate

RHC ...... 1.45 0.85 256.95 113.46 ...... 90.44 460.85 RHB ...... 1.19 0.85 210.88 113.46 ...... 90.44 414.78 RHA ...... 0.91 0.85 161.26 113.46 ...... 90.44 365.16 RMC ...... 1.36 0.55 241.01 73.41 ...... 90.44 404.86 RMB ...... 1.22 0.55 216.20 73.41 ...... 90.44 380.05 RMA ...... 0.84 0.55 148.86 73.41 ...... 90.44 312.71 RLB ...... 1.50 0.28 265.82 37.37 ...... 90.44 393.63 RLA ...... 0.71 0.28 125.82 37.37 ...... 90.44 253.63 ES3 ...... 3.58 ...... 634.41 ...... 17.58 90.44 742.43 ES2 ...... 2.67 ...... 473.15 ...... 17.58 90.44 581.17 ES1 ...... 2.32 ...... 411.13 ...... 17.58 90.44 519.15 HE2 ...... 2.22 ...... 393.41 ...... 17.58 90.44 501.43 HE1 ...... 1.74 ...... 308.35 ...... 17.58 90.44 416.37 HD2 ...... 2.04 ...... 361.51 ...... 17.58 90.44 469.53 HD1 ...... 1.60 ...... 283.54 ...... 17.58 90.44 391.56 HC2 ...... 1.89 ...... 334.93 ...... 17.58 90.44 442.95 HC1 ...... 1.48 ...... 262.27 ...... 17.58 90.44 370.29 HB2 ...... 1.86 ...... 329.61 ...... 17.58 90.44 437.63 HB1 ...... 1.46 ...... 258.73 ...... 17.58 90.44 366.75 LE2 ...... 1.96 ...... 347.33 ...... 17.58 90.44 455.35 LE1 ...... 1.54 ...... 272.90 ...... 17.58 90.44 380.92 LD2 ...... 1.86 ...... 329.61 ...... 17.58 90.44 437.63 LD1 ...... 1.46 ...... 258.73 ...... 17.58 90.44 366.75 LC2 ...... 1.56 ...... 276.45 ...... 17.58 90.44 384.47 LC1 ...... 1.22 ...... 216.20 ...... 17.58 90.44 324.22 LB2 ...... 1.45 ...... 256.95 ...... 17.58 90.44 364.97 LB1 ...... 1.14 ...... 202.02 ...... 17.58 90.44 310.04 CE2 ...... 1.68 ...... 297.71 ...... 17.58 90.44 405.73 CE1 ...... 1.50 ...... 265.82 ...... 17.58 90.44 373.84 CD2 ...... 1.56 ...... 276.45 ...... 17.58 90.44 384.47 CD1 ...... 1.38 ...... 244.55 ...... 17.58 90.44 352.57 CC2 ...... 1.29 ...... 228.60 ...... 17.58 90.44 336.62 CC1 ...... 1.15 ...... 203.79 ...... 17.58 90.44 311.81 CB2 ...... 1.15 ...... 203.79 ...... 17.58 90.44 311.81 CB1 ...... 1.02 ...... 180.75 ...... 17.58 90.44 288.77 CA2 ...... 0.88 ...... 155.94 ...... 17.58 90.44 263.96 CA1 ...... 0.78 ...... 138.22 ...... 17.58 90.44 246.24 BB2 ...... 0.97 ...... 171.89 ...... 17.58 90.44 279.91 BB1 ...... 0.90 ...... 159.49 ...... 17.58 90.44 267.51 BA2 ...... 0.70 ...... 124.05 ...... 17.58 90.44 232.07 BA1 ...... 0.64 ...... 113.41 ...... 17.58 90.44 221.43 PE2 ...... 1.50 ...... 265.82 ...... 17.58 90.44 373.84 PE1 ...... 1.40 ...... 248.09 ...... 17.58 90.44 356.11 PD2 ...... 1.38 ...... 244.55 ...... 17.58 90.44 352.57 PD1 ...... 1.28 ...... 226.83 ...... 17.58 90.44 334.85 PC2 ...... 1.10 ...... 194.93 ...... 17.58 90.44 302.95 PC1 ...... 1.02 ...... 180.75 ...... 17.58 90.44 288.77 PB2 ...... 0.84 ...... 148.86 ...... 17.58 90.44 256.88 PB1 ...... 0.78 ...... 138.22 ...... 17.58 90.44 246.24 PA2 ...... 0.59 ...... 104.55 ...... 17.58 90.44 212.57 PA1 ...... 0.54 ...... 95.69 ...... 17.58 90.44 203.71

5. On page 36538, TABLE 5—RUG-IV RATES AND ASSOCIATED INDEXES— CASE-MIX ADJUSTED FEDERAL RURAL is corrected to read as follows:

TABLE 5—RUG-IV CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES—RURAL

RUG-IV Nursing Therapy Nursing Therapy Non-case mix Non-case mix Total Category index index component component therapy comp component rate

RUX ...... 2.67 1.87 $452.00 $287.83 ...... $92.11 $831.94 RUL ...... 2.57 1.87 435.08 287.83 ...... 92.11 815.02 RVX ...... 2.61 1.28 441.85 197.02 ...... 92.11 730.98 RVL ...... 2.19 1.28 370.75 197.02 ...... 92.11 659.88 RHX ...... 2.55 0.85 431.69 130.83 ...... 92.11 654.63 RHL ...... 2.15 0.85 363.97 130.83 ...... 92.11 586.91 RMX ...... 2.47 0.55 418.15 84.66 ...... 92.11 594.92 RML ...... 2.19 0.55 370.75 84.66 ...... 92.11 547.52 RLX ...... 2.26 0.28 382.60 43.10 ...... 92.11 517.81

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TABLE 5—RUG-IV CASE-MIX ADJUSTED FEDERAL RATES AND ASSOCIATED INDEXES—RURAL—Continued

RUG-IV Nursing Therapy Nursing Therapy Non-case mix Non-case mix Total Category index index component component therapy comp component rate

RUC ...... 1.56 1.87 264.09 287.83 ...... 92.11 644.03 RUB ...... 1.56 1.87 264.09 287.83 ...... 92.11 644.03 RUA ...... 0.99 1.87 167.60 287.83 ...... 92.11 547.54 RVC ...... 1.51 1.28 255.63 197.02 ...... 92.11 544.76 RVB ...... 1.11 1.28 187.91 197.02 ...... 92.11 477.04 RVA ...... 1.10 1.28 186.22 197.02 ...... 92.11 475.35 RHC ...... 1.45 0.85 245.47 130.83 ...... 92.11 468.41 RHB ...... 1.19 0.85 201.46 130.83 ...... 92.11 424.40 RHA ...... 0.91 0.85 154.05 130.83 ...... 92.11 376.99 RMC ...... 1.36 0.55 230.23 84.66 ...... 92.11 407.00 RMB ...... 1.22 0.55 206.53 84.66 ...... 92.11 383.30 RMA ...... 0.84 0.55 142.20 84.66 ...... 92.11 318.97 RLB ...... 1.50 0.28 253.94 43.10 ...... 92.11 389.15 RLA ...... 0.71 0.28 120.20 43.10 ...... 92.11 255.41 ES3 ...... 3.58 ...... 606.06 ...... 18.78 92.11 716.95 ES2 ...... 2.67 ...... 452.00 ...... 18.78 92.11 562.89 ES1 ...... 2.32 ...... 392.75 ...... 18.78 92.11 503.64 HE2 ...... 2.22 ...... 375.82 ...... 18.78 92.11 486.71 HE1 ...... 1.74 ...... 294.56 ...... 18.78 92.11 405.45 HD2 ...... 2.04 ...... 345.35 ...... 18.78 92.11 456.24 HD1 ...... 1.60 ...... 270.86 ...... 18.78 92.11 381.75 HC2 ...... 1.89 ...... 319.96 ...... 18.78 92.11 430.85 HC1 ...... 1.48 ...... 250.55 ...... 18.78 92.11 361.44 HB2 ...... 1.86 ...... 314.88 ...... 18.78 92.11 425.77 HB1 ...... 1.46 ...... 247.16 ...... 18.78 92.11 358.05 LE2 ...... 1.96 ...... 331.81 ...... 18.78 92.11 442.70 LE1 ...... 1.54 ...... 260.71 ...... 18.78 92.11 371.60 LD2 ...... 1.86 ...... 314.88 ...... 18.78 92.11 425.77 LD1 ...... 1.46 ...... 247.16 ...... 18.78 92.11 358.05 LC2 ...... 1.56 ...... 264.09 ...... 18.78 92.11 374.98 LC1 ...... 1.22 ...... 206.53 ...... 18.78 92.11 317.42 LB2 ...... 1.45 ...... 245.47 ...... 18.78 92.11 356.36 LB1 ...... 1.14 ...... 192.99 ...... 18.78 92.11 303.88 CE2 ...... 1.68 ...... 284.41 ...... 18.78 92.11 395.30 CE1 ...... 1.50 ...... 253.94 ...... 18.78 92.11 364.83 CD2 ...... 1.56 ...... 264.09 ...... 18.78 92.11 374.98 CD1 ...... 1.38 ...... 233.62 ...... 18.78 92.11 344.51 CC2 ...... 1.29 ...... 218.38 ...... 18.78 92.11 329.27 CC1 ...... 1.15 ...... 194.68 ...... 18.78 92.11 305.57 CB2 ...... 1.15 ...... 194.68 ...... 18.78 92.11 305.57 CB1 ...... 1.02 ...... 172.68 ...... 18.78 92.11 283.57 CA2 ...... 0.88 ...... 148.98 ...... 18.78 92.11 259.87 CA1 ...... 0.78 ...... 132.05 ...... 18.78 92.11 242.94 BB2 ...... 0.97 ...... 164.21 ...... 18.78 92.11 275.10 BB1 ...... 0.90 ...... 152.36 ...... 18.78 92.11 263.25 BA2 ...... 0.70 ...... 118.50 ...... 18.78 92.11 229.39 BA1 ...... 0.64 ...... 108.35 ...... 18.78 92.11 219.24 PE2 ...... 1.50 ...... 253.94 ...... 18.78 92.11 364.83 PE1 ...... 1.40 ...... 237.01 ...... 18.78 92.11 347.90 PD2 ...... 1.38 ...... 233.62 ...... 18.78 92.11 344.51 PD1 ...... 1.28 ...... 216.69 ...... 18.78 92.11 327.58 PC2 ...... 1.10 ...... 186.22 ...... 18.78 92.11 297.11 PC1 ...... 1.02 ...... 172.68 ...... 18.78 92.11 283.57 PB2 ...... 0.84 ...... 142.20 ...... 18.78 92.11 253.09 PB1 ...... 0.78 ...... 132.05 ...... 18.78 92.11 242.94 PA2 ...... 0.59 ...... 99.88 ...... 18.78 92.11 210.77 PA1 ...... 0.54 ...... 91.42 ...... 18.78 92.11 202.31

6. On pages 36541 through 36542, ADJUSTED FEDERAL RATES FOR LABOR COMPONENT is corrected to TABLE 6—RUG-IV CASE–MIX URBAN SNFS BY LABOR AND NON- read as follows:

TABLE 6—RUG-IV CASE-MIX ADJUSTED FEDERAL RATES FOR URBAN SNFS BY LABOR AND NON-LABOR COMPONENT

Non-labor RUG-IV category Total rate Labor portion portion

RUX ...... $813.20 $575.75 $237.45 RUL ...... 795.48 563.20 232.28 RVX ...... 723.81 512.46 211.35

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TABLE 6—RUG-IV CASE-MIX ADJUSTED FEDERAL RATES FOR URBAN SNFS BY LABOR AND NON-LABOR COMPONENT— Continued

Non-labor RUG-IV category Total rate Labor portion portion

RVL ...... 649.38 459.76 189.62 RHX ...... 655.79 464.30 191.49 RHL ...... 584.90 414.11 170.79 RMX ...... 601.56 425.90 175.66 RML ...... 551.94 390.77 161.17 RLX ...... 528.30 374.04 154.26 RUC ...... 616.50 436.48 180.02 RUB ...... 616.50 436.48 180.02 RUA ...... 515.49 364.97 150.52 RVC ...... 528.88 374.45 154.43 RVB ...... 457.99 324.26 133.73 RVA ...... 456.22 323.00 133.22 RHC ...... 460.85 326.28 134.57 RHB ...... 414.78 293.66 121.12 RHA ...... 365.16 258.53 106.63 RMC ...... 404.86 286.64 118.22 RMB ...... 380.05 269.08 110.97 RMA ...... 312.71 221.40 91.31 RLB ...... 393.63 278.69 114.94 RLA ...... 253.63 179.57 74.06 ES3 ...... 742.43 525.64 216.79 ES2 ...... 581.17 411.47 169.70 ES1 ...... 519.15 367.56 151.59 HE2 ...... 501.43 355.01 146.42 HE1 ...... 416.37 294.79 121.58 HD2 ...... 469.53 332.43 137.10 HD1 ...... 391.56 277.22 114.34 HC2 ...... 442.95 313.61 129.34 HC1 ...... 370.29 262.17 108.12 HB2 ...... 437.63 309.84 127.79 HB1 ...... 366.75 259.66 107.09 LE2 ...... 455.35 322.39 132.96 LE1 ...... 380.92 269.69 111.23 LD2 ...... 437.63 309.84 127.79 LD1 ...... 366.75 259.66 107.09 LC2 ...... 384.47 272.20 112.27 LC1 ...... 324.22 229.55 94.67 LB2 ...... 364.97 258.40 106.57 LB1 ...... 310.04 219.51 90.53 CE2 ...... 405.73 287.26 118.47 CE1 ...... 373.84 264.68 109.16 CD2 ...... 384.47 272.20 112.27 CD1 ...... 352.57 249.62 102.95 CC2 ...... 336.62 238.33 98.29 CC1 ...... 311.81 220.76 91.05 CB2 ...... 311.81 220.76 91.05 CB1 ...... 288.77 204.45 84.32 CA2 ...... 263.96 186.88 77.08 CA1 ...... 246.24 174.34 71.90 BB2 ...... 279.91 198.18 81.73 BB1 ...... 267.51 189.40 78.11 BA2 ...... 232.07 164.31 67.76 BA1 ...... 221.43 156.77 64.66 PE2 ...... 373.84 264.68 109.16 PE1 ...... 356.11 252.13 103.98 PD2 ...... 352.57 249.62 102.95 PD1 ...... 334.85 237.07 97.78 PC2 ...... 302.95 214.49 88.46 PC1 ...... 288.77 204.45 84.32 PB2 ...... 256.88 181.87 75.01 PB1 ...... 246.24 174.34 71.90 PA2 ...... 212.57 150.50 62.07 PA1 ...... 203.71 144.23 59.48

7. On pages 36542 through 36543, ADJUSTED FEDERAL RATES FOR LABOR COMPONENT is corrected to TABLE 7–RUG-IV CASE-MIX RURAL SNFS BY LABOR AND NON- read as follows:

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TABLE 7—RUG–IV CASE-MIX ADJUSTED FEDERAL RATES FOR RURAL SNFS BY LABOR AND NON-LABOR COMPONENT

Non-labor RUG–IV category Total rate Labor portion portion

RUX ...... $831.94 $589.01 $242.93 RUL ...... 815.02 577.03 237.99 RVX ...... 730.98 517.53 213.45 RVL ...... 659.88 467.20 192.68 RHX ...... 654.63 463.48 191.15 RHL ...... 586.91 415.53 171.38 RMX ...... 594.92 421.20 173.72 RML ...... 547.52 387.64 159.88 RLX ...... 517.81 366.61 151.20 RUC ...... 644.03 455.97 188.06 RUB ...... 644.03 455.97 188.06 RUA ...... 547.54 387.66 159.88 RVC ...... 544.76 385.69 159.07 RVB ...... 477.04 337.74 139.30 RVA ...... 475.35 336.55 138.80 RHC ...... 468.41 331.63 136.78 RHB ...... 424.40 300.48 123.92 RHA ...... 376.99 266.91 110.08 RMC ...... 407.00 288.16 118.84 RMB ...... 383.30 271.38 111.92 RMA ...... 318.97 225.83 93.14 RLB ...... 389.15 275.52 113.63 RLA ...... 255.41 180.83 74.58 ES3 ...... 716.95 507.60 209.35 ES2 ...... 562.89 398.53 164.36 ES1 ...... 503.64 356.58 147.06 HE2 ...... 486.71 344.59 142.12 HE1 ...... 405.45 287.06 118.39 HD2 ...... 456.24 323.02 133.22 HD1 ...... 381.75 270.28 111.47 HC2 ...... 430.85 305.04 125.81 HC1 ...... 361.44 255.90 105.54 HB2 ...... 425.77 301.45 124.32 HB1 ...... 358.05 253.50 104.55 LE2 ...... 442.70 313.43 129.27 LE1 ...... 371.60 263.09 108.51 LD2 ...... 425.77 301.45 124.32 LD1 ...... 358.05 253.50 104.55 LC2 ...... 374.98 265.49 109.49 LC1 ...... 317.42 224.73 92.69 LB2 ...... 356.36 252.30 104.06 LB1 ...... 303.88 215.15 88.73 CE2 ...... 395.30 279.87 115.43 CE1 ...... 364.83 258.30 106.53 CD2 ...... 374.98 265.49 109.49 CD1 ...... 344.51 243.91 100.60 CC2 ...... 329.27 233.12 96.15 CC1 ...... 305.57 216.34 89.23 CB2 ...... 305.57 216.34 89.23 CB1 ...... 283.57 200.77 82.80 CA2 ...... 259.87 183.99 75.88 CA1 ...... 242.94 172.00 70.94 BB2 ...... 275.10 194.77 80.33 BB1 ...... 263.25 186.38 76.87 BA2 ...... 229.39 162.41 66.98 BA1 ...... 219.24 155.22 64.02 PE2 ...... 364.83 258.30 106.53 PE1 ...... 347.90 246.31 101.59 PD2 ...... 344.51 243.91 100.60 PD1 ...... 327.58 231.93 95.65 PC2 ...... 297.11 210.35 86.76 PC1 ...... 283.57 200.77 82.80 PB2 ...... 253.09 179.19 73.90 PB1 ...... 242.94 172.00 70.94 PA2 ...... 210.77 149.23 61.54 PA1 ...... 202.31 143.24 59.07

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8. On page 36543, under Table 7, b. Third column, first full paragraph, EXAMPLE SNF XYZ: LOCATED IN a. Second column, first partial line 16, the figure ‘‘$47,596.42’’ is FREDERICK, MD (URBAN CBSA 43524) paragraph, line 15, the figure ‘‘1.0013’’ corrected to read ‘‘$47,602.52’’. WAGE INDEX: 0.9863 [See Wage Index 1 is corrected to read ‘‘1.0010’’. 9. On page 36543, TABLE 8— in Table A] is corrected to read as ADJUSTED RATE COMPUTATION follows:

TABLE 8—ADJUSTED RATE COMPUTATION EXAMPLE SNF XYZ: LOCATED IN FREDERICK, MD (URBAN CBSA 43524) [WAGE INDEX: 0.9869 (See Wage Index in Table A)] 1

Adjusted Adjusted Percent ad- Medicare RUG-IV group Labor Wage index labor Non-labor rate justment days Payment

RVX ...... $512.46 0.9869 $505.75 $211.35 $717.10 $717.10 14 $10,039.40 ES2 ...... 411.47 0.9869 406.08 169.70 575.78 575.78 30 17,273.40 RHA ...... 258.53 0.9869 255.14 106.63 361.77 361.77 16 5,788.32 CC2 * ...... 238.33 0.9869 235.21 98.29 333.50 760.38 10 7,603.80 BA2 ...... 164.31 0.9869 162.16 67.76 229.92 229.92 30 6,897.60

...... 100 47,602.52 * Reflects a 128 percent adjustment from section 511 of the MMA. 1 Available on the CMS Web site at http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/SNFPPS/WageIndex.html.

10. On pages 36629, TABLE 26— FOR FY 2018 is corrected to read as PROJECTED IMPACT TO THE SNF PPS follows:

TABLE 26—PROJECTED IMPACT TO THE SNF PPS FOR FY 2018

Number of facilities Update wage Total change FY 2018 data

Group Total ...... 15,468 0.0% 1.0% Urban ...... 11,008 0.1% 1.1% Rural ...... 4,460 ¥0.6% 0.4% Hospital-based urban ...... 518 0.2% 1.2% Freestanding urban ...... 10,490 0.1% 1.1% Hospital-based rural ...... 577 ¥0.7% 0.3% Freestanding rural ...... 3,883 ¥0.6% 0.4% Urban by region New England ...... 791 0.2% 1.2% Middle Atlantic ...... 1,487 0.4% 1.4% South Atlantic ...... 1,867 ¥0.2% 0.8% East North Central ...... 2,121 0.0% 1.0% East South Central ...... 551 ¥0.6% 0.4% West North Central ...... 919 0.4% 1.4% West South Central ...... 1,339 0.1% 1.1% Mountain ...... 511 ¥0.2% 0.8% Pacific ...... 1,417 0.5% 1.5% Outlying ...... 5 ¥2.0% ¥1.0% Rural by region New England ...... 137 1.5% 2.5% Middle Atlantic ...... 215 ¥0.5% 0.5% South Atlantic ...... 502 ¥0.7% 0.3% East North Central ...... 937 ¥1.1% ¥0.1% East South Central ...... 528 ¥0.9% 0.1% West North Central ...... 1,076 ¥0.4% 0.6% West South Central ...... 738 ¥0.6% 0.4% Mountain ...... 228 ¥0.3% 0.7% Pacific ...... 99 0.1% 1.1% Ownership Profit ...... 1,045 ¥0.3% 0.7% Non-profit ...... 10,822 0.0% 1.0% Government ...... 3,601 0.0% 1.0% Note: The Total column includes the 1.0 percent market basket increase required by section 1888(e)(5)(B)(iii) of the Act. Additionally, we found no SNFs in rural outlying areas.

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Dated: September 29, 2017. facilitate continuation of IFQ and dealer to a computer and Internet and that they Ann C. Agnew, reporting operations during the period conduct administrative functions Executive Secretary to the Department, of catastrophic conditions. NMFS will associated with dealer reporting and the Department of Health and Human Services. continue to monitor and evaluate IFQ program, e.g., landing transactions, [FR Doc. 2017–21327 Filed 9–29–17; 4:15 pm] conditions. A subsequent Federal online. However, these regulations also BILLING CODE 4120–01–P Register notice will be published, if specify that during catastrophic needed. conditions, as determined by the RA, DATES: The RA is authorizing applicable the RA may waive or modify the DEPARTMENT OF COMMERCE Federal dealers and IFQ participants reporting time requirements for dealers reporting within this affected area to use and authorize IFQ participants to use National Oceanic and Atmospheric revised reporting methods from paper-based forms to complete Administration September 29, 2017, through October administrative functions for the 31, 2017. duration of the catastrophic conditions. The RA must determine that 50 CFR Part 622 FOR FURTHER INFORMATION CONTACT: IFQ catastrophic conditions exist, specify Customer Service, telephone: 866–425– [Docket Nos. 090206140–91081–03 and the duration of the catastrophic 7627, fax: 727–824–5308, email: SER- 120405260–4258–02] conditions, and specify which [email protected]. For federal RIN 0648–XF723 participants or geographic areas are dealer reporting, Fisheries Monitoring deemed affected. Branch, telephone: 305–361–4581. Authorization of Revised Reporting Hurricane Irma made landfall in the Requirements Due to Catastrophic SUPPLEMENTARY INFORMATION: The reef U.S. near Cudjoe Key, Florida, as a Conditions for Federal Seafood fish fishery of the Gulf is managed Category 4 hurricane then made a Dealers and Individual Fishing Quota under the Fishery Management Plan subsequent landfall near Marco Island, Dealers in Portions of Florida (FMP) for Reef Fish Resources of the Florida, as a Category 3 hurricane on Gulf of Mexico, prepared by the Gulf of September 10, 2017. Strong winds and AGENCY: National Marine Fisheries Mexico Fishery Management Council. flooding from this hurricane impacted Service (NMFS), National Oceanic and The snapper-grouper fishery of the communities throughout Florida, Atmospheric Administration (NOAA), South Atlantic is managed under the resulting in power outages and damage Commerce. Snapper-Grouper FMP of the South to homes, businesses, and ACTION: Temporary delay in reporting Atlantic, prepared by the South Atlantic infrastructure. As a result, the RA has requirements; determination of Fishery Management Council. The determined that catastrophic conditions catastrophic conditions. dolphin-wahoo fishery of the South exist in the following Florida counties: Atlantic is managed under the Dolphin- Manatee, Sarasota, DeSoto, Charlotte, SUMMARY: In accordance with the Wahoo FMP of the South Atlantic, Lee, Collier, Monroe, Miami-Dade, and regulations implementing the individual prepared by the South Atlantic Fishery Broward. Through this temporary rule, fishing quota (IFQ) and Federal dealer Management Council. The fishery for the RA is authorizing Federal dealers to reporting programs specific to the CMP fish (king mackerel, Spanish delay reporting of trip tickets to NOAA commercial reef fish fishery in the Gulf mackerel, and cobia) is managed under Fisheries and IFQ participants within of Mexico (Gulf), the coastal migratory the FMP for the CMP Resources of the this affected area to use paper-based pelagic (CMP) fisheries in the Gulf and Gulf of Mexico and South Atlantic, forms, from September 29, 2017, the Atlantic, the spiny lobster fishery of prepared by both Councils. The fishery through October 31, 2017. NMFS will the Gulf and Atlantic, and the snapper- for spiny lobster is managed under the provide additional notification to grouper and dolphin-wahoo fisheries in FMP for Spiny Lobster of the Gulf of affected participants via NOAA Weather the South Atlantic, the Regional Mexico and South Atlantic, prepared by Radio, Fishery Bulletins, and other Administrator, Southeast Region, NMFS both Councils. All FMPs are appropriate means. NOAA Fisheries (RA) has determined that Hurricane implemented through regulations at 50 will continue to monitor and re-evaluate Irma has caused catastrophic conditions CFR part 622 under the authority of the the areas and duration of the in the following Florida counties: Magnuson-Stevens Fishery catastrophic conditions. Manatee, Sarasota, DeSoto, Charlotte, Conservation and Management Act Dealers may delay electronic Lee, Collier, Monroe, Miami-Dade, and (Magnuson-Stevens Act). reporting of trip tickets to NMFS during Broward. Consistent with those The Generic Dealer Amendment catastrophic conditions. Dealers are to regulations, the RA has authorized any established Federal dealer reporting report all landings to NMFS as soon as dealer in the affected area who does not requirements for federally permitted possible. Assistance for Federal dealers have access to electronic reporting to dealers in the Gulf and South Atlantic in effected areas is available from the delay reporting of trip tickets to NOAA (79 FR 19490, April 9, 2014). Fisheries Monitoring Branch at 1–305– Fisheries from September 29, 2017, Amendment 26 to the FMP established 361–4581. NMFS previously provided through October 31, 2017. The RA has an IFQ program for the commercial red IFQ dealers with the necessary paper also authorized IFQ participants within snapper component of the Gulf reef fish forms (sequentially coded) and this affected area to use paper-based fishery (71 FR 67447, November 22, instructions for submission in the event forms, if necessary, for basic required 2006). Amendment 29 to the FMP of catastrophic conditions. Paper forms administrative functions, e.g., landing established an IFQ program for the are also available from the RA upon transactions, from September 29, 2017, commercial grouper and tilefish request. The electronic systems for through October 31, 2017. This components of the Gulf reef fish fishery submitting information to NMFS will temporary rule announcing the (74 FR 44732, August 31, 2009). continue to be available to all determination of catastrophic Regulations implementing these IFQ participants, and participants in the conditions and allowance of alternative programs (50 CFR 622.21 and 622.22) affected area are encouraged to continue methods for completing required IFQ and the dealer reporting requirements using these systems, if accessible. and other dealer reporting (50 CFR 622.5(c)) require that Federal The administrative program functions administrative functions is intended to dealers and IFQ participants have access available to IFQ participants in the area

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affected by catastrophic conditions will affected area due to Hurricane Irma, complete the required fields, and enter be limited under the paper-based numerous businesses are unable to or attach your comments. system. There will be no mechanism for complete landings transactions and • Mail: Submit written comments to transfers of IFQ shares or allocation dealer reports electronically. In order to Glenn Merrill, Assistant Regional under the paper-based system in effect continue with their businesses, IFQ Administrator, Sustainable Fisheries during catastrophic conditions. participants need to be aware they can Division, Alaska Region NMFS, Attn: Assistance in complying with the still complete landing transactions and Ellen Sebastian. Mail comments to P.O. requirements of the paper-based system dealer reports using the paper forms. Box 21668, Juneau, AK 99802–1668. will be available via the Catch Share For the aforementioned reasons, the Instructions: NMFS may not consider Support line, 1–866–425–7627 Monday AA also finds good cause to waive the comments if they are sent by any other through Friday, between 8 a.m. and 4:30 30-day delay in the effectiveness of this method, to any other address or p.m. eastern time. action under 5 U.S.C. 553(d)(3). individual, or received after the Classification Authority: 16 U.S.C. 1801 et seq. comment period ends. All comments received are a part of the public record The Regional Administrator, Dated: September 29, 2017. and will post the comments for public Southeast Region, NMFS, has Emily H. Menashes, viewing on www.regulations.gov determined this temporary rule is Acting Director, Office of Sustainable without change. All personal identifying necessary for the conservation and Fisheries, National Marine Fisheries Service. information (e.g., name, address, etc.), management of reef fish, CMP species, [FR Doc. 2017–21329 Filed 9–29–17; 4:15 pm] confidential business information, or spiny lobster, dolphin-wahoo, and BILLING CODE 3510–22–P otherwise sensitive information snapper-grouper, managed under the submitted voluntarily by the sender is Gulf IFQ Programs and the Federal publicly accessible. NMFS will accept dealer reporting programs, as DEPARTMENT OF COMMERCE anonymous comments (enter ‘‘N/A’’ in applicable, and is consistent with the the required fields if you wish to remain Magnuson-Stevens Act and other National Oceanic and Atmospheric anonymous). applicable laws. Administration This action is taken under 50 CFR FOR FURTHER INFORMATION CONTACT: 622.5(c), 622.21(a)(3)(iii), and 50 CFR Part 679 Steve Whitney, 907–586–7228. 622.22(a)(3)(iii), and is exempt from SUPPLEMENTARY INFORMATION: NMFS [Docket No. 161020985–7181–02] review under Executive Order 12866. manages the groundfish fishery in the These measures are exempt from the RIN 0648–XF714 Bering Sea and Aleutian Islands procedures of the Regulatory Flexibility management area (BSAI) exclusive Act because this temporary rule is Fisheries of the Exclusive Economic economic zone according to the Fishery issued without opportunity for prior Zone Off Alaska; Pacific Ocean Perch Management Plan for Groundfish of the notice and comment. in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Pursuant to 5 U.S.C. 553(b)(B), there Bering Sea and Aleutian Islands management area (FMP) prepared by the is good cause to waive the requirements Management Area North Pacific Fishery Management to provide prior notice and opportunity Council under authority of the for public comment on this temporary AGENCY: National Marine Fisheries Magnuson-Stevens Fishery rule. Such procedures are unnecessary Service (NMFS), National Oceanic and Conservation and Management Act. because the final rules implementing Atmospheric Administration (NOAA), Regulations governing fishing by U.S. the Gulf IFQ programs and the Gulf and Commerce. vessels in accordance with the FMP Atlantic Federal dealer reporting have ACTION: Temporary rule; modification of appear at subpart H of 50 CFR part 600 already been subject to notice and a closure. and 50 CFR part 679. public comment. These rules authorize NMFS closed directed fishing for SUMMARY: the RA to determine when catastrophic NMFS is opening directed Pacific ocean perch (POP) in the Bering conditions exist, and which participants fishing for Pacific ocean perch in the Sea subarea of the BSAI under or geographic areas are deemed affected Bering Sea subarea of the Bering Sea § 679.20(d)(1)(iii) (82 FR 11826, by catastrophic conditions. The final and Aleutian Islands management area. February 27, 2017). rules also authorize the RA to provide This action is necessary to fully use the NMFS has determined that timely notice to affected participants via 2017 total allowable catch of Pacific approximately 3,800 metric tons of POP publication of notification in the ocean perch specified for the Bering Sea remain in the directed fishing Federal Register, NOAA Weather Radio, subarea of the Bering Sea and Aleutian allowance. Therefore, in accordance Fishery Bulletins, and other appropriate Islands management area. with § 679.25(a)(1)(i), (a)(2)(i)(C), and means. All that remains is to notify the DATES: Effective 1200 hrs, Alaska local (a)(2)(iii)(D), and to fully utilize the public that catastrophic conditions exist time (A.l.t.), October 1, 2017, through 2017 total allowable catch of POP in the and that paper forms may be utilized by 1200 hrs, A.l.t., December 31, 2017. Bering Sea subarea of the BSAI, NMFS IFQ dealers in the affected area and that Comments must be received at the is terminating the previous closure and Federal dealers may submit delayed following address no later than 4:30 is opening directed fishing for POP in reports. Additionally, delaying this p.m., A.l.t., October 19, 2017. Bering Sea subarea of the BSAI, effective temporary rule to provide prior notice ADDRESSES: Submit your comments, 1200 hrs, A.l.t., October 1, 2017, and opportunity for public comment identified by NOAA–NMFS–2016–0140, through 1200 hrs, A.l.t., December 31, would be contrary to the public interest by either of the following methods: 2017. This will enhance the because affected participants are still • Electronic Submission: Submit all socioeconomic well-being of harvesters fishing for and receiving these species electronic public comments via the dependent on POP in this area. in the affected area and need a means Federal e-Rulemaking Portal. Go to The Administrator, Alaska Region of completing their landing transactions. http://www.regulations.gov/ considered the following factors in With the power outages and damages to docket?D=NOAA-NMFS-2016-0140, reaching this decision: (1) The current infrastructure that have occurred in the click the ‘‘Comment Now!’’ icon, catch of POP in the BSAI and, (2) the

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harvest capacity and stated intent on data in a timely fashion and would manner and in accordance with the future harvesting patterns of vessels delay the opening of POP directed regulatory schedule. Under participating in this fishery. fishing in the Bering Sea subarea of the § 679.25(c)(2), interested persons are BSAI. NMFS was unable to publish a Classification invited to submit written comments on notice providing time for public this action to the above address until This action responds to the best comment because the most recent, October 19, 2017. available information recently obtained relevant data only became available as from the fishery. The Assistant of September 20, 2017. This action is required by § 679.20 Administrator for Fisheries, NOAA The AA also finds good cause to and § 679.25 and is exempt from review (AA), finds good cause to waive the waive the 30-day delay in the effective under Executive Order 12866. requirement to provide prior notice and date of this action under 5 U.S.C. Authority: 16 U.S.C. 1801 et seq. opportunity for public comment 553(d)(3). This finding is based upon pursuant to the authority set forth at 5 the reasons provided above for waiver of Dated: September 29, 2017. U.S.C. 553(b)(B), as such requirement is prior notice and opportunity for public Emily H. Menashes, impracticable and contrary to the public comment. Acting Director, Office of Sustainable interest. This requirement is Without this inseason adjustment, Fisheries, National Marine Fisheries Service. impracticable and contrary to the public NMFS could not allow the fishery for [FR Doc. 2017–21356 Filed 9–29–17; 4:15 pm] interest as it would prevent NMFS from POP in the Bering Sea subarea of the BILLING CODE 3510–22–P responding to the most recent fisheries BSAI to be harvested in an expedient

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Proposed Rules Federal Register Vol. 82, No. 191

Wednesday, October 4, 2017

This section of the FEDERAL REGISTER Rulemaking Regarding Accuracy of any representation which is inaccurate contains notices to the public of the proposed Advertising’’ in the email subject line. or deceptive or which misrepresents its issuance of rules and regulations. The • Fax: (703) 518–6319. Use the services, contracts, financial condition, purpose of these notices is to give interested subject line described above for email. or the Truth in Savings requirements. persons an opportunity to participate in the • Mail: Address to Gerard S. Poliquin, NCUA’s official advertising statement rule making prior to the adoption of the final Secretary of the Board, National Credit is ‘‘This credit union is federally rules. Union Administration, 1775 Duke insured by the National Credit Union Street, Alexandria, Virginia 22314– Administration’’ or the shorter version NATIONAL CREDIT UNION 3428. ‘‘Federally insured by the NCUA.’’ As a • Hand Delivery/Courier: Same as ADMINISTRATION third option, the official sign may be mail address. displayed in advertisements in lieu of 12 CFR Part 740 Public inspection: You may view all the advertising statement. public comments on NCUA’s Web site Section 740.5(c) of NCUA’s at http://www.ncua.gov/Legal/Regs/ RIN 3133–AE78 regulations enumerates several kinds of Pages/PropRegs.aspx as submitted, advertisements that, for practical Accuracy of Advertising and Notice of except for those we cannot post for reasons, are exempted from the general Insured Status technical reasons. NCUA will not edit or rule requiring the use of the official remove any identifying or contact advertising statement. With respect to AGENCY: National Credit Union information from the public comments these exempted advertisements, the Administration (NCUA). submitted. You may inspect paper Board is focusing on the exemptions ACTION: Proposed rule with request for copies of comments in NCUA’s law relating to radio advertisements that are comments. library at 1775 Duke Street, Alexandria, less than 15 seconds in duration 3 and Virginia 22314, by appointment television advertisements that are less SUMMARY: The NCUA Board (Board) weekdays between 9 a.m. and 3 p.m. To than 15 seconds in duration.4 proposes to revise certain provisions of make an appointment, call (703) 518– NCUA’s advertising rule to provide 6546 or send an email to OGCMail@ B. Regulatory History regulatory relief to federally insured ncua.gov. For many years, NCUA’s advertising credit unions (FICUs). The advertising FOR FURTHER INFORMATION CONTACT: and official sign regulations were rule requires FICUs to use NCUA’s Marvin Shaw, Staff Attorney, Office of essentially the same as those of the ‘‘official advertisement statement’’ when Federal Deposit Insurance Corporation General Counsel, at the above address or 5 advertising. In addition to being telephone (703) 518–6553. (FDIC). In 2011, however, the Board permitted to use any of the three current amended part 740 by making NCUA’s SUPPLEMENTARY INFORMATION: versions of the official advertising advertising rules more stringent than statement, the Board proposes to allow I. Background FDIC’s rules. Specifically, in 2011, FICUs the option of using a fourth The Federal Credit Union Act (Act) while banks needed only to include the version, namely by stating ‘‘Insured by requires each FICU to display NCUA’s FDIC advertising statement in radio and NCUA.’’ To provide additional ‘‘official sign’’ regarding National Credit television ads that exceeded 30 seconds, regulatory relief, the Board proposes to Union Share Insurance Fund insurance the 2011 NCUA rule change required expand a current exemption from the of the FICU’s share accounts. The sign FICUs to include NCUA’s official advertising statement requirement includes language that the coverage is advertising statement in radio and regarding radio and television backed by the full faith and credit of the television ads that exceeded 15 6 advertisements, and eliminate the United States Government.1 Regulations seconds. This additional requirement, requirement to include the official implementing this statutory requirement which the Board now believes is advertising statement on statements of are at 12 CFR part 740. Part 740 of unnecessary, affected more FICU ads condition required to be published by NCUA’s regulations also includes and disrupted the balance between bank law. requirements relating to NCUA’s official and FICU regulatory burden in this DATES: Comments must be received on advertising statement as discussed in context. According to some FICUs, it or before December 4, 2017. more detail below. also made it more difficult for FICUs to produce effective ads. ADDRESSES: You may submit comments A. Part 740 Requirements The 2011 NCUA rule change also by any of the following methods (Please Part 740 applies to all FICUs. It required FICUs to include the send comments by one method only): prescribes requirements for both the advertising statement on statements of • Federal eRulemaking Portal: http:// NCUA’s official sign that FICUs must condition required to be published by www.regulations.gov. Follow the display and the NCUA’s official law, whereas banks are exempt from instructions for submitting comments. advertisement statement that FICUs this. The Board also proposes to relieve • NCUA Web site: http:// must make when advertising. In FICUs from this additional burden, www.ncua.gov/RegulationsOpinions relevant part, part 740 prohibits any which the Board believes is Laws/proposed_regs/proposed_ FICU from using advertising 2 unnecessary. regs.html. Follow the instructions for or making

submitting comments. 3 • 1 12 U.S.C. 1785. 12 CFR 740.5(c)(7). Email: Address to regcomments@ 2 This includes print, electronic and broadcast 4 12 CFR 740.5(c)(8). ncua.gov. Include ‘‘[Your name] media, displays, signs, and stationary and other 5 12 CFR 328. Comments on Notice of Proposed promotional material. 6 76 FR 30521 (May 26, 2011).

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Additionally, as a result of Executive Order 13132 (1) This credit union is federally information we have received from the Executive Order 13132 encourages insured by the National Credit Union public, the Board proposes to amend independent regulatory agencies to Administration; part 740 to permit a fourth iteration of consider the impact of their actions on (2) Federally insured by NCUA; (3) Insured by NCUA; or the official advertising statement, state and local interests. In adherence to (4) A reproduction of the official sign namely by stating ‘‘Insured by NCUA.’’ fundamental federalism principles, as described in § 740.4(b) may be used This change would provide FICUs with NCUA, an independent regulatory in lieu of the other statements included more flexibility without diminishing the agency as defined in 44 U.S.C. 3502(5), in this section. If the official sign is used purpose of the rule. voluntarily complies with the executive as the official advertising statement, an The current part 740 addresses order. The proposed rule would not insured credit union may alter the font conventional forms of advertising such have substantial direct effect on the size to ensure its legibility as provided as print, radio, and television. The states, on the connection between the in § 740.4(b)(2). Board requests comment about whether national government and the states, or (5) The official advertising statement the regulation should be modified to on the distribution of power and must be in a size and print that is clearly facilitate the trend in advertising via responsibilities among the various legible and may be no smaller than the new types of social media, mobile levels of government. NCUA has smallest font size used in other portions banking, text messaging and other determined that this proposed rule does of the advertisement intended to convey digital communication platforms, not constitute a policy that has information to the consumer. including Twitter and Instagram. The federalism implications for purposes of (c) * * * comments should focus on specific the executive order. (7) Advertisements by radio that are recommendations that balance the The Treasury and General Government less than thirty (30) seconds in time; regulation’s goal to inform the public Appropriations Act of 1999— (8) Advertisements by television, with space and other constraints Assessment of Federal Regulations and other than display advertisements, that inherent in new forms of advertising. Policies on Families are less than thirty (30) seconds in time; II. Regulatory Procedures NCUA has determined that this * * * * * [FR Doc. 2017–21316 Filed 10–3–17; 8:45 am] Regulatory Flexibility Act proposed rule will not affect family well-being within the meaning of BILLING CODE 7535–01–P The Regulatory Flexibility Act Section 654 of the Treasury and General requires NCUA to prepare an analysis to Government Appropriations Act, 1999.9 describe any significant economic ENVIRONMENTAL PROTECTION impact a regulation may have on a List of Subjects in 12 CFR Part 740 AGENCY substantial number of small entities.7 Advertisements, Credit unions, Share For purposes of this analysis, NCUA insurance, Signs and symbols. 40 CFR Part 80 considers small credit unions to be By the National Credit Union [EPA–HQ–OAR–2017–0091; FRL–9968–70– those having under $100 million in Administration Board on September 28, OAR] assets. The proposed amendments 2017. provide regulatory relief and thus do not Gerard S. Poliquin, Renewable Fuel Standard Program: Standards for 2018 and Biomass- impose a significant burden on small Secretary of the Board. credit unions. Accordingly, NCUA has Based Diesel Volume for 2019; determined and certifies that the For the reasons discussed above, the Availability of Supplemental proposed rule, if adopted, will not have NCUA Board proposes to amend 12 CFR Information and Request for Further a significant economic impact on a part 740 as follows: Comment substantial number of small credit PART 740—ACCURACY OF AGENCY: Environmental Protection unions within the meaning of the ADVERTISING AND NOTICE OF Agency (EPA). Regulatory Flexibility Act, 5 U.S.C. 601– INSURED STATUS ACTION: Availability of supplemental 612. information; request for further ■ Paperwork Reduction Act 1. The authority for part 740 comment. continues to read as follows: The Paperwork Reduction Act of 1995 Authority: 12 U.S.C. 1766, 1781, 1785, and SUMMARY: This document provides (‘‘PRA’’) applies to rulemakings in 1789. additional data and an opportunity to which an agency by rule creates a new comment on that data and potential ■ 2. Amend § 740.5 by revising paperwork burden on regulated entities options for reductions in the 2018 paragraphs (a), (b), (c)(7) and (c)(8) to or modifies an existing burden.8 For biomass-based diesel, advanced biofuel, read as follows: purposes of the PRA, a paperwork and total renewable fuel volumes, and/ burden may take the form of either a § 740.5 Requirements for the official or the 2019 biomass-based diesel reporting or a recordkeeping advertising statement. volume under the Renewable Fuel requirement, both referred to as (a) Each insured credit union must Standard (RFS) program. In a July 21, information collections. The proposed include the official advertising 2017 notice of proposed rulemaking, the rule does not constitute a ‘‘collection of statement, prescribed in paragraph (b) of EPA proposed certain reductions in the information’’ within the meaning of this section, in all of its advertisements, statutory volume targets for advanced section 3502(3) and would not increase including on its main Internet page, biofuel and total renewable fuel for paperwork requirements under the PRA except as provided in paragraph (c) of 2018, and requested comment on further or regulations of the Office of this section. reductions based on various Management and Budget. (b) The official advertising statement considerations. This document presents is in substance one of the following: additional data on production, imports 7 5 U.S.C. 603(a). and cost of renewable fuel and several 8 44 U.S.C. 3507(d); 5 CFR part 1320. 9 Public Law 105–277, 112 Stat. 2681 (1998). options for how we may consider such

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data in establishing the final volume comment contents located outside of the IV. Possible Further Reductions of 2018 requirements using the waiver primary submission (i.e., on the Web, Volume Requirements authorities provided by the statute. cloud, or other file sharing system). For A. General Waiver Authority 1. Inadequate Domestic Supply DATES: the full EPA public comment policy, Comments must be received on 2. Severe Economic Harm or before October 19, 2017. information about CBI or multimedia B. Biomass-Based Diesel Waiver Authority ADDRESSES: Submit your comments, submissions, and general guidance on V. Consideration of Possible Reductions in identified by Docket ID No. EPA–HQ– making effective comments, please visit the Biomass-Based Diesel Volume OAR–2017–0091, at https:// http://www.epa.gov/dockets/ Requirement for 2019 www.regulations.gov. Follow the online commenting-epa-dockets. VI. Executive Order 12866: Regulatory instructions for submitting comments. Planning and Review and Executive FOR FURTHER INFORMATION CONTACT: Julia Once submitted, comments cannot be Order 13563: Improving Regulation and MacAllister, Office of Transportation Regulatory Review edited or withdrawn. The EPA may and Air Quality, Assessment and publish any comment received to its Standards Division, Environmental I. General Information public docket. Do not submit Protection Agency, 2000 Traverwood A. Would this rule, if finalized, apply to electronically any information you Drive, Ann Arbor, MI 48105; telephone me? consider to be Confidential Business number: 734–214–4131; email address: Information (CBI) or other information Entities potentially affected by the [email protected]. whose disclosure is restricted by statute. July 21, 2017 proposed rule 1 (the July Multimedia submissions (audio, video, SUPPLEMENTARY INFORMATION: proposal), should it become final, are etc.) must be accompanied by a written those involved with the production, comment. The written comment is Outline of This Preamble distribution, and sale of transportation considered the official comment and I. General Information fuels, including gasoline and diesel fuel should include discussion of all points A. Does this action apply to me? or renewable fuels such as ethanol, you wish to make. The EPA will II. Overview biodiesel, renewable diesel, and biogas. generally not consider comments or III. Costs and Supply of Advanced Biofuel Potentially regulated categories include:

Category NAICS 1 codes SIC 2 codes Examples of potentially regulated entities

Industry ...... 324110 2911 Petroleum Refineries. Industry ...... 325193 3869 Ethyl alcohol manufacturing. Industry ...... 325199 2869 Other basic organic chemical manufacturing. Industry ...... 424690 5169 Chemical and allied products merchant wholesalers. Industry ...... 424710 5171 Petroleum bulk stations and terminals. Industry ...... 424720 5172 Petroleum and petroleum products merchant wholesalers. Industry ...... 221210 4925 Manufactured gas production and distribution. Industry ...... 454319 5989 Other fuel dealers. 1 North American Industry Classification System (NAICS). 2 Standard Industrial Classification (SIC) system code.

This table is not intended to be using the maximum reduction permitted possible reduction of the 2018 volume exhaustive, but rather provides a guide under that authority (considering the requirement for BBD, which was set at for readers regarding entities likely to proposed cellulosic volume 2.1 billion gallons in 2016.5 We did, engage in activities that may be affected requirement) to reduce the 2018 volume however, request comment on the use of by this action. Other types of entities targets for advanced biofuel and total the general waiver authority or other not listed in the table could also be renewable fuel to 4.24 and 19.24 billion authorities to reduce the advanced affected. To determine whether your gallons, respectively, in part by placing biofuel requirement for 2018, and BBD entity would be affected by this rule, if a greater emphasis on cost is not only nested within advanced finalized, you should carefully examine considerations than we have in the past. biofuel but is also the predominant the applicability criteria in 40 CFR part We requested comment on possible source of advanced biofuel. Therefore, 80. If you have any questions regarding additional reductions in advanced considerations leading to a reduction of the applicability of the July proposal to biofuel (with corresponding reductions the advanced biofuel volume may also a particular entity, consult the person in total renewable fuel) using the be relevant in reducing the 2018 BBD listed in the FOR FURTHER INFORMATION general waiver authority in CAA section volume requirement. In this document CONTACT section. 211(o)(7)(A) or other authorities. we are providing additional information Similarly, we requested comment on on renewable fuel costs and supply as II. Overview whether EPA should, in the final rule, well as possible options for the exercise On July 21, 2017, EPA proposed reduce the 2019 volume requirement for of our waiver authorities based on these reductions in the statutory volume biomass-based diesel (BBD) 3 to a level and other considerations. targets for advanced biofuel and total below the proposed level of 2.1 billion We note that the statute also provides renewable fuel using the cellulosic gallons.4 EPA the authority to waive a portion of waiver authority in Clean Air Act (CAA) We did not specifically request the BBD standard if there is a significant section 211(o)(7)(D).2 We proposed comment in the proposed rule on a renewable feedstock disruption or other

1 82 FR 34206. document and the NPRM that the final rule could fuels and limiting in certain circumstances the 2 82 FR 34206. implement volume requirements that deviate additional cost or economic impact associated with 3 Advanced biodiesel and renewable diesel with further from the volume targets in the statute than such increases. We invite comment on how to a D code of 4. the proposed levels. We believe the statutory balance these objectives in exercising our waiver 4 We note the possibility that in light of our provisions embody multiple Congressional authorities. consideration of comments received on this objectives, including both increasing renewable 5 81 FR 89746, December 12, 2016.

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market circumstance that would make to blenders, as well as the price of following a recent preliminary the price of biomass-based diesel fuel biodiesel blends to consumers. While it determination by the Department of increase significantly, and to make does not appear that the expiration of Commerce that it would be appropriate related reductions in the advanced the tax credit has had a direct impact on to place countervailing duties of 41% to biofuel and total renewable fuel volume the price of unblended biodiesel (B100) 68% on imports of biodiesel from requirements.6 In light of recent in 2017, we expect that the expiration Argentina and Indonesia.8 Cash deposits developments, described below, we seek of the tax credit has had a significant against preliminary duties are currently comment on whether it would be impact on the effective price of being collected, potentially impacting appropriate to use this waiver authority biodiesel sold to blenders. This is prices prior to a final determination. in the final rule. because the biodiesel tax credit that Such duties could also affect import expired at the end of 2016 was received volumes as pointed out in a recent letter III. Cost and Supply of Advanced by biodiesel blenders, rather than Biofuel from the American Fuel and biodiesel producers. The price of 9 As EPA indicated in the July biodiesel and EPA’s estimated effective Petrochemical Manufacturers (AFPM). proposal, the cost of advanced biofuels price of biodiesel to blenders (net the A final decision from the Department of is high on a per gallon basis compared $1/gallon tax credit when applicable) Commerce and the International Trade to the petroleum fuels they replace. The from January 2016 through August 2017 Commission, which could include final expiration of the biodiesel tax credit in are shown in Figure III–1 below.7 We countervailing duty orders, is scheduled the U.S. at the end of 2016 has already also expect the price of biodiesel used for December 29, 2017. impacted the effective price of biodiesel in the U.S. could increase further BILLING CODE 6560–50–P

BILLING CODE 6560–50–C export volumes have varied Moderated Transaction System (EMTS), The level of imports and exports can considerably over the last several years. we have determined gross domestic also affect the price of renewable fuel Based on data collected on RIN production and import and export used in the U.S., and both imports and generation and retirement from the EPA- volumes for advanced biofuels and

6 Under CAA section 211(o)(7)(E)(ii). are identical, as the tax credit expired at the end Argentina and Indonesia,’’ available in EPA docket 7 After January 1, 2017 the price of biodiesel and of 2016. number EPA–HQ–OAR–2017–0091. the estimated effective price of biodiesel to blenders 8 ‘‘Commerce Preliminary Finds Countervailable 9 ‘‘AFPM letter on biodiesel supply in 2017,’’ Subsidization of Imports of Biodiesel from available in docket EPA–HQ–OAR–2017–0091.

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biomass-based diesel for the years 2013 found in a memorandum to the through 2016.10 Further details can be docket.11

TABLE III–1—SUPPLY OF ADVANCED BIOFUEL [million RINs]

2013 2014 2015 2016

Gross domestic production ...... 2,278 2,308 2,327 3,023 Imports ...... 911 479 710 1,177 Exports ...... 128 134 143 202

TABLE III–2—SUPPLY OF BIOMASS-BASED DIESEL [million RINs]

2013 2014 2015 2016

Gross domestic production ...... 2,162 2,196 2,155 2,791 Imports ...... 476 415 596 1,121 Exports ...... 125 134 143 202

Commenters raised concerns that IV. Possible Further Reductions of 2018 ‘‘inadequate domestic supply’’ of along with affecting prices of renewable Volume Requirements renewable fuel to consumers in 2016, fuels in the U.S., imports may also have A. General Waiver Authority and so exercised the general waiver an impact on the energy independence authority to reduce volumes to levels we and security status of the U.S.12 Section 211(o)(7)(A) of the CAA believed could be supplied.13 The Increasing the energy independence and provides that EPA, in consultation with United States Court of Appeals for the the Secretary of Agriculture and the security of the U.S. is one of the stated District of Columbia Circuit recently Secretary of Energy, may waive the goals in the Energy Security and ruled in a lawsuit challenging that rule applicable volumes specified in the Act Independence Act of 2007, and the RFS that EPA improperly focused on supply in whole or in part based on a petition of renewable fuel to consumers, and that program’s standards affect the volumes by one or more States, by any person of both domestic production and the statue instead requires a ‘‘supply- subject to the requirements of the Act, side’’ assessment of the volumes of imports. EPA requests comment on or by the EPA Administrator on his own renewable fuel that can be supplied to whether it is appropriate to consider motion. Such a waiver must be based on refiners, importers and blenders. possible impacts of these volumes on a determination by the Administrator, Americans for Clean Energy (‘‘ACE’’) v. U.S. energy independence and security after public notice and opportunity for EPA, 864 F.3d 691 (2017). Other in setting the applicable standards comment that: (1) Implementation of the under the RFS program, insofar as they requirement would severely harm the components of EPA’s interpretation of impact those factors that we are economy or the environment of a State, ‘‘inadequate domestic supply’’ were either upheld by the court in ACE (e.g., permitted to consider and evaluate a region or the United States, or (2) there EPA’s interpretation that carryover RINs under the available waiver authorities, is an inadequate domestic supply. We are not part of the ‘‘supply’’ for and/or the standard-setting authority for sought comment on the possible use of purposes of this waiver authority) or BBD. the general waiver authority in the proposal, and here are once again were not challenged (e.g., EPA’s EPA remains concerned about the seeking comment in light of the data consideration of biofuel imports as part high cost of advanced biofuels. As a provided in Section III of this document of the domestic supply). In response to result, and in light of the pending action and a possible revised interpretation of the proposed 2018 standards, we on countervailing duties on imported the inadequate domestic supply waiver received comments suggesting that EPA biodiesel from Argentina and Indonesia authority, as discussed below. We also should interpret the undefined term which we believe could, if finalized, solicit further comment on our use of ‘‘domestic’’ in ‘‘inadequate domestic further increase the cost and/or decrease the general waiver authority under a supply’’ to account for only volumes of the supply of advanced biofuel in the determination of either inadequate renewable fuel that are produced U.S., we believe it is appropriate to domestic supply or severe economic domestically.14 As we understand this request further comment on appropriate harm to reduce volumes of renewable suggestion, in determining the adequacy ways to determine the applicable fuel. of supply, EPA would consider only volume requirements for 2018, and the whether there was an adequate supply 1. Inadequate Domestic Supply BBD volume requirement for 2019. of domestically produced volumes to In the annual rule establishing the satisfy the statutory volume targets. If 2014–2016 renewable fuel standards, we there were not, EPA would be determined that there would be an authorized to reduce the statutory

10 The use of RIN data necessarily excludes 2) are expected to be an extremely small portion of 13 See 80 FR 77420 (December 14, 2015). renewable fuel import or export volumes for which all volumes. 14 See, e.g., comments from American Fuels and no RINs were generated. RINs may not be generated, 11 ‘‘Imports and exports of renewable fuel in 2013 Petrochemical Manufacturers/American Petroleum for instance, if ethanol has not been denatured or through 2016,’’ memorandum from David Korotney Institute (AFPM/API) (Docket Item No. EPA–HQ– to docket EPA–HQ–OAR–2017–0091. if a producer is exporting the renewable fuel. OAR–2017–0091–3645) and Valero (Docket Item However, for advanced biofuels, RINless volumes 12 See e.g., comments from AFPM/API, EPA–HQ– No. EPA–HQ–OAR–2017–0091–3677). (which would not be reflected in Tables III–1 or III– OAR–2017–0091–3645.

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applicable volumes. Having made the inadequate domestic supply. Although the domestic production of advanced threshold finding that there was an the Court in ACE explained that EPA biofuel if EPA were to further reduce the inadequate domestic supply, EPA could ‘‘may’’ or is ‘‘authorized’’ to consider proposed applicable volume of consider the availability of imports as renewable fuel imports as part of a advanced biofuel on the basis of an one factor among others in determining supply-side assessment under this interpretation of the term ‘‘inadequate whether to exercise its discretion to use waiver authority,18 we note that these domestic supply’’ as discussed in this the waiver authority. statements were made in the context of section. We also request comment on Some commenters suggested that this comparing supply-side considerations whether and how EPA should consider interpretation would rely on common to demand-side considerations, and the potential level of imports in dictionary definitions of ‘‘domestic,’’ as finding EPA’s demand-side determining whether to use its meaning ‘‘of, or relating to, or consideration to be impermissible. discretionary general waiver authority originating within a country and Thus, the court’s statements may to reduce the required volume especially one’s own country,’’ 15 or indicate the scope of permissible, but requirements should this interpretation ‘‘[o]f or pertaining to one’s own country not required, interpretations, and not be adopted. or nation; not foreign, internal, inland, foreclose further consideration by EPA Considering the nested nature of the ‘home.’’’ 16 Commenters suggested that of the scope of appropriate supply-side standards, we also seek comment on the this interpretation could lead to volume considerations in light of the statute and appropriateness of (and possible basis requirements providing greater stability the court’s decision.19 for) providing a reduction in the total and certainty for obligated parties; they We believe there are a number of renewable fuel applicable volume noted the increasing uncertainty in reasons why this interpretation of the requirement commensurate with any international trade markets for biofuels, phrase ‘‘inadequate domestic supply’’ reduction in the advanced biofuel including the potential for disruptions may be appropriate. First, as noted by volume requirement that may be in supply and duties being placed on commenters, this interpretation may be finalized based on a reinterpretation of these biofuels. These commenters consistent with a straightforward the inadequate domestic supply waiver suggested that by basing the volume reading of the term ‘‘domestic supply’’ authority as discussed in this section. requirements on the projected domestic as referring to volumes of domestically- We note that absent a commensurate supply of biofuels, EPA could set produced renewable fuels. Second, as reduction, the implied volume for volume requirements that would better also noted by commenters, basing EPA’s conventional biofuels (i.e., the ensure the availability of renewable fuel use of the general waiver authority on difference between advanced and total for compliance.17 domestic supply only may better meet volumes), would exceed the 15 billion We note that this interpretation of the the energy independence and security gallon implied cap that can be discerned statutory phrase ‘‘inadequate domestic purposes of EISA. Third, as EPA has from the statutory tables. We note that supply,’’ would not in any way limit the noted in past rulemakings,20 it is both the cellulosic waiver authority in use of qualifying imported biofuel by extremely difficult to project volumes CAA section 211(o)(7)(D) and the BBD obligated parties to ultimately comply that can be made available in the U.S. waiver authority in section 211(o)(7)(E) with the annual percentage standards. through imports, and we believe that in stipulate that when nested cellulosic or Imported and domestically produced light of this substantial uncertainty, that BBD volumes, respectively, are waived biofuels would still have the same EPA could reasonably interpret the under these authorities, that reductions opportunities to compete in the U.S. statute as allowing it the discretion to in the advanced and total renewable market as they do now. The waive statutory applicable volumes on fuel volume requirements are interpretation would only affect the way the basis of a more certain assessment authorized. Similarly, due to the nested in which EPA calculates the volumes of the likely supply of domestically- nature of the standards, advanced used to set the percentage standards produced fuels. biofuel can be used to meet the total with which obligated parties must We invite comment on this possible renewable fuel requirement. This comply, by allowing EPA to consider interpretation of the term ‘‘inadequate program structure, established in EISA, the supply of domestically produced domestic supply,’’ and the possibility of suggests that, in general, a reduction in biofuels in deciding whether to use the applying this interpretation to reduce a nested renewable fuel type can justify general waiver authority. Once the the final 2018 advanced biofuel volume a corresponding reduction in the other standards were established, however, requirement beyond the level proposed. renewable fuel standard or standards qualifying imported renewable fuel In Section III of this document we that the fuel can also be used to meet. could still be used to comply with the provide data on the domestic We seek comment on the extent to established standards, exactly as it is production of advanced biofuels for which EPA should interpret the currently. 2013 through 2016. We solicit comment inadequate domestic supply waiver We request comment on whether this on data and methodologies we should authority in CAA section 211(o)(7)(A) as interpretation would comply with the use for estimating the 2018 supply of also authorizing EPA to make a Court’s direction in ACE that we only domestically-produced BBD and other commensurate reduction in total consider ‘‘supply-side factors’’ in advanced biofuels if we adopt this renewable fuel volumes when waiving determining whether there is an interpretation. We also invite comment advanced biofuel volumes on the basis on the potential impact on imports and of inadequate domestic supply. 15 AFPM/API comments (citing Merriam-Webster Dictionary). 18 See e.g., ACE, 864 F.3d at 709. 2. Severe Economic Harm 16 Id. (citing Oxford English Dictionary). 19 Moreover, EPA’s interpretation of the term Section 211(o)(7)(A)(1) of the CAA 17 See, e.g., Comments from Valero (Docket Item ‘‘domestic’’ in the phrase ‘‘inadequate domestic provides that EPA may waive the No. EPA–HQ–OAR–2017–0091–3677). EPA notes supply’’ and the relevance of imports to EPA’s that we also received comments from the biodiesel assessment was not challenged in the litigation or applicable volume based on a industry that reducing volumes based on imports necessary for the court’s decision, so we believe determination that implementation of could actually harm domestic producers, see, e.g., that the court’s statements in this regard are dicta. the requirement would severely harm comments from the National Renderers Association 20 See, e.g., Renewable Fuel Standard Program: the economy or environment of a State, (Docket Item No. EPA–HQ–OAR–2017–0091–3959), Standards for 2017 and Biomass-Based Diesel National Biodiesel Board (Docket Item No. EPA– Volume for 2018, 81 FR 89746, 89764–65 a region, or the United States. We HQ–OAR–2017–0091–3880). (December 12, 2016). received comments from several

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stakeholders suggesting that EPA should whether it would be appropriate to This statutory provision also indicates reduce volumes on the basis of severe implement the provision by waiving the that EPA may reduce the applicable economic harm.21 We note that EPA has annual standard (in circumstances volume of renewable fuel and advanced previously expressed an interpretation where use of the provision is biofuels requirement by the same or a of the severe economic harm waiver in authorized) by a volume that does not lesser volume as the reduction in the denying petitions to exercise the exceed 15%. Alternatively, it may be BBD volume requirement. Were we to waiver.22 We solicit comment on the possible to implement the provision by exercise this BBD waiver authority, we appropriateness of this interpretation, as allowing each refiner or importer to believe it would be appropriate to lower well as rationales and data to support subtract from its compliance obligation the advanced biofuel and total approaches for identifying volumes that calculations an amount of gasoline and renewable fuel volumes by the same would be associated with severe diesel produced or imported during a amount, since the predominant form of economic harm, or other means of specific 60-day period, subject to a 15% advanced biofuel is BBD and a implementing this waiver authority limitation on the reduction in their reduction in the BBD volume consistent with the statutory provision. annual RVO. We note that the statute requirement may have little or no In particular, we seek input on whether also allows for an extension of any impact on BBD prices if there is no there is information indicating that initial waiver for additional 60-day commensurate reduction in advanced severe economic harm is occurring periods if the feedstock disruption or biofuel and total renewable fuel under current standards or would occur other market circumstance persists. We volumes. If the BBD volume for any volume requirement that could invite comment on how to interpret and requirement were to be reduced by 315 be established in the current implement the BBD waiver provision million gallons, an equivalent reduction rulemaking 23 and, if so, whether and consistent with the text and goals of the in advanced biofuel and total renewable how volumes should be adjusted to Act. fuel would be 473 million ethanol address such harm. equivalent RINs.28 This would bring the As described in Section III of this 2018 advanced biofuel volume B. Biomass-Based Diesel Waiver action, the price of biodiesel, requirement down from the proposed Authority particularly advanced biodiesel, has level of 4.24 billion gallons to 3.77 CAA section 211(o)(7)(E)(ii) provides been impacted by the expiration of the billion gallons and the 2018 total that if EPA determines that there is a federal tax credit at the end of 2016 and renewable fuel volume requirement significant renewable feedstock may be expected to be impacted further from the proposed level of 19.24 billion disruption or other market circumstance by the imposition of new duties on gallons to 18.77 billion gallons.29 that would make the price of BBD imports of biodiesel from Argentina and We request comment on the possible increase significantly, EPA shall, in Indonesia.24 We seek comment on the use of the waiver authority provided in consultation with the Secretary of likely result of these and any other CAA section 211(o)(7)(E)(ii) to reduce Energy, and the Secretary of factors on biodiesel prices, and the the 2018 volume requirement for BBD Agriculture, issue an order to reduce, for extent to which any expected price by as much as 315 million gallons, and up to a 60-day period, the annual increases should be considered to concurrently reduce the advanced volume requirement for BBD by an ‘‘significant’’ for purposes of the waiver biofuel and total renewable fuel volume appropriate quantity that does not authority in CAA section requirements by as much as 473 million exceed 15 percent. The statute also 211(o)(7)(E)(ii). We also seek comment gallons. In particular, we seek data on stipulates that EPA is authorized to on whether the relevant biodiesel prices recent BBD price increases and reduce applicable volumes of advanced are those paid by refiners, importers and expectations for additional price biofuel and total renewable fuel by the blenders,25 and if so whether it is increases, and we seek comment on the same or a lesser volume than the appropriate to consider the increase in extent to which these price increases reduction in BBD. Also, the statute the ‘‘effective price’’ of biomass-based should be considered ‘significant’’ for provides that EPA may provide diesel (net of any tax credit) to blenders purposes of the CAA section additional 60-day waivers, with an for these purposes. We note that the 211(o)(7)(E)(ii) waiver authority and the appropriate additional reduction in the 2018 BBD volume requirement was extent of a waiver (up to 15%) that annual requirement of up to 15%, if established by rule in 2016 at 2.1 billion would be necessary to address or avoid EPA determines that the feedstock gallons.26 Therefore, if EPA were to a significant price increase. disruptions or circumstances warranting make the appropriate findings under the V. Consideration of Possible Reductions the initial waiver are continuing. statute, CAA section 211(o)(7)(E)(ii) in the Biomass-Based Diesel Volume We note that the renewable fuels would authorize an initial waiver of up Requirement for 2019 standards apply on an annual basis and to 315 million gallons (15% as specified compliance is determined three months in the statute) of the 2018 applicable The statute establishes applicable after the end of the year. Waiving the volume requirement of 2.1 billion gallon volume targets for BBD only through standard for 60 days without adjusting (resulting in an applicable volume as 2012. For years after those for which the annual standard would provide no low as 1.79 billion gallons), with relief. We thus solicit comment on additional incremental reductions 28 In the context of calculating the applicable percentage standards from the volume possible in 60 day intervals if the requirements, one gallon of BBD is equivalent to 1.5 21 See, e.g., comments from American Fuels and circumstances warranted.27 gallons of ethanol. The advanced biofuel and total Petrochemical Manufacturers/American Petroleum renewable fuel applicable volumes are expressed as Institute (AFPM/API) (Docket Item No. EPA–HQ– 24 ethanol-equivalent volumes, whereas the BBD OAR–2017–0091–3645) and Valero (Docket Item Both advanced and conventional biodiesel are applicable volume requirement is expressed in No. EPA–HQ–OAR–2017–0091–3677). imported from these two countries. terms of biodiesel equivalence. 25 22 See e.g., 73 FR 47168 (August 13, 2008) (Notice This approach would arguably be consistent 29 The statute does not specifically require notice of Decision Regarding the State of Texas Request for with the focus of the ACE Court on the ability of and opportunity for comment prior to EPA issuance a Waiver of a Portion of the Renewable Fuel these parties to blend the statutorily required of a waiver under CAA section 211(o)(7)(E)(ii); that Standard); 77 FR 70752 (November 27, 2012) volumes of renewable fuel. EPA is providing an opportunity for comment (Notice of Decision Regarding Requests for a Waiver 26 81 FR 89746, December 12, 2016. regarding EPA’s possible first use of this authority of the Renewable Fuel Standard). 27 2.10 billion gallon BBD volume requirement × at this time should not be viewed as suggesting that 23 82 FR 34206 (July 21, 2017). 15% = 315 mill gal. EPA would always do so in the future.

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volumes are specified in the statute, volumes of BBD),30 which could affect 2018 advanced biofuel volume EPA is required under CAA section our analysis of several of the factors requirement. If we determine that it is 211(o)(2)(B)(ii) to determine the listed above. Additionally, on August appropriate to use one of the waiver applicable volume of BBD, in 28, 2017, the Department of Commerce authorities discussed above to reduce coordination with the Secretary of published a preliminary determination the required volume of advanced biofuel Energy and the Secretary of Agriculture, that countervailing subsidies are being in 2018, it is possible that similar based on a review of implementation of provided to producers and/or exporters considerations would lead us to provide the program during calendar years for of biodiesel from Argentina and reductions of the 2019 advanced biofuel which the statute specifies the volumes Indonesia, and began requiring cash volume requirement for similar reasons. and an analysis of the following factors: deposits equal to the subsidy rates.31 A lower required volume of advanced 1. The impact of the production and These subsidies ranged from 50%–64% biofuel in 2019 could result in the use of renewable fuels on the for biodiesel from Argentina and 41%– proposed required volume of BBD for 32 environment, including on air quality, 68% for biodiesel from Indonesia. If 2019 (2.1 billion gallons or 3.15 billion climate change, conversion of wetlands, finalized, the determination would have ethanol-equivalent RINs) driving ecosystems, wildlife habitat, water a direct impact on the cost of biodiesel demand for advanced biodiesel and quality, and water supply; imported from these countries, and renewable diesel, and could provide could ultimately lead to increased cost insufficient room under the advanced 2. The impact of renewable fuels on to consumers of transportation fuel and standard for non-BBD advanced biofuels the energy security of the United States; the cost to transport goods, and/or could to compete for market share within the 3. The expected annual rate of future lead to reduced imports from these advanced biofuel category and an commercial production of renewable countries and potentially more limited inappropriate level of guaranteed fuels, including advanced biofuels in supplies in the United States. support to the BBD industry. each category (cellulosic biofuel and In our proposed assessment of the In addition to these considerations, BBD); statutory factors listed above, we noted we seek comment on the extent to 4. The impact of renewable fuels on that the proposed BBD standard for which the successful BBD industry the infrastructure of the United States, 2019, if finalized, would not likely requires the proposed level of including deliverability of materials, impact the advanced biodiesel and guaranteed support, or if the advanced goods, and products other than renewable diesel supply to the U.S. standard together with a significantly renewable fuel, and the sufficiency of market. Instead, the higher advanced lower BBD standard would be sufficient infrastructure to deliver and use biofuel volume requirement would be for that purpose while advancing the renewable fuel; the determinant, and the market would goals of energy independence and 5. The impact of the use of renewable supply more advanced biodiesel and security by providing additional fuels on the cost to consumers of renewable diesel than the BBD standard encouragement for the growth of other transportation fuel and on the cost to would require. We further noted in the types of advanced biofuels. July proposal our expectation that the transport goods; and We request comment on how EPA historic trend in establishing the should take into consideration the costs 6. The impact of the use of renewable advanced volume requirements (i.e., of biodiesel and the factors that fuels on other factors, including job annual increases) would continue into influence those costs, together with creation, the price and supply of 2019, and the current production levels other relevant factors discussed above or agricultural commodities, rural and costs for different types of advanced which commenters may wish to bring to economic development, and food prices. biofuel led us to believe that the same our attention, in setting the appropriate The statute also specifies that the volume of BBD would likely be required volume of BBD for 2019. We volume requirement for BBD cannot be produced and imported to satisfy the also request comment on what the less than the applicable volume anticipated 2019 advanced biofuel volume requirement should be, noting specified in the statute for calendar year standard regardless of the applicable that it could be equal to or greater than 2012, which is 1.0 billion gallons. The volume of BBD we ultimately required the statutory minimum of 1.0 billion statute does not, however, establish any for purposes of the 2019 BBD standard. gallons. other numeric criteria, or specify how Any differences in the production and EPA should weigh the importance of the import of BBD were expected to be VI. Executive Order 12866: Regulatory often competing factors, and the marginal and uncertain as BBD Planning and Review and Executive overarching goals of the statute when competes with other advanced biofuels Order 13563: Improving Regulation and EPA sets the applicable volumes of BBD in meeting the 2019 advanced biofuel Regulatory Review in years after those for which the statute volume. We proposed a level that we specifies such volumes. In the period reasoned would provide a level of This rulemaking is a significant 2013–2022, the statute specifies guaranteed support to the BBD industry, regulatory action that was submitted to increasing applicable volumes of while also ensuring an opportunity the Office of Management and Budget cellulosic biofuel, advanced biofuel, and under the advanced standard for the (OMB) for review, as it raises novel legal total renewable fuel, but does not do so further development and marketing of or policy issues arising out of legal for BBD, instead specifying only a 1.0 non-BBD advanced biofuels that might mandates, the President’s priorities, or billion gallon minimum and factors that have superior environmental the principles set forth in the Executive EPA must evaluate in determining the characteristics or cost implications. As Order. Any changes made in response to volume requirement that EPA is to set. noted above, we are now also soliciting OMB recommendations have been documented in the docket. We received comments on our July comment on options for reducing the proposal requesting that EPA reduce the Dated: September 26, 2017. proposed applicable volume of BBD for 30 See e.g., comments from AFPM/API, EPA–HQ– E. Scott Pruitt, 2019 due to the large volume of OAR–2017–0091–3645. Administrator. 31 See 82 FR 40746 and 82 FR 40748 (July 21, imported biodiesel and renewable diesel 2017). [FR Doc. 2017–21128 Filed 10–3–17; 8:45 am] in recent years (See Table 2 for import 32 Ibid. BILLING CODE 6560–50–P

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DEPARTMENT OF HEALTH AND Following the Supreme Court’s opinion Federal Register on January 12, 2017. HUMAN SERVICES in Windsor, the Federal government was The proposed rule specified the permitted to recognize the validity of qualifications needed for qualified Centers for Medicare & Medicaid same-sex marriages when administering practitioners to furnish and fabricate, Services Federal statutes and programs. and qualified suppliers to fabricate The December 2014 rulemaking [CMS–3302–WN] prosthetics and custom-fabricated proposed to revise certain conditions of orthotics; accreditation requirements 42 CFR Part 416, 418, 482, 483, and 485 participation (CoPs), conditions for that qualified suppliers must meet in coverage (CfCs), and requirements for order to bill for prosthetics and custom Medicare and Medicaid Programs; certain Medicare- and Medicaid- fabricated orthotics; requirements that participating facilities to ensure that the Revisions to Certain Patient’s Rights an organization must meet in order to requirements at issue were consistent Conditions for Participation and accredit qualified suppliers to bill for Conditions for Coverage; Withdrawal with the Windsor decision. We received 97 public comments in response to the prosthetics and custom-fabricated AGENCY: Centers for Medicare & December 2014 proposed rule. orthotics; and a timeframe by which Medicaid Services (CMS), HHS. Following publication of the proposed qualified practitioners and qualified ACTION: Withdrawal of proposed rule. rule, on June 26, 2015 in Obergefell v. suppliers must meet the applicable Hodges, (135 S. Ct. 2584 (2015)), the licensure, certification, and SUMMARY: This document withdraws a Supreme Court held that the Due accreditation requirements. In addition, proposed rule that was published in the Process and Equal Protection clauses of the proposed rule removed the current Federal Register on December 12, 2014. the Fourteenth Amendment requires a exemption from accreditation and This proposed rule would revise the state to license a marriage between two quality standards for certain applicable conditions of participation people of the same sex, and to recognize practitioners and suppliers. for certain providers, conditions for same-sex marriages lawfully performed DATES: As of October 4, 2017, the coverage for certain suppliers, and in other States. In light of the Obergefell proposed rule published January 12, requirements for long-term care decision, we have decided to withdraw 2017, at 82 FR 3678, is withdrawn. facilities, to ensure that the the December 2014 proposed rule. We requirements are consistent with the believe that the Obergefell decision has FOR FURTHER INFORMATION CONTACT: John Supreme Court decision in United addressed many of the concerns raised Spiegel, (410) 786–1909. States v. Windsor (570 U.S.12, 133 S. Ct. in the December 2014 proposed rule. 2675 (2013)), and HHS policy. Accordingly, the proposed rule SUPPLEMENTARY INFORMATION: In the Specifically, it proposed to revise published December 12, 2014, at 79 FR January 12, 2017 Federal Register (82 certain definitions and patient’s rights 73873, is withdrawn. FR 3678), we published a proposed rule provisions that currently defer to state titled, ‘‘Medicare Program; Dated: August 24, 2017. law, in order to ensure that same-sex Establishment of Special Payment Seema Verma, spouses are recognized and afforded Provisions and Requirements for equal rights in certain Medicare and Administrator, Centers for Medicare & Qualified Practitioners and Qualified Medicaid Services. Medicaid-participating facilities. Suppliers of Prosthetics and Custom Approved: September 7, 2017. DATES: As of October 4, 2017, the Fabricated Orthotics’’ to ensure that Thomas E. Price, proposed rule published December 12, only those who are qualified to do so 2014, at 79 FR 73873, is withdrawn. Secretary, Department of Health and Human can furnish, fabricate, and bill for the Services. FOR FURTHER INFORMATION CONTACT: prosthetics and custom-fabricated [FR Doc. 2017–21419 Filed 10–3–17; 8:45 am] Ronisha Blackstone, 410–786–6882. orthotics addressed by the proposed BILLING CODE 4120–01–P SUPPLEMENTARY INFORMATION: On rule. December 12, 2014, we published a We received over 5,000 public proposed rule in the Federal Register DEPARTMENT OF HEALTH AND comments in response to the January 12, entitled, ‘‘Medicare and Medicaid HUMAN SERVICES 2017 proposed rule. Program; Revisions to Certain Patient’s Rights Conditions of Participation and Centers for Medicare & Medicaid In light of the cost and time burdens Conditions for Coverage’’ (79 FR 73873). Services that the proposed rule would create for In United States v. Windsor, 570 U.S.12, many providers and suppliers, 133 S. Ct. 2675 (2013), the Supreme 42 CFR Part 424 particularly the cost and burden for Court held that section 3 of the Defense those providers and suppliers that are [CMS–6012–WN] of Marriage Act (DOMA) was small businesses, and the complexity of unconstitutional because it violated the RIN 0938–AR84 the issues raised in the detailed public Fifth Amendment (See Windsor, 133 S. comments received, we are withdrawing Ct. 2675, 2695). Section 3 of DOMA Medicare Program; Establishment of the January 12, 2017 proposed rule in provided that in determining the Special Payment Provisions and order to assure agency flexibility in re- meaning of any Act of the Congress, or Requirements for Qualified examining the issues and exploring of any ruling, regulation, or Practitioners and Qualified Suppliers options and alternatives with interpretation of the various of Prosthetics and Custom-Fabricated stakeholders. Orthotics; Withdrawal administrative bureaus and agencies of Accordingly, the proposed rule the United States, the word ‘‘marriage’’ AGENCY: Centers for Medicare & published January 12, 2017, at 82 FR meant only a legal union between one Medicaid Services (CMS), HHS. 3678, is withdrawn. man and one woman as husband and ACTION: Withdrawal of proposed rule. wife, and the word ‘‘spouse’’ could refer only to a person of the opposite sex who SUMMARY: This document withdraws a was a husband or a wife (1 U.S.C. 7). proposed rule that was published in the

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Dated: July 21, 2017. 2016 (no earlier than 60 days after the Secretary of Health and Human Services Demetrios L. Kouzoukas, rule was finalized), and phase II would (the Secretary) under the Health Principal Deputy Administrator and Director, begin no sooner than January 1, 2017. Insurance Portability and Center for Medicare. The proposed goal was to have both Accountability Act of 1996 (HIPAA). Approved: September 7, 2017. phases of the model in full operation This proposed rule would have also Thomas E. Price, during the last 3 years of the proposed established penalty fees for a CHP that Secretary, Department of Health and Human 5-year duration to fully evaluate failed to comply with the certification of Services. changes and collect sufficient data. compliance requirements. We received 1,350 timely public [FR Doc. 2017–21425 Filed 10–3–17; 8:45 am] DATES: As of October 4, 2017, the BILLING CODE 4120–01–P comments in response to the March 11, 2016, proposed rule. Some commenters proposed rule published January 2, signaled their support for the proposed 2014, at 79 FR 298, is withdrawn. DEPARTMENT OF HEALTH AND rule, however, a number of commenters FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES expressed concerns about the proposed Geanelle G. Herring, (410) 786–4466. model. As we worked to address these Centers for Medicare & Medicaid concerns, the complexity of the issues SUPPLEMENTARY INFORMATION: In the Services related to the proposed model design January 2, 2014, Federal Register (79 FR and the desire to increase stakeholder 298), we published the proposed rule 42 CFR Part 511 input led us to the decision to withdraw titled ‘‘Administrative Simplification: Certification of Compliance for Health [CMS–1670–WN] the March 11, 2016 proposed rule. Moving forward, we want to ensure Plans’’ which would have required RIN 0938–AS85 agency flexibility in re-examining these controlling health plans (CHPs) to important issues and exploring new submit certain information and Medicare Program; Part B Drug options and alternatives with documentation that demonstrated Payment Model; Withdrawal stakeholders as we develop potential compliance with the standards and operating rules adopted under the AGENCY: Centers for Medicare & payment models that support innovative Health Insurance Portability and Medicaid Services (CMS), HHS. approaches to improve quality, Accountability Act of 1996 (HIPAA) for ACTION: Withdrawal of proposed rule. accessibility, and affordability, reduce Medicare program expenditures, and three electronic transactions: Eligibility SUMMARY: This document withdraws a empower patients and doctors to make for a health plan, health care claim proposed rule that was published in the decisions about their health care. status, and health care electronic funds Federal Register on March 11, 2016. Accordingly, the proposed rule transfers (EFT) and remittance advice. The proposed rule discussed our published March 11, 2016, at 81 FR The proposed rule would have also proposal to implement a new Medicare 13230, is withdrawn. established penalty fees for a CHP that failed to comply with the certification of payment model under section 1115A of Dated: July 17, 2017. the Social Security Act (the Act). compliance requirements. Seema Verma, DATES: As of October 4, 2017, the We received approximately 72 public Administrator, Centers for Medicare & proposed rule published March 11, Medicaid Services. comments in response to the January 2, 2016, at 81 FR 13230, is withdrawn. 2014 proposed rule. In light of the Dated: August 25, 2017. FOR FURTHER INFORMATION CONTACT: issues raised in the public comments Thomas E. Price, Rasheeda Johnson, (410) 786–3434. received, we have decided to withdraw Secretary, Department of Health and Human SUPPLEMENTARY INFORMATION: On March the January 2014 proposed rule in order Services. to re-examine the issues and explore 11, 2016, we published a proposed rule [FR Doc. 2017–21420 Filed 10–3–17; 8:45 am] in the Federal Register entitled options and alternatives to comply with BILLING CODE 4120–01–P ‘‘Medicare Program; Part B Drug the statutory requirements. We note that Payment Model’’ (81 FR 13230). The the Secretary has established regulations rule proposed the Part B Drug Payment pertaining to compliance with, and DEPARTMENT OF HEALTH AND Model as a two-phase model that would enforcement of, HIPAA Administrative HUMAN SERVICES test whether alternative drug payment Simplification standards and operating rules. The withdrawal of this proposed designs will lead to a reduction in Office of the Secretary Medicare expenditures, while rule does not remove the requirements for covered entities to comply with any preserving or enhancing the quality of 45 CFR Parts 160 and 162 care provided to Medicare beneficiaries. of those regulations codified at 45 CFR In the first phase, CMS would test a [CMS–0037–WN] parts 160 and 162. change to the 6 percent add-on to Accordingly, the proposed rule Average Sales Price (ASP) that is used Administrative Simplification: published January 2, 2014, at 79 FR 298, to make drug payments under Part B Certification of Compliance for Health is withdrawn. Plans; Withdrawal such that the add-on would be 2.5 Dated: August 18, 2017. percent plus a flat fee (in a budget AGENCY: Office of the Secretary, HHS. Seema Verma, neutral manner). In the second phase, ACTION: Withdrawal of proposed rule. we would implement a collection of Administrator, Centers for Medicare & Medicaid Services. value-based purchasing tools similar to SUMMARY: This document withdraws the those employed by commercial health January 2, 2014, proposed rule that Dated: August 30, 2017. plans, pharmacy benefit managers, would have required a controlling Thomas E. Price, hospitals, and other entities that manage health plan (CHP) to submit information Secretary, Department of Health and Human health benefits and drug utilization. We and documentation demonstrating that Services. proposed to operate the model for 5 it is compliant with certain standards [FR Doc. 2017–21424 Filed 10–3–17; 8:45 am] years; phase I would begin in the fall of and operating rules adopted by the BILLING CODE 4120–01–P

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DEPARTMENT OF THE INTERIOR submit a comment by clicking on will consider all comments and ‘‘Comment Now!’’ information received during the Fish and Wildlife Service (2) By hard copy: Submit by U.S. mail comment period, our final or hand-delivery to: Public Comments determinations may differ from this 50 CFR Part 17 Processing, Attn: FWS–R4–ES–2017– proposal. 0063, U.S. Fish and Wildlife Service, [Docket No. FWS–R4–ES–2017–0063; Supporting Documents 4500030113] MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. A species status assessment (SSA) RIN 1018–BC16 We request that you send comments team prepared SSA reports for all three only by the methods described above. darter species. The SSA team was Endangered and Threatened Wildlife We will post all comments on http:// composed of Service biologists, in and Plants; 12 Month Findings on www.regulations.gov. This generally consultation with other species experts. Petitions To List the Holiday Darter, means that we will post any personal The SSA reports represent a Trispot Darter, and Bridled Darter; information you provide us (see Public compilation of the best scientific and Threatened Species Status for Trispot Comments, below, for more commercial data available concerning Darter information). the status of the species, including the impacts of past, present, and future AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: Bill Interior. factors (both negative and beneficial) Pearson, Field Supervisor, U.S. Fish and affecting each species. All three SSA ACTION: Proposed rule; 12-month Wildlife Service, Alabama Ecological reports underwent independent peer petition findings. Services Field Office, 1208 Main Street, review by scientists with expertise in Daphne, AL 36526; telephone 251–441– SUMMARY: We, the U.S. Fish and fish or amphibian biology, habitat 5181; or facsimile 251–441–6222. management, and stressors (factors Wildlife Service (Service), announce a Persons who use a telecommunications 12-month finding on a petition to list negatively affecting the species). The device for the deaf (TDD) may call the SSA reports and other materials relating three species, the holiday darter Federal Relay Service at 800–877–8339. (Etheostoma brevirostrum), the trispot to this proposal can be found on the SUPPLEMENTARY INFORMATION: darter (Etheostoma trisella), and the Southeast Region Web site at https:// bridled darter (Percina kusha), all Executive Summary www.fws.gov/southeast/ and at http:// freshwater fish native to Alabama, www.regulations.gov under Docket No. Why we need to publish a rule. Under FWS–R4–ES–2017–0063. Georgia, and Tennessee, as endangered the Act, if a species is determined to be or threatened under the Endangered an endangered or threatened species Information Requested for Proposed Species Act of 1973, as amended (Act). throughout all or a significant portion of Rule To List Trispot Darter After review of the best available its range, we are required to promptly Public Comments scientific and commercial information, publish a proposal in the Federal We intend that any final action we find that listing the trispot darter is Register and make a determination on resulting from the proposed rule will be warranted. Accordingly, we propose to our proposal within 1 year. Listing a based on the best scientific and list the trispot darter as a threatened species as an endangered or threatened commercial data available and be as species under the Act. If we finalize this species and designations and revisions accurate and as effective as possible. rule as proposed, it would add the of critical habitat can only be completed Therefore, we request comments or trispot darter to the List of Endangered by issuing a rule. information from other concerned and Threatened Wildlife and extend the This rule will propose the listing of governmental agencies, Native Act’s protections to the species. After the trispot darter (Etheostoma trisella), American tribes, the scientific review of the best available scientific as a threatened species. This rule community, industry, or any other and commercial information, we also summarizes our analysis regarding interested parties concerning this find that listing the holiday and bridled status of and threats to the trispot darter. proposed rule. We particularly seek darters is not warranted. The basis for our action. Under the DATES: We will accept comments comments concerning: Act, we can determine that a species is (1) The trispot darter’s biology, range, received or postmarked on or before an endangered or threatened species December 4, 2017. Comments submitted and population trends, including: based on any of five factors: (A) The (a) Biological or ecological electronically using the Federal present or threatened destruction, requirements of trispot darter, including eRulemaking Portal (see ADDRESSES, modification, or curtailment of its habitat requirements for feeding, below) must be received by 11:59 p.m. habitat or range; (B) Overutilization for breeding, and sheltering; Eastern Time on the closing date. We commercial, recreational, scientific, or (b) Genetics and taxonomy; must receive requests for public educational purposes; (C) Disease or (c) Historical and current range, hearings, in writing, at the address predation; (D) The inadequacy of including distribution patterns; shown in FOR FURTHER INFORMATION existing regulatory mechanisms; or (E) (d) Historical and current population CONTACT by November 20, 2017. Other natural or manmade factors levels, and current and projected trends; ADDRESSES: You may submit comments affecting its continued existence. We and by one of the following methods: have determined that the trispot darter (e) Past and ongoing conservation (1) Electronically: Go to the Federal is a threatened species based on a loss measures for the species, its habitat, or eRulemaking Portal: http:// of habitat and connectivity (Factor A) both. www.regulations.gov. In the Search box, due to urbanization, land use patterns, (2) Factors that may affect the enter FWS–R4–ES–2017–0063, which is and drought. continued existence of the species, the docket number for this rulemaking. Peer review. We have requested which may include habitat modification Then, in the Search panel on the left comments from independent specialists or destruction, overutilization, disease, side of the screen, under the Document to ensure that we based our designation predation, the inadequacy of existing Type heading, check the Proposed Rules on scientifically sound data, regulatory mechanisms, or other natural box to locate this document. You may assumptions, and analyses. Because we or manmade factors.

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(3) Biological, commercial trade, or received the dates specified above in considered candidate species after that other relevant data concerning any DATES. Such requests must be sent to the date. threats (or lack thereof) to the species address shown in FOR FURTHER On April 20, 2010, we received a and existing regulations that may be INFORMATION CONTACT. We will schedule petition from Center for Biological addressing those threats. public hearings on this proposal, if any Diversity and others to list 404 aquatic (4) Additional information concerning are requested, and announce the dates, species in the southeastern United the historical and current status, range, times, and places of those hearings, as States, including the two distribution, and population size of the well as how to obtain reasonable aforementioned species as well as the species, including the locations of any accommodations, in the Federal bridled darter. In response to the additional populations of the species. Register and local newspapers at least petition, we completed a partial 90-day (5) Specific prohibitions and 15 days before the hearing. finding on September 27, 2011 (76 FR exceptions to those prohibitions that 59836), in which we announced our Peer Review may be necessary and advisable for the finding that the petition contained trispot darter’s conservation. We are In accordance with our joint policy on substantial information that listing may considering publishing a more tailored peer review published in the Federal be warranted for these three darter proposed rule with provisions set forth Register on July 1, 1994 (59 FR 34270), species. We conducted a status review under section 4(d) of the Act for public and our August 22, 2016, memorandum for each species. review and comment in the future. updating and clarifying the role of peer Background Please include sufficient information review of listing actions under the Act, with your submission (such as scientific we sought the expert opinions of Trispot Darter journal articles or other publications) to appropriate specialists regarding the allow us to verify any scientific or A thorough review of the taxonomy, SSA report for each species, including life history, and ecology of the trispot commercial information you include. the report for the trispot darter that Please note that submissions merely darter (Etheostoma trisella) is presented informed this proposed rule. The stating support for, or opposition to, the in the SSA report. purpose of peer review is to ensure that action under consideration without The trispot darter is a freshwater fish our listing determination is based on providing supporting information, found in the Coosa River System in the scientifically sound data, assumptions, although noted, will not be considered Ridge and Valley ecoregion of Alabama, and analyses. The peer reviewers have in making a determination, as section Georgia, and Tennessee. This fish has a expertise in fish biology, habitat, and 4(b)(1)(A) of the Act (16 U.S.C. 1531 et historical range from the middle to stressors to the species. We invite any seq.) directs that determinations as to upper Coosa River Basin with additional comment from the peer whether any species is an endangered or collections in the mainstem Coosa, reviewers during this public comment a threatened species must be made Oostanaula, Conasauga, and period. ‘‘solely on the basis of the best scientific Coosawattee Rivers, and their and commercial data available.’’ Previous Federal Actions tributaries. All known records of the You may submit your comments and trispot darter occur above the fall line in materials concerning this proposed rule The trispot darter was one of 29 fish the Ridge and Valley ecoregion. by one of the methods listed in species included in a March 18, 1975, Currently, the trispot darter is known to ADDRESSES. We request that you send notice of review published by the occur in Little Canoe Creek and comments only by the methods Service in the Federal Register (40 FR tributaries (Coosa River), Ballplay Creek described in ADDRESSES. 12297). On December 30, 1982, the tributaries (Coosa River), Conasauga If you submit information via http:// Service announced in the Federal River and tributaries, and Coosawattee www.regulations.gov, your entire Register (47 FR 58454) that the trispot River and one tributary. submission—including any personal darter, along with 147 other fish species, The trispot darter is a small-bodied, identifying information—will be posted were being considered for possible benthic fish ranging in size from 1.3 to on the Web site. If your submission is addition to the Endangered Species List. 1.6 inches (in) (3.3 to 4.1 centimeters made via a hardcopy that includes On November 4, 1983, the Service (cm)) as adults. The darter has three personal identifying information, you published a notice in the Federal prominent black dorsal saddles, pale may request at the top of your document Register (48 FR 50909) that a status undersurface, and a dark bar below the that we withhold this information from review was being conducted for the eye. Scattered dark blotches exist on the public review. However, we cannot trispot darter to determine if the species fins’ rays. During breeding season males guarantee that we will be able to do so. should be protected under the Act. On are a reddish-orange color and have We will post all hardcopy submissions November 21, 1991, we added the green marks along their sides and a red on http://www.regulations.gov. trispot darter to the candidate list as a band through their spiny dorsal fin. Comments and materials we receive, category 2 species on the Candidate The trispot darter is a migratory as well as supporting documentation we Notice of Review (CNOR) (56 FR 58804). species that utilizes distinct breeding used in preparing this proposed rule, The holiday darter was added to the and non-breeding habitats. From will be available for public inspection candidate list as a Category 2 species in approximately April to October, the on http://www.regulations.gov, or by the CNOR on November 15, 1994 (59 FR species inhabits its non-breeding appointment, during normal business 58997). Category 2 species were those habitat, which consists of small to hours, at the U.S. Fish and Wildlife species for which listing as endangered medium river margins and lower Service, Alabama Ecological Services or threatened species was possibly reaches of tributaries with slower Field Office (see FOR FURTHER appropriate, but for which biological velocities. It is associated with detritus, INFORMATION CONTACT). information sufficient to support a logs, and stands of water willow, and proposed rule was lacking. However, the substrate consists of small cobbles, Public Hearing the February 28, 1996, CNOR (61 FR pebbles, gravel, and often a fine layer of Section 4(b)(5) of the Act provides for 7596) discontinued recognition of silt. During low flow periods, the darters one or more public hearings on this Category 2 species, so the trispot and move away from the peripheral zones proposal, if requested. Requests must be holiday darters were no longer and toward the main channel; edges of

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water willow beds, riffles, and pools; Breeding behavior begins in April and Conasauga River contained small mayfly and mouths of tributaries. In late fall, lasts through May. Females are followed nymphs and blackfly larvae. this migratory species shifts its habitat by males as they select suitable Reproduction and spawning takes preference and begins movement toward spawning substrates of gravel, rock, or place approximately mid-April through spawning areas; this is most likely wood on which the pair orients mid-July. Spawning sites are selected by stimulated by precipitation, but vertically to spawn and attach eggs. females as they are followed by courting temperature changes and decreasing Females have the potential to produce males. Competitive behavior between daylight hours may also provide queues from 50–150 eggs over multiple males for the site-selecting female has to begin migration. Migration into spawning sites, and those eggs are then been observed, with the larger males spawning areas begins approximately fertilized by the male, or multiple attempting to chase away smaller males. late November or early December with different males. No studies have been In the Conasauga River, sneaker males fish moving from the main channels published on the lifespan of the holiday (smaller males that join with a spawning into tributaries and eventually reaching darter, but similar species live pair and mate with the female) have adjacent seepage areas where they will approximately 3 years. been observed. Rapid quivering of the congregate and remain for the duration pair during spawning helps to bury Bridled Darter of spawning, approximately until late fertilized eggs in sand. A spawning pair April. Breeding sites are intermittent A thorough review of the taxonomy, may undertake multiple spawning seepage areas and ditches with little to life history, and ecology of the bridled events at different locations. Females no flow; shallow depths (12 in (30 cm) darter (Percina kusha) is presented in have the potential to produce up to 75 or less); moderate leaf litter covering the SSA report. eggs per year, and their lifespan has mixed cobble, gravel, sand, and clay; a The bridled darter is a small been estimated to be approximately 3 deep layer of soft silt over clay; and freshwater fish native to the upper years. emergent vegetation. Trispot darters Coosa River basin in Georgia and Summary of Biological Status and predominantly feed on mayfly nymphs Tennessee. This fish’s current Threats and midge larvae and pupae. distribution includes the main channel The Act directs us to determine Trispot darters can live a maximum of of the Conasauga River in Murray and whether any species is an endangered 3 years, but most individuals die after Whitfield Counties, Georgia, and species or a threatened species because the end of their second year. Females Bradley and Polk Counties, Tennessee, of any factors affecting its continued lay approximately 300 adhesive eggs Etowah River in Dawson and Lumpkin existence. The SSA reports document that attach to vegetation or rocky Counties, Georgia, Amicalola Creek in the results of our comprehensive substrate. Once laid, the eggs are Dawson County, Georgia, Long Swamp biological status review for the holiday, abandoned and incubate for 30 days. Creek in Pickens County, Georgia, and bridled, and trispot darters, including Upon hatching, the trispot darter spends Talking Rock Creek in Pickens County, an assessment of the potential stressors approximately 41 days as larvae. Georgia. These are all considered small to the species. The SSA reports do not rivers with good water quality. It was Holiday Darter represent a regulatory decision by the also known to occur in short reaches of Service on whether the species should A thorough review of the taxonomy, several tributaries to both the Conasauga be proposed for listing as endangered or life history, and ecology of the holiday and Etowah Rivers. Morphological threatened species under the Act. They darter (Etheostoma brevirostrum) is variation exists between the darters in do, however, provide the scientific basis presented in the SSA report. the Conasauga River and those in the that informs that decision, which The holiday darter is a small, 2-in- Etowah River, but genetic studies do not involves the further application of long (5-cm-long) snubnose darter, so conclude that they are separate species. standards within the Act and its named because it is a colorful fish, with Adult bridled darters are about 3 in (4 implementing regulations and policies. notable red blotches surrounded by cm) in length and are muted in color. The following is a summary of the key white or yellow halos on the lower side Dark oval blotches are fused to form a results and conclusions from the SSA of the body. Unique from similar species lateral stripe. The lateral stripe merges reports; the full SSA reports can be with which it co-occurs, the holiday with a dark stripe behind the eye and found on the Southeast Region Web site darter has a distinct median red band continues forward of the eye; these at https://www.fws.gov/southeast/ and across the generally blue-green anal fin stripes resemble a horse’s bridle and at http://www.regulations.gov under in males in spawning color. The holiday lend the species its common name. Docket No. FWS–R4–ES–2017–0063. darter is found in small creeks to These darters are typically found in moderate-sized rivers above the fall line flowing pools and backwaters adjacent Summary of Analysis in the Ridge and Valley, Blue Ridge, and to runs in small rivers and lower To assess viability for the holiday, Piedmont ecoregions of Alabama, reaches of tributary creeks. They are bridled, and trispot darters, we used the Georgia, and Tennessee. Currently, the often found near submerged logs or three conservation biology principles of holiday darter is known to occur in vegetation and prefer a substrate of resiliency, representation, and parts of Shoal Creek, Conasauga River, sand, gravel, cobble, and bedrock. redundancy (together, the 3Rs). Briefly, Talking Rock Creek, Mountaintown The bridled darter is a sight feeder resiliency supports the ability of the Creek, tributaries of the Ellijay River, that has been observed to pluck food species to withstand environmental and Amicalola Creek, and the Etowah River. from submerged objects as well as the demographic stochasticity (for example, The holiday darter prefers clear streams water column by drift-feeding. When wet or dry, warm or cold years); with riffles and shallow areas of rivers drift-feeding, it positions itself representation supports the ability of that contain boulders, cobble, and gravel downstream of rocks, away from fast the species to adapt over time to long- substrate. While no complete life- currents, and feeds on invertebrates that term changes in the environment (for history studies of the species are are washed downstream and thrusted example, climate changes); and available, it is likely a benthic omnivore upward by turbulence. Feeding peaks in redundancy supports the ability of the that eats aquatic insect larvae and late afternoon before dusk. Stomach species to withstand catastrophic events microcrustaceans. contents for individuals from the (for example, droughts, hurricanes). In

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general, the more redundant and environment (‘‘Habitat Elements’’) or area, Urban area, Transportation, resilient a species is and the more characteristics about the population Hillside area) model. This model representation it has, the more likely it specifically (‘‘Population Elements’’). simulates patterns of urban expansion is to sustain populations over time, even Habitat elements consisted of an that are consistent with spatial under changing environmental evaluation of physical habitat, observations of past urban growth and conditions. Using these principles, we connectivity, water quality, and transportation networks. Regarding identified the species’ ecological hydrologic regime. Population elements climate, the Intergovernmental Panel on requirements for survival and consisted of an estimation of Climate Change utilized a suite of reproduction at the individual, approximate abundance, the extent of alternative scenarios in the Fifth population, and species levels, and occurrence (total length of occupied Assessment Report to make near-term described the factors influencing the streams), and an assessment of and long-term climate projections. In species’ viability. occurrence complexity. Representation our assessments, we used these The SSA process can be categorized describes the ability of a species to projections to help understand how into three sequential stages. During the adapt to changing environmental climate may change in the future and first stage, we used the 3Rs to evaluate conditions over time. For these darters what effects may be observed that individual life-history needs of all three to exhibit high representation, resilient impact the three darter species. darters. In the next stage, we assessed populations should occur in all Trispot Darter the historical and current condition of ecoregions to which they are native, and each species’ demographics and habitat maintain some level of connectivity For our analysis we considered four characteristics, including an between populations. These occupied extant MUs: Little Canoe Creek Basin, explanation of how the species arrived physiographic provinces represent the Ballplay Creek Basin, Conasauga River at their current conditions. In the final ecological setting in which the darters Basin, and Coosawattee River Basin. stage of the SSA we made predictions have evolved. Redundancy for all three Genetic research has defined distinct about the species’ responses to positive darters is characterized by having trispot darter populations in Little and negative environmental and multiple resilient and representative Canoe Creek, Ballplay Creek, and anthropogenic influences. This process populations distributed throughout its Conasauga River. It is unknown if used the best available information to range. Furthermore, these populations trispot darters in the Coosawattee River characterize viability as the ability of should maintain natural levels of basin are genetically distinct; however, each species to sustain populations in connectivity between them. we analyzed it as a separate MU because the wild over time. We utilized this Connectivity allows for immigration and this river would require a distinct information to inform our regulatory emigration between populations and management strategy due to decision in the 12-month findings. increases the likelihood of To evaluate the current and future hydroelectric operations at Carters Dam. recolonization should a population viability of the three darters, we Historical collections of the trispot become extirpated. An overall resiliency assessed a range of conditions to allow darter are known from Cowans Creek, a condition was estimated by combining us to consider the species’ resiliency, tributary to Spring Creek, which is in habitat and population elements. representation, and redundancy. U.S. turn a tributary to the Coosa River, and Population elements were weighted two Geological Survey delineated all Johns and Woodward Creeks, tributaries times higher than habitat elements watersheds within the United States at to the Oostanaula River. Currently, the because they are considered direct several different scales (or units) using trispot darter occupies approximately 20 indicators of population condition. a standardized system. Each hydrologic percent of its historically known range. Conditions were classified as ‘‘Low’’, unit is identified by a unique hydrologic Current Condition of Trispot Darter unit code (HUC) consisting of two to ‘‘Moderate’’, or ‘‘High’’. twelve digits based on six different After analyzing current conditions for Of the four current MUs for the trispot levels of classification. For this analysis, each species, we described how current darter, one has resiliency ranked as the 10-digit Hydrologic Unit Codes viability of the three darters may change ‘‘moderate,’’ and three have resiliency (HUC 10s) were used as a spatial over a period of 50 years. As with ranked as ‘‘low’’ in the analysis (see framework to delineate areas within the current conditions, we evaluated Table 2 below). For example, the Little geographical range of each species for species viability in terms of resiliency at Canoe Creek MU is expected to have a further analysis. Field collections were the population scale, and representation moderate resiliency to stochastic events used to identify species presence within and redundancy at the species scale. In because water quality is low, the HUC10 watersheds. For holiday and the SSA report, we described three abundance is qualitatively low, the bridled darters, populations were plausible future scenarios and whether occurrence complexity is high, Coosa defined as occupied HUC10 watersheds there will be a change, from current River reservoirs remove connectivity to and were used for analysis. Management conditions, to resiliency, representation, other MUs, and the extent of the units (MUs) were described for the or redundancy under each scenario. occupied habitat is small. The trispot darter and are defined as one or These scenarios capture the range of Conasauga River MU has ‘‘low’’ more HUC10 watersheds that the likely viability outcomes that the darters resiliency due to low water quality in species currently occupies. MUs were will exhibit by the end of 2070. The the middle and lower river, low grouped using population genetics future scenarios differ in two main abundance of fish per collection record, information and by expected elements of predicted change: a small and reduced population, and management requirements. urbanization and climate. To forecast overall simple occurrence spatial To qualitatively assess resilience, we future urbanization, we considered arrangement. A full analysis for each considered seven components that future scenarios that incorporate the unit’s resiliency can be found in the broadly relate to either the physical SLEUTH (Slope, Land use, Excluded SSA report.

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TABLE 2—CURRENT SPECIES RESILIENCY SUMMARY OF THE TRISPOT DARTER

Approximate Occurrence Occurrence Physical Water Hydrologic Overall abundance extent complexity habitat Connectivity quality regime condition

Little Canoe Creek ..... Low ...... Low ...... High ...... Low ...... Low ...... Low ...... Low ...... Moderate. Ballplay Creek ...... Low ...... Low ...... Low ...... Low ...... Low ...... Low ...... Low ...... Low. Conasauga River ...... Low ...... Low ...... Low ...... Low ...... Moderate .... Low ...... Low ...... Low. Coosawattee River ..... Low ...... Low ...... Low ...... Moderate .... Moderate .... Low ...... Low ...... Low.

Holiday Darter represented across the range. However, Redundancy is characterized by having For our analysis we considered seven connectivity is reduced for the species multiple resilient and representative populations: Conasauga River, Talking range-wide. Dams have completely populations distributed throughout its Rock Creek, Ellijay River, isolated the seven populations into four range. Because all but one population of Mountaintown Creek, Amicalola Creek, groups. The upper Etowah River- holiday darter exhibit low resiliency, Etowah River, and Shoal Creek. Amicalola Creek populations are the species is considered to also have isolated by Alatoona Dam; the Talking low redundancy. All populations have Current Condition of Holiday Darter Rock Creek population is isolated by experienced some declines, may have Six of the seven populations for Carters Re-regulation Dam; and the low numbers, or have low spatial holiday darter are estimated to have low Ellijay River and Mountaintown Creek complexity. Redundancy is present resiliency. The exception is Amicalola populations are isolated by Carters Dam. within the Coosawattee River, with Creek, where the fish is still found in 80 The Conasauga River and Holly Creek three populations still extant, but is still percent of the watershed that it populations are prevented from classified as ‘‘low’’ due to low resiliency occupied historically, and because it is dispersing to the other populations by of three populations. known to occur in Amicalola Creek, those same dams. The Shoal Creek In the occupied areas of the Little Amicalola Creek, Cochran Creek, population is isolated by large dams on Conasauga and Etowah Rivers, the and Gab Creek, it has a moderate spatial the Coosa River. Where dams do not majority of the records for the species occurrence complexity. The habitat fragment habitat, long reaches of are on U.S. Forest Service (USFS) land, elements were also ranked as moderate unoccupied habitat are present between which is noted for having good water for Amicalola Creek, giving that populations, indicating that migration quality and suitable habitat for holiday population an overall condition of between populations is uncommon or darters. For our analysis, we gave moderate. By comparison, the habitat unlikely. Finally, all populations of populations low resilience if they had elements were also moderate or high for holiday darter exist on the periphery of poor population elements, even if the the Etowah River, but this population the Coosa River basin and have likely habitat elements were moderate or high. had low population element rankings, reached the upstream limits for the Second, we declined to consider the leading to an estimate of low overall species. It is unlikely that individuals species to have better than low resiliency. A full analysis for each within a population will be able to representation and redundancy if the population’s resiliency can be found in migrate further upstream if necessary populations didn’t have better than low the SSA report. due to changes in environmental resiliency. Inconsistent survey Connectivity is an important aspect of conditions, further decreasing the methodologies and lack of standard representation because it provides for ability of the species to adapt to collection records also creates the exchange of novel and beneficial changing environmental conditions. uncertainty in any analysis of trends or adaptations and migration to more We estimate that the holiday darter the ability to compare data across years. suitable habitat (should it be necessary). currently may have low adaptive The best available data does not indicate Currently, all historically occupied potential due to limited representation a declining trend in abundance, and it ecoregions continue to be occupied by in six occupied watersheds, decreased is likely that the low abundance (and, holiday darters, so we can conclude that connectivity, and confinement to upper therefore, low resiliency) indicated in all known genetic, morphological, and reaches of occupied watersheds. Overall our analysis is due to the species being behavioral variability are still representation is considered to be low. naturally rare and difficult to detect.

TABLE 3—CURRENT SPECIES RESILIENCY SUMMARY OF THE HOLIDAY DARTER

Approximate Occurrence Occurrence Physical Water Hydrologic Overall abundance extent complexity habitat Connectivity quality regime condition

Conasauga River ...... Low ...... Low ...... Low ...... Moderate .... High ...... Moderate .... Moderate .... Low. Talking Rock Creek .... Low ...... Low ...... Low ...... Moderate .... High ...... Low ...... Moderate .... Low. Ellijay River ...... Low ...... Low ...... Low ...... Moderate .... Moderate .... Low ...... Low ...... Low. Mountaintown Creek .. Low ...... Low ...... Low ...... Moderate .... Moderate .... Moderate .... Moderate .... Low. Amicalola Creek ...... Moderate ...... Moderate .... Low ...... Moderate .... Moderate .... Moderate .... Moderate .... Moderate. Etowah River ...... Low ...... Low ...... Low ...... Moderate .... High ...... Moderate .... High ...... Low. Shoal Creek ...... Low ...... Low ...... Low ...... Moderate .... Low ...... High ...... Moderate .... Low.

Bridled Darter Rock Creek, Long Swamp Creek, Current Condition of Bridled Darter Amicalola Creek, and the Etowah River. For our analysis of the bridled darter All six populations of bridled darter we considered six populations: were classified as having low resiliency. Conasauga River, Holly Creek, Talking Although habitat conditions were

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moderate or high for many creeks, the dispersing in to the other populations having good water quality and suitable low population elements (abundance, by those same dams. Where dams do not habitat for bridled darters. For our extent, and complexity) caused the fragment habitat, long reaches of analysis, we gave populations low overall resiliency to be low. Currently, unoccupied habitat are present between resilience if they had poor population all historically occupied ecoregions are populations, indicating that migration elements, even if the habitat elements occupied, and all historically occupied between populations is uncommon or were moderate and high. Second, we watersheds are considered extant. unlikely. Redundancy for the bridled declined to consider the species to have Although populations that exhibit the darter is characterized by having better than low representation and known genetic, morphological, and multiple resilient and representative redundancy if the populations didn’t behavioral variability are currently populations distributed throughout its have better than low resiliency. extant, they do not exhibit high range. Because all populations of Inconsistent survey methodologies and resiliency, and representation is bridled darter exhibit low resiliency, the the lack of standard collection records therefore classified as low. Dams have species is considered to also have low completely isolated the six populations redundancy. All populations have creates uncertainty in any analysis of into three groups. The upper Etowah experienced declines in extent of trends or the ability to compare data River-Amicalola Creek-lower occupied habitat, are found in low across years. The best available data Longswamp Creek populations are numbers, or have low spatial does not indicate a declining trend in isolated by Alatoona Dam, and the complexity with reduced connectivity. abundance, and it is likely that the low Talking Rock Creek population is In the occupied areas of the abundance (and, therefore, low isolated by Carters Re-regulation Dam. Conasauga and Etowah Rivers, the resiliency) indicated in our analysis is The Conasauga River and Holly Creek majority of the records for the species due to the species being naturally rare populations are prevented from are on USFS land, which is noted for and difficult to detect.

TABLE 4—CURRENT SPECIES RESILIENCY SUMMARY OF THE BRIDLED DARTER

Approximate Occurrence Occurrence Physical Water Hydrologic Overall abundance extent complexity habitat Connectivity quality regime condition

Conasauga River ...... Low ...... Low ...... Low ...... Moderate .... High ...... Low ...... Moderate .... Low. Holly Creek ...... Moderate ...... Low ...... Low ...... Moderate .... High ...... Low ...... Moderate .... Low. Talking Rock Creek .... Low ...... High ...... Low ...... Moderate .... Low ...... Low ...... Moderate .... Low. Long Swamp Creek ... Low ...... Low ...... Low ...... Low ...... Low ...... Low ...... Low ...... Low. Amicalola Creek ...... Moderate ...... Low ...... Low ...... Moderate .... Moderate .... Moderate .... Moderate .... Low. Etowah River ...... Low ...... Low ...... Low ...... Moderate .... High ...... Moderate .... High ...... Low.

Risk Factors Influencing Viability for natural forested system, most rainfall feeding, and refugia habitat for fish Trispot, Holiday, and Bridled Darters soaks into the soil and is carried into species. Increased storm flows, in As required by the Act, we considered nearby streams via subsurface flow. addition, can cause physical washout of the five factors in assessing whether the Some evaporates or transpires, and a eggs and larval fishes, stress on adults, three species meet the definition of relatively small amount becomes surface and negatively alter the stream’s food threatened or endangered species. A runoff. In an urbanized system with web, affecting many fish species. There multitude of natural and anthropogenic high levels of impervious cover, such as is also a decrease in channel complexity factors may impact the status of species roads, parking lots, and rooftops, this and a reduction in in-stream cover and within aquatic systems. The largest cycle is altered; most stormwater hits natural substrates like boulders, cobble, threats to the future viability of the impervious surfaces and becomes and gravel. Hydrologic alteration can trispot, holiday, and bridled darters runoff, which then is channeled quickly also lead to other stressors that involve habitat degradation from to streams via stormwater drain pipes or negatively affect fish, such as stressors influencing four habitat ditches. Relatively little infiltrates into sedimentation and a loss of connected elements: Water quality, water quantity, the soil. As a result, storm flows in the suitable habitat. instream habitat, and habitat receiving stream are higher and more Sedimentation connectivity (Factor A). All of these frequent, although briefer in duration, factors are exacerbated by the effects of and base flows are lower. The storm Sedimentation can affect fish species climate change (Factor E). A brief discharge of urban streams can be twice by degrading physical habitat used for summary of these primary stressors is that of rural streams draining a foraging, sheltering, and spawning; presented below; for a full description, watershed of similar size, and the altering food webs and decreasing refer to chapter 4 of the SSA reports for frequency of channel-forming events stream productivity; forcing fish to each species. can be ten times that of pre- change their behaviors; and even development conditions. These flashy injuring or killing individual fish. Hydrologic Alteration stream flows and frequent, smaller high- Chronic exposure to sediment has been Hydrologic alteration in this system flow events negatively affect structural shown to have negative impacts to fish has two components: Increases in storm habitat on which the species depends. gills, which in addition to causing gill flow frequency and intensity and a Increases in flow frequency or intensity damage can possibly reduce growth decrease in base flows, which together can result in channel widening through rates. Sedimentation causes reduced create a ‘‘flashy’’ hydrologic regime. bank erosion or deepening to visibility, impacting fishes’ abilities to Activities that lead to hydrologic accommodate the additional discharge. feed and communicate. alteration include reservoir construction This results in increased downstream A wide range of activities can lead to and operation, water withdrawals, and sedimentation and unstable beds, both sedimentation within streams, including an increase in impervious surfaces. In a of which degrade channel complexity, agriculture, construction activities,

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stormwater runoff, unpaved roads, some Contaminants such as estrogen, from poultry litter forestry activities if certified best Contaminants, including metals, have been identified as a significant management practices are not used, hydrocarbons, pesticides, and other stressor to the Conasauga River basin. utility crossings, and dredging. potentially harmful organic and Estrogens have been found in water and Historical land use practices have inorganic compounds, can be toxic to sediment samples within the watershed substantially altered hydrological and fish and are common in urban streams at concentrations high enough to be geological processes such that including those within the range of disruptive to the endocrine system in sediments continue to be input into these three darters. Pesticides are fish. Increased levels of estrogens affect reproductive biology and result in streams for several decades after those frequently found in streams draining reduced breeding success In a recent activities cease. Examples of these agricultural lands, with herbicides being study of endocrine disruptors on fishes activities occurring with the range of the most commonly detected. Pesticides in the Conasauga River, approximately these species include: Urban impacts in also are heavily used in urban and 7.5 percent of male fishes surveyed were the Springville, Alabama, and Dalton, suburban areas, and many of these find found to have female cells in male Georgia, areas; agricultural practices in their way into streams and groundwater. the Conasauga River basin; and reproductive organs. The contamination of the Coosa River Livestock access to streams: On many livestock access to streams in the Little with polychlorinated biphenyl (PCBs) Canoe Creek watershed. farms, livestock is grazed on pastures has been attributed to the General adjacent to streams and rivers and Reduced Connectivity Electric facility in Rome, Georgia. livestock is allowed free access to the Although the facility closed in 1998, water. Livestock accessing riparian Connectivity is a species’ ability to contaminated sediments are still disperse to and from habitat patches. buffers and, subsequently, the stream documented there. In the Coosawattee proper, leads to habitat destruction and Excess groundwater withdrawal can River, PCBs are also listed as a source contribute to reduced connectivity if decreased water quality. Livestock can of impairment caused by nonpoint destabilize stream banks, which as sections of streams become dry for parts sources. These chemicals have toxic of the year. Dams and reservoirs reduce discussed above creates increased effects to the endocrine system, nervous sediment loads within these small connectivity by creating a physical system, reproductive system, blood, barrier between fish populations and systems. Livestock farming is often skin, and liver of animals and have confined to the river valleys within the changing habitat from flowing streams likely impacted these three darters in upper Coosa River basin; therefore, on to standing water, which is not suitable the Coosa and Coosawattee Rivers. many cattle farms, livestock is grazed on habitat for these three darters. Road Pesticides and herbicides are pastures adjacent to streams and rivers, crossings are also more prevalent in frequently found in streams draining and in some instances livestock is highly populated urban areas, and some agricultural land uses, with herbicides allowed free access to the water. road crossings have impassable culverts being the most commonly detected. Livestock is produced in every county that reduce connectivity. Many agricultural streams still contain with streams occupied by the bridled Loss of Riparian Vegetation dichlorodiphenyltrichloroethan (DDT) and holiday darters. and its degradation products. Loss of riparian vegetation means the Glyphosates and other inert ingredients Urbanization removal of natural plant communities found in Roundup can be toxic to fish Urbanization refers to a change in from the riparian zone of rivers and and other aquatic organisms, causing land cover and land use from forests or streams. Removal of riparian vegetation stress and reduced fitness; Roundup use agriculture to increased density of can destabilize stream banks, increasing within the range of these species is residential and commercial sedimentation and turbidity; increase prevalent and increasing due to the infrastructure. Urbanization includes a the contaminants and nutrients that adoption of ‘‘Roundup Ready’’ crops. wide variety of stressors on aquatic enter the water from runoff; increase Agriculture systems that affect water quantity, water water temperatures and light quality, channel structure, and penetration, which also increases algae Agriculture is another predominant connectivity. Therefore, urbanization is production; and alter available habitat land use within the range of all three anticipated to increase the magnitude of by reducing woody plant debris and leaf darters. Livestock grazing is prevalent in nearly all other stressors, and litter, which in turn decreases overall some areas, and poultry farming is also urbanization is expected to affect the stream productivity. These fish have common. darters across their range due to their adapted to occupy habitats that are Poultry Litter: Poultry litter is a known localities occurring in close surrounded by vegetation, which mixture of chicken manure, feathers, vicinity to the growing Atlanta moderates temperature by blocking solar spilled food, and bedding material that metropolitan area, Chattanooga, radiation; provides a source for frequently is used to fertilize Birmingham, and intervening areas with terrestrial plant material that forms the pastureland or row crops. Each poultry growing human populations and base of the food web and provides house has an estimated ability to increasing development. shelter and foraging habitat for the produce up to 100 tons of litter a year. fishes; and helps to maintain clear, Surface-spreading of litter results in Weather Events clean water and substrate through runoff from heavy rains carrying Weather events that affect stream filtration. Loss of riparian vegetation phosphorus and nitrogen from manure flows are considered to be most relevant decreases habitat suitability for the into nearby streams. Additionally, to these species. Broadly, these events trispot, holiday, and bridled darters. repeated or over application of poultry include extreme storms and droughts. Removal of riparian vegetation has litter can result in phosphorus buildup Increased flows can cause physical occurred where urban and agricultural in the soil. Excess phosphorus and washout of eggs and larval fishes, stress activities are prevalent such as increases nitrogen in stream systems increases on adults, and alter the production in a in development in Dalton, Chatsworth, blue-green algae and undesirable stream. Within the range of these and Ellijay, and row crop and pastures aquatic plants that rob water of oxygen, darters, extreme flows associated with in the Conasauga basin. causing fish kills. Endocrine disruptors, hurricanes have been reported to have

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negative effects on stream fish State of Alabama, endangered by the Georgia. Georgia’s stated goals for this populations. Reduced baseflows due to State of Georgia, and threatened by the area are maintenance or enhancement of droughts can cause population declines, State of Tennessee. In general, populations of sensitive species and habitat loss, reduced water quality protections accorded to the holiday management of riparian areas to benefit (decreased dissolved oxygen and darter by the States prohibit direct water quality, aquatic resources, and temperature alteration) leading to death, exploitation of the species. aesthetics. We expect that this provides crowding of individuals leading to Some populations of holiday darter some benefit to holiday darters in that stress, and decreased reproduction in are known from watersheds in which a location. Additionally, approximately stream fish populations. Climate models substantial percentage of lands are 488 acres (ac) (197 hectares (ha)) of for the southeastern United States owned and managed by the USFS. these lands were purchased with the project that average annual temperatures These populations are found in the assistance of a Recovery Land will increase, cold days will become Conasauga River, upper Etowah River, Acquisition Grant that prioritized the less frequent, the freeze-free season will and Shoal Creek. In the Conasauga River conservation of aquatic resources and lengthen by up to a month, temperatures and Shoal Creek, the majority of current species. Therefore, it is anticipated that exceeding 95 degrees Fahrenheit will records for the holiday darter are within State ownership and management increase, heat waves will become the boundary of USFS lands. Cherokee within the Amicalola Creek watershed longer, and the number of category 5 National Forest in Tennessee, will benefit the long-term survival of hurricanes will increase. While these Chattahoochee National Forest in holiday darters. climate models predict wide variability Georgia, and Talladega National Forest Within the Conasauga River basin, in weather patterns into the future, they in Alabama own and manage natural Natural Resources Conservation Service suggest that the region will be subjected resources in occupied watersheds in has begun a Working Lands for Wildlife to more frequent large storms those portions of the holiday darter’s project that provides technical and (hurricanes) as well as low flows from range. Management prescriptions financial assistance to help landowners droughts. implemented by the USFS in areas that improve water quality and help overlap with the range of the holiday producers plan and implement a variety Other Stressors darter are expected to benefit the of conservation activities or practices In our analysis of the factors affecting species. Specifically, 4.5 miles (mi) (7.2 that benefit aquatic species. Holiday these species, we found no evidence of kilometers (km)) of the Conasauga River darter may benefit in the future from population- or species-level impacts is eligible for Congressional Wild River water quality improvements in portions from overutilization for commercial, designation and is managed to protect of the Conasauga River that are affected recreational, scientific, or educational and perpetuate the features that led to by agricultural practices as a result of purposes. Also, there was no evidence the eligibility status. The river is also the Working Lands for Wildlife project. of any impacts due to disease or recognized for its aquatic biodiversity Priority watersheds within the range predation. by the USFS, and management strategies of the holiday darter have been designated as Strategic Habit Units by Conservation Actions employed by both Cherokee and Chattahoochee National Forests within the Alabama Rivers and Streams Trispot Darter the watershed include designated Network. The Strategic Habit Unit The trispot darter is recognized by wilderness areas, recommended wild project was developed for species Alabama, Georgia, and Tennessee as a river, recommended recreational river, restoration and enhancement. species of concern. This species is listed black bear habitat management, Watersheds occupied by holiday darter as Priority 2/High Conservation Concern restoration and maintenance of rare that have been designated as Strategic by the State of Alabama, endangered by communities, restoration and Habit Units are the Choccolocco Creek the State of Georgia, and threatened by management of old growth watershed (which includes the Shoal the State of Tennessee. Priority characteristics, and scenic corridors and Creek populations) and the Oostanaula watersheds within the range of the sensitive viewsheds. These management River watershed (which includes the trispot darter have been designated as strategies, which emphasize natural Conasauga and Coosawattee River Strategic Habit Units by the Alabama forest communities and water quality populations). are expected to benefit holiday darter Rivers and Streams Network. The Bridled Darter Strategic Habit Unit project was within the Conasauga River watershed. developed for species restoration and The Chattahoochee National Forest The bridled darter is recognized by enhancement. Alabama is conducting an management prescriptions within the Georgia and Tennessee as a species of analysis and the results are intended to upper Etowah River also broadly concern. It is listed as endangered by contribute to restoration projects that emphasize and promote natural plant the State of Georgia. In general, will improve habitat and water quality communities and so are expected to protections accorded to species that are for at risk and listed species. The benefit holiday darter within this listed by the States prohibit their direct Atlantic Coast Conservancy holds a tract watershed. Standards outlined in the exploitation. of land within Ballplay Creek that could Revised Land and Management Plan for Some populations of bridled darter offer some protection in the watershed. National Forests in Alabama (2004) are known from watersheds in which a Natural Resources Conservation generally protect water and habitat substantial percentage of lands are Service’s Working Lands for Wildlife quality in streams. Direct observations owned and managed by the USFS. partnership within the basin will help of Shoal Creek have found the stream to These populations are found in the farmers develop and implement have good water quality with high levels Conasauga River and upper Etowah strategies to improve water quality. of dissolved oxygen, stable pH levels, River. In the Conasauga River, the and low sedimentation, confirming the majority of current records for the Holiday Darter benefits of USFS management strategies bridled darter are within the The holiday darter is recognized by to holiday darter habitat. proclamation boundary of USFS lands. Alabama, Georgia, and Tennessee as a Approximately 13.6 mi (21.9 km) of Cherokee National Forest in Tennessee species of concern. It is listed as Priority Amicalola Creek are bounded by lands and Chattahoochee National Forest in 1/Highest Conservation Concern by the owned and managed by the State of Georgia own and manage lands and

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natural resources in occupied measures and policies, which involves issues. Under this scenario, we watersheds in those portions of the watershed-scale conservation plans anticipate a general decline in available bridled darter’s range. Management (Working Lands for Wildlife and suitable habitat, population size, and prescriptions implemented by the USFS watershed habitat conservation plans) abundance. in areas that overlap with the range of and enacting a water policy for While we consider all three of these the holiday darter (see discussion Alabama. In this scenario, we still scenarios to be plausible, we above) are also expected to benefit the expect rapid urban growth, albeit at a acknowledge that each has a different bridled darter. slower rate than under the other two probability of materializing at different Future Scenarios scenarios. Under the Best Case scenario, times. A discrete range of probabilities rapidly growing urban areas would was used to describe the likelihood that For the purpose of this assessment, address environmental concerns and each scenario will occur. The Status we define viability as the ability of the implement water conservation measures Quo scenario was seen as ‘‘very likely’’ species to sustain populations in the and green infrastructure. If to occur in 10 years and ‘‘likely’’ to wild over time. To address uncertainty implemented, these actions should occur at 50 years. The Best Case and associated with the degree and extent of lessen the demand on water resources Worst Case scenarios were seen as less potential future stressors and their (requiring fewer drinking water supply likely to occur (ranging from ‘‘unlikely,’’ impacts on species’ requisites, the 3Rs reservoirs) and minimize urban effects ‘‘as likely as not,’’ and ‘‘likely’’). were assessed using three plausible on streams. While large numbers of Although they were part of the analysis, future scenarios. These scenarios were roads will still be constructed, under the and the range of possibilities based, in part, on the results of Best Case scenario road crossings will considered, because of the significantly urbanization and climate models that be constructed that allow for fish predict changes in habitat used by the lower probability of their occurrence passage. In this scenario we expect they are not discussed in detail below. trispot, holiday, and bridled darters. carbon emissions to peak before 2020 The models that were used to forecast However, a table summarizing all resulting in a lower probability of scenarios for each species is provided both urbanization and climate change extreme weather conditions negatively projected 50 years into the future. Using below, and a full description of all three affecting stream fishes, as compared to analyses can be found in the SSA report the best available data to forecast the Status Quo or Worst Case scenarios. plausible future scenarios allows the for each species. Service to determine if a species may In the Worst Case scenario, we Trispot Darter become an endangered species in the anticipate major negative effects in foreseeable future. For more detailed aquatic ecosystems as a result of rapid In the Status Quo scenario, two information on these models and their urbanization. In conjunction with rapid populations of trispot darter, Ballplay projections, please see the SSA reports. urban growth, we project that there will Creek and Conasauga River, are In the Status Quo scenario, current be a general lack of conservation expected to become extirpated, while environmental regulations and policy, measures and policies being the remaining two, Little Canoe Creek land use management techniques, and implemented at the local, regional, or and Coosawattee River, are projected to conservation measures remain the same national levels. Water demand will persist in low resiliency condition. over the next 50 years. We anticipate the increase with population, and new Because of the loss of darters predicted current trend in greenhouse gas reservoir construction will take place. In for Salacoa Creek, the fish will be found emissions to continue and moderate addition to rapid urbanization, carbon only in the Coosawattee River mainstem impacts from extreme weather events emissions are projected to continue to (no longer in any tributaries), making it including intense drought, floods, and increase above the current levels in this more vulnerable to catastrophic events. storm events to occur. In this scenario, scenario, resulting in a higher Redundancy decreases to two rapid urbanization will continue at the probability of extreme weather events populations, which are completely current estimated rate for the Piedmont that can negatively affect fish species. In isolated from one another due to the region of the southeastern United States, areas that remain in agricultural use, Weiss Dam. Genetic material will not be which will increase demand for water there will be an increased amount of exchanged, reducing adaptive potential resources. herbicide and poultry litter spreading of the species. Summaries of the In the Best Case scenario, we predict and no protective measures analysis of all three scenarios are wider adoption of conservation implemented to address water quality provided in the table below.

TABLE 5—FUTURE CONDITION OF THE TRISPOT DARTER BY THE YEAR 2070 UNDER THREE FUTURE SCENARIOS

Management unit Status quo Best case Worst case

Little Canoe ...... Low ...... Moderate ...... Likely Extirpated. Ballplay ...... Likely Extirpated ...... Low ...... Likely Extirpated. Conasauga ...... Likely Extirpated ...... Moderate ...... Likely Extirpated. Coosawattee ...... Low ...... Moderate ...... Likely Extirpated.

Holiday Darter Coosawattee River will no longer be stream reaches that are owned and In the Status Quo scenario, three represented with the extirpation of the managed by State and Federal agencies extant populations of holiday darter are Talking Rock Creek, Ellijay River, and within the Blue Ridge physiographic expected to become extirpated, while Mountaintown Creek populations). province. Representation is projected to four populations will continue to be Physiographic representation is remain within the Ridge and Valley of extant 50 years in the future. This will projected to decline over the next 50 Alabama. Summaries of the analysis of decrease overall redundancy for the years because the holiday darter’s range all three scenarios are provided in the species as well as representation (the is expected to contract to the upstream table below.

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TABLE 6—FUTURE CONDITION OF THE HOLIDAY DARTER BY THE YEAR 2070 UNDER THREE FUTURE SCENARIOS

Population Status quo Best case Worst case

Conasauga River ...... Low ...... Moderate ...... Low. Talking Rock Creek ...... Likely Extirpated ...... Likely Extirpated ...... Likely Extirpated. Mountaintown Creek ...... Likely Extirpated ...... Likely Extirpated ...... Likely Extirpated. Ellijay River ...... Likely Extirpated ...... Low ...... Likely Extirpated. Amicalola Creek ...... Low ...... Moderate ...... Low. Etowah River ...... Low ...... Low ...... Low. Shoal Creek ...... Low ...... Low ...... Likely Extirpated.

Bridled Darter for the species as well as representation is expected to contract to upstream (the Coosawattee River will no longer be stream reaches that are owned and In the Status Quo scenario, two represented with the extirpation of the managed by state and federal agencies populations of bridled darter are Talking Rock Creek population). within the Blue Ridge physiographic expected to become extirpated (Talking Physiographic representation is province. Summaries of the analysis of Rock Creek and Long Swamp Creek). projected to decline over the next 50 all three scenarios are provided in the This will decrease overall redundancy years because the bridled darter’s range table below.

TABLE 7—FUTURE CONDITION OF THE BRIDLED DARTER BY THE YEAR 2070 UNDER THREE FUTURE SCENARIOS

Population Status quo Best case Worst case

Conasauga River ...... Low ...... Moderate ...... Low. Holly Creek ...... Low ...... Low ...... Likely Extirpated. Talking Rock Creek ...... Likely Extirpated ...... Low ...... Likely Extirpated. Long Swamp Creek ...... Likely Extirpated ...... Low ...... Likely Extirpated. Amicalola Creek ...... Low ...... Moderate ...... Low. Etowah River ...... Low ...... Moderate ...... Low.

Findings and Determination reviewed the petition, information While our analysis indicates a low available in our files, and other abundance for the species currently, the Section 4 of the Act (16 U.S.C. 1533), best available data do not indicate a and its implementing regulations at 50 available published and unpublished declining trend in abundance. Rather, it CFR part 424, set forth the procedures information, and we consulted with is likely that the low abundance (and, for adding species to the Federal Lists recognized fish experts and other therefore, low resiliency) is due to the of Endangered and Threatened Wildlife Federal and State agencies. species being naturally rare and difficult and Plants. Under section 4(a)(1) of the Bridled Darter to detect. The inconsistent survey Act, we may list a species based on: (A) Stressors identified for the bridled methodology and lack of standard The present or threatened destruction, collection records also creates darter include destruction of habitat due modification, or curtailment of its uncertainty in any analysis of trends or to urbanization, channel modification habitat or range; (B) overutilization for the ability to compare data across years. and loss of riparian vegetation, commercial, recreational, scientific, or More importantly, within the occupied decreased water quality from educational purposes; (C) disease or areas of the Conasauga and Etowah agricultural activities, severity of predation; (D) the inadequacy of Rivers, the majority of the records for existing regulatory mechanisms; or (E) climate events like storms and droughts, the species are on USFS land, which is other natural or manmade factors contaminants, and reduced connectivity noted for having good water quality and affecting its continued existence. Listing from dams, road crossings, and culverts. suitable habitat for bridled darters, and actions may be warranted based on any While the species may be exposed to we expect this situation to continue into of the above threat factors, singly or in some or all of these stressors, it the foreseeable future. In fact, even 30 combination. continues to persist in all of the streams years beyond our foreseeable future The Act defines an endangered it occupied historically. Our future timeframe, under the most likely species as any species that is ‘‘in danger scenarios were developed using models scenario, we expect that the bridled of extinction throughout all or a that predicted out 50 years; however, darter will still persist in four of six significant portion of its range’’ and a the short lifespan of the species (2–3 populations (Conasauga River, Holly threatened species as any species ‘‘that years) and the lack of evidence of Creek, Amicalola Creek, and Etowah is likely to become endangered threats directly impacting the species River). throughout all or a significant portion of creates uncertainty when predicting the Our review of the best available its range within the foreseeable future.’’ species’ response to threats into the scientific and commercial information As required by the Act, we considered future. Forecasting beyond eight to ten indicates that the bridled darter is not the five factors in assessing whether the generations would be speculative, and in danger of extinction nor likely to three species are endangered or we do not have robust population data become endangered within the threatened throughout all of their that could predict how the bridled foreseeable future throughout all of its ranges. We examined the best scientific darter may respond to threats beyond a range. and commercial information available 20-year timeframe. Accordingly, we Because we determined that the regarding the past, present, and future have concluded that 20 years is the bridled darter is not in danger of threats faced by the species. We foreseeable future for the bridled darter. extinction or likely to become so in the

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foreseeable future throughout all of its may respond to threats beyond a 20-year is whether the threats are geographically range, we will consider whether there timeframe. Accordingly, we have concentrated. The threats affecting the are any significant portions of its range concluded that 20 years is the holiday darter are occurring throughout in which the bridled darter is in danger foreseeable future for the holiday darter. its entire range; therefore, there is not a of extinction or likely to become so. See While our analysis indicates a low meaningful geographical concentration the Final Policy on Interpretation of the abundance for the species, the best of threats. As a result, even if we were Phrase ‘‘Significant Portion of Its available data do not indicate a to undertake a detailed ‘‘significant Range’’ in the Endangered Species Act’s declining trend in abundance. Rather, it portion of its range’’ analysis, there Definitions of ‘‘Endangered Species’’ is likely that the low abundance (and, would not be any portions of the and ‘‘Threatened Species’’ (79 FR therefore, low resiliency) is due to the species’ range where the threats are 37577, July 1, 2014). We evaluated species being naturally rare and difficult harming the species to a greater degree whether there is substantial information to detect. The inconsistent survey such that it may be in danger of indicating that there are any portions of methodology and lack of standard extinction in that portion. Our review of the species’ range: (1) That may be collection records also creates the best available scientific and ‘‘significant,’’ and (2) where the species uncertainty in any analysis of trends or commercial information indicates that may be in danger of extinction. In the ability to compare data across years. the holiday darter is not in danger of practice, a key part of identifying For example, nearly half of the extinction or likely to become portions appropriate for further analysis collection records for holiday darters in endangered within the foreseeable is whether the threats are geographically the Conasauga River did not provide future throughout all or a significant concentrated. The threats affecting the numeric data for the number of portion of its range. Therefore, we find bridled darter are occurring throughout individuals collected, so they represent that listing the holiday darter as an its entire range; therefore, there is not a only presence data. In the occupied endangered or threatened species under meaningful geographical concentration areas of the Conasauga and Etowah the Act is not warranted at this time. of threats. As a result, even if we were Rivers, the majority of the records for to undertake a detailed ‘‘significant the species are on USFS land, which is Proposal To List the Trispot Darter portion of its range’’ analysis, there noted for having good water quality and Our analysis of the trispot darter’s would not be any portions of the suitable habitat for holiday darters, and current and future conditions, as well as species’ range where the threats are we expect this situation to continue into the conservation efforts discussed harming the species to a greater degree the foreseeable future. We expect that, above, show that the population and such that it may be in danger of for the foreseeable future, the holiday habitat factors used to determine the extinction in that portion. Our review of darter will continue to have four to six resiliency, representation, and the best available scientific and populations, with only the Talking Rock redundancy for trispot darter will commercial information indicates that Creek and Long Swamp Creek continue to decline such that it is likely the bridled darter is not in danger of populations projected to be extirpated. to become in danger of extinction We expect this scenario to continue extinction or likely to become throughout all or a significant portion of under the ‘status quo’ scenario to the 50- endangered within the foreseeable the range within the foreseeable future. future throughout all or a significant year timeframe, 30 years beyond the portion of its range. Therefore, we find foreseeable future. Even under the We considered whether the trispot that listing the bridled darter as an ‘worst case’ scenario, three populations darter is presently in danger of endangered or threatened species under are expected to remain extant into the extinction and determined that the Act is not warranted at this time. future. proposing endangered status is not Our review of the best available appropriate. The current conditions as Holiday Darter scientific and commercial information assessed in the trispot darter SSA report Threats previously identified for the indicates that the holiday darter is not show extant populations in four river holiday darter include destruction of in danger of extinction nor likely to systems (MUs), including 39 river mi habitat due to urbanization, channel become endangered within the (63 river km) of occupied habitat in the modification and loss of riparian foreseeable future, throughout all of its Conasauga River and the Little Canoe vegetation, decreased water quality from range. Creek population with moderate agricultural activities, severity of Because we determined that the resiliency. As with the other two darter climate events like storms and droughts, holiday darter is not in danger of species, the best available data do not contaminants, and reduced connectivity extinction or likely to become so in the indicate a declining trend in abundance, from dams, road crossings, and culverts. foreseeable future throughout all of its and it is likely that the low abundance Our analysis shows that while the range, we will consider whether there (and, therefore, low resiliency) species may be exposed to some or all are any significant portions of its range indicated in our analysis is due to the of these stressors, it continues to persist in which the holiday darter is in danger species being naturally rare and difficult in all of the streams it occupied of extinction or likely to become so. See to detect. The inconsistent survey historically. While our future scenarios the Final Policy on Interpretation of the methodology and lack of standard were developed using models that Phrase ‘‘Significant Portion of Its collection records also creates predicted out 50 years, the short Range’’ in the Endangered Species Act’s uncertainty in any analysis of trends or lifespan of the species (3 years) and the Definitions of ‘‘Endangered Species’’ the ability to compare data across years. lack of evidence of threats directly and ‘‘Threatened Species’’ (79 FR The trispot darter continues to exhibit impacting the species creates 37577, July 1, 2014). We evaluated representation across its range, and uncertainty when predicting the whether there is substantial information extant populations remain across the species’ response to threats into the indicating that there are any portions of range. While threats are currently acting future. Forecasting beyond eight to ten the species’ range: (1) That may be on the species and many of those threats generations would be speculative, and ‘‘significant,’’ and (2) where the species are expected to continue into the future, we do not have robust population data may be in danger of extinction. In we did not find that the species is to support a foreseeable future that practice, a key part of identifying currently in danger of extinction could predict how the holiday darter portions appropriate for further analysis throughout all of its range.

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After reviewing our analysis of purposes of the definitions of Interior that such areas are essential for current and plausible future conditions ‘‘endangered species’’ and ‘‘threatened the conservation of the species. of the trispot darter, we concluded that species.’’ See the Final Policy on Our regulations (50 CFR 424.12(a)(1)) the resiliency, redundancy, and Interpretation of the Phrase ‘‘Significant state that the designation of critical representation are being impacted by Portion of Its Range’’ in the Endangered habitat is not prudent when any of the threats and the species has reduced Species Act’s Definitions of following situations exist: (1) The viability. While our future scenarios ‘‘Endangered Species’’ and ‘‘Threatened species is threatened by taking or other were developed using models that Species’’ (79 FR 37577, July 1, 2014). human activity, and identification of predicted out 50 years, the short While it is the Service’s position under critical habitat can be expected to lifespan of the species (2–3 years) and this policy that undertaking no further increase the degree of threat to the the lack of evidence of threats directly analysis of ‘‘significant portion of its species, or (2) such designation of impacting the species creates range’’ in this circumstance is consistent critical habitat would not be beneficial uncertainty when predicting the with the language of the Act, we to the species. The regulations also species’ response to threats into the recognize that the policy is currently provide that, in determining whether a future. Forecasting beyond eight to ten under judicial review, so we also took designation of critical habitat would not generations would be speculative, and the additional step of considering be beneficial to the species, the factors we do not have robust population data whether there could be any significant that the Service may consider include to support a foreseeable future that portions of the species’ range where the but are not limited to whether the could predict how the trispot darter may species is in danger of extinction. We present or threatened destruction, respond to threats beyond a 20-year evaluated whether there is substantial modification, or curtailment of a timeframe. Accordingly, we have information indicating that there are any species’ habitat or range is not a threat concluded that 20 years is the portions of the species’ range: (1) That to the species, or whether any areas foreseeable future for the bridled darter. may be ‘‘significant,’’ and (2) where the meet the definition of ‘‘critical habitat’’ It is true that 30 years beyond our species may be in danger of extinction. (50 CFR 424.12(a)(1)(ii)). foreseeable future timeframe, the Status In practice, a key part of identifying As discussed above, we did not Quo scenario predicts the trispot darter portions appropriate for further analysis identify any imminent threat of take will persist in both the Little Canoe and is whether the threats are geographically attributed to collection or vandalism for Coosawattee populations. However, concentrated. The threats affecting the the trispot darter, and there is no considering this species’ vulnerability to species are throughout its entire range; indication that identification and a loss of connectivity between breeding therefore, there is not a meaningful mapping of critical habitat is likely to and non-breeding habitats and the effect geographical concentration of threats. initiate any such threats. Therefore, in the absence of finding that the that situation has on reproductive As a result, even if we were to designation of critical habitat would success, we expect negative impacts to undertake a detailed ‘‘significant increase threats to the species, if there the resiliency, redundancy, and portion of its range’’ analysis, there are benefits to the species from a critical representation of the species in the would not be any portions of the habitat designation, a finding that foreseeable future. The trispot darter’s species’ range where the threats are designation is prudent is appropriate. unique reproductive strategy of utilizing harming the species to a greater degree distinct areas of rivers and streams for The potential benefits of designation such that it may be in danger of may include: (1) Triggering consultation breeding and non-breeding habitats extinction in that portion. makes the loss of connectivity under section 7 of the Act, in new areas especially detrimental to viability. In Critical Habitat for Trispot Darter for actions in which there may be a contrast to the holiday and bridled Federal nexus where it would not Section 4(a)(3) of the Act, as otherwise occur because, for example, it darters, a lack of protected lands within amended, and implementing regulations the current range of trispot darters is unoccupied; (2) focusing conservation in 50 CFR 424.12, require that, to the creates more uncertainty regarding land activities on the most essential features maximum extent prudent and use, threats, and the ability of these four and areas; (3) providing educational determinable, we designate critical populations to withstand the expected benefits to State or county governments habitat at the time the species is loss of one or two populations. This or private entities; and (4) preventing determined to be an endangered or expected reduction in both the number people from causing inadvertent harm threatened species. Critical habitat is and distribution of resilient populations to the protected species. Because defined in section 3 of the Act as: is likely to make the species vulnerable designation of critical habitat would not to catastrophic disturbance, and thus (1) The specific areas within the likely increase the degree of threat to the put the species at an increased risk of geographical area occupied by the species and may provide some measure extinction in the foreseeable future. species, at the time it is listed in of benefit, designation of critical habitat Therefore, on the basis of the best accordance with the provisions of is prudent for the trispot darter. available scientific and commercial section 4 of this Act, on which are Our regulations (50 CFR 424.12(a)(2)) information, we find that listing the found those physical or biological further state that critical habitat is not trispot darter is warranted and propose features determinable when one or both of the to list the species as threatened in (a) essential to the conservation of the following situations exists: (1) accordance with sections 3(20) and species, and Information sufficient to perform 4(a)(1) of the Act. (b) which may require special required analyses of the impacts of the Under the Act and our implementing management considerations or designation is lacking; or (2) the regulations, a species may warrant protection; and biological needs of the species are not listing if it is endangered or threatened (2) Specific areas outside the sufficiently well known to permit throughout all or a significant portion of geographical area occupied by the identification of an area as critical its range. Because we have determined species at the time it is listed in habitat. For the trispot darter, a careful that the trispot darter is threatened accordance with the provisions of assessment of the economic impacts that throughout all of its range, no portion of section 4 of this Act, upon a may occur due to a critical habitat its range can be ‘‘significant’’ for determination by the Secretary of the designation is ongoing, and we are in

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the process of working with the States monitoring recovery progress. Recovery this interagency cooperation provision and other partners in acquiring the plans also establish a framework for of the Act are codified at 50 CFR part complex information needed to perform agencies to coordinate their recovery 402. Section 7(a)(4) of the Act requires that assessment. Until these efforts are efforts and provide estimates of the cost Federal agencies to confer with the complete, information sufficient to of implementing recovery tasks. Service on any action that is likely to perform a required analysis of the Recovery teams (composed of species jeopardize the continued existence of a impacts of the designation is lacking, experts, Federal and State agencies, species proposed for listing or result in and, therefore, we find designation of nongovernmental organizations, and destruction or adverse modification of critical habitat for the trispot darter to stakeholders) are often established to proposed critical habitat. If a species is be not determinable at this time. develop recovery plans. When listed subsequently, section 7(a)(2) of completed, the recovery outlines, draft the Act requires Federal agencies to Available Conservation Measures recovery plans, and the final recovery ensure that activities they authorize, Conservation measures provided to plans will be available on our Web site fund, or carry out are not likely to species listed as endangered or (http://www.fws.gov/endangered), or jeopardize the continued existence of threatened species under the Act from our Alabama Ecological Services the species or destroy or adversely include recognition, recovery actions, Field Office (see FOR FURTHER modify its critical habitat. If a Federal requirements for Federal protection, and INFORMATION CONTACT). action may affect a listed species or its prohibitions against certain practices. Implementation of recovery actions critical habitat, the responsible Federal Recognition through listing results in generally requires the participation of a agency must enter into consultation public awareness and conservation by broad range of partners, including other with the Service. Federal, State, Tribal, and local Federal agencies, States, Tribes, Federal agency actions within the agencies, private organizations, and nongovernmental organizations, species’ habitat that may require individuals. The Act encourages businesses, and private landowners. conference or consultation or both as cooperation with the States and other Examples of recovery actions include described in the preceding paragraph countries, and calls for recovery actions habitat restoration (e.g., restoration of may include, but are not limited to, to be carried out for listed species. The native vegetation), research, captive management and any other landscape- protection required by Federal agencies propagation and reintroduction, and altering activities on Federal lands and the prohibitions against certain outreach and education. The recovery of administered by the Service, USFS, and activities are discussed, in part, below. many listed species cannot be National Park Service; issuance of The primary purpose of the Act is the accomplished solely on Federal lands section 404 Clean Water Act (33 U.S.C. conservation of endangered and because their range may occur primarily 1251 et seq.) permits by the U.S. Army threatened species and the ecosystems or solely on non-Federal lands. To Corps of Engineers; and construction upon which they depend. The ultimate achieve recovery of these species and maintenance of roads or highways goal of such conservation efforts is the requires cooperative conservation efforts by the Federal Highway Administration. recovery of these listed species, so that on private, State, and Tribal lands. If Under section 4(d) of the Act, the they no longer need the protective this species is listed, funding for Service has discretion to issue measures of the Act. Subsection 4(f) of recovery actions will be available from regulations that we find necessary and the Act calls for the Service to develop a variety of sources, including Federal advisable to provide for the and implement recovery plans for the budgets, State programs, and cost share conservation of threatened species. The conservation of endangered and grants for non-Federal landowners, the Act and its implementing regulations set threatened species. The recovery academic community, and forth a series of general prohibitions and planning process involves the nongovernmental organizations. In exceptions that apply to threatened identification of actions that are addition, pursuant to section 6 of the wildlife. The prohibitions of section necessary to halt or reverse the species’ Act, the States of Alabama, Georgia, and 9(a)(1) of the Act, as applied to decline by addressing the threats to its Tennessee would be eligible for Federal threatened wildlife and codified at 50 survival and recovery. The goal of this funds to implement management CFR 17.31, make it illegal for any person process is to restore listed species to a actions that promote the protection or subject to the jurisdiction of the United point where they are secure, self- recovery of the trispot darter. States to take (which includes harass, sustaining, and functioning components Information on our grant programs that harm, pursue, hunt, shoot, wound, kill, of their ecosystems. are available to aid species recovery can trap, capture, or collect; or to attempt Recovery planning includes the be found at: http://www.fws.gov/grants. any of these) threatened wildlife within development of a recovery outline Although the trispot darter is only the United States or on the high seas. In shortly after a species is listed and proposed for listing under the Act at addition, it is unlawful to import; preparation of a draft and final recovery this time, please let us know if you are export; deliver, receive, carry, transport, plan. The recovery outline guides the interested in participating in recovery or ship in interstate or foreign immediate implementation of urgent efforts for this species. Additionally, we commerce in the course of commercial recovery actions and describes the invite you to submit any new activity; or sell or offer for sale in process to be used to develop a recovery information on these species whenever interstate or foreign commerce any plan. Revisions of the plan may be done it becomes available and any listed species. It is also illegal to to address continuing or new threats to information you may have for recovery possess, sell, deliver, carry, transport, or the species, as new substantive planning purposes (see FOR FURTHER ship any such wildlife that has been information becomes available. The INFORMATION CONTACT). taken illegally. Certain exceptions apply recovery plan also identifies recovery Section 7(a) of the Act requires to employees of the Service, the criteria for review of when a species Federal agencies to evaluate their National Marine Fisheries Service, other may be ready for reclassification from actions with respect to any species that Federal land management agencies, and endangered to threatened is proposed or listed as an endangered State conservation agencies. (‘‘downlisting’’) or removal from the List or threatened species and with respect We may issue permits to carry out of Endangered and Threatened Wildlife to its critical habitat, if any is otherwise prohibited activities or Plants (‘‘delisting’’), and methods for designated. Regulations implementing involving threatened wildlife under

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certain circumstances. Regulations (4) Discharge of pollutants into a Order 13175 (Consultation and governing permits are codified at 50 stream or into areas hydrologically Coordination with Indian Tribal CFR 17.32. With regard to threatened connected to a stream occupied by the Governments), and the Department of wildlife, a permit may be issued for the species; the Interior’s manual at 512 DM 2, we following purposes: For scientific (5) Diversion or alteration of surface readily acknowledge our responsibility purposes, to enhance the propagation or or ground water flow; and to communicate meaningfully with survival of the species, for economic (6) Pesticide/herbicide applications in recognized Federal Tribes on a hardship, for zoological exhibition, for violation of label restrictions. government-to-government basis. In educational purposes, or for other Questions regarding whether specific accordance with Secretarial Order 3206 special purposes consistent with the activities would constitute a violation of of June 5, 1997 (American Indian Tribal purposes of the Act. There are also section 9 of the Act should be directed Rights, Federal-Tribal Trust certain statutory exemptions from the to the Alabama Ecological Services Responsibilities, and the Endangered prohibitions, which are found in Field Office (see FOR FURTHER Species Act), we readily acknowledge sections 9 and 10 of the Act. INFORMATION CONTACT). our responsibilities to work directly Section 4(d) of the Act specifies that, with tribes in developing programs for Required Determinations for threatened species, the Secretary healthy ecosystems, to acknowledge that shall issue such regulations as he deems Clarity of the Rule tribal lands are not subject to the same necessary and advisable to provide for controls as Federal public lands, to the conservation of the species. This We are required by Executive Orders 12866 and 12988 and by the remain sensitive to Indian culture, and discretion includes authority to prohibit to make information available to tribes. by regulation with respect to a Presidential Memorandum of June 1, 1998, to write all rules in plain There are no tribal lands located within threatened species any act prohibited by the range of this species. section 9(a)(1) of the Act. At 50 CFR language. This means that each rule we 17.31(a), the Service, by delegation from publish must: References Cited the Secretary, exercised this discretion (1) Be logically organized; (2) Use the active voice to address A complete list of references cited in to extend the take and other the SSA report is available on the prohibitions set forth in section 9(a)(1) readers directly; (3) Use clear language rather than Internet at http://www.regulations.gov of the Act to all threatened species. The and upon request from the Alabama provisions at 50 CFR 17.31(c), however, jargon; (4) Be divided into short sections and Ecological Services Field Office (see FOR also provide that the blanket FURTHER INFORMATION CONTACT). prohibitions included in § 17.31(a) do sentences; and not apply if the Service promulgates a (5) Use lists and tables wherever Authors possible. rule under section 4(d) of the Act The primary authors of this proposed tailored to provide for the conservation If you feel that we have not met these requirements, send us comments by one rule are the staff members of the Fish needs of a specific threatened species. and Wildlife Service’s Unified Listing During the public comment period on of the methods listed in ADDRESSES. To better help us revise the rule, your Team and the Alabama Ecological this proposed rule, we are seeking Services Field Office. comments on whether a section 4(d) comments should be as specific as rule is appropriate for trispot darter. possible. For example, you should tell List of Subjects in 50 CFR Part 17 It is our policy, as published in the us the numbers of the sections or Endangered and threatened species, Federal Register on July 1, 1994 (59 FR paragraphs that are unclearly written, Exports, Imports, Reporting and 34272), to identify to the maximum which sections or sentences are too recordkeeping requirements, extent practicable at the time a species long, the sections where you feel lists or Transportation. is listed, those activities that would or tables would be useful, etc. would not constitute a violation of National Environmental Policy Act (42 Proposed Regulation Promulgation section 9 of the Act. The intent of this U.S.C. 4321 et seq.) policy is to increase public awareness of Accordingly, we propose to amend the effect of a proposed listing on We have determined that part 17, subchapter B of chapter I, title proposed and ongoing activities within environmental assessments and 50 of the Code of Federal Regulations, the range of the species proposed for environmental impact statements, as as set forth below: defined under the authority of the listing. PART 17—ENDANGERED AND National Environmental Policy Act Activities that the Service believes THREATENED WILDLIFE AND PLANTS could potentially harm the trispot darter (NEPA), need not be prepared in connection with listing a species as an and result in ‘‘take’’ include, but are not ■ 1. The authority citation for part 17 endangered or threatened species under limited to: continues to read as follows: (1) Unauthorized handling or the Endangered Species Act. We collecting of the species; published a notice outlining our reasons Authority: 16 U.S.C. 1361–1407; 1531– (2) Destruction or alteration of the for this determination in the Federal 1544; and 4201–4245, unless otherwise species’ habitat by discharge of fill Register on October 25, 1983 (48 FR noted. material, dredging, snagging, 49244). ■ 2. Amend § 17.11(h) by adding an impounding, channelization, or Government-to-Government entry for ‘‘Darter, trispot’’ in modification of stream channels or Relationship With Tribes alphabetical order under FISHES to read banks; as set forth below: (3) Destruction of riparian habitat In accordance with the President’s directly adjacent to stream channels that memorandum of April 29, 1994 § 17.11 Endangered and threatened causes significant increases in (Government-to-Government Relations wildlife. sedimentation and destruction of with Native American Tribal * * * * * natural stream banks or channels; Governments; 59 FR 22951), Executive (h) * * *

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Common name Scientific name Where listed Status Listing citations and applicable rules

******* Fishes

******* Darter, trispot ...... Etheostoma trisella ...... Wherever found ...... T [Federal Register citation when published as a final rule.]

*******

Dated: September 7, 2017. shown in FOR FURTHER INFORMATION revisions of critical habitat can be James W. Kurth, CONTACT by November 20, 2017. completed only by issuing a rule. Acting Director, U.S. Fish and Wildlife ADDRESSES: You may submit comments This rule proposes adding the candy Service. by one of the following methods: darter (Etheostoma osburni) as a [FR Doc. 2017–21350 Filed 10–3–17; 8:45 am] (1) Electronically: Go to the Federal threatened species to the List of BILLING CODE 4333–15–P eRulemaking Portal: http:// Endangered and Threatened Wildlife in www.regulations.gov. In the Search box, title 50 of the Code of Federal enter FWS–R5–ES–2017–0056, which is Regulations (50 CFR 17.11(h)). DEPARTMENT OF THE INTERIOR the docket number for this rulemaking. The basis for our action. Under the Then, in the Search panel on the left Fish and Wildlife Service Act, we can determine that a species is side of the screen, under the Document an endangered or threatened species Type heading, click on the Proposed 50 CFR Part 17 based on any of five factors: (A) The Rules link to locate this document. You may submit a comment by clicking on present or threatened destruction, [Docket No. FWS–R5–ES–2017–0056; modification, or curtailment of its 4500030113] ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail habitat or range; (B) Overutilization for RIN 1018–BC44 or hand-delivery to: Public Comments commercial, recreational, scientific, or Processing, Attn: FWS–R5–ES–2017– educational purposes; (C) Disease or Endangered and Threatened Wildlife 0056; U.S. Fish and Wildlife Service predation; (D) The inadequacy of and Plants; Proposed Threatened Headquarters, MS: BPHC, 5275 Leesburg existing regulatory mechanisms; or (E) Species Status for the Candy Darter Pike, Falls Church, VA 22041–3803. Other natural or manmade factors We request that you send comments affecting its continued existence. We AGENCY: Fish and Wildlife Service, have determined that hybridization Interior. only by the methods described above. We will post all comments on http:// (Factor E) with the variegate darter ACTION: Proposed rule; 12-month www.regulations.gov. This generally (Etheostoma variatum) is the primary finding. means that we will post any personal threat to the candy darter. SUMMARY: We, the U.S. Fish and information you provide us (see Public Peer review. A team of Service Wildlife Service (Service), announce a Comments below for more information). biologists prepared a Species Status 12-month finding on a petition to list FOR FURTHER INFORMATION CONTACT: John Assessment Report (SSA Report) for the the candy darter (Etheostoma osburni) Schmidt, Project Leader, West Virginia candy darter. The SSA Report as a threatened or endangered species Ecological Services Field Office, 694 represents a compilation and under the Endangered Species Act, as Beverly Pike, Elkins, WV 26241–9475; assessment of the best scientific and amended (Act), and to designate critical by telephone 304–636–6586 or by commercial information available habitat. After review of the best facsimile 304–636–7824. Persons who concerning the status of the candy available scientific and commercial use a telecommunications device for the darter, including the past, present, and information, we find that listing the deaf (TDD) may call the Federal Relay future factors influencing the species. candy darter is warranted. Accordingly, Service at 800–877–8339. We solicited independent peer review of we propose to list the candy darter SUPPLEMENTARY INFORMATION: the SSA Report by six individuals with (Etheostoma osburni), a freshwater fish expertise in darters; fisheries, species from Virginia and West Virginia, Executive Summary population, or landscape ecology; as a threatened species under Act. If we Why we need to publish a rule. Under genetics and conservation genetics; and/ finalize this rule as proposed, it would the Act, if a species is determined to be or speciation and conservation biology; extend the Act’s protections to this an endangered or threatened species we received comments from four of the species. The effect of this regulation will throughout all or a significant portion of six peer reviewers. The SSA Report can be to add this species to the List of its range, we are required to promptly be found in http://www.regulations.gov Endangered and Threatened Wildlife. publish a proposal in the Federal under the FWS–R5–ES–2017–0056 DATES: We will accept comments Register and make a determination on docket; on the Southwest Virginia received or postmarked on or before our proposal within 1 year. Critical Ecological Services Field Office Web December 4, 2017. Comments submitted habitat shall be designated, to the site at: https://www.fws.gov/northeast/ electronically using the Federal maximum extent prudent and virginiafield/svfo/ eRulemaking Portal (see ADDRESSES determinable, for any species southwesternvirginia.html; and on the below) must be received by 11:59 p.m. determined to be an endangered or West Virginia Ecological Services Field Eastern Time on the closing date. We threatened species under the Act. Office Web site at: https://www.fws.gov/ must receive requests for public Listing a species as an endangered or westvirginiafieldoffice/endangered hearings, in writing, at the address threatened species and designations and species.html.

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Information Requested (a) Specific instream and bank habitat Comments and materials we receive, restoration activities that will benefit as well as supporting documentation we Public Comments the candy darter, including revegetation used in preparing this proposed rule, We intend that any final action of riparian corridors, natural stream will be available for public inspection resulting from this proposed rule will be channel design, and redesigning and on http://www.regulations.gov, or by based on the best scientific and removal of stream crossing structures; appointment, during normal business commercial data available and be as (b) water quality improvement actions hours, at the U.S. Fish and Wildlife accurate and as effective as possible. such as stream liming; Service, West Virginia Ecological Therefore, we request comments or (c) genetic and population Services Field Office (see FOR FURTHER information from the public, other monitoring; INFORMATION CONTACT). concerned governmental agencies, (d) captive propagation in conjunction Public Hearing Native American tribes, the scientific with a Service-approved Captive community, industry, or any other Propagation Plan; Section 4(b)(5) of the Act provides for interested parties concerning this (e) sustainable forestry practices that one or more public hearings on this proposed rule. We particularly seek new primarily occur adjacent to, or upslope proposal, if requested. Requests must be information not already included in the from, but do not occur within streams received within 45 days after the date of SSA Report concerning: occupied or likely to be occupied by the publication of this proposed rule in the (1) The candy darter’s biology, range, candy darter and that are implemented Federal Register. Such requests must be FOR and population trends, including: according to well-defined and sent to the address shown in (a) Biological or ecological enforceable best management practices FURTHER INFORMATION CONTACT. We will requirements of the species, including (e.g., Sustainable Forestry Initiative, schedule public hearings on this proposal, if any are requested, and habitat requirements for feeding, Forest Stewardship Council); and announce the dates, times, and places of breeding, and sheltering; (f) other activities that do not: (b) Genetics and taxonomy; those hearings, as well as how to obtain (i) Facilitate the spread of candy (c) Historical and current range reasonable accommodations, in the darter/variegate darter hybridization; including distribution patterns; Federal Register and local newspapers (ii) increase sedimentation that (d) Historical and current population at least 15 days before the hearing. levels and current and projected trends; negatively affects feeding, breeding, Peer Review and sheltering, or dispersal; and (e) Past and ongoing conservation (iii) cause a change in water In accordance with our joint policy on measures for the species, its habitat, or temperature that negatively affects peer review published in the Federal both. feeding, breeding, sheltering, or Register on July 1, 1994 (59 FR 34270), (2) Factors that may affect the dispersal. we sought the expert opinions of six continued existence of the species, Please include sufficient information appropriate and independent specialists which may include habitat modification with your submission (such as scientific regarding the SSA Report that supports or destruction, overutilization, disease, journal articles or other publications) to this proposed rule and received predation, the inadequacy of existing allow us to verify any scientific or comments from four of the six peer regulatory mechanisms, or other natural commercial information you include. reviewers. These peer reviewers have or manmade factors. Please note that submissions merely expertise in freshwater fisheries, aquatic (3) Biological, commercial trade, or stating support for or opposition to the ecology, and genetics. The purpose of other relevant data concerning any action under consideration without peer review is to ensure that our listing threats (or lack thereof) to this species providing supporting information, determinations and critical habitat and existing regulations that may be although noted, will not be considered designations are based on scientifically addressing those threats. in making a determination, as section sound data, assumptions, and analyses. (4) The historical and current status, 4(b)(1)(A) of the Act directs that See the Executive Summary—Peer range, distribution, and population size determinations as to whether any Review section above. of this species, including the locations species is a threatened or endangered Previous Federal Action of any additional populations of this species must be made ‘‘solely on the species. basis of the best scientific and We identified the candy darter as a (5) The occurrence of variegate darters commercial data available.’’ Category 2 candidate species in the within the range of candy darters and You may submit your comments and December 30, 1982, Review of evidence of further hybridization materials concerning this proposed rule Vertebrate Wildlife; Notice of Review between the two species. by one of the methods listed in (50 FR 58454). Category 2 candidates (6) The potential for, and timeframe ADDRESSES. We request that you send were defined as species for which we associated with, additional comments only by the methods had information that proposed listing introductions of the variegate darter into described in ADDRESSES. was possibly appropriate, but unaffected watersheds. If you submit information via http:// conclusive data on biological (7) Specific prohibitions and www.regulations.gov, your entire vulnerability and threats were not exceptions to those prohibitions that submission—including any personal available to support a proposed rule at may be necessary and advisable for the identifying information—will be posted that time. The species remained so candy darter’s conservation. We intend on the Web site. If your submission is designated in subsequent annual to publish, as appropriate, a more made via a hardcopy that includes Candidate Notices of Review (CNOR) tailored proposed rule with provisions personal identifying information, you (50 FR 37958, September 18, 1985; 54 set forth under section 4(d) of the Act may request at the top of your document FR 554, January 6, 1989; 56 FR 58804, for public review and comment in the that we withhold this information from November 21, 1991; and 59 FR 58982, future. Activities we are considering for public review. However, we cannot November 15, 1994). In the February 28, potential exemption under a section guarantee that we will be able to do so. 1996, CNOR (61 FR 7596), we 4(d) rule include, but are not necessarily We will post all hardcopy submissions discontinued the designation of limited to, exceptions for: on http://www.regulations.gov. Category 2 species as candidates;

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therefore, the candy darter was no boulders are surrounded by, or covered factors influencing the species, framed longer a candidate species. with, fine sediment particles). in the context of the 3Rs, to inform our In 2010, the Center for Biological The available candy darter occurrence determination of whether the candy Diversity (CBD) petitioned the Service data, all of which were collected after darter meets the definition of a to list 404 aquatic, riparian, and wetland the aquatic habitat in the region was threatened or an endangered species species from the Southeastern United degraded in the late 1800s by (see the Determination section below). States under the Act. The candy darter widespread forest clearing, indicate that Because we have included was among these 404 species. On the species prefers cool or cold water information below about the candy September 27, 2011, the Service temperatures, but that warm water darter’s 3Rs, we further define those published a substantial 90-day finding conditions may also be tolerated. The terms here. Resiliency means having for 374 of the 404 species, including the fish are opportunistic feeders, eating sufficiently large populations for the candy darter, soliciting information mostly benthic macroinvertebrates such species to withstand stochastic events about, and initiating status reviews for, as mayflies and caddisflies. In streams (arising from random factors). We can those species (76 FR 59836). In 2015, maintaining favorable habitat measure resiliency based on metrics of CBD filed a complaint against the conditions, candy darters can be population health; for example, birth Service for failure to complete a 12- abundant throughout the stream versus death rates and population size, month finding for the candy darter continuum. if that information exists. Resilient within the statutory timeframe. The Candy darters are sexually mature at populations are better able to withstand Service entered into a settlement 2 years of age and live to a maximum disturbances such as random agreement with CBD to address the age of 3 years. They are classified as fluctuations in birth rates (demographic complaint; the court-approved brood-hiding, benthic spawners. In this stochasticity), variations in rainfall settlement agreement specified that a reproductive strategy, the female (environmental stochasticity), or the 12-month finding for the candy darter deposits her eggs in the pebble and effects of human activities. Redundancy would be delivered to the Federal gravel substrate between larger cobbles means having a sufficient number of Register by September 30, 2017. and boulders, and an attendant male populations for the species to withstand We will also be providing a proposal simultaneously fertilizes the eggs as catastrophic events (such as a rare to designate critical habitat for the they are released. During spawning, destructive natural event or episode candy darter under the Act in the near males become aggressively territorial, involving many populations). future. and in all observed instances of Redundancy is about spreading the risk spawning aggression, the larger male Background and can be measured through the prevailed and fertilized the female’s duplication and distribution of A thorough review of the taxonomy, eggs. Female candy darters produce a populations across the range of the life history, and ecology of the candy relatively low number of eggs (average species. Generally, the greater the darter (Etheostoma osburni) is presented 170 per individual) as compared to number of populations a species has in the species status assessment (U.S. other fish, with no significant deviation distributed over a larger landscape, the Fish & Wildlife Service 2017, entire; from 1:1 sex ratios. better it can withstand catastrophic available http://www.regulations.gov We are uncertain whether individual events. Representation means having under the FWS–R5–ES–2017–0056 candy darters complete their lifecycle the breadth of genetic makeup of the docket). The candy darter is recognized within single riffles or riffle complexes species to adapt to changing by the American Fisheries Society (Page spanning just a few hundred meters or environmental conditions. et al. 2013, p. 139) as a valid taxon and are capable of longer, seasonally Representation can be measured is listed as such in the Integrated mediated movements within suitable through the genetic diversity within and Taxonomic Information System (ITIS) habitat. While data are sparse regarding among populations and the ecological database (http://www.itis.gov, 2016). We the minimum habitat size and degree of diversity (also called environmental have no information to suggest there is genetic connectivity required for candy variation or diversity) of populations scientific disagreement about the candy darter population viability, the across the species’ range. The more darter’s taxonomy; therefore, we accept historical distribution of the species and representation, or diversity, a species that the candy darter is a valid taxon the fundamentals of conservation has, the more it is capable of adapting based upon its recognition by the biology suggest these factors are to changes (natural or human caused) in American Fisheries Society and its ITIS important to the species. its environment. designation. In the absence of species-specific Summary of Biological Status and The candy darter is a small, genetic and ecological diversity Threats freshwater fish endemic to second order information, we evaluate representation and larger streams and rivers within The Act directs us to determine based on the extent and variability of portions of the upper Kanawha River whether any species is an endangered habitat characteristics within the basin, which is synonymous with the species or a threatened species because geographical range. We define viability Gauley and greater New River of any factors affecting its continued here as the ability of the species to watersheds in Virginia and West existence. We completed a persist in the wild over time and, Virginia. The species is described as a comprehensive assessment of the conversely, to avoid extinction. habitat specialist, being most often biological status of the candy darter and In this section, we summarize the associated with faster flowing stream prepared a report of the assessment conclusions of that assessment, which segments with coarse bottom substrate (SSA Report), which provides a can be accessed at Docket FWS–R5–ES– (e.g., gravel, cobble, rocks, and thorough account of the species’ overall 201X–0056 on http:// boulders), which provides shelter for viability using the conservation biology www.regulations.gov, at https:// individual darters and breeding habitat principles of resiliency, redundancy, www.fws.gov/westvirginiafieldoffice/ (see below). Candy darters are intolerant and representation (collectively, the endangeredspecies.html, and at https:// of excessive sedimentation and stream ‘‘3Rs’’). We have used the SSA Report’s www.fws.gov/northeast/virginiafield/ bottom embeddedness (the degree to assessment of the candy darter’s current svfo/southwesternvirginia.html. The which gravel, cobble, rocks, and and potential future status, based on the SSA Report documents the results of

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our comprehensive biological status Plateaus physiographic province and redundancy scores. While the candy review for the candy darter, including the Upper New River in the Valley and darter is present in the two an assessment of the factors influencing Ridge physiographic province) maintain physiographic provinces from which it its continued existence. The SSA report populations with moderate or low is historically known, the species is does not represent a decision by the resiliency. Therefore, we conclude the absent from some ecological settings in Service on whether the candy darter candy darter’s populations currently which it once existed. This fact leads us should be proposed for listing as an have moderate to low resiliency because to conclude the candy darter’s endangered or threatened species under the majority of metapopulations fall into representation is also moderate to low. the Act. Rather, the SSA Report those categories. Therefore, our analysis under the 3Rs provides the scientific basis that informs This loss of candy darter populations leads us to conclude that the condition our regulatory decision, which involves and the areas they represented within of the candy darter is currently the further application of standards the species’ historical range, as well as moderate to low. within the Act and its implementing the fragmentation of extant populations, Risk Factors for the Candy Darter regulations and policies. The Act directs has compromised the species’ ability to us to determine whether any species is repatriate those areas or avoid species- Based on the candy darter’s life an endangered species or a threatened level effects of a catastrophic event. history and habitat needs, and in species because of any factors affecting Based on the species’ current consultation with species’ experts from its continued existence (i.e., whether it distribution across its historical range Virginia and West Virginia State and meets the definition of a threatened or and the species’ distribution and Federal agencies and academic an endangered species). In this section, condition within each of the seven institutions, we identified the potential we review the biological condition of historical metapopulations (one with stressors (negative influences), the the species and its resources and the moderate to high internal redundancy, contributing sources of those stressors, factors influencing the species and one with moderate internal redundancy, and conservation measures to address resources to assess the species’ overall one with low internal redundancy, two those stressors that are likely to affect viability and the risks to that viability. with no internal redundancy, and two the species’ current condition and that have been extirpated), we conclude viability (Service 2017, pp. 31–43). We Summary of Current Condition that the candy darter’s current evaluated how these stressors may be Historically, the candy darter redundancy is moderate to low (Service currently affecting the species and occurred in 35 populations distributed 2017, pp. 27–28, 43–49). whether, and to what extent, they would across 7 metapopulations located in the While the candy darter currently affect the species in the future (Service Bluestone, Lower New River, Upper maintains representation in both the 2017, pp. 50–65). Water temperature, Gauley, Lower Gauley, and Middle New Appalachian Plateaus and Valley and excessive sedimentation, habitat watersheds in the Appalachian Plateaus Ridge physiographic provinces, only a fragmentation, water chemistry, water physiographic province and the Upper single metapopulation in each province flow, and nonnative competition likely New River and Greenbrier watersheds in has a moderate to high resiliency score. influenced the species in the past and the Valley and Ridge physiographic As related to the species’ occupation in contributed to its current condition, and province. a diversity of environmental settings, may continue to affect some individual Within these two physiographic candy darters have lost representation populations in the future. Hybridization provinces, the candy darter has been from lower mainstem rivers and with the closely related variegate darter extirpated from almost half of its tributaries. Researchers have noted (Etheostoma variatum) appears to be historical range; (17 (49 percent) of 35 differences in the genetic, physical, having, and will continue to have, the known populations and 2 (29 percent) behavioral, or developmental greatest influence on candy darter of 7 known metapopulations), with the characteristics of some stream fish populations and its overall viability extirpations representing a complete species based on the species’ within the next 25 years (Service 2017, loss of resiliency in those populations longitudinal position in the watershed pp. 50–65). While we acknowledge (or metapopulations). We qualitatively (e.g., stream size) (Neville et al. 2006, there is uncertainty regarding some of assessed the remaining (extant) pp. 911–913), but we have no data the scientific data and assumptions used populations, placing them in ‘‘low,’’ indicating candy darters exhibit similar to assess the biological condition of the ‘‘moderate,’’ or ‘‘high’’ categories that differences based on their particular candy darter, the species’ experts represent the populations’ potential to environmental setting. Although the generally agreed with the overall bounce back after stochastic events. candy darter retains representation in methodology and confirmed that the These categories were based on a both the Appalachian Plateaus and results were reflective of their combination of physical habitat metrics, Valley and Ridge physiographic observations of the candy darter and its nonnative competition metrics, and provinces, the species has a different habitat. candy darter demographic metrics (see distribution than it had historically (e.g., As mentioned above, the primary Service 2017, pp. 45, B1–B16). Of the 18 its presence or absence in headwater vs. stressor to the candy darter is extant populations, 6 (33 percent) have tributary streams), and likely a different hybridization with the variegate darter a current score of high resiliency, 6 (33 ability to respond to stochastic and (Service 2017, pp. 31–36, 50), a species percent) have moderate resiliency, and catastrophic events, thereby putting the that is native to the Kanawha River 6 (33 percent) have low or moderate to species at increased risk of extinction basin below the Kanawha Falls in low resiliency. The six populations with from any such events. Therefore, we Fayette County, West Virginia. The high resiliency occur in two conclude that the species’ Kanawha Falls serve as a natural barrier metapopulations (the Upper Gauley in representation is currently moderate to to fish dispersal from the lower the Appalachian Plateaus physiographic low (Service 2017, pp. 27–28, 43–49). Kanawha River basin (and greater Ohio province and the Greenbrier in the The candy darter is currently River basin) upstream into the range of Valley and Ridge physiographic distributed in five of the historical seven the candy darter in the upper Kanawha province); the remaining three extant metapopulations. The populations River basin. However, in the late 20th metapopulations (the Lower Gauley and within those metapopulations generally century, the variegate darter was Middle New in the Appalachian have moderate to low resiliency and introduced into the upper Kanawha

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basin, likely by ‘‘bait bucket transfer.’’ species experts and peer reviewers and Gauley watershed in West Virginia and Since their introduction in 1982 and their affiliations). the Middle New and Upper New 2002, variegate darters have expanded watersheds in Virginia). However, the Determination approximately 3 to 9 stream miles per risk is moderately high that the year over the course of the last 20 or Section 4 of the Act (16 U.S.C. 1533), variegate darter will eventually be more years within the range of the and its implementing regulations at 50 introduced into these watersheds and candy darter. Genetic studies have CFR part 424, set forth the procedures ultimately replace most candy darter demonstrated that where variegate and for adding species to the Federal Lists populations throughout the candy candy darter ranges now overlap, the of Endangered and Threatened Wildlife darter’s range. two species will hybridize, quickly and Plants. Under section 4(a)(1) of the The Act defines an endangered resulting in ‘‘genetic swamping’’ (the Act, we may list a species based on: (A) species as any species that is ‘‘in danger homogenization or replacement of The present or threatened destruction, of extinction throughout all or a native genotypes) of the endemic candy modification, or curtailment of its significant portion of its range.’’ We find darter population and eventually its habitat or range; (B) Overutilization for that an endangered species status is not complete replacement by variegate commercial, recreational, scientific, or appropriate for the candy darter because darters or hybrids (Service 2017, pp. 31– educational purposes; (C) Disease or the species still occurs throughout 36). predation; (D) The inadequacy of approximately half of its historical range existing regulatory mechanisms; or (E) and the risk is low that the species Summary of Future Conditions Analysis Other natural or manmade factors would not persist in the near term; in We modeled a total of five scenarios affecting its continued existence. other words, the risk of the candy darter to assess the potential viability of the We have carefully assessed the best significantly declining in the near term candy darter at a point up to 25 years scientific and commercial information is low given that it has persisted despite in the future (Service 2017, pp. 50–65). available regarding the past, present, historical levels of habitat loss. Further, Two scenarios were focused on habitat and future threats to the candy darter. variegate darters are not known to be change (one positive and the other Our analysis of this information present in the Virginia areas of the negative), and three scenarios were indicates that, at the species level, species’ range, thus the risk of focused on variegate darter invasion. hybridization with variegate darters significant declines in the near term due However, the habitat change scenarios, (Factor E) is the most influential factor to hybridization is low in those areas. by themselves, are not plausible affecting the candy darter now and into The persistence of occupied habitat scenarios because variegate darter the future. Excessive sedimentation and within the species’ range provides hybridization is ongoing and likely to increased water temperatures degraded redundancy, resiliency, and continue (see Chapter 4 and Appendix once-suitable habitat (Factor A) and representation levels that are likely B of the SSA Report for additional likely caused historical declines of the sufficient to sustain the species beyond information). We chose to model all candy darter; these factors continue to the near term. Therefore, we conclude scenarios out to 25 years because we affect some of the remaining that the current risk of extinction of the have data to reasonably predict populations despite regulatory candy darter is sufficiently low that it potential habitat and variegate darter mechanisms (Factor D) to reduce or does not meet the definition of an changes and their effects on the candy eliminate sedimentation. There may be endangered species under the Act. darter within this timeframe. additional infrastructure projects (e.g. The Act defines a threatened species Under the three most plausible roads, pipeline, etc.) that increase as any species that is ‘‘likely to become scenarios, the predicted rate of variegate sediment loading within the range of the endangered throughout all or a darter expansion and hybridization candy darter as a result of forest clearing significant portion of its range within remains the same, and at the end of 25 for permanent rights of way and stream the foreseeable future.’’ We find that the years, the candy darter will likely occur crossings. Additionally, the current status of the candy darter meets the in four isolated populations and level of habitat fragmentation (Factor A) definition of a threatened species. maintain little resilience, redundancy, isolates some populations, which Because the risk is high that or representation. The effects of reduces gene flow and limits the hybridization between the candy darter significant positive or negative habitat potential for the species to colonize or and the variegate darter will continue to changes do not alter this outcome; recolonize streams if habitat conditions occur, we can reasonably predict that although it is possible that, because change. Other factors such as flow within 20 years hybridization between variegate darters may be more tolerant alterations and water quality the two species is likely to increase of a wider range of habitat conditions, degradation that affect habitat (Factor within the range of the candy darter to negative habitat changes could A), and the stocking of nonnative an extent causing the species to become selectively benefit variegate darters and species that can eat (Factor C) or in danger of extinction (see table 6 and therefore increase the rate at which outcompete (Factor E) candy darter are Chapter 4 in the SSA report). We cannot candy darters are extirpated. not expected to cause species-level precisely predict the timing of The candy darter SSA Report contains effects. In addition, we have no introduction of the variegate darter into a more detailed discussion of our evidence that overutilization (Factor B) additional areas within the candy evaluation of the biological status of the or disease (Factor C) is affecting darter’s range, the rate of hybridization candy darter and the influences that individuals or populations of candy once introduction occurs, and the time may affect its continued existence. Our darters. at which candy darters will be replaced conclusions are based upon the best Hybridization with variegate darters by variegate darters or hybrids; available scientific and commercial has occurred or is currently occurring in however, the time period over which data, including the expert opinion of the multiple streams within the Lower New, the variegate darter has spread into the species’ experts (fishery biologists, Lower Gauley, and Greenbrier River candy darter’s range in the past and the aquatic ecologists, and geneticists from watersheds in West Virginia (Service documented effects of hybridization State and Federal agencies and 2017, p. 34). Variegate darters have not between the two species give us academic institutions). Please see the yet been detected in the remainder of reasonable confidence in our SSA report for a complete list of the the candy darter’s range (i.e., the Upper determination that the candy darter is

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likely to experience additional effects of the States and other countries and calls accomplished solely on Federal lands hybridization within 20 years to an for recovery actions to be carried out for because their range may occur primarily extent that will cause the species to listed species. The protection required or solely on non-Federal lands. To become in danger of extinction. by Federal agencies and the prohibitions achieve recovery of these species Therefore, on the basis of the best against certain activities are discussed, requires cooperative conservation efforts available scientific and commercial in part, below. on private, state, and tribal lands. If this information, we propose listing the The primary purpose of the Act is the species is listed, funding for recovery candy darter as threatened in conservation of endangered and actions will be available from a variety accordance with sections 3(6) and threatened species and the ecosystems of sources, including Federal budgets, 4(a)(1) of the Act. upon which they depend. The ultimate state programs, and cost share grants for Under the Act and our implementing goal of such conservation efforts is the non-Federal landowners, the academic regulations, a species may warrant recovery of these listed species, so that community, and nongovernmental listing if it is endangered or threatened they no longer need the protective organizations. In addition, pursuant to throughout all or a significant portion of measures of the Act. Subsection 4(f) of section 6 of the Act, the States of its range. Because we have determined the Act calls for the Service to develop Virginia and West Virginia would be that the candy darter is threatened and implement recovery plans for the eligible for Federal funds to implement throughout all of its range, no portion of conservation of endangered and management actions that promote the its range can be ‘‘significant’’ for threatened species. The recovery protection or recovery of the candy purposes of the definitions of planning process involves the darter. Information on our grant ‘‘endangered species’’ and ‘‘threatened identification of actions that are programs that are available to aid species.’’ See the Final Policy on necessary to halt or reverse the species’ species recovery can be found at: http:// Interpretation of the Phrase ‘‘Significant decline by addressing the threats to its www.fws.gov/grants. Portion of Its Range’’ in the Endangered survival and recovery. The goal of this Although the candy darter is only Species Act’s Definitions of process is to restore listed species to a proposed for listing under the Act at ‘‘Endangered Species’’ and ‘‘Threatened point where they are secure, self- this time, please let us know if you are Species’’ (79 FR 37577, July 1, 2014). sustaining, and functioning components interested in participating in recovery While it is the Service’s position under of their ecosystems. efforts for this species. Additionally, we the SPR Policy that undertaking no Recovery planning includes the invite you to submit any new further analysis of ‘‘significant portion development of a recovery outline information on this species whenever it of its range’’ in this circumstance is shortly after a species is listed and becomes available and any information consistent with the language of the Act, preparation of a draft and final recovery you may have for recovery planning we recognize that the Policy is currently plan. The recovery outline guides the purposes (see FOR FURTHER INFORMATION under judicial review, so we also took immediate implementation of urgent CONTACT). the additional step of considering recovery actions and describes the Section 7(a) of the Act requires whether there could be any significant process to be used to develop the Federal agencies to evaluate their portions of the species’ range where the recovery plan. A recovery team actions with respect to any species that species is in danger of extinction. We (composed of species experts, Federal is proposed or listed as an endangered evaluated whether there is substantial and state agencies, nongovernmental or threatened species and with respect information indicating that there are any organizations, and stakeholders) is to its critical habitat, if any is portions of the species’ range: (1) that sometimes established to develop the designated. Regulations implementing may be ‘‘significant,’’ and (2) where the recovery plan. The recovery plan this interagency cooperation provision species may be in danger of extinction. identifies recovery criteria that indicate of the Act are codified at 50 CFR part In practice, a key part of identifying when a species may be ready for 402. Section 7(a)(4) of the Act requires portions appropriate for further analysis downlisting or delisting, actions Federal agencies to confer with the is whether the threats are geographically necessary to achieve recovery and their Service on any action that is likely to concentrated. The threats affecting the estimated costs, and methods for jeopardize the continued existence of a species are throughout its entire range; monitoring recovery progress. The species proposed for listing or result in therefore, there is not a meaningful recovery plan may be revised to address destruction or adverse modification of geographical concentration of threats. continuing or new threats to the species, proposed critical habitat. If a species is As a result, even if we were to as new substantive information becomes listed subsequently, section 7(a)(2) of undertake a detailed SPR analysis, there available. When completed, the the Act requires Federal agencies to would not be any portions of the recovery outline, draft recovery plan, ensure that activities they authorize, species’ range where the threats are and final recovery plan will be available fund, or carry out are not likely to harming the species to a greater degree on our Web site (http://www.fws.gov/ jeopardize the continued existence of such that it is in danger of extinction in endangered), or from our West Virginia the species or destroy or adversely that portion. Ecological Services Field Office (see FOR modify its critical habitat. If a Federal FURTHER INFORMATION CONTACT). action may affect a listed species or its Available Conservation Measures Implementation of recovery actions critical habitat, the responsible Federal Conservation measures provided to generally requires the participation of a agency must enter into consultation species listed as endangered or broad range of partners, including other with the Service. threatened species under the Act Federal agencies, states, tribes, Federal agency actions within the include recognition, recovery actions, nongovernmental organizations, species’ habitat that may require requirements for Federal protection, and businesses, and private landowners. conference or consultation or both as prohibitions against certain practices. Examples of recovery actions include described in the preceding paragraph Recognition through listing results in habitat restoration (e.g., restoration of include, but are not limited to, public awareness, and conservation by native vegetation), research, captive management and any other landscape- Federal, state, tribal, and local agencies, propagation and reintroduction, and altering activities on lands administered private organizations, and individuals. outreach and education. The recovery of by the U.S. Forest Service, National Park The Act encourages cooperation with many listed species cannot be Service, and the U.S. Army Corps of

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Engineers (ACOE); issuance of section It is our policy, as published in the species, at the time it is listed in 404 Clean Water Act permits by the Federal Register on July 1, 1994 (59 FR accordance with the Act, on which are ACOE; issuance or oversight of coal 34272), to identify to the maximum found those physical or biological mining permits by the Office of Surface extent practicable at the time a species features: Mining; and construction and is listed, those activities that would or (a) Essential to the conservation of the maintenance of roads, bridges, or would not constitute a violation of species, and highways by the Federal Highway section 9 of the Act. The intent of this (b) Which may require special Administration. policy is to increase public awareness of management considerations or Under section 4(d) of the Act, the the effect of a proposed listing on protection; and Service has discretion to issue proposed and ongoing activities within (2) Specific areas outside the regulations that we find necessary and the range of the species proposed for geographical area occupied by the advisable to provide for the listing. Based on the best available species at the time it is listed, upon a conservation of threatened species. The information, the following actions are determination that such areas are Act and its implementing regulations set unlikely to result in a violation of essential for the conservation of the forth a series of general prohibitions and section 9, if these activities are carried species. Conservation, as defined under exceptions that apply to threatened out in accordance with existing section 3 of the Act, means to use all wildlife. The prohibitions of section regulations and permit requirements; methods and procedures that are 9(a)(1) of the Act, as applied to this list is not comprehensive: necessary to bring an endangered or threatened wildlife and codified at 50 • Normal agricultural practices, threatened species to the point at which CFR 17.31, make it illegal for any person including herbicide and pesticide use, the measures provided pursuant to the which are carried out in accordance subject to the jurisdiction of the United Act are no longer necessary. Such with any existing regulations, permit States to take (which includes harass, methods and procedures include, but and label requirements, and best harm, pursue, hunt, shoot, wound, kill, are not limited to, all activities management practices. trap, capture, or collect; or to attempt associated with scientific resources Based on the best available any of these) threatened wildlife within management such as research, census, information, the following activities the United States or on the high seas. In law enforcement, habitat acquisition may potentially result in a violation of addition, it is unlawful to import; and maintenance, propagation, live section 9 of the Act; this list is not export; deliver, receive, carry, transport, trapping, and transplantation, and, in comprehensive: or ship in interstate or foreign the extraordinary case where population (1) Introduction of variegate darters commerce in the course of commercial pressures within a given ecosystem into suitable candy darter habitat. activity; or sell or offer for sale in cannot be otherwise relieved, may (2) Stocking of nonnatives into interstate or foreign commerce any include regulated taking. listed species. It is also illegal to suitable candy darter habitat. Critical habitat receives protection possess, sell, deliver, carry, transport, or (3) Unlawful destruction or alteration under section 7 of the Act through the ship any such wildlife that has been of the habitat of the candy darter (e.g., requirement that Federal agencies taken illegally. Certain exceptions apply unpermitted instream dredging, ensure, in consultation with the Service, to employees of the Service, the impoundment, water diversion or that any action they authorize, fund, or National Marine Fisheries Service, other withdrawal, channelization, discharge carry out is not likely to result in the Federal land management agencies, and of fill material) that impairs essential destruction or adverse modification of state conservation agencies. behaviors such as breeding, feeding, or critical habitat. The designation of We may issue permits to carry out sheltering, or results in killing or critical habitat does not affect land otherwise prohibited activities injuring a candy darter. ownership or establish a refuge, involving threatened wildlife under (4) Unauthorized discharges or wilderness, reserve, preserve, or other certain circumstances. Regulations dumping of toxic chemicals or other conservation area. Such designation governing permits are codified at 50 pollutants into waters supporting the does not allow the government or public CFR 17.32. With regard to threatened candy darter that kills or injures to access private lands. Such wildlife, a permit may be issued for the individuals, or otherwise impairs designation does not require following purposes: For scientific essential life-sustaining behaviors such implementation of restoration, recovery, purposes, to enhance the propagation or as breeding, feeding, or finding shelter. or enhancement measures by non- survival of the species, and for Questions regarding whether specific Federal landowners. Where a landowner incidental take in connection with activities would constitute a violation of requests Federal agency funding or otherwise lawful activities. There are section 9 of the Act should be directed authorization for an action that may also certain statutory exemptions from to the appropriate office: • affect a listed species or critical habitat, the prohibitions, which are found in Southwestern Virginia Ecological the consultation requirements of section sections 9 and 10 of the Act. Services Field Office, 330 Cummings 7(a)(2) of the Act would apply, but even For the candy darter, we are Street, Abingdon, VA 24210; telephone in the event of a destruction or adverse considering developing a rule under (276) 623–1233; facsimile (276) 623– modification finding, the obligation of section 4(d) of the Act that is tailored to 1185. the Federal action agency and the • West Virginia Ecological Services the specific threats and conservation landowner is not to restore or recover Field Office (see FOR FURTHER needs of this species. Please see the the species, but to implement INFORMATION CONTACT). Information Requested—Public reasonable and prudent alternatives to Comments section above for a list of Critical Habitat for the Candy Darter avoid destruction or adverse activities we are considering exempting modification of critical habitat. under a section 4(d) rule in the future. Background Section 4 of the Act requires that we If appropriate, we will develop and then Critical habitat is defined in section 3 designate critical habitat on the basis of announce the availability of a proposed of the Act as: the best scientific data available. tailored section 4(d) rule for public (1) The specific areas within the Further, our Policy on Information review and comment. geographical area occupied by the Standards Under the Endangered

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Species Act (published in the Federal that the designation of critical habitat us the numbers of the sections or Register on July 1, 1994 (59 FR 34271)), will not likely increase the degree of paragraphs that are unclearly written, the Information Quality Act (section 515 threat to these species and may provide which sections or sentences are too of the Treasury and General some measure of benefit, we find that long, the sections where you feel lists or Government Appropriations Act for designation of critical habitat is prudent tables would be useful, etc. Fiscal Year 2001 (Pub. L. 106–554; H.R. for the candy darter. 5658)), and our associated Information National Environmental Policy Act (42 Critical Habitat Determinability Quality Guidelines, provide criteria, U.S.C. 4321 et seq.) establish procedures, and provide Having determined that designation is We have determined that guidance to ensure that our decisions prudent, under section 4(a)(3) of the Act environmental assessments and are based on the best scientific data we must find whether critical habitat for environmental impact statements, as available. They require our biologists, to the species is determinable. Our defined under the authority of the the extent consistent with the Act and regulations at 50 CFR 424.12(a)(2) state National Environmental Policy Act with the use of the best scientific data that critical habitat is not determinable (NEPA; 42 U.S.C. 4321 et seq.), need not available, to use primary and original when one or both of the following be prepared in connection with listing sources of information as the basis for situations exist: (i) Information a species as an endangered or recommendations to designate critical sufficient to perform required analyses threatened species under the habitat. of the impacts of the designation is Endangered Species Act. We published lacking, or (ii) The biological needs of Prudency Determination a notice outlining our reasons for this the species are not sufficiently well determination in the Federal Register Section 4(a)(3) of the Act, as known to permit identification of an on October 25, 1983 (48 FR 49244). amended, and implementing regulations area as critical habitat. (50 CFR 424.12), require that, to the As discussed above, we have References Cited maximum extent prudent and reviewed the available information A complete list of references cited in determinable, the Secretary designate pertaining to the biological needs of the this rulemaking is available on the critical habitat at the time the species is candy darter and habitat characteristics Internet at http://www.regulations.gov determined to be endangered or where the species is located. Because and upon request from the West threatened. Our regulations (50 CFR we are seeking, through this document, Virginia Ecological Services Field Office 424.12(a)(1)) state that the designation additional information regarding (see FOR FURTHER INFORMATION CONTACT). of critical habitat is not prudent when updated candy darter occurrence one or both of the following situations records, updated documentation of Authors exist: (1) The species is threatened by variegate darter presence and risk for taking or other human activity, and additional variegate darter The primary authors of this proposed identification of critical habitat can be introductions, and other analyses, we rule are the staff members of the expected to increase the degree of threat conclude that the designation of critical Northeast Regional Office. to the species, or (2) such designation of habitat is not determinable for the candy List of Subjects in 50 CFR Part 17 critical habitat would not be beneficial darter at this time. We will make a to the species. determination on critical habitat no later Endangered and threatened species, There is currently no imminent threat than 1 year following any final listing Exports, Imports, Reporting and of take attributed to collection or determination. recordkeeping requirements, vandalism under Factor B for the candy Transportation. Required Determinations darter, and identification and mapping Proposed Regulation Promulgation of critical habitat is not likely to Clarity of the Rule increase any such threat. In the absence Accordingly, we propose to amend We are required by Executive Orders of finding that the designation of critical part 17, subchapter B of chapter I, title 12866 and 12988 and by the habitat would increase threats to a 50 of the Code of Federal Regulations, Presidential Memorandum of June 1, species, if there are any benefits to a as set forth below: 1998, to write all rules in plain critical habitat designation, then a language. This means that each rule we prudent finding is warranted. The PART 17—ENDANGERED AND publish must: THREATENED WILDLIFE AND PLANTS potential benefits of designation (1) Be logically organized; include: (1) Triggering consultation (2) Use the active voice to address ■ under section 7 of the Act in new areas 1. The authority citation for part 17 readers directly; continues to read as follows: for actions in which there may be a (3) Use clear language rather than Federal nexus where it would not jargon; Authority: 16 U.S.C. 1361–1407; 1531– otherwise occur because, for example, it (4) Be divided into short sections and 1544; and 4201–4245; unless otherwise noted. is or has become unoccupied or the sentences; and occupancy is in question; (2) focusing (5) Use lists and tables wherever ■ 2. In § 17.11(h), add an entry for conservation activities on the most possible. ‘‘Darter, candy’’ in alphabetical order essential features and areas; (3) If you feel that we have not met these under FISHES to read as set forth below: providing educational benefits to State requirements, send us comments by one or county governments or private of the methods listed in ADDRESSES. To § 17.11 Endangered and threatened entities; and (4) preventing people from better help us revise the rule, your wildlife. causing inadvertent harm to the species. comments should be as specific as * * * * * Therefore, because we have determined possible. For example, you should tell (h) * * *

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Common name Scientific name Where listed Status Listing citations and applicable rules

******* FISHES

******* Darter, candy ...... Etheostoma osburni ...... Wherever found ...... T [Federal Register citation when published as a final rule].

*******

Dated: September 7, 2017. this proposed rule and Amendment 17B by the Council and implemented James W. Kurth, is to protect federally managed Gulf through regulations at 50 CFR part 622 Acting Director, U.S. Fish and Wildlife shrimp stocks while maintaining catch under the authority of the Magnuson- Service. efficiency, economic efficiency, and Stevens Fishery Conservation and [FR Doc. 2017–21351 Filed 10–3–17; 8:45 am] stability in the fishery. Management Act (Magnuson-Stevens BILLING CODE 4333–15–P DATES: Written comments must be Act). received on or before November 3, 2017. This document also proposes to designate the unidentified tables in ADDRESSES: You may submit comments DEPARTMENT OF COMMERCE on the proposed rule, identified by § 622.55 to bring the section into ‘‘NOAA–NMFS–2017–0040’’ by either compliance with the requirements of 1 National Oceanic and Atmospheric CFR 8.1 and 8.2 and with the Office of Administration of the following methods: • Electronic Submission: Submit all the Federal Register’s Document Drafting Handbook (https:// 50 CFR Part 622 electronic public comments via the Federal e-Rulemaking Portal. Go to www.archives.gov/files/federal-register/ [Docket No. 170823802–7802–01] www.regulations.gov/ write/handbook/ddh.pdf) section 7.4. RIN 0648–BG82 #!docketDetail;D=NOAA-NMFS-2017- Background 0040, click the ‘‘Comment Now!’’ icon, From 2003 to 2006, the Gulf shrimp Fisheries of the Caribbean, Gulf of complete the required fields, and enter fishery experienced significant Mexico, and South Atlantic; Shrimp or attach your comments. • economic losses, primarily as a result of Fishery of the Gulf of Mexico; Mail: Submit written comments to high fuel costs and reduced prices Amendment 17B Frank Helies, Southeast Regional Office, caused by competition with imports. NMFS, 263 13th Avenue South, St. These economic losses contributed to a AGENCY: National Marine Fisheries Petersburg, FL 33701. Service (NMFS), National Oceanic and reduction in the number of vessels in Instructions: Comments sent by any the fishery, and consequently, a Atmospheric Administration (NOAA), other method, to any other address or Commerce. reduction of commercial effort. During individual, or received after the end of that time, commercial vessels in the ACTION: Proposed rule; request for the comment period, may not be comments. Gulf shrimp fishery were required to considered by NMFS. All comments have an open-access permit. In 2006, to received are a part of the public record SUMMARY: NMFS proposes regulations to prevent overcapitalizing the fishery implement Amendment 17B to the and will generally be posted for public when it became profitable again, the Fishery Management Plan for the viewing on www.regulations.gov Council established a 10-year freeze on Shrimp Fishery of the Gulf of Mexico without change. All personal identifying the issuance of new shrimp permits and U.S. Waters, (FMP), as prepared and information (e.g., name, address, etc.), created a limited access Federal Gulf submitted by the Gulf of Mexico (Gulf) confidential business information, or shrimp moratorium permit (moratorium Fishery Management Council (Council). otherwise sensitive information permit) (71 FR 56039, September 26, This proposed rule would allow for the submitted voluntarily by the sender will 2006). In 2016, the Council extended the creation of a Federal Gulf shrimp be publicly accessible. NMFS will duration of the Gulf shrimp moratorium reserve pool permit when certain accept anonymous comments (enter permit program for another 10 years in conditions are met, and would allow ‘‘N/A’’ in the required fields if you wish Amendment 17A to the FMP (81 FR non-federally permitted Gulf shrimp to remain anonymous). 47733, July 22, 2016). vessels to transit through the Gulf Electronic copies of Amendment 17B, During the development of exclusive economic zone (EEZ). which includes an environmental Amendment 17A, the Council identified Amendment 17B would also define the assessment, a Regulatory Flexibility Act several other issues with the Gulf aggregate maximum sustainable yield (RFA) analysis, and a regulatory impact shrimp fishery that it wanted addressed. (MSY) and aggregate optimum yield review, may be obtained from the First, MSY and OY (equal to MSY), are (OY), and determine a minimum Southeast Regional Office Web site at defined individually for the three http://sero.nmfs.noaa.gov/sustainable_ number of commercial vessel _ penaeid shrimp species and for royal moratorium permits in the fishery. This fisheries/gulf fisheries/shrimp/2017/ red shrimp. Second, the number of proposed rule also would make am17b/index.html. moratorium permits has continued to technical corrections to the regulations FOR FURTHER INFORMATION CONTACT: decline and the Council is concerned that would revise the coordinates for the Frank Helies, telephone: 727–824–5305, that the decline in total permits will Tortugas shrimp sanctuary in the Gulf, or email: [email protected]. continue indefinitely. Finally, transit and correct the provisions regarding the SUPPLEMENTARY INFORMATION: The through Federal waters (Gulf EEZ) with harvest and possession of wild live rock shrimp fishery in the Gulf is managed shrimp on board currently requires a in Gulf Federal waters. The purpose of under the FMP. The FMP was prepared moratorium permit, which limits the

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ability of a state-registered vessel to Transit Provisions for Shrimp Vessels shrimp species (penaeid and royal red) navigate in certain areas of the Gulf Without a Federal Permit can be used as references points for the while engaged in shrimping. Currently, to possess Gulf shrimp in shrimp fishery as whole. In March 2016, the Council convened Amendment 17B was developed to the Gulf EEZ, a vessel must have been a working group to determine the address these issues through revisions issued a moratorium permit. In the Gulf, appropriate aggregate MSY and to management reference points and the there are some areas where state-only aggregate OY for the Gulf shrimp fishery Gulf shrimp permit program while licensed shrimpers would like to transit in Federal waters. To determine the maintaining catch efficiency, economic with shrimp on board from state waters efficiency, and stability in the fishery. aggregate MSY, the working group used through Federal waters to return to state the same general approach established Management Measures Codified waters and port. However, because these by a 2006 working group, but included Through in This Proposed Rule state-licensed shrimping vessels do not the most recent years of catch and effort possess a moratorium permit, they data through 2014. The working group This proposed rule would allow for cannot legally transit through the Gulf also determined that there were four the creation of a Federal Gulf shrimp EEZ while possessing shrimp. This important factors to consider when reserve pool permit when certain results in some of these vessels establishing aggregate OY: Landings, conditions are met and would allow spending increased time at sea and CPUE, sea turtle bycatch threshold, and non-federally permitted Gulf shrimp incurring additional fuel costs because juvenile red snapper bycatch. The vessels to transit through the Gulf EEZ. of longer transit times. working group concluded that the Federal Gulf Shrimp Reserve Pool The proposed rule would allow a predicted effort and associated landings Permit vessel possessing Gulf shrimp to transit in 2009 balanced all of these criteria the Gulf EEZ without a valid relative to observed levels in other Currently, moratorium permits are moratorium permit if fishing gear is years. valid for 1 year and are required to be appropriately stowed. Transit would be Amendment 17B proposes using the renewed annually. If the permit is not defined as non-stop progression through method developed by the working group renewed within 1 year of its expiration the area; fishing gear appropriately to establish aggregate MSY for the date, the permit is no longer renewable stowed would mean trawl doors and Federal Gulf shrimp fishery at and is terminated. A terminated permit nets must be out of the water and the 112,531,374 lb (51,043,373 kg), tail cannot be reissued by NMFS and is lost bag straps must be removed from the weight. Amendment 17B also would to the fishery. net. This transit exemption is expected establish aggregate OY for the Gulf to reduce the time at sea required for As of December 31, 2016, there were shrimp fishery equal to 85,761,596 lb some shrimpers, while allowing 1,441 moratorium permits that were (38,900,806 kg), tail weight, which is the enforcement to easily determine that the valid or renewable. Since the start of the aggregate MSY reduced for the gear is not being used for fishing. permit moratorium, a total of 493 ecological, social, and economic factors moratorium permits have been Measures Contained in Amendment described above. terminated. As described in 17B but Not Codified Through This Minimum Threshold Number of Gulf Amendment 17B, when the number of Proposed Rule Shrimp Moratorium Permits valid or renewable moratorium permits Amendment 17B would specify the As noted above, as of December 31, reaches 1,072, then any moratorium aggregate MSY and aggregate OY for the 2016, there were 1,441 moratorium permits that are not renewed within 1 Federal Gulf shrimp fishery, and permits that were valid or renewable, year of expiration would be converted to determine a minimum number of and, at the current rate of termination, a Gulf shrimp reserve pool permit. This moratorium permits in the fishery. the minimum threshold number of number is based on the predicted permits selected by the Council, 1,072 Aggregate MSY and OY number of active permitted vessels permits, will be reached in 24 years. needed to attain aggregate OY in the After extending the duration of the This minimum threshold number of offshore fishery. As explained further Gulf shrimp moratorium permit valid or renewable moratorium permits below, the aggregate OY accounts for program for another 10 years, and is based on the predicted number of relatively high catch per unit effort recognizing that the moratorium results active permitted vessels needed to (CPUE) and landings while reducing the in a passive loss of permits from the achieve aggregate OY in the offshore risk of exceeding sea turtle and juvenile fishery, the Council decided to fishery. Aggregate OY accounts for red snapper bycatch. determine an appropriate minimum relatively high CPUE and landings, As described in Amendment 17B, the number of moratorium permits. To while reducing the risk of exceeding sea Council estimates that it could take up facilitate this determination, the Council turtle and juvenile red snapper bycatch. to 24 years to reach the threshold value decided to establish an aggregate MSY Neither this proposed rule nor of 1,072 valid or renewable moratorium and OY for the Federal Gulf shrimp Amendment 17B actively removes any permits. Therefore, any Gulf shrimp fishery. In Amendment 15 to the FMP, moratorium permits. The minimum reserve pool permit that is created the Council established species specific threshold is only for purposes of would not be issued until eligibility MSYs and OYs for penaeid shrimp (80 monitoring changes in fishery requirements are developed by the FR 74711, November 30, 2015). MSY participation and determining whether Council and implemented through and OY were established for royal red additional management measures subsequent rulemaking. Depending on shrimp in the original FMP (46 FR should be established. such future Council action on eligibility 27489, May 20, 1981). Additionally, As specified in Amendment 17B, requirements, Gulf shrimp reserve pool Amendment 13 to the FMP revised the when the number of moratorium permits could be used as a method to MSY and OY for royal red shrimp (71 permits declines to 1,175, the Council allow new entrants into the fishery or to FR 56039, September 26, 2006). would form a panel to review details of allow persons who previously held a However, the shrimp permit is not the reserve permit pool and other moratorium permit to re-enter the species specific and an aggregate MSY options for management. The Council’s fishery. and OY for all federally managed Shrimp Advisory Panel (AP) suggested

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the review panel should meet when consistency in units of position. For that this proposed rule is consistent 1,300 valid and renewable permits consistency, the state of Florida is also with Amendment 17B, the FMP, other remain, but the Council determined that updating these positions. Only these provisions of the Magnuson-Stevens the review panel should meet when the technical corrections for the coordinates Act, and other applicable law, subject to number of permits was closer to the would be made to the language of the further consideration after public threshold number of 1,072 permits. The regulations; this proposed rule would comment. panel would consist of the Council’s not make any substantive changes in the This proposed rule has been Shrimp AP members, Science and regulations specific to the management determined to be not significant for Statistical Committee members, NMFS, measures for the Tortugas shrimp purposes of Executive Order 12866. and Council staff. This panel could sanctuary. The Magnuson-Stevens Act provides make recommendations about how to This proposed rule also would revise the legal basis for this proposed rule. No utilize a Gulf shrimp vessel permit the prohibited species regulations for duplicative, overlapping, or conflicting reserve pool. The development of wild live rock, as established in the Federal rules have been identified. In additional details for the pool permits Coral FMP. In 1994, the final rule addition, no new reporting and record- will occur through a plan amendment or implementing Amendment 2 to the keeping requirements are introduced by framework action, as appropriate, at a Coral FMP established a prohibition on this proposed rule. Accordingly, the later date, when additional available the harvest and possession of wild live Paperwork Reduction Act does not information about the status of the Gulf rock in the Gulf EEZ to begin on January apply to this proposed rule. A shrimp fishery may be available. 1, 1997 (59 FR 66776, December 28, description of this proposed rule, why 1994). The following year, the final rule it is being considered, and the purposes Measures in This Proposed Rule Not implementing Amendment 3 to the of this proposed rule are contained in Contained in Amendment 17B Coral FMP established an annual quota the preamble and in the SUMMARY In addition to the measures described for wild live rock from the Gulf EEZ to section of the preamble. The objectives in Amendment 17B, this proposed rule apply before the prohibition would take of this proposed rule are to establish the would revise the coordinates for the effect (60 FR 56533, November 9, 1995). appropriate metrics to manage the Tortugas shrimp sanctuary in the Gulf The prohibition on harvest beginning in shrimp fishery, maintain increases in that were established in the original 1997, and the quota were originally catch efficiency, maintain landings at or Shrimp FMP; and clarify the regulations codified at 50 CFR 638.26(c) and (d), near aggregate OY, promote economic for the harvest and possession of wild and the quota provision included efficiency and stability in the fishery, live rock in Gulf Federal waters, as prohibitions on harvest and possession provide flexibility for state registered established in the FMP for Coral and and on sale and purchase when a quota shrimp vessels, protect federally Coral Reefs of the Gulf of Mexico (Coral closure occurs. When NMFS managed Gulf shrimp stocks, correct FMP). reorganized the 50 CFR part 622 coordinates for the Tortugas sanctuary The original FMP established the regulations in 1996, the prohibition on in the Federal regulations so they are Tortugas shrimp sanctuary on May 20, harvest and possession and the quota consistent with published coordinates 1981, which was implemented with provisions were moved to 50 CFR in Federal navigation references and cooperation from of the state of Florida 622.42(b)(2) and 622.43(a)(2)(ii) (61 FR current positioning systems, and correct (46 FR 27489, May 20, 1981), and which 34930, July 3, 1996). In 1999, NMFS the regulations to clarify that harvest is currently defined at 50 CFR issued a final rule for a Technical and possession of wild live rock in or 622.55(c)(1). Since that time, there have Amendment to its regulations in 50 CFR from the Gulf EEZ is prohibited. been numerous advances in part 622 in order to revise a variety of The Chief Counsel for Regulation of geographical positioning systems that regulations for clarity, consistency in the Department of Commerce certified describe the physical locations (such as terms, and the removal of outdated to the Chief Counsel for Advocacy of the lights) used to define the boundary of regulations (64 FR 59125, November 2, Small Business Administration (SBA) the Tortugas shrimp sanctuary. NMFS 1999). Because the harvest of wild live that this rule, if adopted, would not and the state of Florida have determined rock in the Gulf was discontinued at the have a significant economic impact on that several positions for the points end of 1996, the final rule for the a substantial number of small entities. A defining the boundary of the sanctuary Technical Amendment removed several description of the factual basis for this are no longer consistent with the most provisions related to harvest, including determination follows. Estimates in the recent published coordinates in Federal the quota and the associated factual basis are based on 2011–2014 navigation references and current prohibitions on harvest and possession data, and all monetary estimates are in positioning systems, such as Global and on sale and purchase, when a quota 2014 dollars, consistent with the data Positioning Systems. For example, Point closure occurs. That final rule also and estimates in Amendment 17B. N (Coon Key Light) is currently added a general restriction on sale and This proposed rule, if implemented, described as being located at 25°52′9″ purchase of wild live rock from the Gulf would establish an aggregate MSY of North Latitude and 81°37′9″ West EEZ, which remains in effect today. 112,531,374 lb (51,043,373 kg), tail Longitude. However, using current However, NMFS recently became aware weight, and an aggregate OY of technology that is reflected in recently that the rule inadvertently failed to also 85,761,596 lb (38,900,806 kg), tail U.S navigational publications, NMFS add the general restriction on the weight, for the Federal Gulf shrimp and the state of Florida have noted that harvest and possession of wild live rock fishery; establish a minimum threshold this point is actually located at in or from the Gulf EEZ. In this of 1,072 Gulf shrimp moratorium 25°52′54″ North Latitude and 81°37′56″ proposed rule, NMFS corrects this error permits; establish how the Council will West Longitude. Therefore, this by adding the Gulf EEZ wild live rock respond if and when the minimum proposed rule would revise the prohibition at 622.73(c). threshold is reached; and allow shrimp positions for Points N, F, G, H, and P to vessels without Federal permits to reflect current technology, for Classification transit through Federal waters in the consistency with the current U.S. Coast Pursuant to section 304(b)(1)(A) of the Gulf when they have shrimp on board. Guard Light List, the U.S. Coast Pilot, Magnuson-Stevens Act, the NMFS This proposed rule also would make and the state of Florida, and for Assistant Administrator has determined technical corrections to the regulations

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that would revise the coordinates for the single business. Therefore, this expected to directly affect any small Tortugas shrimp sanctuary in the Gulf proposed rule would be expected to entities. and clarify the provisions regarding the directly regulate 5,240 businesses. The action to establish a minimum harvest and possession of wild live rock For vessels with Gulf shrimp number of 1,072 Gulf shrimp in Gulf Federal waters. moratorium permits, annual gross moratorium permits would not actively The action to revise the coordinates revenue was about $381,000 on average remove Gulf shrimp moratorium for the Tortugas shrimp sanctuary in the from 2011 through 2014, of which permits from the Federal fishery. Rather, Gulf is purely administrative in nature approximately $343,000 came from it would continue to allow a passive and thus would not directly regulate or commercial fishing operations. Net reduction in the number of valid or affect any entities. In addition, the revenue for these vessels was about renewable Gulf shrimp moratorium action to correct the regulations for wild $43,000, while net revenue from permits, as permits terminate due to not live rock in Gulf Federal waters adds the commercial fishing operations was being renewed in a timely manner, until previously established prohibition on approximately $8,300. For vessels the minimum number is reached. As a the harvest and possession, consistent without Gulf shrimp moratorium result, this action is not expected to with the regulations implemented as a permits, annual gross revenue was about directly regulate or affect any small result of Amendment 2 and Amendment $85,000 on average in 2012, of which entities. 3 to the Coral FMP. Currently, because approximately $64,000 came from The action to establish the Council’s the sale of wild live rock is prohibited commercial fishing operations. Net response when the number of valid and under the existing regulations, harvest revenue was about $16,000, while net renewable permits reaches or of wild live rock for commercial revenue from commercial fishing approaches the minimum number of purposes, and thus by business entities, operations was approximately ¥$5,000. permits is also administrative, or is prohibited. As such, any harvest that From 2011 through 2014, the greatest procedural, in nature. If the number of may be occurring as a result of average annual gross revenue earned by valid and renewable permits reaches the uncertainty regarding the current a single vessel (business) was minimum number, any permits that are regulations would be by individuals approximately $1.85 million. not renewed within 1 year of the who are retaining wild live rock for On December 29, 2015, NMFS issued expiration date on the permit will go personal use. However, individuals a final rule establishing a small business into a reserve pool. However, these engaged in such activities are not size standard of $11 million in annual reserve pool permits will not be issued, considered entities under the RFA. gross receipts (revenue) for all and therefore cannot be used to harvest This proposed rule is expected to businesses primarily engaged in the shrimp in Federal waters, until directly regulate businesses that possess commercial fishing industry (NAICS eligibility requirements are established. Federal Gulf shrimp moratorium code 11411) for RFA compliance This action also establishes a permits as well as shrimp vessels that purposes only (80 FR 81194, December requirement for the Council to convene do not possess these permits but transit 29, 2015). In addition to this gross a review panel once the number of valid through Federal waters. As of January 1, revenue standard, a business primarily and renewable permits reaches 1,175. 2017, there were 1,440 vessels with involved in commercial fishing is This action would not be expected to valid or renewable Gulf shrimp classified as a small business if it is alter domestic shrimp prices, landings, moratorium permits. Although some independently owned and operated, and or the harvesting behavior of shrimp vessels are thought to be owned by is not dominant in its field of operations vessels in the Gulf, and therefore is also businesses with the same or very similar (including its affiliates). not expected to directly affect any small individual owners, ownership data Based on the information above, all entities. regarding the businesses that possess businesses directly regulated by this The action to allow vessels without a these permits is incomplete, and thus it proposed rule are determined to be Gulf shrimp moratorium permit to is not currently feasible to accurately small businesses for the purpose of this possess shrimp when transiting through determine affiliations between vessels analysis. Therefore, it is determined that Federal waters if the gear is and the businesses that own them. this proposed rule will affect a appropriately stowed would be NMFS is making changes to its permit substantial number of small businesses. expected to directly affect these vessels. application forms so that such Aggregate MSY is a biological Specifically, under current regulations, determinations can be accurately made reference point. In general, establishing these vessels are not allowed to transit for future regulatory actions in this biological and other reference points in through Federal waters and instead fishery. Also, NMFS does not possess fisheries does not directly regulate any must often take a longer route between data that would indicate how many entities and therefore is not expected to their home ports and where they harvest vessels without Federal permits could alter domestic prices, landings, or the shrimp, resulting in longer transiting harvest shrimp in the Gulf and choose harvesting behavior of vessels. As such, times and distances, and therefore to transit through Federal waters. the action to establish aggregate MSY is higher fuel expenses. Although However, available landings data in not expected to directly affect any small quantitative estimates of these recent years indicate that as many as entities in the Gulf shrimp fishery. additional fuel expenses are not 3,800 vessels without Federal permits Similarly, aggregate OY specifies the available, this action would be expected harvested shrimp in the Gulf. NMFS level of harvest that is expected to to reduce fuel expenses for these does not possess any ownership data for maximize net benefits to the Nation. vessels, which would result in direct these vessels. Thus, it is not currently Though not purely biological, aggregate but positive economic effects on these feasible to accurately determine the OY is also a reference point. Thus, the small entities. number of individual businesses these action to establish aggregate OY does Based on the information above, a 3,800 vessels represent. While it will not directly regulate any entities and reduction in profits for a substantial result in an overestimate of the actual would also not be expected to alter number of small entities is not expected number of businesses directly regulated domestic prices, landings, or the as a result of this proposed rule. Thus, by this proposed rule, for the purposes harvesting behavior of vessels in the an initial regulatory flexibility analysis of this analysis, it is assumed that each Gulf shrimp fishery. As such, the action is not required and none has been vessel is independently owned by a to establish aggregate OY is not prepared.

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List of Subjects in 50 CFR Part 622 commercial vessel moratorium permit stowed. For the purposes of this Commercial, Fisheries, Fishing, Gulf, for Gulf shrimp that is not renewed will paragraph, transit means non-stop Permits, Shrimp. be terminated and will not be reissued progression through the Gulf EEZ. during the moratorium. A permit is Fishing gear appropriately stowed Dated: September 27, 2017. considered to be not renewed when an means trawl doors and nets must be out Samuel D. Rauch III, application for renewal, as required, is of the water and the bag straps must be Deputy Assistant Administrator for not received by the RA within 1 year of removed from the net. Regulatory Programs, National Marine the expiration date of the permit. ■ 3. Amend § 622.55 by: Fisheries Service. (iii) When NMFS has determined that ■ a. Designating the table in paragraph For the reasons set out in the the number of commercial vessel (b) as Table 1 to paragraph (b); preamble, 50 CFR part 622 is proposed moratorium permits for Gulf shrimp has ■ b. Revising paragraph (c)(1); to be amended as follows: reached the threshold number of ■ c. Designating the table after permits as described in the FMP, then PART 622—FISHERIES OF THE paragraph (d)(2) as Table 3 to paragraph a commercial vessel moratorium permit (d), the table after paragraph (d)(3) as CARIBBEAN, GULF, AND SOUTH for Gulf shrimp that is not renewed will ATLANTIC Table 4 to paragraph (d), and the table be converted to a Gulf shrimp reserve after paragraph (d)(4) as Table 5 to ■ 1. The authority citation for part 622 pool permit and held by NMFS for paragraph (d); continues to read as follows: possible reissuance. Gulf shrimp reserve ■ d. In paragraph (e) designating the pool permits will not be issued until Authority: 16 U.S.C. 1801 et seq. table as Table 6 to paragraph (e). eligibility requirements are developed The revision to read as follows: ■ 2. In § 622.50, revise paragraph and implemented through subsequent (b)(3)(ii), and add paragraphs (b)(3)(iii) rulemaking. § 622.55 Closed area. and (e) to read as follows: * * * * * * * * * * § 622.50 Permits, permit moratorium, and (e) Gulf shrimp transit provision. A (c) * * * endorsements. vessel that does not have a valid Gulf (1) The Tortugas shrimp sanctuary is * * * * * shrimp moratorium permit, as described closed to trawling. The Tortugas shrimp (b) * * * in paragraphs (a) and (b) of this section, sanctuary is that part of the EEZ off (3) * * * may possess Gulf shrimp when in Florida shoreward of rhumb lines (ii) Except as provided for in transit in the Gulf EEZ provided that the connecting, in order, the following paragraph (b)(3)(iii) of this section, a shrimp fishing gear is appropriately points:

TABLE 1 TO PARAGRAPH (c)(1)

Point North lat. West long.

N 1 ...... 25°52′54″ 81°37′56″ F ...... 24°50′42″ 81°51′18″ G 2 ...... 24°40′00″ 82°26′39″ H 3 ...... 24°34′44″ 82°35′27″ P 4 ...... 24°35′00″ 82°08′00″ 1 Coon Key Light. 2 New Ground Shoals Light. 3 Rebecca Shoals Light. 4 Marquesas Keys.

* * * * * DEPARTMENT OF COMMERCE information on a request by the Pacific ■ 4. In § 622.73, add paragraph (c) to Fishery Management Council (Council) National Oceanic and Atmospheric read as follows: to announce deliberations of potential Administration accumulation limits for Catcher § 622.73 Prohibited species. Processor Permit use or ownership in 50 CFR Part 660 * * * * * the Pacific Coast groundfish fishery. The [Docket No. 170630616–7875–01] Council may not count any acquisition (c) Wild live rock may not be and usage of Catcher Processor permits harvested or possessed in or from the RIN 0648–BH00 and/or usage of Catcher Processor Gulf EEZ. allocation after the date of June 13, [FR Doc. 2017–21039 Filed 10–3–17; 8:45 am] Magnuson-Stevens Act Provisions; 2017, in any decision setting Fisheries Off West Coast States; BILLING CODE 3510–22–P accumulation limits. NMFS invites Pacific Coast Groundfish Fishery; comments on this document. Commercial Management Measures DATES: Written comments must be AGENCY: National Marine Fisheries received by November 3, 2017. Service (NMFS), National Oceanic and ADDRESSES: You may submit comments Atmospheric Administration (NOAA), on the proposed rule identified by Commerce. ‘‘NOAA–NMFS–2017–0109’’ by either ACTION: Advanced notice of proposed of the following methods: • rulemaking; request for comments. Electronic Submission: Submit all electronic public comments via the SUMMARY: This advanced notice of Federal e-Rulemaking Portal. Go to proposed rulemaking provides www.regulations.gov/

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#!docketDetail;D=NOAA-NMFS-2017- The Program changed management of In advance of a rulemaking on 0109, click the ‘‘Comment Now!’’ icon, harvest in the trawl fishery from a trip changes to the Program, this document complete the required fields, and enter limit system with cumulative vessel trip announces that the Council may not or attach your comments. limits to a quota system in which each count any activities related to • Mail: Submit written comments to quota share could generally be acquisition and usage of CP permits Frank Lockhart, NMFS West Coast harvested at any time during an open and/or usage of CP allocation after the Regional Office, 7600 Sand Point Way season. The Program has increased date of June 13, 2017, when establishing NE., Seattle, WA 98115. fishermen’s flexibility in making accumulation limits for the CP sector. Instructions: Comments sent by any decisions on when and how much quota This is intended to discourage increased other method, to any other address or to fish. acquisition and usage of CP permits individual, or received after the end of The Magnuson-Stevens Act requires and/or usage of CP allocation for the the comment period, may not be that councils undertake reviews within purpose of economic speculation while considered by NMFS. All comments 5 years after implementation of limited the Council develops and considers received are a part of the public record access privilege programs such as the changes to the Program. and will generally be posted for public Pacific Coast groundfish trawl catch This announcement does not commit viewing on www.regulations.gov share program. The Council initiated its the Council or the NMFS to any without change. All personal identifying review in 2016, and expects to particular outcome. The Council may or information (e.g., name, address, etc.), recommend changes to the Program in may not make use of this date as part confidential business information, or the coming months. of any deliberations and decisions on otherwise sensitive information One of the issues that the Council is acquisition and usage of CP permits submitted voluntarily by the sender will considering is accumulation limits for and/or usage of CP allocation. Fishery be publicly accessible. NMFS will the Catcher Processor (CP) sector. In participants are not guaranteed future accept anonymous comments (enter establishing the initial Program, the participation in the program, regardless ‘‘N/A’’ in the required fields if you wish Council addressed accumulation limits of their entry date or level of to remain anonymous). for the ownership or control within the participation in the fishery before or shoreside IFQ sector and the mothership FOR FURTHER INFORMATION CONTACT: after June 13, 2017. It is important to sector, but not the CP sector. The Frank Lockhart, NMFS West Coast note that continuation of levels of accumulation limits were meant to accumulation that predate June 13, 2017 Regional Office, telephone: 206–526– prevent consolidation at levels that 6142, or email: frank.lockhart@ are not guaranteed. The Council also could result in an excessive share being may choose to take no further action. noaa.gov. acquired by a single entity. At the June Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: The 2017 Council meeting, the Council Pacific Fishery Management Council began considering whether or not Dated: September 28, 2017. (Council) recommended and the similar accumulation limits on Samuel D. Rauch, III, National Marine Fisheries Service ownership or control should be applied Deputy Assistant Administrator for (NMFS) implemented the Pacific Coast to the CP sector as well, and it Regulatory Programs, National Marine groundfish trawl catch share program recommended that NMFS announce the Fisheries Service. (Program) off Washington, Oregon and start of these deliberations in the [FR Doc. 2017–21254 Filed 10–3–17; 8:45 am] California, starting on January 11, 2011. Federal Register. BILLING CODE 3510–22–P

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Notices Federal Register Vol. 82, No. 191

Wednesday, October 4, 2017

This section of the FEDERAL REGISTER All comments received, including establishes guidelines for the contains documents other than rules or those received by mail, will be posted submission of policies or other materials proposed rules that are applicable to the without change to http:// to the FCIC Board of Directors (Board) public. Notices of hearings and investigations, www.regulations.gov, including any and identifies the required contents of a committee meetings, agency decisions and personal information provided, and can submission: the timing, review, and rulings, delegations of authority, filing of petitions and applications and agency be accessed by the public. All comments confidentiality requirements; statements of organization and functions are must include the agency name and reimbursement of research and examples of documents appearing in this docket number or Regulatory development costs, maintenance costs, section. Information Number (RIN) for this and user fees; and guidelines for non- notice. For detailed instructions on reinsured supplemental policies. This submitting comments and additional data is used to administer the Federal DEPARTMENT OF AGRICULTURE information, see http:// crop insurance program in accordance www.regulations.gov. If you are with the Federal Crop Insurance Act, as Federal Crop Insurance Corporation submitting comments electronically amended. [Docket No. FCIC–17–0001] through the Federal eRulemaking Portal The submission’s per-response time and want to attach a document, we ask was adjusted because FCIC reviewed Notice of Request for Renewal and that it be in a text-based format. If you each line item and consulted with Risk Revision of the Currently Approved want to attach a document that is a Management Agency subject matter Information Collection scanned Adobe PDF file, it must be experts. In this review, FCIC determined scanned as text and not as an image, the total number of product submissions AGENCY: Federal Crop Insurance thus allowing FCIC to search and copy were overestimated, therefore, lowering Corporation, USDA. certain portions of your submissions. the amount of product submissions for ACTION: Renewal and revision of the For questions regarding attaching a the information collection. currently approved information document that is a scanned Adobe PDF FCIC is requesting the Office of collection. file, please contact the RMA Web Management and Budget (OMB) to Content Team at (816) 823–4694 or by extend the approval of this information SUMMARY: In accordance with the email at [email protected]. collection for an additional 3 years. Paperwork Reduction Act of 1995 this Privacy Act: Anyone is able to search The purpose of this notice is to solicit notice announces the Federal Crop the electronic form of all comments comments from the public concerning Insurance Corporation’s (FCIC) received for any dockets by the name of this information collection. These intention to request an extension to a the individual submitting the comment comments will help us: currently approved information (or signing the comment, if submitted (1) Evaluate whether the proposed collection for the submission of policies, on behalf of an association, business, collection of information is necessary provisions of policies, rates of premium, labor union, etc.). You may review the for the proper performance of the and non-reinsured supplemental complete User Notice and Privacy functions of the agency, including policies under section 508(h) of the Notice for Regulations.gov at http:// whether the information has practical Federal Crop Insurance Act. This notice www.regulations.gov/#!privacyNotice. utility; announces a public comment period on (2) Evaluate the accuracy of the the information collection requests FOR FURTHER INFORMATION CONTACT: Tim agency’s estimate of the burden of the (ICRs) associated with the submission of Hoffmann, Director, Product proposed collection of information; policies, provisions of policies, rates of Administration and Standards Division, (3) Enhance the quality, utility, and premium, and non-reinsured Risk Management Agency, United States clarity of the information to be supplemental policies under section Department of Agriculture, Beacon collected; and 508(h) of the Federal Crop Insurance Facility, Stop 0812, Room 421, P.O. Box (4) Minimize the burden of the Act. 419205, Kansas City, MO 64141–6205, telephone (816) 926–7730. collection of information on those who DATES: Written comments on this notice SUPPLEMENTARY INFORMATION: are to respond, through use, as will be accepted until close of business Title: General Administrative appropriate, of automated, electronic, December 4, 2017. Regulations; Subpart V—Submission of mechanical, and other collection ADDRESSES: FCIC prefers that comments Policies, Provisions of Policies, Rates of technologies, e.g., permitting electronic be submitted electronically through the Premium, and Non-Reinsured submission of responses. Federal eRulemaking Portal. You may Supplemental Policies. Estimate of burden: The public submit comments, identified by Docket OMB Number: 0563–0064. reporting burden for this collection of ID No. FCIC–17–0001, by any of the Expiration Date of Approval: information is estimated to average 343 following methods: December 31, 2017. hours per response. • Federal eRulemaking Portal: http:// Type of Request: Extension of a Respondents/affected entities: Parties www.regulations.gov. Follow the currently approved information affected by the information collection instructions for submitting comments. collection. requirements included in this Notice is • Mail: Director, Product Abstract: FCIC is proposing to renew a person (including an approved Administration and Standards Division, the currently approved information insurance provider, a college or Risk Management Agency, United States collection, OMB Number 0563–0064. It university, a cooperative or trade Department of Agriculture, P.O. Box is currently up for renewal and association, or any other person) who 419205, Kansas City, MO 64133–6205. extension for three years. Subpart V prepares a submission, proposes to the

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Board other crop insurance policies, Department of Agriculture (USDA), Minimize and Contain Antimicrobial provisions of policies, or rates of Jamie L. Whitten Building, 1400 Resistance (CAC/RCP 61–2005) to premium, or submits to RMA a non- Independence Avenue SW., Room 107– address the entire food chain, in line reinsured supplemental policy. A, Washington, DC 20250. with the mandate of Codex. Estimated annual number of Documents related to the 5th Session (b) Considering the development of respondents: 195. of the TFAMR will be accessible via the Guidance on Integrated Surveillance of Estimated annual number of Internet at the following address: http:// Antimicrobial Resistance, taking into responses per respondent: .67. www.codexalimentarius.org/meetings- account the guidance developed by the Estimated annual number of reports/en/. WHO Advisory Group on Integrated responses: 131. Donald Prater, U.S. Delegate to the 5th Surveillance of Antimicrobial Estimated total annual burden hours Session of the TFAMR, invites U.S. Resistance (AGISAR) and relevant the on respondents: 44,947. interested parties to submit their World Organization for Animal Health All responses to this notice will be comments electronically to the (OIE) documents. summarized and included in the request following email address: donald.prater@ The Committee is hosted by the for OMB approval. All comments will fda.hhs.gov. Republic of Korea. also become a matter of public record. Call-in-Number Issues To Be Discussed at the Public Signed in Washington, DC, on August 16, If you wish to participate in the Meeting 2017. public meeting for the 5th Session of the Heather Manzano, The following items on the Agenda TFAMR by conference call, please use for the 5th Session of the TFAMR will Acting Manager, Federal Crop Insurance the call-in-number below: Corporation. be discussed during the public meeting: Call-in-Number: 1–888–844–9904. • Matters referred by Codex and other [FR Doc. 2017–20975 Filed 10–3–17; 8:45 am] Access Code: 5126092. Subsidiary Bodies; BILLING CODE 3410–08–P Registration • Matters arising from the work of the FAO, WHO and other international Attendees may register to attend the intergovernmental organizations: DEPARTMENT OF AGRICULTURE public meeting by emailing (a) Progress report on the request for [email protected] by Food Safety and Inspection Service scientific advice on foodborne November 3, 2017. Early registration is antimicrobial resistance from the FAO [Docket No. FSIS–2017–0041] encouraged as it will expedite entry into and WHO in collaboration with OIE. the building. The meeting will be held (b) Information on the work of the Codex Alimentarius Commission: Ad in a Federal building. Attendees should FAO, WHO, OIE and other relevant Hoc Codex Intergovernmental Task bring photo identification and plan for international organizations on Force on Antimicrobial Resistance adequate time to pass through security antimicrobial resistance. screening systems. Attendees who are • Proposed draft revision of the Code AGENCY: Office of the Deputy Under not able to attend the meeting in person, Secretary for Food Safety, USDA. of Practice to Minimize and Contain but wish to participate may do so by Antimicrobial Resistance (CAC/RCP 61– ACTION: Notice of public meeting and phone. request for comments. 2005); and FOR FURTHER INFORMATION ABOUT THE 5TH • Proposed draft Guidelines on SUMMARY: The Office of the Deputy SESSION OF THE TFAMR CONTACT: The integrated surveillance of antimicrobial Under Secretary for Food Safety, U.S. Office of Foods and Veterinary resistance. Department of Agriculture (USDA), and Medicine, FDA, 10903 New Hampshire Each issue listed will be fully the Food and Drug Administration Avenue, Silver Spring, MD 20993, described in documents distributed, or (FDA), are sponsoring a public meeting Email: [email protected]. to be distributed, by the Secretariat on November 7, 2017. The objective of FOR FURTHER INFORMATION ABOUT THE before the Meeting. Members of the the public meeting is to provide PUBLIC MEETING CONTACT: Kenneth public may access or request copies of information and receive public Lowery, U.S. Codex Office, 1400 these documents (see ADDRESSES). Independence Avenue SW., Room 4861, comments on agenda items and draft Public Meeting United States (U.S.) positions to be Washington, DC 20250, Telephone: discussed at the 5th Session of the Ad (202) 690–4042, Fax: (202) 720–3157, At the November 7, 2017, public Hoc Codex Intergovernmental Task Email: [email protected]. meeting, draft U.S. positions on the Force on Antimicrobial Resistance SUPPLEMENTARY INFORMATION: agenda items will be described and discussed, and attendees will have the (TFAMR) of the Codex Alimentarius Background Commission (Codex), taking place in opportunity to pose questions and offer Jeju, Republic of Korea, November 27, Codex was established in 1963 by two comments. Written comments may be 2017 through December 1, 2017. The United Nations organizations, the Food offered at the meeting or sent to Donald Deputy Under Secretary for Food Safety and Agriculture Organization (FAO) and Prater for the 5th Session of the TFAMR and the FDA recognize the importance the World Health Organization (WHO). (see ADDRESSES). Written comments of providing interested parties with the Through adoption of food standards, should state that they relate to activities opportunity to obtain background codes of practice, and other guidelines of the 5th Session of the TFAMR. developed by its committees, and by information on the 5th Session of the Additional Public Notification TFAMR and to address items on the promoting their adoption and Public awareness of all segments of agenda. implementation by governments, the Codex seeks to protect the health of rulemaking and policy development is DATES: The public meeting is scheduled consumers and ensure fair practices in important. Consequently, FSIS will for Tuesday, November 7, 2017, from the food trade. announce this Federal Register 1:00 p.m.–4:00 p.m. The TFAMR is responsible for: publication on-line through the FSIS ADDRESSES: The public meeting will (a) Reviewing and revising as Web page located at: http:// take place at the United States appropriate the Code of Practice to www.fsis.usda.gov/federal-register.

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FSIS also will make copies of this COMMISSION ON CIVIL RIGHTS Records and documents discussed publication available through the FSIS during the meeting will be available for Constituent Update, which is used to Notice of Public Meeting of the Oregon public viewing prior to and after the provide information regarding FSIS Advisory Committee meeting at http://facadatabase.gov/ policies, procedures, regulations, AGENCY: U.S. Commission on Civil committee/meetings.aspx?cid=270. Federal Register notices, FSIS public Rights. Please click on the ‘‘Meeting Details’’ meetings, and other types of information and ‘‘Documents’’ links. Records ACTION: Announcement of meeting. that could affect or would be of interest generated from this meeting may also be to our constituents and stakeholders. SUMMARY: Notice is hereby given, inspected and reproduced at the The Update is available on the FSIS pursuant to the provisions of the rules Regional Programs Unit, as they become Web page. Through the Web page, FSIS and regulations of the U.S. Commission available, both before and after the is able to provide information to a much on Civil Rights (Commission) and the meeting. Persons interested in the work broader, more diverse audience. In Federal Advisory Committee Act of this Committee are directed to the addition, FSIS offers an email (FACA) that a meeting of the Oregon Commission’s Web site, http:// subscription service which provides Advisory Committee (Committee) to the www.usccr.gov, or may contact the automatic and customized access to Commission will be held at 1:00 p.m. Regional Programs Unit at the above selected food safety news and (Pacific Time) Monday, November 6, email or street address. information. This service is available at: 2017. The purpose of the meeting is for Agenda http://www.fsis.usda.gov/subscribe. the Committee to begin planning for a Options range from recalls to export briefing focused on human trafficking in I. Welcome information, regulations, directives, and Oregon. II. Approve minutes from September 5, 2017 III. Discuss Briefing Logistics notices. Customers can add or delete DATES: The meeting will be held on subscriptions themselves, and have the a. Location Monday, November 6, 2017, at 1:00 p.m. b. Date option to password protect their PDT. accounts. IV. Discussion Briefing Agenda ADDRESSES: Public call information: a. Speakers USDA Non-Discrimination Statement Dial: 877–675–4757. b. Panel Categories Conference ID: 7967234. V. Public Comment No agency, officer, or employee of the FOR FURTHER INFORMATION CONTACT: Ana VI. Next Steps USDA shall, on the grounds of race, VII. Adjournment color, national origin, religion, sex, Victoria Fortes (DFO) at afortes@ gender identity, sexual orientation, usccr.gov or (213) 894–3437. Dated: September 29, 2017. disability, age, marital status, family/ SUPPLEMENTARY INFORMATION: This David Mussatt, parental status, income derived from a meeting is available to the public Supervisory Chief, Regional Programs Unit. public assistance program, or political through the following toll-free call-in [FR Doc. 2017–21310 Filed 10–3–17; 8:45 am] number: 877–675–4757, conference ID beliefs, exclude from participation in, BILLING CODE P deny the benefits of, or subject to number: 7967234. Any interested discrimination any person in the United member of the public may call this States under any program or activity number and listen to the meeting. COMMISSION ON CIVIL RIGHTS conducted by the USDA. Callers can expect to incur charges for calls they initiate over wireless lines, Notice of Public Meeting of the How To File a Complaint of and the Commission will not refund any California Advisory Committee Discrimination incurred charges. Callers will incur no To file a complaint of discrimination, charge for calls they initiate over land- AGENCY: U.S. Commission on Civil complete the USDA Program line connections to the toll-free Rights. Discrimination Complaint Form, which telephone number. Persons with hearing ACTION: Announcement of meeting. may be accessed online at http:// impairments may also follow the SUMMARY: Notice is hereby given, www.ocio.usda.gov/sites/default/files/ proceedings by first calling the Federal pursuant to the provisions of the rules docs/2012/Complain_combined_6_8_ Relay Service at 1–800–977–8339 and and regulations of the U.S. Commission 12.pdf, or write a letter signed by you providing the Service with the on Civil Rights (Commission) and the or your authorized representative. conference call number and conference Send your completed complaint form Federal Advisory Committee Act ID number. (FACA) that a meeting of the California or letter to USDA by mail, fax, or email: Members of the public are entitled to State Advisory Committee (Committee) Mail: U.S. Department of Agriculture, make comments during the open period to the Commission will be held at 10 Director, Office of Adjudication, 1400 at the end of the meeting. Members of a.m. (Pacific Time) Wednesday, October Independence Avenue SW., the public may also submit written 25, 2017. The purpose of the meeting is Washington, DC 20250–9410. comments; the comments must be for the Committee to discuss outreach Fax: (202) 690–7442. received in the Regional Programs Unit strategies to circulate Voting Integrity Email: [email protected]. within 30 days following the meeting. Persons with disabilities who require report. Written comments may be mailed to the alternative means for communication Western Regional Office, U.S. DATES: The meeting will be held on (Braille, large print, audiotape, etc.), Commission on Civil Rights, 300 North Wednesday, October 25, at 10 a.m. PT. should contact USDA’s TARGET Center Los Angeles Street, Suite 2010, Los ADDRESSES: Public call information: at (202) 720–2600 (voice and TDD). Angeles, CA 90012. They may be faxed Dial: 888–554–1429. Done at Washington, DC, on September 29, to the Commission at (213) 894–0508, or Conference ID: 1923982. 2017. emailed Ana Victoria Fortes at afortes@ FOR FURTHER INFORMATION CONTACT: Ana Paulo Almeida, usccr.gov. Persons who desire Victoria Fortes at [email protected] or Acting U.S. Manager for Codex Alimentarius. additional information may contact the (213) 894–3437. [FR Doc. 2017–21347 Filed 10–3–17; 8:45 am] Regional Programs Unit at (213) 894– SUPPLEMENTARY INFORMATION: This BILLING CODE 3410–DM–P 3437. meeting is available to the public

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through the following toll-free call-in COMMISSION ON CIVIL RIGHTS additional information may contact the number: 888–554–1429, conference ID Eastern Regional Office at (202) 376– number: 1923982. Any interested Notice of Public Meeting of the 7533. member of the public may call this Connecticut Advisory Committee Records and documents discussed during the meeting will be available for number and listen to the meeting. AGENCY: Commission on Civil Rights. Callers can expect to incur charges for public viewing as they become available ACTION: Announcement of meeting. calls they initiate over wireless lines, at https://database.faca.gov/committee/ and the Commission will not refund any SUMMARY: Notice is hereby given, meetings.aspx?cid=239; click the incurred charges. Callers will incur no pursuant to the provisions of the rules ‘‘Meeting Details’’ and ‘‘Documents’’ charge for calls they initiate over land- and regulations of the U.S. Commission links.Records generated from this line connections to the toll-free on Civil Rights (Commission), and the meeting may also be inspected and telephone number. Persons with hearing Federal Advisory Committee Act reproduced at the Eastern Regional impairments may also follow the (FACA), thata meeting of the Office, as they become available, both proceedings by first calling the Federal ConnecticutAdvisory Committee to the before and after the meetings. Persons Relay Service at 1–800–977–8339 and Commission will convene by conference interested in the work of this advisory providing the Service with the call at 12:00 p.m. (EDT) on: Wednesday, committee are advised to go to the conference call number and conference November 8, 2017. The purpose of the Commission’s Web site, www.usccr.gov, ID number. meeting is to review and approve (vote) or to contact the Eastern Regional Office on the Advisory Memorandum on at the above phone numbers, email or Members of the public are entitled to Solitary Confinement. street address. make comments during the open period at the end of the meeting. Members of DATES: Wednesday, November 8, at Agenda the public may also submit written 12:00 p.m. EDT. Public Call-In Information: Wednesday, November 8, 2017 comments; the comments must be Conference call-in number: 1–888–438– • received in the Regional Programs Unit Open—Roll Call 5448 and conference call 3640132. • within 30 days following the meeting. Work on Advisory Memorandum • Vote on Memorandum, if ready Written comments may be mailed to the FOR FURTHER INFORMATION CONTACT: Barbara Delaviez, at [email protected] or by • Open Comment Western Regional Office, U.S. • Adjourn Commission on Civil Rights, 300 North phone at 202–376–7533. Los Angeles Street, Suite 2010, Los SUPPLEMENTARY INFORMATION: Interested Dated: September 29, 2017. Angeles, CA 90012. They may be faxed members of the public may listen to the David Mussatt, to the Commission at (213) 894–0508, or discussion by calling the following toll- Supervisory Chief, Regional Programs Unit. emailed Ana Victoria Fortes at afortes@ free conference call-in number: 1–888– [FR Doc. 2017–21307 Filed 10–3–17; 8:45 am] 438–5448 and conference call 3640132. usccr.gov. Persons who desire BILLING CODE P additional information may contact the Please be advised that before placing Regional Programs Unit at (213) 894– them into the conference call, the 3437. conference call operator will ask callers COMMISSION ON CIVIL RIGHTS to provide their names, their Records and documents discussed organizational affiliations (if any), and Notice of Public Meeting of the Arizona during the meeting will be available for email addresses (so that callers may be Advisory Committee public viewing prior to and after the notified of future meetings). Callers can AGENCY: meeting at http://facadatabase.gov/ expect to incur charges for calls they U.S. Commission on Civil committee/meetings.aspx?cid=237. initiate over wireless lines, and the Rights. Please click on the ‘‘Meeting Details’’ Commission will not refund any ACTION: Announcement of meeting. and ‘‘Documents’’ links. Records incurred charges. Callers will incur no generated from this meeting may also be SUMMARY: Notice is hereby given, charge for calls they initiate over land- pursuant to the provisions of the rules inspected and reproduced at the line connections to the toll-free Regional Programs Unit, as they become and regulations of the U.S. Commission conference call-in number. on Civil Rights (Commission) and the available, both before and after the Persons with hearing impairments meeting. Persons interested in the work Federal Advisory Committee Act may also follow the discussion by first (FACA) that a meeting of the Arizona of this Committee are directed to the calling the Federal Relay Service at 1– Advisory Committee (Committee) to the Commission’s Web site, http:// 800–977–8339 and providing the Commission will be held at 12:00 p.m. www.usccr.gov, or may contact the operator with the toll-free conference (Pacific Time) Wednesday, November 1, Regional Programs Unit at the above call-in number: 1–888–438–5448 and 2017. The purpose of the meeting is for email or street address. conference call 3640132. the Committee to discuss civil rights Members of the public are invited to topics of study. Agenda make statements during the open DATES: I. Welcome comment period of the meeting or The meeting will be held on II. Approval of August 16, 2017 Minutes submit written comments. The Wednesday, November 1, 2017, at 12:00 III. Discussion Regarding Voting Integrity comments must be received in the p.m. PT. Report Outreach regional office approximately 30 days ADDRESSES: Public call information: IV. Public Comment after each scheduled meeting. Written Dial: 800–776–0487. V. Adjournment comments may be mailed to the Eastern Conference ID: 3255917. FOR FURTHER INFORMATION CONTACT: Ana Dated: September 29, 2017. Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Victoria Fortes (DFO) at afortes@ David Mussatt, Avenue, Suite 1150, Washington, DC usccr.gov or (213) 894–3437. Supervisory Chief, Regional Programs Unit. 20425, faxed to (202) 376–7548, or SUPPLEMENTARY INFORMATION: This [FR Doc. 2017–21309 Filed 10–3–17; 8:45 am] emailed to Evelyn Bohor at ero@ meeting is available to the public BILLING CODE 6335–01–P usccr.gov. Persons who desire through the following toll-free call-in

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number: 800–776–0487, conference ID COMMISSION ON CIVIL RIGHTS Records and documents discussed number: 3255917. Any interested during the meeting will be available for member of the public may call this Notice of Public Meeting of the Texas public viewing prior to and after the number and listen to the meeting. Advisory Committee meeting at http://facadatabase.gov/ committee/meetings.aspx?cid=276. Callers can expect to incur charges for AGENCY: U.S. Commission on Civil Please click on the ‘‘Meeting Details’’ calls they initiate over wireless lines, Rights. and the Commission will not refund any and ‘‘Documents’’ links. Records ACTION: Announcement of meeting. incurred charges. Callers will incur no generated from this meeting may also be inspected and reproduced at the charge for calls they initiate over land- SUMMARY: Notice is hereby given, Regional Programs Unit, as they become line connections to the toll-free pursuant to the provisions of the rules available, both before and after the telephone number. Persons with hearing and regulations of the U.S. Commission meeting. Persons interested in the work impairments may also follow the on Civil Rights (Commission) and the of this Committee are directed to the proceedings by first calling the Federal Federal Advisory Committee Act Commission’s Web site, http:// Relay Service at 1–800–977–8339 and (FACA) that a meeting of the Texas www.usccr.gov, or may contact the providing the Service with the Advisory Committee (Committee) to the Regional Programs Unit at the above Commission will be held at 2:00 p.m. conference call number and conference email or street address. ID number. (Central Time) October 25, 2017. The Members of the public are entitled to purpose of the meeting is for the Agenda make comments during the open period Committee to discuss proposal on I. Welcome voting rights. at the end of the meeting. Members of II. Approval of September 27, 2017 Minutes the public may also submit written DATES: The meeting will be held on III. Review of Voting Rights Proposal IV. Public Comment comments; the comments must be Wednesday, October 25, 2017, at 2:00 p.m. CDT. V. Next Steps received in the Regional Programs Unit VI. Adjournment within 30 days following the meeting. ADDRESSES: Public call information: Dated: September 29, 2017. Written comments may be mailed to the Dial: 888–318–7469. David Mussatt, Western Regional Office, U.S. Conference ID: 3641351. Supervisory Chief, Regional Programs Unit. Commission on Civil Rights, 300 North FOR FURTHER INFORMATION CONTACT: Ana Los Angeles Street, Suite 2010, Los Victoria Fortes (DFO) at afortes@ [FR Doc. 2017–21311 Filed 10–3–17; 8:45 am] Angeles, CA 90012. They may be faxed usccr.gov or (213) 894–3437. BILLING CODE P to the Commission at (213) 894–0508, or SUPPLEMENTARY INFORMATION: This emailed Ana Victoria Fortes at afortes@ meeting is available to the public usccr.gov. Persons who desire through the following toll-free call-in DEPARTMENT OF COMMERCE additional information may contact the number: 888–318–7469, conference ID Foreign-Trade Zones Board Regional Programs Unit at (213) 894– number: 3641351. Any interested 3437. member of the public may call this [B–061–2017] number and listen to the meeting. Records and documents discussed Foreign-Trade Zone (FTZ) 272—Lehigh during the meeting will be available for Callers can expect to incur charges for calls they initiate over wireless lines, Valley, Pennsylvania: Notification of public viewing prior to and after the and the Commission will not refund any Proposed Production Activity; Fuling meeting at http://facadatabase.gov/ incurred charges. Callers will incur no Plastic USA, Inc. (Disposable Plastic committee/meetings.aspx?cid=235. charge for calls they initiate over land- and Paper Service Ware and Please click on the ‘‘Meeting Details’’ line connections to the toll-free Kitchenware Products); Allentown, and ‘‘Documents’’ links. Records telephone number. Persons with hearing Pennsylvania generated from this meeting may also be impairments may also follow the Fuling Plastic USA, Inc. (Fuling inspected and reproduced at the proceedings by first calling the Federal Plastic) submitted a notification of Regional Programs Unit, as they become Relay Service at 1–800–977–8339 and proposed production activity to the FTZ available, both before and after the providing the Service with the Board for its facility in Allentown, meeting. Persons interested in the work conference call number and conference Pennsylvania within Subzone 272C. The of this Committee are directed to the ID number. notification conforming to the Commission’s Web site, http:// Members of the public are entitled to requirements of the regulations of the www.usccr.gov, or may contact the make comments during the open period FTZ Board (15 CFR 400.22) was Regional Programs Unit at the above at the end of the meeting. Members of received on September 27, 2017. email or street address. the public may also submit written The Fuling Plastic facility is used for Agenda comments; the comments must be the receipt, quality control, received in the Regional Programs Unit warehousing, manipulation, testing, and I. Welcome within 30 days following the meeting. production of disposable plastic and II. Approval of Minutes From September 7, Written comments may be mailed to the paper service ware and kitchenware 2017 Meeting Western Regional Office, U.S. products. Pursuant to 15 CFR 400.14(b), III. Discussion Regarding Topics of Study Commission on Civil Rights, 300 North FTZ activity would be limited to the IV. Next Steps Los Angeles Street, Suite 2010, Los specific foreign-status materials and V. Adjournment Angeles, CA 90012. They may be faxed components and specific finished Dated: September 29, 2017. to the Commission at (213) 894–0508, or products described in the submitted emailed Ana Victoria Fortes at afortes@ notification (as described below) and David Mussatt, usccr.gov. Persons who desire subsequently authorized by the FTZ Supervisory Chief, Regional Programs Unit. additional information may contact the Board. [FR Doc. 2017–21308 Filed 10–3–17; 8:45 am] Regional Programs Unit at (213) 894– Production under FTZ procedures BILLING CODE P 3437. could exempt Fuling Plastic from

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customs duty payments on the foreign- activity to the FTZ Board on behalf of laminate outer covering; hardwood status components used in export BGM America, Inc. (BGM), located in plywood veneer panels; hardwood production. On its domestic sales, for Marion, South Carolina. The marine plywood with hardwood veneer the foreign-status materials/components notification conforming to the outer plywood; densified wood blocks; noted below, Fuling Plastic would be requirements of the regulations of the composite wood blocks; marine wood able to choose the duty rates during FTZ Board (15 CFR 400.22) was cabinetry; log books; binders and customs entry procedures that apply to: received on September 27, 2017. folders; watertight labels; self-adhesive Plastic Drinking Straws; Plastic Plates; The BGM facility is located within labels; coated paper gaskets and washer Disposable Plastic Cups; Disposable Subzone 127C. The facility is used for seals; manuals; decal transfers; woven Plastic Plates and Serving Dishes; the production of sailboats, cabin nylon strips; rubber thread and cord Plastic Food Containers; and, Plastic cruiser powerboats, and outboard motor bungee cords; synthetic fiber braided Stoppers, Lids, Caps (duty rate ranges boats. Pursuant to 15 CFR 400.14(b), cord cut to length; cotton netting; twine, from 3.1% to 5.3%). Fuling Plastic FTZ activity would be limited to the cordage and rope safety ladders; twine would be able to avoid duty on foreign- specific foreign-status materials/ and cordage rope; nylon woven ribbons; status components which become scrap/ components and specific finished marine vinyl composed of polyvinyl waste. Customs duties also could products described in the submitted chloride, polyester and cotton (coated possibly be deferred or reduced on notification (as described below) and with over 70 percent polyvinyl foreign-status production equipment. subsequently authorized by the FTZ chloride); rubberized textile adhesive The components and materials Board. tape; textile felt seals and gaskets; Production under FTZ procedures sourced from abroad include: synthetic fiber curtains; synthetic fiber could exempt BGM from customs duty Polypropylene Resin; Polypropylene textile blinds; synthetic fiber table Resin (Modified Granulation with payments on the foreign-status materials/components used in export covers; synthetic fiber textile wheel Color); Plastic Film; Plastic Bags; Paper covers; sails of synthetic fibers; cotton Wrap; and, Paper Cartons, Boxes, and production (estimated 5–20 percent of production). On its domestic sales, for dust cloths; polyester web fabric straps; Cases (duty rate ranges from duty-free to abrasive deck surface coating; mirrors; 6.5%). the foreign-status materials/components noted below, BGM would be able to nonwoven fiberglass mats; woven Public comment is invited from fiberglass with fibers; fiberglass in bulk; interested parties. Submissions shall be choose the duty rates during customs entry procedures that apply to sailboats, stainless steel threaded pipes; stainless addressed to the Board’s Executive steel support posts; stainless steel Secretary at the address below. The cabin cruiser powerboats with inboard engines, and outboard motorboats (duty anchoring mechanisms—wire, ropes closing period for their receipt is and cables; iron and nonalloy steel November 13, 2017. rates range from 1%–1.5%). BGM would be able to avoid duty on foreign-status anchoring chains; steel nails; steel screw A copy of the notification will be components which become scrap/waste. hooks; self-tapping steel wood screws; available for public inspection at the Customs duties also could possibly be steel flat screws; steel bolts; steel Office of the Executive Secretary, deferred or reduced on foreign-status screws; steel metal disc fasteners; steel Foreign-Trade Zones Board, Room production equipment. nuts; steel finish nuts; steel spacer 21013, U.S. Department of Commerce, The materials/components sourced washers; steel cotters and cotter pins; 1401 Constitution Avenue NW., from abroad include: Primers; adhesive steel nuts with flat head; iron and steel Washington, DC 20230–0002, and in the acrylic; surface cleaning kits; liquid stoves; steel and iron stove parts and ‘‘Reading Room’’ section of the Board’s adhesives; spray adhesives; polyvinyl accessories—cooking chambers, surface Web site, which is accessible via chloride profiles; plastic pipes and panels, door assemblies, panels, www.trade.gov/ftz. fittings; plastic flexible hoses; plastic windows and insulation; iron and steel For further information, contact tubes; plastic hoses; plastic pipes; sheaths for air heaters; stainless steel Juanita Chen at [email protected] plastic elbow fittings; wall and ceiling sinks; cast iron centerboards; steel or (202) 482–1378. non-skid molding kits with adhesive ladders; steel flush rings; brass inserts; Dated: September 28, 2017. backing; pavement marking tape; decal threaded brass reducers; copper and Andrew McGilvray, tape rolls; velcro; acrylic vessel covers; stainless steel pin cables; copper and Executive Secretary. engine room foam (non-textile); plastic stainless steel barrel bolts; brass plumbing fittings; copper hooks; [FR Doc. 2017–21338 Filed 10–3–17; 8:45 am] straps (non-textile); lamination and edge banding (non-textile); paper reinforced aluminum tubes; aluminum pipe fittings BILLING CODE 3510–DS–P laminate; lavatories; plastic crates; and inserts; aluminum profiles for door plastic bags; plastic carboys and bottles; and window frames; aluminum door DEPARTMENT OF COMMERCE plastic waste bins; plastic dinnerware steps; aluminum fuel tanks; aluminum sets; plastic cups and serving ware; blind rivets; aluminum screens; Foreign-Trade Zones Board plastic kitchenware; plastic window aluminum plates and castings; lead screens; plastic doors; plastic container sealed in bags, used as weight; zinc [B–62–2017] doors; plastic screens; plastic and thrusters; metal drill heads; metal hand Foreign-Trade Zone (FTZ) 127—West woven fabric blinds; plastic boxes with tools; stainless steel kitchen utensils; Columbia, South Carolina; Notification lids; plastic door and cabinetry knobs; base metal locks; base metal spring of Proposed Production Activity; BGM stern tube epoxy; fiberglass reinforced bolts; iron and steel interior hinges; America, Inc.; Subzone 127C; plastic deck parts and components; brass hinges; iron and steel straps and (Sailboats, Cabin Cruiser Powerboats, plastic wrap; plastic bushings; rubber buckles; iron and steel mountings, Outboard Motor Boats); Marion, South profiles; rubber hoses with fittings; fittings, and door closers; iron and steel Carolina rubber hose harnesses; rubber non-skid handles; iron and steel doorstops, chain mats; silicone gaskets and seals; rubber door fasteners, door pulls and kick The Richland-Lexington Airport door stops; rubber noise dampening plates; iron and steel lid supports; iron District, grantee of FTZ 127, submitted components; wood moldings; hardwood and steel knobs and arms; iron and steel a notification of proposed production marine plywood with high pressure racks; iron and steel staples; marine

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propulsion engines; cable control gear applicable): Plastic and woven fabric Background boxes; iron and steel mountings for blinds; woven nylon strips; rubber Each year during the anniversary flaps; aluminum table legs; pumps; thread and cord bungee cords; synthetic month of the publication of an water pumps; air conditioner drain fiber braided cord cut to length; cotton antidumping or countervailing duty pumps; plastic pump fittings; inflator netting; twine, cordage and rope safety order, finding, or suspended pumps; blowers; parts of ducting and ladders; twine and cordage rope; nylon investigation, an interested party, as relays that are parts of a marine air woven ribbons; marine vinyl composed defined in section 771(9) of the Tariff conditioning system; refrigerators; of polyvinyl chloride, polyester and Act of 1930, as amended (the Act), may refrigerator door pivots; water purifying cotton (coated with over 70 percent request, in accordance with 19 CFR filters; oil and fuel filters for internal polyvinyl chloride); rubberized textile 351.213, that the Department of combustion engines; electric winches; adhesive tape; textile felt seals & Commerce (the Department) conduct an winches; anchors; cast iron cover plates; gaskets; synthetic fiber curtains; administrative review of that sandblast guns; controls and thrusters; synthetic fiber textile blinds; synthetic antidumping or countervailing duty rudders; pressure valves; showerhead fiber table covers; synthetic fiber textile order, finding, or suspended and hose valves; fresh water inlet wheel covers; sails of synthetic fibers; investigation. systems; bushings; pulleys; couplings; cotton dust cloths; polyester web fabric All deadlines for the submission of metal glands with rubber inserts; ship straps; nonwoven fiberglass mats; comments or actions by the Department propellers; electric motors (not woven fiberglass with fibers; fiberglass discussed below refer to the number of exceeding 37.5 W); linear actuators; in bulk; mattresses; and, cotton seat calendar days from the applicable diesel generators; converters; regulators; cushions and pillows. inverters; tilting light signals; wiper starting date. arms; microwave ovens; water heaters; Public comment is invited from Respondent Selection speakers; TV antenna splitters; remote interested parties. Submissions shall be In the event the Department limits the controls; antennas; alarms; breakers; addressed to the Board’s Executive number of respondents for individual fuses; battery breakers; insulators; relay Secretary at the address below. The examination for administrative reviews timers; switches; cable TV splitters; fuse closing period for their receipt is initiated pursuant to requests made for holders; terminals; electrical splices; November 13, 2017. the orders identified below, the electrical couplings; junction boxes; A copy of the notification will be Department intends to select motor control panels and controllers; available for public inspection at the respondents based on U.S. Customs and switch frame out-boards; cover boxes for Office of the Executive Secretary, Border Protection (CBP) data for U.S. switches; diodes; solar panels; copper Foreign-Trade Zones Board, Room imports during the period of review. We cables; coaxial cables; battery switches; 21013, U.S. Department of Commerce, intend to release the CBP data under HDMI cables; copper conductors; 1401 Constitution Avenue NW., Administrative Protective Order (APO) insulated plastic fittings; insulated Washington, DC 20230–0002, and in the to all parties having an APO within five plastic cable ducts; steering wheels; ‘‘Reading Room’’ section of the Board’s days of publication of the initiation steering chains; compasses; navigation Web site, which is accessible via notice and to make our decision instruments; stencils; gauges; remote www.trade.gov/ftz. chain meters; electrical meters; bubble regarding respondent selection within For further information, contact Diane 21 days of publication of the initiation testers; water tank gauge beam parts; Finver at [email protected] or upholstered seats and accessories; Federal Register notice. Therefore, we (202) 482–1367. sliding seat support system; wood encourage all parties interested in furniture; plastic engine panel covers; Dated: September 28, 2017. commenting on respondent selection to wood and metal furniture parts; Andrew McGilvray, submit their APO applications on the mattresses; cotton seat cushions and date of publication of the initiation Executive Secretary. notice, or as soon thereafter as possible. pillows; LED light ropes; indicator [FR Doc. 2017–21337 Filed 10–3–17; 8:45 am] lights; wall lamps; wood touch up The Department invites comments markers; crayons; pencil leads; and, BILLING CODE 3510–DS–P regarding the CBP data and respondent pastels (duty rates range from free to selection within five days of placement of the CBP data on the record of the 8.5%). DEPARTMENT OF COMMERCE The request indicates that solar panels review. In the event the Department decides are subject to antidumping/ International Trade Administration countervailing duty (AD/CVD) orders it is necessary to limit individual examination of respondents and and hardwood plywood is subject to an Antidumping or Countervailing Duty conduct respondent selection under AD/CVD investigation when imported Order, Finding, or Suspended section 777A(c)(2) of the Act: from certain countries. The FTZ Board’s Investigation; Opportunity To Request In general, the Department finds that regulations (15 CFR 400.14(e)) require Administrative Review that merchandise subject to AD/CVD determinations concerning whether particular companies should be orders, or items which would be AGENCY: Enforcement and Compliance, ‘‘collapsed’’ (i.e., treated as a single otherwise subject to suspension of International Trade Administration, entity for purposes of calculating liquidation under AD/CVD procedures Department of Commerce. if they entered U.S. customs territory, be antidumping duty rates) require a admitted to the zone in privileged FOR FURTHER INFORMATION CONTACT: substantial amount of detailed foreign status (19 CFR 146.41). Brenda E. Waters, Office of AD/CVD information and analysis, which often The applicant also indicates that the Operations, Customs Liaison Unit, require follow-up questions and following foreign-sourced materials/ Enforcement and Compliance, analysis. Accordingly, the Department components will be admitted to the International Trade Administration, will not conduct collapsing analyses at subzone in privileged foreign status, U.S. Department of Commerce, 1401 the respondent selection phase of a thereby precluding inverted tariff Constitution Avenue NW., Washington, review and will not collapse companies benefits on such items (where DC 20230, telephone: (202) 482–4735. at the respondent selection phase unless

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there has been a determination to itself. Parties should not include data that, with regard to reviews requested collapse certain companies in a for any other party, even if they believe on the basis of anniversary months on previous segment of this antidumping they should be treated as a single entity or after October 2017, the Department proceeding (i.e., investigation, with that other party. If a company was does not intend to extend the 90-day administrative review, new shipper collapsed with another company or deadline unless the requestor review or changed circumstances companies in the most recently demonstrates that an extraordinary review). For any company subject to a completed segment of a proceeding circumstance prevented it from review, if the Department determined, where the Department considered submitting a timely withdrawal request. or continued to treat, that company as collapsing that entity, complete quantity Determinations by the Department to collapsed with others, the Department and value data for that collapsed entity extend the 90-day deadline will be will assume that such companies must be submitted. made on a case-by-case basis. continue to operate in the same manner The Department is providing this and will collapse them for respondent Deadline for Withdrawal of Request for selection purposes. Otherwise, the Administrative Review notice on its Web site, as well as in its Department will not collapse companies Pursuant to 19 CFR 351.213(d)(1), a ‘‘Opportunity to Request Administrative for purposes of respondent selection. party that requests a review may Review’’ notices, so that interested Parties are requested to (a) identify withdraw that request within 90 days of parties will be aware of the manner in which companies subject to review the date of publication of the notice of which the Department intends to previously were collapsed, and (b) initiation of the requested review. The exercise its discretion in the future. provide a citation to the proceeding in regulation provides that the Department Opportunity to Request a Review: Not which they were collapsed. Further, if may extend this time if it is reasonable later than the last day of October 2017,1 companies are requested to complete a to do so. In order to provide parties interested parties may request Quantity and Value Questionnaire for additional certainty with respect to administrative review of the following purposes of respondent selection, in when the Department will exercise its orders, findings, or suspended general each company must report discretion to extend this 90-day investigations, with anniversary dates in volume and value data separately for deadline, interested parties are advised October for the following periods:

Period of review

Antidumping Duty Proceedings AUSTRALIA: Hot-Rolled Steel Flat Products, A–602–809 ...... 3/22/16–9/30/17 BRAZIL: Carbon and Certain Alloy Steel Wire Rod, A–351–832 ...... 10/1/16–9/30/17 Hot-Rolled Steel Flat Products, A–351–845 ...... 3/22/16–9/30/17 INDONESIA: Carbon and Certain Alloy Steel Wire Rod, A–560–815 ...... 10/1/16–9/30/17 ITALY: Pressure Sensitive Plastic Tape, A–475–059 ...... 10/1/16–9/30/17 JAPAN: Hot-Rolled Steel Flat Products, A–588–874 ...... 3/22/16–9/30/17 MEXICO: Carbon and Certain Alloy Steel Wire Rod, A–201–830 ...... 10/1/16–9/30/17 MOLDOVA: Carbon and Certain Alloy Steel Wire Rod, A–841–805 ...... 10/1/16–9/30/17 REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, A–580–883 ...... 3/22/16–9/30/17 THE NETHERLANDS: Hot-Rolled Steel Flat Products, A–421–813 ...... 3/22/16–9/30/17 THE PEOPLE’S REPUBLIC OF CHINA: Barium Carbonate, A–570–880 ...... 10/1/16–9/30/17 Barium Chloride, A–570–007 ...... 10/1/16–9/30/17 Boltless Steel Shelving Units Prepackaged For Sale, A–570–018 ...... 10/1/16–9/30/17 Electrolytic Manganese Dioxide, A–570–919 ...... 10/1/16–9/30/17 Helical Spring Lock Washers, A–570–822 ...... 10/1/16–9/30/17 Polyvinyl Alcohol, A–570–879 ...... 10/1/16–9/30/17 Steel Wire Garment Hangers, A–570–918 ...... 10/1/16–9/30/17 TRINIDAD AND TOBAGO: Carbon and Certain Alloy Steel Wire Rod, A–274–804 ...... 10/1/16–9/30/17 TURKEY: Hot-Rolled Steel Flat Products, A–489–826 ...... 3/22/16–9/30/17 UNITED KINGDOM: Hot-Rolled Steel Flat Products, A–412–825 ...... 3/22/16–9/30/17 Countervailing Duty Proceedings BRAZIL: Carbon and Certain Alloy Steel Wire Rod, C–351–833 ...... 1/1/16–12/31/16 Hot-Rolled Steel Flat Products, C–351–846 ...... 1/15/16–12/31/16 IRAN: Roasted In-Shell Pistachios, C–507–601 ...... 1/1/16–12/31/16 REPUBLIC OF KOREA: Hot-Rolled Steel Flat Products, C–580–884 ...... 8/12/16–12/31/16 THE PEOPLE’S REPUBLIC OF CHINA: Boltless Steel Shelving Units Prepackaged for Sale, C–570–019 ...... 1/1/16–12/31/16 Suspension Agreements RUSSIA: Uranium, A–821–802 ...... 10/1/16–9/30/16

In accordance with 19 CFR request in writing that the Secretary duty reviews, the interested party must 351.213(b), an interested party as conduct an administrative review. For specify the individual producers or defined by section 771(9) of the Act may both antidumping and countervailing exporters covered by an antidumping

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

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finding or an antidumping or Department specifically receives a withdrawal from warehouse, for countervailing duty order or suspension request for, or self-initiates, a review of consumption and to continue to collect agreement for which it is requesting a the NME entity.4 In administrative the cash deposit previously ordered. review. In addition, a domestic reviews of antidumping duty orders on For the first administrative review of interested party or an interested party merchandise from NME countries where any order, there will be no assessment described in section 771(9)(B) of the Act a review of the NME entity has not been of antidumping or countervailing duties must state why it desires the Secretary initiated, but where an individual on entries of subject merchandise to review those particular producers or exporter for which a review was entered, or withdrawn from warehouse, exporters. If the interested party intends initiated does not qualify for a separate for consumption during the relevant for the Secretary to review sales of rate, the Department will issue a final provisional-measures ‘‘gap’’ period of merchandise by an exporter (or a decision indicating that the company in the order, if such a gap period is producer if that producer also exports question is part of the NME entity. applicable to the period of review. merchandise from other suppliers) However, in that situation, because no This notice is not required by statute which was produced in more than one review of the NME entity was but is published as a service to the country of origin and each country of conducted, the NME entity’s entries international trading community. origin is subject to a separate order, then were not subject to the review and the Dated: September 28, 2017. the interested party must state rate for the NME entity is not subject to James Maeder, specifically, on an order-by-order basis, change as a result of that review which exporter(s) the request is Senior Director perfoming the duties of (although the rate for the individual Deputy Assistant Secretary for Antidumping intended to cover. exporter may change as a function of the and Countervailing Duty Operations. Note that, for any party the finding that the exporter is part of the [FR Doc. 2017–21339 Filed 10–3–17; 8:45 am] Department was unable to locate in NME entity). Following initiation of an BILLING CODE 3510–DS–P prior segments, the Department will not antidumping administrative review accept a request for an administrative when there is no review requested of the review of that party absent new NME entity, the Department will DEPARTMENT OF COMMERCE information as to the party’s location. instruct CBP to liquidate entries for all Moreover, if the interested party who exporters not named in the initiation International Trade Administration files a request for review is unable to notice, including those that were [A–570–016] locate the producer or exporter for suspended at the NME entity rate. which it requested the review, the All requests must be filed Certain Passenger Vehicle and Light interested party must provide an electronically in Enforcement and Truck Tires From the People’s explanation of the attempts it made to Compliance’s Antidumping and Republic of China: Notice of Court locate the producer or exporter at the Countervailing Duty Centralized Decision Not in Harmony With the same time it files its request for review, Electronic Service System (ACCESS) on Amended Final Determination of the in order for the Secretary to determine Enforcement and Compliance’s ACCESS Antidumping Duty Investigation and if the interested party’s attempts were 5 Web site at http://access.trade.gov. Notice of Second Amended Final reasonable, pursuant to 19 CFR Further, in accordance with 19 CFR Determination 351.303(f)(3)(ii). 351.303(f)(l)(i), a copy of each request As explained in Antidumping and must be served on the petitioner and AGENCY: Enforcement and Compliance, Countervailing Duty Proceedings: each exporter or producer specified in International Trade Administration, Assessment of Antidumping Duties, 68 the request. Department of Commerce. FR 23954 (May 6, 2003), and Non- The Department will publish in the SUMMARY: On September 25, 2017, the Market Economy Antidumping Federal Register a notice of ‘‘Initiation United States Court of International Proceedings: Assessment of of Administrative Review of Trade (CIT or the Court) entered a final Antidumping Duties, 76 FR 65694 Antidumping or Countervailing Duty judgment sustaining the Department of (October 24, 2011), the Department Order, Finding, or Suspended Commerce’s (Department) results of clarified its practice with respect to the Investigation’’ for requests received by remand redetermination concerning the collection of final antidumping duties the last day of October 2017. If the antidumping duty (AD) investigation of on imports of merchandise where Department does not receive, by the last certain passenger vehicle and light truck intermediate firms are involved. The day of October 2017, a request for tires (passenger tires) from the People’s public should be aware of this review of entries covered by an order, Republic of China (PRC). The clarification in determining whether to finding, or suspended investigation Department is notifying the public that request an administrative review of listed in this notice and for the period the Court’s final judgment in this case merchandise subject to antidumping identified above, the Department will is not in harmony with the Department’s findings and orders.2 instruct CBP to assess antidumping or amended final determination, and is The Department no longer considers countervailing duties on those entries at therefore amending that determination the non-market economy (NME) entity a rate equal to the cash deposit of (or with respect to the cash deposit rate for as an exporter conditionally subject to bond for) estimated antidumping or Cooper Tire & Rubber Company, Cooper an antidumping duty administrative countervailing duties required on those (Kunshan) Tire Co., Ltd., and Cooper 3 reviews. Accordingly, the NME entity entries at the time of entry, or Chengshan (Shandong) Tire Co., Ltd. will not be under review unless the (collectively, Cooper), exporters and 4 In accordance with 19 CFR 351.213(b)(1), parties producers of subject merchandise. 2 See also the Enforcement and Compliance Web should specify that they are requesting a review of site at http://trade.gov/enforcement/. entries from exporters comprising the entity, and to DATES: Applicable: October 5, 2017. 3 See Antidumping Proceedings: Announcement the extent possible, include the names of such FOR FURTHER INFORMATION CONTACT: Toni of Change in Department Practice for Respondent exporters in their request. Page, AD/CVD Operations, Office VII, Selection in Antidumping Duty Proceedings and 5 See Antidumping and Countervailing Duty Conditional Review of the Nonmarket Economy Proceedings: Electronic Filing Procedures; Enforcement and Compliance, Entity in NME Antidumping Duty Proceedings, 78 Administrative Protective Order Procedures, 76 FR International Trade Administration, FR 65963 (November 4, 2013). 39263 (July 6, 2011). U.S. Department of Commerce, 1401

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Constitution Avenue NW, Washington, On April 13, 2017, the Department States Court of Appeals for the Federal DC 20230; telephone: (202) 482–1398. issued its Results of Redetermination,5 Circuit (CAFC) held that, pursuant to SUPPLEMENTARY INFORMATION: recalculating Cooper’s AD cash deposit sections 516A(c) and (e) of the Tariff Act rate by adjusting its weighted-average of 1930, as amended (the Act), the Background dumping margin downward using the Department must publish a notice of a On June 18, 2015, the Department export subsidy rate of 13.53 percent. court decision that is not ‘‘in harmony’’ published its final determination in the This export subsidy rate reflects the with a Department determination and AD investigation of passenger tires from weighted average of the export subsidies must suspend liquidation of entries the PRC.1 On August 10, 2015, the received by the mandatory respondents pending a ‘‘conclusive’’ court decision. Department published an amended final in the CVD investigation and made The CIT’s September 25, 2017, judgment determination and the AD order.2 As applicable to the remaining non- sustaining the Department’s decision in part of the Department’s amended final mandatory separate rate respondents in the Results of Redetermination to re- the AD investigation. As a result of this determination, the Department assigned calculate the cash deposit rate for adjustment, Cooper’s recalculated AD a cash deposit rate of 11.12 percent to Cooper from 11.12 percent to 8.72 cash deposit rate is 8.72 percent. The Cooper, which reflected an adjustment percent, constitutes a final decision of Department informed the Court that it for export subsidies and estimated the court that is not in harmony with intended to place this redetermined domestic subsidy pass-through from the the Amended Final Determination. This cash deposit rate into effect by means of companion countervailing duty (CVD) notice is published in fulfillment of the instructions issued to U.S. Customs and investigation of passenger tires from the publication requirements of Timken. Border Protection (CBP), with an PRC.3 effective date as of the tenth day from Second Amended Final Determination On March 29, 2017, the Court the date on which the Court issues a remanded this case to the Department. final judgment sustaining the results of Because there is now a final court Specifically, the Court directed the redetermination. decision, the Department is amending Department on remand to determine On September 25, 2017, the Court the Amended AD Final Determination Cooper’s AD cash deposit rate on the sustained the Department’s Results of with respect to the cash deposit rate same basis as all other separate rate Redetermination in full.6 calculated for the Cooper entities. Based respondents and to inform the Court of on the Results of Redetermination, as the date by which the redetermined Timken Notice affirmed by the CIT in the Cooper cash deposit rate would be put into In its decision in Timken,7 as clarified Remand, the revised cash deposit rate effect.4 by Diamond Sawblades,8 the United for the Cooper companies are as follows:

Cash deposit rate Exporter/producer (percent)

Cooper Tire & Rubber Company/Cooper Chengshan (Shandong) Tire Co., Ltd ...... 8.72 Cooper Tire & Rubber Company/Cooper (Kunshan) Tire Co., Ltd ...... 8.72 Cooper Chengshan (Shandong) Tire Co., Ltd./Cooper Chengshan (Shandong) Tire Co., Ltd ...... 8.72 Cooper (Kunshan) Tire Co., Ltd./Cooper (Kunshan) Tire Co., Ltd ...... 8.72

Cash Deposit Requirements from the People’s Republic of China Dated: September 28, 2017. exported and produced by the above- Carole Showers, Since the Amended AD Final listed companies entered on or after Determination, the Department has not Executive Director, Office of Policy August 6, 2015 and through and performing the duties of the Deputy Assistant established a new cash deposit rate for including the date of publication in the Secretary for Enforcement and Compliance. the above-listed companies. As a result, Federal Register of this notice. [FR Doc. 2017–21343 Filed 10–3–17; 8:45 am] in accordance with section 735(c)(1)(B) of the Act, the Department will instruct Notification to Interested Parties BILLING CODE 3510–DS–P CBP to collect a cash deposit of 8.72 percent for entries of subject This notice is issued and published in merchandise exported and produced by accordance with sections 516A(e)(1), the above listed companies, effective 735(d), and 777(i)(1) of the Act. October 5, 2017. Pursuant to the Court’s final judgment and order, the Department will instruct CBP to issue a refund of cash deposits in the amount of 2.4 percent on entries of certain passenger vehicle and light truck tires

1 See Antidumping Duty Investigation of Certain Amended Final Affirmative Countervailing Duty April 13, 2017, available at: http://ia.ita.doc.gov/ Passenger Vehicle and Light Truck Tires from the Determination and Countervailing Duty Order, 80 remands/17-32.pdf (Results of Remand People’s Republic of China: Final Determination of FR 47902 (August 10, 2015) (First Amended AD Redetermination). Sales at Less Than Fair Value and Final Affirmative Final Determination). 6 See Cooper Tire & Rubber Company, et al., v. Determination of Critical Circumstances, In Part, 80 3 See Amended AD Final Determination, 80 FR at United States, Court No. 15–00251, Slip. Op. 17– FR 34893 (June 18, 2015), and accompanying Issues and Decision Memorandum (IDM) (AD Final 47904. 130 (September 25, 2017). Determination). 4 See Cooper Tire & Rubber Company, et al., v. 7 See Timken Co. v. United States, 893 F.2d 337 2 See Certain Passenger Vehicle and Light Truck United States, Court No. 15–00251, Slip Op. 17–32 (Fed. Cir. 1990) (Timken). Tires from the People’s Republic of China: (March 29, 2017) (Remand Order). 8 See Diamond Sawblades Mfrs. Coalition v. Amended Final Affirmative Antidumping Duty 5 See Results of Remand Redetermination United States, 626 F.3d 1374 (Fed. Cir. 2010) Determination and Antidumping Duty Order; and Pursuant to Remand, Court No. 15–00251, dated (Diamond Sawblades).

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DEPARTMENT OF COMMERCE of Institution of Five-Year Reviews Year (‘‘Sunset’’) Reviews of which covers the same order(s). Antidumping and Countervailing Duty International Trade Administration DATES: Applicable October 1, 2017. Orders, 63 FR 13516 (March 20, 1998) FOR FURTHER INFORMATION CONTACT: The and 70 FR 62061 (October 28, 2005). Initiation of Five-Year (Sunset) Department official identified in the Guidance on methodological or Reviews ‘‘Initiation of Review’’ section below at analytical issues relevant to the AD/CVD Operations, Enforcement and Department’s conduct of Sunset AGENCY: Enforcement and Compliance, Compliance, International Trade Reviews is set forth in Antidumping International Trade Administration, Administration, U.S. Department of Proceedings: Calculation of the Department of Commerce. Commerce, 1401 Constitution Avenue Weighted-Average Dumping Margin and Assessment Rate in Certain SUMMARY: In accordance with the Tariff NW., Washington, DC 20230. For Antidumping Duty Proceedings; Final Act of 1930, as amended (the Act), the information from the Commission Modification, 77 FR 8101 (February 14, Department of Commerce (the contact Mary Messer, Office of 2012). Department) is automatically initiating Investigations, U.S. International Trade the five-year reviews (Sunset Reviews) Commission at (202) 205–3193. Initiation of Review of the antidumping and countervailing SUPPLEMENTARY INFORMATION: In accordance with section 751(c) of duty (AD/CVD) order(s) listed below. Background the Act and 19 CFR 351.218(c), we are The International Trade Commission The Department’s procedures for the initiating Sunset Reviews of the (the Commission) is publishing conduct of Sunset Reviews are set forth following antidumping and concurrently with this notice its notice in its Procedures for Conducting Five- countervailing duty order(s):

DOC ITC Case No. Case No. Country Product Department contact

A–570–828 ...... 731–TA–672 PRC ...... Silicomanganese (4th Review) ...... Robert James (202) 482–0649. A–823–805 ...... 731–TA–673 Ukraine ...... Silicomanganese (4th Review) ...... Robert James (202) 482–0649.

Filing Information formats for the revised certifications are Letters of Appearance and As a courtesy, we are making provided at the end of the Final Rule. Administrative Protective Orders information related to sunset The Department intends to reject factual Pursuant to 19 CFR 351.103(d), the proceedings, including copies of the submissions if the submitting party does Department will maintain and make pertinent statute and Department’s not comply with the revised available a public service list for these regulations, the Department’s schedule certification requirements. proceedings. Parties wishing to for Sunset Reviews, a listing of past On April 10, 2013, the Department participate in any of these five-year revocations and continuations, and modified two regulations related to AD/ reviews must file letters of appearance current service lists, available to the CVD proceedings: The definition of as discussed at 19 CFR 351.103(d)). To public on the Department’s Web site at factual information (19 CFR facilitate the timely preparation of the the following address: http:// 351.102(b)(21)), and the time limits for public service list, it is requested that enforcement.trade.gov/sunset/. All the submission of factual information those seeking recognition as interested submissions in these Sunset Reviews 4 parties to a proceeding submit an entry must be filed in accordance with the (19 CFR 351.301). Parties are advised to review the final rule, available at http:// of appearance within 10 days of the Department’s regulations regarding publication of the Notice of Initiation. format, translation, and service of enforcement.trade.gov/frn/2013/ 1304frn/2013-08227.txt, prior to Because deadlines in Sunset Reviews documents. These rules, including can be very short, we urge interested electronic filing requirements via submitting factual information in these segments. To the extent that other parties who want access to proprietary Enforcement and Compliance’s information under administrative regulations govern the submission of Antidumping and Countervailing Duty protective order (APO) to file an APO factual information in a segment (such Centralized Electronic Service System application immediately following (ACCESS), can be found at 19 CFR as 19 CFR 351.218), these time limits 1 publication in the Federal Register of 351.303. will continue to be applied. Parties are this notice of initiation. The This notice serves as a reminder that also advised to review the final rule Department’s regulations on submission any party submitting factual information concerning the extension of time limits of proprietary information and in an AD/CVD proceeding must certify for submissions in AD/CVD eligibility to receive access to business to the accuracy and completeness of that proceedings, available at http:// proprietary information under APO can information.2 Parties are hereby enforcement.trade.gov/frn/2013/ be found at 19 CFR 351.304–306. reminded that revised certification 1309frn/2013-22853.txt, prior to requirements are in effect for company/ submitting factual information in these Information Required From Interested government officials as well as their segments.5 Parties representatives in these segments.3 The Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), 1 See also Antidumping and Countervailing Duty 17, 2013) (Final Rule) (amending 19 CFR Proceedings: Electronic Filing Procedures; 351.303(g)). and (G) of the Act and 19 CFR Administrative Protective Order Procedures, 76 FR 4 See Definition of Factual Information and Time 351.102(b), wishing to participate in a 39263 (July 6, 2011). Sunset Review must respond not later 2 Limits for Submission of Factual Information: Final See section 782(b) of the Act. than 15 days after the date of 3 See Certification of Factual Information To Rule, 78 FR 21246 (April 10, 2013). Import Administration During Antidumping and 5 See Extension of Time Limits, 78 FR 57790 publication in the Federal Register of Countervailing Duty Proceedings, 78 FR 42678 (July (September 20, 2013). this notice of initiation by filing a notice

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of intent to participate. The required review (CCR) of the antidumping duty expedited changed circumstances contents of the notice of intent to order on carbon and certain alloy steel review.5 participate are set forth at 19 CFR wire rod (wire rod) from Mexico to Scope of the Order 351.218(d)(1)(ii). In accordance with the determine whether ArcelorMittal Department’s regulations, if we do not Mexico, S.A. de C.V. (AMM) is the The merchandise covered by the receive a notice of intent to participate successor-in-interest to ArcelorMittal Order is carbon and certain alloy steel from at least one domestic interested Las Truchas, S.A. de C.V. (AMLT). wire rod. The product is currently party by the 15-day deadline, the Based on the information on the record, classified under the Harmonized Tariff Department will automatically revoke we preliminarily determine that AMM Schedule of the United States (HTSUS) the order without further review.6 is the successor-in-interest to AMLT. item numbers 7213.91.3000, If we receive an order-specific notice Interested parties are invited to 7213.91.3010, 7213.91.3011, of intent to participate from a domestic comment on these preliminary results. 7213.91.3015, 7213.91.3020, interested party, the Department’s 7213.91.3090, 7213.91.3091, regulations provide that all parties DATES: Applicable October 4, 2017. 7213.91.3092, 7213.91.3093, 7213.91.4500, 7213.91.4510, wishing to participate in a Sunset FOR FURTHER INFORMATION CONTACT: 7213.91.4590, 7213.91.6000, Review must file complete substantive Keith Haynes, AD/CVD Operations, 7213.91.6010, 7213.91.6090, responses not later than 30 days after Office III, Enforcement and Compliance, 7213.99.0030, 7213.99.0031, the date of publication in the Federal International Trade Administration, 7213.99.0038, 7213.99.0090, Register of this notice of initiation. The U.S. Department of Commerce, 1401 7227.20.0000, 7227.20.0010, required contents of a substantive Constitution Avenue NW., Washington, 7227.20.0020, 7227.20.0030, response, on an order-specific basis, are DC 20230; telephone: (202) 482–5139. set forth at 19 CFR 351.218(d)(3). Note 7227.20.0080, 7227.20.0090, that certain information requirements SUPPLEMENTARY INFORMATION: 7227.20.0095, 7227.90.6010, 7227.90.6020, 7227.90.6030, differ for respondent and domestic Background parties. Also, note that the Department’s 7227.90.6035, 7227.90.6050, information requirements are distinct On October 29, 2002, the Department 7227.90.6051, 7227.90.6053, from the Commission’s information published in the Federal Register the 7227.90.6058, 7227.90.6059, requirements. Consult the Department’s antidumping duty order on wire rod 7227.90.6080, and 7227.90.6085 of the regulations for information regarding from Mexico.1 On May 19, 2016, the HTSUS. Although the HTSUS numbers the Department’s conduct of Sunset Department published its final results of are provided for convenience and Reviews. Consult the Department’s the 2013–2014 administrative review of customs purposes, the written product 6 regulations at 19 CFR part 351 for the Order, in which it assigned AMLT description remains dispositive. definitions of terms and for other a 2.59 percent dumping margin.2 On Initiation of Changed Circumstances general information concerning August 15, 2017, AMM, a foreign Review antidumping and countervailing duty producer of the subject merchandise, Pursuant to section 751(b)(1) of the proceedings at the Department. requested that the Department initiate Tariff Act of 1930, as amended (the Act), This notice of initiation is being and conduct a changed circumstance and the Department’s regulations (19 published in accordance with section review to determine that AMM is the CFR 351.216 and 351.221(c)(3)), the 751(c) of the Act and 19 CFR 351.218(c). successor-in-interest to AMLT for the Department will conduct a changed purposes of the Order.3 On September Dated: September 28, 2017. circumstances review upon receipt of 12, 2017, AMM filed a letter stating it James Maeder, information concerning, or a request conferred with counsel for interested Senior Director, perfoming the duties of from an interested party for a review of, parties to this proceeding, specifically, Deputy Assistant Secretary for Antidumping an order which shows changed counsel for Nucor Corporation, counsel and Countervailing Duty Operations. circumstances sufficient to warrant a for Gerdau Ameristeel USA, Charter [FR Doc. 2017–21340 Filed 10–3–17; 8:45 am] review of the order. Generally, in the Steel, and Keystone Steel, and counsel BILLING CODE 3510–DS–P past, the Department has used CCRs to for Deacero S.A.P.I. de C.V. and Deacero address the applicability of cash deposit USA (a group which included domestic rates after there have been changes in interested parties/petitioners to the DEPARTMENT OF COMMERCE the name or structure of a respondent, Order), at which time they stated they such as a merger or spinoff (i.e., would not oppose the August 15, 2017, International Trade Administration successor-in-interest, or successorship request.4 AMM further requested that determinations).7 [A–201–830] the Department initiate and conduct an Initiation and Preliminary Results of 5 Id. Changed Circumstances Review: 1 See Notice of Antidumping Duty Orders: Carbon 6 For a complete description of the scope of the and Certain Alloy Steel Wire Rod from Brazil, Antidumping Duty Order on Carbon order, see Memorandum from James Maeder, Senior Indonesia, Mexico, Moldova, Trinidad and Tobago, Director performing the duties of Deputy Assistant and Certain Alloy Steel Wire Rod From and Ukraine, 67 FR 65945 (October 29, 2002) Secretary for Antidumping and Countervailing Duty Mexico (Order). Operations, to Carole Showers, Executive Director, 2 See Carbon and Certain Alloy Steel Wire Rod Office of Policy, performing the duties of the AGENCY: Enforcement and Compliance, From Mexico: Final Results of Antidumping Duty Deputy Assistant Secretary for Enforcement and International Trade Administration, Administrative Review, 81 FR 31592 (May 19, Compliance, ‘‘Carbon and Certain Alloy Steel Wire Department of Commerce. 2016). Rod from Mexico Preliminary Decision 3 See letter from AMM, ‘‘Carbon and Certain Memorandum of Changed Circumstances Review,’’ SUMMARY: The Department of Commerce Alloy Steel Wire Rod from Mexico: Request for dated concurrently with, and hereby adopted by, (Department) is simultaneously Changed Circumstances Review,’’ dated August 15, these preliminary results (Preliminary Decision initiating and issuing the preliminary 2017 (CCR Request). Memorandum). 4 See letter from AMM, ‘‘Carbon and Certain 7 See, e.g., Crystalline Silicon Photovoltaic Cells, results of a changed circumstances Alloy Steel Wire Rod from Mexico: Supplement to Whether or Not Assembled Into Modules, from the Request for Changed Circumstances Review,’’ dated People’s Republic of China: Final Results of 6 See 19 CFR 351.218(d)(1)(iii). September 12, 2017 (CCR Supplement). Changed Circumstances Review, 81 FR 91909

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Specifically, AMM states that as of several of these factors will necessarily date of publication of this notice.22 May 2, 2017, AMLT, which received its provide a dispositive indication of Parties who submit case briefs or own cash deposit rate as a mandatory succession, the Department will rebuttal briefs in this changed respondent in the most recently generally consider one company to be circumstances review are requested to completed administrative review of the the successor to another company if its submit with each argument: (1) A Order, entered into a purchase and sale resulting operation is essentially the statement of the issue; and (2) a brief agreement (Agreement) with AMM, same as that of its predecessor.14 Thus, summary of the argument with an under which nearly all AMLT’s assets if the evidence demonstrates that, with electronic version included.23 and commercial relationships were sold respect to the production and sale of the Any interested party may request a to AMM.8 Thus, consistent with subject merchandise, the new company hearing within 30 days of publication of Department practice, we find the operates as the same business entity as this notice.24 Hearing requests should information submitted by AMM the prior company, the Department will contain the following information: (1) demonstrates changed circumstances assign the new company the cash The party’s name, address, and 9 sufficient to warrant a review. deposit rate of its predecessor.15 telephone number; (2) the number of Therefore, in accordance with section In its CCR Request, AMM provided participants; and (3) a list of the issues 751(b)(1) of the Act and 19 CFR evidence demonstrating that its to be discussed. Oral presentations at 351.216(d), the Department is initiating operations are not materially dissimilar the hearing will be limited to issues a changed circumstances review to from those of its predecessor, AMLT.16 raised in the briefs. If a request for a determine whether AMM is the Specifically, AMM and AMLT are both hearing is made, parties will be notified successor-in-interest to AMLT. owned by the same parent company, of the time and date for the hearing to Preliminary Results and the record shows that the same be held at the U.S. Department of When it concludes that expedited employees and management control the Commerce, 1401 Constitution Avenue company both before and after the NW., Washington, DC 20230 in a room action is warranted, the Department 17 25 may publish the notice of initiation and acquisition. Further, AMM to be determined. preliminary results of a CCR in a single demonstrates that it simply integrated All submissions, with limited notice.10 The Department has combined AMLT’s long steel products production exceptions, must be filed electronically the notice of initiation and preliminary facilities into its company’s assets and using Enforcement and Compliance’s results in successor-in-interest cases has not made any material changes to Antidumping and Countervailing Duty 18 when sufficient documentation has been the production processes. Finally, the Centralized Electronic Service System provided supporting the request to make record confirms that there have not been (ACCESS). An electronically filed a preliminary determination.11 In this any material changes to the company’s document must be received successfully 19 20 instance, because the record contains suppliers, nor to the customer base, in its entirety by 5 p.m. Eastern Time information necessary to support the as a result of the merger. Based on the (ET) on the due date. Documents request for a preliminary determination, foregoing findings, which are explained excepted from the electronic submission we find that expedited action is in greater detail in the Preliminary requirements must be filed manually warranted, and we are combining the Decision Memorandum, the Department (i.e., in paper form) with the APO/ notice of initiation and the notice of preliminarily determines that AMM is Dockets Unit in Room 18022 and preliminary results, in accordance with the successor-in-interest to AMLT and, stamped with the date and time of 19 CFR 351.221(c)(3)(ii). as such, it is entitled to AMLT’s AD receipt by 5 p.m. ET on the due date.26 In a CCR, we generally consider a cash deposit rate with respect to entries Unless extended, consistent with 19 company to be the successor to another of subject merchandise. Should our final CFR 351.216(e), we intend to issue the company for antidumping (AD) cash results remain the same as these final results of this changed- deposit purposes if the operations of the preliminary results, we will instruct circumstances review no later than 270 successor are not materially dissimilar U.S. Customs and Border Protection to days after the date on which this review from those of its predecessor.12 In suspend liquidation of entries of wire was initiated or within 45 days if all making this determination, the rod products produced and/or exported parties agree to the outcome of the Department examines a number of by AMM at the AD cash-deposit rate review. We intend to issue and publish factors including, but not limited to, applicable to AMLT, effective the date this initiation and preliminary results changes in: (1) Management; (2) of publication of the final results. notice in accordance with sections production facilities; (3) suppliers; and 751(b)(1) and 777(i)(1) of the Act and 19 13 Public Comment (4) customer base. While no one or CFR 351.216 and 351.221(c)(3) of the Interested parties may submit case Department’s regulations. (December 19, 2016) (Solar Cells PRC 2016 CCR briefs not later than 30 days after the Final). date of publication of this notice.21 Dated: September 28, 2017. 8 See CCR Request at 2. Carole Showers, 9 Rebuttal briefs, which must be limited See 19 CFR 351.216(d). Executive Director, Office of Policy 10 to issues raised in such briefs, may be See 19 CFR 351.221(c)(3)(ii). performing the duties of the Deputy Assistant 11 filed not later than seven days after the See, e.g., Initiation and Preliminary Results of Secretary for Enforcement and Compliance. Antidumping Duty Changed Circumstances Review: [FR Doc. 2017–21341 Filed 10–3–17; 8:45 am] Crystalline Silicon Photovoltaic Cells, Whether or of Changed Circumstances Review, 79 FR 58740 Not Assembled Into Modules, from the People’s (September 30, 2014). BILLING CODE 3510–DS–P Republic of China, 81 FR 76561 (November 3, 14 Id. 2016), unchanged in Solar Cells PRC 2016 CCR 15 See Solar Cells PRC 2016 CCR Final, 81 FR at 22 Final. See 19 CFR 351.309(d)(1) and (2). 91910. 12 Id. 23 See 19 CFR 351.309(c)(2) and (d)(2). 16 See generally CCR Request. 13 See Initiation and Preliminary Results of 24 See 19 CFR 351.310(c). 17 Id. at 4–5 and Exhibits B and C. Antidumping Duty Changed Circumstances Review: 25 See 19 CFR 351.310(d). 18 Multilayered Wood Flooring from the People’s Id. at 6–7 and Exhibit A. 26 See Antidumping and Countervailing Duty Republic of China, 79 FR 48117, 48118 (August 15, 19 Id. at 7–8 and Exhibit A. Proceedings: Electronic Filing Procedures: 2014), unchanged in Multilayered Wood Flooring 20 Id. at 8–9. Administrative Protective Order Procedures, 76 FR from the People’s Republic of China: Final Results 21 See 19 CFR 321.309(c)(1)(ii). 39263 (July 6, 2011).

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DEPARTMENT OF COMMERCE representative. Interested parties data required by all participating without an assigned client Federal agencies. National Oceanic and Atmospheric representative should submit an email III. PGA Data Elements Administration to John Handy at [email protected] At this time, ACE is prepared to RIN 0648–XF695 with the subject heading ‘‘NMFS SIMP FRN—Request to Participate’’. accept certain PGA data elements for International Trade Data System Test FOR FURTHER INFORMATION CONTACT: For NMFS regulated fish imports included Concerning the Electronic Submission technical questions related to the in the test. The PGA data elements of Certain Data Required for the Automated Commercial Environment comprising the test are generally related Seafood Import Monitoring Program (ACE) transmissions, contact your to harvest and landing of seafood, assigned client representative. additional information on the Seafood AGENCY: National Marine Fisheries Interested parties without an assigned Import Monitoring Program is available Service (NMFS), National Oceanic and client representative should direct their at http://www.iuufishing.noaa.gov/. Atmospheric Administration (NOAA), questions to John Handy at IV. The National Marine Fisheries Commerce. [email protected]. For PGA Service Test ACTION: Notice; request for comments. reporting related questions, contact Emi This ITDS test is in furtherance of key Wallace (CBP) at emi.r.wallace@ SUMMARY: NMFS announces, in CBP ITDS initiatives as provided in the cbp.dhs.gov and for NMFS program consultation with U.S. Customs and SAFE Port Act of 2006. Under this test, related questions, contact Dale Jones Border Protection (CBP), a test of the NMFS required data will be transmitted (NMFS) at [email protected]. International Trade Data System (ITDS) electronically through ACE for any involving the electronic submission of SUPPLEMENTARY INFORMATION: merchandise or combination thereof data, related to importation of fish Background covered by any of these programs. products regulated by NMFS under the For approved participants, the test I. The Automated Commercial Seafood Import Monitoring Program may include all modes of transport and Environment (SIMP), using the import Partner all commodities regulated under the Government Agency (PGA) data set via ACE is an automated and electronic Seafood Import Monitoring Program. the Automated Commercial system for commercial trade processing, The import entry filing process for Environment (ACE) Secure Data Portal. which is intended to streamline NMFS will require the submission of CBP and NMFS have developed a plan business processes, facilitate growth in specifically designated data/information to test and assess the electronic trade, ensure cargo security, and foster at the time of filing entry with CBP. The transmission of harvest and traceability participation in global commerce, while transmission of the required data for data for fish imports of the Harmonized ensuring compliance with U.S. laws and NMFS will be utilized to collect the Tariff Schedule (HTS) codes covered by regulations and reducing costs for CBP specified information that is required by the SIMP. and all of its communities of interest. NMFS. The data will be transmitted in The test will involve using the above The ability to meet these objectives ACE, using the Automated Broker referenced methods to transmit the data depends on successfully modernizing Interface (ABI) at the time of filing an required for processing imports of CBP’s business functions and the entry to CBP and it will accompany products specified in the SIMP. Under information technology that supports other required import data. this test, data may be submitted for the those functions. Examples of the kind of data that will covered fish products imported in any CBP’s modernization efforts are be transmitted as part of this test are: operational port. SIMP does not require accomplished through phased releases The International Fisheries Trade or allow for submission of forms of ACE component functionality Permit number, 3-alpha species codes, through the Document Imaging System designed to replace a specific function and fishing area. For information (DIS). All ports are operational for the of the legacy Automated Commercial regarding fish products regulated by test. System (ACS) function. Each release NMFS and data, information, forms and will begin with a test and will end with documents required by NMFS, see the DATES: The test will commence after October 1, 2017, and will continue until mandatory use of the new ACE feature, implementation guidelines for the concluded by publication of a notice in thus retiring the legacy ACS function. NMFS at: https://www.cbp.gov/ the Federal Register ending the test. Each release builds on previous releases document/guidance/nmfs-simp- Comments on the submission and and sets the foundation for subsequent message-set. releases. processing of import data will be V. Test Participation Criteria and accepted throughout the duration of the II. International Trade Data System Participation Procedure test. On January 1, 2018 electronic This test is in furtherance of the ITDS, Any party seeking to participate in submission of data under Seafood which is statutorily authorized by this test must provide CBP, in their Import Monitoring Program will be section 405 of the Security and request to participate, their ABI filer mandatory. Accountability for Every (SAFE) Port code and the port(s) at which they are ADDRESSES: To submit comments Act of 2006, Public Law 109–347. The interested in filing the appropriate PGA concerning this test program, send an purpose of ITDS, as defined by section data set. Requests to participate in this email to Josephine Baiamonte 4 of the SAFE Port Act of 2006, is to test will be accepted throughout the ([email protected]), eliminate redundant information filing duration of the test. To be eligible to Director, Business Transformation, requirements, efficiently regulate the apply for this test, the applicant must be Trade Transformation Office (ABO), flow of commerce, and effectively a self-filing importer who has the ability Office of Trade. In the subject line of an enforce laws and regulations relating to to file import entries or a broker who email, please use, ‘‘Comment on NMFS international trade, by establishing a has the ability to file import entries; and SIMP Test FRN’’. single portal system, operated by CBP, the applicant files or intends to file Any party seeking to participate in for the collection and distribution of entries for NMFS commodities that are this test should contact their client standard electronic import and export the subject of this test. All test

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participants are required to use a inventory should be directed to Kathryn The Regents of the University of software program that has completed Rison, Contracting Officer, at 202–418– California, a corporation of the State of ACE certification testing for import data. 5419 or [email protected]. California, having a place of business at At this time, data submissions may be SUPPLEMENTARY INFORMATION: In 1111 Franklin Street, 5th Floor, submitted for imports filed at any CBP accordance with section 743 of division Oakland, CA 94607–5200. port. Test participants should contact C of the Consolidated Appropriations DATES: Written objections must be filed their client representative regarding Act of 2010, Public Law 111–117, 123 no later than fifteen (15) calendar days import filings eligible for the test (see Stat. 3034, CFTC is publishing this ADDRESSES). notice to advise the public of the after the date of publication of this Notice. VII. Anticipated Process Changes availability of the Fiscal Year (‘‘FY’’) 2016 Service Contract Inventory. CFTC A final rule establishing the Seafood ADDRESSES: Submit written objections to has posted its inventory documents on the Air Force Materiel Command Law Import Monitoring Program (SIMP)— the agency Web site at the following was effective on January 9, 2017, and Office, AFMCLO/JAZ, 2240 B Street, link: http://www.cftc.gov/About/ Room 260, Wright-Patterson AFB, OH has a compliance date of January 1, CFTCReports/index.htm. 45433–7109; Facsimile: (937) 255–3733; 2018 (81 FR 88975; December 9, 2016). This inventory provides information or Email: [email protected]. This test covers communication and on service contracts above the coordination among the agencies and Simplified Acquisition Threshold Include Docket No. A60–170213A–JA in the filers for the importation of these ($150,000), as determined by the base the subject line of the message. fisheries products. The agencies will and all options value, that were FOR FURTHER INFORMATION CONTACT: Air also be testing new operational awarded in FY 2016. CFTC’s service Force Materiel Command Law Office, processes in real time with actual ACE contract inventory data is included in AFMCLO/JAZ, 2240 B Street, Rm 260, filings in the production environment the government-wide inventory, which Wright-Patterson AFB, OH 45433–7109; that include test messages to can be filtered to display the CFTC- communicate errors in filing and release Facsimile: (937) 255–3733; Email: specific data. A link to the government- [email protected]. status updates to the port and to the wide inventory is included in the filer. posting on the CFTC Web site, or it can SUPPLEMENTARY INFORMATION: The VI. Confidentiality be accessed directly at https:// Department of the Air Force intends to www.acquisition.gov/service-contract- grant the exclusive patent license All data submitted and entered into inventory. agreement for the invention described ACE is subject to the Trade Secrets Act The inventory documents posted on in: (18 U.S.C. 1905) and is considered the CFTC Web site also include the —U.S. Provisional Patent Application confidential, except to the extent as following: otherwise provided by law. As stated in • CFTC FY 2016 Service Contract Serial No. 62/445,551, filed January previous notices, participation in this or Inventory Planned Analysis (February 12, 2017, and entitled any of the previous ACE tests is not 2017): This report provides information ENDOVASCULAR PERFUSION confidential and upon a written about the Product Service Codes AUGMENTATION FOR CRITICAL Freedom of Information Act (FOIA) (‘‘PSC’’) that CFTC plans to analyze CARE; and request, a name(s) of an approved from the 2016 inventory. —U.S. Provisional Patent Application participant(s) will be disclosed by CBP • CFTC FY 2015 Service Contract Serial No. 62/488,625, filed April 21, in accordance with 5 U.S.C. 552. Inventory Analysis (February 2017): 2017, and entitled FLOW RATE Dated: September 29, 2017. This report provides information about CONTROL DEVICE FOR VARIABLE Steven Wilson, the PSCs that CFTC analyzed from the INTRA-AORTIC OCCLUSION. Acting Director, Office for International 2015 inventory. Authority: 35 U.S.C. 209; 37 CFR 404. Affairs and Seafood Inspection, National Dated: September 29, 2017. Marine Fisheries Service. Christopher J. Kirkpatrick, The Department of the Air Force may [FR Doc. 2017–21330 Filed 10–3–17; 8:45 am] Secretary of the Commission. grant the prospective license unless a BILLING CODE 3510–22–P [FR Doc. 2017–21334 Filed 10–3–17; 8:45 am] timely objection is received that BILLING CODE 6351–01–P sufficiently shows the grant of the license would be inconsistent with the COMMODITY FUTURES TRADING Bayh-Dole Act or implementing COMMISSION DEPARTMENT OF DEFENSE regulations. A competing application for Public Availability of Fiscal Year 2016 a patent license agreement, completed Service Contract Inventory Department of the Air Force in compliance with 37 CFR 404.8 and received by the Air Force within the AGENCY: Commodity Futures Trading Notice of Intent To Grant an Exclusive period for timely objections, will be Commission. Patent License treated as an objection and may be ACTION: Notice of availability. AGENCY: Air Force Materiel Command, considered as an alternative to the Department of the Air Force, proposed license. SUMMARY: The Commodity Futures Department of Defense. Trading Commission (‘‘CFTC’’) is Henry Williams, publishing this notice to advise the ACTION: Notice of intent. Acting Air Force Federal Register Liaison Officer. public of the availability of CFTC’s SUMMARY: Pursuant to the Bayh-Dole Act Fiscal Year 2016 Service Contract and implementing regulations, the [FR Doc. 2017–21368 Filed 10–3–17; 8:45 am] Inventory. Department of the Air Force hereby BILLING CODE 5001–10–P FOR FURTHER INFORMATION CONTACT: gives notice of its intent to grant an Questions regarding the service contract exclusive patent license agreement to

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DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Ms. computation of various indices. Carrie Moore, 571–372–6093. The Paragraph (f)(3) of the clause requires Defense Acquisition Regulations information collection requirements the contractor to make available all System addressed in this notice are available records used in the computation of labor electronically on the Internet at: http:// indices upon the request of the [Docket Number DARS–2017–0012; OMB www.acq.osd.mil/dpap/dfars/ Control Number 0704–0259] contracting officer. index.htm. Paper copies are available Paragraph (b)(1) of the clause at Information Collection Requirement; from Ms. Carrie Moore, DFARS 252.216–7003, Economic Price Defense Federal Acquisition OUSD(AT&L)DPAP(DARS), Room Adjustment—Wage Rates or Material Regulation Supplement; Part 216, 3B941, 3060 Defense Pentagon, Prices Controlled by a Foreign Types of Contracts Washington, DC 20301–3060. Government, permits the contractor to SUPPLEMENTARY INFORMATION: provide a written request for contract AGENCY: Defense Acquisition Title and OMB Number: Defense adjustment based on increases in wage Regulations System, Department of Federal Acquisition Regulation Defense (DoD). rates or material prices that are Supplement (DFARS) Part 216, Types of controlled by a foreign government. ACTION: Notice and request for Contracts, and related clauses in Part Paragraph (c) of the clause requires the comments regarding a proposed 252.216; OMB Control Number 0704– contractor to make available its books extension of an approved information 0259. and records that support a requested Needs and Uses: The clauses at collection requirement. change in contract price. DFARS 252.216–7000, Economic Price SUMMARY: In compliance with the Adjustment—Basic Steel, Aluminum, Jennifer L. Hawes, Paperwork Reduction Act of 1995, DoD Brass, Bronze, or Copper Mill Products; Editor, Defense Acquisition Regulations announces the proposed extension of a DFARS 252.216–7001, Economic Price System. public information collection Adjustment—Nonstandard Steel Items, [FR Doc. 2017–21355 Filed 10–3–17; 8:45 am] requirement and seeks public comment and DFARS 252.216–7003, Economic BILLING CODE 5001–06–P on the provisions thereof. DoD invites Price Adjustment—Wage Rates or comments on: Whether the proposed Material Prices Controlled by a Foreign collection of information is necessary Government, require contractors with for the proper performance of the fixed-price economic price adjustment DEPARTMENT OF ENERGY functions of DoD, including whether the contracts to submit information to the information will have practical utility; contracting officer regarding changes in Basic Energy Sciences Advisory the accuracy of the estimate of the established material prices or wage Committee burden of the proposed information rates. The contracting officer uses this collection; ways to enhance the quality, information to make appropriate AGENCY: Office of Science, Department utility, and clarity of the information to adjustments to contract prices. of Energy. be collected; and ways to minimize the Affected Public: Businesses or other burden of the information collection on for-profit and not-for-profit institutions. ACTION: Notice of renewal. respondents, including the use of Respondent’s Obligation: Required to automated collection techniques or obtain or retain benefits. SUMMARY: Pursuant to the Federal other forms of information technology. Type of Request: Revision of a Advisory Committee Act, App. 2, and The Office of Management and Budget currently approved collection. the Code of Federal Regulations, and (OMB) has approved this information Reporting Frequency: On occasion. following consultation with the collection requirement for use through Number of Respondents: 132. Committee Management Secretariat, December 31, 2017. DoD proposes that Responses per Respondent: 4.04, General Services Administration, notice OMB extend its approval for three approximately. is hereby given that the Basic Energy additional years. Annual Responses: 533. Sciences Advisory Committee’s Average Burden per Response: 4 DATES: DoD will consider all comments (BESAC) charter will be renewed for a hours. two-year period. received by December 4, 2017. Annual Burden Hours: 2,132. ADDRESSES: You may submit comments, The Committee will provide advice identified by OMB Control Number Summary of Information Collection and recommendations to the Office of 0704–0259, using any of the following Paragraph (c) of the clause at DFARS Science on the Basic Energy Sciences methods: 252.216–7000, Economic Price program. Æ Federal eRulemaking Portal: http:// Adjustment—Basic Steel, Aluminum, Additionally, the renewal of the www.regulations.gov. Follow the Brass, Bronze, or Copper Mill Products, BESAC has been determined to be instructions for submitting comments. requires the contractor to notify the essential to conduct business of the Email: [email protected]. Include contracting officer of the amount and Department of Energy and to be in the OMB Control Number 0704–0259 in the effective date of each decrease in any public interest in connection with the subject line of the message. established price. Paragraph (d) of the performance of duties imposed upon the Fax: 571–372–6094. clause permits the contractor to submit Department of Energy, by law and Mail: Defense Acquisition Regulations a written request to the contracting agreement. The Committee will System, Attn: Ms. Carrie Moore, officer for an increase in contract price. continue to operate in accordance with OUSD(AT&L)DPAP(DARS), 3060 Paragraph (f)(2) of the clause at the provisions of the Federal Advisory Defense Pentagon, Room 3B941, DFARS 252.216–7001, Economic Price Committee Act, and the rules and Washington, DC 20301–3060. Adjustment—Nonstandard Steel Items, regulations in implementation of that Comments received generally will be requires the contractor to furnish a Act. posted without change to http:// statement identifying the correctness of www.regulations.gov, including any the established prices and employee FOR FURTHER INFORMATION CONTACT: Dr. personal information provided. hourly earnings that are relevant to the Harriet Kung at (301) 903–3081.

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Issued in Washington, DC, on July 28, accordance with Title 41 of the Code of protests must be filed on or before the 2017. Federal Regulations, and following comment date. Anyone filing a motion Shena Kennerly, consultation with the Committee to intervene or protest must serve a copy Acting Committee Management Officer. Management Secretariat, General of that document on the Applicant and [FR Doc. 2017–21332 Filed 10–3–17; 8:45 am] Services Administration, notice is all the parties in this proceeding. BILLING CODE 6450–01–P hereby given that the Advanced The Commission encourages Scientific Computing Advisory electronic submission of protests and Committee will be renewed for a two- interventions in lieu of paper using the DEPARTMENT OF ENERGY year period beginning on June 30, 2017. eFiling link at http://www.ferc.gov. The Committee will provide advice to Persons unable to file electronically DOE/NSF High Energy Physics the Director, Office of Science (DOE), on should submit an original and 5 copies Advisory Panel the Advanced Scientific Computing of the protest or intervention to the Research Program managed by the AGENCY: Office of Science, Department Federal Energy Regulatory Commission, of Energy. Office of Advanced Scientific 888 First Street NE., Washington, DC Computing Research. 20426. ACTION: Notice of renewal. Additionally, the renewal of the This filing is accessible on-line at SUMMARY: Pursuant to the Federal Advanced Scientific Computing http://www.ferc.gov, using the eLibrary Advisory Committee Act, App. 2, and Advisory Committee has been link and is available for electronic Code of Federal Regulations, and determined to be essential to the review in the Commission’s Public following consultation with the conduct of the Department of Energy Reference Room in Washington, DC. Committee Management Secretariat, business and to be in the public interest There is an eSubscription link on the General Services Administration, notice in connection with the performance of Web site that enables subscribers to is hereby given that the DOE/NSF High duties imposed upon the Department of receive email notification when a Energy Physics Advisory Panel (HEPAP) Energy, by law and agreement. The document is added to a subscribed has been renewed for a two-year period. Committee will operate in accordance docket(s). For assistance with any FERC The Panel will provide advice and with the provisions of the Federal Online service, please email recommendations to the Director, Office Advisory Committee Act, adhering to [email protected], or call of Science (DOE), and the Assistant the rules and regulations in (866) 208–3676 (toll free). For TTY, call Director, Directorate for Mathematical implementation of that Act. (202) 502–8659. and Physical Sciences (NSF), on FOR FURTHER INFORMATION CONTACT: Comment Date: 5:00 p.m. Eastern scientific priorities within the field of Christine Chalk at (301) 903–5152, Time on October 12, 2017. high energy physics. [email protected]. Dated: September 28, 2017. Additionally, the Secretary of Energy Issued in Washington, DC, on June 30, Nathaniel J. Davis, Sr., has determined that renewal of the 2017. Deputy Secretary. HEPAP is essential to conduct business Shena Kennerly, [FR Doc. 2017–21302 Filed 10–3–17; 8:45 am] of the Department of Energy and the Acting Committee Management Officer. National Science Foundation and is in BILLING CODE 6717–01–P Editorial Note: This document was the public interest in connection with received for publication by the Office of the the performance duties imposed by law Federal Register on September 29, 2017. DEPARTMENT OF ENERGY upon the Department of Energy. The [FR Doc. 2017–21328 Filed 10–3–17; 8:45 am] Committee will continue to operate in Federal Energy Regulatory BILLING CODE 6450–01–P accordance with the provisions of the Commission Federal Advisory Committee Act, the Combined Notice of Filings #2 Department of Energy Organization Act DEPARTMENT OF ENERGY (Pub. L. 95–91), and the rules and Take notice that the Commission regulations in implementation of these Federal Energy Regulatory received the following electric rate acts. Commission filings: FOR FURTHER INFORMATION CONTACT: Dr. [Docket No. NJ17–19–000] Docket Numbers: ER17–1840–000. John Boger at (301) 903–4520. Applicants: Canton Mountain Wind, Issued in Washington, DC, on August 11, Buckeye Power, Inc.; Notice of Filing LLC. 2017. Take notice that on September 21, Description: Fifth Supplement to June Shena Kennerly, 2017, Buckeye Power, Inc. submitted its 15, 2017 Canton Mountain Wind, LLC Acting Committee Management Officer. tariff filing: Buckeye Rate Schedule tariff filing. [FR Doc. 2017–21346 Filed 10–3–17; 8:45 am] Filing, to be effective 9/21/2017. Filed Date: 9/28/17. BILLING CODE 6450–01–P Any person desiring to intervene or to Accession Number: 20170928–5074. protest this filing must file in Comments Due: 5 p.m. ET 10/10/17. accordance with Rules 211 and 214 of Docket Numbers: ER17–2554–000. DEPARTMENT OF ENERGY the Commission’s Rules of Practice and Applicants: Midcontinent Procedure (18 CFR 385.211, 385.214). Independent System Operator, Inc. Advanced Scientific Computing Protests will be considered by the Description: § 205(d) Rate Filing: Advisory Committee Commission in determining the 2017–09–28_SA 2997 Palo Alto Wind- AGENCY: Office of Science, Department appropriate action to be taken, but will MidAmerican 1st Rev GIA (J529 J590) to of Energy. not serve to make protestants parties to be effective 9/14/2017. Filed Date: 9/28/17. ACTION: Notice of Renewal. the proceeding. Any person wishing to become a party must file a notice of Accession Number: 20170928–5065. SUMMARY: Pursuant to the Federal intervention or motion to intervene, as Comments Due: 5 p.m. ET 10/19/17. Advisory Committee Act, and in appropriate. Such notices, motions, or Docket Numbers: ER17–2555–000.

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Applicants: PacifiCorp. DEPARTMENT OF ENERGY The first page of any filing should Description: Tariff Cancellation: include docket number P–2809–034. Termination of Lower Valley Energy? Federal Energy Regulatory The Commission’s Rules of Practice Ancillary Services Agreement to be Commission require all intervenors filing documents effective 9/30/2017. with the Commission to serve a copy of Filed Date: 9/28/17. [Project No. 2809–034] that document on each person on the official service list for the project. Accession Number: 20170928–5104. KEI (Maine) Power Management (III) Comments Due: 5 p.m. ET 10/19/17. Further, if an intervenor files comments LLC; Notice of Application Accepted or documents with the Commission Docket Numbers: ER17–2556–000. for Filing, Soliciting Motions To relating to the merits of an issue that Applicants: PacifiCorp. Intervene and Protests, Ready for may affect the responsibilities of a Description: Tariff Cancellation: Environmental Analysis, and Soliciting particular resource agency, they must Termination of UAMPS Price Construct Comments, Recommendations, Terms also serve a copy of the document on Agmt to be effective 11/29/2017. and Conditions, and Prescriptions that resource agency. Filed Date: 9/28/17. k. This application has been accepted Take notice that the following Accession Number: 20170928–5105. for filing and is now is ready for hydroelectric application has been filed Comments Due: 5 p.m. ET 10/19/17. environmental analysis. with the Commission and is available Docket Numbers: ER17–2557–000. l. The existing American Tissue for public inspection. Project consists of: (1) A 256-foot-long, Applicants: New England Power a. Type of Application: Subsequent Company. 23-foot-high cut granite, stone and brick Minor License. masonry dam that includes a 61-foot- Description: § 205(d) Rate Filing: b. Project No.: 2809–034. long, 26-foot-high west abutment Large Generator Interconnection Agrmnt c. Date filed: April 28, 2017. section with 2-foot-high permanent with Wheelabrator Millbury & CEII d. Applicant: KEI (Maine) Power flashboards, a 100-foot-long, 19- to 23- Request to be effective 9/26/2017. Management (III) LLC (KEI Power). foot-high spillway section with 12-inch- Filed Date: 9/28/17. e. Name of Project: American Tissue high flashboards and a crest elevation of Accession Number: 20170928–5132. Hydroelectric Project. 122.3 feet mean sea level (msl), and a Comments Due: 5 p.m. ET 10/19/17. f. Location: On Cobbosseecontee 95-foot-long, 27-foot-high east abutment Take notice that the Commission Stream, in the Town of Gardiner, section with a 34-foot-wide, 19-foot- received the following electric securities Kennebec County, Maine. There are no high intake structure that includes: (a) A filings: federal or tribal lands within the project 17-foot-wide, 25.5-foot- high trashrack boundary. Docket Numbers: ES17–59–000. with 2-inch clear spacing, (b) a g. Filed Pursuant to: Federal Power manually-operated headgate that Applicants: Portland General Electric Act 16 U.S.C. 791(a)–825(r). Company. controls flow to the penstock, and (c) h. Applicant Contact: Lewis C. Loon, three 4.67-foot-diameter low level Description: Application of Portland Operations and Maintenance Manager— General Electric Company for Authority outlets at an elevation of about 100 feet USA, KEI (Maine) Power Management msl for releasing minimum flows to the to Issue Short-Term Debt Securities. (III) LLC, 423 Brunswick Avenue, Filed Date: 9/28/17. bypassed reach; (2) an approximately Gardiner, ME 04345; (207) 203–3026. 5.5-acre, 1,000-foot-long impoundment Accession Number: 20170928–5129. i. FERC Contact: John Baummer, 202– with a normal maximum water surface Comments Due: 5 p.m. ET 10/19/17. 502–6837, or [email protected]. elevation of 123.3 feet msl; (3) a 280- The filings are accessible in the j. Deadline for filing motions to foot-long, 7-foot-diameter underground Commission’s eLibrary system by intervene and protests, comments, steel penstock; (4) a 37-foot-long, 34- clicking on the links or querying the recommendations, terms and foot-wide concrete and wooden docket number. conditions, and prescriptions: 60 days powerhouse containing a single 1.0- Any person desiring to intervene or from the issuance date of this notice; megawatt turbine-generator unit; (5) a protest in any of the above proceedings reply comments are due 105 days from 250-foot-long, 12-kilovolt transmission must file in accordance with Rules 211 the issuance date of this notice. line; (6) a tailrace; and (7) appurtenant and 214 of the Commission’s The Commission strongly encourages facilities. KEI Power operates the project Regulations (18 CFR 385.211 and electronic filing. Please file motions to in a run-of-river mode, with an average 385.214) on or before 5:00 p.m. Eastern intervene and protests, comments, annual generation of 5,430 megawatt- time on the specified comment date. recommendations, terms and hours. Protests may be considered, but conditions, and prescriptions using the KEI Power proposes to release the intervention is necessary to become a Commission’s eFiling system at http:// following minimum flows from the dam party to the proceeding. www.ferc.gov/docs-filing/efiling.asp. to provide downstream passage in the eFiling is encouraged. More detailed Commenters can submit brief comments bypassed reach for alewives and adult information relating to filing up to 6,000 characters, without prior eels: 10 cubic feet per second (cfs) from requirements, interventions, protests, registration, using the eComment system January 1 to May 31; 29 cfs from June service, and qualifying facilities filings at http://www.ferc.gov/docs-filing/ 1 to August 31; 69 cfs from September can be found at: http://www.ferc.gov/ ecomment.asp. You must include your 1 to November 15; and 10 cfs from docs-filing/efiling/filing-req.pdf. For name and contact information at the end November 16 to December 31, or inflow other information, call (866) 208–3676 of your comments. For assistance, to the impoundment, whichever is less. (toll free). For TTY, call (202) 502–8659. please contact FERC Online Support at KEI Power also proposes to release a [email protected], (866) minimum flow of 52 cfs (or inflow, Dated: September 28, 2017. 208–3676 (toll free), or (202) 502–8659 whichever is less) to the tailrace, which Nathaniel J. Davis, Sr., (TTY). In lieu of electronic filing, please includes the minimum flows to the Deputy Secretary. send a paper copy to: Secretary, Federal bypassed reach, to protect aquatic [FR Doc. 2017–21298 Filed 10–3–17; 8:45 am] Energy Regulatory Commission, 888 resources in the downstream reach. In BILLING CODE 6717–01–P First Street NE., Washington, DC 20426. addition, KEI Power proposes to

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upgrade the existing downstream fish persons listed in the service list West Virginia Transmission Company, passage facility; reduce or cease prepared by the Commission in this PATH Allegheny Transmission generation during nighttime hours proceeding, in accordance with 18 CFR Company, LLC. during the downstream eel passage 4.34(b) and 385.2010. Description: Response of Potomac- season if dead/injured or entrained eels You may also register online at http:// Appalachian Transmission Highline, are observed; and construct and operate www.ferc.gov/docs-filing/ LLC and its operating companies to July a new upstream passage facility for esubscription.asp to be notified via 27, 2017 letter requesting additional American eel. KEI Power also proposes email of new filings and issuances information. to revise the project boundary by related to this or other pending projects. Filed Date: 9/27/17. removing most of the bypassed reach, For assistance, contact FERC Online Accession Number: 20170927–5122. except for a small portion of the reach Support. Comments Due: 5 p.m. ET 10/18/17. necessary to accommodate the proposed o. A license applicant must file no Docket Numbers: ER15–1456–005; upstream eel passage facility and later than 60 days following the date of ER11–3859–013; ER16–999–005; ER11– existing downstream fish passage issuance of this notice: (1) A copy of the 4634–005; ER17–436–003; ER17–437– facilities. water quality certification; (2) a copy of 006; ER14–1699–005; ER15–1457–005. m. A copy of the application is the request for certification, including Applicants: Beaver Falls, L.L.C., available for review at the Commission proof of the date on which the certifying Dighton Power, LLC, Greenleaf Energy in the Public Reference Room or may be agency received the request; or (3) Unit 1 LLC, Hazleton Generation LLC, viewed on the Commission’s Web site at evidence of waiver of water quality Marcus Hook Energy, L.P., Marcus Hook http://www.ferc.gov using the eLibrary certification. 50, L.P., Milford Power, LLC, Syracuse, link. Enter the docket number excluding L.L.C. the last three digits in the docket Dated: September 28, 2017. Description: Notice of Change in number field to access the document. Kimberly D. Bose, Status of Beaver Falls, L.L.C., et al. For assistance, contact FERC Online Secretary. Filed Date: 9/27/17. Support. A copy is also available for [FR Doc. 2017–21288 Filed 10–3–17; 8:45 am] Accession Number: 20170927–5126. inspection and reproduction at the BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 10/18/17. address in item h above. n. Anyone may submit comments, a Docket Numbers: ER17–1639–003. protest, or a motion to intervene in DEPARTMENT OF ENERGY Applicants: AEP Generation accordance with the requirements of Resources Inc. Rules of Practice and Procedure, 18 CFR Federal Energy Regulatory Description: Compliance filing: AEP 385.210, .211, and .214. In determining Commission GR Deficency Letter Response to be the appropriate action to take, the effective 5/9/2017. Combined Notice of Filings #1 Commission will consider all protests or Filed Date: 9/27/17. other comments filed, but only those Take notice that the Commission Accession Number: 20170927–5108. who file a motion to intervene in received the following electric corporate Comments Due: 5 p.m. ET 10/18/17. accordance with the Commission’s filings: Docket Numbers: ER17–2553–000. Rules may become a party to the Docket Numbers: EC17–194–000. Applicants: Wabash Valley Power proceeding. Any comments, protests, or Applicants: Northern States Power Association, Inc. motions to intervene must be received Company, a Minnesota corporation. Description: § 205(d) Rate Filing: on or before the specified comment date Description: Application for Amendments to Rate Schedules—Jay for the particular application. Authorization Under Section 203 of the REMC to be effective 11/27/2017. All filings must (1) bear in all capital FPA to Acquire Jurisdictional Filed Date: 9/27/17. letters the title PROTEST, MOTION TO Transmission Facilities of Northern Accession Number: 20170927–5102. INTERVENE, COMMENTS, REPLY States Power Company, a Minnesota Comments Due: 5 p.m. ET 10/18/17. COMMENTS, RECOMMENDATIONS, corporation. Take notice that the Commission TERMS AND CONDITIONS, or Filed Date: 9/27/17. received the following public utility PRESCRIPTIONS; (2) set forth in the Accession Number: 20170927–5121. holding company filings: heading the name of the applicant and Comments Due: 5 p.m. ET 10/18/17. the project number of the application to Docket Numbers: PH17–4–003. which the filing responds; (3) furnish Docket Numbers: EC17–195–000. Applicants: Starwood Energy Group the name, address, and telephone Applicants: Radford’s Run Wind Global, L.L.C. number of the person protesting or Farm, LLC. Description: Starwood Energy Group intervening; and (4) otherwise comply Description: Application For Global, L.L.C. submits FERC 65–B with the requirements of 18 CFR Authorization Under Section 203 of The Change in Status of Waiver Notification. 385.2001 through 385.2005. All Federal Power Act, Requests for Waivers Filed Date: 9/27/17. comments, recommendations, terms and of Filing Requirements, Expedited Accession Number: 20170927–5118. conditions or prescriptions must set Review and Confidential Treatment of Comments Due: 5 p.m. ET 10/18/17. forth their evidentiary basis and Radford’s Run Wind Farm, LLC. The filings are accessible in the otherwise comply with the requirements Filed Date: 9/28/17. Commission’s eLibrary system by of 18 CFR 4.34(b). Agencies may obtain Accession Number: 20170928–5026. clicking on the links or querying the copies of the application directly from Comments Due: 5 p.m. ET 10/19/17. docket number. the applicant. A copy of any protest or Take notice that the Commission Any person desiring to intervene or motion to intervene must be served received the following electric rate protest in any of the above proceedings upon each representative of the filings: must file in accordance with Rules 211 applicant specified in the particular Docket Numbers: ER09–1256–004; and 214 of the Commission’s application. A copy of all other filings ER12–2708–006. Regulations (18 CFR 385.211 and in reference to this application must be Applicants: Potomac-Appalachian 385.214) on or before 5:00 p.m. Eastern accompanied by proof of service on all Transmission Highline, LLC, PATH time on the specified comment date.

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Protests may be considered, but Persons unable to file electronically Docket Numbers: EG17–157–000. intervention is necessary to become a should submit an original and 5 copies Applicants: SP Cactus Flats Wind party to the proceeding. of the intervention or protest to the Energy, LLC. eFiling is encouraged. More detailed Federal Energy Regulatory Commission, Description: Self-Certification of EG of information relating to filing 888 First Street NE., Washington, DC SP Cactus Flats Wind Energy, LLC. requirements, interventions, protests, 20426. Filed Date: 9/27/17. service, and qualifying facilities filings The filings in the above-referenced Accession Number: 20170927–5071. can be found at: http://www.ferc.gov/ proceeding are accessible in the Comments Due: 5 p.m. ET 10/18/17. docs-filing/efiling/filing-req.pdf. For Commission’s eLibrary system by Take notice that the Commission other information, call (866) 208–3676 clicking on the appropriate link in the received the following electric rate (toll free). For TTY, call (202) 502–8659. above list. They are also available for filings: Dated: September 28, 2017. electronic review in the Commission’s Docket Numbers: ER17–2549–000. Public Reference Room in Washington, Nathaniel J. Davis, Sr., Applicants: Alabama Power DC. There is an eSubscription link on Deputy Secretary. Company. the Web site that enables subscribers to Description: § 205(d) Rate Filing: TVA [FR Doc. 2017–21297 Filed 10–3–17; 8:45 am] receive email notification when a BILLING CODE 6717–01–P 2017 NITSA and NOA Filing to be document is added to a subscribed effective 9/1/2017. docket(s). For assistance with any FERC Filed Date: 9/27/17. Online service, please email DEPARTMENT OF ENERGY Accession Number: 20170927–5035. [email protected]. or call Comments Due: 5 p.m. ET 10/18/17. Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Docket Numbers: ER17–2550–000. Commission Applicants: PJM Interconnection, Dated: September 28, 2017. [Docket No. ER17–2541–000] L.L.C. Nathaniel J. Davis, Sr., Description: § 205(d) Rate Filing: PJM Estill Solar I, LLC; Supplemental Deputy Secretary. submits Six Cost Responsibility Notice That Initial Market-Based Rate [FR Doc. 2017–21300 Filed 10–3–17; 8:45 am] Agreements re: DP&L Transfer to AES Filing Includes Request for Blanket BILLING CODE 6717–01–P Ohio Gen to be effective 8/31/2017. Section 204 Authorization Filed Date: 9/27/17. Accession Number: 20170927–5072. This is a supplemental notice in the DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 10/18/17. above-referenced proceeding Estill Solar Docket Numbers: ER17–2551–000. I, LLC‘s application for market-based Federal Energy Regulatory Applicants: American Transmission rate authority, with an accompanying Commission rate tariff, noting that such application Systems, Incorporated, PJM includes a request for blanket Combined Notice of Filings #1 Interconnection, L.L.C. authorization, under 18 CFR part 34, of Description: § 205(d) Rate Filing: Take notice that the Commission future issuances of securities and ATSI submits Engineering and received the following electric corporate assumptions of liability. Construction Services Agreement SA filings: Any person desiring to intervene or to No. 4713 to be effective 11/27/2017. protest should file with the Federal Docket Numbers: EC17–192–000. Filed Date: 9/27/17. Energy Regulatory Commission, 888 Applicants: Pattern Energy Group LP, Accession Number: 20170927–5075. First Street NE., Washington, DC 20426, Pattern Energy Group Inc., El Cabo Comments Due: 5 p.m. ET 10/18/17. in accordance with Rules 211 and 214 Wind LLC. Docket Numbers: ER17–2552–000. of the Commission’s Rules of Practice Description: Application for Applicants: Midcontinent and Procedure (18 CFR 385.211 and Authorization for Disposition of Independent System Operator, Inc. 385.214). Anyone filing a motion to Jurisdictional Facilities and Requests for Description: § 205(d) Rate Filing: intervene or protest must serve a copy Waivers, Confidential Treatment, and 2017–09–28_SA 3044 Statcom on ATC of that document on the Applicant. Expedited Consideration of Pattern MPFCA to be effective 11/27/2017. Notice is hereby given that the Energy Group LP, et al. Filed Date: 9/27/17. deadline for filing protests with regard Filed Date: 9/26/17. Accession Number: 20170927–5085. to the applicant’s request for blanket Accession Number: 20170926–5129. Comments Due: 5 p.m. ET 10/18/17. authorization, under 18 CFR part 34, of Comments Due: 5 p.m. ET 10/17/17. The filings are accessible in the future issuances of securities and Docket Numbers: EC17–193–000. Commission’s eLibrary system by assumptions of liability, is October 18, Applicants: RE Astoria LLC, RE clicking on the links or querying the 2017. Astoria 2 LLC, RE Barren Ridge 1 LLC. docket number. The Commission encourages Description: Application for Any person desiring to intervene or electronic submission of protests and Authorization under Section 203 of the protest in any of the above proceedings interventions in lieu of paper, using the Federal Power Act and Request for must file in accordance with Rules 211 FERC Online links at http:// Waivers, Confidential Treatment, and 214 of the Commission’s www.ferc.gov. To facilitate electronic Expedited Action and Shortened Regulations (18 CFR 385.211 and service, persons with Internet access Comment Period of RE Astoria LLC, et 385.214) on or before 5:00 p.m. Eastern who will eFile a document and/or be al. time on the specified comment date. listed as a contact for an intervenor Filed Date: 9/27/17. Protests may be considered, but must create and validate an Accession Number: 20170927–5062. intervention is necessary to become a eRegistration account using the Comments Due: 5 p.m. ET 10/18/17. party to the proceeding. eRegistration link. Select the eFiling Take notice that the Commission eFiling is encouraged. More detailed link to log on and submit the received the following exempt information relating to filing intervention or protests. wholesale generator filings: requirements, interventions, protests,

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service, and qualifying facilities filings • eFiling at Commission’s Web site: collections; and (4) ways to minimize can be found at: http://www.ferc.gov/ http://www.ferc.gov/docs-filing/ the burden of the collections of docs-filing/efiling/filing-req.pdf. For efiling.asp. information on those who are to other information, call (866) 208–3676 • Mail/Hand Delivery/Courier: respond, including the use of automated (toll free). For TTY, call (202) 502–8659. Federal Energy Regulatory Commission, collection techniques or other forms of Dated: September 27, 2017. Secretary of the Commission, 888 First information technology. Nathaniel J. Davis, Sr., Street NE., Washington, DC 20426. Title: FERC–505, Small Hydropower Please reference the specific Projects and Conduit Facilities Deputy Secretary. collection number and/or title in your including License/Relicense, [FR Doc. 2017–21296 Filed 10–3–17; 8:45 am] comments. Exemption, and Qualifying Conduit BILLING CODE 6717–01–P Instructions: All submissions must be Facility Determination. formatted and filed in accordance with OMB Control No.: 1902–0115. submission guidelines at: http:// DEPARTMENT OF ENERGY Abstract: The Hydropower Efficiency www.ferc.gov/help/submission- Act amended statutory provisions Federal Energy Regulatory guide.asp. For user assistance contact pertaining to preliminary permits and to Commission FERC Online Support by email at projects that are exempt from certain [email protected], or by phone licensing requirements under the [Docket No. IC17–15–000] at: (866) 208–3676 (toll-free), or (202) Federal Power Act (FPA) in order to 502–8659 for TTY. reduce cost and regulatory burden, and Commission Information Collection Docket: Users interested in receiving Activities (FERC–505 and FERC–512); in turn, promote hydropower automatic notification of activity in this development. Specifically, the Consolidated Comment Request; docket or in viewing/downloading Extension Hydropower Efficiency Act gave the comments and issuances in this docket Commission authority to extend a AGENCY: Federal Energy Regulatory may do so at http://www.ferc.gov/docs- preliminary permit once for not more Commission. filing/docs-filing.asp. than two additional years without ACTION: Notice of information FOR FURTHER INFORMATION CONTACT: requiring the permittee to apply for a collections and request for comments. Ellen Brown may be reached by email successive preliminary permit. The at [email protected], telephone Hydropower Efficiency Act also SUMMARY: In compliance with the at (202) 502–8663, and fax at (202) 273– expanded the number of projects that requirements of the Paperwork 0873. may qualify for exemptions from certain Reduction Act of 1995, the Federal SUPPLEMENTARY INFORMATION: licensing requirements under the FPA Energy Regulatory Commission Type of Request: Three-year approval (i.e., small conduit hydroelectric (Commission or FERC) is soliciting of the FERC–505 and FERC–512 facilities or small hydroelectric power public comment on the requirements information collection requirements projects), and allowed other projects to and burden of information collection, with no changes to the current reporting qualify to operate without Commission FERC–505 (Small Hydropower Projects requirements. Please note that each oversight (i.e., qualifying conduit and Conduit Facilities including collection is distinct from the next. hydropower facilities). While the License/Relicense, Exemption and Comments: Comments are invited on: Commission-approved revised Qualifying Conduit Facility (1) Whether the collections of regulations formally implement the Determination) and FERC–512 information are necessary for the proper Hydropower Efficiency Act, the (Preliminary Permit) which will be performance of the functions of the Commission has complied with the Act submitted to the Office of Management Commission, including whether the since its enactment. and Budget (OMB) for a review of the information will have practical utility; Type of Respondents: Businesses or information collection requirements. (2) the accuracy of the agency’s estimate other for-profit and not-for-profit DATES: Comments on the collection of of the burden and cost of the collections institutions. information are due December 4, 2017. of information, including the validity of Estimate of Annual Burden: The ADDRESSES: You may submit comments the methodology and assumptions used; Commission estimates the annual public identified by Docket No. IC17–15–000 (3) ways to enhance the quality, utility reporting burden for the information by either of the following methods: and clarity of the information collection as:

FERC–505 (SMALL HYDROPOWER PROJECTS AND CONDUIT FACILITIES INCLUDING LICENSE/RELICENSE, EXEMPTION, AND QUALIFYING CONDUIT FACILITY DETERMINATION)

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

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

FERC–505 ..... 16 1 16 273 hrs.; $20,884.50 ...... 4,368 hrs.; $334,152 ...... $20,884.50

Title: FERC–512, Preliminary Permit. Power Act (FPA) 16 U.S.C. The purpose estimates; conducts engineering, OMB Control No.: 1902–0073. of obtaining a preliminary permit is to economic and environmental feasibility Abstract: The information collected maintain priority of the application for studies; and making financial under the requirements of FERC–512, is a license for a hydropower facility while arrangements. The conditions under used by the Commission to implement the applicant conducts surveys to which the priority will be maintained the statutory provisions of the Federal prepare maps, plans, specifications and are set forth in each permit.

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Estimate of Annual Burden: 1 The reporting burden for the information Type of Respondent: Businesses or Commission estimates the annual public collection as: other for-profit and not-for-profit institutions. FERC–512 (PRELIMINARY PERMIT)

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

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

FERC–512 ..... 50 1 50 24 hrs.; $1,836 ...... 1,200 hrs.; $91,800 ...... $1,836

Dated: September 28, 2017. This filing is accessible on-line at and Procedure (18 CFR 385.211 and Kimberly D. Bose, http://www.ferc.gov, using the eLibrary 385.214). Anyone filing a motion to Secretary. link and is available for review in the intervene or protest must serve a copy [FR Doc. 2017–21286 Filed 10–3–17; 8:45 am] Commission’s Public Reference Room in of that document on the Applicant. Washington, DC. There is an BILLING CODE 6717–01–P Notice is hereby given that the eSubscription link on the Web site that deadline for filing protests with regard enables subscribers to receive email to the applicant’s request for blanket DEPARTMENT OF ENERGY notification when a document is added to a subscribed docket(s). For assistance authorization, under 18 CFR part 34, of Federal Energy Regulatory with any FERC Online service, please future issuances of securities and Commission email [email protected], or assumptions of liability, is October 18, call (866) 208–3676 (toll free). For TTY, 2017. [Docket No. EF17–2–000] call (202) 502–8659. The Commission encourages Comment Date: 5:00 p.m. Eastern Bonneville Power Administration; electronic submission of protests and Time on October 27, 2017. Notice of Filing interventions in lieu of paper, using the Dated: September 28, 2017. FERC Online links at http:// Take notice that on September 27, Nathaniel J. Davis, Sr., www.ferc.gov. To facilitate electronic 2017, Bonneville Power Administration Deputy Secretary. service, persons with Internet access submitted a Notice of Inadvertent Error who will eFile a document and/or be in the July 31, 2017 BP–18 Wholesale [FR Doc. 2017–21299 Filed 10–3–17; 8:45 am] BILLING CODE 6717–01–P listed as a contact for an intervenor Power Rate Filing. must create and validate an Any person desiring to intervene or to eRegistration account using the protest this filing must file in DEPARTMENT OF ENERGY eRegistration link. Select the eFiling accordance with Rules 211 and 214 of link to log on and submit the the Commission’s Rules of Practice and Federal Energy Regulatory intervention or protests. Procedure (18 CFR 385.211, 385.214). Commission Protests will be considered by the Persons unable to file electronically Commission in determining the [Docket No. ER17–2548–000] should submit an original and 5 copies appropriate action to be taken, but will of the intervention or protest to the EGP Stillwater Solar PV II, LLC; Federal Energy Regulatory Commission, not serve to make protestants parties to Supplemental Notice That Initial 888 First Street NE., Washington, DC the proceeding. Any person wishing to Market-Based Rate Filing Includes 20426. become a party must file a notice of Request For Blanket Section 204 intervention or motion to intervene, as Authorization The filings in the above-referenced appropriate. Such notices, motions, or proceeding are accessible in the protests must be filed on or before the This is a supplemental notice in the Commission’s eLibrary system by comment date. On or before the above-referenced proceeding of EGP clicking on the appropriate link in the comment date, it is not necessary to Stillwater Solar PV II, LLC‘s application above list. They are also available for serve motions to intervene or protests for market-based rate authority, with an electronic review in the Commission’s on persons other than the Applicant. accompanying rate tariff, noting that Public Reference Room in Washington, The Commission encourages such application includes a request for DC. There is an eSubscription link on electronic submission of protests and blanket authorization, under 18 CFR interventions in lieu of paper using the part 34, of future issuances of securities the Web site that enables subscribers to eFiling link at http://www.ferc.gov. and assumptions of liability. receive email notification when a Persons unable to file electronically Any person desiring to intervene or to document is added to a subscribed should submit an original and 5 copies protest should file with the Federal docket(s). For assistance with any FERC of the protest or intervention to the Energy Regulatory Commission, 888 Online service, please email Federal Energy Regulatory Commission, First Street NE., Washington, DC 20426, [email protected]. or call 888 First Street NE., Washington, DC in accordance with Rules 211 and 214 (866) 208–3676 (toll free). For TTY, call 20426. of the Commission’s Rules of Practice (202) 502–8659. 1 Burden is the total time, effort, or financial resources expended by persons to generate, burden, reference 5 Code of Federal Regulations average wage figure. FERC’s 2017 average annual maintain, retain, or disclose or provide information 1320.3. salary plus benefits per FTE (full-time equivalent) to or for a Federal agency. For further explanation 2 Subject matter experts found that industry is $158,754 (or $76.50 per hour). of what is included in the information collection employment costs closely resemble FERC’s wage

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Dated: September 28, 2017. CFR 4.36. The Commission strongly 17–000; and Florida Southeast Nathaniel J. Davis, Sr., encourages electronic filing. Please file Connection, LLC’s Florida Southeast Deputy Secretary. comments, motions to intervene, notices Connection Project in Docket No. CP14– [FR Doc. 2017–21301 Filed 10–3–17; 8:45 am] of intent, and competing applications 554–000. Together, these projects BILLING CODE 6717–01–P using the Commission’s eFiling system involve the construction and operation at http://www.ferc.gov/docs-filing/ of approximately 685 miles of pipeline efiling.asp. Commenters can submit and associated facilities. DEPARTMENT OF ENERGY brief comments up to 6,000 characters, The draft SEIS has been prepared to without prior registration, using the address the August 22, 2017 Opinion Federal Energy Regulatory eComment system at http:// issued by the United States Court of Commission www.ferc.gov/docs-filing/ Appeals for the District of Columbia regarding the Commission’s [Project No. 14857–000] ecomment.asp. You must include your name and contact information at the end environmental review of the SMP Watterra Energy, LLC; Notice of of your comments. For assistance, Project. The draft SEIS incorporates by Preliminary Permit Application please contact FERC Online Support at reference and expands upon the Accepted for Filing and Soliciting [email protected], (866) analysis contained within the December Comments, Motions To Intervene, and 208–3676 (toll free), or (202) 502–8659 2015 final environmental impact Competing Applications (TTY). In lieu of electronic filing, please statement (FEIS) for the SMP Project. send a paper copy to: Secretary, Federal The draft SEIS estimates the greenhouse On September 11, 2017, Watterra Energy Regulatory Commission, 888 gas emissions generated by the SMP Energy, LLC (Watterra Energy) filed a First Street NE., Washington, DC 20426. Project’s customers’ downstream preliminary permit application pursuant The first page of any filing should facilities, describes the methodology to section 4(f) of the Federal Power Act include docket number P–14857–000. used to determine these estimates, proposing to study the feasibility of the More information about this project, discusses context for understanding the proposed Saylorville Dam Hydroelectric including a copy of the application, can magnitude of these emissions, and Project No. 14857–000, to be located at be viewed or printed on the eLibrary addresses the value of using the social the existing Saylorville Dam on the Des link of Commission’s Web site at http:// cost of carbon tool. Moines River, near the City of Des www.ferc.gov/docs-filing/elibrary.asp. As described in the executive Moines in Polk County, Iowa. Enter the docket number (P–14857) in summary of the FEIS, and based on the Saylorville Dam is owned by the United the docket number field to access the environmental analysis section of the States government and operated by the document. For assistance, contact FERC FEIS and this draft SEIS, we conclude United States Army Corps of Engineers. Online Support. that constructing and operating the SMP The sole purpose of a preliminary Project would result in temporary and permit, if issued, is to grant the permit Dated: September 27, 2017. permanent impacts on the environment. holder priority to file a license Kimberly D. Bose, We also conclude that with the application during the permit term. A Secretary. applicants’ implementation of their preliminary permit does not authorize [FR Doc. 2017–21271 Filed 10–3–17; 8:45 am] respective impact avoidance, the permit holder to perform any land- BILLING CODE 6717–01–P minimization, and mitigation measures, disturbing activities or otherwise enter as well as their adherence to the upon lands or waters owned by others measures we have required to further without the owner’s express permission. DEPARTMENT OF ENERGY avoid, minimize, and mitigate these Watterra Energy’s proposed project impacts, operating the SMP Project would consist of: (1) A new 20-foot- Federal Energy Regulatory would not result in a significant impact diameter steel penstock that would be Commission on the environment. inserted into an existing 22-foot- Commission staff has mailed copies of [Docket Nos. CP14–554–002; CP15–016– the draft SEIS to federal, state, and local diameter by 640-foot-long concrete 003; CP15–017–002] conduit; (2) a new 55-foot-wide by 70- government representatives and foot-long by 30-foot-high concrete Florida Southeast Connection, LLC; agencies; elected officials; powerhouse; (3) three new 5.22- Transcontinental Gas Pipe Line environmental and public interest megawatt (MW) turbines, with a Company, LLC; Sabal Trail groups; Native American tribes; combined generating capacity of 15.66 Transmission, LLC; Notice of potentially affected landowners, other MW; (4) a new 70-foot-long by 55-foot- Availability of the Draft Supplemental interested individuals and groups; and wide substation; (5) a new 7,000-foot- Environmental Impact Statement for newspapers and libraries in the project long, 13.8-kilovolt transmission line; the Southeast Market Pipelines Project area. Additionally, the draft SEIS is and (6) appurtenant facilities. The available for public viewing on the project would have an estimated annual The staff of the Federal Energy FERC’s Web site (www.ferc.gov) using generation of 58 gigawatt-hours. Regulatory Commission (FERC or the eLibrary link. A limited number of Applicant Contact: Mr. Craig Dalton, Commission) has prepared a draft copies of the draft EIS are available for 220 W. Main Street, Hamilton, MT supplemental environmental impact distribution and public inspection at: 59840; (406) 384–0080. statement (SEIS) for the Southeast Federal Energy Regulatory Commission, FERC Contact: Tyrone A. Williams, Market Pipelines Project (SMP Project). Public Reference Room, 888 First Street (202) 502–6331. The SMP Project is composed of three NE., Room 2A, Washington, DC 20426, Deadline for filing comments, motions separate, but related, interstate natural (202) 502–8371. to intervene, competing applications gas transmission pipeline projects. Any person wishing to comment on (without notices of intent), or notices of These projects are: Transcontinental Gas the draft SEIS may do so. The intent to file competing applications: 60 Pipe Line Company, LLC’s Hillabee Commission will only consider days from the issuance of this notice. Expansion Project in Docket No. CP15– comments on the draft SEIS, and not on Competing applications and notices of 16–000; Sabal Trail Transmission, LLC’s the FEIS or the Commission’s orders in intent must meet the requirements of 18 Sabal Trail Project in Docket No. CP15– this proceeding, on which the public

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has already been provided the provides access to the texts of formal Commission in determining the opportunity to comment. Comments on documents issued by the Commission, appropriate action to be taken, but will the draft SEIS must be filed on or before such as orders, notices, and not serve to make protestants parties to November 20, 2017. While the rulemakings. the proceeding. Any person wishing to Commission makes every effort to In addition, the Commission offers a become a party must file a notice of consider all comments, it cannot free service called eSubscription that intervention or motion to intervene, as guarantee that late comments will be allows you to keep track of all formal appropriate. Such notices, motions, or considered. issuances and submittals in specific protests must be filed on or before the For your convenience, there are three dockets. This can reduce the amount of comment date. On or before the methods you can use to submit your time you spend researching proceedings comment date, it is not necessary to comments to the Commission. In all by automatically providing you with serve motions to intervene or protests instances, please reference docket notification of these filings, document on persons other than the Applicant. numbers CP14554–002; CP15–16–003; summaries, and direct links to the The Commission encourages and CP15–17–002 with your documents. Go to www.ferc.gov/docs- electronic submission of protests and submission. The Commission filing/esubscription.asp. interventions in lieu of paper using the encourages electronic filing of Dated: September 27, 2017. eFiling link at http://www.ferc.gov. comments and has expert staff available Kimberly D. Bose, Persons unable to file electronically to assist you at (202) 502–8258 or Secretary. should submit an original and 5 copies [email protected]. Please of the protest or intervention to the [FR Doc. 2017–21269 Filed 10–3–17; 8:45 am] carefully follow these instructions so Federal Energy Regulatory Commission, that your comments are properly BILLING CODE 6717–01–P 888 First Street NE., Washington, DC recorded. 20426. (1) You can file your comments DEPARTMENT OF ENERGY This filing is accessible on-line at electronically using the eComment http://www.ferc.gov, using the eLibrary feature on the Commission’s Web site Federal Energy Regulatory link and is available for review in the (www.ferc.gov) under the link to Commission Commission’s Public Reference Room in Documents and Filings. This is an easy Washington, DC. There is an method for submitting brief, text-only San Diego Gas & Electric Company v. eSubscription link on the Web site that comments on a project; Sellers of Energy and Ancillary enables subscribers to receive email (2) You can file your comments Services Into Markets Operated by the notification when a document is added electronically by using the eFiling California Independent System to a subscribed docket(s). For assistance feature on the Commission’s Web site Operator Corporation and the with any FERC Online service, please (www.ferc.gov) under the link to California Power Exchange, email [email protected], or Documents and Filings. With eFiling, Investigation of Practices of the call (866) 208–3676 (toll free). For TTY, you can provide comments in a variety California Independent System call (202) 502–8659. of formats by attaching them as a file Operator and the California Power Comment Date: 5:00 p.m. Eastern with your submission. New eFiling Exchange Corporation, Investigation of Time on October 17, 2017. users must first create an account by Wholesale Rates of Public Utility Dated: September 27, 2017. clicking on eRegister. If you are filing a Sellers of Energy and Ancillary comment on a particular project, please Services in the Western Systems Kimberly D. Bose, select Comment on a Filing as the filing Coordinating Council, State of Secretary. type; or California, ex rel. Bill Lockyer, Attorney [FR Doc. 2017–21270 Filed 10–3–17; 8:45 am] (3) You can file a paper copy of your General of the State of California v. BILLING CODE 6717–01–P comments by mailing them to the British Columbia Power Exchange following address. Be sure to reference Corp., Fact-Finding Investigation nto the project docket numbers (CP14554– Possible Manipulation of Electric and DEPARTMENT OF ENERGY 002, CP15–16–003, and CP15–17–002) Natural Gas Prices, Aquila, Inc., Aquila, Federal Energy Regulatory with your submission: Kimberly D. Inc., California Independent System Commission Bose, Secretary, Federal Energy Operator Corporation, Investigation of Regulatory Commission, 888 First Street Anomalous Bidding Behavior and [Project No. 2485–076] NE., Room 1A, Washington, DC 20426. Practices in the Western Markets, Questions? Notice of Filing FirstLight Hydro Generating Company; Notice of Application Accepted for Additional information about the [Docket Nos. EL00–95–304], [EL00–98–276], Filing, Soliciting Comments, Motions SMP Project is available from the [EL01–68–055], [EL02–71–062], [PA02–2– To Intervene, and Protests Commission’s Office of External Affairs, 104], [EL03–138–011], [EL03–181–012], at (866) 208–FERC, or on the FERC Web [ER03–746–057], [IN03–10–089] Take notice that the following site (www.ferc.gov) using the eLibrary Take notice that on September 26, hydroelectric application has been filed link. Click on the eLibrary link, click on 2017, MPS Merchant Services, Inc., with the Commission and is available General Search, and enter the docket Aquila Power Corporation and the for public inspection: number excluding the last three digits in California Parties filed a Joint a. Type of Application: Application the Docket Number field (i.e., CP14554, Compliance Filing in Support of a for Temporary Amendment of Minimum CP15–16, and CP15–17). Be sure you Settlement. and Maximum Reservoir Elevation have selected an appropriate date range. Any person desiring to intervene or to Requirement. For assistance, please contact FERC protest this filing must file in b. Project No.: 2485–076. Online Support at accordance with Rules 211 and 214 of c. Date Filed: September 11, 2017, as [email protected] or toll the Commission’s Rules of Practice and supplemented on September 25, 2017. free at (866) 208–3676; for TTY, contact Procedure (18 CFR 385.211, 385.214). d. Applicant: FirstLight Hydro (202) 502–8659. The eLibrary link also Protests will be considered by the Generating Company (FirstLight).

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e. Name of Project: Northfield (202) 502–8371. This filing may also be must also serve a copy of the document Mountain Pumped Storage Project. viewed on the Commission’s Web site at on that resource agency. A copy of all f. Location: The project is located on http://www.ferc.gov/docs-filing/ other filings in reference to this the east side of the Connecticut River, elibrary.asp. Enter the docket number application must be accompanied by in the towns of Northfield and Erving, excluding the last three digits in the proof of service on all persons listed in in Franklin County, Massachusetts. docket number field to access the the service list prepared by the g. Filed Pursuant to: Federal Power document (i.e., P–2485). You may also Commission in this proceeding, in Act, 16 U.S.C. 791(a)–825(r). register online at http://www.ferc.gov/ accordance with 18 CFR 4.34(b) and h. Applicant Contact: Mr. Douglas docs-filing/esubscription.asp to be 385.2010. Bennett, General Plant Manager— notified via email of new filings and Dated: September 28, 2017. Massachusetts Hydro, FirstLight Hydro issuances related to this or other Kimberly D. Bose, Generating Company, Northfield pending projects. For assistance, call 1– Mountain Station, 99 Millers Falls Road, 866–208–3676 or email Secretary. Northfield, MA 01360. Phone (413) 659– [email protected], for TTY, [FR Doc. 2017–21287 Filed 10–3–17; 8:45 am] 4489. call (202) 502–8659. A copy is also BILLING CODE 6717–01–P i. FERC Contact: Mr. Christopher available for inspection and Chaney, (202) 502–6778, or reproduction at the address in item (h) [email protected]. above. DEPARTMENT OF ENERGY j. Deadline for filing comments, m. Individuals desiring to be included motions to intervene, and protests is 30 on the Commission’s mailing list should Federal Energy Regulatory days from the issuance date of this so indicate by writing to the Secretary Commission notice by the Commission. The of the Commission. [Project No. 2839–015] Commission strongly encourages n. Comments, Protests, or Motions to electronic filing. Please file motions to Intervene: Anyone may submit Notice Soliciting Scoping Comments; intervene, protests, or comments using comments, a protest, or a motion to Village of Lyndonville Electric the Commission’s eFiling system at intervene in accordance with the Department http://www.ferc.gov/docs-filing/ requirements of Rules of Practice and efiling.asp. Commenters can submit Procedure, 18 CFR 385.210, .211, .214. Take notice that the following brief comments up to 6,000 characters, In determining the appropriate action to hydroelectric license application has without prior registration, using the take, the Commission will consider all been filed with the Commission and is eComment system at http:// protests or other comments filed, but available for public inspection. www.ferc.gov/docs-filing/ only those who file a motion to a. Type of Application: New Major ecomment.asp. You must include your intervene in accordance with the License. name and contact information at the end Commission’s Rules may become a b. Project No.: P–2839–015. of your comments. For assistance, party to the proceeding. Any comments, c. Date filed: May 26, 2017. please contact FERC Online Support at protests, or motions to intervene must d. Applicant: Village of Lyndonville [email protected], (866) be received on or before the specified Electric Department. 208–3676 (toll free), or (202) 502–8659 comment date for the particular e. Name of Project: Great Falls (TTY). In lieu of electronic filing, please application. Hydroelectric Project. send a paper copy to: Secretary, Federal o. Filing and Service of Responsive f. Location: On the Passumpsic River, Energy Regulatory Commission, 888 Documents: Any filing must (1) bear in in the Town of Lyndon, Caledonia First Street NE., Washington, DC 20426. all capital letters the title COMMENTS, County, Vermont. There are no federal Please include the project number (P– PROTEST, or MOTION TO INTERVENE or tribal lands within the project 2485–076) on any comments, motions to as applicable; (2) set forth in the boundary. intervene, or protests filed. heading the name of the applicant and g. Filed Pursuant to: Federal Power k. Description of Request: FirstLight is the project number of the application to Act, 16 U.S.C. 791 (a)–825(r). seeking authorization to modify the which the filing responds; (3) furnish h. Applicant Contact: Mr. Bill upper reservoir’s upper and lower water the name, address, and telephone Humphrey, Village of Lyndonville surface elevation limits from 1,000.5 number of the person protesting or Electric Department, 119 Park Avenue, feet mean sea level (msl) and 938 feet intervening; and (4) otherwise comply Lyndonville, VT 05851; (802) 626–3366. msl, to 1,004.5 feet msl and 920 feet with the requirements of 18 CFR i. FERC Contact: Bill Connelly, (202) msl, respectively. FirstLight proposes to 385.2001 through 385.2005. All 502–8587 or [email protected]. use the additional storage capacity comments, motions to intervene, or j. Deadline for filing scoping between December 1, 2017, and March protests must set forth their evidentiary comments: October 27, 2017. 31, 2018. According to FirstLight, basis and otherwise comply with the The Commission strongly encourages approval of changes in the water surface requirements of 18 CFR 4.34(b). All electronic filing. Please file scoping elevation limits would result in an comments, motions to intervene, or comments using the Commission’s increase in the maximum daily protests should relate to the amendment eFiling system at http://www.ferc.gov/ generation from 8,729 megawatt-hours request. Agencies may obtain copies of docs-filing/efiling.asp. Commenters can (MWh) to 10,779 MWh, and provide the application directly from the submit brief comments up to 6,000 Independent System Operator-New applicant. A copy of any protest or characters, without prior registration, England with additional resources to motion to intervene must be served using the eComment system at http:// address winter reliability needs. upon each representative of the www.ferc.gov/docs-filing/ l. Locations of the Application: A applicant specified in the particular ecomment.asp. You must include your copy of the application is available for application. If an intervener files name and contact information at the end inspection and reproduction at the comments or documents with the of your comments. For assistance, Commission’s Public Reference Room, Commission relating to the merits of an please contact FERC Online Support at located at 888 First Street NE., Room issue that may affect the responsibilities [email protected], (866) 2A, Washington, DC 20426, or by calling of a particular resource agency, they 208–3676 (toll free), or (202) 502–8659

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(TTY). In lieu of electronic filing, please to develop a minimum flow monitoring Dated: September 27, 2017. send a paper copy to: Secretary, Federal plan to ensure adequate flow is Kimberly D. Bose, Energy Regulatory Commission, 888 provided to the bypassed reach and Secretary. First Street NE., Washington, DC 20426. downstream of the powerhouse. [FR Doc. 2017–21268 Filed 10–3–17; 8:45 am] The first page of any filing should Lyndonville also proposes to BILLING CODE 6717–01–P include docket number P–2839–015. construct and maintain a new carry-in The Commission’s Rules of Practice boat access trail downstream of the require all intervenors filing documents tailrace, on the west bank of the with the Commission to serve a copy of Passumpsic River, designate a new bank EXPORT-IMPORT BANK OF THE that document on each person on the fishing area, and install a designated UNITED STATES official service list for the project. parking area outside of the project gates Further, if an intervenor files comments along the access road to the project. To [Public Notice 2017–6007] or documents with the Commission ensure the adequacy of project relating to the merits of an issue that recreation facilities, Lyndonville Agency Information Collection may affect the responsibilities of a proposes to conduct a Recreation Activities: Comment Request particular resource agency, they must Inventory, Use and Needs Assessment AGENCY: Export-Import Bank of the U.S. also serve a copy of the document on within one year of completion of that resource agency. recreational improvements. Finally, ACTION: Submission for OMB review and k. This application is not ready for Lyndonville proposes to develop a comments request. environmental analysis at this time. Historic Properties Management Plan to Form Title: EIB 11–03, Used l. The existing Great Falls Project protect historic resources. consists of: (1) A 160-foot-long, 32-foot- Equipment Questionnaire. m. A copy of the application is high curved, concrete dam with 2-foot- SUMMARY: The Export-Import Bank of available for review at the Commission high flashboards; (2) an approximately the United States (Ex-Im Bank), as a part in the Public Reference Room or may be 12-acre impoundment having a storage of its continuing effort to reduce viewed on the Commission’s Web site at capacity of 135-acre-feet at a normal full paperwork and respondent burden, http://www.ferc.gov using the eLibrary pond water surface elevation of 668.38 invites the general public and other link. Enter the docket number excluding feet above mean sea level; (3) an 18.5- Federal Agencies to comment on the the last three digits in the docket foot-wide headworks structure with two proposed information collection, as number field to access the document. headgates; (4) a headworks gate house; required by the Paperwork Reduction For assistance, contact FERC Online (5) an intake structure and bypass pipe Act of 1995. Support. A copy is available for that are integral to the dam; (6) a 290- This collection will provide inspection and reproduction at the foot-long power canal; (7) two sluice information needed to determine address in Item H above. gates; (8) an intake gate house with two compliance and creditworthiness for n. You may also register online at trashracks; (9) a 200-foot-long metal transaction requests involving http://www.ferc.gov/docs-filing/ penstock; (10) a 47-foot-long, 25-foot- previously-owned equipment submitted esubscription.asp to be notified via wide powerhouse containing a 1,350- to Ex-Im Bank under its insurance, email of new filings and issuances kilowatt (kW) turbine-generator unit and guarantee, and direct loan programs. related to this or other pending projects. a 40-foot-long, 40-foot-wide powerhouse Information presented in this form will For assistance, contact FERC Online containing two 350-kW turbine- be considered in the overall evaluation Support. generator units, for a total capacity of of the transaction, including Export- o. Scoping Process: 2,050-kW; (11) a 350-foot-long, 2.4- Import Bank’s determination of the Commission staff intends to prepare a kilovolt (kV) above-ground generator appropriate term for the transaction. single Environmental Assessment (EA) lead that connects the turbine-generator The form can be viewed at: https:// for the Great Falls Hydroelectric Project units to a step-up transformer; (12) a www.exim.gov/sites/default/files/forms/ in accordance with the National 1.75-mile-long, 12.5-kV above-ground eib11-03.pdf. transmission line; and (13) appurtenant Environmental Policy Act. The EA will DATES: Comments should be received on facilities. consider both site-specific and The Village of Lyndonville Electric cumulative environmental impacts, and or before December 4, 2017, to be Department (Lyndonville) operates the reasonable alternatives to the proposed assured of consideration. project in a run-of-river mode with an action. ADDRESSES: Comments may be annual average energy production of Commission staff does not propose to submitted electronically on http:// approximately 3,960 megawatt-hours. conduct on-site scoping meetings at this www.regulations.gov or by mail to Lyndonville is not proposing any time. Instead, we are soliciting Mardel West, Export-Import Bank of the changes in project operation. comments, recommendations, and United States, 811 Vermont Avenue Lyndonville proposes to continue to information on the Scoping Document 1 NW., Washington, DC 20571. release a year-round minimum flow of (SD1) issued on September 27, 2017. SUPPLEMENTARY INFORMATION: 10 cfs (or inflow, whichever is less) to Copies of SD 1 outlining the subject Titles and Form Number: EIB 11–03, the bypassed reach to maintain habitat areas to be addressed in the EA were Used Equipment Questionnaire. for fish and aquatic organisms and distributed to the parties on the OMB Number: 3048–0039. release a minimum flow of 75 cfs (or Commission’s mailing list and the Type of Review: Regular. inflow, whichever is less) from the applicant’s distribution list. Copies of Need and Use: The information powerhouse during project shutdowns SD 1 may be viewed on the web at collected will provide information to protect fish and aquatic resources in http://www.ferc.gov using the eLibrary needed to determine compliance and the downstream reach. Lyndonville link. Enter the docket number excluding creditworthiness for transaction proposes to install an automatic pond the last three digits in the docket requests involving previously-owned level control system to improve control number field to access the document. equipment submitted to the Export of impoundment water surface level For assistance, call 1–866–208–3676 or Import Bank under its insurance, fluctuations. Lyndonville also proposes for TTY, call (202) 502–8659. guarantee, and direct loan programs.

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Affected Public the United States, 811 Vermont Ave. SUPPLEMENTARY INFORMATION: Parts of This form affects entities involved in NW., Washington, DC 20571. this meeting of the Board will be open the export of U.S. goods and services. SUPPLEMENTARY INFORMATION: to the public (limited space available), Annual Number of Respondents: Title and Form Number: EIB 95–09 and parts will be closed to the public. 1,000. Letter of Interest Application. Please send an email to VisitorRequest@ Estimated Time per Respondent: 15 OMB Number: 3048–0005. FCA.gov at least 24 hours before the minutes. Type of Review: Regular. meeting. In your email include: name, Annual Burden Hours: 250 hours. Need and Use: The Letter of Interest postal address, entity you are Frequency of Reporting or Use: As (LI) is an indication of Export-Import representing (if applicable), and needed. (Ex-Im) Bank’s willingness to consider telephone number. You will receive an financing a given export transaction. Ex- email confirmation from us. Please be Government Expenses Im Bank uses the requested information prepared to show a photo identification Reviewing Time per Year: 250 hours. to determine the applicability of the when you arrive. If you need assistance Average Wages per Hour: $42.50. proposed export transaction system for accessibility reasons, or if you have Average Cost per Year: $10,625 prompts and determines whether or not any questions, contact Dale L. Aultman, (time * wages). to consider financing that transaction. Secretary to the Farm Credit Benefits and Overhead: 20%. Affected Public: This form affects Administration Board, at (703) 883– Total Government Cost: $12,750. entities involved in the export of U.S. 4009. The matters to be considered at goods and services. the meeting are: Bassam Doughman, Annual Number of Respondents: 540. Open Session IT Specialist. Estimated Time per Respondent: 0.5 [FR Doc. 2017–21306 Filed 10–3–17; 8:45 am] hours. A. Approval of Minutes BILLING CODE 6690–01–P Annual Burden Hours: 270. • September 14, 2017 Frequency of Reporting of Use: On occasion. B. New Business EXPORT-IMPORT BANK OF THE Government Reviewing Time per • Direct Final Rule—Assessment and UNITED STATES Year: 270. Apportionment of Administrative [Public Notice: 2017–6006] Average Wages per Hour: $42.50. Expenses Average Cost per Year: $11,475. Agency Information Collection Benefits and Overhead: 20%. Closed Session * Activities; Proposals Submissions, Total Government Cost: $13,770. • Office of Secondary Market Oversight and Approvals Periodic Report Bassam Doughman, • Office of Information Technology AGENCY: Export-Import Bank of the IT Specialist. Cybersecurity Update United States. [FR Doc. 2017–21312 Filed 10–3–17; 8:45 am] Dated: October 2, 2017. ACTION: Submission for OMB review and BILLING CODE 6690–01–P comments request. Dale L. Aultman, Secretary, Farm Credit Administration Board. Form Title: EIB 95–09 Letter of FARM CREDIT ADMINISTRATION [FR Doc. 2017–21487 Filed 10–2–17; 4:15 pm] Interest Application. BILLING CODE 6705–01–P SUMMARY: The Export-Import Banks of Sunshine Act Meeting; Farm Credit the United States (Ex-Im Bank), as part Administration Board of its continuing effort to reduce FEDERAL DEPOSIT INSURANCE AGENCY: Farm Credit Administration. paperwork and respondent burden, CORPORATION invites the general public and other ACTION: Notice, Regular Meeting. Federal Agencies to comment on the Notice of Termination; 10086—Security proposed information collection, as SUMMARY: Notice is hereby given, Bank of Gwinnett County, Suwanee, required by the Paperwork Reduction pursuant to the Government in the Georgia Act of 1995. Sunshine Act, of the regular meeting of The Letter of Interest (LI) is an the Farm Credit Administration Board The Federal Deposit Insurance indication of Export-Import (Ex-Im) (Board). Corporation (FDIC), as Receiver for Bank’s willingness to consider financing DATES: The regular meeting of the Board 10086—Security Bank of Gwinnett a given export transaction. Ex-Im Bank will be held at the offices of the Farm County, Suwanee, Georgia (Receiver) uses the requested information to Credit Administration in McLean, has been authorized to take all actions determine the applicability of the Virginia, on October 12, 2017, from 9:00 necessary to terminate the Receivership proposed export transaction and a.m. until such time as the Board Estate of Security Bank of Gwinnett determines whether or not to consider concludes its business. County (Receivership Estate); the Receiver has made all dividend financing that transaction. ADDRESSES: Farm Credit The form can be reviewed at: https:// distributions required by law. Administration, 1501 Farm Credit Drive, The Receiver has further irrevocably www.exim.gov/sites/default/files/pub/ McLean, Virginia 22102–5090. Submit pending/95-9-li.pdf. authorized and appointed FDIC- attendance requests via email to Corporate as its attorney-in-fact to DATES: Comments must be received on [email protected]. See execute and file any and all documents or before December 4, 2017 to be SUPPLEMENTARY INFORMATION for further that may be required to be executed by assured of consideration. information about attendance requests. the Receiver which FDIC-Corporate, in ADDRESSES: Comments may be FOR FURTHER INFORMATION CONTACT: Dale its sole discretion, deems necessary; submitted electronically on L. Aultman, Secretary to the Farm WWW.REGULATIONS.GOV or by mail Credit Administration Board, (703) 883– * Session Closed-Exempt pursuant to 5 U.S.C. to Mia Johnson, Export-Import Bank of 4009, TTY (703) 883–4056. Section 552b(c)(2), (8) and (9).

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including but not limited to releases, Bancorp, Inc., and thereby indirectly consent agreement containing a consent discharges, satisfactions, endorsements, acquire voting shares of Mid Penn Bank, order to cease and desist, having been assignments and deeds. Effective both in Millersburg, Pennsylvania. filed with and accepted, subject to final October 1, 2017, the Receivership Estate Board of Governors of the Federal Reserve approval, by the Commission, has been has been terminated, the receiver System, September 29, 2017. placed on the public record for a period discharged, and the Receivership Estate Yao-Chin Chao, of thirty (30) days. The following Analysis to Aid Public Comment has ceased to exist as a legal entity. Assistant Secretary of the Board. Dated: September 29, 2017. describes the terms of the consent [FR Doc. 2017–21319 Filed 10–3–17; 8:45 am] agreement, and the allegations in the Federal Deposit Insurance Corporation. BILLING CODE 6210–01–P complaint. An electronic copy of the Robert E. Feldman, full text of the consent agreement Executive Secretary. package can be obtained from the FTC [FR Doc. 2017–21323 Filed 10–3–17; 8:45 am] FEDERAL TRADE COMMISSION Home Page (for September 27, 2017), on BILLING CODE 6714–01–P [File No. 171 0084] the World Wide Web, at https:// www.ftc.gov/news-events/commission- Integra LifeSciences Holdings actions. FEDERAL RESERVE SYSTEM Corporation and Johnson & Johnson; You can file a comment online or on Analysis To Aid Public Comment paper. For the Commission to consider Formations of, Acquisitions by, and your comment, we must receive it on or Mergers of Bank Holding Companies AGENCY: Federal Trade Commission. before October 27, 2017. Write ‘‘Integra ACTION: Proposed consent agreement. LifeSciences et al.; FTC File No. The companies listed in this notice 1710084’’ on your comment. Your have applied to the Board for approval, SUMMARY: The consent agreement in this comment—including your name and pursuant to the Bank Holding Company matter settles alleged violations of your state—will be placed on the public Act of 1956 (12 U.S.C. 1841 et seq.) federal law prohibiting unfair methods record of this proceeding, including, to (BHC Act), Regulation Y (12 CFR part of competition. The attached Analysis to the extent practicable, on the public 225), and all other applicable statutes Aid Public Comment describes both the Commission Web site, at https:// and regulations to become a bank allegations in the complaint and the www.ftc.gov/policy/public-comments. holding company and/or to acquire the terms of the consent orders—embodied Postal mail addressed to the assets or the ownership of, control of, or in the consent agreement—that would Commission is subject to delay due to the power to vote shares of a bank or settle these allegations. heightened security screening. As a bank holding company and all of the DATES: Comments must be received on result, we encourage you to submit your banks and nonbanking companies or before October 27, 2017. comments online. To make sure that the owned by the bank holding company, ADDRESSES: Interested parties may file a Commission considers your online including the companies listed below. comment online or on paper, by comment, you must file it at https:// The applications listed below, as well ftcpublic.commentworks.com/ftc/ as other related filings required by the following the instructions in the Request for Comment part of the integradivest by following the Board, are available for immediate instructions on the web-based form. If inspection at the Federal Reserve Bank SUPPLEMENTARY INFORMATION section below. Write: ‘‘Integra LifeSciences et this Notice appears at http:// indicated. The applications will also be www.regulations.gov/#!home, you also available for inspection at the offices of al.; FTC File No. 1710084’’ on your comment, and file your comment online may file a comment through that Web the Board of Governors. Interested site. persons may express their views in at https://ftcpublic.commentworks.com/ ftc/integradivest by following the If you prefer to file your comment on writing on the standards enumerated in paper, write ‘‘Integra LifeSciences et al.; instructions on the web-based form. If the BHC Act (12 U.S.C. 1842(c)). If the FTC File No. 1710084’’ on your you prefer to file your comment on proposal also involves the acquisition of comment and on the envelope, and mail paper, write ‘‘Integra LifeSciences et al.; a nonbanking company, the review also your comment to the following address: FTC File No. 1710084’’ on your includes whether the acquisition of the Federal Trade Commission, Office of the comment and on the envelope, and mail nonbanking company complies with the Secretary, 600 Pennsylvania Avenue your comment to the following address: standards in section 4 of the BHC Act NW., Suite CC–5610 (Annex D), Federal Trade Commission, Office of the (12 U.S.C. 1843). Unless otherwise Washington, DC 20580, or deliver your Secretary, 600 Pennsylvania Avenue noted, nonbanking activities will be comment to the following address: NW., Suite CC–5610 (Annex D), conducted throughout the United States. Federal Trade Commission, Office of the Washington, DC 20580, or deliver your Unless otherwise noted, comments Secretary, Constitution Center, 400 7th comment to the following address: regarding each of these applications Street SW., 5th Floor, Suite 5610 Federal Trade Commission, Office of the must be received at the Reserve Bank (Annex D), Washington, DC 20024. If Secretary, Constitution Center, 400 7th indicated or the offices of the Board of possible, submit your paper comment to Street SW., 5th Floor, Suite 5610 Governors not later than October 30, the Commission by courier or overnight (Annex D), Washington, DC 20024. 2017. service. A. Federal Reserve Bank of FOR FURTHER INFORMATION CONTACT: Because your comment will be placed Philadelphia (William Spaniel, Senior Aylin M. Skroejer, (202–326–2459), on the publicly accessible FTC Web site Vice President) 100 North 6th Street, Bureau of Competition, 600 at https://www.ftc.gov, you are solely Philadelphia, Pennsylvania 19105– Pennsylvania Avenue NW., Washington, responsible for making sure that your 1521. Comments can also be sent DC 20580. comment does not include any sensitive electronically to SUPPLEMENTARY INFORMATION: Pursuant or confidential information. In [email protected]: to Section 6(f) of the Federal Trade particular, your comment should not 1. Lawrence Keister & Company, Commission Act, 15 U.S.C. 46(f), and include any sensitive personal Scottsdale, Pennsylvania; to acquire FTC Rule 2.34, 16 CFR 2.34, notice is information, such as your or anyone additional voting shares of Mid Penn hereby given that the above-captioned else’s Social Security number; date of

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birth; driver’s license number or other final approval, an Agreement specialties, neurosurgery and critical state identification number, or foreign Containing Consent Orders (‘‘Consent care. country equivalent; passport number; Agreement’’) from Integra LifeSciences Codman, part of Johnson & Johnson’s financial account number; or credit or Holdings Corporation (‘‘Integra’’) and DePuy Synthes Inc. business unit, is a debit card number. You are also solely Johnson & Johnson designed to remedy global medical device company that responsible for making sure that your the anticompetitive effects resulting offers a diverse portfolio of comment does not include any sensitive from Integra’s proposed purchase of neurosurgery, neurovascular, and drug health information, such as medical certain assets of Johnson & Johnson’s delivery products, including records or other individually Codman Neuro (‘‘Codman’’) division. instruments and systems for identifiable health information. In The proposed Decision and Order hydrocephalus management, addition, your comment should not (‘‘Order’’) contained in the Consent neurointensive care, and cranial include any ‘‘trade secret or any Agreement requires the parties to divest surgery, as well as implantable drug commercial or financial information all rights and assets to Natus Medical infusion systems. The proposed which . . . is privileged or Incorporated (‘‘Natus’’) related to transaction excludes Codman’s confidential’’—as provided by Section Integra’s intracranial pressure neurovascular and drug delivery 6(f) of the FTC Act, 15 U.S.C. 46(f), and monitoring systems and fixed pressure businesses. FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— valve shunt systems, as well as The Relevant Products and Structure of including in particular competitively Codman’s cerebrospinal fluid collection the Markets sensitive information such as costs, systems, non-antimicrobial external sales statistics, inventories, formulas, ventricular drainage catheters, and dural I. Intracranial Pressure Monitoring patterns, devices, manufacturing grafts. Systems processes, or customer names. The proposed Consent Agreement has Intracranial pressure monitoring Comments containing material for been placed on the public record for systems are used in intensive care units which confidential treatment is thirty days for receipt of comments by and operating rooms to measure requested must be filed in paper form, interested persons. Comments received pressure inside the skull, which can must be clearly labeled ‘‘Confidential,’’ during this period will become part of increase in the event of traumatic brain and must comply with FTC Rule 4.9(c). the public record. After thirty days, the injury, hydrocephalus, intracranial In particular, the written request for Commission will review the comments tumors, and other medical conditions. confidential treatment that accompanies received and decide whether it should An increase in intracranial pressure can the comment must include the factual withdraw, modify, or make the Consent severely damage the brain or spinal cord and legal basis for the request, and must Agreement final. and is a common cause of death in identify the specific portions of the Under the terms of the Asset Purchase neurosurgical patients, making quick comment to be withheld from the public Agreement signed on February 14, 2017, detection of pressure buildup critical. record. See FTC Rule 4.9(c). Your Integra will acquire Codman in a Intracranial pressure monitoring comment will be kept confidential only transaction valued at approximately systems use a pressure-sensitive probe if the General Counsel grants your $1.0 billion (the ‘‘Acquisition’’). The inserted through the skull to send request in accordance with the law and Commission’s Complaint alleges that measurements via a transducer cable to the public interest. Once your comment the proposed Acquisition, if a monitor at the patient’s bedside. has been posted on the public FTC Web consummated, would violate Section 7 Customers would not switch to an site—as legally required by FTC Rule of the Clayton Act, as amended, 15 alternative product in response to a 4.9(b)—we cannot redact or remove U.S.C. 18, and Section 5 of the Federal small but significant increase in the your comment from the FTC Web site, Trade Commission Act, as amended, 15 price of intracranial pressure monitoring unless you submit a confidentiality U.S.C. 45, by substantially lessening systems. request that meets the requirements for competition in the U.S. markets for Integra and Codman are the only such treatment under FTC Rule 4.9(c), intracranial pressure monitoring significant suppliers in the U.S. market and the General Counsel grants that systems, cerebrospinal fluid collection for intracranial pressure monitoring request. systems, non-antimicrobial external systems, accounting for 68% and 26% Visit the FTC Web site at http:// ventricular drainage catheters, fixed of 2016 sales, respectively. The www.ftc.gov to read this Notice and the pressure valve shunt systems, and dural remainder of the market is comprised of news release describing it. The FTC Act grafts. The proposed Consent Agreement small, fringe competitors that have and other laws that the Commission will remedy the alleged violations by limited competitive significance. administers permit the collection of preserving the competition that public comments to consider and use in otherwise would be lost in these II. Cerebrospinal Fluid Collection this proceeding, as appropriate. The markets as a result of the proposed Systems Commission will consider all timely Acquisition. Cerebrospinal fluid collection systems and responsive public comments that it drain excess cerebrospinal fluid and The Parties receives on or before October 27, 2017. monitor pressures within the fluid. For information on the Commission’s Integra, headquartered in Plainsboro, They consist of a plastic drainage bag, privacy policy, including routine uses New Jersey, is a medical device tubing, and other accessories that permitted by the Privacy Act, see company with worldwide operations connect to a patient through an external https://www.ftc.gov/site-information/ and one of the largest surgical ventricular drainage catheter. There are privacy-policy. instrument suppliers in the United no viable alternatives to cerebrospinal Analysis of Agreement Containing States. The company has two U.S. fluid collection systems. Consent Orders To Aid Public Comment business units: Specialty Surgical Integra, Codman, and Medtronic are Solutions and Orthopedics and Tissue the only competitively significant Introduction Technologies. The Specialty Surgical suppliers of cerebrospinal fluid The Federal Trade Commission Solutions division offers instruments collection systems in the United States. (‘‘Commission’’) has accepted, subject to and systems for, among other Integra is the leading supplier with 57%

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of the market. Medtronic accounts for an shunts. Fixed pressure valve shunts U.S. market and eliminate the close additional 27% of the market, and allow cerebrospinal fluid to pass competition that exists between the Codman has a share of 14%. The next through the shunt only when the parties today. Eliminating the head-to- closest competitor is Mo¨ller Medical, pressure has exceeded some head competition between Integra and which offers a more complex technology predetermined setting, which medical Codman in all of these highly and only accounts for a nominal share providers cannot adjust once implanted concentrated markets would allow the of the market. without another surgery. The settings on combined firm to exercise market power a programmable valve shunt system, III. Non-Antimicrobial External unilaterally, resulting in higher prices which is significantly more expensive, Ventricular Drainage Catheters and reduced choice for customers in can be adjusted non-invasively using these markets. External ventricular drainage specially designed magnetic tools. An catheters funnel excess cerebrospinal insufficient number of customers are Entry Conditions fluid from the brain to cerebrospinal likely to switch to programmable valve Entry in the relevant markets would fluid collection systems to relieve shunts to prevent a small but significant not be timely, likely, or sufficient in intracranial pressure. External increase in the price of fixed pressure magnitude, character, and scope to deter ventricular drainage catheters are either valve shunt systems. or counteract the anticompetitive effects antimicrobial or non-antimicrobial, and Integra, Codman, and Medtronic are of the proposed Acquisition. New entry the two types constitute distinct the only significant suppliers of fixed would require significant investment of antitrust markets because of the pressure valve shunt systems. time and money to design and develop substantial differences between them. Medtronic accounts for 55% of U.S. an effective product, obtain FDA Non-antimicrobial external ventricular sales, and Integra follows at 23% share approval, and develop clinical history drainage catheters lack an antibiotic and Codman at 15% share. Aesculap supporting the long-term efficacy of a coating and are suitable for less critical and Sophysa hold small, fringe product. A new entrant must also patients; they also may be used to avoid positions in the market and their establish a sales and marketing the risk of antibiotic interference when products are not close substitutes to infrastructure, have or develop a track diagnosing infections. They are those of Integra and Codman. record of service and support, and offer significantly less expensive than a robust line of neurosurgical products antimicrobial external ventricular V. Dural Grafts sufficient to convince potential drainage catheters. Customers would Dural grafts are used to repair or customers of the viability of its new not switch from non-antimicrobial replace a patient’s dura mater, the thick product offerings. Such development external ventricular drainage catheters membrane that surrounds the brain and efforts are difficult, time-consuming, to the antimicrobial versions or any spinal cord and keeps cerebrospinal and expensive, and often fail to result in other product in response to a 5% to fluid in place. Integra leads the U.S. a competitive product reaching the 10% increase in the price of non- market with 66% share of 2016 sales. In market. antimicrobial external ventricular addition, Integra manufactures drainage catheters, in part because even approximately 77% of the dural grafts The Consent Agreement with such a price increase, sold in the United States. Medtronic, antimicrobial external ventricular Codman, and Stryker account for 11%, The proposed Consent Agreement and drainage catheters would still be 9%, and 8% of sales, respectively. Other Order remedy the competitive concerns considerably more expensive. suppliers account for only a nominal raised by the proposed Acquisition by Integra and Codman account for 29% share of the market. requiring the parties to divest to Natus and 17% of the relevant market in the all assets and rights to research, United States. The only other The Relevant Geographic Market develop, manufacture, market, and sell competitively significant firm is The United States is the relevant Integra’s intracranial pressure Medtronic, with a 51% share. geographic market in which to analyze monitoring systems and fixed pressure the effects of the proposed Acquisition. valve shunt systems, as well as IV. Fixed Pressure Valve Shunt Systems These products are medical devices Codman’s cerebrospinal fluid collection Shunts are the primary tool that regulated by the U.S. Food and Drug systems, non-antimicrobial external neurosurgeons use to treat Administration (‘‘FDA’’). Medical ventricular drainage catheters, and dural hydrocephalus, or excessive devices sold outside of the United grafts. Integra is also required to divest accumulation of cerebrospinal fluid. States, but not approved for sale in the its San Diego, California facility that Shunt systems redirect excess United States, do not provide viable manufactures a key component of its cerebrospinal fluid from the brain or competitive alternatives for U.S. intracranial pressure monitoring spinal cord to another area of the body, consumers. systems. Additionally, to further ensure usually the abdomen, for reabsorption. the divestitures are successful, the Shunt systems consist of three Competitive Effects of the Acquisition proposed Order requires the parties to components: A ventricular catheter The proposed Acquisition would supply Natus with cranial access kits for inserted into the brain, a valve to cause substantial competitive harm in a limited time until Natus is able to regulate the flow of the fluid, and the relevant markets. The parties are the secure supply of that product another catheter that is threaded to the only significant suppliers of intracranial independently. The kit, which is often location where the fluid is emptied. pressure monitoring systems in the U.S. sold with the divestiture assets, Once implanted, the one-way valve in market, and two of only three significant includes items such as a hand drill, the shunt system regulates the pressure suppliers of cerebrospinal fluid forceps, and sutures used during cranial in the brain by governing the amount collection systems, non-antimicrobial surgery. The provisions of the Consent and pressure of cerebrospinal fluid external ventricular drainage catheters, Agreement ensure that Natus becomes passing through the catheter. and fixed pressure valve shunt systems an independent, viable, and effective There are two main types of in the United States. In the dural grafts competitor in the respective U.S. hydrocephalus shunts: Fixed pressure market, a combined Integra/Codman markets in order to maintain the valve shunts and programmable valve would control the vast majority of the competition that currently exists.

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Based in Pleasanton, California, Natus Aid Public Comment describes both the placed on the public record of this is a global healthcare company that allegations in the complaint and the proceeding, including, to the extent provides screening, diagnostic, and terms of the consent orders—embodied practicable, on the public Commission monitoring solutions for its three in the consent agreement—that would Web site, at https://www.ftc.gov/policy/ business units: Neurology, newborn settle these allegations. public-comments. care, and hearing and balance care. Its DATES: Comments must be received on Postal mail addressed to the neurology business includes systems or before October 30, 2017. Commission is subject to delay due to that are highly complementary to the ADDRESSES: Interested parties may file a heightened security screening. As a divestiture assets and test for a variety comment online or on paper, by result, we encourage you to submit your of medical conditions, including following the instructions in the comments online. To make sure that the epilepsy, head injury, tumors, Request for Comment part of the Commission considers your online Parkinson’s, and sleep apnea. Natus is SUPPLEMENTARY INFORMATION section comment, you must file it at https:// well positioned to restore the below. Write: ‘‘In the Matter of Abbott ftcpublic.commentworks.com/ftc/ competition that otherwise would have Laboratories and Alere Inc., File No. abbottalereconsent by following the been lost pursuant to the proposed 161–0084’’ on your comment, and file instructions on the web-based form. If Acquisition. your comment online at https:// this Notice appears at http:// The parties must accomplish the ftcpublic.commentworks.com/ftc/ www.regulations.gov/#!home, you also divestitures and relinquish their rights abbottalereconsent by following the may file a comment through that Web to Natus no later than ten days after instructions on the web-based form. If site. consummating the proposed you prefer to file your comment on If you prefer to file your comment on Acquisition. If the Commission paper, write ‘‘In the Matter of Abbott paper, write ‘‘In the Matter of Abbott determines that Natus is not an Laboratories and Alere Inc., File No. Laboratories and Alere Inc., File No. acceptable acquirer, or that the manner 161–0084’’ on your comment and on the 161–0084’’ on your comment and on the of the divestitures is not acceptable, the envelope, and mail your comment to the envelope, and mail your comment to the proposed Order requires the parties to following address: Federal Trade following address: Federal Trade unwind the sale of rights to Natus and Commission, Office of the Secretary, Commission, Office of the Secretary, then divest the products to a 600 Pennsylvania Avenue NW., Suite 600 Pennsylvania Avenue NW., Suite CC–5610 (Annex D), Washington, DC Commission-approved acquirer(s) CC–5610 (Annex D), Washington, DC 20580, or deliver your comment to the within six months of the date the Order 20580, or deliver your comment to the following address: Federal Trade becomes final. following address: Federal Trade Commission, Office of the Secretary, To ensure compliance with the Order, Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., the Commission has agreed to appoint a Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex D), Monitor to ensure that Integra and 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible, Johnson & Johnson comply with all of Washington, DC 20024. their obligations pursuant to the submit your paper comment to the FOR FURTHER INFORMATION CONTACT: Commission by courier or overnight Consent Agreement and to keep the Aylin M. Skroejer, (202–326–2459), Commission informed about the status service. Bureau of Competition, 600 Because your comment will be placed of the transfer of the rights and assets to Pennsylvania Avenue NW., Washington, on the publicly accessible FTC Web site Natus. The proposed Order further DC 20580. at https://www.ftc.gov, you are solely allows the Commission to appoint a SUPPLEMENTARY INFORMATION: Pursuant responsible for making sure that your trustee in the event the parties fail to to Section 6(f) of the Federal Trade comment does not include any sensitive divest the products as required. Commission Act, 15 U.S.C. 46(f), and or confidential information. In The purpose of this analysis is to FTC Rule 2.34, 16 CFR 2.34, notice is particular, your comment should not facilitate public comment on the hereby given that the above-captioned include any sensitive personal Consent Agreement, and it is not consent agreement containing a consent information, such as your or anyone intended to constitute an official order to cease and desist, having been else’s Social Security number; date of interpretation of the proposed Order or filed with and accepted, subject to final birth; driver’s license number or other to modify its terms in any way. approval, by the Commission, has been state identification number, or foreign By direction of the Commission. placed on the public record for a period country equivalent; passport number; Donald S. Clark, of thirty (30) days. The following financial account number; or credit or Secretary. Analysis to Aid Public Comment debit card number. You are also solely [FR Doc. 2017–21291 Filed 10–3–17; 8:45 am] describes the terms of the consent responsible for making sure that your agreement, and the allegations in the comment does not include any sensitive BILLING CODE 6750–01–P complaint. An electronic copy of the health information, such as medical full text of the consent agreement records or other individually FEDERAL TRADE COMMISSION package can be obtained from the FTC identifiable health information. In Home Page (for September 28, 2017), on addition, your comment should not [File No. 161 0084] the World Wide Web, at https:// include any ‘‘trade secret or any www.ftc.gov/news-events/commission- commercial or financial information Abbott Laboratories and Alere Inc.; actions. which . . . is privileged or Analysis To Aid Public Comment You can file a comment online or on confidential’’—as provided by Section AGENCY: Federal Trade Commission. paper. For the Commission to consider 6(f) of the FTC Act, 15 U.S.C. 46(f), and ACTION: Proposed consent agreement. your comment, we must receive it on or FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— before October 30, 2017. Write ‘‘In the including in particular competitively SUMMARY: The consent agreement in this Matter of Abbott Laboratories and Alere sensitive information such as costs, matter settles alleged violations of Inc., File No. 161–0084’’ on your sales statistics, inventories, formulas, federal law prohibiting unfair methods comment. Your comment—including patterns, devices, manufacturing of competition. The attached Analysis to your name and your state—will be processes, or customer names.

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Comments containing material for the public record. After thirty days, the portable point-of-care models that range which confidential treatment is Commission will review the comments up to ten pounds in weight. Hospitals requested must be filed in paper form, received and decide whether it should pay a substantial premium for the must be clearly labeled ‘‘Confidential,’’ withdraw, modify, or make the Consent convenience of point-of-care blood gas and must comply with FTC Rule 4.9(c). Agreement final. testing equipment over the closest In particular, the written request for Under the terms of the Amendment to alternative, using larger benchtop confidential treatment that accompanies Agreement and Plan of Merger signed analyzers that employ multi-use packs the comment must include the factual on April 13, 2017, which amends the of reagents and are typically located in and legal basis for the request, and must Agreement and Plan of Merger signed a hospital laboratory or other identify the specific portions of the on January 30, 2016, Abbott will acquire centralized location for analysis. The comment to be withheld from the public Alere in a transaction valued at vast majority of customers would not record. See FTC Rule 4.9(c). Your approximately $8.3 billion, which switch to benchtop blood gas testing comment will be kept confidential only includes Abbott’s assumption of $3.0 systems in response to a small but if the General Counsel grants your billion in debt (the ‘‘Acquisition’’). The significant increase in the price of point- request in accordance with the law and Commission’s Complaint alleges that of-care blood gas testing systems. the proposed Acquisition, if the public interest. Once your comment Abbott and Alere are each other’s has been posted on the public FTC Web consummated, would violate Section 7 closest competitors and the only site—as legally required by FTC Rule of the Clayton Act, as amended, 15 significant suppliers in the U.S. market 4.9(b)—we cannot redact or remove U.S.C. 18, and Section 5 of the Federal for point-of-care blood gas testing your comment from the FTC Web site, Trade Commission Act, as amended, 15 systems, accounting for 82% and 15% unless you submit a confidentiality U.S.C. 45, by substantially lessening of 2016 sales, respectively. While request that meets the requirements for competition in the U.S. markets for IDEXX Laboratories, Inc. and LifeHealth such treatment under FTC Rule 4.9(c), point-of-care blood gas testing systems LLC offer single-use, portable (but not and the General Counsel grants that and point-of-care cardiac marker testing handheld) systems, they are more request. systems. The proposed Consent distant competitors to Abbott and Alere Visit the FTC Web site at http:// Agreement will remedy the alleged www.ftc.gov to read this Notice and the violations by preserving the competition and maintain fringe positions in the news release describing it. The FTC Act that otherwise would be lost in these market. and other laws that the Commission markets as a result of the proposed II. Point-of-Care Cardiac Marker administers permit the collection of Acquisition. Testing Systems public comments to consider and use in The Parties this proceeding, as appropriate. The Point-of-care cardiac marker testing Commission will consider all timely Abbott, headquartered in Abbott Park, systems are small, portable medical and responsive public comments that it Illinois, is a global healthcare company instruments that measure specific receives on or before October 30, 2017. with three business units in the United proteins released into the blood to For information on the Commission’s States: Diagnostic, nutritional, and assess whether a patient experiencing privacy policy, including routine uses vascular. Its diagnostic testing division chest pains is having a myocardial permitted by the Privacy Act, see provides an expansive portfolio of infarction or congestive heart failure. https://www.ftc.gov/site-information/ instruments, tests, software, and They allow for quick initial diagnoses at privacy-policy. training to hospitals, laboratories, blood a patient’s bedside, which is critical banks, and physician offices. because the time between a cardiac Analysis of Agreement Containing Alere, headquartered in Waltham, event and treatment increases the Consent Orders To Aid Public Comment Massachusetts, is a global leader in likelihood the patient will suffer Introduction rapid diagnostic testing. Alere provides permanent loss of heart muscle. The The Federal Trade Commission diagnostic equipment, consumables, convenience of point-of-care cardiac (‘‘Commission’’) has accepted, subject to and patient self-management tools for marker testing systems differentiates final approval, an Agreement cardiometabolic disease, infectious them from larger benchtop models that Containing Consent Orders (‘‘Consent disease, and toxicology. can only be located in a hospital laboratory or some other central area of Agreement’’) from Abbott Laboratories The Relevant Products and Structure of larger emergency departments. A small (‘‘Abbott’’) and Alere Inc. (‘‘Alere’’) the Markets designed to remedy the anticompetitive but significant increase in the price of effects resulting from Abbott’s proposed I. Point-of-Care Blood Gas Testing point-of-care cardiac marker testing acquisition of Alere. The proposed Systems systems would not cause customers to Decision and Order (‘‘Order’’) contained Point-of-care blood gas testing switch to benchtop cardiac marker in the Consent Agreement requires the systems are small, portable medical testing systems. parties to divest all rights and assets instruments that measure a patient’s Abbott and Alere are the only related to Alere’s point-of-care blood gas blood pH, oxygen, carbon dioxide, and significant suppliers of point-of-care testing business to Siemens electrolyte levels to assess lung and cardiac marker testing systems, Aktiengelsellschaft (‘‘Siemens’’), and all kidney function, as well as whether an accounting for approximately 87% and rights and assets related to Alere’s acute patient requires oxygen or other 13%, respectively, of the 2016 U.S. point-of-care cardiac marker testing urgent treatment. They provide results market. Abbott offers point-of-care business to Quidel Corporation in less than five minutes at a patient’s cardiac marker testing on a handheld (‘‘Quidel’’). bedside or other acute care settings analyzer, and Alere on a two-pound The proposed Consent Agreement has where fast turnaround time is critical, portable analyzer. The next closest been placed on the public record for and rely on single-use, disposable test competitor to the parties is Response thirty days for receipt of comments by cartridges. Abbott and Alere offer the Biomedical, which offers a more interested persons. Comments received only handheld point-of-care blood gas complex technology and accounts for during this period will become part of testing devices, and other firms offer only a nominal share of the market.

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The Relevant Geographic Market development, manufacture, or sale of interpretation of the proposed Order or The relevant geographic market for the relevant products. The provisions of to modify its terms in any way. point-of-care blood gas testing systems the Consent Agreement ensure that By direction of the Commission. and point-of-care cardiac marker testing Siemens and Quidel become Donald S. Clark, independent, viable, and effective systems is the United States. These Secretary. competitors in the respective markets in products are medical devices regulated [FR Doc. 2017–21290 Filed 10–3–17; 8:45 am] by the U.S. Food and Drug order to maintain the competition that BILLING CODE 6750–01–P Administration (‘‘FDA’’). Medical currently exists. devices sold outside of the United Siemens is a global conglomerate with a healthcare division that is one of the States, but not approved for sale in the FEDERAL TRADE COMMISSION United States, do not provide viable world’s largest suppliers of technology competitive alternatives for U.S. to the healthcare industry and a leader [File No. 162 3128] consumers. in medical imaging and laboratory diagnostics. Siemens currently supplies Moonlight Slumber, LLC; Analysis To Competitive Effects of the Acquisition a benchtop blood gas testing system, Aid Public Comment The proposed Acquisition would and Alere’s handheld system will be AGENCY: Federal Trade Commission. likely result in significant competitive highly complementary to Siemens’ ACTION: Proposed consent agreement. harm to consumers in the markets for portfolio in the United States. Siemens point-of-care blood gas testing systems has the expertise, U.S. sales SUMMARY: The consent agreement in this and point-of-care cardiac marker testing infrastructure, and resources to restore matter settles alleged violations of systems. In each relevant market, the competition that otherwise would federal law prohibiting unfair or customers are able to leverage Abbott have been lost pursuant to the proposed deceptive acts or practices. The attached and Alere against each other to obtain Acquisition. Analysis to Aid Public Comment better prices and improved products. By Based in San Diego, California, Quidel describes both the allegations in the eliminating this direct and substantial develops, manufactures, and markets complaint and the terms of the consent head-to-head competition, the proposed point-of-care diagnostic testing order—embodied in the consent Acquisition likely would allow the solutions globally. The company has agreement—that would settle these combined firm to exercise market power expertise with immunoassay testing and allegations. unilaterally, resulting in higher prices, currently focuses on infectious diseases, DATES: reduced innovation, and less choice for women’s and general health, and Comments must be received on consumers. gastrointestinal diseases. The or before October 30, 2017. ADDRESSES: Interested parties may file a Entry Conditions acquisition of Alere’s point-of-care cardiac marker testing business will comment online or on paper, by Entry in the relevant markets would complement Quidel’s portfolio of rapid following the instructions in the not be timely, likely, or sufficient in diagnostic testing solutions. Moreover, Request for Comment part of the magnitude, character, and scope to deter Quidel’s chairman was co-inventor of SUPPLEMENTARY INFORMATION section or counteract the anticompetitive effects Alere’s point-of-care cardiac marker below. Write: ‘‘In the Matter of of the proposed Acquisition. New entry testing system, providing Quidel with Moonlight Slumber, LLC, File No. would require significant investment of additional understanding and 1623128’’ on your comment, and file time and money for product research background of the divestiture business. your comment online at https:// and development, regulatory approval The parties must accomplish the ftcpublic.commentworks.com/ftc/ by the FDA, and establishment of a U.S. divestitures no later than thirty days moonlightslumberconsent by following sales and service infrastructure. Such after the consummation of the Proposed the instructions on the web-based form. development efforts are difficult, time- If you prefer to file your comment on consuming, and expensive, and often Acquisition. If the Commission determines that either Siemens or paper, write ‘‘In the Matter of Moonlight fail to result in a competitive product Slumber, LLC, File No. 1623128’’ on reaching the market. Quidel is not an acceptable acquirer, or that the manner of the divestitures is not your comment and on the envelope, and The Consent Agreement acceptable, the proposed Order requires mail your comment to the following address: Federal Trade Commission, The Consent Agreement eliminates the parties to unwind the sale of rights Office of the Secretary, 600 the competitive concerns raised by the to Siemens and/or Quidel and then Pennsylvania Avenue NW., Suite CC– proposed Acquisition by requiring Alere divest the products to a Commission- 5610 (Annex D), Washington, DC 20580, to divest: (1) Its point-of-care blood gas approved acquirer(s) within six months or deliver your comment to the testing business, including its Ottawa, of the date the Order becomes final. following address: Federal Trade Canada facilities, to Siemens; and (2) its The Commission has agreed to Commission, Office of the Secretary, point-of-care cardiac marker testing appoint a Monitor to ensure that Abbott business, including its San Diego, and Alere comply with all of their Constitution Center, 400 7th Street SW., California facility, to Quidel. Alere must obligations pursuant to the Consent 5th Floor, Suite 5610 (Annex D), divest all assets and rights to research, Agreement and to keep the Commission Washington, DC 20024. develop, manufacture, market, and sell informed about the status of the transfer FOR FURTHER INFORMATION CONTACT: its point-of-care blood gas testing and of the rights and assets to Siemens and Amanda Kostner (202–326–2880) and point-of-care cardiac marker testing Quidel. The proposed Order further Jock Chung (202–326–2984), Bureau of product lines, including all related allows the Commission to appoint a Consumer Protection, 600 Pennsylvania intellectual property and other trustee in the event the parties fail to Avenue NW., Washington, DC 20580. confidential business information. divest the products as required. SUPPLEMENTARY INFORMATION: Pursuant Further, Siemens and Quidel intend to The purpose of this analysis is to to Section 6(f) of the Federal Trade hire substantially all of Alere’s facilitate public comment on the Commission Act, 15 U.S.C. 46(f), and employees whose responsibilities Consent Agreement, and it is not FTC Rule 2.34, 16 CFR 2.34, notice is primarily relate to the research, intended to constitute an official hereby given that the above-captioned

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consent agreement containing a consent else’s Social Security number; date of containing a consent order from order to cease and desist, having been birth; driver’s license number or other Moonlight Slumber, LLC filed with and accepted, subject to final state identification number, or foreign (‘‘respondent’’). approval, by the Commission, has been country equivalent; passport number; The proposed consent order has been placed on the public record for a period financial account number; or credit or placed on the public record for thirty of thirty (30) days. The following debit card number. You are also solely (30) days for receipt of comments by Analysis to Aid Public Comment responsible for making sure that your interested persons. Comments received describes the terms of the consent comment does not include any sensitive during this period will become part of agreement, and the allegations in the health information, such as medical the public record. After thirty (30) days, complaint. An electronic copy of the records or other individually the Commission will again review the full text of the consent agreement identifiable health information. In agreement and the comments received, package can be obtained from the FTC addition, your comment should not and will decide whether it should Home Page (for September 28, 2017), on include any ‘‘trade secret or any withdraw from the agreement or make the World Wide Web, at https:// commercial or financial information final the agreement’s proposed order. www.ftc.gov/news-events/commission- which . . . is privileged or This matter involves the deceptive actions. confidential’’—as provided by Section environmental and health claims You can file a comment online or on 6(f) of the FTC Act, 15 U.S.C. 46(f), and respondent made regarding its baby paper. For the Commission to consider FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— mattresses. According to the FTC your comment, we must receive it on or including in particular competitively complaint, respondent made before October 30, 2017. Write ‘‘In the sensitive information such as costs, unsubstantiated representations that its Matter of Moonlight Slumber, LLC, File sales statistics, inventories, formulas, mattresses are organic, natural, or plant- No. 1623128’’ on your comment. Your patterns, devices, manufacturing based and that its mattresses will not comment—including your name and processes, or customer names. emit any substance, including volatile your state—will be placed on the public Comments containing material for organic compounds, or off gas; claimed record of this proceeding, including, to which confidential treatment is that testing proved that its mattresses do the extent practicable, on the public requested must be filed in paper form, not emit volatile organic compounds; Commission Web site, at https:// must be clearly labeled ‘‘Confidential,’’ and represented that its mattresses have www.ftc.gov/policy/public-comments. and must comply with FTC Rule 4.9(c). been certified by Green Safety Shield, Postal mail addressed to the In particular, the written request for yet failed to disclose that it has a Commission is subject to delay due to confidential treatment that accompanies material connection to the Green Safety heightened security screening. As a the comment must include the factual Shield seal. Consumers likely interpret result, we encourage you to submit your and legal basis for the request, and must such seals as a claim that an comments online. To make sure that the identify the specific portions of the independent third party certified the Commission considers your online comment to be withheld from the public product. The complaint alleges that all comment, you must file it at https:// record. See FTC Rule 4.9(c). Your of these claims are deceptive in ftcpublic.commentworks.com/ftc/ comment will be kept confidential only violation of Section 5(a) of the FTC Act. moonlightslumberconsent by following if the General Counsel grants your The proposed consent order contains the instructions on the web-based form. request in accordance with the law and five provisions designed to prevent If this Notice appears at http:// the public interest. Once your comment respondent from engaging in similar www.regulations.gov/#!home, you also has been posted on the public FTC Web acts and practices in the future. Part I may file a comment through that Web site—as legally required by FTC Rule prohibits misleading representations site. 4.9(b)—we cannot redact or remove regarding whether any mattress, blanket, If you prefer to file your comment on your comment from the FTC Web site, pillow, pad, foam-containing product, paper, write ‘‘In the Matter of Moonlight unless you submit a confidentiality or sleep-related product is organic, Slumber, LLC, File No. 1623128’’ on request that meets the requirements for natural, or plant-based; regarding the your comment and on the envelope, and such treatment under FTC Rule 4.9(c), emissions from such product; and mail your comment to the following and the General Counsel grants that regarding the general environmental and address: Federal Trade Commission, request. health benefits of such product. The Office of the Secretary, 600 Visit the FTC Web site at http:// order requires respondent to possess Pennsylvania Avenue NW., Suite CC– www.ftc.gov to read this Notice and the competent and reliable evidence, 5610 (Annex D), Washington, DC 20580, news release describing it. The FTC Act including scientific evidence when or deliver your comment to the and other laws that the Commission appropriate, to substantiate these following address: Federal Trade administers permit the collection of representations. Commission, Office of the Secretary, public comments to consider and use in Part II prohibits misleading Constitution Center, 400 7th Street SW., this proceeding, as appropriate. The representations regarding emissions-free 5th Floor, Suite 5610 (Annex D), Commission will consider all timely and VOC-free claims. The order requires Washington, DC 20024. If possible, and responsive public comments that it competent and reliable scientific submit your paper comment to the receives on or before October 30, 2017. evidence to substantiate that a product Commission by courier or overnight For information on the Commission’s does not emit more than a trace level of service. privacy policy, including routine uses emissions of the substance about which Because your comment will be placed permitted by the Privacy Act, see the claim is made. The order defines on the publicly accessible FTC Web site https://www.ftc.gov/site-information/ ‘‘emission’’ to include all emissions (not at https://www.ftc.gov, you are solely privacy-policy. just VOCs that cause smog). This responsible for making sure that your definition reflects the Commission’s comment does not include any sensitive Analysis of Proposed Consent Order To Enforcement Policy Statement and or confidential information. In Aid Public Comment consumer expectations: Consumers are particular, your comment should not The Federal Trade Commission likely concerned about the potential include any sensitive personal (‘‘FTC’’ or ‘‘Commission’’) has accepted, health effects from exposure to chemical information, such as your or anyone subject to final approval, an agreement emissions found in indoor air, not just

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VOCs that affect outdoor air quality. DEPARTMENT OF HEALTH AND 2. Email your request, including your Consistent with the Green Guides, the HUMAN SERVICES address, phone number, OMB number, order defines ‘‘trace level of emissions’’ and CMS document identifier, to for claims for a substance to mean that Centers for Medicare & Medicaid [email protected]. (1) emissions of the substance do not Services 3. Call the Reports Clearance Office at result in inhalation concentrations of [Document Identifiers: CMS–10110] (410) 786–1326. that substance higher than background FOR FURTHER INFORMATION CONTACT: levels in the typical residential home; Agency Information Collection William Parham at (410) 786–4669. (2) emissions of the substance do not Activities: Submission for OMB SUPPLEMENTARY INFORMATION: Under the cause material harm that consumers Review; Comment Request Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3520), federal agencies typically associate with that substance, AGENCY: Centers for Medicare & must obtain approval from the Office of including harm to the environment or Medicaid Services, HHS. human health; and (3) the substance has Management and Budget (OMB) for each ACTION: Notice. collection of information they conduct not been added intentionally to the or sponsor. The term ‘‘collection of covered product. SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is announcing information’’ is defined in 44 U.S.C. Part III prohibits respondent from an opportunity for the public to 3502(3) and 5 CFR 1320.3(c) and mispresenting the results of any tests or comment on CMS’ intention to collect includes agency requests or studies, or from misrepresenting that information from the public. Under the requirements that members of the public any product benefit is scientifically or Paperwork Reduction Act of 1995 submit reports, keep records, or provide clinically proven. Parts IV and V (PRA), federal agencies are required to information to a third party. Section prohibit respondent from publish notice in the Federal Register 3506(c)(2)(A) of the PRA (44 U.S.C. misrepresenting certifications or failing concerning each proposed collection of 3506(c)(2)(A)) requires federal agencies to adequately disclose a material information, including each proposed to publish a 30-day notice in the connection to a party making a extension or reinstatement of an existing Federal Register concerning each representation, e.g., an endorser. collection of information, and to allow proposed collection of information, a second opportunity for public including each proposed extension or Parts VI through X are reporting and reinstatement of an existing collection compliance provisions. Part VI comment on the notice. Interested persons are invited to send comments of information, before submitting the mandates that respondent acknowledge regarding the burden estimate or any collection to OMB for approval. To receipt of the order, distribute the order other aspect of this collection of comply with this requirement, CMS is to certain employees and agents, and information, including the necessity and publishing this notice that summarizes secure acknowledgments from utility of the proposed information the following proposed collection(s) of recipients of the order. Part VII requires collection for the proper performance of information for public comment: that respondent submit compliance the agency’s functions, the accuracy of 1. Type of Information Collection reports to the FTC within ninety (90) the estimated burden, ways to enhance Request: Revision of a currently days of the order’s issuance and submit the quality, utility, and clarity of the approved collection; Title of additional reports when certain events information to be collected; and the use Information Collection: Manufacturer occur. Part VIII requires that respondent of automated collection techniques or Submission of Average Sales Prices create and retain certain records for five other forms of information technology to (ASP) Data for Medicare Part B Drugs; (5) years. Part IX provides for the FTC’s minimize the information collection Use: In accordance with Section 1847A continued compliance monitoring of burden. of the Social Security Act (the Act), Medicare Part B covered drugs and respondent’s activity during the order’s DATES: Comments on the collection(s) of effective dates. Part X is a provision biologicals not paid on a cost or information must be received by the prospective payment basis are paid ‘‘sunsetting’’ the order after twenty (20) OMB desk officer by November 3, 2017. based on the average sales price (ASP) years, with certain exceptions. ADDRESSES: When commenting on the of the drug or biological, beginning in The purpose of the analysis is to aid proposed information collections, Calendar Year (CY) 2005. The ASP data public comment on the proposed order. please reference the document identifier reporting requirements are specified in It is not intended to constitute an or OMB control number. To be assured Section 1927 of the Act. The reported official interpretation of the proposed consideration, comments and ASP data are used to establish the order or to modify its terms in any way. recommendations must be received by Medicare payment amounts. Form the OMB desk officer via one of the By direction of the Commission. Number: CMS–10110 (OMB control following transmissions: OMB, Office of number: 0938–0921); Frequency: Donald S. Clark, Information and Regulatory Affairs, Quarterly; Affected Public: Business or Secretary. Attention: CMS Desk Officer, Fax other For-profits; Number of [FR Doc. 2017–21289 Filed 10–3–17; 8:45 am] Number: (202) 395–5806 OR Email: Respondents: 180; Total Annual [email protected]. BILLING CODE 6750–01–P Responses: 720; Total Annual Hours: To obtain copies of a supporting 9360. (For policy questions regarding statement and any related forms for the this collection contact Felicia Eggleston proposed collection(s) summarized in at 410–786–9287.) this notice, you may make your request using one of following: Dated: September 28, 2017. 1. Access CMS’ Web site address at William N. Parham, III, Web site address at https:// Director, Paperwork Reduction Staff, Office www.cms.gov/Regulations-and- of Strategic Operations and Regulatory Guidance/Legislation/ Affairs. PaperworkReductionActof1995/PRA- [FR Doc. 2017–21249 Filed 10–3–17; 8:45 am] Listing.html. BILLING CODE 4120–01–P

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DEPARTMENT OF HEALTH AND DATES: Submit written or electronic Consideration will only be given to HUMAN SERVICES comments on the collection of comments and suggestions submitted information by December 4, 2017. within 60 days of this publication. The Administration for Community Living ADDRESSES: Submit electronic proposed State Councils on comments on the collection of Developmental Disabilities Annual [OMB Control Number—0985–0033] information to: Sara.Newell-Perez@ Program Performance Report can be acl.hhs.gov. Submit written comments found on the ACL Web site at: https:// Proposed Information Collection on the collection of information by mail www.acl.gov/about-acl/policy-and- Activity; Public Comment Request; to Sara Newell-Perez, U.S. Department regulations. Revision of a Currently Approved of Health and Human Services, ACL estimates the burden of this Information Collection (ICR-Rev); State Administration for Community Living, collection of information as follows: 330 C Street SW., Room 1108B, Developmental Disabilities Council— Burden Estimates Annual Program Performance Report Washington, DC 20201. (PPR) FOR FURTHER INFORMATION CONTACT: Sara The total estimated hour burden per Newell-Perez at (202) 795–7413 or respondent for the proposed DD Council AGENCY: Administration on Intellectual [email protected]. PPR will increase from the 138 hours and Developmental Disabilities (AIDD), SUPPLEMENTARY INFORMATION: Under the estimated in 2015 to 172 burden hours Administration for Community Living PRA (44 U.S.C. 3501–3520), Federal per response. The number of hours is (ACL), Department of Health and agencies must obtain approval from the multiplied by 56 State Council Human Services (HHS). Office of Management and Budget programs, resulting in a total estimated (OMB) for each collection of hour aggregate burden of 9,632. ACTION: Notice. information they conduct or sponsor. The increase in burden is primarily ‘‘Collection of information’’ is defined due to the incorporation of new SUMMARY: The Administration for in 44 U.S.C. 3502(3) and 5 CFR performance measures into the FFY Community Living (ACL) is announcing 1320.3(c) and includes agency requests 2017–2021 state plan cycle. These an opportunity for the public to or requirements that members of the measures will hone in on individual comment on ACL’s intention to collect public submit reports, keep records, or and family advocacy, as well as systems information necessary to determine provide information to a third party. change advocacy. One example of these grantee compliance with Part B of the Section 3506(c)(2)(A) of the PRA (44 measures is a reporting of the number of Developmental Disabilities Assistance U.S.C. 3506(c)(2)(A)) requires Federal promising and/or best practices and Bill of Rights Act of 2000 (DD Act). agencies to provide a 60-day notice in improved as a result of systems change Under the Paperwork Reduction Act of the Federal Register concerning each activities. The Program Performance 1995 (PRA), Federal agencies are proposed collection of information, Report (PPR) is an opportunity for required to publish a notice in the including each proposed extension or Councils to report on the actual data Federal Register concerning each update of an existing collection of and outcomes that resulted from proposed collection of information, information, before submitting the carrying out the new State Plan including each proposed extension of an collection to OMB for approval. activities. The proposed revisions to the existing collection of information, and The proposed data collection PPR form were reviewed and pilot to allow 60 days for public comment in represents a revision of a currently tested by a Performance Measures response to the proposed action. This approved information collection (ICR- Workgroup consisting of nine (9) State notice solicits comments on a proposed Rev). In compliance with the Council representatives. This revision to an existing data collection requirements of Section 506 (c)(2)(A) of workgroup deemed the PPR revisions related to the State Councils on the Paperwork Reduction Act of 1995, necessary to accurately capture and Developmental Disabilities (State the Administration on Community report on the progress of the State Councils) Annual Program Performance Living is soliciting public comment on Councils. A separate workgroup Report (PPR). On an annual basis, each the information collection described consisting of nine (9) different State Council must submit a Program above. The Department specifically Council representatives further Performance Report (PPR) to describe requests comments on: (a) Whether the discussed data collection methodologies the extent to which annual progress is proposed collection of information is as it relates to the proposed PPR being achieved on the 5-year State plan necessary for the proper performance of template. The new performance goals. The PPR will be used by (1) the the function of the agency, including measures will offer a comprehensive Council as a planning document to track whether the information will have categorization and approach to progress made in meeting state plan practical utility; (b) the accuracy of the collecting data necessary to report to goals; (2) the citizenry of the State as a agency’s estimate of the burden of the Congress and other interested entities. mechanism for monitoring progress and proposed collection of information, The burden calculation takes into activities on the plans of the Council; including the validity of the account that 40% percent of the change and (3) the Department as a stewardship methodology and assumptions used; (c) Councils estimated for data collection tool for ensuring compliance with the the quality, utility, and clarity of the burden will be pre-populated for them Developmental Disabilities Assistance information to be collected; (d) ways to through their web-based reporting and Bill of Rights Act and for minimize the burden of the collection of system, ACL Reporting. The increase of monitoring and providing technical information on respondents, including 24.6% for burden is consistent with the assistance (e.g., during site visits), and through the use of automated collection development of new performance support for management decision techniques, when appropriate, and other measures and were approved and making. forms of information technology. anticipated by the State Councils.

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Responses Respondent/data collection activity Number of per Hours per Annual respondents respondent response burden hours

State Councils on Developmental Disabilities Annual Program Performance Report (PPR) ...... 56 1 172 9,632

Total ...... 56 1 172 9,632

Dated: September 26, 2017. (OMB) for each collection of below identifies the data collection Mary Lazare, information they conduct or sponsor. activities for the three surveys above as Principal Deputy Administrator. ‘‘Collection of information’’ is defined well as the estimates for record keeping [FR Doc. 2017–21258 Filed 10–3–17; 8:45 am] in 44 U.S.C. 3502(3) and 5 CFR and entry of aggregate data. In addition BILLING CODE 4154–01–P 1320.3(c) and includes agency requests to submitting a State Plan every three or requirements that members of the years, states and outlying areas are public submit reports, keep records, or required to submit annual progress DEPARTMENT OF HEALTH AND provide information to a third party. reports on their activities. The data HUMAN SERVICES Section 3506(c)(2)(A) of the PRA (44 required for these progress reports is U.S.C. 3506(c)(2)(A)) requires Federal specified in Section 4(f) of the AT Act. Administration for Community Living agencies to provide a 60-day notice in The State Grants for AT program the Federal Register concerning each conduct the following state-level and Agency Information Collection proposed collection of information, state leadership activities: State Activities; Proposed Collection; Public including each proposed extension or financing, device demonstration, device Comment Request; Revision of a update of an existing collection of loans, device reutilization, training and Currently Approved Information information, before submitting the technical assistance, public awareness, Collection (OMB Approval Number collection to OMB for approval. The and information and referral. 0985–0042); State Grant for Assistive proposed data collection represents a Technology Program Annual Progress revision of a currently approved Comments in Response to the 60-Day Report (AT APR) information collection. In order to Federal Register Notice comply with the above requirement, A 60-Day notice was published in the AGENCY: Administration for Community ACL is requesting approval of an update Living, Department of Health and Federal Register in Vol. 82, No. 135, pg. of a previously approved collection, the Human Services. 32710, on July 17th, 2017. ACL received State Grants for Assistive Technology one comment from the Association of ACTION: Notice. Program Annual Progress Report (AT Assistive Technology Act Programs SUMMARY: The Administration for APR), formerly the 572 Report (0985– (ATAP), which represents 54 State Community Living (ACL) is announcing 0042). Grant for AT programs. The comment that the proposed collection of The AT APR is submitted annually by noted that the proposed changes to the information listed above has been all State Grants for AT programs currently approved information submitted to the Office of Management receiving formula funds under Section 4 collection were developed with and Budget (OMB) for review and of the Assistive Technology Act of 1998, extensive input of those it directly clearance as required under the as Amended (AT Act). The AT APR is impacts, the State AT Program grantees. Paperwork Reduction Act of 1995 (the used by ACL to assess grantees’ The revision process began over two PRA). This 30-day notice requests compliance with Section 4 of the AT years ago and grantees had multiple comments on the information collection Act, with section 1329 of the Code of opportunities to discuss and make requirements related to a proposed Federal Regulations, and with recommendations on the proposed Revision of a Currently Approved applicable provisions of the HHS changes, which were reviewed during Information Collection (ICR-Rev). The regulations at 45 CFR part 75. The AT numerous meetings with ATAP revision would allow ACL to continue APR enables ACL to analyze qualitative membership at national conferences and to collect information necessary to and quantitative data to track during online events. There is uniform determine grantee compliance with performance outcomes and efficiency support within the ATAP membership Section 4 of the Assistive Technology measures of the State Grants for AT for the revisions. Act of 1998, as Amended (AT Act). programs; support budget requests; comply with the GPRA Modernization Annual Burden Estimates DATES: Submit written comments on the Act of 2010 (GPRAMA) reporting The proposed State Grants for collection of information by November requirements; provide national Assistive Technology Program Annual 3, 2017. benchmark information; and inform Progress Report (AT APR) may be found ADDRESSES: Submit written comments program development and management on the ACL Web site at: https:// on the collection of information: by fax activities. This information collection www.acl.gov/about-acl/public-input. _ at (202) 395–5806 or by email to OIRA has 3 pieces: (a) Web-based system that The total estimated hour burden per [email protected], Attn: OMB collects data from states; (b) respondent for the proposed AT APR Desk Officer for ACL. performance measure survey on the will decrease from the 406 hours per FOR FURTHER INFORMATION CONTACT: access and acquisition of AT devices respondent estimated in FY 2014 to 404 Robert Groenendaal at (202) 795–7356 and services that states collect from hours estimated for FY 2017, an or [email protected]. individuals; and, (c) customer estimated reduction of two hours per SUPPLEMENTARY INFORMATION: Under the satisfaction survey that states collect respondent or 112 in total. These are in PRA (44 U.S.C. 3501–3520), Federal from individuals on their experiences addition to reductions made during the agencies must obtain approval from the accessing and acquiring AT through the last information collection process. The Office of Management and Budget State AT program. The burden table reduction in burden is a result of a data

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collection workgroup composed of State separate module has been created for all to more electronic information sharing, AT program staff that met with ACL on the General Information for State AT quantified public awareness data is several occasions to suggest revisions to programs that is consistent between the difficult to report for all grantees and the current instrument. The workgroup AT APR and the State Plan for AT. Data aggregate data is not useful. This change identified minor changes in several will be entered once and from that point will allow for qualitative data that is sections of the instrument, including the forward only updates will be needed, more helpful in understanding the reporting of state-level and state which will streamline the data entry activities conducted. The workgroup leadership activities. For example, AT process for grantees. The Public solicited feedback from all of the Device Reassignment and Open-Ended Awareness table with numeric data has grantees through face-to-face meetings Loan have been combined into a single been replaced with two narrative text and webinar presentations. The number line in ‘‘A. Recipient Table.’’ This boxes. Numeric data reported in this of hours is multiplied by 56 AT State update aligns the AT APR with the State section has been historically estimated Grants programs, resulting in a total Plan for AT structure and will with little consistency in how data is streamline data reporting by grantees. A reported between grantees. With a shift estimated hour burden of 22,624 hours.

Responses Annual Respondent/data collection activity Number of per Hours per burden respondents respondent response hours

State Grants for AT Annual Progress Report (AT APR) ...... 56 1 80.0 4,480 Performance Measure Surveys ...... 56 1 54.0 3,024 Customer Satisfaction Surveys ...... 56 1 54.0 3,024 Data Entry for the Instruments ...... 56 1 208.0 11,648 Record Keeping Burden ...... 56 1 8.0 448

Total ...... 56 1 404.0 22,624

Estimated Total Annual Burden solicits comments on the content and confidential business information, such Hours: 22,624. format requirements for pregnancy and as a manufacturing process. Please note Dated: September 27, 2017. lactation labeling for human that if you include your name, contact information, or other information that Mary Lazare, prescription drugs and biological products. identifies you in the body of your Principal Deputy Administrator. comments, that information will be [FR Doc. 2017–21259 Filed 10–3–17; 8:45 am] DATES: Submit either electronic or written comments on the collection of posted on https://www.regulations.gov. BILLING CODE 4154–01–P • If you want to submit a comment information by December 4, 2017. with confidential information that you ADDRESSES: You may submit comments do not wish to be made available to the DEPARTMENT OF HEALTH AND as follows. Please note that late, public, submit the comment as a HUMAN SERVICES untimely filed comments will not be written/paper submission and in the considered. Electronic comments must Food and Drug Administration manner detailed (see ‘‘Written/Paper be submitted on or before December 4, Submissions’’ and ‘‘Instructions’’). 2017. The https://www.regulations.gov [Docket No. FDA–2017–N–5624] electronic filing system will accept Written/Paper Submissions Agency Information Collection comments until midnight Eastern Time Submit written/paper submissions as Activities; Proposed Collection; at the end of December 4, 2017. follows: • Comment Request; Content and Comments received by mail/hand Mail/Hand delivery/Courier (for Format of Labeling for Human delivery/courier (for written/paper written/paper submissions): Dockets Prescription Drugs and Biological submissions) will be considered timely Management Staff (HFA–305), Food and Products; Requirements for Pregnancy if they are postmarked or the delivery Drug Administration, 5630 Fishers and Lactation Labeling service acceptance receipt is on or Lane, Rm. 1061, Rockville, MD 20852. before that date. • For written/paper comments AGENCY: Food and Drug Administration, submitted to the Dockets Management HHS. Electronic Submissions Staff, FDA will post your comment, as ACTION: Notice. Submit electronic comments in the well as any attachments, except for following way: information submitted, marked and SUMMARY: The Food and Drug • Federal eRulemaking Portal: identified, as confidential, if submitted Administration (FDA or Agency) is https://www.regulations.gov. Follow the as detailed in ‘‘Instructions.’’ announcing an opportunity for public instructions for submitting comments. Instructions: All submissions received comment on the proposed collection of Comments submitted electronically, must include the Docket No. FDA– certain information by the Agency. including attachments, to https:// 2017–N–5624 for ‘‘Agency Information Under the Paperwork Reduction Act of www.regulations.gov will be posted to Collection Activities; Proposed 1995 (PRA), Federal Agencies are the docket unchanged. Because your Collection; Comment Request; Content required to publish notice in the comment will be made public, you are and Format of Labeling for Human Federal Register concerning each solely responsible for ensuring that your Prescription Drugs and Biological proposed collection of information, comment does not include any Products; Requirements for Pregnancy including each proposed extension of an confidential information that you or a and Lactation Labeling.’’ Received existing collection of information, and third party may not wish to be posted, comments, those filed in a timely to allow 60 days for public comment in such as medical information, your or manner (see ADDRESSES), will be placed response to the notice. This notice anyone else’s Social Security number, or in the docket and, except for those

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submitted as ‘‘Confidential and includes Agency requests or use of drugs during pregnancy and Submissions,’’ publicly viewable at requirements that members of the public lactation. The final rule eliminated the https://www.regulations.gov or at the submit reports, keep records, or provide pregnancy categories A, B, C, D, and X. Dockets Management Staff between 9 information to a third party. Section In addition, FDA eliminated the ‘‘Labor a.m. and 4 p.m., Monday through 3506(c)(2)(A) of the PRA (44 U.S.C. and delivery’’ subsection because the Friday. 3506(c)(2)(A)) requires Federal Agencies ‘‘Pregnancy’’ subsection includes • Confidential Submissions—To to provide a 60-day notice in the information on labor and delivery. The submit a comment with confidential Federal Register concerning each final rule also required that labeling information that you do not wish to be proposed collection of information, include relevant information about made publicly available, submit your including each proposed extension of an pregnancy testing, contraception, and comments only as a written/paper existing collection of information, infertility for health care providers submission. You should submit two before submitting the collection to OMB prescribing for females and males of copies total. One copy will include the for approval. To comply with this reproductive potential. In addition, the information you claim to be confidential requirement, FDA is publishing notice final rule provided for a 10-year with a heading or cover note that states of the proposed collection of implementation schedule for ‘‘THIS DOCUMENT CONTAINS information set forth in this document. compliance with the relevant CONFIDENTIAL INFORMATION.’’ The With respect to the following regulations. As the implementation Agency will review this copy, including collection of information, FDA invites schedule is realized, FDA plans to the claimed confidential information, in comments on these topics: (1) Whether discontinue this separate information its consideration of comments. The the proposed collection of information collection and incorporate the second copy, which will have the is necessary for the proper performance provisions into existing collections, as claimed confidential information of FDA’s functions, including whether appropriate. redacted/blacked out, will be available the information will have practical The content and format requirements for public viewing and posted on utility; (2) the accuracy of FDA’s apply to: • https://www.regulations.gov. Submit estimate of the burden of the proposed Applications submitted on or after both copies to the Dockets Management collection of information, including the June 30, 2015 (§§ 314.50 (21 CFR Staff. If you do not wish your name and validity of the methodology and 314.50), 314.70(b), 601.2 (21 CFR 601.2), contact information to be made publicly and 601.12(f)(1)); assumptions used; (3) ways to enhance • available, you can provide this the quality, utility, and clarity of the amendments to applications information on the cover sheet and not information to be collected; and (4) pending on June 30, 2015 (§§ 314.60 (21 CFR 314.60), 601.2, and 601.12(f)(1)); in the body of your comments and you ways to minimize the burden of the • must identify this information as collection of information on supplements to applications ‘‘confidential.’’ Any information marked respondents, including through the use approved from June 30, 2001 to June 30, as ‘‘confidential’’ will not be disclosed of automated collection techniques, 2015 (§§ 314.70(b) and 601.12(f)(1)); and • annual reports for applications except in accordance with 21 CFR 10.20 when appropriate, and other forms of approved before June 30, 2001, that and other applicable disclosure law. For information technology. more information about FDA’s posting contain a pregnancy category, to report of comments to public dockets, see 80 Content and Format of Labeling for removal of the pregnancy category letter FR 56469, September 18, 2015, or access Human Prescription Drugs and in their labeling (§§ 314.70(d) and the information at: https://www.gpo.gov/ Biological Products; Requirements for 601.12(f)(3)). Under 21 CFR 201.57(c)(9)(i) and (ii)), fdsys/pkg/FR-2015-09-18/pdf/2015- Pregnancy and Lactation Labeling holders of approved applications must 23389.pdf. OMB Control Number 0910–0624— provide new labeling content in a new Docket: For access to the docket to Extension format—that is, to rewrite the pregnancy read background documents or the This information collection supports electronic and written/paper comments and lactation portions of each drug’s Agency regulations regarding the labeling. Section 201.57(c)(9)(iii) received, go to https:// content and format requirements for www.regulations.gov and insert the requires that labeling must include the pregnancy and lactation labeling. In the new subsection 8.3, ‘‘Females and males docket number, found in brackets in the Federal Register of December 4, 2014 heading of this document, into the of reproductive potential.’’ Application (79 FR 72064), FDA published a final holders are required to submit prior ‘‘Search’’ box and follow the prompts rule entitled ‘‘Content and Format of and/or go to the Dockets Management approval supplements to their approved Labeling for Human Prescription Drug applications before distribution of the Staff, 5630 Fishers Lane, Rm. 1061, and Biological Products; Requirements Rockville, MD 20852. new labeling, as required in § 314.70(b) for Pregnancy and Lactation Labeling.’’ (21 CFR 314.70(b)) or § 601.12(f)(1) (21 FOR FURTHER INFORMATION, CONTACT: The final rule amended FDA regulations CFR 601.12(f)(1)). Domini Bean, Office of Operations, concerning the content and format of Under 21 CFR 201.80(f)(6)(i), holders Food and Drug Administration, Three the ‘‘Pregnancy,’’ ‘‘Labor and delivery,’’ of approved applications are required to White Flint North, 10A–12M, 11601 and ‘‘Nursing mothers’’ subsections of remove the pregnancy category Landsdown St., North Bethesda, MD the ‘‘Use in Specific Populations’’ designation (e.g., ‘‘Pregnancy Category 20852, 301–796–5733, PRAStaff@ section of the labeling for human C’’) from the ‘‘Pregnancy’’ subsection of fda.hhs.gov. prescription drugs. The regulations now the ‘‘Precautions’’ section of the SUPPLEMENTARY INFORMATION: Under the require, among other things, a summary labeling. These application holders PRA (44 U.S.C. 3501–3520), Federal of the risks of using a drug during must report the labeling change in their Agencies must obtain approval from the pregnancy and lactation and a annual reports, as required in Office of Management and Budget discussion of the data supporting that § 314.70(d) or § 601.12(f)(3). (OMB) for each collection of summary. The labeling must also As indicated in Tables 1 and 2 of this information they conduct or sponsor. include relevant information to help document, we estimate that the burden ‘‘Collection of information’’ is defined health care providers make prescribing associated with the information in U.S.C. 3502(3) and 5 CFR 1320.3(c) decisions and counsel women about the collection to be 1,598,000 hours.

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FDA estimates the burden of this collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Type of submission Number of responses per Total annual burden per Total (21 CFR section) respondents respondent responses response hours

Supplements to applications approved 6/30/01 390 26 10,140 (Submitted 3rd, 120 1,216,800 to 6/30/15 (§§ 314.70(b), 601.12(f)(1)). 4th, and 5th years after 6/30/15). Annual report submission of revised labeling 320 ∼17 5,500 (Submitted 3rd 40 220,000 for applications that contain a pregnancy cat- year after 6/30/15). egory, approved before 6/30/01 (§§ 314.70(d), 601.12(f)(3)).

Total ...... 1,436,800 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Average Type of submission Number of disclosures Total annual burden per Total (21 CFR section) respondents per respondent disclosures disclosure hours

New Drug Applications (NDAs)/Abbreviated 390 ∼10 4,000 (Submitted during 40 160,000 New Drug Applications (ANDAs)/Biologics Li- 10-year period after cense Applications (BLAs)/efficacy supple- 6/30/15). ments submitted on or after 6/30/15, including amendments to applications pending as of 6/ 30/15 (§§ 314.50) 314.60, 314.70(b), 601.2, 601.12(f)(1)). 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA estimates that approximately In addition, during the 3rd, 4th, and Dated: September 28, 2017. 4,000 applications containing the 5th years after the effective date of the Anna K. Abram, subject labeling will be submitted by final rule, the Agency estimates that it Deputy Commissioner for Policy, Planning, approximately 390 applicants and will receive approximately 10,150 Legislation, and Analysis. repackagers and relabelers to FDA over supplements to applications that were [FR Doc. 2017–21292 Filed 10–3–17; 8:45 am] the 10-year period beginning June 30, either approved from June 30, 2001, to BILLING CODE 4164–01–P 2015. This figure (4,000 applications) the effective date or were pending as of includes labeling for approximately 800 the effective date. This estimate applications submitted under section includes supplements for approximately DEPARTMENT OF HEALTH AND 505(b) of the Federal Food, Drug, and 1,080 NDAs, BLAs, and efficacy HUMAN SERVICES Cosmetic Act (FD&C Act) (21 U.S.C. supplements; 1,320 ANDA 505(b)) or section 351 of the Public supplements; and 7,750 drug product Food and Drug Administration Health Service Act (42 U.S.C. 262), labeling supplements from repackagers [Docket No. FDA–2017–N–0001] 1,200 applications submitted under and relabelers. FDA estimates that section 505(j) of the FD&C Act, and approximately 390 application holders, Patient Engagement Advisory 2,000 revised drug product labeling repackagers, and relabelers will submit Committee; Amendment of Notice from repackagers and relabelers for these supplements, and that it will take approximately 2,000 applications. This AGENCY: Food and Drug Administration, approximately 120 hours to prepare and HHS. estimate also includes labeling submit each supplement. amendments submitted to FDA for ACTION: Notice; amendment. applications pending as of the effective FDA also estimates that application date of the final rule. FDA estimates that holders will submit approximately SUMMARY: The Food and Drug it will take applicants approximately 40 5,500 annual reports to FDA during the Administration (FDA) is announcing hours to prepare and submit the subject third year after the effective date for amendments to the notice of meeting of labeling. This estimate applies only to applications that contain a pregnancy the Patient Engagement Advisory the requirements of the final rule and category, approved before June 30, 2001. Committee. This meeting was does not indicate the total hours This estimate includes approximately announced in the Federal Register of required to prepare and submit 1,340 NDAs and BLAs, and July 26, 2017. The amendments are complete labeling for these applications. approximately 4,160 ANDAs containing being made to reflect time changes in The information collection burden to labeling changes as a result of the final the DATES and Procedure sections and to prepare and submit labeling in rule. FDA estimates that approximately add Webcast Information to the accordance with §§ 201.56 (21 CFR 320 application holders will submit document. There are no other changes. 201.56), 201.57, and 201.80 is approved these annual reports, and that it will FOR FURTHER INFORMATION CONTACT: by OMB under control numbers 0910– take approximately 40 hours for each Letise Williams, Center for Devices and 0572 and 0910–0001. submission. Radiological Health, Food and Drug

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Administration, 10903 New Hampshire DEPARTMENT OF HEALTH AND controls for p85 immunoprecipitation Ave., Bldg. 66, Rm. 5441, Silver Spring, HUMAN SERVICES by using three bands representing 2 MD 20993–0002, 301–796–8398; or FDA normal glucose and 1 high glucose Advisory Committee Information Line, Office of the Secretary treatments, flipping them horizontally 1–800–741–8138 (301–443–0572 in the (mirror images) to also represent 2 high Findings of Research Misconduct Washington, DC area), code PEAC. glucose and 1 peroxynitrite treatments. 3. Figure 4B, J Cell Sci. 2005, to Please call the Information Line for up- AGENCY: Office of the Secretary, HHS. to-date information on this meeting. represent p85 immunoprecipitations ACTION: Notice. from retinal endothelial cells stimulated SUPPLEMENTARY INFORMATION: In the SUMMARY: Notice is hereby given that with VEGF and also cells treated with Federal Register of July 26, 2017 (82 FR the Office of Research Integrity (ORI) either high glucose or peroxynitrite. 4. Figure 4A, PLoS One 2013, to 34681), FDA announced that a meeting has taken final action in the following represent immunoprecipitations for of the Patient Engagement Advisory case: phosphorylated GSK-3 (p-GSK-3) in Committee would be held on October 11 Azza El-Remessy, Ph.D., University of cells with normal glucose or high and 12, 2017. On page 34681, in the Georgia, College of Pharmacy: Based on glucose for day 1 and to also represent third column, the DATES section is the report of an investigation conducted cells treated with VEGF or VEGF+VEGFI changed to reflect the time of these by the University of Georgia, College of (inhibitor); the Respondent also meetings on the announced dates. Pharmacy (UGCP) and additional duplicated GSK-3 controls by using the analysis conducted by ORI in its On page 34682, in the first column, in same bands to represent high glucose oversight review, ORI found that Dr. the Procedure section, the third treatment for day 1 and day 3 sentence is changed to reflect new times Azza El-Remessy, former Associate treatments, flipping them horizontally, for oral presentations on October 11 and Professor, Department of Clinical and to also represent for VEGF and VEGFRI 12. Administrative Pharmacy, UGCP, treatments. engaged in research misconduct in 5. Figure 3, FASEB J. 2007, to On page 34682, in the second column, research supported by National Eye a Webcast Information section is added represent phosphorylated VEGF2 (P- Institute (NEI), National Institutes of VEGF2) protein expression in before the last paragraph of the Health (NIH), grants R01 EY011766, R01 document. The amendments read as microvascular endothelial cells in: EY022408, and R01 EY04618, National Lanes 1 and 8, lanes 2 and 5, and lanes follows: Heart, Lung, and Blood Institute 6 and 7, where each lane represents DATES: The meeting will be held on (NHLBI), NIH, grant R01 HL056259, and different experimental conditions. October 11, 2017, from 12:30 p.m. to 6 National Cancer Institute (NCI), NIH, Dr. El-Remessy entered into a p.m. and October 12, 2017, from 8 a.m. grant K01 CA89689. Voluntary Settlement Agreement to 5 p.m. ORI found that false Western blot data (Agreement) to resolve this matter were included in: without further expenditure of time or Procedure: Oral presentations from • J Cell Sci. 118(Pt. 1):243–52, 2005 other resources. Dr. El-Remessy accepts the public will be scheduled between (hereafter referred to as ‘‘J Cell Sci. ORI’s findings of research misconduct approximately 2:30 p.m. to 3 p.m. on 2005’’). Retraction in: J Cell Sci. as set forth above but neither admits nor October 11, 2017, and approximately 1 129(16):3203, 2016. denies ORI’s findings of research p.m. to 2:30 p.m. on October 12, 2017. • FASEB J. 21(10):2528–39, 2007 misconduct. The settlement is not an Webcast Information: This meeting (hereafter referred to as ‘‘FASEB J. admission of liability on the part of the will also be made available to the public 2007’’). Retraction in: FASEB J. Respondent. Dr. El-Remessy voluntarily via webcast. The links for the webcasts 31(1):421, 2017. agreed, beginning on September 12, • are below: October 11, 2017: ‘‘Patient PLoS One 8(8):e71868, 2013 2017: Engagement Advisory Committee (hereafter referred to as ‘‘PLoS One (1) To have her research supervised Meeting, Day 1,’’ https:// 2013’’). for a period of three (3) years beginning event.webcasts.com/ As a result of its investigation, UGCP with the effective date of the Agreement; starthere.jsp?ei=1157277&tp_ recommended that PLoS One 2013 be Respondent agreed that prior to the key=5580d0c7a5. October 12, 2017: corrected. As a result of the submission of an application for U.S. ‘‘Patient Engagement Advisory investigation, J Cell Sci. 2005 and Public Health Service (PHS) support for FASEB J. 2007 have been retracted. Committee Meeting, Day 2,’’ Morning a research project on which the ORI found that Respondent Session—https://event.webcasts.com/ Respondent’s participation is proposed intentionally, knowingly, or recklessly starthere.jsp?ei=1157280&tp_ and prior to Respondent’s participation used the same Western blot bands to in any capacity on PHS-supported key=dfcde848fe; and Afternoon represent different experimental results. research, Respondent shall ensure that a Session—https://event.webcasts.com/ Specifically, Respondent reused and plan for supervision of Respondent’s starthere.jsp?ei=1157282&tp_ relabeled bands in: duties is submitted to ORI for approval; key=6d832a247e. 1. Figure 3B, J Cell Sci. 2005, to the supervision plan must be designed This notice is issued under the represent p38 bands from retinal to ensure the scientific integrity of Federal Advisory Committee Act (5 cultured endothelial cells in high Respondent’s research contribution; U.S.C. app. 2) and 21 CFR part 14, glucose in the absence of exogenous Respondent agreed that she shall not relating to the advisory committees. VEGF and also cells in peroxynitrite in participate in any PHS-supported the presence of exogenous VEGF. Dated: September 29, 2017. research until such a supervision plan is 2. Figure 4A, J Cell Sci. 2005, to submitted to and approved by ORI; Anna K. Abram, represent nitrotyrosine Respondent agreed to maintain Deputy Commissioner for Policy, Planning, immunoprecipitations from retinal responsibility for compliance with the Legislation, and Analysis. endothelial cells cultured in normal agreed upon supervision plan; [FR Doc. 2017–21317 Filed 10–3–17; 8:45 am] glucose in the presence or absence of (2) that for three (3) years beginning BILLING CODE 4164–01–P FeTTP; the Respondent also duplicated with the effective date of the Agreement,

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any institution employing her shall Rockville, MD 20852 (Telephone Conference Place: National Institutes of Health, submit, in conjunction with each Call). Neuroscience Center, 6001 Executive application for PHS funds, or report, Contact Person: Rudy O. Pozzatti, Ph.D., Boulevard, Rockville, MD 20852. manuscript, or abstract involving PHS- Scientific Review Officer, Scientific Review Contact Person: Susan O. McGuire, Ph.D., Branch, National Human Genome Research Scientific Review Officer, Office of supported research in which Institute, 5635 Fishers Lane, Suite 4076, MSC Extramural Policy and Review, National Respondent is involved, a certification 9306, Rockville, MD 20852, (301) 402–0838, Institute on Drug Abuse, National Institutes to ORI that the data provided by [email protected]. of Health, DHHS, 6001 Executive Blvd., Respondent are based on actual (Catalogue of Federal Domestic Assistance Room 4245, Rockville, MD 20852, (301) 827– experiments or are otherwise Program Nos. 93.172, Human Genome 5817, [email protected]. legitimately derived and that the data, Research, National Institutes of Health, HHS) Name of Committee: National Institute on procedures, and methodology are Drug Abuse Special Emphasis Panel; NIH Dated: September 28, 2017. accurately reported in the application, Pathway to Independence Award (K99/R00). report, manuscript, or abstract; Sylvia L. Neal, Date: October 25, 2017. (3) to exclude herself voluntarily from Program Analyst, Office of Federal Advisory Time: 1:00 p.m. to 5:00 p.m. serving in any advisory capacity to PHS Committee Policy. Agenda: To review and evaluate grant [FR Doc. 2017–21263 Filed 10–3–17; 8:45 am] applications. including, but not limited to, service on Place: National Institutes of Health, BILLING CODE 4140–01–P any PHS advisory committee, board, Neuroscience Center, 6001 Executive and/or peer review committee, or as a Boulevard, Rockville, MD 20852. consultant for a period of three (3) years, Contact Person: Susan O. McGuire, Ph.D., beginning with the effective date of the DEPARTMENT OF HEALTH AND Scientific Review Officer, Office of Agreement; and HUMAN SERVICES Extramural Policy and Review, National (4) that as a condition of the Institute on Drug Abuse, National Institutes National Institutes of Health Agreement, Respondent will request of Health, DHHS, 6001 Executive Blvd., Room 4245, Rockville, MD 20852, (301) 827– that PLoS One 8(8):e71868, 2013 be National Institute on Drug Abuse; corrected or retracted. 5817, [email protected]. Notice of Closed Meetings Name of Committee: National Institute on FOR FURTHER INFORMATION CONTACT: Drug Abuse Special Emphasis Panel; (T32) Director, Office of Research Integrity, Pursuant to section 10(d) of the Federal Advisory Committee Act, as Ruth L. Kirschstein National Research 1101 Wootton Parkway, Suite 750, Service Award (NRSA) Institutional Research Rockville, MD 20852, (240) 453–8200. amended, notice is hereby given of the Training Grants. following meetings. Date: October 26–27, 2017. Kathryn M. Partin, The meetings will be closed to the Time: 8:00 a.m. to 5:00 p.m. Director, Office of Research Integrity. public in accordance with the Agenda: To review and evaluate grant [FR Doc. 2017–21367 Filed 10–3–17; 8:45 am] provisions set forth in sections applications. BILLING CODE 4150–31–P 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Institutes of Health, as amended. The grant applications and Neuroscience Center, 6001 Executive the discussions could disclose Boulevard, Rockville, MD 20852. DEPARTMENT OF HEALTH AND confidential trade secrets or commercial Contact Person: Susan O. McGuire, Ph.D. HUMAN SERVICES property such as patentable material, Scientific Review Officer, Office of Extramural Policy and Review, National and personal information concerning National Institutes of Health Institute on Drug Abuse, National Institutes individuals associated with the grant of Health, DHHS, 6001 Executive Blvd., applications, the disclosure of which National Human Genome Research Room 4245, Rockville, MD 20852, (301) 827– would constitute a clearly unwarranted 5817, [email protected]. Institute; Notice of Closed Meeting invasion of personal privacy. Name of Committee: National Institute on Pursuant to section 10(d) of the Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Federal Advisory Committee Act, as Drug Abuse Special Emphasis Panel; Multi- Exploring Novel RNA Modifications in HIV/ amended, notice is hereby given of the site Clinical Trials. AIDS and Substance Use Disorders (R01, following meeting. Date: October 19, 2017. R21). The meeting will be closed to the Time: 1:00 p.m. to 5:00 p.m. Date: November 1, 2017. Time: 9:00 a.m. to 5:00 p.m. public in accordance with the Agenda: To review and evaluate grant applications. Agenda: To review and evaluate grant provisions set forth in sections Place: National Institutes of Health, applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neuroscience Center, 6001 Executive Place: National Institutes of Health, as amended. The grant applications and Boulevard, Rockville, MD 20852, (Telephone Neuroscience Center, 6001 Executive the discussions could disclose Conference Call). Boulevard, Rockville, MD 20852, confidential trade secrets or commercial Contact Person: Shang-Yi Anne Tsai, Contact Person: Susan O. McGuire, Ph.D., property such as patentable material, Ph.D., Scientific Review Officer, Office of Scientific Review Officer, Office of and personal information concerning Extramural Policy and Review, Division of Extramural Policy and Review, National individuals associated with the grant Extramural Research, National Institute on Institute on Drug Abuse, National Institutes of Health, DHHS, 6001 Executive Blvd., applications, the disclosure of which Drug Abuse, NIH, DHHS, 6001 Executive Boulevard, Room 4228, MSC 9550, Bethesda, Room 4245, Rockville, MD 20852, (301) 827– would constitute a clearly unwarranted MD 20892, 301–827–5842, shangyi.tsai@ 5817, [email protected]. invasion of personal privacy. nih.gov. Name of Committee: National Institute on Name of Committee: National Human Name of Committee: National Institute on Drug Abuse Special Emphasis Panel; Cutting- Genome Research Institute Special Emphasis Drug Abuse Special Emphasis Panel; NIDA Edge Basic Research Awards (CEBRA) (R21). Panel, SEP U24 Research Resource. Mentored Clinical Scientists Development Date: November 29, 2017. Date: November 30, 2017. Program Award in Drug Abuse and Time: 9:00 a.m. to 5:00 p.m. Time: 11:00 a.m. to 2:00 p.m. Addiction (K12). Agenda: To review and evaluate grant Agenda: To review and evaluate grant Date: October 25, 2017. applications. applications. Time: 9:00 a.m. to 12:00 p.m. Place: Bethesda North Marriott Hotel & Place: National Human Genome Research Agenda: To review and evaluate grant Conference Center, 5701 Marinelli Road, Institute, 5635 Fishers Lane, Suite 3146, applications. Bethesda, MD 20852.

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Contact Person: Shang-Yi Anne Tsai, Dated: September 28, 2017. DEPARTMENT OF HEALTH AND Ph.D., Scientific Review Officer, Office of Natasha M. Copeland, HUMAN SERVICES Extramural Policy and Review, Division of Program Analyst, Office of Federal Advisory Extramural Research, National Institute on National Institutes of Health Drug Abuse, NIH, DHHS, 6001 Executive Committee Policy. Boulevard, Room 4228, MSC 9550, Bethesda, [FR Doc. 2017–21264 Filed 10–3–17; 8:45 am] Submission for OMB Review; 30-Day MD 20892, 301–827–5842, shangyi.tsai@ BILLING CODE 4140–01–P nih.gov. Comment Request, The National Institute of Mental Health Data Archive (Catalogue of Federal Domestic Assistance (NDA), National Institute of Mental Program Nos.: 93.279, Drug Abuse and DEPARTMENT OF HEALTH AND Addiction Research Programs, National Health Institutes of Health, HHS) HUMAN SERVICES AGENCY: National Institutes of Health. Dated: September 28, 2017. National Institutes of Health ACTION: Notice. Natasha M. Copeland, Program Analyst, Office of Federal Advisory National Institute on Drug Abuse; SUMMARY: In compliance with the Committee Policy. Notice of Closed Meeting Paperwork Reduction Act of 1995, the [FR Doc. 2017–21265 Filed 10–3–17; 8:45 am] National Institutes of Health (NIH) has BILLING CODE 4140–01–P Pursuant to section 10(d) of the submitted to the Office of Management Federal Advisory Committee Act, as and Budget (OMB) a request for review amended, notice is hereby given of the and approval of the information DEPARTMENT OF HEALTH AND following meeting of the Board of collection listed below. This proposed HUMAN SERVICES Scientific Counselors, NIDA. information collection was previously published in the Federal Register on The meeting will be closed to the National Institutes of Health July 11, 2017, and allowed 60 days for public as indicated below in accordance public comment. No public comments National Institute of Allergy and with the provisions set forth in section were received. The purpose of this Infectious Diseases; Notice of Closed 552b(c)(6), Title 5 U.S.C., as amended notice is to allow an additional 30 days Meeting for the review, discussion, and for public comment. evaluation of individual intramural Pursuant to section 10(d) of the DATES: Comments regarding this Federal Advisory Committee Act, as programs and projects conducted by the information collection are best assured amended, notice is hereby given of a National Institute on Drug Abuse, of having their full effect if received meeting of Microbiology, Infectious including consideration of personnel within 30-days of the date of this Diseases and AIDS Initial Review Group qualifications and performance, and the publication. Microbiology and Infectious Diseases competence of individual investigators, ADDRESSES: Written comments and/or Research Committee. the disclosure of which would suggestions regarding the item(s) The meeting will be closed to the constitute a clearly unwarranted contained in this notice, especially public in accordance with the invasion of personal privacy. regarding the estimated public burden provisions set forth in sections Name of Committee: Board of Scientific and associated response time, should be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Counselors, NIDA. directed to the: Office of Management as amended. The grant applications and Date: November 7, 2017. and Budget, Office of Regulatory Affairs, the discussions could disclose Closed: 8:00 a.m. to 4:30 p.m. [email protected] or by confidential trade secrets or commercial Agenda: To review and evaluate personal fax to 202–395–6974, Attention: Desk property such as patentable material, qualifications and performance, and Officer for NIH. and personal information concerning competence of individual investigators. FOR FURTHER INFORMATION CONTACT: To individuals associated with the grant Place: Intramural Research Program, applications, the disclosure of which request more information on the National Institute on Drug Abuse, NIH, Johns proposed project or to obtain a copy of would constitute a clearly unwarranted Hopkins Bayview Campus, Baltimore, MD the data collection plans and invasion of personal privacy. 21223. instruments, contact: Melba Rojas, Contact Person: Joshua Kysiak, Program Name of Committee: Microbiology, NIMH Project Clearance Liaison, Infectious Diseases and AIDS Initial Review Specialist, Biomedical Research Center, Science Policy and Evaluation Branch, Group; Microbiology and Infectious Diseases Intramural Research Program, National Research Committee. Institute on Drug Abuse, NIH, DHHS, 251 Office of Science Policy, Planning and Date: October 30–31, 2017. Bayview Boulevard, Baltimore, MD 21224, Communications, NIMH, Neuroscience Time: 12:00 p.m. to 5:00 p.m. 443–740–2465, [email protected]. Center, 6001 Executive Boulevard, MSC Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance 9667, Bethesda, Maryland 20892, call applications. 301–443–4335, or email your request, Place: National Institutes of Health, 5601 Program Nos.: 93.279, Drug Abuse and Addiction Research Programs, National including your mailing address, to Fishers Lane, Rockville, MD 20892 (Virtual [email protected]. Meeting). Institutes of Health, HHS) Contact Person: Frank S. De Silva, Ph.D., Formal requests for additional plans and Scientific Review Officer, Scientific Review Dated: September 28, 2017. instruments must be requested in Program, Division of Extramural Activities, Natasha M. Copeland, writing. Room #3E72A, National Institutes of Health/ Program Analyst, Office of Federal Advisory SUPPLEMENTARY INFORMATION: The NIAID, 5601 Fishers Lane, MSC 9834, Committee Policy. National Institute of Mental Health Bethesda, MD 20892934, (240) 669–5023, [email protected]. [FR Doc. 2017–21266 Filed 10–3–17; 8:45 am] (NIMH), National Institutes of Health, may not conduct or sponsor, and the (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–P Program Nos. 93.855, Allergy, Immunology, respondent is not required to respond and Transplantation Research; 93.856, to, an information collection that has Microbiology and Infectious Diseases been extended, revised, or implemented Research, National Institutes of Health, HHS) on or after October 1, 1995, unless it

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displays a currently valid OMB control needs of the expanding resource, and to development, via the Data Submission number. change the repository name to the NIMH Agreement (DSA). The extensive In compliance with Section Data Archive (NDA). The NDA, formerly information stored in the NDA 3507(a)(1)(D) of the Paperwork known as the National Database for continues to provide a rare and valuable Reduction Act of 1995, the National Autism Research (NDAR), is an scientific resource to the field, and plays Institutes of Health (NIH) has submitted infrastructure that allows for the an integral part in fulfilling research to the Office of Management and Budget submission and storage of human objectives in multiple scientific (OMB) a request for review and subjects data from researchers domains. The NIH and the NIMH seek approval of the information collection conducting studies related to many to encourage use of the NDA by listed below. scientific domains, regardless of the investigators in the field of multiple Proposed Collection: The National source of funding. The NIH and NIMH scientific research domains to achieve Institute of Mental Health Data Archive developed this resource to allow for the rapid scientific progress. In order to take (NDA), REVISION, OMB Control public collection of information from: full advantage of this resource and Number 0925–0667, National Institute (1) Individuals who seek permission to maximize its research value, it is of Mental Health (NIMH), National access data from the NDA for the important that data are made broadly Institutes of Health (NIH). purpose of scientific investigation, available, on appropriate terms and Need and Use of Information scholarship or teaching, or other forms conditions, to the largest possible Collection: This REVISION request of research and research development, seeks approval of updates to the via the Data Use Certification (DUC), number of investigators. previously approved National Database and (2) individuals who request OMB approval is requested for 3 for Autism Research Data Access permission to submit data to the NDA years. There are no costs to respondents Request and Data Use Certification, to for the purpose of scientific other than their time. The total include additional terms/options for investigation, scholarship or teaching, estimated annualized burden hours are data submission and access to meet the or other forms of research and research 1,500.

ESTIMATED ANNUALIZED BURDEN HOURS

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

NDA Data Submission Agreement Researchers submitting data ...... 250 1 90/60 375 (DSA). NDA Data Use Certification (DUC) ... Researchers requesting access to 750 1 90/60 1125 data.

Total ...... 1000 1000 ...... 1500

Melba Rojas, apply, either directly or via a foreign to waive the Jones Act for a 10-day Project Clearance Liaison, NIMH, NIH. port’’ unless the vessel was built in and period, commencing immediately, to [FR Doc. 2017–21267 Filed 10–3–17; 8:45 am] documented under the laws of the facilitate movement of all products to be BILLING CODE 4140–01–P United States and is wholly owned by shipped from U.S. coastwise points to persons who are citizens of the United Puerto Rico. This waiver applies to States. Such a vessel, after obtaining a covered merchandise laded on board a DEPARTMENT OF HOMELAND coastwise endorsement from the U.S. vessel within the 10-day period of the SECURITY Coast Guard, is ‘‘coastwise-qualified.’’ waiver and delivered by October 18, The coastwise laws generally apply to 2017. Carriers or shippers who conduct Office of the Secretary points in the territorial sea, which is transportation pursuant to this waiver defined as the belt, three nautical miles Waiver of Compliance With Navigation should provide notice of the vessel, wide, seaward of the territorial sea dates of embarkation and Laws; Hurricane Maria baseline, and to points located in disembarkation, type and quantity of internal waters, landward of the AGENCY: Office of the Secretary, cargo, and port of embarkation to Department of Homeland Security. territorial sea baseline. The navigation laws, including the [email protected]. ACTION: Notice. coastwise laws, can be waived under the Executed this 28th day of September, 2017. Hurricane Maria struck Puerto Rico authority provided by 46 U.S.C. 501. Elaine C. Duke, resulting in widespread damage to its The statute provides in relevant part, Acting Secretary of Homeland Security. infrastructure. In light of this ‘‘On request of the Secretary of Defense, devastation, the Department of Defense the head of an agency responsible for [FR Doc. 2017–21283 Filed 10–3–17; 8:45 am] (DoD) has requested a 10-day waiver of the administration of the navigation or BILLING CODE 9111–14–P the Jones Act in the interest of national vessel-inspection laws shall waive defense, commencing immediately. compliance with those laws to the The Jones Act, 46 United States Code extent the Secretary considers necessary (U.S.C.) 55102, states ‘‘a vessel may not in the interest of national defense.’’ 46 provide any part of the transportation of U.S.C. 501(a). merchandise by water, or by land and For the reasons stated above, and in water, between points in the United light of the request from the Department States to which the coastwise laws of Defense, I am exercising my authority

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DEPARTMENT OF HOUSING AND was awarded to 687 recipients to improving their housing conditions, URBAN DEVELOPMENT coordinate the use of assistance under meeting their financial needs, and the Housing Choice Voucher (HCV) and fulfilling the responsibilities of tenancy [Docket No. FR–6000–FA–05; FR–6000–FA– 04; FR–6000–FA–14; FR–6000–FA–29; FR– Public Housing programs with public or homeownership. The list of grantees 6100–FA–12; FR–6100–FA–13; FR–6100– and private resources to enable selected under this NOFA are listed in FA–33] participating families to increase earned Appendix E of this notice. income and financial literacy, reduce or The FY2017 Lead-Based Paint Hazard Announcement of Funding Awards eliminate the need for welfare Control Grant Program competition was assistance, and make progress toward announced in the NOFA published on AGENCY: Office of Strategic Planning and economic independence and self- grants.gov on February 7, 2017, FR– Management, HUD. sufficiency. The list of grantees selected 6100–N–12, and which closed on March ACTION: Notice. under this NOFA are listed in Appendix 23, 2017. Applications were rated and SUMMARY: In accordance with the B of this notice. selected for funding based on selection Department of Housing and Urban The FY2016 Jobs Plus Initiative criteria contained in the NOFA. Development Reform Act of 1989, this competition was announced in the $66,448,640 was awarded to 28 announcement notifies the public of NOFA published on grants.gov on April recipients for units of state and local funding decisions made by the 11, 2016, FR–6000–N–14, and which government to implement Department in competitions for funding closed on June 13, 2016. Applications comprehensive programs to identify and under the Notices of Funding were rated and selected for funding remediate lead based paint hazards in Availability (NOFAs) for the following based on selection criteria contained in privately owned rental or owner programs: Fiscal Year (FY) 2016 the NOFA. $14,397,553 was awarded to occupied housing. The list of grantees Resident Opportunity and Self- six recipients to develop locally-based, selected under this NOFA are listed in Sufficiency Program; FY2016 Family job-driven approaches to increase Appendix F of this notice. The FY2017 Lead Hazard Reduction Self-Sufficiency Program; FY2016 Jobs earnings and advance employment Demonstration Grant Program Plus Initiative; FY2016 Research and outcomes through work readiness, competition was announced in the Evaluation, Demonstration, and Data employer linkages, job placement, NOFA published on grants.gov on Analysis and Utilization; FY2017 educational advancement technology February 7, 2017, FR–6100–N–13, and Comprehensive Housing Counseling skills, and financial literacy for which closed on March 23, 2017. Grant Program; FY2017 Lead-Based residents of public housing. The list of Applications were rated and selected for Paint Hazard Control Grant Program; grantees selected under this NOFA are funding based on selection criteria and FY2017 Lead Hazard Reduction listed in Appendix C of this notice. The FY2016 Research and Evaluation, contained in the NOFA. $60,327,424 Demonstration Grant Program. For Additional Information, Contact: Demonstration, and Data Analysis and was awarded to 20 recipients for units Office of Strategic Planning and Utilization competition was announced of state and local government to Management, Grants Management and in the NOFA published on grants.gov on implement comprehensive programs to February 10, 2017, FR–6000–N–29, and identify and remediate lead based paint Oversight Division at [email protected] which closed on May 11, 2017. hazards in privately owned rental or or the contact person listed in each Applications were rated and selected for owner occupied housing. HUD appendix. funding based on selection criteria recognizes that one of the applicants SUPPLEMENTARY INFORMATION: The contained in the NOFA. $2,899,177 was selected for award, the City of Houston, FY2016 Resident Opportunity and Self- awarded to four recipients for programs TX, has been subject to devastation Sufficiency Program competition was that seek to inform policy development caused by Hurricane Harvey and that announced in the NOFA published on and implementation to improve life in the City will be facing overwhelming grants.gov on March 31, 2016, FR–6000– American communities through challenges for an extended period. N–05, and which closed on May 16, conducting, supporting, and sharing Accordingly, and with the City’s 2016. Applications were rated and research, surveys, demonstrations, agreement, instead of considering selected for funding based on selection program evaluations, and best practices. obligating FY 2017/2018 funds for their criteria contained in the NOFA. Funding was awarded to conduct the grant, pending successful completion of $31,597,607 was awarded to 115 Accessible Housing and Technology negotiations, HUD will reserve FY 2018/ recipients to develop local coordination Research and Demonstration and 2019 funds when appropriated, of assistance under the Public Housing Technical Assistance Assessment. The apportioned, and allotted, for obligation program with public and private list of grantees selected under this pending successful completion of resources, for supportive services and NOFA are listed in Appendix D of this negotiations in FY 2018. The FY 2017/ resident empowerment activities. notice. 2018 funds will be used for other lead Service Coordinators link program The FY2017 Comprehensive Housing hazard control grants, as permitted by participants with the supportive Counseling Grant Program competition the Consolidated Appropriations Act, services needed to achieve self- was announced in the NOFA published 2017, specifically for additional partial sufficiency or remain independent. The on grants.gov on January 31, 2017, FR– funding of Lead-Based Paint Hazard list of grantees selected under this 6100–N–33, and which closed on March Control grants to the City of Brockton, NOFA are listed in Appendix A of this 17, 2017. Applications were rated and MA, and the Malden Redevelopment notice. selected for funding based on selection Authority, Malden, MA. The list of The FY2016 Family Self-Sufficiency criteria contained in the NOFA. grantees selected under this NOFA are Program competition was announced in $50,672,051 was awarded to 253 listed in Appendix G of this notice. the NOFA published on grants.gov on recipients to provide counseling and In accordance with section March 21, 2016, FR–6000–N–04, and advice to tenants and homeowners, both 102(a)(4)(C) of the Department of which closed on April 20, 2016. current and prospective, regarding Housing and Urban Development Applications were rated and selected for property maintenance, financial Reform Act of 1989 (103 Stat. 1987, 42 funding based on selection criteria management/literacy, and other matters U.S.C. 3545(a)(4)(C)), the Department is contained in the NOFA. $75,158,372 as may be appropriate to assist them in publishing the awardees and the

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amounts of these awards in Appendices [FR–6000–FA–04] Appendix A A–G to this document. [FR–6000–FA–14] FY2016 Resident Opportunity and Self- Dated: September 26, 2017. [FR–6000–FA–29] Sufficiency Program Henry Hensley, [FR–6100–FA–12] Contact: Tremayne Youmans; 202–402– Director, Office of Strategic Planning and 6621. Management. [FR–6100–FA–13] [FR–6000–FA–05] [FR–6100–FA–33]

Recipient Amount

Catholic Community Service ...... 419 Sixth Street ...... Juneau ...... AK 99801–1072 $224,298 Pribilof Islands Aleut Community of St. Paul Box 86 ...... St. Paul Island ...... AK 99660–0086 246,000 Island. Housing Authority of the Birmingham District 1826 3rd Ave. South .. Birmingham ...... AL 35233–1941 738,000 Housing Authority of the City of Eufaula ...... P.O. Box 36 ...... Eufaula ...... AL 36072–0000 165,800 Huntsville Housing Authority ...... 200 Washington Huntsville ...... AL 35804–0486 492,000 Street. City of Tucson ...... 310 N. Commerce Tucson ...... AZ 85726–7210 246,000 Park Loop Public Housing Auth. Divi- sion. Bishop Paiute Tribe ...... 50 Tu Su Lane ...... Bishop ...... CA 93514–8058 191,812 Housing Authority of the County of San Joa- 448 S. Center Street .. Stockton ...... CA 95203–3426 321,586 quin. Housing Authority of the County of Stanislaus 1701 Robertson Road Modesto ...... CA 95358–0033 246,000 Housing Program Services. Housing Authority of the County of Yolo ...... 147 West Main Street Woodland ...... CA 95695–2914 246,000 Client Services. North Lincoln Local Resident Council ...... 1401 Mariposa Street Denver ...... CO 80204–2503 200,545 Local Resident Council. Thomas Bean Local Resident Council ...... 2350 Cleveland Place Denver ...... CO 80205–3208 200,545 Local Resident Council. Callahan House Association ...... 32 Smith Street ...... Seymour ...... CT 06483–3738 246,000 Housing Authority of the City of Meriden ...... 22 Church St. Resi- Meriden ...... CT 06451–3256 246,000 dent Services De- partment. Housing Authority of the City of New Britain .. 16 Armistice St ...... New Britain ...... CT 06053–0000 246,000 West Haven Housing Authority ...... 15 Glade Street ...... West Haven ...... CT 06516–0000 246,000 Wilmington Housing Authority ...... 400 N Walnut Street .. Wilmington ...... DE 19802–1436 492,000 Housing Authority of Brevard County ...... 1401 Guava Ave ...... Melbourne ...... FL 32935–0000 233,938 Housing Authority of the City of Cocoa ...... 828 Stone Street ...... Cocoa ...... FL 32922–0000 246,000 Housing Authority of the City of Lakeland, 430 Hartsell Avenue .. Lakeland ...... FL 33815–4502 219,185 Florida. Housing Authority of the City of Winter Park 718 Margaret Square Winter Park ...... FL 32789–1932 222,710 Jacksonville Housing Authority ...... 1300 Broad Street Jacksonville ...... FL 32202–3938 655,200 North Resident Svcs. Manatee County Housing Authority ...... 5631 11th Street East Bradenton ...... FL 34203–5978 223,860 Orange Avenue United Tenants Association, 1700 Joe Louis St ...... Tallahassee ...... FL 32304–0000 220,198 Inc. Pahokee Housing Authority ...... 465 Friend Terrace .... Pahokee ...... FL 33476–1941 192,000 Pinellas County Housing Authority ...... 11479 Ulmerton Road Largo ...... FL 33778–1147 242,053 Sarasota Housing Authority Agency-wide 1300 Boulevard of the Sarasota ...... FL 34236–4967 209,612 Resident Council, Inc. Arts. Dublin Housing Authority ...... 500 West Mary Street Dublin ...... GA 31040–0036 205,689 Griffin Housing Authority ...... 518 Nine Oaks Drive Griffin ...... GA 30224–4169 187,614 Housing Authority of the City of College Park 2000 Princeton Ave- College Park ...... GA 30337–2412 246,000 nue. Housing Authority of the City of Gainesville ... 750 Pearl Nix Park- Gainesville ...... GA 30503–7016 244,000 way. Macon-Bibb County Housing Authority ...... 2015 Felton Avenue .. Macon ...... GA 31201–4928 410,482 Guam Housing and Urban Renewal Authority 117 Bien Venida Ave- Sinajana ...... GU 96910–4643 183,606 nue. Coeur d’Alene Tribal Housing Authority ...... 1005 8th St ...... Plummer ...... ID 83851 234,144 Central Advisory Council ...... 243 E. 32nd Street .... Chicago ...... IL 60616–3974 195,990 Housing Authority of Henry County ...... 125 N. Chestnut Kewanee ...... IL 61443–0125 188,761 Street. Peoria Housing Authority ...... 100 S. Richard Pryor Peoria ...... IL 61605–3905 246,000 Place. Springfield Housing Authority ...... 200 North Eleventh Springfield ...... IL 62703–1004 482,094 Street. Winnebago County Housing Authority ...... 3617 Delaware Street Rockford ...... IL 61102–1506 241,476

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Recipient Amount

Campbellsville Housing & Redevelopment 400 Ingram Ave ...... Campbellsville ...... KY 42718–1627 246,000 Authority. City of Lebanon dba Housing Authority of 101 Hamilton Heights Lebanon ...... KY 40033–1369 246,000 Lebanon. ROSS Service Co- ordinator. Housing Authority of Owensboro ...... 2161 East 19th Street Owensboro ...... KY 42303 228,053 Lexington-Fayette Urban County Housing Au- 300 W. New Circle Lexington ...... KY 40505–1428 230,727 thority. Road. Dillard University ...... 2601 Gentilly Blvd Of- New Orleans ...... LA 70122–3043 246,000 fice of Community Relations. Housing Authority of St. John the Baptist Par- 152 Joe Parquet Cir- LaPlace ...... LA 70068–0000 228,517 ish. cle. Brookline Housing Authority ...... 90 Longwood Ave ...... Brookline ...... MA 02446–0000 246,000 Framingham Housing Authority ...... 1 John J. Brady Drive Framingham ...... MA 01702–2307 246,000 Malden Housing Authority ...... 630 Salem Street ...... Malden ...... MA 02148–4361 246,000 Somerville Housing Authority ...... 30 Memorial Road ..... Somerville ...... MA 02145–1704 246,000 Springfield Housing Authority ...... 60 Congress Street .... Springfield ...... MA 01101–1609 185,959 Housing Authority of the City of Annapolis .... 1217 Madison St ...... Annapolis ...... MD 21403–0000 246,000 O’Donnell Heights Tenant Council Inc ...... 1200 Gusryan Street Baltimore ...... MD 21224–5548 246,000 Bath Housing Authority ...... 80 Congress Avenue Bath ...... ME 04530–1542 217,679 Ellsworth Housing Authority ...... P.O. Box 28 ...... Bar Harbor ...... ME 04609–0028 211,482 Housing Authority of the City of Brewer ...... 15 Colonial Circle, Brewer ...... ME 04412–1448 175,000 Suite 1. Melvindale Housing Commission ...... 3501 Oakwood Boule- Melvindale ...... MI 48122–0000 246,000 vard. Port Huron Housing Commission ...... 905 Seventh Street .... Port Huron ...... MI 48060 205,800 St. Louis Housing Authority ...... 3520 Page Boulevard St. Louis ...... MO 63106–1417 492,000 Business Develop- ment. Housing Authority of the City of Meridian ...... 2425 E Street ...... Meridian ...... MS 39302–870 268,009 Housing Authority of the City of Canton ...... 120 Faith Lane ...... Canton ...... MS 39046–9761 245,000 Salish & Kootenai Housing Authority ...... P.O. Box 38 ...... Pablo ...... MT 59855–0038 206,565 Housing Authority of the City of Goldsboro .... 700 North Jefferson Goldsboro ...... NC 27530–3135 415,388 Ave. Public Housing. Lenoir Housing Authority ...... 101 Hickory Street ..... North Wilkesboro ...... NC 28659–3521 201,000 Housing Authority of the City of Lincoln ...... 5700 R Street ...... Lincoln ...... NE 68505–2332 246,000 Housing Authority of the City of Omaha ...... 1805 Harney Street Omaha ...... NE 68102–1908 718,776 Resident Oppor- tunity. Kearney Housing Authority ...... P.O. Box 1236 ...... Kearney ...... NE 68848–1236 135,274 Northern Ponca Tribal HA ...... 1501 Michigan Ave- Norfolk ...... NE 68701–5602 227,740 nue. Atlantic City Housing & Redevelopment Au- 227 North Vermont Atlantic City ...... NJ 08401–5563 467,439 thority. Avenue, 17th Floor. Garfield Housing Authority ...... 71 Daniel P. Conte Garfield ...... NJ 07026–2404 221,079 Court. Housing Authority of the City of Camden ...... 2021 Watson Street, Camden ...... NJ 08105–1866 475,150 2nd Floor. Housing Authority of the City of Elizabeth ..... 688 Maple Avenue ..... Elizabeth ...... NJ 07202 492,000 Housing Authority of the City of Vineland ...... 191 West Chester Av- Vineland ...... NJ 08360–5417 240,000 enue. North Bergen Housing Authority ...... 6121 Grand Avenue .. North ...... NJ 07047–0000 246,000 City of Beacon Housing Authority ...... 1 Forrestal Avenue .... Beacon ...... NY 12508–0000 246,000 Syracuse Housing Authority ...... 516 Burt Street ...... Syracuse ...... NY 13202–3934 478,000 Cuyahoga Metropolitan Housing Authority ..... 8120 Kinsman Road .. Cleveland ...... OH 44104–4310 644,851 Lorain Metropolitan Housing Authority ...... 1600 Kansas Avenue Lorain ...... OH 44052–3317 201,319 Portage Metropolitan Housing Authority ...... 2832 State Route 59 Ravenna ...... OH 44266–1650 231,624 Trumbull Metropolitan Housing Authority ...... 4076 Youngstown Rd. Warren ...... OH 44484–3397 224,185 SE., Suite 101. Housing and Community Services Agency of 177 Day Island Rd. Eugene ...... OR 97401–7911 246,000 Lane County. Property Manage- ment. Warm Springs Housing Authority ...... P.O. Box 1167 ...... Warm Springs ...... OR 97761–1167 156,000 Bradford County Housing Authority ...... 4 Riverside Plaza ...... Blossburg ...... PA 16912–0000 220,153 Community Action Southwest ...... 150 West Beau Street Washington ...... PA 15301–4425 180,000 Community Action Southwest ...... 150 West Beau Street Washington ...... PA 15301–4425 180,000 Housing Authority of the City of Erie ...... 606 Holland Street ..... Erie ...... PA 16501–1285 367,635 Housing Authority of the County of Beaver .... 300 State Avenue ...... Beaver ...... PA 15009–1629 447,597 Montgomery County Housing Authority ...... 104 W. Main Street Norristown ...... PA 19401–4716 175,304 Public Housing. Philadelphia Housing Authority ...... 12 South 23rd Street Philadelphia ...... PA 19103–3104 721,350 Self-Sufficiency. Tioga County Housing Authority ...... 4 Riverside Plaza ...... Blossburg ...... PA 16912–0000 220,153

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Recipient Amount

Housing Authority of Florence ...... 400 E Pine St...... Florence ...... SC 29506–0000 143,078 North Charleston Housing Authority ...... 2170 Ashley Phos- North Charleston ...... SC 29406–4195 246,000 phate Rd., #700. Chattanooga Housing Authority ...... 801 N. Holtzclaw Ave- Chattanooga ...... TN 37401–1486 417,336 nue. Franklin Housing Authority ...... 200 Spring Street ...... Franklin ...... TN 37064–3311 205,999 Memphis Housing Authority ...... 700 Adams Avenue ... Memphis ...... TN 38105–5002 713,910 Newport Housing Authority Resident Advisory 440 Lennon Circle Newport ...... TN 37821–2800 179,565 Council. ROSS Coordinator. The Clarksville Housing Authority ...... 721 Richardson Street Clarksville ...... TN 37040–0603 235,000 Housing Authority of the City of Beaumont .... 1890 Laurel ...... Beaumont ...... TX 77701–1904 206,235 Housing Authority of the City of Bryan ...... 1306 Beck Street ...... Brazos ...... TX 77803–0000 192,200 Housing Authority of the City of Wichita Falls 501 Webster ...... Wichita Falls ...... TX 76306 187,323 McAllen Housing Authority ...... 2301 Jasmine Avenue McAllen ...... TX 78501–7496 150,000 McKinney Housing Authority ...... 1200 N. Tennessee St McKinney ...... TX 75069–0000 218,251 Port Arthur Housing Authority ...... 920 DeQueen Boule- Port Arthur ...... TX 77640–5603 229,381 vard. Robstown Housing Authority ...... 625 West Avenue F ... Robstown ...... TX 78380–2540 168,772 The Housing Authority of the City of Dallas, 3939 N. Hampton Rd Dallas ...... TX 75212–1630 696,316 Texas (DHA). Cedar Terrace Tenant Association ...... 127 Cedar Place Not Danville ...... VA 24541–3432 205,759 Applicable. Norfolk Redevelopment and Housing Author- 201 Granby Street Norfolk ...... VA 23510–1820 492,000 ity. Housing Operations. Portsmouth Redevelopment and Housing Au- 3116 South Street ...... Portsmouth ...... VA 23705 404,404 thority. Brattleboro Housing Authority ...... P.O. Box 2275 ...... Brattleboro ...... VT 05303–0000 246,000 King County Housing Authority ...... 600 Andover Park Tukwila ...... WA 98188–3326 485,238 West Resident Services. Nooksack Indian Tribe ...... P.O. Box 157 ...... Deming ...... WA 98244–0157 237,539 Yakama Nation Housing Authority ...... 611 S. Camas Avenue Wapato ...... WA 98951–0156 240,226 ROSS Grant. Appleton Housing Authority ...... 925 W. Northland Ave Appleton ...... WI 54914–1422 246,000 Arlington Court Resident Organization, Inc .... 650 W Reservoir Ave Milwaukee ...... WI 53212–3646 240,818 Becher Court RO, Inc ...... c/o Kenneth Barbeau, Milwaukee ...... WI 53212–3646 240,818 Contract Admin. HACM Public and Indian Housing. Riverview Resident Organization, Inc ...... 650 W Reservoir Ave Milwaukee ...... WI 53212–3646 240,818

Appendix B FY2016 Family Self-Sufficiency Program Contact: Tremayne Youmans; 202–402– 6621.

Recipient Amount

Alaska Housing Finance Agency ...... P.O. Box 101020 ...... Anchorage ...... AK 99510–1020 $267,642 Albertville Housing Authority ...... 711 South Broad Albertville ...... AL 35950–2674 21,121 Street. Alexander City Housing Authority ...... 2110 County Road ..... Alexander City ...... AL 35010–3800 38,773 Auburn Housing Authority ...... 931 Booker Street ...... Auburn ...... AL 36832–2902 60,000 Bessemer Housing Authority ...... 1515 Fairfax Avenue Bessemer ...... AL 35020–6648 54,742 Housing Authority of the Birmingham District 1826 3rd Avenue Birmingham ...... AL 35233–1905 135,214 South. Jefferson County Housing Authority ...... 3700 Industrial Park- Birmingham ...... AL 35217–5316 135,000 way. Florence Housing Authority ...... 110 South Cypress Florence ...... AL 35630–5523 52,246 St., Suite 1. Huntsville Housing Authority ...... 200 Washington Huntsville ...... AL 35804–0486 240,576 Street. Mobile Housing Board ...... 151 S. Claiborne Mobile ...... AL 36602–2323 209,062 Street. The Housing Authority of the City of Mont- 525 South Lawrence Montgomery ...... AL 36104–4611 109,801 gomery. Street. Prichard Housing Authority ...... P.O. Box 10307 ...... Prichard ...... AL 36610–0000 95,502 Sheffield Housing Authority ...... 505 N. Columbia Ave Sheffield ...... AL 35660–0429 50,212 Tuscaloosa Housing Authority ...... P.O. Box 2281 ...... Tuscaloosa ...... AL 35401–2281 121,000 Housing Authority of Lonoke County ...... P.O. Box 74 ...... Carlisle ...... AR 72024–0074 21,331

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Recipient Amount

Fort Smith Housing Authority ...... 2100 North 31st Fort Smith ...... AR 72904–6140 52,025 Street. Northwest Regional Housing Authority ...... P.O. Box 2568 ...... Harrison ...... AR 72601–2568 41,016 Housing Authority of the City of Hot Springs 1004 Illinois Street ..... Hot Springs ...... AR 71901–4315 47,073 Jonesboro Urban Renewal and Housing Au- 330 Union ...... Jonesboro ...... AR 72401–2815 42,460 thority. Pulaski County Housing Agency ...... 201 South Broadway, Little Rock ...... AR 72201–2338 43,974 Suite 220. Lee County Housing Authority ...... 100 West Main ...... Marianna ...... AR 72360–2854 27,596 McGehee Public Facilities Board ...... P.O. Box 725 ...... McGehee ...... AR 71654–0725 39,810 White River Regional Housing Authority ...... P.O. Box 650 ...... Melbourne ...... AR 72556–0650 39,594 Conway County Housing Authority ...... P.O. Box 229 ...... Morrilton ...... AR 72110–0000 39,543 North Little Rock Housing Authority ...... 628 West Broadway, North Little Rock ...... AR 72114–0000 44,295 Suite 100. Pine Bluff Housing Authority ...... P.O. Box 8872 ...... Pine Bluff ...... AR 71611–8872 127,000 Pope County Public Facilities Board/Uni- P.O. Box 846/301 Russellville ...... AR 72811–846 18,026 versal Housing. East 3rd Street. Housing Authority of the City of West Mem- 390 South Walker Av- West Memphis ...... AR 72301–6013 44,900 phis. enue. Wynne Housing Authority ...... 200 Fisher Place ...... Wynne ...... AR 72396–0552 34,340 City of Tempe Housing Services ...... 1415 Melody Lane, Bisbee ...... AZ 85282–5482 68,680 Bldg. A. White Mountain Apache Housing Authority .... Mail Stop 101, P.O. Chandler ...... AZ 85941–1270 58,000 Box 4008. Housing Authority of Cochise County ...... 425 10th Street ...... Douglas ...... AZ 85603–0000 55,476 Housing Authority for the City of Yuma ...... P.O. Box 7000 ...... Kingman ...... AZ 85364–2320 311,958 City of Mesa ...... P.O. Box 1466 ...... Mesa ...... AZ 85211–1466 68,680 Housing Authority of Maricopa County ...... 8910 N. 78th Avenue Peoria ...... AZ 85345–7900 69,000 City of Phoenix Housing Department ...... 251 W. Washington, Phoenix ...... AZ 85003–2245 207,000 4th Floor. Chandler, City of ...... 6535 E. Osborn Rd., Scottsdale ...... AZ 85244–4008 121,732 Bldg. 8, Paiute Neighborhood Cen- ter. Mohave, County of ...... P.O. Box 790 ...... Sells ...... AZ 86402–7000 50,601 Yuma County Housing Department ...... 8450 W. Highway 95 Somerton ...... AZ 85350–2534 179,804 Suite 88. Tohono O’odham Ki:Ki Housing Association 3500 S. Rural Rd., Tempe ...... AZ 85634–0790 69,000 2nd Floor. City of Tucson ...... P.O. Box 27210 ...... Tucson ...... AZ 85726–7210 206,680 Douglas City of Public Housing ...... 50 West Chinatown Whiteriver ...... AZ 85607–2008 34,500 Street. City of Scottsdale Housing Agency ...... 420 South Madison Yuma ...... AZ 85251–6029 68,680 Avenue. Housing Authority of the County of Santa 700 W. Main Street .... Alhambra ...... CA 95060–5709 138,000 Cruz. City of Norwalk ...... 201 South Anaheim Anaheim ...... CA 90650–3144 64,637 Boulevard. Housing Authority of the City of Santa Bar- 601–24th Street Front Bakersfield ...... CA 93101–1590 201,604 bara. Housing Authority of the County of Sac- 264 Harbor Blvd., #A Belmont ...... CA 95814–2404 131,615 ramento. El Dorado County Public Housing Authority .. 1402 D Street ...... Brawley ...... CA 95667–5335 59,902 Housing Authority of the County of Merced ... 2039 Forest Ave ...... Chico ...... CA 95341–6548 54,400 Vacaville Housing Authority ...... 9770 Culver Blvd ...... Culver City ...... CA 95688–6824 132,424 Housing Authority of the County of San 1331 Fulton Mall ...... Fresno ...... CA 92408–2841 207,000 Bernardino. Pico Rivera Housing Assistance Agency ...... 11277 Garden Grove Garden Grove ...... CA 90660–1016 32,500 Blvd. Suite #101c. Housing Authority of the County of Riverside 680 N. Douty, P.O. Hanford ...... CA 92504–2506 483,000 Box 355. Housing Authority of the City of San 22941 Atherton Street Hayward ...... CA 93001–1636 64,264 Buenaventura. City of Santa Rosa ...... 815 West Ocean Ave- Lompoc ...... CA 95404–4904 68,000 nue. City of Anaheim Housing Authority ...... 521 E. 4th Street ...... Long Beach ...... CA 92805–3821 137,360 Housing Authority of the City of Napa ...... 2600 Wilshire Boule- Los Angeles ...... CA 94559–2512 138,000 vard. Housing Authority of the City of Long Beach 15975 Anderson Lower Lake ...... CA 90802–2502 269,723 Ranch Parkway. Housing Authority of the County of Butte ...... 205 North G Street .... Madera ...... CA 95928–7042 63,600 Housing Authority of the City of Sacramento 3133 Estudillo Street Martinez ...... CA 95814–2404 69,000 Housing Authority of the County of Kern ...... 405 U Street ...... Merced ...... CA 93301–4142 251,216

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Recipient Amount

Housing Authority of the County of San 1701 Robertson Road Modesto ...... CA 94002–4017 345,000 Mateo. Housing Authority of the County of Marin ...... 1115 Seminary Street Napa ...... CA 94903–4173 206,959 San Diego, County (DBA Housing Authority 1400 West Hillcrest Newbury Park ...... CA 92123–1815 136,327 of the County of SD). Drive. City of Oceanside Community Development 12700 Norwalk Blvd ... Norwalk ...... CA 92054–2823 68,680 Commission. Housing Authority of the County of Los Ange- 1619 Harrison Street Oakland ...... CA 91801–3312 690,000 les. Lake County Housing Commission ...... 300 N. Coast Hwy ..... Oceanside ...... CA 95457–1049 34,500 The Housing Authority of the City of Santa 435 South D Street .... Oxnard ...... CA 92702–2030 138,000 Ana. Solano County Housing Authority ...... 6615 Passons Blvd .... Pico Rivera ...... CA 95688–6824 57,131 Madera, City of ...... 2900 Fairlane Ct ...... Placerville ...... CA 93637–3512 56,720 Imperial Valley Housing Authority ...... 505 S Garey Ave ...... Pomona ...... CA 92227–2117 60,641 Housing Authority of the City of San Jose ..... 1450 Court St., Suite Redding ...... CA 95110–2330 138,000 108. Housing Authority of the County of Santa P.O. Box 496071 ...... Redding ...... CA 95110–2330 207,000 Clara. Area Housing Authority of the County of Ven- 5555 Arlington Ave- Riverside ...... CA 91320–2721 64,135 tura. nue. Housing Authority of the City of San Luis 311 Vernon Street ..... Roseville ...... CA 93401–4347 106,199 Obispo. Housing Authority of the City of Los Angeles 801 12th Street ...... Sacramento ...... CA 90057–3400 755,480 Housing Authority of the City of Oakland ...... 801 12th Street ...... Sacramento ...... CA 94612–3307 276,000 Housing Authority of the County of Santa 123 Rico Street ...... Salinas ...... CA 93436–6526 67,327 Barbara. Sonoma County Community Development 715 East Brier Drive .. San Bernardino ...... CA 95403–4107 69,000 Commission. County of Shasta Housing Authority and 1122 Broadway, Suite San Diego ...... CA 96001–1661 29,659 Community Action. 300. Pomona Housing Authority ...... 3989 Ruffin Road ...... San Diego ...... CA 91766–3220 69,000 Housing Authority of the County of Monterey 505 West Julian San Jose ...... CA 93907–2157 138,000 Street. Oxnard Housing Authority ...... 505 West Julian San Jose ...... CA 93030–5918 136,327 Street. Garden Grove Housing Authority ...... 487 Leff Street ...... San Luis Obispo ...... CA 92843–1371 69,000 Housing Authority of the County of Stanislaus 4020 Civic Center San Rafael ...... CA 95358–0033 134,056 Drive. City of Santa Monica Housing Authority ...... 1770 North Broadway Santa Ana ...... CA 90405–1080 65,286 Culver City Housing Authority ...... P.O. Box 22030 ...... Santa Ana ...... CA 90232–0507 33,107 Housing Authority of the City of Redding ...... 808 Laguna Street ..... Santa Barbara ...... CA 96049–6071 58,717 Regional Housing Authority of Sutter and Ne- 2931 Mission Street ... Santa Cruz ...... CA 95993–2701 107,436 vada Counties. Roseville Housing Authority ...... 1901 Main Street, Santa Monica ...... CA 95678–2649 66,213 Suite A. Housing Authority of the County of Kings ...... 1440 Guerneville Santa Rosa ...... CA 93232–0355 57,234 Road. Vallejo Housing Authority ...... 90 Santa Rosa Ave ... Santa Rosa ...... CA 94585–5930 68,680 Housing Authority of the County of Contra 448 S. Center Street .. Stockton ...... CA 94553–4000 138,000 Costa. Housing Authority of Alameda County ...... 40 Eldridge Avenue Vacaville ...... CA 94541–6633 276,000 Suite 2. San Diego Housing Commission ...... 40 Eldridge Ave. Suite Vacaville ...... CA 92102–5629 408,798 2. Housing Authority of Fresno County ...... 200 Georgia St ...... Vallejo ...... CA 93721–1630 65,604 Orange County Housing Authority ...... 995 Riverside St ...... Ventura ...... CA 92706–2642 259,960 Housing Authority of the County of San Joa- 1455 Butte House Yuba City ...... CA 95203–3426 191,337 quin. Road. Boulder County Housing Authority ...... P.O. Box 471 ...... Boulder ...... CO 80306–0471 193,740 Adams County Housing Authority ...... 7190 Colorado Blvd ... Commerce City ...... CO 80022–1812 49,484 Colorado Department of Local Affairs, Divi- 1313 Sherman Street, Denver ...... CO 80203–2288 65,000 sion of Housing. Room 320. Housing Authority of the City and County of 777 Grant Street ...... Denver ...... CO 80203–3501 283,512 Denver. Housing Authority of the City of Englewood .. 3460 S. Sherman, Englewood ...... CO 80113–0000 44,128 Suite 101. Fort Collins Housing Authority ...... 1715 West Mountain Fort Collins ...... CO 80521–2359 203,654 Avenue. Housing Authority of the City of Grand Junc- 1011 North 10th St .... Grand Junction ...... CO 81501–3166 51,761 tion. Housing Authority of the City of Pueblo ...... 201 S. Victoria ...... Pueblo ...... CO 81003–3434 42,804 Ansonia Housing Authority ...... 36 Main Street ...... Ansonia ...... CT 06401–0000 69,000 Bristol Housing Authority ...... 164 Jerome Avenue .. Bristol ...... CT 06010–0000 67,328

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Recipient Amount

Housing Authority of the City of Derby Con- 101 West Fourth Derby ...... CT 06418–1844 54,914 necticut. Street. The Housing Authority of the Town of Green- 249 Milbank Avenue .. Greenwich ...... CT 06830–6680 69,000 wich. Connecticut Department of Housing ...... 505 Hudson Street ..... Hartford ...... CT 06106–7107 206,040 Housing Authority of the City of Meriden ...... 22 Church St ...... Meriden ...... CT 06451–0468 194,271 Housing Authority of the City of New Britain .. 16 Armistice St ...... New Britain ...... CT 06053–0000 138,000 Housing Authority of the City of Norwalk ...... 24 1⁄2 Monroe St ...... Norwalk ...... CT 06856–0508 138,000 Housing Authority of the City of Stamford ...... 22 Clinton Avenue ..... Stamford ...... CT 06901–0000 67,815 Trout Brook Realty Advisors ...... 80 Shield Street ...... West Hartford ...... CT 06110–1920 68,680 District of Columbia Housing Authority ...... 1133 North Capitol Washington ...... DC 20002–7599 276,000 Street NE. Wilmington Housing Authority ...... 400 N Walnut Street .. Wilmington ...... DE 19801–1436 138,000 Tallahassee Housing Authority ...... 2333a West Glades Boca Raton ...... FL 32312–0000 52,346 Road. Hialeah Housing Authority ...... 5631 11th Street East Bradenton ...... FL 33010–4845 112,644 Housing Authority of the City of Fort Myers ... 908 Cleveland Street Clearwater ...... FL 33916–2310 160,828 Winter Haven Housing Authority ...... 36739 S.R.52 ...... Dade City ...... FL 33880–0000 138,000 Orange County Housing and Community De- 211 N. Ridgewood Av- Daytona Beach ...... FL 32801–2817 53,724 velopment. enue, Suite 300. Pinellas County Housing Authority ...... 533 South Dixie High- Deerfield Beach ...... FL 33778–1147 133,539 way, Suite 201. Collier County Housing Authority ...... 63 Bopete Manor Defuniak Springs ...... FL 34142–5544 26,025 Road. Sarasota Housing Authority ...... 437 SW 4th Avenue .. Fort Lauderdale ...... FL 34236–0000 34,600 Housing Authority of Lakeland ...... 4224 Renaissance Fort Myers ...... FL 33815–4502 105,738 Preserve Way. Ocala Housing Authority ...... 75 East 6th Street ...... Hialeah ...... FL 34475–0000 86,400 Palm Beach County Housing Authority ...... 1800 Farm Worker Immokalee ...... FL 33407–1844 126,633 Way. Housing Authority of the City of Deerfield 1300 Broad Street ..... Jacksonville ...... FL 33441–4665 47,232 Beach. Pasco County Housing Authority ...... 430 Hartsell Ave ...... Lakeland ...... FL 33525–5101 32,749 Housing Authority of Pompano Beach ...... 11479 Ulmerton Road Largo ...... FL 33060–0000 46,107 Milton Housing Authority ...... 4780 North State Rd 7 Lauderdale Lakes ...... FL 32570–0000 69,000 Housing Authority of the City of Orlando ...... 701 NW 1st Court Miami ...... FL 32803–6026 24,000 16th Floor. Walton County Housing Agency ...... 5668 Byrom Street ..... Milton ...... FL 32435–2943 30,000 Clearwater Housing Authority ...... 14170 Warner Circle .. North Fort Myers ...... FL 33755–4511 47,769 Manatee County Housing Authority ...... 1629 NW 4th Street ... Ocala ...... FL 34203–5978 31,310 Housing Authority of the City of Tampa ...... 390 N. Bumby Avenue Orlando ...... FL 33607–1727 424,887 Lee County Housing Authority ...... 525 E. South Street ... Orlando ...... FL 33903–3528 46,879 West Palm Beach Housing Authority ...... 465 Friend Terrace .... Pahokee ...... FL 33407–6284 127,534 Housing Authority of the City of Fort Lauder- 321 West Atlantic Pompano Beach ...... FL 33315–1007 132,964 dale. Boulevard. Pahokee Housing Authority ...... 340 Gulf Breeze Ave- Punta Gorda ...... FL 33476–1941 39,000 nue. Miami Dade Public Housing and Community 269 South Osprey Sarasota ...... FL 33136–3914 218,120 Development. Ave. Boca Raton Housing Authority ...... 2940 Grady Rd ...... Tallahassee ...... FL 33431–7305 51,515 Jacksonville Housing Authority ...... 5301 W Cypress Tampa ...... FL 32202–3901 271,283 Street. Punta Gorda Housing Authority ...... 3432 West 45th Street West Palm Beach ...... FL 33950–5634 26,513 The Housing Authority of the City of Daytona 1715 Division Avenue West Palm Beach ...... FL 32114–3243 86,563 Beach. Broward County Housing Authority ...... 2653 Avenue C. Winter Haven ...... FL 33319–5860 225,651 South West. Housing Authority of the City of Albany ...... P.O. Box 485 ...... Albany ...... GA 31702–0485 30,836 Housing Authority of Fulton County ...... 4273 Wendell Drive, Atlanta ...... GA 30336–1632 46,562 SW. The Housing Authority of the City of Atlanta .. 230 John Wesley Atlanta ...... GA 30303–2421 249,000 Dobbs Avenue, N.E. Housing Authority of the City of Augusta ...... 1435 Walton Way ...... Augusta ...... GA 30901–2609 150,695 Housing Authority of the City of Carrollton ..... 1 Roop Street ...... Carrollton ...... GA 30117–4448 117,524 Housing Authority of the City of College Park 2000 Princeton Ave- College Park ...... GA 30337–2412 133,068 nue. The Housing Authority of Columbus ...... 1000 Wynnton Road, Columbus ...... GA 31902–0630 92,254 P.O. Box 630. Housing Authority of the City of East Point .... 3056 Norman Berry East Point ...... GA 30364–0363 69,000 Drive. Griffin Housing Authority ...... 518 Nine Oaks Drive Griffin ...... GA 30224–4169 69,000 Housing Authority of the City of Jonesboro ... 203 Hightower Street, Jonesboro ...... GA 302373647 84,711 P.O. Box 458. Macon-Bibb County Housing Authority ...... 2015 Felton Avenue .. Macon-Bibb ...... GA 31201–4928 32,000

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Recipient Amount

Housing Authority of the City of Marietta ...... 95 Cole Street ...... Marietta ...... GA 30060–2090 113,764 Northwest Georgia Housing Authority ...... 800 North Fifth Ave- Rome ...... GA 30162–1428 87,386 nue. Housing Authority of Savannah ...... P.O. Box 1179 ...... Savannah ...... GA 31402–1179 198,000 Tri-City Housing Authority ...... 33 Martin Luther King Woodland ...... GA 31836–0220 69,000 Jr. Drive, P.O. Box 458. Guam Housing and Urban Renewal Authority 117 Bien Venida Ave- Sinajana ...... GU 96910–3643 125,718 nue. Hawaii County Housing Agency ...... 50 Wailuku Drive ...... Hilo ...... HI 96720–4295 66,204 Hawaii Public Housing Authority ...... 1002 North School Honolulu ...... HI 96817–6912 132,031 Street. Honolulu, City and County ...... Honolulu Hale ...... Honolulu ...... HI 96813–9926 189,008 Kauai, County of; DBA Kauai County Hous- 4444 Rice Street Suite Lihue ...... HI 96766–1340 133,000 ing Agency. 330. County of Maui ...... 35 Lunalilo Street, Wailuku ...... HI 96793–2523 24,732 Suite 400. Region XII Regional Housing Authority ...... 320 E. 7th, P.O. Box Carroll ...... IA 51401–0663 45,000 663. City of Cedar Rapids ...... 101 First Street SE .... Cedar Rapids ...... IA 52401–1205 138,000 Municipal Housing Agency of Council Bluffs .. 505 South 6th Street Council Bluffs ...... IA 51501–6405 24,338 Southern Iowa Regional Housing Authority ... 219 N. Pine Street ..... Creston ...... IA 50801–2413 43,850 City of Des Moines Municipal Housing Agen- 100 E Euclid Avenue Des Moines ...... IA 50313–4534 201,973 cy. Suite 101. City of Dubuque ...... 350 West 6th Street Dubuque ...... IA 52001–4648 132,478 Suite 312. Eastern Iowa Regional Housing Authority ...... 7600 Commerce Park Dubuque ...... IA 52002–9673 204,746 Municipal Housing Agency of the City of Fort 700 South 17th Street Fort Dodge ...... IA 50501–5300 102,766 Dodge. Central Iowa Regional Housing Authority ...... 1201 SE Gateway Grimes ...... IA 50111–6637 57,529 Drive. Iowa City Housing Authority ...... 410 E Washington Iowa City ...... IA 52240–1826 121,721 Street. Muscatine, City of d/b/a Muscatine Municipal 215 Sycamore St ...... Muscatine ...... IA 52761–3839 55,309 Housing Agency. City of Sioux City Housing Authority ...... 405 6th Street, Suite Sioux City ...... IA 51102–0447 138,000 107, P.O. Box 447. Northeast Nebraska Joint Housing Agency ... 1122 Pierce Street ..... Sioux City ...... IA 51105–1077 40,756 Ada County Housing Authority ...... 1276 W River St. Boise ...... ID 83702–7066 111,708 Suite #300. Boise City Housing Authority ...... 1276 W River St. Boise ...... ID 83702–7066 111,710 Suite #300. Idaho Housing and Finance Association ...... P.O. Box 7899, 565 W Boise ...... ID 83707–1899 247,402 Myrtle St. Southwestern Idaho Cooperative Housing 377 Cornell St ...... Middleton ...... ID 83644–9903 89,114 Authority. Nampa Housing Authority ...... 211 19th Ave ...... Nampa ...... ID 83687–4402 36,342 St. Clair County Housing Authority ...... 1790 S. 74th St ...... Belleville ...... IL 62223–3363 34,500 Housing Authority of the City of Bloomington 104 East Wood Street Bloomington ...... IL 61701–6768 51,782 Macoupin County Housing Authority ...... 760 Anderson Street, Carlinville ...... IL 62626–1003 42,616 P.O. Box 226. Marion County Housing Authority ...... 719 East Howard ...... Centralia ...... IL 62801–2606 44,747 Chicago Housing Authority ...... 60 East Van Buren .... Chicago ...... IL 60605–1241 796,565 Housing Authority of Cook County ...... 175 W. Jackson Blvd., Chicago ...... IL 60604–3042 184,800 Suite 350. Madison County Housing Authority ...... 1609 Olive Street ...... Collinsville ...... IL 62234–4909 69,000 Housing Authority of the City of East St. 700 North 20th Street East St. Louis ...... IL 62205–1814 69,000 Louis. Housing Authority of the City of Elgin ...... 120 S. State Street .... Elgin ...... IL 60123–0000 136,000 Housing Authority of the City of Freeport ...... 1052 West Galena ..... Freeport ...... IL 61032–3814 69,000 Housing Authority of the County of Lake ...... 33928 N US Hwy 45 .. Grayslake ...... IL 60030–0000 222,561 Housing Authority of Joliet ...... 6 S. Broadway St ...... Joliet ...... IL 60436–1735 63,898 Kankakee County Housing Authority ...... 185 N. St. Joseph Kankakee ...... IL 60901–0965 43,280 Ave., P.O. Box 965. Housing Authority of Henry County ...... 125 N. Chestnut Kewanee ...... IL 61443–0125 91,977 Street. Peoria Housing Authority ...... 100 S Richard Pryor Peoria ...... IL 61605–3905 98,210 Place. Menard County Housing Authority ...... 101 West Sheridan Petersburg ...... IL 62675–1349 29,160 Rd., P.O. Box 168. Rock Island Housing Authority ...... 227 21st St ...... Rock Island ...... IL 61201–8819 65,000 Rockford Housing Authority ...... 223 South Winnebago Rockford ...... IL 61102–9904 200,961 Street. Winnebago County Housing Authority ...... 3617 Delaware Street Rockford ...... IL 61102–1506 132,936

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Recipient Amount

Springfield Housing Authority ...... 200 North Eleventh Springfield ...... IL 62703–1004 236,000 Street. Waukegan Housing Authority ...... 215 South Martin Lu- Waukegan ...... IL 60085–5522 50,819 ther King Jr. Ave- nue. DuPage Housing Authority ...... 711 E. Roosevelt Rd Wheaton ...... IL 60187–5646 114,114 Housing Authority of the City of Bloomington 1007 North Summit Bloomington ...... IN 47404–3712 91,953 Street. Housing Authority of the City of Columbus, 799 McClure Road ..... Columbus ...... IN 47201–6610 40,377 Indiana. Housing Authority, City of Elkhart ...... 1396 Benham Ave ..... Elkhart ...... IN 46516–3341 86,540 The Housing Authority of the City of Evans- 402 Court Street, Evansville ...... IN 47708–0000 116,690 ville. Suite B. Fort Wayne Housing Authority ...... 7315 Hanna Street .... Fort Wayne ...... IN 46816–0000 120,000 Housing Authority of the City of Gary ...... 578 Broadway ...... Gary ...... IN 46402–0000 50,900 Housing Authority of the City of Hammond .... 1402 173rd Street ...... Hammond ...... IN 46324–2861 59,418 Indianapolis Housing Agency (IHA) ...... 1919 North Meridian Indianapolis ...... IN 46202–1303 281,829 Street. Housing Authority of the City of Kokomo ...... 210 East Taylor Kokomo ...... IN 46903–1207 45,000 Street, P.O. Box 1207. Marion Housing Authority ...... 601 S. Adams St ...... Marion ...... IN 46953–0000 69,000 The Housing Authority of the City of Michigan 621 E. Michigan Blvd Michigan City ...... IN 46360–2664 21,947 City. New Albany Housing Authority ...... P.O. Box 11 ...... New Albany ...... IN 47150–0000 162,965 Housing Authority of City of Peru ...... 701 E Main Street ...... Peru ...... IN 46970–2640 31,931 Housing Authority of South Bend ...... 501 Alonzo Watson South Bend ...... IN 46601–3715 36,748 Drive. Housing Authority of the City of Terre Haute P.O. Box 3086 ...... Terre Haute ...... IN 47803–0086 100,000 Housing Authority of Vincennes ...... 501 Hart Street, P.O. Vincennes ...... IN 47591–2103 43,635 Box 1636. NEKCAP, Inc ...... 1260 220th Street, Hiawatha ...... KS 66434–0380 50,500 P.O. Box 380. Lawrence-Douglas County Housing Authority 1600 Haskell Avenue Lawrence ...... KS 66044–4399 238,461 Johnson County, Kansas ...... 12425 W. 87th Street, Lenexa ...... KS 66215–4524 62,736 Suite 200. City of Olathe ...... 200 W. Santa Fe Olathe ...... KS 66051–0768 54,278 Street, P.O. Box 768. Salina Housing Authority ...... P.O. Box 1202, 469 S. Salina ...... KS 67401–1202 60,000 5th Street. Topeka Housing Authority ...... 2010 SE California Topeka ...... KS 66607–1444 43,580 Ave. City of Wichita Kansas Housing Authority ...... 332 N. Riverview ...... Wichita ...... KS 67203–4245 176,384 Barbourville Urban Renewal & Community 338 Court Square, Barbourville ...... KY 40906–0806 32,703 Development Agency. P.O. Box 806. Cumberland Valley Regional Housing Author- 338 Court Square, Barbourville ...... KY 40906–0806 86,125 ity. P.O. Box 806. Housing Authority of Bowling Green ...... 247 Double Springs Bowling Green ...... KY 42101–5160 47,740 Road. Boone County Fiscal Court Assisted Housing 2950 Washington Burlington ...... KY 41005–0536 65,558 Department. Square, P.O. Box 536. City of Covington CDA ...... 2300 Madison Ave- Covington ...... KY 41014–1237 51,005 nue, 2nd floor. Housing Authority of Covington ...... 2300 Madison Avenue Covington ...... KY 41014–1237 69,000 City of Cynthiana (Housing Authority of 148 Federal Street ..... Cynthiana ...... KY 41031–1420 63,291 Cynthiana). Housing Authority of Frankfort ...... 590 Walter Todd Drive Frankfort ...... KY 40601–2026 48,728 Kentucky Housing Corporation ...... 1231 Louisville Road Frankfort ...... KY 40601–6156 102,633 Georgetown Housing Authority ...... 139 Scroggin Park ..... Georgetown ...... KY 40324–2039 45,908 Housing Authority of Glasgow ...... 111 Bunche Ave., Glasgow ...... KY 42142–1745 42,904 P.O. Box 1745. Housing Authority of Floyd County ...... 402 John M. Stumbo Langley ...... KY 41645–9708 69,000 Drive. Lexington-Fayette Urban County Housing Au- 300 W. New Circle Lexington ...... KY 40505–1428 104,029 thority. Road. Louisville Metro Housing Authority ...... 420 South Eighth Louisville ...... KY 40203–1906 455,604 Street. Housing Authority of Newport, KY ...... 30 East 8th Street ...... Newport ...... KY 41071–0459 34,500 City of Richmond Section 8 Housing ...... P.O. Box 250 ...... Richmond ...... KY 40476–0250 100,000 Housing Authority of Somerset ...... P.O. Box 449 ...... Somerset ...... KY 42502–0449 41,981 Appalachian Foothills Housing Agency Inc .... 1214 Riverside Boule- Wurtland ...... KY 41144–1635 43,834 vard.

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Recipient Amount

Terrebonne Parish Consolidated Government 809 Barrow Street ...... Houma ...... LA 70630–0000 43,478 Calcasieu Parish Police Jury Human Serv- 2001 Moeling Street .. Lake Charles ...... LA 70601–0000 46,020 ices Housing Department. St. James Parish Housing Authority ...... 2627 King Ave., P.O. Lutcher ...... LA 70071–0280 69,000 Box 280. Housing Authority of Jefferson Parish ...... 1718 Betty Street ...... Marrero ...... LA 70072–3318 131,167 Housing Authority of the City of Shreveport ... 2500 Line Avenue ...... Shreveport ...... LA 71104–3022 88,440 Acton Housing Authority ...... 68 Windsor Ave ...... Acton ...... MA 01720–0681 58,000 Attleboro Housing Authority ...... 80 South Avenue ...... Attleboro ...... MA 02703–4581 54,091 Boston Housing Authority ...... 52 Chauncey Street ... Boston ...... MA 02111–2325 275,040 Commonwealth of Massachusetts ...... 100 Cambridge Street Boston ...... MA 02114–2531 730,429 Braintree Housing Authority ...... 25 Roosevelt Street ... Braintree ...... MA 02184–8663 53,694 Brockton Housing Authority ...... 54 Goddard Road ...... Brockton ...... MA 02303–7070 137,680 Chelmsford Housing Authority ...... 10 Wilson Street ...... Chelmsford ...... MA 01824–3160 63,356 Chelsea Housing Authority ...... 54 Locke Street ...... Chelsea ...... MA 02150–2250 133,909 Fall River Housing Authority ...... 85 Morgan St ...... Fall River ...... MA 02722–0000 136,327 Framingham Housing Authority ...... 1 John J. Brady Drive Framingham ...... MA 01702–2307 66,970 Gloucester Housing Authority ...... P.O. Box 1599 ...... Gloucester ...... MA 01931–1599 42,953 Greenfield Housing Authority ...... 1 Elm Terrace ...... Greenfield ...... MA 01301–2203 63,159 Hingham Housing Authority ...... 30 Thaxter Street ...... Hingham ...... MA 02043–2143 66,199 Holyoke Housing Authority ...... 475 Maple Street, Holyoke ...... MA 01040- 96,424 Suite One. Leominster Housing Authority ...... 100 Main Street ...... Leominster ...... MA 01453–5599 48,250 Lowell Housing Authority ...... P.O. Box 60 ...... Lowell ...... MA 01853–0060 65,558 Lynn Housing Authority & Neighborhood De- 10 Church Street ...... Lynn ...... MA 01902–4418 113,713 velopment. Malden Housing Authority ...... 630 Salem Street ...... Malden ...... MA 02148–4361 124,468 Medford Housing Authority ...... 121 Riverside Avenue Medford ...... MA 02155–4611 69,000 Melrose Housing Authority ...... 910 Main Street ...... Melrose ...... MA 02176–2331 54,010 Methuen Housing Authority ...... 24 Mystic St ...... Methuen ...... MA 01844–2499 55,668 Milton Housing Authority ...... 65 Miller Avenue ...... Milton ...... MA 02186–4756 66,660 North Andover Housing Authority ...... One Morkeski Mead- North Andover ...... MA 01845–3954 57,857 ows. Plymouth Housing Authority ...... P.O. Box 3537 ...... Plymouth ...... MA 02361–3537 46,363 Quincy Housing Authority ...... 80 Clay Street ...... Quincy ...... MA 02170–2799 69,000 Revere Housing Authority ...... 70 Cooledge St ...... Revere ...... MA 02151–2963 66,600 Somerville Housing Authority ...... 30 Memorial Road ..... Somerville ...... MA 02145–1704 131,392 Taunton Housing Authority ...... 30 Olney Street, Suite Taunton ...... MA 02780–4141 61,248 B. Wayland Housing Authority ...... 106 Main Street ...... Wayland ...... MA 01778–4939 18,200 Winchester ...... 13 Westley Street ...... Winchester ...... MA 01890–2130 69,000 Worcester Housing Authority ...... 40 Belmont Street ...... Worcester ...... MA 01605–2665 336,300 Housing Authority of Baltimore City ...... 417 E. Fayette Street, Baltimore ...... MD 21202–3431 482,040 Room 923. Housing Authority of Washington County ...... 6401 York Road ...... Baltimore ...... MD 21740–5701 31,310 Eric C. Brown ...... 15 South Main Street, Bel Air ...... MD 20774–5358 138,000 Suite 106. Havre De Grace Housing Authority ...... 6751 Columbia Gate- Columbia ...... MD 21078–3011 69,000 way Dr. Gateway. Howard County Housing Commission ...... 200 Chesapeake Blvd, Elkton ...... MD 21046–2164 61,059 Suite 1800. Housing Authority of St. Mary’s County, 319 E. Antietam Hagerstown ...... MD 20653–9998 45,048 Maryland. Street 2nd Floor. Housing Opportunities Commission of Mont- 35 W. Baltimore Hagerstown ...... MD 20895–2484 483,000 gomery County, MD. Street. Hagerstown Housing Authority ...... 101 Stansbury Court .. Havre De Grace ...... MD 21740–6059 150,784 Commissioners of Carroll County ...... 10400 Detrick Avenue Kensington ...... MD 21157–5194 54,078 Cecil County Housing Agency ...... 7800 Harkins Road .... Lanham ...... MD 21921–6682 52,034 Maryland Department of Housing and Com- 9200 Basil Court Suite Largo ...... MD 20706–1333 37,901 munity Development. 500. Rockville Housing Enterprises ...... 21155 Lexwood Drive, Lexington Park ...... MD 20850–1456 56,930 Suite C. Baltimore, County of ...... 621–A Southlawn Rockville ...... MD 21212–2121 208,475 Lane. Harford County, Maryland ...... 225 North Center Westminster ...... MD 21014–8725 28,118 Street. Augusta Housing ...... 33 Union Street, Suite Augusta ...... ME 04330–6800 32,484 #3. Maine State Housing Authority ...... 353 Water St ...... Augusta ...... ME 04330–4678 54,031 Bangor Housing Authority ...... 161 Davis Rd ...... Bangor ...... ME 04401–2310 57,050 Housing Authority of the City of Brewer ...... 15 Colonial Circle, Brewer ...... ME 04412–1448 52,832 Suite 1. City of Caribou ...... 25 High St ...... Caribou ...... ME 04736–0025 48,729 Lewiston Housing Authority ...... 1 College St ...... Lewiston ...... ME 04240–7118 57,820

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Recipient Amount

Housing Authority of City of Old Town ...... P.O. Box 404 ...... Old Town ...... ME 04468–0404 23,972 Portland Housing Authority ...... 14 Baxter Boulevard .. Portland ...... ME 04101–1822 72,012 Westbrook Housing Authority ...... 30 Liza Harmon Drive Westbrook ...... ME 04092–3438 40,607 Lansing Housing Commission ...... 727 Miller Avenue ...... Ann Arbor ...... MI 48933–1136 69,000 Detroit Housing Commission ...... 1301 East Jefferson ... Detroit ...... MI 48207–3148 296,700 Wyoming Housing Commission ...... 1420 Fuller Ave SE ... Grand Rapids ...... MI 49519–6111 137,680 Traverse City Housing Commission ...... 419 Cherry Street ...... Lansing ...... MI 49684–2478 66,970 Plymouth Housing Commission ...... 1160 Sheridan Street Plymouth ...... MI 48170–1560 133,413 Grand Rapids Housing Commission ...... 735 East Michigan Av- P.O. Box 30044 ...... MI 49507–2139 331,000 enue. Pontiac Housing Commission ...... 132 Franklin Blvd ...... Pontiac ...... MI 48341–0000 69,000 Saginaw Housing Commission ...... 1803 Norman St ...... Saginaw ...... MI 48601–3225 136,031 Westland Housing Commission ...... 150 Pine Street ...... Traverse City ...... MI 48186–4755 33,069 Ann Arbor Housing Commission ...... 32150 Dorsey Road ... Westland ...... MI 48103–3353 138,000 Michigan State Housing Development Au- 2450 36th St SW ...... Wyoming ...... MI 48909–1474 966,000 thority. Brainerd, City of ...... 324 East River Rd ..... Brainerd ...... MN 56401–3504 59,000 Housing & Redevelopment Authority of Clay 116 Center Ave E., Dilworth ...... MN 56529–0099 65,746 County. P.O. Box 99. Housing and Redevelopment Authority of Du- 222 East Second Duluth ...... MN 55816–0900 65,543 luth, MN. Street, P.O. Box 16900. Dakota County Community Development 1228 Town Centre Eagan ...... MN 55123–1066 24,876 Agency. Drive. Mankato Economic Development Authority ... 10 Civic Center Plaza, Mankato ...... MN 56002–3368 53,075 P.O. Box 3368. South Central MN Multi County HRA ...... 422 Belgrade Avenue, North Mankato ...... MN 56003–3874 38,806 Suite 102. Scott County Community Development Agen- 323 S. Naumkeag Shakopee ...... MN 55379–1652 22,500 cy. Street. Housing Authority of St. Louis Park ...... 5005 Minnetonka Blvd St. Louis Park ...... MN 55416–2216 38,391 Public Housing Agency of the City of St. Paul 555 North Wabasha St. Paul ...... MN 55102–1602 68,680 Street, Suite 400. Housing & Redevelopment Authority of Vir- 442 Pine Mill Court, Virginia ...... MN 55792–3097 58,713 ginia, MN. P.O. Box 1146. Southeastern Minnesota Multi-County HRA ... 134 East Second Wabasha ...... MN 55981–1440 36,424 Street. Washington County Housing and Redevelop- 7645 Currell Blvd ...... Woodbury ...... MN 55125–2256 46,497 ment Authority. Housing Authority of St. Louis County ...... 106 W. Fourth ...... Appleton City ...... MO 63121–0000 119,589 Franklin County Public Housing Agency ...... 201 S. Witzler St ...... Columbia ...... MO 63050–0920 86,840 Housing Authority of the City of Liberty ...... P.O. Box 920 ...... Hillsboro ...... MO 64068–2372 44,645 Housing Authority of the City of Columbia ..... 302 South Joplin Ave- Joplin ...... MO 65203–0000 103,675 nue. St. Louis Housing Authority ...... 920 Main, Suite 701 .. Kansas City ...... MO 63106–1417 129,481 Housing Authority of Saint Charles ...... 17 East Kansas ...... Liberty ...... MO 63301–4711 110,548 Phelps County Public Housing Agency ...... 403 Parkway Drive .... Park Hills ...... MO 65559–9998 53,932 Economic Security Corporation of Southwest 3019 Fair Street ...... Poplar Bluff ...... MO 64801–2354 42,500 Area. St. Francois County Public Housing Agency 1041 Olive Street ...... Saint Charles ...... MO 63601–0308 31,530 Housing Authority of Kansas City, Missouri ... 421 W. Madison ...... Springfield ...... MO 64105–2017 360,798 Ripley County Public Housing Agency ...... #4 Industrial Drive ...... St. James ...... MO 63901–7044 34,213 Housing Authority of the City of Springfield ... 3520 Page Boulevard St. Louis ...... MO 65806–2999 26,825 St. Clair County PHA ...... P.O. Box 23886 ...... St. Louis ...... MO 64724–1402 194,272 The Housing Authority of the City of Biloxi .... 330 Benachi Avenue, Biloxi ...... MS 39533–0447 34,500 P.O. Box 447. Tennessee Valley Regional Housing Author- P.O. Box 1329 ...... Corinth ...... MS 38835–1329 176,640 ity. Mississippi Regional Housing Authority VIII ... 10430 Three Rivers Gulfport ...... MS 39501–5914 105,850 Road. Mississippi Regional Housing Authority, No. 2180 Terry Road, Jackson ...... MS 39284–8746 121,965 VII. P.O. Box 8746. The Housing Authority of the City of Jackson, 2747 Livingston Road Jackson ...... MS 39213– 55,636 MS. 692839213 South Delta Regional Housing Authority ...... 202 Weston Ave ...... Leland ...... MS 38756–0955 106,500 Mississippi Regional Housing Authority, No. P.O. Box 748 ...... McComb ...... MS 39649–0000 198,909 VI. The Housing Authority of the City of Meridian 2425 E. Street ...... Meridian ...... MS 39302–0870 110,844 Mississippi Regional Housing Authority No. II 900 Molly Barr Road .. Oxford ...... MS 38655–2106 30,000 Housing Authority of Billings ...... 2415 1st Avenue Billings ...... MT 59101–2318 41,049 North. Missoula Housing Authority ...... 1235 34th Street ...... Missoula ...... MT 59801–8521 203,654 Mountain Projects, Inc ...... 165 South French Asheville ...... NC 28786–7759 33,604 Broad Avenue.

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Recipient Amount

Coastal Community Action, Inc ...... 869 Highway 105 Ex- Boone ...... NC 28570–0729 37,301 tension, Suite 10, P.O. Box 2510. Housing Authority of the City of Wilson, N.C 133 North Ireland Burlington ...... NC 27893–4130 59,500 Street. Economic Improvement Council, Inc ...... 400 East Blvd ...... Charlotte ...... NC 27932–0549 44,167 Gastonia Housing Authority ...... 13450 U. S. Hwy 64 Chatham ...... NC 28053–2398 44,000 W., P.O. Box 571. Western Piedmont Council of Governments .. 283 Harold Goodman Concord ...... NC 28603–9026 69,000 Circle, P.O. Box 8746. Housing Authority of the City of Wilmington .. 330 East Main Street Durham ...... NC 28401–0899 115,273 Roxboro Housing Authority ...... 206 S. Long Street .... East Spencer ...... NC 27573–4795 65,000 Statesville Housing Authority ...... 712 Virginia Road ...... Edenton ...... NC 28677–6616 175,419 Housing Authority of the City of Salisbury, 340 W. Long Ave, Gastonia ...... NC 28145–0159 69,000 NC. P.O. Box 2398. Isothermal Planning and Development Com- 450 N. Church Street Greensboro ...... NC 28139–0841 35,744 mission. Housing Authority of the City of Asheville ...... 1103 Broad Street ..... Greenville ...... NC 28801–3999 124,000 Burlington Housing Authority ...... 220 King Creek Blvd., Hendersonville ...... NC 27217–2635 58,486 P.O. Box 685. East Spencer Housing Authority ...... 1880 2nd Av NW, Hickory ...... NC 28039–0367 44,200 P.O. Box 9026. The Housing Authority of the City of Durham 841 S. Center Street .. Hickory ...... NC 27701–3718 206,680 Twin Rivers Opportunities, Inc ...... 500 East Russell Ave- High Point ...... NC 28560/1482 67,209 nue. Thomasville Housing Authority ...... 246 Georgetown Rd .. Jacksonville ...... NC 27360–2426 32,000 Sandhills Community Action Program, Inc ..... 608 N Queen St ...... Kinston ...... NC 28387–7168 38,000 Housing Authority of the City of Kinston ...... Post Office Box 1437 Laurinburg ...... NC 28501–0697 95,420 Housing Authority of the City of Winston- 1 Jamaica Dr ...... Lexington ...... NC 27101–2782 57,000 Salem. Rowan County Housing Authority ...... 318 Craven St ...... New Bern ...... NC 28147–8200 90,900 North Wilkesboro Housing Authority ...... 303 McQueen Ave- Newport ...... NC 286593521 55,000 nue, P.O. Box 729. Housing Authority of the City of Greenville .... 101 Hickory Street ..... North Wilkesboro ...... NC 27834–3952 160,421 Housing Authority of the Town of Laurinburg 500 Mt. Bethel Church Roxboro ...... NC 28353–1437 47,167 Street, P.O. Box 996. Western Carolina Community Action ...... 111 West Court Rutherfordton ...... NC 28793–0685 61,705 Street, P.O. Box 841. City of Hickory Public Housing Authority ...... 310 Long Meadow Salisbury ...... NC 28602–0000 50,073 Drive. Housing Authority of the City of Charlotte ...... 200 S. Martin Luther Salisbury ...... NC 28203–5584 113,233 King Jr. Ave. Housing Authority of the City of Greensboro 1000 Carthage Street Sanford ...... NC 27401–2001 282,785 Mid-East Regional Housing Authority ...... 340 Commerce Ave- Southern Pines ...... NC 27892–9764 40,902 nue, Suite 20. Sanford Housing Authority ...... 110 W. Allison Street Statesville ...... NC 27330–4115 100,839 Washington Housing Authority ...... 201 James Avenue .... Thomasville ...... NC 27889–3824 40,667 City of Concord Housing Department ...... 809 Pennsylvania Av- Washington ...... NC 28026–0308 43,360 enue, P.O. Box 1046. Chatham County Housing Authority ...... 2251 Old Balsam Waynesville ...... NC 27344–6443 48,636 Road. Lexington Housing Authority ...... 415 East Boulevard, Williamston ...... NC 27292–0000 58,054 Suite 140, P.O. Box 811. Eastern Carolina Human Services Agency 1524 S. 16th Street ... Wilmington ...... NC 28541–0796 66,799 Inc. Housing Authority of the City of High Point ... 301 Nash St E ...... Wilson ...... NC 27260–6746 153,727 Northwestern Regional Housing Authority ..... 500 West Fourth Winston-Salem ...... NC 28607–4958 206,884 Street, Suite 300. Fargo Housing and Redevelopment Authority 325 Broadway ...... Fargo ...... ND 58102–0430 106,608 the Housing Authority of the City of Grand 1405 1st Ave North .... Grand Forks ...... ND 582033484 104,385 Forks. Minot Housing Authority ...... 108 Burdick Express Minot ...... ND 58701–4434 43,612 Way East. Kearney Housing Authority ...... 2715 I Ave, P.O. Box Kearney ...... NE 68848–1236 84,908 1236. Housing Authority of the City of Lincoln ...... 5700 R Street ...... Lincoln ...... NE 68505–2332 112,808 Douglas County Housing Authority ...... 5404 N. 107th Plaza .. Omaha ...... NE 68134–0000 51,510 Housing Authority of the City of Omaha ...... 1805 Harney Street ... Omaha ...... NE 68102–1908 186,161

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Recipient Amount

Goldenrod Regional Housing Agency ...... 1017 Avenue E, P.O. Wisner ...... NE 68791–0799 36,421 Box 799. New Hampshire Housing Finance Authority .. 32 Constitution Drive Bedford ...... NH 03110–6062 234,031 Dover Housing Authority ...... 62 Whittier Street ...... Dover ...... NH 03820–2946 138,000 Keene Housing ...... 831 Court Street ...... Keene ...... NH 03431–1712 131,198 Manchester Housing and Redevelopment Au- 198 Hanover Street ... Manchester ...... NH 03104–6125 44,997 thority. Atlantic City Housing Authority & Urban Re- 227 North Vermont Atlantic City ...... NJ 08401–5563 58,065 development Agency. Avenue, 17th Floor. Housing Authority of the Town of Boonton .... 125 Chestnut Street ... Boonton ...... NJ 07005–1130 69,000 Housing Authority of the City of Camden ...... 2021 Watson Street, Camden ...... NJ 08105–1866 46,683 2nd Floor. Housing Authority of Gloucester County ...... 100 Pop Moylan Blvd Deptford ...... NJ 08096–1947 43,400 Housing Authority Town of Dover ...... 215 East Blackwell Dover ...... NJ 07801–0000 31,777 Street. Housing Authority of the City of East Orange 160 Halsted Street ..... East Orange ...... NJ 070182693 69,000 Housing Authority of the Borough of Fort Lee 1403 Teresa Drive, Fort Lee ...... NJ 07024–2102 51,000 Suite FLHA. County of Monmouth ...... 3000 Kozloski Road ... Freehold ...... NJ 07728–9969 69,000 Irvington Housing Authority ...... 624 Nye Avenue ...... Irvington ...... NJ 071112323 68,680 Housing Authority of City of Jersey City ...... 400 US Highway #1 ... Jersey City ...... NJ 07306–6545 243,635 Lakewood Housing Authority ...... 317 Sampson Avenue Lakewood ...... NJ 08701–3565 66,214 Lakewood TWP Residential Assistance Pro- 600 W. Kennedy Blvd Lakewood ...... NJ 08701–1243 51,140 gram. Housing Authority of the Borough of Madison 24 Central Avenue ..... Madison ...... NJ 079401811 69,000 Housing Authority County of Morris ...... 99 Ketch Road ...... Morristown ...... NJ 07960–2606 68,587 The Newark Housing Authority ...... 500 Broad S., 2nd Flr Newark ...... NJ 07102–3112 134,897 Housing Authority of the City of Orange ...... 340 Thomas Boule- Orange ...... NJ 07050–4151 68,000 vard. Passaic County Public Housing Agency ...... 100 Hamilton Plaza Paterson ...... NJ 07505–2100 123,244 Suite 510. Housing Authority of the City of Perth Amboy P.O. Box 390 ...... Perth Amboy ...... NJ 08862–0390 191,458 The Housing Authority of Plainfield ...... 510 East Front Street Plainfield ...... NJ 07060–1449 69,000 Pleasantville Housing Authority ...... 168 North Main Street Pleasantville ...... NJ 08232–2569 137,680 NJ Department of Community Affairs ...... 101 S. Broad Street, Trenton ...... NJ 08625–0051 207,000 P.O. Box 051. Housing Authority of the City of Vineland ...... 191 West Chester Av- Vineland ...... NJ 08360–5417 69,000 enue. Woodbridge Housing Authority ...... 20 Bunns Lane ...... Woodbridge ...... NJ 07067–1765 22,286 Bernalillo County Housing Department ...... 1900 Bridge Blvd SW Albuquerque ...... NM 87105–3164 118,368 Clovis Housing and Redevelopment Agency, 2101 W Grand Ave- Clovis ...... NM 88101–3315 86,644 Inc. nue. Mesilla Valley Public Housing Authority ...... 926 S San Pedro Las Cruces ...... NM 88001–3637 26,322 Street. Eastern Regional Housing Authority ...... P.O. Drawer 2057 ...... Roswell ...... NM 88202–2057 138,000 Santa Fe Civic Housing Authority ...... 664 Alta Vista Street .. Santa Fe ...... NM 87505–4149 62,275 Santa Fe County Housing Authority ...... 52 Camino De Jacobo Santa Fe ...... NM 875073546 46,984 Housing Authority of the City of Truth or Con- 108 S. Cedar ...... Truth or Consequences NM 87901–2881 45,325 sequences. Southern Nevada Regional Housing Authority 340 North 11th Street Las Vegas ...... NV 89101–3162 697,609 Ithaca Housing Authority ...... 200 South Pearl Albany ...... NY 14850–5347 137,360 Street. Town of Huntington Housing Authority ...... 38–40 State Street ..... Albany ...... NY 11746–1223 68,680 Town of Smithtown ...... 52 Division Street ...... Amsterdam ...... NY 11787–0575 24,853 City of North Tonawanda, Belmont Housing 1195 Main Street ...... Buffalo ...... NY 14209–2196 48,583 Resources, Agent. Geneva Housing Authority ...... 300 Perry Street ...... Buffalo ...... NY 14456–1718 65,642 Town of Colonie ...... 1195 Main Street ...... Buffalo ...... NY 12866–4111 52,602 Town of Guilderland ...... 470 Franklin Street .... Buffalo ...... NY 12866–4111 65,038 Cohoes Housing Authority ...... One Independence Farmingville ...... NY 12866–4111 34,212 Hill. Village of Highland Falls ...... 41 Lewis St., P.O. Geneva ...... NY 12866–4111 32,969 Box 153. Buffalo Municipal Housing Authority ...... 1a Lowndes Avenue .. Huntington Housing Au- NY 14204–2270 34,500 thority. Town of Brookhaven ...... 800 S. Plain St...... Ithaca ...... NY 11738–0362 58,273 Village of Kiryas Joel Housing Authority ...... 301 Michigan St ...... Lockport ...... NY 109502938 66,200 Municipal Housing Authority of the City of 51 Forest Road Suite Monroe ...... NY 12305–2595 105,029 Schenectady. 360. New York City Housing Authority ...... 76 Evergreen Drive .... Monticello ...... NY 10007–2599 207,000 Mechanicville Housing Authority ...... 281 Phelps Lane ...... N. Babylon ...... NY 12866–4111 66,479 Albany Housing Authority ...... 100 Gold Street ...... New York ...... NY 12202–0000 206,360 Syracuse Housing Authority ...... 250 Broadway ...... New York ...... NY 13202–3934 206,040

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Recipient Amount

Municipal Housing Authority of the City of 963 Montauk Highway Oakdale ...... NY 13501–2540 69,000 Utica, New York. Town of Islip Housing Authority ...... 20 West Oneida Oswego ...... NY 11769–1433 51,000 Street, Third Floor. New York City Dept. of Housing Preservation 675 West Main Street Rochester ...... NY 10038 1605 1,373,600 & Development. City of Johnstown ...... 11 Federal Street ...... Saratoga Springs ...... NY 12866–4111 32,969 City of Lockport Housing Authority Inc ...... 11 Federal Street ...... Saratoga Springs ...... NY 14094–1724 68,000 City of Utica Section 8 Program ...... 11 Federal Street ...... Saratoga Springs ...... NY 13502–4236 46,000 Monticello Housing Authority ...... 11 Federal Street ...... Saratoga Springs ...... NY 12701–0000 74,839 NYS Housing Trust Fund Corp ...... 11 Federal Street ...... Saratoga Springs ...... NY 12207–2837 1,224,755 Rental Assistance Corporation of Buffalo ...... 11 Federal Street ...... Saratoga Springs ...... NY 14202–1375 98,697 Rotterdam FSS ...... 11 Federal Street ...... Saratoga Springs ...... NY 12866–4111 54,797 Town of Babylon Housing Assistance Agency 11 Federal Street ...... Saratoga Springs ...... NY 11703–4006 49,599 Troy Housing Authority ...... 11 Federal Street ...... Saratoga Springs ...... NY 12180–1423 130,955 Village of Ballston Spa ...... 11 Federal Street ...... Saratoga Springs ...... NY 12866–4111 41,623 Village of Fort Plain ...... 11 Federal Street ...... Saratoga Springs ...... NY 12866–4111 65,938 Erie County PHA Consortium, Town of Am- 375 Broadway ...... Schenectady ...... NY 14209–2196 147,097 herst, Belmont Housing. City of Oswego Community Development Of- P.O. Box 575 ...... Smithtown ...... NY 13126–2574 34,500 fice. Rochester Housing Authority ...... 516 Burt Street ...... Syracuse, ...... NY 14611–2313 175,814 Amsterdam Housing Authority ...... One Eddy’s Lane ...... Troy ...... NY 12010–4002 101,435 Gloversville Housing Authority ...... 509 Second Street, Utica ...... NY 12866–4111 74,199 Suite One. Village of Scotia ...... 1 Kennedy Plaza ...... Utica ...... NY 12866–4111 28,779 Trumbull Metropolitan Housing Authority ...... 100 West Cedar Akron ...... OH 44484–3397 116,290 Street. Clinton Metropolitan Housing Authority ...... 10 Hope Drive ...... Athens ...... OH 45177–1222 50,225 Parma Public Housing Agency ...... 116 North Everett Bellefontaine ...... OH 44134–2775 41,212 Street. Allen Metropolitan Housing Authority ...... 1100 Maple Court ...... Cambridge ...... OH 45804–1242 39,501 Portage Metropolitan Housing Authority ...... 385 Center St ...... Chardon ...... OH 44266–1650 38,462 Geauga Metropolitan Housing Authority ...... 178 West Fourth Chillicothe ...... OH 44024–1155 122,654 Street. Columbus Metropolitan Housing Authority ..... 1627 Western Avenue Cincinnati ...... OH 43211–2771 143,439 Morgan Metropolitan Housing Authority ...... 176 Rustic Dr ...... Circleville ...... OH 43756–9701 46,264 Lucas Metropolitan Housing Authority ...... 8120 Kinsman Road .. Cleveland ...... OH 43697–0477 236,365 Wayne Metropolitan Housing Authority ...... 880 E. 11th Avenue ... Columbus ...... OH 44691/3566 43,528 Youngstown Metropolitan Housing Authority 400 Wayne Avenue ... Dayton ...... OH 44503–1399 241,611 Delaware Metropolitan Housing Authority ...... 222 Curtis St (Rear) .. Delaware ...... OH 43015–2595 34,500 Logan County Metropolitan Housing Authority 315 N. Columbus St .. Lancaster ...... OH 43311–1132 37,903 Pickaway Metro Housing Authority ...... 600 S. Main St ...... Lima ...... OH 43113–1576 23,500 Lorain Metropolitan Housing Authority ...... 1600 Kansas Avenue Lorain ...... OH 44052–3317 111,120 Cuyahoga Metropolitan Housing Authority ..... 401 East Seventh Manchester ...... OH 44104–4310 213,277 Street. The City of Marietta, Ohio/PHA ...... 301 Putnam Street ..... Marietta ...... OH 45750 44,222 Vinton Metropolitan Housing Authority ...... 310 West High Street, McArthur ...... OH 45651–0487 38,728 P.O. Box 487. Fairfield Metropolitan Housing Authority ...... 4580 N St Rt. 376 NW McConnelsville ...... OH 43130–1619 109,225 Adams Metropolitan Housing Authority ...... 441 General Hartinger Middleport ...... OH 45144–1401 40,000 Parkway. Morrow Metropolitan Housing Authority ...... 619 West Marion Mount Gilead ...... OH 43338–1097 37,589 Road, Suite 107. Tuscarawas Metropolitan Housing Authority .. 201a West High Mount Vernon ...... OH 44663–3861 50,000 Street. Cambridge Metropolitan Housing Authority .... 134 Second Street New Philadelphia ...... OH 43725–6388 32,900 SW. Springfield Metropolitan Housing Authority .... 189 First Street ...... Painesville ...... OH 45502–1219 69,000 Meigs Metropolitan Housing Authority ...... 1440 Rockside Road Parma ...... OH 45760–1251 14,608 Suite 306. Lake Metropolitan Housing Authority ...... 2832 State Route 59 Ravenna ...... OH 44077–3111 57,000 Chillicothe Metropolitan Housing Authority ..... 322 Warren Street ..... Sandusky ...... OH 45601–3219 95,572 Athens Metropolitan Housing Authority ...... 101 West High St ...... Springfield ...... OH 45701–2136 41,276 Jefferson Metropolitan Housing Authority ...... 815 North Sixth Ave- Steubenville ...... OH 43952–1861 49,999 nue. Akron Metropolitan Housing Authority ...... 435 Nebraska ...... Toledo ...... OH 44307–2502 312,696 Zanesville Metropolitan Housing Authority ..... 4076 Youngstown Warren ...... OH 43701–6871 210,794 Road, Se, Suite 101. Knox Metropolitan Housing Authority ...... 249 West 13th Street, Wellston ...... OH 43050–2427 23,122 P.O. Box 619. Cincinnati Metropolitan Housing Authority ..... 478 Thorne Avenue ... Wilmington ...... OH 45214–2001 333,219 Erie Metropolitan Housing Authority ...... 345 North Market Wooster ...... OH 44870–2265 51,650 Street.

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Recipient Amount

Dayton Metropolitan Housing Authority ...... 131 West Boardman Youngstown ...... OH 45410–1118 160,294 St. Jackson Metropolitan Housing Authority ...... 407 Pershing Road .... Zanesville ...... OH 45692–0619 40,640 Housing Authority of the City of Muskogee .... 220 North 40th ...... Muskogee ...... OK 74401–2129 42,436 Housing Authority of the City of Norman ...... 700 North Berry Road Norman ...... OK 73069–7562 44,515 Oklahoma City Housing Authority ...... 1700 Northeast Fourth Oklahoma City ...... OK 73117–3800 35,358 Street. Oklahoma Housing Finance Agency ...... 100 NW 63rd Street, Oklahoma City ...... OK 73116–8208 195,071 Suite 200. Housing Authority of the City of Shawnee ..... 601 W. Seventh St., Shawnee ...... OK 74802–3427 133,356 P.O. Box 3427. Housing Authority of the City of Stillwater ...... 807 S. Lowry ...... Stillwater ...... OK 74074–4742 45,178 Housing Authority of the City of Tulsa ...... 415 E. Independence Tulsa ...... OK 74106–5727 86,006 St. Linn-Benton Housing Authority ...... 1250 Queen Avenue Albany ...... OR 97322–6661 137,360 Se. Housing Authority & Urban Renewal Agency 204 SW Walnut Ave., Dallas ...... OR 97338–1428 67,000 of Polk County. P.O. Box 467. Housing and Community Services Agency of 177 Day Island Rd ..... Eugene ...... OR 97401–7911 207,000 Lane County. Housing Authority of Washington County ...... 111 Ne Lincoln Street, Hillsboro ...... OR 97124–3036 120,563 Suite 200–L. Northeast Oregon Housing Authority ...... P.O. Box 3357 ...... La Grande ...... OR 97850–7357 85,000 Housing Authority of Yamhill County ...... 135 Ne Dunn Place ... McMinnville ...... OR 97128–9081 262,625 Housing Authority of Jackson County ...... 2251 Table Rock Rd .. Medford ...... OR 97501–1409 127,526 Housing Authority of Clackamas County ...... P.O. Box 1510; 13930 Oregon City ...... OR 97045–0510 99,286 S. Gain St. Home Forward ...... 135 SW Ash Street .... Portland ...... OR 97204–3540 513,219 Central Oregon Regional Housing Authority .. 405 SW 6th Street ..... Redmond ...... OR 97756–2204 134,654 Housing Authority of the City of Salem ...... 360 Church St Se ...... Salem ...... OR 97301–3707 267,213 Marion County Housing Authority ...... 2645 Portland Rd. Salem ...... OR 97301–0198 48,040 N.E. Suite 200. Columbia Gorge Housing Authority ...... 500 E 2nd Street ...... The Dalles ...... OR 97058–2129 54,000 Mid-Columbia Housing Authority ...... 500 E 2nd St ...... The Dalles ...... OR 97058–2129 54,000 Northwest Oregon Housing Authority ...... P.O. Box 1149 ...... Warrenton ...... OR 97146–1149 45,437 Lehigh County Housing Authority ...... 2700 Pleasant Valley Altoona ...... PA 18049–3722 48,480 Blvd. Housing Authority of the County of Dauphin .. 602 East Howard Bellefonte ...... PA 17113–7598 56,654 Street. Housing Authority of Indiana County ...... 114 Woody Dr ...... Butler ...... PA 15701–2132 26,429 Lycoming County Housing Authority ...... 436 West Washington Chambersburg ...... PA 17701–2824 39,952 St. Adams County Housing Authority ...... 8 West Main Street .... Clarion ...... PA 17325–2316 47,768 Westmoreland County Housing Authority ...... 157 South Fourth Easton ...... PA 15601–6392 210,717 Street, P.O. Box 876. Housing Authority of the County of Franklin .. 635 Broad St ...... Emmaus ...... PA 17201–2458 20,800 Housing Authority of the City of Lancaster .... 40 E. High St ...... Gettysburg ...... PA 17602–4201 34,500 Housing Authority of North Cumberland 154 S. Greengate Greensburg ...... PA 17847–1016 64,214 County. Road. Philadelphia Housing Authority ...... 351 Chestnut Street ... Harrisburg ...... PA 19103–3014 414,000 Housing Authority of Centre County ...... 104 Philadelphia Indiana ...... PA 16823–2145 47,278 Street. Housing Authority of the County of Clarion .... 350 South Jefferson Kittanning ...... PA 16214–1816 81,266 Street. Delaware County Housing Authority ...... 325 Church Street ..... Lancaster ...... PA 19094–1428 43,932 Altoona Housing Authority ...... 50 Manoning Street ... Milton ...... PA 16602–4492 53,836 Allegheny County Housing Authority ...... 104 W. Main Street, Norristown ...... PA 15222–1418 169,307 Suite #1. Housing Authority of the City of Pittsburgh .... 12 S. 23rd Street, 6th Philadelphia ...... PA 15219–2068 349,017 Floor. Housing Authority of the County of Armstrong 200 Ross St ...... Pittsburgh ...... PA 16201–2418 26,587 Housing Authority of the County of Chester .. 625 Stanwix Street– Pittsburgh ...... PA 19382–8401 53,200 12th Floor. Housing Authority of the City of York ...... 501 Mohn Street, P.O. Steelton ...... PA 17403–0000 69,000 Box 7598. Housing Authority of the City of Easton ...... 30 West Barnard West Chester ...... PA 18044–0876 57,570 Street, Suite 2. Harrisburg Housing Authority ...... 1941 Lincoln Drive ..... Williamsport ...... PA 17101–2785 55,000 Montgomery County Housing Authority ...... 1855 Constitution Av- Woodlyn ...... PA 19401–4716 55,182 enue. The Housing Authority of the County of Butler 31 S. Broad St ...... York ...... PA 16001–5692 45,477 Municipality of Bayamon ...... P.O. Box 1588 ...... Bayamon ...... PR 00960–1588 28,180

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Recipient Amount

Municipality of Juana Diaz ...... Calle Degetau #35, Juana Diaz ...... PR 00795–1409 24,203 P.O. Box 1409. Municipality of San German ...... 136 Ave Universidad San German ...... PR 0000–00683 58,755 Interamericana. Municipality of San Juan ...... P.O. Box 70179 ...... San Juan ...... PR 00936–8179 30,105 Central Falls Housing Authority ...... 30 Washington Street Central Falls ...... RI 02863–2842 63,456 Town of Coventry Housing Authority ...... 14 Manchester Circle Coventry ...... RI 02816–8827 51,571 Town of Cumberland Housing Authority ...... 573 Mendon Rd ...... Cumberland ...... RI 02864–6200 67,326 Housing Authority of the Town of East 146 First Avenue ...... East Greenwich ...... RI 02818–3663 69,000 Greenwich. East Providence Housing Authority ...... 99 Goldsmith Avenue East Providence ...... RI 02914–2221 58,970 Narragansett Housing Authority ...... 25 Fifth Avenue ...... Narragansett ...... RI 02882–3612 69,000 Town of North Providence Housing Authority 945 Charles Street ..... North Providence ...... RI 02904–5647 20,020 Housing Authority of the City of Pawtucket .... 214 Roosevelt Avenue Pawtucket ...... RI 02860–2153 138,000 Rhode Island Housing ...... 44 Washington Street Providence ...... RI 02903–1721 183,618 The Housing Authority of the City of Provi- 100 Broad Street ...... Providence ...... RI 02903–4129 196,744 dence. Warwick Housing Authority ...... 1035 West Shore Warwick ...... RI 02889–3417 69,000 Road. Charleston County Housing and Redevelop- 2106 Mount Pleasant Charleston ...... SC 29403–0000 60,000 ment Authority. Street. The Housing Authority City of Charleston ...... 550 Meeting Street .... Charleston ...... SC 29403–5068 52,136 Housing Authority of Greenville ...... 122 Edinburg ...... Greenville ...... SC 29607–2530 101,393 Housing Authority of Myrtle Beach ...... 605 10th Avenue Myrtle Beach ...... SC 29577–2468 68,680 North, P.O. Box 2468. North Charleston Housing Authority ...... 2170 Ashley Phos- North Charleston ...... SC 29406–4195 50,000 phate Rd., #700. Housing Authority of the City of Spartanburg 2271 South Pine Spartanburg ...... SC 29302–4339 109,364 Street. Brookings County Housing & Redevelopment 1310 S. Main Ave. Brookings ...... SD 57006–0432 37,823 Commission. Suite #106. Mobridge Housing & Redevelopment Com- 202 1st Ave East ...... Mobridge ...... SD 57601–0370 34,233 mission. Sioux Falls Housing and Redevelopment 630 S. Minnesota Ave Sioux Falls ...... SD 57104–4825 73,865 Commission. Chattanooga Housing Authority ...... 801 N Holtzclaw Ave- Chattanooga ...... TN 37404–1486 125,800 nue. East Tennessee Human Resource Agency, 101 Penny Avenue .... Columbia ...... TN 37923–4517 34,750 Inc. Jackson Housing Authority ...... P.O. Box 425 ...... Crossville ...... TN 38301–4888 203,278 Town of Crossville Housing Authority ...... 200 Spring Street ...... Franklin ...... TN 38557–0425 54,158 Shelbyville Housing Authority ...... 125 Preston Street ..... Jackson ...... TN 37160–3295 49,037 Kingsport Housing & Redevelopment Author- 906 E. Sevier Avenue, Kingsport ...... TN 37662–0044 157,258 ity. P.O. Box 44. Franklin Housing Authority ...... 9111 Cross Park Knoxville ...... TN 37064–3311 55,080 Drive Suite D–100. Knoxville’s Community Development Cor- 901 N. Broadway, Knoxville ...... TN 37927–6663 48,583 poration. P.O. Box 3550. Housing Authority of the City of Mission ...... 1300 East 8th ...... Mission ...... TN 78572–5817 86,735 Tennessee Housing Development Agency .... 502 Deaderick Street Nashville ...... TN 37243–0900 267,000 Third Floor. Oak Ridge Housing Authority ...... 10 Van Hicks Lane .... Oak Ridge ...... TN 37830–4969 20,892 Columbia Housing & Redevelopment Author- 316 Templeton Street Shelbyville ...... TN 38401–0000 69,000 ity. Housing Authority of the City of Waco ...... 534 Cypress, Suite Abilene ...... TX 76703–0978 98,746 200. Housing Authority of the City of Pharr ...... P.O. Box 1971 ...... Amarillo ...... TX 78577–3023 37,501 Housing Authority of the City of Wichita Falls 1007 Franklin St ...... Anthony ...... TX 76306–2954 48,500 Housing Authority of the City of Lubbock ...... 501 W. Sanford Arlington ...... TX 79401–5105 39,390 Street, Suite 20. City of Longview, TX ...... 1124 S. Ih-35 ...... Austin ...... TX 75606–1952 49,014 Housing Authority of the City of Abilene ...... 1890 Laurel ...... Beaumont ...... TX 79601–5198 48,320 Housing Authority of San Angelo ...... 2606 Boca Chica Blvd Brownsville ...... TX 76903–2455 80,000 Anthony Housing Authority ...... 3991 E. 29th Street, Bryan ...... TX 79821–0017 37,988 P.O. Drawer 4128. Housing Authority of Bexar County ...... 1500 North Frazier, Conroe ...... TX 78212–0000 179,000 Suite 101. Housing Authority of the City of Ft. Worth ..... 3939 N. Hampton Rd Dallas ...... TX 76102–5764 337,320 Robstown Housing Authority ...... 2377 North Stemmons Dallas ...... TX 78380–4110 30,000 Freeway, Suite 600. Housing Authority of Austin ...... 5300 E. Paisano Dr ... El Paso ...... TX 78704–2614 248,317 Housing Authority of the City of El Paso ...... 1201 E. 13th Street ... Fort Worth ...... TX 79905–2931 101,794 Galveston Housing Authority ...... 2100 Circle Drive ...... Fort Worth ...... TX 77551–4241 29,576

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Recipient Amount

Housing Authority of the Round Rock ...... 4700 Broadway ...... Galveston ...... TX 78664–4545 69,000 Houston Housing Authority ...... 2640 Fountainview, Houston ...... TX 77057–7610 327,282 Suite 400. Tarrant County Housing Assistance Office .... 340 State Hwy 75 Huntsville ...... TX 76119–8130 194,081 North, Ste. E. Housing Authority of the City of Arlington ...... 210 Premier Drive ...... Jasper ...... TX 76011–7090 162,702 Brazos Valley Council of Governments ...... 1000 W. Corral Ave- Kingsville ...... TX 77805–4128 483,000 nue. Housing Authority of the City of Beaumont .... P.O. Box 1952 ...... Longview ...... TX 77701–1904 82,410 Housing Authority of the City of Brownsville .. 1708 Crickets Avenue Lubbock ...... TX 78521–2312 182,283 City of Amarillo ...... 2301 Jasmine Avenue McAllen ...... TX 79105–1971 34,500 San Marcos Housing Authority ...... 1710 Edwards ...... Midland ...... TX 78666–6565 102,520 Housing Authority of the County of Hidalgo ... 104 W. Polk Ave ...... Pharr ...... TX 78599–4034 79,196 Midland County Housing Authority ...... 625 W. Ave. F ...... Robstown ...... TX 79701–2313 42,466 Texoma Council of Governments ...... 1505 Lance Lane ...... Round Rock ...... TX 75090–3107 134,862 McAllen Housing Authority ...... 420 East 28th Street .. San Angelo ...... TX 78501–7496 45,000 Dallas, County of ...... 1017 N. Main Avenue, San Antonio ...... TX 75207–2710 64,000 Suite 201. Walker County Housing Authority ...... 818 S. Flores Street .. San Antonio ...... TX 77320–3176 45,450 Deep East Texas Council of Governments .... 1201 Thorpe Lane ..... San Marcos ...... TX 75951–7495 71,714 Housing Authority of the City of Kingsville ..... 1117 Gallagher Drive Sherman ...... TX 78363–3035 54,823 San Antonio Housing Authority ...... 4400 Cobbs Drive, Waco ...... TX 78208–0000 807,673 P.O. Box 978. Montgomery County Housing Authority ...... 1800 N Texas Blvd .... Weslaco ...... TX 77301–22208 43,122 The Housing Authority of the City of Dallas ... 501 Webster ...... Wichita Falls ...... TX 75212–1603 746,384 Davis Community Housing Authority ...... 352 South 200 West, Farmington ...... UT 84025–0328 24,387 Suite 1, P.O. Box 328. Housing Authority of the City of Ogden ...... 1100 Grant Ave ...... Ogden ...... UT 84404–4931 52,030 Housing Authority of Utah County ...... 240 E Center ...... Provo ...... UT 84606–3162 53,539 Provo City Housing Authority ...... 650 West 100 North .. Provo ...... UT 84601–2632 81,952 Housing Authority of Salt Lake City ...... 1776 S West Temple Salt Lake City ...... UT 84115–1816 101,804 Housing Authority of the County of Salt Lake 3595 South Main Salt Lake City ...... UT 84115–4434 202,098 Street. St. George Housing Authority ...... 975 North 1725 West St. George ...... UT 84770–4963 20,570 # 101. Tooele County Housing Authority ...... 66 West Vine Street .. Tooele ...... UT 84074–2152 44,928 County of Loudoun ...... 401 Wythe Street ...... Alexandria ...... VA 20177–7400 67,326 Bristol Redevelopment and Housing Authority 809 Edmond Street .... Bristol ...... VA 24201–4385 41,843 City of Roanoke Redevelopment and Hous- 1468 S. Military High- Chesapeake ...... VA 24017–5443 161,460 ing Authority. way. Richmond Redevelopment and Housing Au- 135 Jones Crossing ... Danville ...... VA 23220–6887 69,000 thority. City of VA Beach Dept. of Housing and 3700 Pender Drive, Fairfax ...... VA 23456–9083 48,435 Neighborhood Preservation. Suite 300. Hampton Redevelopment & Housing Author- 100 East Fourth Ave .. Franklin ...... VA 23669–0280 50,813 ity. Chesapeake Redevelopment & Housing Au- 1 Franklin St, Suite Hampton ...... VA 23320–2604 162,030 thority. 603, P.O. Box 280. Alexandria Redevelopment & Housing Au- P.O. Box 1361 ...... Hopewell ...... VA 22314–0000 138,000 thority. James City County Office of Housing & Com- P.O. Box 7400 ...... Leesburg ...... VA 23188–2674 23,990 munity Development. Newport News Redevelopment and Housing 227 27th Street ...... Newport News ...... VA 23607–0797 148,068 Authority. Hopewell Redevelopment and Housing Au- 201 Granby Street ..... Norfolk ...... VA 23860–7812 69,000 thority. Portsmouth Redevelopment and Housing Au- 3116 South Street, Portsmouth ...... VA 23705–4116 196,272 thority. P.O. Box 1098. Norfolk Redevelopment and Housing Author- 901 Chamberlayne Richmond ...... VA 23510–1820 332,175 ity. Parkway. Danville Redevelopment and Housing Au- 2624 Salem Turnpike, Roanoke ...... VA 24541–0669 47,271 thority. N.W. Fairfax County Redevelopment and Housing 530 East Pinner Suffolk ...... VA 22030–6039 138,000 Authority. Street. Waynesboro Redevelopment and Housing 2424 Courthouse Virginia Beach ...... VA 22980–0821 83,321 Authority. Drive. Franklin Redevelopment and Housing Au- 1700 New Hope Waynesboro ...... VA 23851–1901 60,000 thority. Road, P.O. Box 1138. Suffolk Redevelopment and Housing Author- 5320 Palmer Lane, Williamsburg ...... VA 23434–3023 104,340 ity. Suite 1a. Prince William County OHCD ...... 15941 Donald Curtis Woodbridge ...... VA 22191–4256 69,000 Drive.

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Recipient Amount

Virgin Islands Housing Authority ...... 4402 Anna’s Retreat St. Thomas ...... VI 00802–1737 69,000 #200. Brattleboro Housing Authority ...... P.O. Box 2275 ...... Brattleboro ...... VT 05303–0000 138,000 Burlington Housing Authority ...... 65 Main Street ...... Burlington ...... VT 05401–8408 101,685 Vermont State Housing Authority ...... 1 Prospect Street ...... Montpelier ...... VT 05602–3556 234,998 Housing Authority of Island County ...... 345 6th Street, Suite Bremerton ...... WA 98239–3400 48,267 100. The Housing Authority of the City Bremerton 600 Park Ave ...... Bremerton ...... WA 98337–1544 66,717 Pierce County Housing Authority ...... 1650 Port Drive ...... Burlington ...... WA 98444–2613 138,000 Housing Authority of the City of Pasco and 7 NW 6th Street ...... Coupeville ...... WA 99301–4569 50,160 Franklin County. Housing Authority of the City of Vancouver ... 1415 S. 10th ...... Kelso ...... WA 98660–2676 192,056 Housing Authority City of Longview ...... 820 11th Avenue ...... Longview ...... WA 98632–2072 80,655 Housing Authority of the City of Yakima ...... 1206 12th Avenue SE Olympia ...... WA 98902–1474 113,500 Housing Authority City of Kelso ...... 2505 West Lewis Pasco ...... WA 98626–2729 44,266 Street. Peninsula Housing Authority ...... 2603 S. Francis Street Port Angeles ...... WA 98362–6710 94,170 Seattle Housing Authority ...... 190 Queen Anne Ave. Seattle ...... WA 98109–1028 414,000 N., P.O. Box 19028. Housing Authority of the City of Tacoma ...... 902 South L Street .... Tacoma ...... WA 98405–4037 197,662 Housing Authority of Thurston County ...... 1525 108th Street S .. Tacoma ...... WA 98501–2351 132,428 King County Housing Authority ...... 600 Andover Park Tukwila, ...... WA 98188–3326 329,785 West. Housing Authority of Chelan County and the 2500 Main St Ste 100 Vancouver ...... WA 98801–9417 42,067 City of Wenatchee. Housing Authority of Skagit County ...... 1555 S. Methow ...... Wenatchee ...... WA 98233–3106 49,000 Kitsap County Consolidated Housing Author- 810 N 6th Avenue ...... Yakima ...... WA 98337–1891 25,756 ity. Appleton Housing Authority ...... 925 W Northland Ave Appleton ...... WI 54914–1422 49,600 Brown County Housing Authority ...... 100 N Jefferson St ..... Green Bay ...... WI 54301–5006 90,308 City of Kenosha Housing Authority ...... 625 52nd Street, Rm Kenosha ...... WI 53140–3480 67,266 98. Housing Authority of the City of Milwaukee ... P.O. Box 324 ...... Milwaukee ...... WI 53201–0324 138,000 Dane County Housing Authority ...... 2001 W. Broadway .... Monona ...... WI 53713–3707 38,572 Winnebago County Housing Authority ...... 600 Merritt Avenue .... Oshkosh ...... WI 54901–5178 69,000 Housing Authority of Racine County ...... 837 Main Street ...... Racine ...... WI 53403–1522 66,190 Benwood-McMechen Housing Authority ...... 2200 Marshall Street Benwood ...... WV 26031–1323 18,104 Charleston-Kanawha Housing Authority ...... 1525 Washington St Charleston ...... WV 25387–2332 81,960 West. Clarksburg-Harrison Regional Housing Au- 433 Baltimore Ave ..... Clarksburg ...... WV 26301–2053 34,028 thority. Housing Authority of Mingo County ...... 5026 Helena Avenue Delbarton ...... WV 25670–0120 69,000 Randolph County Housing Authority ...... 1404 N Randolph Av- Elkins ...... WV 26241–9661 22,736 enue, P.O. Box 1579. The Fairmont-Morgantown Housing Authority 103 Twelfth Street, Fairmont ...... WV 26555–2738 30,186 P.O. Box 2738. The Huntington West Virginia Housing Au- 300 Seventh Avenue, Huntington ...... WV 25701–1739 36,960 thority. West. Parkersburg Housing Authority ...... 1901 Cameron Ave .... Parkersburg ...... WV 26101–9316 43,275 Wheeling Housing Authority ...... 11 Community St., Wheeling ...... WV 26003–5201 48,410 P.O. Box 2089.

Appendix C FY2016 Jobs Plus Initiative Contact: Jayme Brown, 202–402–3264

Recipient Amount

Housing Authority of the City of Tampa ...... 5301 West Cypress St Tampa ...... FL 33607 $2,500,000 City of Phoenix Housing Department ...... 251 W. Washington St Phoenix ...... AZ 85003 2,000,000 Housing Authority of Baltimore City ...... 417 E. Fayette Street Baltimore ...... MD 21202 2,498,734 Greater Dayton Premier Management (Day- 400 Wayne Ave ...... Dayton ...... OH 45410 2,399,211 ton MHA). New York City Housing Authority ...... 250 Broadway ...... New York ...... NY 10007 2,000,000 The City of Providence Housing Authority ..... 100 Broad St ...... Providence ...... RI 02903 2,999,608

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Appendix D FY2016 Research and Evaluation, Demonstration, and Data Analysis and Utilization Contact:

Recipient Amount

The Urban Institute ...... 2100 M St. NW ...... Washington ...... DC 20037 $899,177 University of Florida ...... 207 Ginter Hall ...... Gainesville ...... FL 32611 531,539 Home Innovation Research ...... 400 Prince Georges Upper Marlboro ...... MD 20774 835,325 Blvd. Auburn University ...... 310 Samford Hall ...... Auburn ...... AL 36849 633,136

Appendix E FY2017 Comprehensive Housing Counseling Grant Program Contact: David Valdez, 713–718–3178.

Recipient Amount

Jefferson County Housing Authority ...... 3700 Industrial Park- Birmingham ...... AL 35217 $15,476 way. United Way of Central Alabama, Inc ...... 3600 8th Avenue ...... Birmingham ...... AL 35222 308,121 Community Action Partnership of North Ala- 1909 Central Pkwy Decatur ...... AL 35601 22,042 bama, Inc. SW. Community Action Agency of Northwest Ala- 745 Thompson St ...... Florence ...... AL 35630 24,788 bama, Inc. Community Action Partnership, Huntsville/ 3516 Stringfield Rd Huntsville ...... AL 35810 20,542 Madison & Limestone Counties, Inc. NW. CCCS of Alabama—Montgomery ...... 640 South Lawrence Montgomery ...... AL 36104 24,236 Street, Farmer Wil- son Building. Housing Authority of the City of Prichard ...... 200 W. Prichard Ave- Prichard ...... AL 36610 18,221 nue. Organized Community Action Program, Inc ... 507 N 3 Notch St ...... Troy ...... AL 36081 20,840 Community Service Programs of West Ala- 601 Black Bears Way Tuscaloosa ...... AL 35401 25,609 bama, Inc. Mississippi County, Arkansas Economic Op- 1400 North Division Blytheville ...... AR 72315 17,400 portunity Commission, Inc. Street. Crawford Sebastian Community Development 1617 South Zero ...... Fort Smith ...... AR 72901 24,788 Council. Northwest Regional Housing Authority ...... 114 Sisco Ave ...... Harrison ...... AR 72601 16,296 In Affordable Housing, Incorporated ...... 108 S Rodney Little Rock ...... AR 72205 26,921 Parham Rd. Southern Bancorp Community Partners ...... 8924 Kanis Rd ...... Little Rock ...... AR 72205 19,721 Universal Housing Development Corporation 301 E 3rd St ...... Russellville ...... AR 72801 24,378 Newtown Community Development Corpora- 511 W University Dr., Tempe ...... AZ 85281 22,594 tion. Suite 4. Eden Council for Hope and Opportunity 770 A St ...... Hayward ...... CA 94541 24,251 (Echo). Operation Hope, Inc ...... 707 Wilshire Blvd Los Angeles ...... CA 90017 200,000 Suite 3030. Project Sentinel ...... 554 Valley Way ...... Milpitas ...... CA 95035 30,823 Community Housing and Shelter Services ..... 708 H Street ...... Modesto ...... CA 95354 21,378 Habitat for Humanity, Stanislaus County ...... 630 Kearney Avenue Modesto ...... CA 95350 25,199 National Association of Real Estate Brokers- 7677 Oak Port Street, Oakland ...... CA 94621 1,048,234 Investment Division, Inc. Suite 1030, 10th Fl. Fair Housing Council of Riverside County, Inc 3933 Mission Inn Ave Riverside ...... CA 92501 33,041 Asian Incorporated ...... 1167 Mission Street, San Francisco ...... CA 94103 23,288 4th Floor. Consumer Credit Counseling Services of San 595 Market St, Suite San Francisco ...... CA 94105 619,754 Francisco. 920. Fair Housing Advocates of Northern Cali- 1314 Lincoln Ave ...... San Rafael ...... CA 94901 20,825 fornia. Orange County Fair Housing Council, Inc ..... 1516 Brookhollow Santa Ana ...... CA 92705 17,542 Drive, Suite A. City of Vacaville Department of Housing 40 Eldridge Avenue Vacaville ...... CA 95688 19,580 Services. Suite 2. Community Services and Employment Train- 312 NW 3rd Avenue .. Visalia ...... CA 93291 18,079 ing, Inc.

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Recipient Amount

Rural Community Assistance Corporation ..... 3120 Freeboard Drive, West Sacramento ...... CA 95691 831,486 Suite 201. Colorado Housing and Finance Authority ...... 1981 Blake St ...... Denver ...... CO 80202 588,701 Community Renewal Team, Inc ...... 330 Market Street ...... Hartford ...... CT 06120 17,117 Connecticut Housing Finance Authority ...... 999 West Street ...... Rocky Hill ...... CT 06067 224,070 Housing Counseling Services, Incorporated .. 2410 17th St NW Ste Washington ...... DC 20009 77,205 100. National CAPACD ...... 1628 16th Street, NW, Washington ...... DC 20009 709,815 4th Floor. National Community Reinvestment Coalition, 740 15th St NW, Suite Washington ...... DC 20005 1,380,384 Inc. 400. National Council of La Raza ...... 1126 16th Street, NW, Washington ...... DC 20036 1,811,601 Suite 600, Raul Yzaguirre Building. National Foundation for Credit Counseling, 2000 M St. NW, Suite Washington ...... DC 20036 1,623,724 Inc. 505. Neighborhood Reinvestment Corp. DBA 999 North Capital Washington ...... DC 20002 3,000,000 NeighborWorks America. Street NE, Suite 900. Delaware State Housing Authority ...... 18 The Green ...... Dover ...... DE 19901 116,071 All-American Foreclosure Solutions, Inc ...... 1430 SE 16th PL Cape Coral ...... FL 33990 20,132 Suite ‘‘A‘‘. Bright Community Trust, Inc ...... 2605 Enterprise Road Clearwater ...... FL 33759 21,094 E. Suite 230. Tampa Bay Community Development Cor- 2139 NE Coachman Clearwater ...... FL 33765 25,340 poration. Rd. Adopt A Hurricane Family, Inc. Dba Crisis 4700 SW 64th Ave- Davie ...... FL 33314 20,146 Housing Solutions. nue—Suite C. Mid-Florida Housing Partnership, Inc ...... 1834 Mason Ave ...... Daytona Beach ...... FL 32117 22,736 Affordable Homeownership Foundation Inc ... 5264 Clayton Ct., Fort Myers ...... FL 33907 20,953 Suite 1. Home Ownership Resource Center of Lee 2915 Colonial Blvd Fort Myers ...... FL 33966 18,900 County. Ste 200. Lee County Housing Development Corpora- 3677 Central Ave, Fort Myers ...... FL 33901 18,079 tion. Suite F. Habitat for Humanity of Jacksonville, Inc ...... 2404 Hubbard Street Jacksonville ...... FL 32206 19,042 Jacksonville Area Legal Aid, Inc ...... 126 W Adams St ...... Jacksonville ...... FL 32202 22,736 The Agriculture and Labor Program, Inc ...... 300 Lynchburg Rd ..... Lake Alfred ...... FL 33850 17,527 Broward County Housing Authority ...... 4780 N State Road 7 Lauderdale Lakes ...... FL 33319 23,415 Debt Management Credit Counseling Corp ... 3310 N. Federal High- Lighthouse Point ...... FL 33064 124,970 way. Community Housing Initiative, Inc ...... 3033 College Wood Melbourne ...... FL 32934 23,147 Dr. Miami Beach Community Development Corp 945 Pennsylvania Ave Miami Beach ...... FL 33139 14,655 Ocala Housing Authority ...... 1629 NW 4th St ...... Ocala ...... FL 34475 28,370 Opa Locka Community Development Cor- 490 Opa Locka Blvd .. Opa Locka ...... FL 33054 23,005 poration. Community Enterprise Investments, Incor- 302 North Barcelona Pensacola ...... FL 32501 22,453 porated. St. Consolidated Credit Solutions, Inc ...... 5701 W Sunrise Blvd Plantation ...... FL 33313 46,737 Comprehensive Housing Resources, Inc ...... 21450 Gibralter Dr., Port Charlotte ...... FL 33952 20,825 Suite 1. Manatee Community Action Agency, Inc ...... 6428 Parkland Dr ...... Sarasota ...... FL 34243 20,811 Solita’s House Inc ...... 3101 E. 7th Ave ...... Tampa ...... FL 33605 26,161 Credit Card Mgmt. Svcs., Inc. DBA 1325 N Congress West Palm Beach ...... FL 33401 198,435 Debthelper.Com. Ave, #201. West Palm Beach Housing Authority ...... 1715 Division Ave ...... West Palm Beach ...... FL 33407 23,415 Area Committee to Improve Opportunities 594 Oconee Street .... Athens ...... GA 30605 20,542 Now, Inc. Georgia Housing and Finance Authority ...... 60 Executive Park Atlanta ...... GA 30329 570,000 South, NE. Summech Community Development Corpora- 633 Pryor Street ...... Atlanta ...... GA 30312 23,623 tion, Inc. Affordable Housing Enterprises, Inc ...... 214 South 12th Street Griffin ...... GA 30224 21,363 Home Development Resources, Inc ...... 67 Athens Street ...... Jefferson ...... GA 30549 15,886 Appalachian Housing and Redevelopment 800 Avenue B ...... Rome ...... GA 30165 14,655 Corporation. Economic Opportunity for Savannah Chat- 618 W Anderson St ... Savannah ...... GA 31415 19,594 ham County Area, Inc. Refugee Family Assistance Program ...... 5405 Memorial Drive Stone Mountain ...... GA 30083 21,915 Suite 101. United Neighbors, Inc ...... 808 Harrison Street ... Davenport ...... IA 52803 18,348 Home Opportunities Made Easy, Inc. (Home, 1111 Ninth Street, Des Moines ...... IA 50314 21,221 Inc.). Suite 210.

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Recipient Amount

Eastern Iowa Regional Housing Authority ...... 7600 Commerce Park Dubuque ...... IA 52002 22,250 Muscatine Municipal Housing Agency ...... 215 Sycamore St ...... Muscatine ...... IA 52761 21,632 Center for Siouxland ...... 715 Douglas St ...... Sioux City ...... IA 51101 27,534 Family Management Financial Solutions, Inc 359 Rock Island Ave Waterloo ...... IA 50701 23,496 Idaho Housing and Finance Association ...... 565 West Myrtle ...... Boise ...... ID 83702 267,723 Macoupin County Housing Authority ...... 760 Anderson Street .. Carlinville ...... IL 62626 18,348 Housing Action Illinois ...... 11 E. Adams St, Suite Chicago ...... IL 60603 820,030 1601. Latin United Community Housing Association 3541 W. North Ave- Chicago ...... IL 60647 25,000 nue. Smart Money Housing Aka Smart Women 3510 West Franklin Chicago ...... IL 60624 41,975 Smart Money. Blvd. Total Resource Community Development Or- 1415 W 104th St ...... Chicago ...... IL 60643 22,609 ganization. Community Investment Corporation of Deca- 2121 S. Imboden Decatur ...... IL 62521 21,221 tur, Inc. Court. Lake County Housing Authority ...... 33928 N US Highway Grayslake ...... IL 60030 23,684 45. Will County Center for Community Concerns 2455 Glenwood Ave .. Joliet ...... IL 60435 32,398 Springfield Housing Authority ...... 200 N 11th St ...... Springfield ...... IL 62703 14,655 Open Communities ...... 614 Lincoln Avenue ... Winnetka ...... IL 60093 17,259 City of Bloomington—Housing and Neighbor- 401 N Morton Street .. Bloomington ...... IN 47404 25,675 hood Development (Hand). Community Action Program of Evansville & 401 SE 6th St Ste 1 .. Evansville ...... IN 47713 21,915 Vanderburgh County, Inc. The Affordable Housing Corporation of Mar- 812 S Washington St Marion ...... IN 46953 26,982 ion, Indiana. Hoosier Uplands Economic Development 500 W Main St ...... Mitchell ...... IN 47446 24,378 Corporation. Muncie Home Ownership and Development 120 West Charles Muncie ...... IN 47305 21,363 Center. Street. Lincoln Hills Development Corporation ...... 302 Main St ...... Tell City ...... IN 47586 22,453 Housing Assistance and Development Serv- 215 E 12th Ave ...... Bowling Green ...... KY 42101 20,953 ices, Inc. Live The Dream Development, Inc ...... 247 Double Springs Bowling Green ...... KY 42101 17,117 Rd. Campbellsville Housing and Redevelopment 400 Ingram Ave, PO Campbellsville ...... KY 42718 11,970 Authority. Box 597. Kentucky Housing Corporation ...... 1231 Louisville Rd ..... Frankfort ...... KY 40601 357,292 KCEOC Community Action Partnership, Inc .. 5448 N US Highway Gray ...... KY 40734 20,684 25E. Louisiana Housing Corporation ...... 2415 Quail Drive ...... Baton Rouge ...... LA 70808 580,191 Saint Martin, Iberia, Lafayette Community Ac- 501 Saint John St ...... Lafayette ...... LA 70501 20,132 tion Agency. Action for Boston Community Development, 178 Tremont St ...... Boston ...... MA 02111 29,166 Inc. Citizens’ Housing and Planning Association, 18 Tremont Street, Boston ...... MA 02108 801,584 Inc. Suite 401. Neighborhood Stabilization Corporation ...... 225 Centre Street, Boston ...... MA 02119 1,717,297 Suite 100. The Housing Partnership Network ...... 1 Washington Mall, Boston ...... MA 02108 987,136 12th Fl. Chelsea Restoration Corporation ...... 154 Pearl St. Ofc 2 .... Chelsea ...... MA 02150 21,646 Catholic Social Services—Fall River ...... PO Box M ...... Fall River ...... MA 02724 17,117 Community Service Network, Inc ...... 136 Elm Street ...... Stoneham ...... MA 02180 20,750 Pro-Home, Inc ...... 40 Summer Street ..... Taunton ...... MA 02780 24,236 RCAP Solutions, Inc ...... 12 E Worcester St ..... Worcester ...... MA 01604 23,967 Arundel Community Development Service Inc 2666 Riva Road, Suite Annapolis ...... MD 21401 25,340 210. Garwyn Oaks Northwest Housing Resource 2300 Garrison Blvd, Baltimore ...... MD 21216 23,005 Center, Inc. Suite 140. Harford County Housing Agency ...... 15 S Main St Ste 106 Bel Air ...... MD 21014 26,906 Frederick Community Action Agency ...... 100 S Market St ...... Frederick ...... MD 21701 27,869 Maryland Rural Development Corporation ..... 101 Cedar Lane, PO Greensboro ...... MD 21639 20,400 Box 739. Hagerstown Neighborhood Development 21 E Franklin St ...... Hagerstown ...... MD 21740 23,826 Partnership, Inc. Washington County Community Action Coun- 101 Summit Ave ...... Hagerstown ...... MD 21740 26,227 cil. Southern Maryland Tri-County Community 8383 Old Hughesville ...... MD 20637 25,609 Action. Leonardtown Road. Housing Initiative Partnership, Inc ...... 6525 Belcrest Road, Hyattsville ...... MD 20782 33,786 Suite 555.

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Recipient Amount

Home Partnership, Inc ...... 626 Towne Center Joppa ...... MD 21085 19,990 Dr., Suite 102. Garrett County Community Action Com- 104 E Center St ...... Oakland ...... MD 21550 26,855 mittee, Inc. Homefree—U S A ...... 6200 Baltimore Ave- Riverdale ...... MD 20737 2,207,859 nue, 3rd Floor. Shore Up!, Inc ...... 520 Snow Hill Rd ...... Salisbury ...... MD 21804 18,900 Diversified Housing Development, Inc ...... 8025 Liberty Rd ...... Windsor Mill ...... MD 21244 24,378 Maine State Housing Authority ...... 353 Water Street ...... Augusta ...... ME 04330 178,000 Midcoast Maine Community Action ...... 34 Wing Farm Pkwy .. Bath ...... ME 04530 22,057 Bay Area Housing, Inc ...... 114 Washington Ave Bay City ...... MI 48708 23,826 Housing Services Mid-Michigan ...... 319 S Cochran Ave ... Charlotte ...... MI 48813 24,930 Greenpath, Inc ...... 36500 Corporate Farmington Hills ...... MI 48331 2,494,258 Drive. NCCS Center for Nonprofit Housing ...... 6308 S. Warner Ave .. Fremont ...... MI 49412 14,655 Grand Rapids Urban League ...... 745 Eastern Ave SE .. Grand Rapids ...... MI 49503 19,863 Community Action Agency ...... 1214 Greenwood Ave Jackson ...... MI 49203 31,025 Michigan State Housing Development Au- 735 E. Michigan Ave- Lansing ...... MI 48912 565,182 thority. nue. Oakland County Housing Counseling ...... 250 Elizabeth Lake Pontiac ...... MI 48341 31,771 Rd Ste 1900. Oakland Livingston Human Service Agency .. 196 Cesar E Chavez Pontiac ...... MI 48342 21,632 Ave. Northwest Michigan Community Action Agen- 3963 Three Mile Traverse City ...... MI 49686 26,982 cy, Inc. Road, North. Community Housing Network, Inc ...... 570 Kirts Blvd. Suite Troy ...... MI 48084 21,221 231. African Development Center of Minnesota .... 1931 S 5th St ...... Minneapolis ...... MN 55454 19,863 Homeownership Preservation Foundation ..... 7645 Lyndale Ave. Minneapolis ...... MN 55423 1,121,052 South, Suite 250. Catholic Charities Diocese of St. Cloud ...... 157 Roosevelt Rd Ste Saint Cloud ...... MN 56301 20,000 200. Minnesota Homeownership Center ...... 1000 Payne Avenue, Saint Paul ...... MN 55130 737,570 Suite 200. Southern Minnesota Regional Legal Serv- 55 5th St E Ste 400 ... Saint Paul ...... MN 55101 29,870 ices, Inc. Community Action Partnership of Hennepin 8800 Highway 7 Ste St Louis Park ...... MN 55426 37,277 County. 401. Community Services League ...... 404 North Noland Independence ...... MO 64050 23,288 Road. Better Family Life, Inc ...... 5415 Page Blvd Ste Saint Louis ...... MO 63112 18,363 204. Community Action Agency of St. Louis Coun- 2709 Woodson Rd ..... Saint Louis ...... MO 63114 17,117 ty, Inc. Housing Options Provided for the Elderly ...... 4265 Shaw Blvd ...... Saint Louis ...... MO 63110 261,946 Youth Education and Health in Soulard ...... 1901 S 11th St ...... Saint Louis ...... MO 63104 24,712 Housing Authority of the City of Jackson ...... 2747 Livingston Road, Jackson ...... MS 39213 22,453 256 East Fortifica- tion Street. Housing Education and Economic Develop- 3405 Medgar Evers Jackson ...... MS 39213 32,965 ment, Inc. Blvd. Mississippi Home Corporation ...... 735 Riverside Drive ... Jackson ...... MS 39202 364,661 Mississippi Homebuyer Education Center— 350 West Woodrow Jackson ...... MS 39213 382,914 Initiative. Wilson, Suite 3480. Covenant Faith Outreach Ministries—Cov- 1211 West Main ...... Tupelo ...... MS 38801 19,580 enant Community Development Corpora- tion. Montana Homeownership Network ...... 509 1st Ave S ...... Great Falls ...... MT 59401 459,160 Foothills Credit Counseling, Inc ...... 709 W Main St, Suite Forest City ...... NC 28043 25,123 A. Housing Authority of the City of Greensboro 450 N Church St ...... Greensboro ...... NC 27401 20,953 Western Piedmont Council of Governments .. 1880 2nd Ave NW ..... Hickory ...... NC 28601 32,464 Housing Authority of the City of High Point ... 500 E Russell Ave ..... High Point ...... NC 27260 22,042 Twin Rivers Opportunities, Inc ...... 318 Craven St ...... New Berlin ...... NC 28560 24,378 North Carolina Housing Coalition ...... 5800 Faringdon Place Raleigh ...... NC 27609 676,208 Raleigh Area Development Authority, Inc ...... 4030 Wake Forest Raleigh ...... NC 27609 23,288 Road, Suite 205. Telamon Corporation ...... 5560 Munford Road, Raleigh ...... NC 27612 435,381 Suite 109. Chatham County Housing Authority ...... 13450 US Hwy 64 Siler City ...... NC 27344 20,542 West. Sandhills Community Action Program, Inc ..... 340 Commerce Ave- Southern Pines ...... NC 28387 25,548 nue, Suite 20. Statesville Housing Authority ...... 110 W Allison St ...... Statesville ...... NC 28677 18,900

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Recipient Amount

North Dakota Housing Finance Agency ...... 2624 Vermont Avenue Bismarck ...... ND 58504 59,318 High Plains Community Development Cor- 803 E 3rd St Ste 4 ..... Chadron ...... NE 69337 30,129 poration. Blue Valley Community Action Partnership .... 620 5th St ...... Fairbury ...... NE 68352 17,259 Credit Advisors Foundation ...... 1818 S. 72nd Street .. Omaha ...... NE 68124 138,669 Family Housing Advisory Services, Inc ...... 2401 Lake St ...... Omaha ...... NE 68111 25,072 New Hampshire Housing Finance Authority .. 32 Constitution Dr ...... Bedford ...... NH 03110 290,146 Senior Citizens United Community Services 537 W Nicholson Rd .. Audubon ...... NJ 08106 22,802 of Camden County, Inc. County of Bergen, Department of Human 1 Bergen County Plz Hackensack ...... NJ 07601 18,556 Services, Division of Senior Services. Fl 2. Consumer Credit and Budget Counseling, 299 S Shore Rd, US Marmora ...... NJ 08223 135,145 Dba National Foundation for Debt Manage- Route 9 So. ment. Housing Authority of the City of Paterson ...... 60 Van Houten St ...... Paterson ...... NJ 07505 22,042 Central Jersey Housing Resource Center, Inc 600 1st Ave Ste 3 ...... Raritan ...... NJ 08869 14,500 Ocean Community Economic Action Now, 2008 Route 37 ...... Toms River ...... NJ 08753 24,647 Inc. (O.C.E.A.N., Inc.). Housing & Community Development Network 145 West Hanover Trenton ...... NJ 08618 300,106 of New Jersey. Street. New Jersey Housing and Mortgage Finance 637 South Clinton Av- Trenton ...... NJ 08611 160,748 Agency. enue. North Hudson Community Action Corporation 407 39th St Fl 2 ...... Union City ...... NJ 07087 18,348 Northern Pueblos Housing Authority ...... 5 W Gutierrez Ste 10 Santa Fe ...... NM 87506 18,348 Southern Nevada Regional Housing Authority 340 N 11th St ...... Las Vegas ...... NV 89101 18,348 Nevada Partners, Inc ...... 710 W Lake Mead North Las Vegas ...... NV 89030 23,557 Blvd. New York State Housing Finance Agency ..... 38–40 State Street, Albany ...... NY 12207 700,863 4th Floor. Allegany County Community Opportunities 84 Schuyler St ...... Belmont ...... NY 14813 26,982 and Rural Development (Accord) Corp. Metro-Interfaith Housing Management Cor- 21 New St ...... Binghamton ...... NY 13903 17,117 poration. Rockaway Development and Revitalization 1920 Mott Ave, Suite Far Rockaway ...... NY 11691 20,953 Corp. 2. City of Fulton Community Development 125 West Broadway .. Fulton ...... NY 13069 20,005 Agency. National Urban League ...... 120 Wall Street, 7th New York ...... NY 10005 1,123,216 Floor. New York Mortgage Coalition ...... 85 Broad Street, 17th New York ...... NY 10004 453,476 Floor. Strycker’s Bay Neighborhood Council, Inc ..... 696 Amsterdam Ave- New York ...... NY 10025 15,066 nue. Niagara Falls Neighborhood Housing Serv- 479 16th St ...... Niagara Falls ...... NY 14303 22,042 ices. Marketview Heights Association, Inc ...... 308 North Street ...... Rochester ...... NY 14605 23,005 Pathstone Corporation ...... 400 East Avenue ...... Rochester ...... NY 14607 261,565 Hispanic Brotherhood of Rockville Centre, Inc 59 Clinton Ave ...... Rockville Centre ...... NY 11570 20,273 Better Neighborhoods, Incorporated ...... 120 Emmons St ...... Schenectady ...... NY 12304 23,826 Fair Housing Contact Service ...... 441 Wolf Ledges Akron ...... OH 44311 26,085 Pkwy Ste 200. Working in Neighborhoods ...... 1814 Dreman Ave ...... Cincinnati ...... OH 45223 23,967 Community Housing Solutions ...... 12114 Larchmere Blvd Cleveland ...... OH 44120 19,311 CountyCorp ...... 130 W. Second Dayton ...... OH 45402 20,542 Street, Suite 1420. WSOS Community Action Commission, Inc .. 109 S Front St ...... Fremont ...... OH 43420 28,228 West Ohio Community Action Partnership ..... 540 S. Central Ave .... Lima ...... OH 45804 20,273 Fair Housing Resource Center ...... 1100 Mentor Ave ...... Painesville ...... OH 44077 32,257 Compass Family & Community Services ...... 535 Marmion Ave ...... Youngstown ...... OH 44502 20,811 Youngstown Metropolitan Housing Authority 131 W Boardman St .. Youngstown ...... OH 44503 23,415 Youngstown Neighborhood Development 820 Canfield Road ..... Youngstown ...... OH 44511 22,184 Corp. Consumer Credit Counseling Service of Cen- 3230 N Rockwell Ave Bethany ...... OK 73008 34,197 tral Oklahoma. Community Development Support Associa- 2615 E Randolph Ave Enid ...... OK 73701 18,759 tion. Choctaw Housing Authority ...... 207 Jim Monroe Rd ... Hugo ...... OK 74743 18,079 Community Action Agency of Oklahoma City 319 SW 25th St ...... Oklahoma City ...... OK 73109 18,759 & Oklahoma/Canadian Counties, Inc. Housing Partners of Tulsa, Incorporated ...... 415 E. Independence Tulsa ...... OK 74106 16,848 Street. Open Door Counseling Center ...... 34420 SW Tualatin Hillsboro ...... OR 97123 35,763 Valley Hwy.

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Recipient Amount

Community Connection of Northeast Oregon, 2802 Adams Ave ...... La Grande ...... OR 97850 19,580 Inc. Housing Authority of Yamhill County ...... 135 NE Dunn Pl ...... McMinnville ...... OR 97128 23,826 Native American Youth and Family Center .... 5135 NE Columbia Portland ...... OR 97218 14,655 Blvd. Westmoreland Community Action ...... 226 S Maple Ave ...... Greensburg ...... PA 15601 18,079 Pennsylvania Housing Finance Agency ...... 211 North Front Street Harrisburg ...... PA 17101 1,612,373 Mon Valley Initiative ...... 303–305 E. 8th Ave- Homestead ...... PA 15120 794,620 nue. Hispanic Association of Contractors and En- 167 W Allegheny Ave Philadelphia ...... PA 19140 26,161 terprises. Suite 200. Intercommunity Action, Inc. DBA Interact, 403 Rector St ...... Philadelphia ...... PA 19128 16,848 Journey’s Way. Nueva Esperanza, Inc ...... 4261 N 5th St ...... Philadelphia ...... PA 19140 661,310 Pennsylvania Community Real Estate Corp. 21 S 12th St Fl 11 ..... Philadelphia ...... PA 19107 24,109 DBA Tenant Union Representative Network (T.U.R.N.). Corporacion Desarrollo Economico, Vivienda Calle Eugenio M. de Arecibo ...... PR 00612 24,251 Y Salud. Hostos #175, Esq Puro Girau. Providence Housing Authority ...... 50 Laurel Hill Ave ...... Providence ...... RI 02909 19,580 Community Development & Improvement 100 Rogers Terrace ... Aiken ...... SC 29801 19,169 Corp. Beaufort County Black Chamber of Com- 801 Bladen Street ...... Beaufort ...... SC 29902 26,586 merce. Southeastern Housing Foundation ...... 986 Doyle Street ...... Orangeburg ...... SC 29115 19,169 South Dakota Housing Development Author- 3060 E. Elizabeth Pierre ...... SD 57501 271,990 ity. Street. Gap Community Development Resources, 129 West Fowlkes Franklin ...... TN 37064 21,505 Inc. Street, Suite 137. West Tennessee Legal Services, Inc ...... 210 West Main Street Jackson ...... TN 38301 824,040 Eastern Eight Community Development Corp 214 East Watauga Av- Johnson City ...... TN 37601 25,199 enue. Clinch-Powell Resource Conservation and 7995 Rutledge Pike ... Rutledge ...... TN 37861 25,751 Development Council, Inc. Community Action Network, Inc ...... 7891 Highway 69 S ... Springville ...... TN 38256 22,594 Easter Seals of Greater Houston, Inc ...... 4500 Bissonnet St., Bellaire ...... TX 77401 21,915 Suite 340. Dallas Area Habitat for Humanity ...... 2800 N Hampton Rd .. Dallas ...... TX 75212 20,542 East Dallas Community Organization ...... 4210 Junius St Fl 5 ... Dallas ...... TX 75246 16,706 Transformance ...... 8737 King George Dallas ...... TX 75235 212,703 Drive, Suite 200. Keystone Community Development Corpora- 309 W X St ...... Deer Park ...... TX 77536 20,542 tion. City of San Antonio/Department of Human 106 S. Saint Marys St, San Antonio ...... TX 78205 24,661 Services. 7th Floor. Money Management International Inc ...... 14141 Southwest Fwy Sugar Land ...... TX 77478 3,000,000 Waco Community Development Corporation 1624 Colcord Ave ...... Waco ...... TX 76707 23,005 Utah State University—Family Life Center ..... 493 N 700 E ...... Logan ...... UT 84321 29,166 Community Action Services ...... 815 S Freedom Blvd Provo ...... UT 84601 23,826 Suite 100. Catholic Charities USA ...... 2050 Ballenger Ave- Alexandria ...... VA 22314 1,117,080 nue, Suite 400. Virginia Housing Development Authority ...... 601 S. Belvidere Richmond ...... VA 23220 1,225,258 Street. Virgin Islands Housing Finance Authority ...... 3202 Demara Plaza, St. Thomas ...... VI 00802 25,910 Suite 200. Bennington-Rutland Opportunity Council, Inc 45 Union St ...... Rutland ...... VT 05701 28,086 Washington State Housing Finance Commis- 1000 2nd Avenue Seattle ...... WA 98104 480,901 sion. Suite 2700. Movin’ Out, Inc ...... 902 Royster Oaks Madison ...... WI 53714 24,788 Drive Suite 105. Tenant Resource Center ...... 1202 Williamson St., Madison ...... WI 53703 23,840 Suite 102. Housing Authority of Mingo Co ...... 5026 Helena Ave ...... Delbarton ...... WV 25670 14,655 Kanawha Institute for Social Research & Ac- 131 Perkins Ave ...... Dunbar ...... WV 25064 16,027 tion, Inc. Southern Appalachian Labor School Founda- 140 School Street ...... Oak Hill ...... WV 25901 19,863 tion, Inc.

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Appendix F FY2017 Lead-Based Paint Hazard Control Grant Program Contact: Shannon Steinbauer, 202–402– 6885.

Recipient Amount

City of Phoenix ...... 200 West Washington Phoenix ...... AZ 85003–1611 $2,900,000 Pima County ...... 33 N. Stone Ave ...... Tucson ...... AZ 85701–1404 1,650,000 Fresno County DPH ...... 1221 Fulton Mall ...... Fresno ...... CA 93721–3604 1,000,000 City and County of Denver ...... 200 W. 14th Ave. Denver ...... CO 80204–2732 2,813,904 #200. City of Bridgeport ...... 999 Broad St ...... Bridgeport ...... CT 06604–4320 2,875,000 City of Waterbury ...... One Jefferson Square Waterbury ...... CT 06706–1102 2,900,000 City of Clinton ...... 611 South 3rd St ...... Clinton ...... IA 52733–2958 1,650,000 City of Waterloo ...... 620 Mulberry St ...... Waterloo ...... IA 50703–5713 2,495,893 City of Pocatello ...... 911 North 7th Ave ..... Pocatello ...... ID 83201–7700 1,499,999 Wyandotte County ...... 701 N. 7th St., #823 .. Kansas City ...... KS 66101–3035 1,650,000 Louisville/Jefferson County Metro Govern- 527 W. Jefferson St ... Louisville ...... KY 40202–2814 2,899,990 ment. City of Brockton ...... 45 School St ...... Brockton ...... MA 02301–4049 1,367,085 Malden Redevelopment Authority ...... 17 Pleasant St ...... Malden ...... MA 02148–5106 1,367,085 Charter County of Wayne ...... 33030 Van Born Rd ... Wayne ...... MI 48184–0000 2,900,000 City of Jackson ...... 161 W Michigan Ave Jackson ...... MI 49201–1315 2,900,000 City of Minneapolis ...... 350 South 5th St., Minneapolis ...... MN 55415–1384 2,900,000 Room 301M. Kansas City Health Department ...... 2400 Troost Ave., Kansas City ...... MO 64108–2666 2,900,000 Suite 3400. City of Greensboro ...... 300 W. Washington St Greensboro ...... NC 27402–3136 2,900,000 City of Nashua ...... 229 Main St ...... Nashua ...... NH 03060–2938 2,900,000 New Hampshire Housing Finance Authority .. 32 Constitution Dr ...... Bedford ...... NH 03110–6062 2,900,000 City of Las Vegas ...... 495 S. Main St ...... Las Vegas ...... NV 89101–6318 1,649,710 City of Toledo ...... One Government Toledo ...... OH 43604–2275 2,900,000 Center. Cuyahoga County Board of Health ...... 5550 Venture Dr ...... Parma ...... OH 44130–9315 2,900,000 County of Northampton ...... 669 Washington St .... Easton ...... PA 18042–8785 1,650,000 City of Chattanooga ...... 101 E 11th St., City Chattanooga ...... TN 37402–4201 1,650,000 Hall, Suite 200. City of Richmond ...... 900 East Broad St ..... Richmond ...... VA 23219–1907 2,710,314 City of Roanoke ...... 215 Church Ave. SW, Roanoke ...... VA 24011–0016 2,719,660 Rm 208 North. City of Burlington ...... 149 Church St ...... Burlington ...... VT 05401–8400 2,900,000

Appendix G FY2017 Lead Hazard Reduction Demonstration Grant Program Contact: Shannon Steinbauer, 202–402– 6885.

Recipient Amount

City of Phoenix ...... 200 West Washington Phoenix ...... AZ 85003–1611 $2,900,000 Pima County ...... 33 N. Stone Ave ...... Tucson ...... AZ 85701–1404 1,650,000 County of Los Angeles ...... 313 N. Figueroa St .... Los Angeles ...... CA 90012–2602 3,400,000 City of Hartford ...... 550 Main St ...... Hartford ...... CT 06103–2913 3,400,000 State of Connecticut Department of Housing 505 Hudson St ...... Hartford ...... CT 06106–7107 3,400,000 State of Indiana ...... 30 S. Meridian St ...... Indianapolis ...... IN 46204–3564 3,400,000 City of Somerville ...... City Hall, 93 Highland Somerville ...... MA 02143–1740 1,703,572 Ave. City of Lewiston ...... 27 Pine St ...... Lewiston ...... ME 04240–7204 3,400,000 Hennepin County ...... 701 4th Ave. S, Rm Minneapolis ...... MN 55415–1843 3,400,000 400. City of St. Louis ...... 1520 Market St ...... St. Louis ...... MO 63101–2630 2,100,000 County of Hudson ...... 830 Bergen Ave ...... Jersey City ...... NJ 07306–4517 2,424,097 City of Rochester ...... 30 Church St ...... Rochester ...... NY 14614–1290 1,000,000 City of Schenectady ...... 105 Jay St ...... Schenectady ...... NY 12305–1905 2,999,755 The City of New York ...... 100 Gold St ...... New York ...... NY 10038–1605 3,400,000 City of Cincinnati ...... 801 Plum St ...... Cincinnati ...... OH 45202–0000 3,400,000 City of Cleveland ...... 601 Lakeside Ave ...... Cleveland ...... OH 44114–1015 3,400,000 City of Portland, Oregon ...... 1120 SW Fifth Ave., Portland ...... OR 97204–1912 3,400,000 Room 1250.

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Recipient Amount

Redevelopment Authority of the City of Erie .. 626 State St., Rm 107 Erie ...... PA 16501–1146 3,000,000 City of Providence ...... 444 Westminster St ... Providence ...... RI 02903–3206 3,400,000 City of Fort Worth ...... 200 Texas St ...... Fort Worth ...... TX 76102–6312 3,400,000 Houston ...... 8000 N. Stadium Dr., Houston ...... TX 77054–1823 3,000,000 2nd Floor. Kenosha County ...... 8600 Sheridan Rd., Kenosha ...... WI 53143–6515 3,300,000 Suite 600.

[FR Doc. 2017–21331 Filed 10–3–17; 8:45 am] normal business hours. The FRS is significant impacts to air quality in BILLING CODE 4210–67–P available 24 hours a day, 7 days a week, nearby Class 1 air sheds, water, to leave a message or question with the socioeconomics, and wildlife. The BLM above individual. You will receive a released the Draft EIS on January 16, DEPARTMENT OF THE INTERIOR reply during normal business hours. 2015, for a 90-day public comment SUPPLEMENTARY INFORMATION: The BLM period (80 FR 2438). The BLM received Bureau of Land Management Uncompahgre Field Office received a 565 unique comment letters and 83 form proposed MDP for natural gas letters. Based on these public [LLCOS05000 L13100000.DB0000–16X] exploration and development from SG comments, internal reviews, and Notice of Availability of the Record of Interests I, Ltd. (SGI) for the Bull cooperating agency input, the BLM Decision for the Bull Mountain Unit Mountain Unit. An MDP provides revised the Draft EIS and published the Master Development Plan, Gunnison information common to multiple Final EIS on July 8, 2016 (81 FR 44652). County, CO planned wells, including drilling plans, The BLM also consulted with the U.S. Surface Use Plans of Operations, and Fish and Wildlife Service (FWS), which AGENCY: Bureau of Land Management, plans for future production. concurred with the BLM’s finding that Interior. The Bull Mountain Unit MDP ROD the project ‘‘may affect, but is not likely ACTION: Notice. identifies the Preferred Alternative to adversely affect’’ the green lineage (Alternative D from the Final EIS), with Colorado River cutthroat trout and SUMMARY: In accordance with the minor modifications, as the BLM’s Canada Lynx and designated habitat for National Environmental Policy Act of Selected Alternative. Approval of the both species, and that it ‘‘may affect, is 1969 (NEPA), as amended, and the Preferred Alternative as described in the likely to adversely affect’’ four Federal Land Policy and Management Final EIS (2016) meets the BLM’s endangered Colorado River fish, but that Act of 1976, as amended, the Bureau of purpose and need, provides for natural anticipated water depletions from the Land Management (BLM) prepared a gas exploration and development, and Colorado River basin are within the Record of Decision (ROD) for the Bull approves the Federal 12–89–7–1 amounts addressed in the FWS’s 2008 Mountain Unit Master Development Application for Permit to Drill (APD). programmatic biological opinion. Plan (MDP) and by this notice is The Selected Alternative approves a Finally, the BLM consulted with the announcing its availability. plan for the exploration and Colorado State Historic Preservation DATES: Requests for BLM Colorado State development of up to 146 natural gas Office, which raised no concerns as to Director review of the Decision must be wells, four water disposal wells, and the project’s potential to affect historic filed within 20 business days from the associated infrastructure on Federal and properties. date of receipt of the Decision. private mineral leases within a Based on public comments, internal Federally-unitized area known as the BLM comments, and updated ADDRESSES: Copies of the Bull Mountain Bull Mountain Unit. SGI requested and information provided by SGI, the BLM Unit MDP ROD are available for public obtained the BLM’s approval of the unit selected the BLM’s Preferred Alternative inspection at the BLM Uncompahgre after exploration wells demonstrated the (Alternative D), as modified, for Field Office, 2465 South Townsend potential for economically viable approval in the ROD. The decision Ave., Montrose, CO 81401. Interested reserves of natural gas. persons may also review the ROD and The Bull Mountain Unit is located includes a suite of design features, the Final Environmental Impact within the Colorado River basin, mitigation measures and best Statement (EIS) on the project Web site approximately 30 miles northeast of the management practices that specifically at https://eplanning.blm.gov/epl-front- Town of Paonia, and is bisected by State address impacts to air resources and air office/eplanning/legacyProjectSite.do? Highway 133. The boundaries of the quality related values, water resources, methodName=renderLegacyProjectSite& unit encompass approximately 19,670 and wildlife. projectId=66641. acres of Federal and private oil and gas The BLM’s decision, which is based Mail requests for BLM Colorado State mineral estate in Gunnison County, on Alternative D in the Final EIS, is the Director review of the Decision to the Colorado. The unit consists of 440 acres environmentally preferred action BLM Colorado State Director, BLM of BLM Federal surface lands and because it best meets the following Colorado State Office, 2850 Youngfield subsurface mineral estate; 12,900 acres criteria: Street, Lakewood, CO 80215. of split-estate lands consisting of private • Satisfies statutory requirements FOR FURTHER INFORMATION CONTACT: Gina surface and Federal mineral estate (true for all alternatives). Phillips, Southwest District NEPA administered by the BLM; and 6,330 • Represents what the BLM considers Coordinator; telephone (970) 240–5300; acres of fee land consisting of private to be the best combination of actions email [email protected]. Persons who surface and private mineral estate. Work and best meets the purpose and need as use a telecommunications device for the on the MDP began with a preliminary described in Chapter 1 of the Final EIS. deaf (TDD) may call the Federal Relay Environmental Assessment in 2008. In • Provides the best approach to Service (FRS) at 1–800–877–8339 to 2012, the BLM determined that an EIS address key resource and planning contact the above individual during was necessary due to potential issues.

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• Provides resource protection and a be made publicly available at any time. Federal Preservation Officer within 45 viable strategy for development of the While you can ask us in your comment days of receipt of the nomination and mineral resource. to withhold your personal identifying supports listing the property in the • Responds to public comments. information from public review, we National Register of Historic Places. • Includes input from cooperating cannot guarantee that we will be able to COLORADO agencies, stakeholders, the public, and do so. BLM specialists. Nominations submitted by State Hinsdale County An adversely affected party may seek Historic Preservation Officers: Ute—Ulay Mine and Mill, (Hinsdale County administrative review of the Decision by Metal Mining MPS), Cty. Rd. 20, Lake City the Colorado State Director, as provided ARIZONA vicinity, MP100001755 in 43 CFR 3165.3. A request for State Maricopa County Authority: 60.13 of 36 CFR part 60 Director review must be filed in the Liberty Methodist Episcopal Church, South, Dated: September 12, 2017. BLM Colorado State Office within 20 19912 W. US 85, Buckeye, SG100001752 business days from the date of receipt of Julie H. Ernstein, the Decision. MISSOURI Acting Chief, National Register of Historic Places/National Historic Landmarks Program. Authority: 40 CFR 1506.6, 40 CFR Adair County [FR Doc. 2017–21303 Filed 10–3–17; 8:45 am] 1506.10. Salisbury School, (One-Teacher Public Schools of Missouri MPS), MO K, BILLING CODE 4312–52–P Gregory P. Shoop, Kirksville vicinity, MP100001757 Acting BLM Colorado State Director. [FR Doc. 2017–20948 Filed 10–3–17; 8:45 am] Jackson County DEPARTMENT OF THE INTERIOR BILLING CODE 4310–JB–P Aurora Apartments, (Working-Class and Middle-Income Apartment Buildings in Bureau of Reclamation Kansas City, Missouri MPS), 3012–3014 [RR01115000, 17XR0680A1, Linwood Blvd, Kansas City, MP100001758 DEPARTMENT OF THE INTERIOR RX.R0336900.0019100] Interstate Securities Building, 215 E. 18th St., National Park Service Kansas City, SG100001759 St. Francis Xavier School, 5220 Troost Ave., Public Meeting of the Yakima River [NPS–WASO–NRNHL–24142; Kansas City, SG100001760 Basin Conservation Advisory Group PPWOCRADI0, PCU00RP14.R50000] St. Louis Independent city AGENCY: Bureau of Reclamation, Interior. National Register of Historic Places; Banneker School, 2840 Samuel Shepard Dr., Notification of Pending Nominations St. Louis (Independent City), SG100001761 ACTION: Notice of public meeting. and Related Actions PUERTO RICO SUMMARY: The Bureau of Reclamation AGENCY: National Park Service, Interior. Anasco Municipality (Reclamation) is publishing this notice to announce that a Federal Advisory ACTION: Notice. Hostos—Ramirez de Arellano School District, (Early Twentieth Century Schools in Committee meeting of the Yakima River SUMMARY: The National Park Service is Puerto Rico TR), Calle San Antonio, Calle Basin Conservation Advisory Group soliciting comments on the significance 65th de Infanteria, Anasco vicinity, (CAG) will take place. of properties nominated before MP100001762 DATES: The meeting will be held on September, 9, 2017, for listing or related San Juan Municipality Thursday, October 19, 2017, from 1:00 actions in the National Register of p.m. to approximately 4:00 p.m. Historic Places. Mural ‘‘La Famila’’ 2030 Avenida Borinquen, San Juan vicinity, SG100001763 ADDRESSES: The meeting will be held at DATES: Comments should be submitted the Bureau of Reclamation, Yakima by October 19, 2017. TEXAS Field Office, 1910 Marsh Road, Yakima, ADDRESSES: Comments may be sent via Dallas County Washington 98901. U.S. Postal Service and all other carriers First National Bank Tower, 1401 Elm St., FOR FURTHER INFORMATION CONTACT: to the National Register of Historic Dallas, SG100001764 Gwendolyn Christensen, Bureau of Places, National Park Service, 1849 C St. An additional documentation has Reclamation, telephone (509) 575–5848 NW., MS 7228, Washington, DC 20240. been received for the following x203; email at [email protected]; SUPPLEMENTARY INFORMATION: The resource(s): facsimile (509) 454–5611. properties listed in this notice are being SUPPLEMENTARY INFORMATION: This considered for listing or related actions ARIZONA meeting is being held under the in the National Register of Historic provisions of the Federal Advisory Maricopa County Places. Nominations for their Committee Act (5 U.S.C. Appendix 2, as consideration were received by the Story, F.Q., Neighborhood Historic District amended. National Park Service before September, (Additional Documentation), 1617 W. Purpose of the Meeting: The CAG is a Culver St., Phoenix, AD88000212 9, 2017. Pursuant to section 60.13 of 36 Federal advisory committee that CFR part 60, written comments are Pima County provides technical advice and counsel being accepted concerning the El Encanto Estates Residential Historic to the Secretary of the Interior and significance of the nominated properties District (Additional Documentation), Washington State on the structure, under the National Register criteria for Roughly bounded by Country Club Rd., implementation, and oversight of the evaluation. Broadway Blvd., Fifth St., & Jones St., Yakima River Basin Water Conservation Before including your address, phone Tucson, AD87002284 Program, consistent with Title XII number, email address, or other Nominations submitted by Federal Public Law 103–434, October 31, 1994; personal identifying information in your Preservation Officers: Yakima River Basin Water Enhancement comment, you should be aware that The State Historic Preservation Project (YRBWEP) as amended by your entire comment—including your Officer reviewed the following Public Law 105–62, October 13, 1997, personal identifying information—may nomination and responded to the and Public Law 106–372, October 27,

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2000. Additionally, under Title XII the Dated: September 26, 2017. United States, the sale for importation, CAG is tasked to provide Boris Belchoff, and the sale within the United States recommendations on rules, regulations, Acting as Area Manager, Columbia-Cascades after importation of certain insulated and administration to facilitate the Area Office. beverage containers, components, voluntary sale and lease of water. The [FR Doc. 2017–21370 Filed 10–3–17; 8:45 am] labels, and packaging materials thereof. CAG provides oversight to the Yakima BILLING CODE 4332–90–P The complaint names as respondents River Basin Conservation Plan, and Alibaba (China) Technology Co., Ltd. of provides an annual review of the Hong Kong; Alibaba Group Holding implementation of the Water INTERNATIONAL TRADE Limited c/o Alibaba Group Services Conservation Program, including the COMMISSION Limited of Hong Kong; Alibaba.com applicable water conservation Hong Kong Limited of Hong Kong; guidelines of the Secretary used by Notice of Receipt of Complaint; Alibaba.com Singapore E-Commerce participating entities in preparing their Solicitation of Comments Relating to Private Limited of Hong Kong; individual water conservation plan. The the Public Interest Bonanza.com, Inc. of Seattle, WA; primary purpose of the meeting is to ContextLogic, Inc. d/b/a Wish of San AGENCY: U.S. International Trade update CAG members of the status of Francisco, CA; Dunhuang Group of Commission. ongoing and future projects being China; Hangzhou Alibaba Advertising ACTION: funded with YRBWEP funds. Notice. Co., Ltd. of Hong Kong; Huizhou Dashu Agenda: The CAG will meet to review SUMMARY: Notice is hereby given that Trading Co., Ltd. of China; Huagong completed water projects, consideration the U.S. International Trade Trading Co., Ltd. of China; Tan Er Pa of projects proposed for the future, and Commission has received a complaint Technology Co., Ltd. of Hong Kong; projects currently under construction. entitled Certain Insulated Beverage Shenzhen Great Electronic Technology The members will receive updates on: Containers, Components, Labels, and Co., Ltd of China; and SZ Flowerfairy (1) Current basin hydrology and Packaging Materials Thereof, DN 3261; Technology Ltd. of China. The operations; (2) native fish issues; (3) the Commission is soliciting comments complainant requests that the Riverware modeling updates, and (4) on any public interest issues raised by Commission issue a limited exclusion, Department of Ecology projects and the complaint or complainant’s filing cease and desist orders, and impose a funding. pursuant to the Commission’s Rules of bond upon respondents’ alleged Meeting Accessibility/Special Practice and Procedure. infringing articles during the 60-day Presidential review period pursuant to Accommodations: The meeting is open FOR FURTHER INFORMATION CONTACT: Lisa to the public and seating is on a first- 19 U.S.C. 1337(j). R. Barton, Secretary to the Commission, Proposed respondents, other come basis. The meeting facility is U.S. International Trade Commission, interested parties, and members of the physically accessible to people with 500 E Street SW., Washington, DC public are invited to file comments, not disabilities. If you have special needs or 20436, telephone (202) 205–2000. The to exceed five (5) pages in length, require an accommodation to participate public version of the complaint can be inclusive of attachments, on any public in this meeting, please direct your accessed on the Commission’s interest issues raised by the complaint requests to Gwendolyn Christensen, Electronic Document Information or § 210.8(b) filing. Comments should (509) 575–5848 x203, or via email at System (EDIS) at https://edis.usitc.gov, address whether issuance of the relief [email protected], by October 11, and will be available for inspection specifically requested by the 2017, so appropriate arrangements can during official business hours (8:45 a.m. complainant in this investigation would be made. to 5:15 p.m.) in the Office of the affect the public health and welfare in Public Disclosure of Comments: Time Secretary, U.S. International Trade the United States, competitive will be allowed at the meeting for any Commission, 500 E Street SW., conditions in the United States individual or organization wishing to Washington, DC 20436, telephone (202) economy, the production of like or make oral comments. To allow for full 205–2000. directly competitive articles in the consideration of information by the General information concerning the United States, or United States CAG members, written comments must Commission may also be obtained by consumers. be provided to Ms. Gwendolyn accessing its Internet server at United In particular, the Commission is Christensen, Bureau of Reclamation, States International Trade Commission interested in comments that: Columbia-Cascades Area Office, 1917 (USITC) at https://www.usitc.gov . The (i) Explain how the articles Marsh Road, Yakima, Washington public record for this investigation may potentially subject to the requested 98901; email at [email protected]; be viewed on the Commission’s remedial orders are used in the United or facsimile (509) 454–5611, at least five Electronic Document Information States; (5) business days prior to the meeting. System (EDIS) at https://edis.usitc.gov. (ii) identify any public health, safety, Any written comments received will be Hearing-impaired persons are advised or welfare concerns in the United States provided to the CAG members. that information on this matter can be relating to the requested remedial Before including your address, phone obtained by contacting the orders; number, email address, or other Commission’s TDD terminal on (202) (iii) identify like or directly personal identifying information in your 205–1810. competitive articles that complainant, comment, you should be aware that SUPPLEMENTARY INFORMATION: The its licensees, or third parties make in the your entire comment—including your Commission has received a complaint United States which could replace the personal identifying information—may and a submission pursuant to § 210.8(b) subject articles if they were to be be made publicly available at any time. of the Commission’s Rules of Practice excluded; While you can ask us in your comment and Procedure filed on behalf of YETI (iv) indicate whether complainant, to withhold your personal identifying Coolers, LLC on September 28, 2017. complainant’s licensees, and/or third information from public review, we The complaint alleges violations of party suppliers have the capacity to cannot guarantee that we will be able to section 337 of the Tariff Act of 1930 (19 replace the volume of articles do so. U.S.C. 1337) in the importation into the potentially subject to the requested

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exclusion order and/or a cease and U.S.C. Appendix 3; or (ii) by U.S. General information concerning the desist order within a commercially government employees and contract Commission may also be obtained by reasonable time; and personnel,2 solely for cybersecurity accessing its Internet server at United (v) explain how the requested purposes. All nonconfidential written States International Trade Commission remedial orders would impact United submissions will be available for public (USITC) at https://www.usitc.gov. The States consumers. inspection at the Office of the Secretary public record for this investigation may Written submissions must be filed no and on EDIS.3 be viewed on the Commission’s later than by close of business, eight This action is taken under the Electronic Document Information calendar days after the date of authority of section 337 of the Tariff Act System (EDIS) at https://edis.usitc.gov. publication of this notice in the Federal of 1930, as amended (19 U.S.C. 1337), Hearing-impaired persons are advised Register. There will be further and of §§ 201.10 and 210.8(c) of the that information on this matter can be opportunities for comment on the Commission’s Rules of Practice and obtained by contacting the public interest after the issuance of any Procedure (19 CFR 201.10, 210.8(c)). Commission’s TDD terminal on (202) final initial determination in this By order of the Commission. 205–1810. investigation. SUPPLEMENTARY INFORMATION: The Persons filing written submissions Issued: September 28, 2017. Commission has received a complaint must file the original document William R. Bishop, and a submission pursuant to § 210.8(b) electronically on or before the deadlines Supervisory Hearings and Information of the Commission’s Rules of Practice stated above and submit 8 true paper Officer. and Procedure filed on behalf of Tessera copies to the Office of the Secretary by [FR Doc. 2017–21272 Filed 10–3–17; 8:45 am] Advanced Technologies, Inc. on noon the next day pursuant to § 210.4(f) BILLING CODE 7020–02–P September 28, 2017. The complaint of the Commission’s Rules of Practice alleges violations of section 337 of the and Procedure (19 CFR 210.4(f)). Tariff Act of 1930 (19 U.S.C. 1337) in Submissions should refer to the docket INTERNATIONAL TRADE the importation into the United States, number (‘‘Docket No. 3261’’) in a COMMISSION the sale for importation, and the sale prominent place on the cover page and/ within the United States after or the first page. (See Handbook for Notice of Receipt of Complaint; importation of certain wafer-level Electronic Filing Procedures, Electronic Solicitation of Comments Relating to packaging semiconductor devices and Filing Procedures).1 Persons with the Public Interest products containing same (including questions regarding filing should AGENCY: U.S. International Trade cellular phones, tablets, laptops, and contact the Secretary (202–205–2000). Commission. notebooks) and components thereof. Any person desiring to submit a The complaint names as respondents document to the Commission in ACTION: Notice. Samsung Electronics Co., Ltd. of Korea; confidence must request confidential SUMMARY: Notice is hereby given that Samsung Electronics America, Inc. of treatment. All such requests should be the U.S. International Trade Ridgefield Park, NJ; and Samsung directed to the Secretary to the Commission has received a complaint Semiconductor, Inc. of San Jose, CA. Commission and must include a full entitled Certain Wafer-Level Packaging The complainant requests that the statement of the reasons why the Semiconductor Devices and Products Commission issue a limited exclusion Commission should grant such Containing Same (Including Cellular and cease and desist orders. treatment. See 19 CFR 201.6. Documents Phones, Tablets, Laptops, and Proposed respondents, other for which confidential treatment by the Notebooks) and Components Thereof, interested parties, and members of the Commission is properly sought will be DN 3262; the Commission is soliciting public are invited to file comments, not treated accordingly. All such requests comments on any public interest issues to exceed five (5) pages in length, should be directed to the Secretary to raised by the complaint or inclusive of attachments, on any public the Commission and must include a full complainant’s filing pursuant to the interest issues raised by the complaint statement of the reasons why the Commission’s Rules of Practice and or § 210.8(b) filing. Comments should Commission should grant such Procedure. address whether issuance of the relief treatment. See 19 CFR 201.6. Documents specifically requested by the for which confidential treatment by the FOR FURTHER INFORMATION CONTACT: Lisa complainant in this investigation would Commission is properly sought will be R. Barton, Secretary to the Commission, affect the public health and welfare in treated accordingly. All information, U.S. International Trade Commission, the United States, competitive including confidential business 500 E Street SW., Washington, DC conditions in the United States information and documents for which 20436, telephone (202) 205–2000. The economy, the production of like or confidential treatment is properly public version of the complaint can be directly competitive articles in the sought, submitted to the Commission for accessed on the Commission’s United States, or United States purposes of this Investigation may be Electronic Document Information consumers. disclosed to and used: (i) By the System (EDIS) at https://edis.usitc.gov, In particular, the Commission is Commission, its employees and Offices, and will be available for inspection interested in comments that: and contract personnel (a) for during official business hours (8:45 a.m. (i) Explain how the articles developing or maintaining the records to 5:15 p.m.) in the Office of the potentially subject to the requested of this or a related proceeding, or (b) in Secretary, U.S. International Trade remedial orders are used in the United internal investigations, audits, reviews, Commission, 500 E Street SW., States; and evaluations relating to the Washington, DC 20436, telephone (202) (ii) identify any public health, safety, programs, personnel, and operations of 205–2000. or welfare concerns in the United States the Commission including under 5 relating to the requested remedial 2 All contract personnel will sign appropriate 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. orders; https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System (iii) identify like or directly filing_procedures.pdf. (EDIS): https://edis.usitc.gov. competitive articles that complainant,

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its licensees, or third parties make in the disclosed to and used: (i) By the Schedule of the United States, that are United States which could replace the Commission, its employees and Offices, alleged to be sold in the United States subject articles if they were to be and contract personnel (a) for at less than fair value and alleged to be excluded; developing or maintaining the records subsidized by the Government of India. (iv) indicate whether complainant, of this or a related proceeding, or (b) in Unless the Department of Commerce complainant’s licensees, and/or third internal investigations, audits, reviews, extends the time for initiation, the party suppliers have the capacity to and evaluations relating to the Commission must reach a preliminary replace the volume of articles programs, personnel, and operations of determination in antidumping and potentially subject to the requested the Commission including under 5 countervailing duty investigations in 45 exclusion order and/or a cease and U.S.C. Appendix 3; or (ii) by U.S. days, or in this case by November 13, desist order within a commercially government employees and contract 2017. The Commission’s views must be reasonable time; and personnel,2 solely for cybersecurity transmitted to Commerce within five (v) explain how the requested purposes. All nonconfidential written business days thereafter, or by remedial orders would impact United submissions will be available for public November 20, 2017. States consumers. inspection at the Office of the Secretary DATES: September 28, 2017. Written submissions must be filed no 3 and on EDIS. FOR FURTHER INFORMATION CONTACT: Fred later than by close of business, eight This action is taken under the Ruggles (202–205–3187), Office of calendar days after the date of authority of section 337 of the Tariff Act Investigations, U.S. International Trade publication of this notice in the Federal of 1930, as amended (19 U.S.C. 1337), Commission, 500 E Street SW., Register. There will be further and of §§ 201.10 and 210.8(c) of the Washington, DC 20436. Hearing- opportunities for comment on the Commission’s Rules of Practice and impaired persons can obtain public interest after the issuance of any Procedure (19 CFR 201.10, 210.8(c)). information on this matter by contacting final initial determination in this By order of the Commission. the Commission’s TDD terminal on 202– investigation. Issued: September 29, 2017. 205–1810. Persons with mobility Persons filing written submissions impairments who will need special must file the original document Lisa R. Barton, assistance in gaining access to the electronically on or before the deadlines Secretary to the Commission. Commission should contact the Office stated above and submit 8 true paper [FR Doc. 2017–21354 Filed 10–3–17; 8:45 am] of the Secretary at 202–205–2000. copies to the Office of the Secretary by BILLING CODE 7020–02–P General information concerning the noon the next day pursuant to § 210.4(f) Commission may also be obtained by of the Commission’s Rules of Practice accessing its internet server (https:// and Procedure (19 CFR 210.4(f)). INTERNATIONAL TRADE www.usitc.gov). The public record for Submissions should refer to the docket COMMISSION these investigations may be viewed on number (‘‘Docket No. 3262’’) in a [Investigation Nos. 701–TA–588 and 731– the Commission’s electronic docket prominent place on the cover page and/ TA–1392–1393 (Preliminary)] (EDIS) at https://edis.usitc.gov. or the first page. (See Handbook for Electronic Filing Procedures, Electronic Polytetrafluoroethylene (‘‘PTFE’’) Resin SUPPLEMENTARY INFORMATION: Filing Procedures 1). Persons with From China and India; Institution of Background.—These investigations questions regarding filing should Antidumping and Countervailing Duty are being instituted, pursuant to contact the Secretary (202–205–2000). Investigations and Scheduling of sections 703(a) and 733(a) of the Tariff Any person desiring to submit a Preliminary Phase Investigations Act of 1930 (19 U.S.C. 1671b(a) and document to the Commission in 1673b(a)), in response to petitions filed AGENCY: United States International on September 28, 2017, by The confidence must request confidential Trade Commission. treatment. All such requests should be Chemours Company FC LLC, ACTION: Notice. directed to the Secretary to the Wilmington, Delaware. For further information concerning Commission and must include a full SUMMARY: The Commission hereby gives the conduct of these investigations and statement of the reasons why the notice of the institution of investigations rules of general application, consult the Commission should grant such and commencement of preliminary Commission’s Rules of Practice and treatment. See 19 CFR 201.6. Documents phase antidumping and countervailing Procedure, part 201, subparts A and B for which confidential treatment by the duty investigation Nos. 701–TA–588 (19 CFR part 201), and part 207, Commission is properly sought will be and 731–TA–1392–1393 (Preliminary) treated accordingly. All such requests subparts A and B (19 CFR part 207). pursuant to the Tariff Act of 1930 (‘‘the Participation in the investigations and should be directed to the Secretary to Act’’) to determine whether there is a public service list.—Persons (other than the Commission and must include a full reasonable indication that an industry petitioners) wishing to participate in the statement of the reasons why the in the United States is materially investigations as parties must file an Commission should grant such injured or threatened with material entry of appearance with the Secretary treatment. See 19 CFR 201.6. Documents injury, or the establishment of an to the Commission, as provided in for which confidential treatment by the industry in the United States is sections 201.11 and 207.10 of the Commission is properly sought will be materially retarded, by reason of Commission’s rules, not later than seven treated accordingly. All information, imports of Polytetrafluoroethylene days after publication of this notice in including confidential business (‘‘PTFE’’) Resin from China and India, the Federal Register. Industrial users information and documents for which provided for in statistical reporting and (if the merchandise under confidential treatment is properly numbers 3904.61.0010 and investigation is sold at the retail level) sought, submitted to the Commission for 3904.61.0090 of the Harmonized Tariff representative consumer organizations purposes of this Investigation may be have the right to appear as parties in 2 All contract personnel will sign appropriate 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. Commission antidumping duty and https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System countervailing duty investigations. The filing_procedures.pdf. (EDIS): https://edis.usitc.gov. Secretary will prepare a public service

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list containing the names and addresses the Commission’s rules with respect to FOR FURTHER INFORMATION CONTACT: of all persons, or their representatives, electronic filing. Rebecca A. Womeldorf, Rules who are parties to these investigations In accordance with sections 201.16(c) Committee Secretary, Rules Committee upon the expiration of the period for and 207.3 of the rules, each document Staff, Administrative Office of the filing entries of appearance. filed by a party to the investigations United States Courts, Washington, DC Limited disclosure of business must be served on all other parties to 20544, telephone (202) 502–1820. proprietary information (BPI) under an the investigations (as identified by SUPPLEMENTARY INFORMATION: administrative protective order (APO) either the public or BPI service list), and Announcement for this hearing was and BPI service list.—Pursuant to a certificate of service must be timely previously published in 82 FR 37610. section 207.7(a) of the Commission’s filed. The Secretary will not accept a Dated: September 29, 2017. rules, the Secretary will make BPI document for filing without a certificate gathered in these investigations of service. Rebecca A. Womeldorf, available to authorized applicants Certification.—Pursuant to section Rules Committee Secretary. representing interested parties (as 207.3 of the Commission’s rules, any [FR Doc. 2017–21359 Filed 10–3–17; 8:45 am] defined in 19 U.S.C. 1677(9)) who are person submitting information to the BILLING CODE 2210–55–P parties to the investigations under the Commission in connection with these APO issued in the investigations, investigations must certify that the provided that the application is made information is accurate and complete to DEPARTMENT OF JUSTICE not later than seven days after the the best of the submitter’s knowledge. In publication of this notice in the Federal making the certification, the submitter Bureau of Alcohol, Tobacco, Firearms Register. A separate service list will be will acknowledge that any information and Explosives that it submits to the Commission maintained by the Secretary for those [OMB Number 1140–0007] parties authorized to receive BPI under during these investigations may be the APO. disclosed to and used: (i) By the Commission, its employees and Offices, Agency Information Collection Conference.—The Commission’s and contract personnel (a) for Activities; Proposed eCollection Director of Investigations has scheduled developing or maintaining the records eComments Requested; Release and a conference in connection with these of these or related investigations or Receipt of Imported Firearms, investigations for 9:30 a.m. on October reviews, or (b) in internal investigations, Ammunition and Defense Articles; ATF 19, 2017, at the U.S. International Trade audits, reviews, and evaluations relating F 6A (5330.3C) Commission Building, 500 E Street SW., to the programs, personnel, and AGENCY: Bureau of Alcohol, Tobacco, Washington, DC. Requests to appear at operations of the Commission including the conference should be emailed to Firearms and Explosives, Department of under 5 U.S.C. Appendix 3; or (ii) by Justice. [email protected] and U.S. government employees and ACTION: [email protected] (DO NOT contract personnel, solely for 30-Day notice. FILE ON EDIS) on or before October 17, cybersecurity purposes. All contract SUMMARY: The Department of Justice 2017. Parties in support of the personnel will sign appropriate imposition of antidumping and (DOJ), Bureau of Alcohol, Tobacco, nondisclosure agreements. Firearms and Explosives (ATF), will countervailing duties in these Authority: These investigations are investigations and parties in opposition submit the following information being conducted under authority of title collection request to the Office of to the imposition of such duties will VII of the Tariff Act of 1930; this notice each be collectively allocated one hour Management and Budget (OMB) for is published pursuant to section 207.12 review and approval in accordance with within which to make an oral of the Commission’s rules. presentation at the conference. A the Paperwork Reduction Act of 1995. By order of the Commission. nonparty who has testimony that may The proposed information collection aid the Commission’s deliberations may Issued: September 29, 2017. was previously published in the Federal request permission to present a short Lisa R. Barton, Register, on August 4, 2017, allowing statement at the conference. Secretary to the Commission. for a 60-day comment period. Written submissions.—As provided in [FR Doc. 2017–21342 Filed 10–3–17; 8:45 am] DATES: Comments are encouraged and sections 201.8 and 207.15 of the BILLING CODE 7020–02–P will be accepted for an additional 30 Commission’s rules, any person may days until November 3, 2017. submit to the Commission on or before FOR FURTHER INFORMATION CONTACT: If October 24, 2017, a written brief JUDICIAL CONFERENCE OF THE you have additional comments, containing information and arguments UNITED STATES particularly with respect to the pertinent to the subject matter of the estimated public burden or associated investigations. Parties may file written Hearings of the Judicial Conference response time, have suggestions, need a testimony in connection with their Advisory Committee on the Federal copy of the proposed information presentation at the conference. All Rules of Evidence collection instrument with instructions, written submissions must conform with AGENCY: Advisory Committee on the or desire any other additional the provisions of section 201.8 of the Federal Rules of Evidence, Judicial information, please contact Desiree M. Commission’s rules; any submissions Conference of the United States. Dickinson, ATF Firearms and that contain BPI must also conform with ACTION: Notice of cancellation of public Explosives Imports Branch either by the requirements of sections 201.6, hearing. mail at 244 Needy Road, Martinsburg, 207.3, and 207.7 of the Commission’s WV 25405, or by email at rules. The Commission’s Handbook on SUMMARY: The following public hearing [email protected]. Written E-Filing, available on the Commission’s on proposed amendments to the Federal comments and/or suggestions can also Web site https://www.usitc.gov/ Rules of Evidence has been canceled: be directed to the Office of Management secretary/documents/handbook_on_ Evidence Rules Hearing on October 27, and Budget, Office of Information and filing_procedures.pdf, elaborates upon 2017, in Boston, Massachusetts. Regulatory Affairs, Attention

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Department of Justice Desk Officer, respondents will utilize the form, and it ADDRESSES: The meeting will take place Washington, DC 20503 or sent to OIRA_ will take each respondent at the Hyatt Regency Jacksonville [email protected]. approximately 35 minutes to complete Riverfront, 225 East Coastline Drive, SUPPLEMENTARY INFORMATION: Written the form. Jacksonville, Florida, telephone (904) comments and suggestions from the (6) An estimate of the total public 588–1234. public and affected agencies concerning burden (in hours) associated with the FOR FURTHER INFORMATION CONTACT: the proposed collection of information collection: The estimated annual public Inquiries may be addressed to Mrs. are encouraged. Your comments should burden associated with this collection is Chasity S. Anderson, FBI Compact address one or more of the following 16,333 hours which is equal to 28,000 Officer, Module D3, 1000 Custer Hollow four points: (# of respondents) * .58332 (35 Road, Clarksburg, West Virginia 26306, —Evaluate whether the proposed minutes). telephone (304) 625–2803, facsimile (7) An Explanation of the Change in collection of information is necessary (304) 625–2868. Estimates: The adjustments associated for the proper performance of the SUPPLEMENTARY INFORMATION: with this collection are an increase in functions of the agency, including Matters for discussion are expected to respondents by 8,000 and an increase in whether the information will have include: the total burden hours by 4,666. practical utility; If additional information is required (1) Review of the National Fingerprint —Evaluate the accuracy of the agency’s contact: Melody Braswell, Department File Lessons Learned Draft estimate of the burden of the Clearance Officer, United States Documents proposed collection of information, Department of Justice, Justice (2) Review of the Purpose Code X including the validity of the Management Division, Policy and Brochure methodology and assumptions used; Planning Staff, Two Constitution (3) Proposed Amendments to the —Evaluate whether and if so how the Square, 145 N Street NE., 3E.405A, Council’s Bylaws quality, utility, and clarity of the Washington, DC 20530. The meeting will be open to the information to be collected can be public on a first-come, first-seated basis. enhanced; and Dated: September 29, 2017. Any member of the public wishing to —Minimize the burden of the collection Melody Braswell, file a written statement with the Council of information on those who are to Department Clearance Officer for PRA, U.S. or wishing to address this session of the respond, including through the use of Department of Justice. Council should notify the Federal appropriate automated, electronic, [FR Doc. 2017–21295 Filed 10–3–17; 8:45 am] Bureau of Investigation (FBI) Compact mechanical, or other technological BILLING CODE 4410–14–P Officer, Mrs. Chasity S. Anderson at collection techniques or other forms (304) 625–2803, at least 24 hours prior of information technology, e.g., to the start of the session. The permitting electronic submission of DEPARTMENT OF JUSTICE notification should contain the responses. individual’s name and corporate Federal Bureau of Investigation designation, consumer affiliation, or Overview of This Information government designation, along with a Collection Meeting of the Compact Council for the National Crime Prevention and Privacy short statement describing the topic to (1) Type of Information Collection: Compact be addressed and the time needed for Revision of a currently approved the presentation. Individuals will collection. AGENCY: Federal Bureau of ordinarily be allowed up to 15 minutes (2) The Title of the Form/Collection: Investigation, DOJ. to present a topic. Release and Receipt of Imported ACTION: Meeting notice. Dated: September 21, 2017. Firearms, Ammunition, and Defense Articles. SUMMARY: The purpose of this notice is Chasity S. Anderson, (3) The agency form number, if any, to announce a meeting of the National FBI Compact Officer, Criminal Justice and the applicable component of the Crime Prevention and Privacy Compact Information Services Division, Federal Bureau of Investigation. Department sponsoring the collection: Council (Council) created by the Form number: ATF F 6A (5330.3C). National Crime Prevention and Privacy [FR Doc. 2017–21184 Filed 10–3–17; 8:45 am] Component: Bureau of Alcohol, Compact Act of 1998 (Compact). Thus BILLING CODE 4410–02–P Tobacco, Firearms and Explosives, U.S. far, the Federal Government and 31 Department of Justice. states are parties to the Compact which DEPARTMENT OF JUSTICE (4) Affected public who will be asked governs the exchange of criminal history records for licensing, employment, and or required to respond, as well as a brief Notice of Lodging of Proposed similar purposes. The Compact also abstract: Consent Decree Under the provides a legal framework for the Primary: Individuals or households. Comprehensive Environmental establishment of a cooperative federal- Other: Business or other for-profit, Response, Compensation, and Liability state system to exchange such records. and not-for-profit institutions. Act Abstract: The data provided by this The United States Attorney General information collection request is used appointed 15 persons from state and On September 22, 2017, the by ATF to determine if articles imported federal agencies to serve on the Council. Department of Justice lodged a proposed meet the statutory and regulatory The Council will prescribe system rules Consent Decree with the United States criteria for importation, and if the and procedures for the effective and District Court for the District of New articles shown on the permit application proper operation of the Interstate Mexico in the lawsuit titled United have been imported. Identification Index system for Nuclear Corp., et al., v. United States of (5) An estimate of the total number of noncriminal justice purposes. America, Civil Action No. 15–cv–411. respondents and the amount of time DATES: The Council will meet in open This case relates to contamination estimated for an average respondent to session from 9 a.m. until 5 p.m., on associated with past uranium mining respond: An estimated 28,000 November 1–2, 2017. operations conducted by United Nuclear

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Corporation, El Paso Natural Gas implementation of the UAO, past of Sections 307 and 308 of the Clean Company LLC, and Homestake Mining response actions, United States response Water Act (CWA), 33 U.S.C. 1317–1318, Company of California (collectively, the costs, or the mining companies’ the terms of the City’s National ‘‘mining companies’’) at the San Mateo response costs. Pollutant Discharge Elimination System Uranium Mine Site in Cibola County, The publication of this notice opens permit (NPDES permit), federal New Mexico (the ‘‘Site’’). The Site is a period for public comment on the pretreatment regulations found at 40 largely located within the Cibola proposed Consent Decree. Comments CFR 403, and State laws NRS 445A.500– National Forest, which is land managed should be addressed to the Assistant 530. by the United States Forest Service Attorney General, Environment and The proposed settlement requires the (‘‘USFS’’), a sub-agency of the United Natural Resources Division, and should City to comply with its NPDES permit States Department of Agriculture refer to United Nuclear Corp., et al., v. issued under the CWA, the federal (‘‘USDA’’). Pursuant to its authority United States of America, D.J. Ref. No. pretreatment regulations (40 CFR 403) under the Comprehensive 90–11–3–11380. All comments must be and State laws NRS 445A.500–530. The Environmental Response, submitted no later than thirty (30) days proposed settlement also requires the Compensation, and Liability Act after the publication date of this notice. City to submit its recently developed (‘‘CERCLA’’), 42 U.S.C. 9601 et seq., the Comments may be submitted either by pretreatment program to the United USFS issued a unilateral administrative email or by mail: States Environmental Protection Agency order (‘‘UAO’’) to the mining companies for final approval and to pay a civil requiring them to perform response To submit Send them to: penalty amount of $385,000 to be actions to address the hazardous comments: divided equally between the United substances at the Site. In 2015, the By email ...... pubcomment-ees.enrd@ States and the State. mining companies filed a complaint usdoj.gov. The publication of this notice opens against the United States under Section By mail ...... Assistant Attorney General, a period for public comment on the 107 of CERCLA, 42 U.S.C. 9607, seeking U.S. DOJ—ENRD, P.O. Box proposed Consent Decree. Comments to recover the response costs incurred 7611, Washington, DC should be addressed to the Assistant by the mining companies in 20044–7611. Attorney General, Environment and implementing the UAO. The United Natural Resources Division and should States filed a counterclaim on behalf of During the public comment period, refer to United States and the State of the USFS, USDA, and the United States the Consent Decree may be examined Nevada v. The City of North Las Vegas, Environmental Protection Agency and downloaded at this Justice Civil Action No. 2:17–cv–02508, D.J. (‘‘EPA’’) against the mining companies Department Web site: http:// Ref. No. 90–5–1–1–11443. All under Sections 107 and 113 of CERCLA, www.justice.gov/enrd/consent-decrees. comments must be submitted no later 42 U.S.C. 9607 and 9613, for the United We will provide a paper copy of the than thirty (30) days after the States’ past and future response costs at proposed Consent Decree upon written publication date of this notice. the Site. request and payment of reproduction Comments may be submitted either by costs. Please mail your request and The proposed Consent Decree would email or by mail: payment to: Consent Decree Library, resolve claims and counterclaims U.S. DOJ—ENRD, P.O. Box 7611, To submit asserted by the mining companies and Send them to: Washington, DC 20044–7611. comments: the United States. The United States Please enclose a check or money order will pay $1.595 million to the mining for $24.00 (25 cents per page By email ...... pubcomment-ees.enrd@ companies and the mining companies reproduction cost) payable to the United usdoj.gov. By mail ...... Assistant Attorney General, will pay $25,000 to the EPA Hazardous States Treasury. Substance Superfund (‘‘Superfund’’). U.S. DOJ—ENRD, P.O. The United States covenants to not sue Thomas P. Carroll, Box 7611, Washington, DC 20044–7611. the mining companies under Section Assistant Chief, Environmental Enforcement Section, Environment and Natural Resources 106 or 107 of CERCLA, 42 U.S.C. 9606 During the public comment period, and 9607, for past and future work by Division. [FR Doc. 2017–21353 Filed 10–3–17; 8:45 am] the proposed Consent Decree may be the mining companies related to examined and downloaded at this BILLING CODE 4410–15–P implementation of the UAO or the Justice Department Web site: https:// United States’ response costs. The www.justice.gov/enrd/consent-decrees. mining companies will be entitled to DEPARTMENT OF JUSTICE We will provide a paper copy of the protection from contribution actions or proposed Consent Decree upon written claims under Section 113(f)(2) of Notice of Lodging of Proposed request and payment of reproduction CERCLA, 42 U.S.C. 9613(f)(2), for Consent Decree Under the Clean Water costs. Please mail your request and matters addressed in the proposed Act payment to: Consent Decree Library, Consent Decree. Pursuant to the U.S. DOJ—ENRD, P.O. Box 7611, proposed Consent Decree, the mining On September 27, 2017, the Washington, DC 20044–7611. companies covenant not to bring any Department of Justice lodged a proposed Please enclose a check or money order claims against the United States for the Consent Decree with the United States for $7.75 (25 cents per page work related to implementation of the District Court for the District of Nevada reproduction cost) payable to the United UAO, other response actions, the United in the lawsuit entitled United States and States Treasury. States’ response costs, or the mining the State of Nevada v. The City of North companies’ response costs. The USFS, Las Vegas, Civil Action No. 2:17–cv– Henry Friedman, USDA, and the United States 02508. Assistant Section Chief, Environmental Department of Energy, as settling federal In this action, the United States and Enforcement Section, Environment and agencies, agree not to assert a claim for the State of Nevada filed a complaint Natural Resources Division. reimbursement from the Superfund with alleging claims against the City of North [FR Doc. 2017–21293 Filed 10–3–17; 8:45 am] respect to work related to the Las Vegas (City) for the City’s violations BILLING CODE 4410–15–P

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DEPARTMENT OF LABOR The DFVC Program is intended to • Enhance the quality, utility, and encourage, through the assessment of clarity of the information to be Office of the Secretary reduced civil penalties, delinquent plan collected; and administrators voluntarily to comply • Minimize the burden of the Agency Information Collection with their annual reporting obligations collection of information on those who Activities; Submission for OMB under Employee Retirement Income are to respond, including through the Review; Comment Request; Delinquent Security Act of 1974 (ERISA) Title I. use of appropriate automated, Filer Voluntary Compliance Program The only information collection electronic, mechanical, or other ACTION: Notice. requirement included in the DFVC technological collection techniques or Program is to provide data necessary to other forms of information technology, SUMMARY: On September 29, 2017, the identify the plan along with the penalty e.g., permitting electronic submission of Department of Labor (DOL) will submit payment. ERISA section 502(c)(2) responses. the Employee Benefits Security authorizes this information collection. Agency: DOL–EBSA. Administration (EBSA) sponsored See U.S.C. 1132(c)(2). Title of Collection: Delinquent Filer information collection request (ICR) This information collection is subject Voluntary Compliance Program. titled, ‘‘Delinquent Filer Voluntary to the PRA. A Federal agency generally OMB Control Number: 1210–0089. Compliance Program,’’ to the Office of cannot conduct or sponsor a collection Affected Public: Private Sector— Management and Budget (OMB) for of information, and the public is businesses or other for-profits. review and approval for continued use, generally not required to respond to an Total Estimated Number of without change, in accordance with the information collection, unless it is Respondents: 11,554. Paperwork Reduction Act of 1995 approved by the OMB under the PRA Total Estimated Number of (PRA). Public comments on the ICR are and displays a currently valid OMB Responses: 11,554. invited. Control Number. In addition, Total Estimated Annual Time Burden: DATES: The OMB will consider all notwithstanding any other provisions of 578 hours. written comments that agency receives law, no person shall generally be subject Total Estimated Annual Other Costs on or before November 3, 2017. to penalty for failing to comply with a Burden: $898,265. ADDRESSES: A copy of this ICR with collection of information that does not Authority: 44 U.S.C. 3507(a)(1)(D). applicable supporting documentation; display a valid Control Number. See 5 Dated: September 28, 2017. including a description of the likely CFR 1320.5(a) and 1320.6. The DOL Michel Smyth, respondents, proposed frequency of obtains OMB approval for this Departmental Clearance Officer. response, and estimated total burden information collection under Control may be obtained free of charge from the Number 1210–0089. [FR Doc. 2017–21321 Filed 10–3–17; 8:45 am] BILLING CODE 4510–29–P RegInfo.gov Web site at http:// The DOL seeks to extend PRA www.reginfo.gov/public/do/ authorization for this information PRAViewICR?ref_nbr=201708-1210-001 collection for three (3) more years, DEPARTMENT OF LABOR or by contacting Michel Smyth by without any change to existing telephone at 202–693–4129, TTY 202– requirements. The DOL notes that Office of the Secretary 693–8064, (these are not toll-free _ _ existing information collection numbers) or by email at DOL PRA requirements submitted to the OMB Agency Information Collection [email protected]. receive a month-to-month extension Activities; Submission for OMB Submit comments about this request while they undergo review. For Review; Comment Request; Mine by mail to the Office of Information and additional substantive information Accident, Injury, and Illness Report Regulatory Affairs, Attn: OMB Desk about this ICR, see the related notice and Quarterly Mine Employment and Officer for DOL–EBSA, Office of published in the Federal Register on Coal Production Report Management and Budget, Room 10235, May 22, 2017 (82 FR 23303). 725 17th Street NW., Washington, DC ACTION: Notice. 20503; by Fax: 202–395–5806 (this is Interested parties are encouraged to not a toll-free number); or by email: send comments to the OMB, Office of SUMMARY: On September 29, 2017, the [email protected]. Information and Regulatory Affairs at Department of Labor (DOL) will submit Commenters are encouraged, but not the address shown in the ADDRESSES the Mine Safety and Health required, to send a courtesy copy of any section within thirty (30) days of Administration (MSHA) sponsored comments by mail or courier to the U.S. publication of this notice in the Federal information collection request (ICR) Department of Labor—OASAM, Office Register. In order to help ensure titled, ‘‘Mine Accident, Injury, and of the Chief Information Officer, Attn: appropriate consideration, comments Illness Report and Quarterly Mine Departmental Information Compliance should mention OMB Control Number Employment and Coal Production Management Program, Room N1301, 1210–0089. The OMB is particularly Report,’’ to the Office of Management 200 Constitution Avenue NW., interested in comments that: and Budget (OMB) for review and Washington, DC 20210; or by email: • Evaluate whether the proposed approval for continued use, without [email protected]. collection of information is necessary change, in accordance with the FOR FURTHER INFORMATION CONTACT: for the proper performance of the Paperwork Reduction Act of 1995 Michel Smyth by telephone at 202–693– functions of the agency, including (PRA). Public comments on the ICR are 4129, TTY 202–693–8064, (these are not whether the information will have invited. toll-free numbers) or by email at DOL_ practical utility; DATES: The OMB will consider all [email protected]. • Evaluate the accuracy of the written comments that agency receives SUPPLEMENTARY INFORMATION: This ICR agency’s estimate of the burden of the on or before November 3, 2017. seeks to extend PRA authority for the proposed collection of information, ADDRESSES: A copy of this ICR with Delinquent Filer Voluntary Compliance including the validity of the applicable supporting documentation; Program (DFVC) information collection. methodology and assumptions used; including a description of the likely

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respondents, proposed frequency of the mining industry. The Federal Mine electronic, mechanical, or other response, and estimated total burden Safety and Health Act of 1977 sections technological collection techniques or may be obtained free of charge from the 101(a) and 103(h) authorize this other forms of information technology, RegInfo.gov Web site at http:// information collection. See 30 U.S.C. e.g., permitting electronic submission of www.reginfo.gov/public/do/ 813(h), 30 U.S.C. 811(a). responses. PRAViewICR?ref_nbr=201708-1219-005 This information collection is subject Agency: DOL–MSHA. or by contacting Michel Smyth by to the PRA. A Federal agency generally Title of Collection: Mine Accident, telephone at 202–693–4129, TTY 202– cannot conduct or sponsor a collection Injury, and Illness Report and Quarterly 693–8064, (these are not toll-free of information, and the public is Mine Employment and Coal Production numbers) or by email at DOL_PRA_ generally not required to respond to an Report. [email protected]. information collection, unless it is OMB Control Number: 1219–0007. Submit comments about this request approved by the OMB under the PRA Affected Public: Private Sector— by mail to the Office of Information and and displays a currently valid OMB businesses or other for-profits. Regulatory Affairs, Attn: OMB Desk Control Number. In addition, Total Estimated Number of Officer for DOL–MSHA, Office of notwithstanding any other provisions of Respondents: 24,958. Management and Budget, Room 10235, law, no person shall generally be subject Total Estimated Number of 725 17th Street NW., Washington, DC to penalty for failing to comply with a Responses: 118,417. 20503; by Fax: 202–395–5806 (this is collection of information that does not Total Estimated Annual Time Burden: not a toll-free number); or by email: display a valid Control Number. See 5 162,326 hours. [email protected]. CFR 1320.5(a) and 1320.6. The DOL Total Estimated Annual Other Costs Commenters are encouraged, but not obtains OMB approval for this Burden: $2,847. required, to send a courtesy copy of any information collection under Control Authority: 44 U.S.C. 3507(a)(1)(D). comments by mail or courier to the U.S. Number 1219–0007. Dated: September 28, 2017. Department of Labor-OASAM, Office of OMB authorization for an ICR cannot the Chief Information Officer, Attn: be for more than three (3) years without Michel Smyth, Departmental Information Compliance renewal, and the current approval for Departmental Clearance Officer. Management Program, Room N1301, this collection is scheduled to expire on [FR Doc. 2017–21320 Filed 10–3–17; 8:45 am] 200 Constitution Avenue NW., September 30, 2017. The DOL seeks to BILLING CODE 4510–43–P Washington, DC 20210; or by email: extend PRA authorization for this [email protected]. information collection for three (3) more years, without any change to existing FOR FURTHER INFORMATION CONTACT: MILLENNIUM CHALLENGE requirements. The DOL notes that Michel Smyth by telephone at 202–693– CORPORATION existing information collection 4129, TTY 202–693–8064, (these are not requirements submitted to the OMB [MCC FR 17–06] toll-free numbers) or by email at DOL_ receive a month-to-month extension [email protected]. Report on the Criteria and while they undergo review. For Methodology for Determining the SUPPLEMENTARY INFORMATION: This ICR additional substantive information Eligibility of Candidate Countries for seeks to extend PRA authority for the about this ICR, see the related notice Millennium Challenge Account Mine Accident, Injury, and Illness published in the Federal Register on Assistance in Fiscal Year 2018 Report and Quarterly Mine Employment June 16, 2017 (82 FR 27727). and Coal Production Report information Interested parties are encouraged to AGENCY: Millennium Challenge collection. The reporting and send comments to the OMB, Office of Corporation. recordkeeping provisions in regulations Information and Regulatory Affairs at ACTION: Notice. 30 CFR part 50, Notification, the address shown in the ADDRESSES Investigation, Reports and Records of section within thirty (30) days of SUMMARY: This report to Congress is Accidents, Injuries and Illnesses, publication of this notice in the Federal provided in accordance with Section Employment and Coal Production in Register. In order to help ensure 608(b) of the Millennium Challenge Act Mines, are essential elements in the appropriate consideration, comments of 2003, as amended, (the ‘‘Act’’). MSHA’s Congressional mandate to should mention OMB Control Number reduce work-related injuries and Dated: September 29, 2017. 1219–0007. The OMB is particularly Jeanne M. Hauch, illnesses among the nation’s miners. interested in comments that: Accident, injury, and illness data, when • Evaluate whether the proposed VP/General Counsel and Corporate Secretary, Millennium Challenge Corporation. correlated with employment and collection of information is necessary production data, provide information for the proper performance of the Report on the Criteria and Methodology that allows the MSHA to improve its functions of the agency, including for Determining the Eligibility of safety and health enforcement programs, whether the information will have Candidate Countries for Millennium focus its education and training efforts, practical utility; Challenge Account Assistance for Fiscal and establish priorities for its technical • Evaluate the accuracy of the Year 2018 assistance activities in mine safety and agency’s estimate of the burden of the Summary health. Maintaining a current database proposed collection of information, allows the MSHA to identify and direct including the validity of the In accordance with section 608(b)(2) increased attention to those mines, methodology and assumptions used; of the Millennium Challenge Act of industry segments, and geographical • Enhance the quality, utility, and 2003 (the ‘‘Act,’’ 22 U.S.C. 7707(b)(l)), areas where hazardous trends are clarity of the information to be the Millennium Challenge Corporation developing. This could not be done collected; and (MCC) is submitting the enclosed report. effectively using historical data. The • Minimize the burden of the This report identifies the criteria and information collected under part 50 is collection of information on those who methodology that MCC intends to use to the most comprehensive and reliable are to respond, including through the determine which candidate countries occupational data available concerning use of appropriate automated, may be eligible to be considered for

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assistance under the Act for fiscal year II. How does the Board evaluate these at least 10 of the 20 other indicators are 2018. countries? passed. Under section 608 (c)(1) of the Act, • Democratic Rights ‘‘hard hurdle:’’ A. Overall Evaluation MCC will, for a thirty-day period This hurdle sets a minimum bar for following publication, accept and The Board looks at three legislatively- democratic rights below which the consider public comment for purposes mandated factors in its evaluation of Board will not consider a country for of determining eligible countries under any candidate country for compact eligibility. Requiring that a country pass section 607 of the Act (22 U.S.C. 7706). eligibility: (1) Policy performance; (2) either the Political Rights or Civil the opportunity to reduce poverty and Liberties indicator creates a democratic Criteria and Methodology for FY 2018 generate economic growth; and (3) the incentive for countries, recognizes the This document explains how the availability of MCC funds. importance democracy plays in driving poverty-reducing economic growth, and Board of Directors (Board) of the 1. Policy Performance Millennium Challenge Corporation holds MCC accountable to working with (MCC) will identify, evaluate, and select Because of the importance of needing the best governed, poorest countries. eligible countries for fiscal year (FY) to evaluate a country’s policy When a candidate country is only 2018. The statutory basis for this report performance and needing to do so in a passing one of the two indicators is set forth in Appendix A. Specifically, comparable, cross-country way, the comprising the hurdle (instead of both), this document discusses: Board relies to the maximum extent the Board will also closely examine why possible upon the best-available it is not passing the other indicator to I. Which countries MCC will evaluate objective and quantifiable indicators of II. How the Board evaluates these understand what the score implies for policy performance. These indicators the broader democratic environment countries act as proxies of the country’s and trajectory of the country. This A. Overall commitment to just and democratic examination will include consultation B. For Selection for First Compact governance, economic freedom, and with both local and international civil Eligibility investing in its people, as laid out in society experts, among others. C. For Selection for Second/ MCC’s founding legislation. Comprised • Control of Corruption ‘‘hard Subsequent Compact Eligibility of 20 third-party indicators in the hurdle:’’ Corruption in any country is an D. For Threshold Program Assistance categories of ‘‘encouraging economic unacceptable tax on economic growth E. A Note on Potential Regional freedom,’’ ‘‘investing in people,’’ and and an obstacle to the private sector Investments ‘‘ruling justly,’’ MCC ‘‘scorecards’’ are investment needed to reduce poverty. F. A Note on Potential Transition to created for all LICs and LMICs. To Accordingly, MCC seeks out partner Upper Middle Income Country ‘‘pass’’ the indicators on the scorecard, countries that are committed to (UMIC) Status After Initial the country must perform above the combatting corruption. It is for this Selection median among its income group (as reason that MCC also has the Control of I. Which countries are evaluated? defined above for scorecard evaluation Corruption ‘‘hard hurdle,’’ which helps purposes), except in the cases of ensure that MCC is working with MCC evaluates all low-income inflation, political rights, civil liberties, countries where there is relatively countries (LICs) and lower-middle and immunization rates (LMICs only), strong performance in controlling income countries (LMICs) as follows: corruption. Requiring the passage of the • where threshold scores have been For scorecard evaluation purposes established. In particular, the Board indicator provides an incentive for for FY 2018, MCC defines LICs as those considers whether the country: countries to demonstrate a clear countries between $0 and $1,905 GNI • Passed at least 10 of the 20 commitment to controlling corruption, per capita, and LMICs as those countries indicators, with at least one in each and allows MCC to better understand between $1,906 and $3,955 GNI per category, the issue by seeing how the country capita.1 • Passed either the Political Rights or performs relative to its peers and over • For funding purposes for FY 2018, Civil Liberties indicator, and time. MCC defines the poorest 75 countries as • Passed the Control of Corruption Together, the 20 policy performance LICs, and the remaining countries up to indicator. indicators are the predominant basis for the UMIC threshold of $3,955 as While satisfaction of all three aspects determining which eligible countries LMICs.2 means a country is termed to have will be selected for MCC assistance, and In Appendix B, lists of all LICs, ‘‘passed’’ the scorecard, the Board also the Board expects a country to be LMICs and statutorily prohibited considers whether the country passing its scorecard at the point the countries for scorecard evaluation performed ‘‘substantially worse’’ in any Board decides to select the country for purposes are provided. The list using one policy category than it does on the either a first or second/subsequent the ‘‘funding’’ definition was outlined scorecard overall. Appendix C describes compact. However, the Board also in the August 2017 Report on Countries all 20 indicators, their definitions, what recognizes that even the best-available that are Candidates for Millennium is required to ‘‘pass,’’ their source, and data has inherent challenges. For Challenge Account Eligibility for Fiscal their relationship to the legislative example, data gaps, real-time events Year 2018 and Countries that Would be criteria. versus data lags, the absence of Candidates but for Legal Prohibitions The mandatory passing of either the narratives and nuanced detail, and other (the ‘‘Candidate Country Report’’), and Political Rights or Civil Liberties similar weaknesses affect each of these describes how funding categories work. indicators is called the Democratic indicators. In such instances, the Board Rights ‘‘hard hurdle’’ on the scorecard, uses its judgment to interpret policy 1 This corresponds to LIC and LMIC definitions while the mandatory passing of the performance as measured by the using the historic International Development Control of Corruption indicator is called scorecards. The Board may also consult Association (IDA) thresholds published by the the Control of Corruption ‘‘hard other sources of information to further World Bank. enhance its understanding of a given 2 By law, no more than 25 percent of all compact hurdle.’’ Not passing either ‘‘hard funds for a given fiscal year may be provided to hurdle’’ results in not passing the country’s policy performance beyond LMIC countries (using this ‘‘funding’’ definition). scorecard overall, regardless of whether the issues on the scorecard, which is

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especially useful given the unique the funding available. The agency’s develop a first compact, with the added perspective of each Board member (e.g., allocation of its budget is constrained, benefit of having cumulative scorecards, specific policy issues related to trade, and often specifically limited, by cumulative records of policy civil society, other U.S. aid programs, provisions in the authorizing legislation performance, and other accumulated financial sector performance, and and appropriations acts. MCC has a supporting information to determine the security/foreign policy issues). The continuous pipeline of countries in overall pattern of performance over the Board uses its judgment on how best to compact development, compact emerging multi-year trajectory. weigh such information in assessing implementation, and compact closeout, C. Evaluation for Selection of Countries overall policy performance. as well as threshold programs. for Second/Subsequent Compact Consequently, the Board factors in the 2. The Opportunity To Reduce Poverty Eligibility overall portfolio picture when making and Generate Economic Growth its selection decisions given the funding Section 609(k) of the Millennium The Board also consults other sources available for each of the agency’s Challenge Act of 2003, as amended, of qualitative and quantitative planned or existing programs. specifically authorizes MCC to enter information to have a more detailed * * * * * into ‘‘one or more subsequent view of the opportunity to reduce The following subsections describe Compacts.’’ MCC does not consider poverty and generate economic growth how each of these three legislatively- subsequent compact eligibility, in a country. mandated factors are applied with however, before countries have While the Board considers a range of regard to the selection situations the completed their compact or are within other information sources depending on Board encounters each December: 18 months of completion, (e.g., a second the country, specific areas of attention selection of countries for first compact compact if they have completed or are typically include better understanding eligibility, selection of countries for within 18 months of completing their the issues on, trends in, and trajectory second/subsequent compact eligibility, first compact). Selection for subsequent of: compacts is not automatic and is • and selection of countries for the The state of democratic and human threshold program. Thereafter, notes are intended only for countries that (1) rights (especially of vulnerable exhibit successful performance on their 3 included on consideration of countries groups ); for potential regional investments, and previous compact; (2) exhibit improved • The perspective of civil society on issues for consideration for countries scorecard policy performance during the salient governance issues; partnership; and (3) exhibit a continued • The control of corruption and rule that might graduate to upper middle income country status after initial commitment to further their sector of law; reform efforts in any subsequent • The potential for the private sector selection. partnership. As a result, the Board has (both local and foreign) to lead B. Evaluation for Selection of Countries an even higher standard when selecting investment and growth; for First Compact Eligibility countries for subsequent compacts. • The levels of poverty within a When selecting eligible countries, the country; and 1. Successful Implementation of the Board looks at all three legislatively- • The country’s institutional capacity. Previous Compact Where applicable, the Board also mandated aspects described in the To evaluate the degree of success of considers MCC’s own experience and previous section: (1) Policy the previous compact, the Board looks ability to reduce poverty and generate performance, first and foremost as to see if there is a clear evidence base economic growth in a given country— measured by the scorecards and of success within the budget and time such as considering MCC’s core skills bolstered through additional limits of the compact, in particular by versus the country’s needs, capacity information (as described in the previous section); (2) the opportunity to looking at three aspects: within MCC to work with a country, and • The degree to which there is the likelihood that MCC is seen by the reduce poverty and generate economic growth, examined through the use of evidence of strong political will and country as a credible partner. management capacity: Is the partnership This information provides greater other supporting information (as characterized by the country ensuring clarity on the likelihood that MCC described in the previous section); and that both policy reforms and the investments will have an appreciable (3) the funding available. At a minimum, the Board looks to see compact program itself are both being impact on reducing poverty and that the country passes its scorecard. It implemented to the best ability that the generating economic growth in a given also examines supporting evidence that country can deliver; country. The Board has used such the country’s commitment to just and • The degree to which the country information both to not select countries democratic governance, economic has exhibited commitment and capacity that are otherwise passing their freedom, and investing in its people is to achieve program results: Are the scorecards, as well as to better on a sound footing and performance is financial and project results being understand when a country’s on a positive trajectory (especially on achieved; to what degree is the country performance on a particular indicator the ‘hard hurdles’ of Democratic Rights committing its own resources to ensure may not be up to date or is about to and Control of Corruption, as described the compact is a success; to what extent change. More details on this subject in the previous section), and that MCC is the private sector engaged (if (sometimes referred to as ‘‘supplemental has funding to support a meaningful relevant); and other compact-specific information’’) can be found on MCC’s compact with that country. Where issues; and Web site. applicable, previous threshold program • The degree to which the country 3. The Availability of MCC Funds information is also considered. The has implemented the compact in accordance with MCC’s core policies The final factor that the Board must Board then weighs the information and standards: That is, is the country consider when evaluating countries is described above across each of the three dimensions. adhering to MCC’s policies and procedures, including in critical areas 3 For example, women; children; lesbian, gay, The approach described above is then bisexual, and transgender individuals; people with applied in any additional years of such as remediating unresolved fraud disabilities; and workers. selection of a country to continue to and corruption and abuse or misuse of

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funds issues; procurement; and should it be selected for a subsequent to becoming viable for compact monitoring and evaluation. compact. This includes: eligibility in the medium term. • Assessing the country’s delivery of Details on the specific types of E. A Note on Potential Regional policy reform during the previous information examined (and sources Investments used) in each of the three areas are compact (as described above); provided in Appendix D. Overall, the • Assessing expectations of the FY 2018 marks the third year that the Board is looking for evidence that the country’s ability and willingness to Board may consider selecting countries previous compact will be completed or continue embarking on sector policy where potential regional investments has been completed successfully, on reform in a subsequent compact; (i.e., complementary assistance by MCC time and on budget, and that there is a • Examining both other sources of to two or more countries in a region) commitment to continued, robust information that describe the nature of may be developed. reform going forward. the opportunity to reduce poverty and With respect to regional investments, generate growth (as outlined in A.2 the fundamental criteria and process for 2. Improved Scorecard Policy above), and the relative success of the selection will remain unchanged: Performance previous compact overall, as already Countries will continue to be evaluated Beyond successful implementation of discussed; and and selected individually, as described the previous compact, the Board expects • Finally, considering how well in sections A, B, and C above. However, the country to have improved its overall funding can be leveraged for impact, for countries where regional scorecard policy performance during the given the country’s experience in the investments might be contemplated, the partnership, and to pass the scorecard in previous compact. Board will also examine additional supplemental information looking at the the year of selection for the subsequent * * * * * policy environment from a regional compact. The Board focuses on: Through this overall approach to • The overall scorecard pass/fail rate dimension. subsequent compact selection, the Specifically, the Board will examine over time, what this suggests about Board applies the three legislatively underlying policy performance, as well additional data and information related mandated evaluation criteria (policy to: as an examination of the underlying performance, the opportunity to reduce • reasons; The current state of the country’s poverty and generate economic growth, political and economic integration with • The progress over time on policy and the funding available) in a way that its region and neighbors; areas measured by both hard-hurdle rests critically on deeply assessing the • Impediments to further integration indicators—Democratic Rights and previous partnership: From a compact with its region and neighbors; and Control of Corruption—including an success standpoint, a commitment to • The potential gains from investing examination of the underlying reasons; improved scorecard policy performance at a regional level, including illustrative and standpoint, and a commitment to • potential sector opportunities. Other indicator trajectories as continued sector policy reform The Board will weigh this additional deemed relevant by the Board. standpoint. The Board then weighs all regional information in tandem with the In all cases, while the Board expects of the information described above in other supplemental factors described the country to be passing its scorecard, making its decision. earlier in sections A, B, and C. The other sources of information are The approach described above is then Board will then decide whether or not examined to understand the nuance and applied in any additional years of it will direct MCC to explore some form reasons behind scorecard or indicator selection necessary as the country of a regional investment with the performance over time, including any continues to develop the subsequent country. real-time updates, methodological compact, with the added benefit of changes within the indicators having further detail on previous F. A Note on Potential Transition to themselves, shifts in the relevant compact implementation, cumulative Upper Middle Income Country (UMIC) candidate pool, or alternative policy scorecards, records of policy Status After Initial Selection performance perspectives (such as performance, and other accumulated Some candidate countries may have a gleaned through consultations with civil supporting information to determine the high LMIC per capita income and/or a society and related stakeholders). Other overall pattern of performance over the high growth rate that implies there is a sources of information are also resulting multi-year trajectory. chance they could transition to UMIC consulted to look at policy performance status during the life of an MCC D. Evaluation for Threshold Program over time in areas not covered by the partnership. In such cases, it is not Assistance scorecard, but that are deemed possible to accurately predict when important by the Board (such as trade, The Board may also evaluate such a country may or may not foreign policy concerns, etc.). countries for participation in the transition to UMIC status. Threshold Program. The Threshold Nonetheless, such countries may have 3. A Commitment To Further Sector Program provides assistance to more resources at their disposal for Reform candidate countries that exhibit a funding their own growth and poverty The Board expects that subsequent significant commitment to meeting the reduction strategies. As a result, in compacts will endeavor to tackle deeper criteria described in the previous sub- addition to using the regular selection policy reforms necessary to unlock an sections, but fail to meet such criteria described in the previous identified constraint to growth. requirements. Specifically, in examining sections, the Board will also use its Consequently, the Board considers its the policy performance, the opportunity discretion to assess both the need and own experience during the previous to reduce poverty and generate the opportunity presented by partnering compact in considering how committed economic growth, and the funding with such a country, in order to ensure the country is to reducing poverty and available, the Board will consider that there is a higher bar for possible increasing economic growth, and whether a country that potentially selection. therefore tries to gauge the country’s qualifies for threshold program Specifically, if a candidate country commitment for further sector reform assistance appears to be on a trajectory with a high probability of transitioning

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to UMIC status is under consideration the Act and publication of information 2018 scorecard assessments can be for selection, the Board will examine in the Federal Register that identify: found below.4 additional data and information related 1. The countries that are ‘‘candidate Low Income Countries (FY 2018 to: countries’’ for assistance for FY 2018 • Scorecard) Whether the country faces based on per capita income levels and significant challenges accessing other eligibility to receive assistance under 1. Afghanistan sources of development financing (such U.S. law. (section 608(a) of the Act; 22 2. Bangladesh as international capital, domestic U.S.C. 7707(a)); 3. Benin resources, and other donor assistance) 4. Burkina Faso 2. The criteria and methodology that and, if so, examining if MCC grant 5. Burma MCC’s Board of Directors (Board) will financing would be an appropriate tool. 6. Burundi • Whether the nature of poverty in use to measure and evaluate policy 7. Cambodia the country (for example, high performance of the candidate countries 8. Cameroon inequality or poverty headcount ratios consistent with the requirements of 9. Central African Republic relative to peer countries) presents a section 607 of the Act (22 U.S.C. 7706) 10. Chad clear and strategic opportunity for MCC in order to determine ‘‘eligible 11. Comoros to assist the country in reducing such countries’’ from among the ‘‘candidate 12. Democratic Republic of Congo poverty through investments that spur countries’’ (section 608(b) of the Act; 22 13. Republic of Congo economic growth. U.S.C. 7707(b)); and 14. Coˆte d’Ivoire • Whether the country demonstrates 3. The list of countries determined by 15. Djibouti particularly strong policy performance, the Board to be ‘‘eligible countries’’ for 16. Eritrea including policies and actions that FY 2018, with justification for eligibility 17. Ethiopia demonstrate a clear priority on poverty determination and selection for compact 18. Gambia reduction. negotiation, including those eligible 19. Ghana • Whether MCC can reasonably countries with which MCC will seek to 20. Guinea expect that the country would enter into compacts (section 608(d) of 21. Guinea-Bissau contribute a significant amount of the Act; 22 U.S.C. 7707(d)). 22. Haiti funding to the compact. This report satisfies item 2 above. 23. India These additional criteria would then 24. Kenya be applied in any additional years of Appendix B: Lists of all LICs, LMICs, 25. Kyrgyz Republic selection as the country continues to and Statutorily Prohibited Countries for 26. Lesotho develop its compact. Should the country Evaluation Purposes 27. Liberia eventually transition to UMIC status Income Classification for Scorecards 28. Madagascar during compact development, the 29. Malawi country would no longer be a candidate Since MCC was created, it has relied 30. Mali country for that fiscal year. on the World Bank’s gross national 31. Mauritania Consequently, continuing the income (GNI) per capita income data 32. Mozambique partnership beyond that point would (Atlas method) and the historical ceiling 33. Nepal then be at the Board’s discretion, and for eligibility as set by the World Bank’s 34. Niger would rely on funding from previous International Development Association 35. North Korea fiscal years from when the country was (IDA) to divide countries into two 36. Pakistan a candidate country. income categories for purposes of 37. Rwanda creating scorecards: LICs and LMICs. 38. Sa˜o Tome´ and Principe Appendix A: Statutory Basis for This These categories are used to account for 39. Senegal Report the income bias that occurs when 40. Sierra Leone This report to Congress is provided in countries with more per capita 41. Solomon Islands accordance with section 608(b) of the resources perform better than countries 42. Somalia Millennium Challenge Act of 2003, as with fewer. Using the historical IDA 43. South Sudan amended, 22 U.S.C. 7707(b) (the Act). eligibility ceiling for the scorecards 44. Syria Section 605 of the Act authorizes the ensures that the poorest countries provision of assistance to countries that compete with their income level peers 4 In December 2011, a statutory change requested enter into a Millennium Challenge and are not compared against countries by MCC altered the way MCC must group countries Compact with the United States to with more resources to mobilize. for the purposes of applying MCC’s 25 percent LMIC funding cap. This change, designed to bring support policies and programs that MCC will continue to use the stability to the funding stream, affects how MCC advance the progress of such countries traditional income categories for funds countries selected for compacts and does not in achieving lasting economic growth eligibility to categorize countries in two affect the way scorecards are created. For and poverty reduction. The Act requires determining whether a country can be funded as an groups for purposes of FY 2018 LMIC or LIC: MCC to take a number of steps in scorecard comparisons: • The poorest 75 countries are now considered selecting countries for compact • LICs are countries with GNI per LICs for the purposes of MCC funding. They are not assistance for FY 2018 based on the capita below IDA’s historical ceiling for limited by the 25 percent funding cap on LMICs. • Countries with a GNI per capita above the countries’ demonstrated commitment to eligibility ($1,905 for FY 2018); and just and democratic governance, poorest 75 but below the World Bank’s upper • middle income country threshold ($3,955 for FY economic freedom, and investing in LMICs are countries with GNI per capita above IDA’s historical ceiling for 2018) are considered LMICs for the purposes of their people, MCC’s opportunity to MCC funding. By law, no more than 25 percent of reduce poverty and generate economic eligibility but below the World Bank’s all compact funds for a given fiscal year can be growth in the country, and the upper middle income country threshold provided to these countries. availability of funds. These steps ($1,906–$3,955 for FY 2018). The FY 2018 Candidate Country Report lists LICs The list of countries categorized as and LMICs based on this definition and outlines include the submission of reports to the which countries are subject to the 25 percent congressional committees specified in LICs and LMICs for the purpose of FY funding cap.

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45. Tajikistan demonstrated commitment to the freedom, national freedom of 46. Tanzania criteria found in section 607(b) of the information laws, and the extent to 47. Timor-Leste Act. The indicators are intended to which a county is filtering internet 48. Togo assess the degree to which the political content or tools. Pass: Score must be 49. Uganda and economic conditions in a country above the median score for the income 50. Yemen serve to promote broad-based group. Source: Freedom House/Centre 51. Zambia sustainable economic growth and for Law and Democracy. 52. Zimbabwe reduction of poverty and thus provide a 4. Government Effectiveness: An index of surveys and expert assessments Lower Middle Income Countries (FY sound environment for the use of MCC that rate countries on the quality of 2018 Scorecard) funds. The indicators are not goals in themselves; rather, they are proxy public service provision; civil servants’ 1. Angola measures of policies that are linked to competency and independence from 2. Armenia broad-based sustainable economic political pressures; and the 3. Bhutan growth. The indicators were selected government’s ability to plan and 4. Bolivia based on (i) their relationship to implement sound policies, among other 5. Cabo Verde economic growth and poverty things. Pass: Score must be above the 6. Egypt reduction; (ii) the number of countries median score for the income group. 7. El Salvador they cover; (iii) transparency and Source: Worldwide Governance 8. Georgia availability; and (iv) relative soundness Indicators (World Bank/Brookings) 9. Guatemala and objectivity. Where possible, the 5. Rule of Law: An index of surveys 10. Honduras indicators are developed by and expert assessments that rate 11. Indonesia independent sources.6 Listed below is a countries on the extent to which the 12. Jordan brief summary of the indicators (a public has confidence in and abides by 13. Kiribati detailed rationale for the adoption of the rules of society; the incidence and 14. Kosovo these indicators can be found in the impact of violent and nonviolent crime; 15. Lao PDR the effectiveness, independence, and 16. Micronesia Public Guide to the Indicators on MCC’s public website at www.mcc.gov). predictability of the judiciary; the 17. Moldova protection of property rights; and the 18. Mongolia Ruling Justly enforceability of contracts, among other 19. Morocco 1. Political Rights: Independent things. Pass: Score must be above the 20. Nicaragua experts rate countries on the prevalence median score for the income group. 21. Nigeria of free and fair electoral processes; Source: Worldwide Governance 22. Papua New Guinea political pluralism and participation of Indicators (World Bank/Brookings) 23. Philippines all stakeholders; government 6. Control of Corruption: An index of 24. Sri Lanka accountability and transparency; surveys and expert assessments that rate 25. Sudan freedom from domination by the countries on: ‘‘grand corruption’’ in the 26. Swaziland political arena; the frequency of petty 27. Tunisia military, foreign powers, totalitarian parties, religious hierarchies and corruption; the effects of corruption on 28. Ukraine the business environment; and the 29. Uzbekistan economic oligarchies; and the political rights of minority groups, among other tendency of elites to engage in ‘‘state 30. Vanuatu capture,’’ among other things. Pass: 31. Vietnam things. Pass: Score must be above the minimum score of 17 out of 40. Source: Score must be above the median score Statutorily Prohibited Countries for Freedom House for the income group. Source: FY18 5 2. Civil Liberties: Independent experts Worldwide Governance Indicators (World Bank/Brookings) 1. Bolivia rate countries on freedom of expression 2. Burma and belief; association and Encouraging Economic Freedom organizational rights; rule of law and 3. Eritrea 1. Fiscal Policy: General government 4. North Korea human rights; and personal autonomy and economic rights, among other net lending/borrowing as a percent of 5. South Sudan gross domestic product (GDP), averaged 6. Sudan things. Pass: Score must be above the minimum score of 25 out of 60. Source: over a three year period. Net lending/ 7. Syria borrowing is calculated as revenue 8. Zimbabwe Freedom House 3. Freedom of Information: Measures minus total expenditure. The data for Appendix C: Indicator Definitions the legal and practical steps taken by a this measure comes from the IMF’s World Economic Outlook. Pass: Score The following indicators will be used government to enable or allow must be above the median score for the to measure candidate countries’ information to move freely through society; this includes measures of press income group. Source: The International Monetary Fund’s World Economic 5 This list is current as of August 1, 2017. Between such date and the December 2017 6 Special note on Kosovo: Since UN agencies do Outlook Database selection Board meeting, other countries may also not currently publish data for Kosovo due to non- 2. Inflation: The most recent average be the subject of future statutory restrictions or recognition status, MCC is unable to source data annual change in consumer prices. Pass: determinations, or changed country circumstances, directly from the UN for the six indicators that are Score must be 15% or less. Source: The that affect their legal eligibility for assistance under constructed in all or in part from this data: Land part I of the Foreign Assistance Act by reason of Rights and Access, Health Expenditures, Primary International Monetary Fund’s World application of the Foreign Assistance Act or any Education Expenditures, Immunization Rates, Girls’ Economic Outlook Database other provision of law for FY2018. Even though Secondary Education Enrollment Rate, and Child 3. Regulatory Quality: An index of these countries are prohibited from received Health. As result, MCC publishes data from UNKT surveys and expert assessments that rate assistance, scorecards are still created for them to (the UN Kosovo Team) in cases where UNKT uses ensure all countries are included in an income comparable methodologies to their UN sister countries on the burden of regulations group in order to determine the global medians/ organizations. See http://www.unkt.org/ for more on business; price controls; the scores for that income group. information. government’s role in the economy; and

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foreign investment regulation, among be above the median score for the Score must be above the median score other areas. Pass: Score must be above income group. Source: International for the income group. Source: United the median score for the income group. Finance Corporation Nations Educational, Scientific and Source: Worldwide Governance 8. Business Start-Up: An index that Cultural Organization Indicators (World Bank/Brookings) rates countries on the time and cost of 6. Child Health: An index made up of 4. Trade Policy: A measure of a complying with all procedures officially three indicators: (i) access to improved country’s openness to international required for an entrepreneur to start up water, (ii) access to improved sanitation, trade based on weighted average tariff and formally operate an industrial or and (iii) child (ages 1–4) mortality. Pass: rates and non-tariff barriers to trade. commercial business. Pass: Score must Score must be above the median score Pass: Score must be above the median be above the median score for the for the income group. Source: The score for the income group. Source: The income group. Source: International Center for International Earth Science Heritage Foundation Finance Corporation Information Network and the Yale 5. Gender in the Economy: An index Investing in People Center for Environmental Law and that measures the extent to which laws Policy provide men and women equal capacity 1. Public Expenditure on Health: to generate income or participate in the Total expenditures on health by Relationship to Legislative Criteria economy, including factors such as the government at all levels divided by Within each policy category, the Act capacity to access institutions, get a job, GDP. Pass: Score must be above the sets out a number of specific selection register a business, sign a contract, open median score for the income group. criteria. A set of objective and a bank account, choose where to live, Source: The World Health Organization quantifiable policy indicators is used to and to travel freely. Pass: Score must be 2. Total Public Expenditure on inform eligibility decisions for above the median score for the income Primary Education: Total expenditures assistance and to measure the relative group. Source: International Finance on primary education by government at performance by candidate countries Corporation all levels divided by GDP. Pass: Score against these criteria. The Board’s a. Due to an expansion in the number must be above the median score for the approach to determining eligibility of areas examined by the indicator income group. Source: The United ensures that performance against each of institution since this indicator’s Nations Educational, Scientific and these criteria is assessed by at least one conception in FY 2012, from FY 2019 Cultural Organization and National of the objective indicators. Most are the Gender in the Economy indicator Governments addressed by multiple indicators. The will be expanded, and incorporate new 3. Natural Resource Protection: specific indicators appear in areas such as property rights Assesses whether countries are parentheses next to the corresponding protections, protections against protecting up to 17 percent of all their criterion set out in the Act. domestic violence, and child marriage biomes (e.g., deserts, tropical Section 607(b)(1): Just and democratic (among others). Expanded details rainforests, grasslands, savannas and governance, including a demonstrated regarding these changes are provided in tundra). Pass: Score must be above the commitment to— the annual Guide to the Indicators and median score for the income group. (A) promote political pluralism, Selection Process, and annual Data Source: The Center for International equality and the rule of law (Political Notes, available on MCC’s website. Earth Science Information Network and Rights, Civil Liberties, Rule of Law, and b. To phase in this new construction the Yale Center for Environmental Law Gender in the Economy); of the indicator, the original version of and Policy the indicator will be used on the FY 4. Immunization Rates: The average of (B) respect human and civil rights, 2018 scorecards. However, an appendix DPT3 and measles immunization including the rights of people with to the scorecards will be published that coverage rates for the most recent year disabilities (Political Rights, Civil will show how countries would perform available. Pass: Score must be above the Liberties, and Freedom of Information); under the new construction of the median score for LICs, and 90% or (C) protect private property rights indicator. From FY 2019, the new higher for LMICs. Source: The World (Civil Liberties, Regulatory Quality, construction of the indicator will then Health Organization and the United Rule of Law, and Land Rights and fully replace the current version on the Nations Children’s Fund Access); scorecard. 5. Girls Education: (D) encourage transparency and 6. Land Rights and Access: An index a. Girls’ Primary Completion Rate: accountability of government (Political that rates countries on the extent to The number of female students enrolled Rights, Civil Liberties, Freedom of which the institutional, legal, and in the last grade of primary education Information, Control of Corruption, Rule market framework provide secure land minus repeaters divided by the of Law, and Government Effectiveness); tenure and equitable access to land in population in the relevant age cohort and rural areas and the time and cost of (gross intake ratio in the last grade of (E) combat corruption (Political property registration in urban and peri- primary). LICs are assessed on this Rights, Civil Liberties, Rule of Law, urban areas. Pass: Score must be above indicator. Pass: Score must be above the Freedom of Information, and Control of the median score for the income group. median score for the income group. Corruption); Source: The International Fund for Source: United Nations Educational, Section 607(b)(2): Economic freedom, Agricultural Development and the Scientific and Cultural Organization including a demonstrated commitment International Finance Corporation b. Girls Secondary Enrollment to economic policies that— 7. Access to Credit: An index that Education: The number of female pupils (A) encourage citizens and firms to rates countries on rules and practices enrolled in lower secondary school, participate in global trade and affecting the coverage, scope, and regardless of age, expressed as a international capital markets (Fiscal accessibility of credit information percentage of the population of females Policy, Inflation, Trade Policy, and available through either a public credit in the theoretical age group for lower Regulatory Quality); registry or a private credit bureau; as secondary education. LMICs are (B) promote private sector growth well as legal rights in collateral laws assessed on this indicator instead of (Inflation, Business Start-Up, Fiscal and bankruptcy laws. Pass: Score must Girls Primary Completion Rates. Pass: Policy, Land Rights and Access, Access

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to Credit, Gender in the Economy, and Enrollment Rate, and Total Public nearing the end of compact Regulatory Quality); Expenditure on Primary Education); implementation (i.e., within 18-months (C) strengthen market forces in the (B) strengthen and build capacity to of compact end date). Some reporting economy (Fiscal Policy, Inflation, Trade provide quality public health and used for assessment may contain Policy, Business Start-Up, Land Rights reduce child mortality (Immunization sensitive information and adversely and Access, Access to Credit, and Rates, Public Expenditure on Health, affect implementation or MCC-partner Regulatory Quality); and and Child Health); and country relations. This information is (D) respect worker rights, including (C) promote the protection of for MCC’s internal use and is not made the right to form labor unions (Civil biodiversity and the transparent and public. However, key implementation Liberties and Gender in the Economy); sustainable management and use of information is summarized in compact and natural resources (Natural Resource status and results reports that are Section 607(b)(3): Investments in the Protection). people of such country, particularly published quarterly on MCC’s website women and children, including Appendix D: Subsequent Compact under MCC country programs (https:// programs that— Considerations www.mcc.gov/where-we-work) or (A) promote broad-based primary MCC reporting and data in the monitoring and evaluation (https:// education (Girls’ Primary Completion following chart are used to assess www.mcc.gov/our-impact/m-and-e) Rate, Girls’ Secondary Education compact performance of MCC partners webpages.

MCC reporting/ Topic data source Published documents

COUNTRY PARTNERSHIP

Political Will: • Quarterly implementation re- • Quarterly results published as ‘‘Table of Key Performance • Status of major conditions precedent. porting. Indicators’’ (available by country): https://www.mcc.gov/our- • Program oversight/implementation. • Quarterly results reporting. impact/m-and-e. Æ project restructures. • Survey of MCC staff. • Survey questions to be posted: https://www.mcc.gov/re- Æ partner response to MCA capacity sources/doc/summary-compact-survey-summary-fy18. issues. • Political independence of MCA. Management Capacity: • Project management capacity. • Project performance. • Level of MCC intervention/oversight. • Relative level of resources required.

PROGRAM RESULTS

Financial Results: • Indicator tracking tables. • Monitoring and Evaluation Plans (available by country): • Commitments—including contributions to • Quarterly financial reporting. https://www.mcc.gov/our-impact/m-and-e. compact funding. • Quarterly implementation re- • Quarterly Status Reports (available by country): https:// • Disbursements. porting. www.mcc.gov/our-impact/m-and-e. Project Results: • Quarterly results reporting. • Quarterly results published as ‘‘Table of Key Performance • Output, outcome, objective targets. • Survey of MCC staff. Indicators’’ (available by country): https://www.mcc.gov/our- • MCA commitment to ‘focus on results’. • Impact evaluations. impact/m-and-e. • MCA cooperation on impact evaluation. • Survey questions to be posted: https://www.mcc.gov/re- • Percent complete for process/outputs. sources/doc/summary-compact-survey-summary-fy18. • Relevant outcome data. • Details behind target delays. Target Achievements.

ADHERENCE TO STANDARDS

• Procurement. • Audits (GAO and OIG). • Published OIG and GAO audits. • Environmental and social. • Quarterly implementation re- • Survey questions to be posted: https://www.mcc.gov/re- • Fraud and corruption. porting. sources/doc/summary-compact-survey-summary-fy18. • Program closure. • Survey of MCC staff. • Monitoring and evaluation. • All other legal provisions.

COUNTRY SPECIFIC

Sustainability: • Quarterly implementation re- • Quarterly results published as ‘‘Table of Key Performance • Implementation entity. porting. Indicators’’ (available by country): https://www.mcc.gov/our- • MCC investments. • Quarterly results reporting. impact/m-and-e. Role of private sector or other donors: • Survey of MCC staff. • Survey questions to be posted: https://www.mcc.gov/re- • Other relevant investors/investments. sources/doc/summary-compact-survey-summary-fy18. • Other donors/programming. • Status of related reforms. • Trajectory of private sector involvement going forward.

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[FR Doc. 2017–21448 Filed 10–2–17; 4:15 pm] requirements. It is imperative that the remove any identifying or contact BILLING CODE 9211–03–P meeting be held on these dates to the information from the public comments scheduling priorities of the key submitted. You may inspect paper participants. copies of comments at NCUA’s headquarters at 1775 Duke Street, NATIONAL AERONAUTICS AND Patricia D. Rausch, SPACE ADMINISTRATION Alexandria, Virginia 22314, by Advisory Committee Management Officer, appointment weekdays between 9 a.m. [Notice: (17–072)] National Aeronautics and Space and 3 p.m. To make an appointment, Administration. NASA Advisory Council; Science call (703) 518–6570 or send an email to [FR Doc. 2017–21255 Filed 10–3–17; 8:45 am] [email protected]. Committee; Ad Hoc Task Force on Big BILLING CODE 7510–13–P Data; Meeting FOR FURTHER INFORMATION CONTACT: Melissa Lowden, Management Analyst, AGENCY: National Aeronautics and National Credit Union Administration, Space Administration. NATIONAL CREDIT UNION 1775 Duke Street, Alexandria, Virginia ACTION: Notice of meeting. ADMINISTRATION 22314–3428 or telephone: (703) 518– 1182. SUMMARY: In accordance with the Request for Comment Regarding Federal Advisory Committee Act, as National Credit Union Administration Authority: 5 U.S.C. 306. amended, the National Aeronautics and Draft 2018–2022 Strategic Plan SUPPLEMENTARY INFORMATION: The Space Administration (NASA) Government Performance and Results AGENCY: National Credit Union announces a meeting of the Ad Hoc Big Act of 1993 (GPRA) requires agencies to Administration (NCUA). Data Task Force (BDTF). This task force prepare strategic plans, annual reports to the NASA Advisory Council’s ACTION: Notice and request for comment. performance plans and annual Science Committee. The meeting will be SUMMARY: The NCUA Board (Board) is performance reports with measurable held for the purpose of soliciting and requesting comment on its 2018–2022 performance indicators to address the discussing, from the scientific Draft Strategic Plan. The NCUA 2018– policy, budgeting and oversight needs of community and other persons, scientific 2022 Draft Strategic Plan summarizes both Congress and agency leaders, and technical information relevant to our analysis of the internal and external partners/stakeholders, and program big data. environment impacting NCUA; managers. In 2010, Congress passed the DATES: Wednesday, November 1, 2017, evaluates NCUA programs and risks; GPRA Modernization Act of 2010, 8:30 a.m.–5:00 p.m.; Thursday, and provides goals and objectives for which further requires a leadership- November 2, 2017, 8:30 a.m.–5:00 p.m.; the next five years. While the Board driven governance model with emphasis on quarterly reviews and transparency. and Friday, November 3, 2017, 8:30 welcomes all comments from the public The GPRA Modernization Act requires a.m.–5:00 p.m., Local Time. and stakeholders, it specifically invites agencies to set priority goals linked to ADDRESSES: Jet Propulsion Laboratory comments and input on the proposed longer-term Agency strategic goals. Part (JPL), Theodore von Ka´rma´n goals and objectives of the strategic 6 of Office of Management and Budget Auditorium, 4800 Oak Grove Drive, plan. Pasadena, CA 91011. (OMB) Circular A–11 provides DATES: Comments must be received on FOR FURTHER INFORMATION CONTACT: Ms. additional guidance and requirements or before December 4, 2017 to be KarShelia Henderson, Science Mission for federal agencies to implement these assured of consideration. Directorate, NASA Headquarters, laws. The NCUA Draft Strategic Plan Washington, DC 20546, (202) 358–2355, ADDRESSES: You may submit comments 2018–2022 is issued pursuant to the fax (202) 358–2779, or khenderson@ by any of the following methods (Please GPRA, the GPRA Modernization Act, nasa.gov. send comments by one method only): and OMB Circular A–11. • NCUA Web site: https:// The NCUA 2018–2022 Draft Strategic SUPPLEMENTARY INFORMATION: The www.ncua.gov/about/pages/board- Plan outlines how the agency will meeting will be open to the public up comments.aspx. Follow the instructions continue to effectively supervise and to the capacity of the room. The meeting for submitting comments. insure a growing and evolving credit will also be available telephonically and • Email: Address to boardcomments@ union system. As the financial services by WebEx. You must use a touch tone ncua.gov. Include ‘‘[Your name]— and the credit union sector evolve, phone to participate in this meeting. Comments on NCUA 2018–2022 Draft NCUA must adjust to meet the Any interested person may dial the USA Strategic Plan’’ in the email subject line. challenges the changes provide. In toll free conference call number 888– • Fax: (703) 518–6319. Include your response, we are adopting new 324–9653, or toll number 1–312–470– name and the following subject line: technology and analytical tools to 7273, passcode 3883300, to participate ‘‘Comments on NCUA 2018–2022 Draft improve the agency’s offsite monitoring in this meeting by telephone for all Strategic Plan.’’ capabilities. Additionally, we are three days. The WebEx link is https:// • Mail: Address to Gerard Poliquin, recalibrating our examination approach nasa.webex.com/; the meeting number Secretary of the Board, National Credit to reflect a more stable economic is 991 009 965 and the password is Union Administration, 1775 Duke environment. We also are revising the BDTFmtg#6 for all three days. The Street, Alexandria, Virginia 22314– agency’s operations, priorities and agenda for the meeting includes the 3428. structure to ensure our objectives match following topics: • Hand Delivery/Courier: Same as those prescribed in the Federal Credit —Update on JPL/Caltech Data Science mail address. Union Act, while at the same time Programs and Projects Public Inspection: You can view all efficiently using the agency’s resources. —Review of BDTF Studies public comments on NCUA’s Web site In the years ahead, NCUA also plans —Discussion of Draft Findings and at https://www.ncua.gov/about/pages/ to advance meaningful regulatory relief Recommendations. board-comments.aspx as submitted, by fully reevaluating our rules and Attendees will be requested to sign a except for those we cannot post for working to modify them as appropriate, register and to comply with JPL security technical reasons. NCUA will not edit or improving the uniformity of

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examinations, implementing an 2017 Notice) requesting comments on earnings and significantly impaired improved examination appeals process, its plan to close the Stabilization Fund credit unions’ one percent contributed and mitigating the largest risks to the in 2017 and set the normal operating capital deposit.3 The deposit Share Insurance Fund. level at 1.39 percent. The notice impairment, along with premiums 4 that By publishing the proposed NCUA appeared in the Federal Register on July would have been necessary to restore 2018–2022 Strategic Plan in the Federal 27, 2017.1 Specific matters the Board the Insurance Fund’s equity ratio, Register, as well as posting it on our sought comment on included whether would have resulted in a significant, Web site at www.ncua.gov, NCUA the NCUA should: immediate cost to credit unions at a • continues its ongoing commitment to Close the Stabilization Fund in time when their earnings and capital transparency about the agency’s future 2017, close it at some future date, or were already under stress due to the plans and actions. wait until it is currently scheduled to Great Recession.5 In June 2009, the The NCUA 2018–2022 Draft Strategic close in 2021. Board formally approved use of the • Set the normal operating level Plan is available at the following Web Stabilization Fund for the costs of the based on the Insurance Fund’s ability to address: https://www.ncua.gov/About/ Corporate System Resolution Program.6 withstand a moderate recession without Pages/budget-strategic-planning/ Since then, all of these costs have been annual-plan.aspx. requiring assessments over a five-year accounted for in the financial period. By the National Credit Union • statements of the Stabilization Fund. Administration Board on September 28, Set the normal operating level 2017. based on the Insurance Fund’s ability to The Act specifies that the Gerard Poliquin, withstand a severe recession without Stabilization Fund will terminate 90 Secretary of the Board. requiring assessments over a five-year days after the seven-year anniversary of period. its first borrowing from the U.S. [FR Doc. 2017–21304 Filed 10–3–17; 8:45 am] • Base the approach to setting the Treasury.7 The first borrowing occurred BILLING CODE P normal operating level on preventing on June 25, 2009, making the original the equity ratio from declining below closing date September 27, 2016. NATIONAL CREDIT UNION 1.20 percent, or some other higher However, the Act provided the Board, ADMINISTRATION minimum level. with the concurrence of the Secretary of The Board requested comments by the U.S. Treasury, authority to extend Closing the Temporary Corporate September 5, 2017, which would allow the closing date of the Stabilization Credit Union Stabilization Fund and the Board sufficient time to permit Fund. In June 2010, the Board voted to Setting the Share Insurance Fund closing before the end of 2017 and extend the life of the Stabilization Fund Normal Operating Level establish a distribution method to and, on September 24, 2010, the NCUA insured credit unions to the extent the received concurrence from the Secretary AGENCY: National Credit Union closure caused the Insurance Fund’s of the U.S. Treasury to extend the Administration (NCUA). equity ratio to exceed its normal closing date to June 30, 2021. ACTION: Final notice. operating level, as of the end of 2017. In a separate but related proposal, also Unlike in 2009, the Insurance Fund’s SUMMARY: In July 2017, the NCUA Board adopted on July 20, 2017, the Board $13.2 billion now exceeds both the (Board) sought comments on its plan to requested comments on its regulation corporate credit union Legacy Asset close the Temporary Corporate Credit governing equity distributions from the balance and NGN balance (as of June 30, Union Stabilization Fund (Stabilization Insurance Fund.2 2017). Due primarily to the nearly $4 Fund) in 2017, prior to its scheduled billion in net legal recoveries, the closing date in June 2021, and raise the A. Stabilization Fund Background Stabilization Fund has a positive net normal operating level of the National Public Law 111–22, the Helping position of approximately $2.0 billion as Credit Union Share Insurance Fund Families Save Their Homes Act of 2009 of June 2017. Additionally, there are no (Insurance Fund) to 1.39 percent. This (Helping Families Act), signed into law outstanding U.S. Treasury borrowings. final notice provides a discussion of by the President on May 20, 2009, Closing the Stabilization Fund in 2017 comments received and explains the created the Stabilization Fund. Congress will, barring the unexpected, result in Board’s decision to close the provided the NCUA with this temporary an equity distribution to insured credit Stabilization Fund in 2017. This notice fund to accrue the losses of the unions in 2018, putting funds to work also explains the Board’s decision to set corporate credit union system and in the credit union system prior to its the normal operating level of the assess insured credit unions for such current scheduled closure in 2021. Insurance Fund to 1.39 percent. losses over time. This prevented insured FOR FURTHER INFORMATION CONTACT: credit unions from bearing a significant 3 Prior to reassignment of these costs to the Anthony Cappetta, Supervisory burden for losses associated with the Stabilization Fund, the equity ratio of the Insurance Financial Analyst, Amanda Parkhill, insolvency of five corporate credit Fund would have been only about 0.11 percent at year-end 2009—resulting in a deposit impairment Loss/Risk Analysis Officer, or Kevin unions within a short period. Without of 89 percent. Tuininga, Senior Staff Attorney, at 1775 creation of the Stabilization Fund, 4 Throughout this document, the terms Duke Street, Alexandria, VA 22314, or corporate credit union losses would ‘‘premium’’ and ‘‘assessment’’ are used telephone: (703) 518–1592. have been borne by the Insurance Fund. interchangeably. 5 Because the contributed capital deposit is SUPPLEMENTARY INFORMATION: The magnitude of losses would have reflected as an asset on the financial statements of I. Background exhausted the Insurance Fund’s retained insured credit unions, under applicable accounting II. Comments Received rules any impairment results in an immediate III. The Board’s Response to Comments 1 Closing the Temporary Corporate Credit Union expense to credit unions. IV. Final Action Stabilization Fund and Setting the Share Insurance 6 For more details on the Corporate System Fund Normal Operating Level, 82 FR 34982 (July Resolution Program, please see the NCUA Corporate I. Background 27, 2017). System Resolution Costs Web page (https:// 2 Requirements for Insurance; National Credit www.ncua.gov/regulation-supervision/Pages/ On July 20, 2017, the Board approved Union Share Insurance Fund Equity Distributions, corporate-system-resolution.aspx). a Notice and Request for Comment (July 82 FR 35705 (Aug. 1, 2017). 7 12 U.S.C. 1790e(h).

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B. Normal Operating Level Background reduced. This helps ensure the 4 basis As noted above, some commenters When contemplating closing the points of additional equity to account supporting closure in 2017, along with Stabilization Fund, the Board also had for the potential decline in value of the a few others that opposed closure, also to consider whether a normal operating claims on the asset management estates suggested that the NCUA could make level of 1.30 percent would be sufficient is maintained in the Insurance Fund distributions to the Insurance Fund or to 12 to cover all of the Insurance Fund’s until Legacy Assets can be sold. credit unions directly from the resulting exposures. To determine this, Therefore, the Board proposed setting Stabilization Fund without closing it. the NCUA modeled the losses that the normal operating level at 1.39 Under one commenter’s analysis, the would be expected under a moderate percent. NCUA would receive deference in making such distributions under the and a severe recession.8 For the two II. Comments Received recession scenarios, the agency modeled Supreme Court case Chevron U.S.A., The Board received 663 comment Incorporated v. Natural Resources the: 13 • Impact on the equity ratio of the letters on its notice proposing to close Defense Council, Incorporated estimated decline in the value of the the Stabilization Fund in 2017 and because the Act is silent on the subject. Insurance Fund’s claims on the increase the Insurance Fund’s normal This commenter believed the Insurance liquidated corporate credit unions’ asset operating level to 1.39 percent. Fund is owed a refund from the management estates—which would be Commenters included representatives of Stabilization Fund, which would driven by a reduction in the value of the three national credit union trade provide a sufficient nexus with Stabilization Fund authorities to Legacy Assets. associations; 15 credit union leagues or • Performance of the Insurance Fund regional trade associations; 244 federal support a distribution to the Insurance based on the three primary factors that credit unions; 268 federally insured, Fund. At the same time, this commenter currently affect the Insurance Fund’s state-chartered credit unions; and 133 stated mingling funds from the equity ratio: Insured share growth, yield individuals and organizations, Stabilization Fund with the Insurance on investments, and insurance losses. including credit union service Fund would be unfair to credit unions. The Insurance Fund was modeled organizations. The majority of A few commenters suggested the NCUA over a five-year period and the Legacy commenters expressly supported or did could make distributions directly from Assets were modeled over their not oppose closing the Stabilization the Stabilization Fund to former capital remaining life.9 The NCUA used the Fund in 2017 and expressly opposed holders of the corporate credit unions. A number of commenters supporting applicable variables describing increasing the Insurance Fund’s normal closing the Stabilization Fund in 2017 economic developments for the Adverse operating level or advocated a ‘‘full hedged their support if (a) closure was and Severely Adverse economic rebate’’ of Stabilization Fund equity. A combined with an increase to the scenarios from the Federal Reserve more detailed discussion of the Insurance Fund’s normal operating level Board’s 2017 annual stress test comments follows. 10 or (b) Stabilization Fund money could supervisory scenarios. A. Closing the Stabilization Fund not be accounted for separately after its Based on this modeling, to withstand closure. Many of these commenters a moderate recession without the equity Approximately 170 commenters believed Stabilization Fund equity ratio falling below the statutory expressly supported the Board’s should not be available to permanently minimum of 1.20 percent,11 proposal to close the Stabilization Fund the increase the Insurance Fund’s equity in 2017. An additional two-thirds of all Insurance Fund’s equity ratio needs to ratio (whether or not the normal commenters omitted an express opinion be high enough to withstand the operating level was increased) or for on whether to close the Stabilization following: insurance losses related to natural • A 13-basis-point decline in the Fund in 2017 and instead voiced more person credit unions. These commenters definite opinions on the Insurance equity ratio due to the impact on the stated it would be inappropriate to Fund’s normal operating level. Many three primary drivers of the Insurance ‘‘repurpose’’ or ‘‘divert’’ Stabilization commenters that did not make a Fund’s performance. Fund equity for uses beyond losses • A 4-basis-point decline in the value statement supporting closure in 2017 related to the liquidated corporate credit of the Insurance Fund’s claim on the nevertheless urged a near-term unions. A common comment was that corporate credit union asset distribution of funds, indicating or the Board should maintain separate management estates. implying either that they (a) did not operations for resolution of the • A 2-basis-point decline in the oppose closing the Stabilization Fund in corporate credit union estates after equity ratio expected to occur prior to 2017 or (b) believed the Board could closing the Stabilization Fund and when the remaining NGNs begin to make a distribution to credit unions maintain income and equity attributable mature in 2020 and remaining exposure directly from the Stabilization Fund. to the Stabilization Fund in a separate to the Legacy Assets can begin to be Supportive commenters generally account payable to credit unions. expressed that closing the Stabilization A number of commenters were 8 In estimating the equity ratio under various Fund before 2021 would provide an economic stress scenarios, the NCUA must make concerned the Stabilization Fund’s estimates and assumptions that affect the model earlier opportunity to expand business closure would affect the total output. Actual results could differ from the NCUA’s and increase the financial security of distributions available to insured credit estimates; however, the agency evaluates the credit unions, particularly smaller credit unions once the corporate credit union reasonableness of such estimates when analyzing unions. Multiple commenters also noted asset management estates were resolved. the model output. that closure would reduce the NCUA’s 9 A five-year horizon (beginning at year-end 2017) Many of these commenters were also was used to cover the cycle of an economic costs for maintaining multiple funds. concerned closure would affect the downturn and the life of the NGN Program. allocation of funds between credit 10 Supervisory Scenarios for Annual Stress Test 12 The Board must consider retaining this equity unions that paid Stabilization Fund Required under the Dodd-Frank Act Stress Testing now because, as the equity ratio declines, the Board assessments and credit unions that hold Rules and the Capital Plan Rule, Feb. 10, 2017. would be unable to replenish the equity through (https://www.federalreserve.gov/newsevents/ premium assessments as long as the equity ratio certificates of claim against the asset pressreleases/files/bcreg20170203a5.pdf). remains above 1.30 percent, per the Act. 12 U.S.C. 11 12 U.S.C. 1782(c)(2). 1782(c)(2)(B). 13 467 U.S. 837 (1984).

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management estates related to corporate advocated that any increase from 1.30 Commenters opposing an increase credit union capital investments. A few percent be temporary. Many often supported their position by noting commenters appeared to urge the NCUA commenters urged the Board to set a that funds would be more productive to prioritize payments to former capital defined schedule or express specific and earn higher returns in the hands of holders of the liquidated corporate intent to move the normal operating credit unions than in the Insurance credit unions over distributions to level back to 1.30 percent as exposure Fund. Many of these commenters insured credit unions, while some to Legacy Assets decreases. One acknowledged that near-term Insurance others expressed concern that capital commenter who advocated the Board set Fund assessments could be required and holders not receive priority over credit the normal operating level at 1.50 that this was an acceptable outcome. unions that paid assessments. percent urged the NCUA to approach One commenter stated that 1.39 percent One commenter argued that the Congress for further authorities that seemed arbitrary because the Insurance NCUA should treat the corporate asset would permit the Insurance Fund’s Fund would not have withstood the management estates collectively for equity ratio to reach 2.0 percent, similar financial crisis even if its equity ratio purposes of paying claims against the to the Deposit Insurance Fund for banks. had been at that level before the crisis estates under 12 CFR 709.5(b), One commenter supported a began. governing priority of claims. This temporary increase of the Insurance Numerous commenters noted the commenter observed that a collective Fund’s equity ratio to 1.30 percent but Insurance Fund’s audit reports from approach would maximize only for so long as exposure to Legacy December 2016 determined that an reimbursements to the Stabilization Assets remained. This commenter stated equity ratio of 1.24 percent was Fund before any payments to capital that all equity related to the sufficient to cover all contingencies. holders of the corporate credit unions Stabilization Fund should be distributed With respect to the Stabilization Fund, could occur. This commenter believed once Legacy Asset exposure subsided, these commenters cited the December the Board had treated the asset including funds needed to increase the 2016 audit report that stated ‘‘there were management estates collectively by Insurance Fund’s equity ratio to 1.30 no probable losses for the guarantee of pooling their assets in NGN trusts and percent. Thus, this commenter implied NGN’s associated with the re- then departed from collective treatment the Board should decrease the normal securitization transactions.’’ These with respect to payment of claims under operating level below 1.30 percent to commenters argued the NCUA could § 709.5(b). This commenter meet the equity ratio at the time of the therefore not, only nine months later, recommended a new regulation Stabilization Fund’s closure to permit justify an increase to the normal providing that the corporate credit distribution of all equity received from operating level based on exposure to the union asset management estates would the Stabilization Fund. Legacy Assets or for potential losses be treated as one pool of assets for Around 55 percent of all commenters related to natural person credit unions. purposes of distributions under expressly opposed any increase to the Some commenters contended an § 709.5(b). normal operating level. However, increase to the normal operating level Slightly under 30 commenters firmly around 90 additional commenters urged would be akin to credit unions over- opposed closing the Stabilization Fund a ‘‘full rebate’’ of Stabilization Fund reserving for loan losses, a practice in 2017. Many of these commenters equity, implying they also opposed any NCUA examiners generally advise were concerned that closing the increase to the normal operating level against. They noted the strength of the Stabilization Fund, which would result that would decrease a distribution in credit union industry, the recent in consolidation, would cause less than 2018 or beyond. Many of these strengthening of the NCUA’s regulations full transparency regarding Insurance commenters contended no increase related to capital, and more stringent Fund distributions to credit unions and could be justified because a normal supervisory tests as additional firewalls payments to former capital holders of operating level of 1.30 percent had been that reduced the need for an increase to the liquidated corporate credit unions. sufficient to withstand the financial the normal operating level. These One commenter voiced concern about crisis. A large number of these commenters often pointed to loss volatility in the Insurance Fund’s equity commenters (as well as some that estimates related to the Legacy Assets as ratio and complications related to supported an increase) were concerned a basis to doubt the NCUA’s projections multiple small distributions. the Board would never again decrease of the Insurance Fund’s performance. the normal operating level if it increased One commenter that characterized the B. Normal Operating Level it in 2017. Many commenters that Board’s proposed closure of the Just under 60 commenters supported opposed any increase to the normal Stabilization Fund as a ‘‘cash grab’’ or indicated some level of acceptance of operating level urged that, if the Board alleged resulting distributions were an an increase to the Insurance Fund’s did increase it, the increase should attempt to distract credit unions as the normal operating level, provided the sunset after one year and the Board agency ‘‘hoards money for itself.’’ increase was temporary. About one should then substantiate any extension According to this commenter, the NCUA dozen of these commenters supported or of a normal operating level above 1.30 intended to ‘‘raid’’ Stabilization Fund appeared to accept an increase to 1.39 percent. Some of these commenters assets as an end-run around FCU Act percent. One commenter advocated a suggested increasing the normal restrictions that preclude assessments permanent increase to 1.50 percent. An operating level would erode the NCUA’s increasing the Insurance Fund’s equity additional three dozen commenters motivations to control its operating ratio above 1.30 percent. A few supported a temporary increase to 1.34 expenses and that the NCUA’s operating commenters contended using percent to cover exposure to Legacy budget and the overhead transfer rate Stabilization Fund equity to increase the Assets. Three more commenters had consumed most Insurance Fund Insurance Fund’s normal operating level suggested an increase to 1.35 percent, investment returns in recent years. A above 1.30 percent was illegal because while another seven commenters common thread in the comments was it was the equivalent of an assessment indicated some level of support for a that failure to return all Stabilization that the Act would not otherwise temporary increase without specifying Fund equity would be contrary to prior permit. Some commenters also their preferred threshold. These assurances and promises from the expressed the sentiment that it would be commenters nearly universally Board. improper to improve the Insurance

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Fund’s equity position using dollars nothing to address the excessive $1B on the subject creates ambiguity. from credit unions that paid charged since its creation to the [asset However, these arguments are based on Stabilization Fund assessments. management estates] by the NCUA.’’ flawed legal, factual, and policy Most commenters did not directly Many commenters also submitted form assumptions, which even substantial address whether they supported the letters stating that, if the NCUA did not deference may not support. NCUA lengthening the forecast horizon distribute the maximum amount, it First, the Stabilization Fund is not for Insurance Fund performance from would be ‘‘dooming us to fail and silent on distribution authority. The two years to five years. Some that did claiming the hard won reserves our legislation expressly references address this opposed lengthening the members have saved.’’ Multiple distributions, but only in relation to two forecast horizon because they believed a commenters also argued that an increase circumstances. One, the legislation five-year horizon was significantly to the Insurance Fund’s equity ratio expressly prohibits an otherwise longer than the typical length of a through an adjustment to the normal required end-of-year distribution from recession. They also argued the NCUA operating level was not warranted for the Insurance Fund to insured credit had sufficient tools to manage the Legacy Asset exposure because the unions if the Stabilization Fund has an Insurance Fund, such as levying distribution of Stabilization Fund equity outstanding advance from the Treasury. assessments, implementing a restoration to the Insurance Fund would cover such And, two, the legislation requires a plan, decreasing operating budgets, and exposure. A few commenters requested distribution of all funds and property in altering investment strategies, without or suggested more time to review and the Stabilization Fund when the Board lengthening the forecast period. respond to the Board’s proposal or closes the Fund. Nowhere does the legislation discuss optional, non-closure C. Additional Comments lamented that they did not have more time to review and respond. One distributions to the Insurance Fund (or A number of commenters noted commenter proposed putting off the to credit unions directly) prior to the improved transparency in NCUA proposal until 2018 to permit more time Stabilization Fund’s closure. Instead, as operations. But many commenters were for review. the Board noted in the July 2017 Notice, also concerned closure of the Many commenters had an inaccurate the legislation makes direct and express Stabilization Fund and the distribution understanding of one or more of the reference to particular Insurance Fund of its assets to the Insurance Fund following: (a) The law governing credit authorities that also apply to the would decrease transparency. A few union liquidations; (b) the difference Stabilization Fund (insurance payments, commenters specifically requested more between distributions from the special assistance payments, and transparency on the Board’s Insurance Fund to insured credit unions administrative or other Title II administration of the corporate credit and distributions to claimants from expenses). These direct and express union asset management estates. asset management estates; (c) whether references exclude the authorities the A significant number of commenters the timing of the Stabilization Fund’s Act provides with respect to equity attributed downward trends in the closure could affect overall distributions distributions to insured credit unions Insurance Fund’s equity ratio to the cost to either insured credit unions or former from the Insurance Fund. of the NCUA’s operations, recent capital holders of the corporate credit Second, the Act requires that, before increases in the NCUA’s operating unions; (d) the interaction of the the Board authorizes any non-closure budget, and excessive Insurance Fund Insurance Fund’s equity ratio and its payment from the Stabilization Fund, it loss reserves. Many commenters also normal operating level; and (e) how the must ‘‘certify that, absent the existence expressed a preference that the Board 1.30 percent equity ratio and normal of the Stabilization Fund, the Board consider an increase to the Insurance operating level survived the financial would have made the identical payment Fund’s normal operating level in a crisis without immediate and heavy out of the [Insurance Fund].’’ The Board proposal completely separate from any assessments. Almost fifty commenters must report these certifications to related to closing the Stabilization advocated or mentioned a particular specified congressional committees. Fund. Some of these commenters distribution method under the Board’s Especially with respect to a non-closure alleged an improper motive, or ‘‘sleight separate proposal to amend 12 CFR distribution to the Insurance Fund (as at of hand,’’ in considering the proposals 741.4. least one commenter now urges), it is together. unclear how the Board would certify Multiple commenters stated no-near III. The Board’s Response to Comments that the Insurance Fund could have term Insurance Fund premiums would The Board considered all of the made such a payment to itself. These be required even if the Stabilization comments and provides responses provisions make it unwise to assume a Fund was not closed in 2017. These below to the salient arguments and court (or Congress) would approve of an commenters stated that models showed concerns commenters raised. interpretation that the NCUA can no circumstances where the Insurance distribute funds between the Fund’s equity ratio would fall below A. Closing the Stabilization Fund Stabilization Funs and Insurance Fund 1.20 percent within the next two to four In response to commenters that outside of the circumstances described years. On the other hand, one suggested the NCUA could make in the Act. commenter was concerned about the distributions to the Insurance Fund or to Third, contrary to what one of the loss of contingency funding after closure credit unions directly from the principal proponents of non-closure of the Stabilization Fund. This Stabilization Fund without closing it, distributions from the Stabilization commenter recommended that the the Board continues to see no legal basis Fund contends, the Insurance Fund is NCUA review its Central Liquidity for discretionary, non-closure not ‘‘owed a refund from the Facility authorities and regulations with distributions. This is true for either Stabilization Fund as a result of an eye toward improving contingency direct distributions to credit unions or conserved and liquidated corporate funding sources. non-closure distributions to the credit unions.’’ Other than the $1 billion A material number of commenters, Insurance Fund. Commenters that urged capital note issued to U.S. Central generally through variations of a form non-closure distributions argued the Federal Credit Union, no material letter, stated that the ‘‘proposed method NCUA would receive deference on its expenses related to the conserved and for closing the [Stabilization Fund] does interpretation because the Act’s silence liquidated corporate credit unions were

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paid from the Insurance Fund. holders or any other claimants against As the Board noted in the July 2017 Immediately after Congress established the asset management estates. Notice, closing the Stabilization Fund the Stabilization Fund, the Board A common comment was that the will not change the accounting or transferred the $1 billion capital note Board should maintain income and reporting of the corporate credit union receivable to the Stabilization Fund, at equity attributable to the Stabilization asset management estates. Each asset which time the Insurance Fund received Fund in a separate account payable to management estate is, and will always full payment on the capital note from credit unions and maintain separate be, a separate legal entity and no claims the Stabilization Fund. These events are operations for resolution of the against those estates will be affected by all reflected in public Board records and corporate credit union estates after the closing. Additionally, corporate the audited 2009 financial statements closing the Stabilization Fund. The credit union asset management estates for the Insurance Fund and Stabilization Board assures commenters that will be reported separately from natural Fund, available on the NCUA’s Web corporate credit union asset person credit union asset management site. Until the Board votes to close the management estates will continue to be estates. The post-closure financial Stabilization Fund or it reaches its administered as distinct entities, as the statements and note disclosures for the statutory expiration date, thus triggering Act requires. However, the Board sees Insurance Fund will continue to provide the distribution of all Stabilization Fund no basis on which it can maintain the same level of detail about the assets and liabilities to the Insurance separate accounts for equity distributed Insurance Fund’s receivables from the Fund, the Insurance Fund has no from what was the Stabilization Fund to corporate assets management estates receivable from the Stabilization Fund the Insurance Fund once the and related fiduciary activities. to support a payment characterized as a Stabilization Fund is closed. Regularly updated information on the refund. Under the Act, all capital within the NCUA’s Web site for the NGNs, Legacy Finally, the Board is skeptical Insurance Fund contributes equally to Assets, and asset management estates Congress would approve of its equity ratio if it is not a ‘‘direct will continue to be provided after discretionary, non-closure distributions liabilit[y] of the Fund or contingent closure of the Stabilization Fund. to credit unions or to the Insurance liabilit[y] for which no provision for As for the transparency related to Fund because the Stabilization Fund losses has been made.’’ 15 Thus, Insurance Fund distributions, the Board has, at the Board’s request, unhindered distributions cannot become direct has taken recent actions to increase access to $6 billion in general tax liabilities of the Insurance Fund to transparency of the distribution process. revenues from the U.S. Treasury. support some type of account-payable Any resulting Insurance Fund Nothing in the Stabilization Fund treatment until the Insurance Fund’s distributions would be conducted in legislation informs when or how non- equity ratio exceeds the normal accordance with the Act and Part 741 of closure general distributions would or operating level as of the end of a the NCUA’s regulations. Interested could take place. Although the calendar year and the available assets stakeholders were provided an Insurance Fund shares the same U.S. ratio exceeds 1.0 percent.16 opportunity to comment on the Treasury borrowing authority, the Act Additionally, until an equity proposed method for distributing equity imposes multiple timing, amount, and distribution occurs, all equity in the from the Insurance Fund to insured circumstance limitations with respect to Insurance Fund is available for the credit unions in a Notice of Proposed its equity distributions. The Board purposes designated in the Act, Rulemaking approved by the Board in believes a loose interpretation with including payments of insurance, July 2017.19 respect to non-closure Stabilization special assistance, or administrative or Some commenters were concerned Fund distributions poses a high risk that other expenses incurred in carrying out the Stabilization Fund’s closure would such distributions would be viewed the purposes of Title II of the Act.17 affect the total distributions available to unfavorably, with potential adverse There is no basis by which the Board insured credit unions once the corporate consequences. credit union asset management estates A few commenters also argued the can withhold equity transferred from the Stabilization Fund for a specific were resolved, or the allocation of funds NCUA could make distributions directly between credit unions that paid from the Stabilization Fund to former purpose. However, in its separate proposal on Insurance Fund distribution Stabilization Fund assessments and capital holders of the corporate credit credit unions that hold certificates of union asset management estates. This is methods, the Board does attempt, to the extent possible, to treat distributions claim against the asset management not the case, however, because former estates related to corporate credit union capital holders have claims against the related to Stabilization Fund equity different from general equity capital investments. However, these asset management estates, not against concerns are similarly unfounded. the Stabilization Fund or the Insurance distributions that might otherwise occur from the Insurance Fund.18 Assuming all other potential equity Fund.14 With respect to each asset In response to commenters concerned ratio influences remain static, the management estate, capital holders can that consolidation of the funds would Stabilization Fund’s early closure will only receive payment after the cause less than full transparency have no impact on the total Stabilization Fund has been fully regarding Insurance Fund distributions distributions insured credit unions will reimbursed for payments made from the to credit unions and payments to former receive once all corporate credit union Stabilization Fund on behalf of the capital holders of the liquidated legacy assets are resolved. This is estate. This is because claims of the corporate credit unions, the Board because the amount of total receivables Stabilization Fund are senior to those of reiterates that is not the case. the Stabilization Fund holds against the capital holders under 12 CFR 709.5(b), asset management estates, which affects governing priority of payments in the amount that will eventually be liquidation. Funds in the Stabilization 15 12 U.S.C. 1782(h)(2). 16 distributed to credit unions depending Fund belong to the Stabilization Fund. 12 U.S.C. 1782(c)(3). 17 12 U.S.C. 1783(a). on future performance of the Legacy These funds are not available to capital 18 Notice of Proposed Rulemaking ‘‘Requirements for Insurance; National Credit Union Share 19 ‘‘Requirements for Insurance; National Credit 14 See 12 CFR 709.5(b) (listing ‘‘unsecured claims Insurance Fund Equity Distributions’’ 82 FR 35705 Union Share Insurance Fund Equity Distributions,’’ against the liquidation estate’’). (Aug. 1, 2017). 82 FR 35705 (Aug. 1, 2017).

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Assets, will not change as a result of the requires the Board to ‘‘retain for the Web site and reflects the Board’s closure. All receivables the Stabilization account of the Board such portion of the position that each asset management Fund holds as of October 1, 2017 will amounts realized from any liquidation estate is, and should be, treated as a be distributed to the Insurance Fund as the Board may be entitled to receive distinct legal entity. and equity will build from those in connection with the subrogation of receivables in the Insurance Fund rather the claims of accountholders’’ and to B. Normal Operating Level than building and remaining in the ‘‘pay to accountholders and other In response to the commenter that Stabilization Fund until its scheduled creditors the net amounts available for characterized the NCUA’s proposed closure date in 2021. Equity that builds distribution to them.’’ 21 NCUA closure of the Stabilization Fund as a in the Insurance Fund will become regulations further specify, consistent ‘‘cash grab,’’ the Board reaffirms its available for future distributions to the with principles that apply in general position that the agency should extent the equity ratio exceeds the bankruptcies, that the administrative maintain a resilient Insurance Fund for normal operating level at the end of a expenses associated with a liquidation the mutual benefit of the credit union calendar year. receive priority over all other claims.22 community and taxpayers. It is also Instead of affecting total distribution Finally, case law related to the important for the NCUA to avoid or amounts, early closure means credit unwinding of financial institutions minimize Insurance Fund premiums, unions will see a portion of total imposes fiduciary like duties on the especially during times of economic distributions sooner than they would if receiver for an insolvent financial stress, to keep money at work in the the Board continued to hold equity in institution (or in the NCUA’s case, the credit union community when it is the Stabilization Fund. If the Board liquidating agent).23 Based on these needed most. continues to hold equity in the applicable authorities and principles, To that end, as outlined in the July Stabilization Fund, credit unions are the Board believes treating the asset 2017 Notice, the Board’s main objectives more likely to see fewer but management estates collectively for in setting the normal operating level are individually larger distributions after purposes of paying claims would cause as follows: the Stabilization Fund is closed at some material litigation risk. This litigation • Retain public confidence in federal future date, Aggregate distributions will risk would arise because some estates share insurance; not change, however, based on when the would cover deficits in Stabilization • Prevent impairment of the one Stabilization Fund is closed. Also, if the Fund receivables related to other estates percent contributed capital deposit; and Stabilization Fund is not closed in 2017, that suffered greater losses, potentially • Ensure the Insurance Fund can credit unions may be subject to an prejudicing subordinate creditors, withstand a moderate recession without Insurance Fund premium in the near including former capital holders. the equity ratio declining below 1.20 future to maintain the equity ratio at a Further, the commenter that raised percent over a five-year period. prudent level. this prospect is incorrect in stating that Therefore, the Board has set the Although closure has no isolated the Board already treated the five asset normal operating level at 1.39 percent to impact on total distributions credit management estates as one entity for account for: unions will eventually receive, future purposes of the NGN re-securitizations. • A 13-basis-point decline in the distribution amounts could change On the contrary, consistent with the equity ratio due to the impact of the based on other factors, including but not authority cited above, the Board initially three primary drivers of the Insurance limited to (a) greater than or less than accounted for and continues to account Fund’s performance; expected losses to the Insurance Fund; for each asset management estate on an • A 4-basis-point decline in the value (b) worse-than or better-than-expected individual basis throughout the NGN of the Insurance Fund’s claims on the Legacy Asset performance (which, along transactions. This includes tracking the corporate credit union asset with legal recoveries, are the principal ongoing performance of each security management estates; and source for reimbursing Stabilization that each asset management estate • A 2-basis-point decline in the Fund claims against the asset contributed. It also includes, for any equity ratio expected to occur prior to management estates); (c) worse-than or guaranty obligations that accrue, when the remaining NGNs begin to better-than-expected investment returns; allocating the liability for mature in 2020 and remaining exposure (d) insured share growth that is lower or reimbursement to particular estates to the Legacy Assets can begin to be higher than expected; or (e) changes to based on the performance of the assets reduced. This helps ensure the 4 basis the Insurance Fund’s normal operating they contributed. points of additional equity to account level. Each of these factors, however, is In line with this allocation practice, for the potential decline in value of the independent of the Stabilization Fund’s the legal documents related to each claims on the asset management estates closure. transaction, including owner trust is maintained in the Insurance Fund Although one commenter argued the certificates that represent a claim to until Legacy Assets can be sold.24 NCUA should treat the corporate asset residual assets, reflect the separate Multiple commenters alleged it would management estates collectively for contributions of each asset management be illegal for the NCUA to increase the purposes of paying claims against the estate. Similarly, the Board, as Insurance Fund’s equity ratio above 1.30 estates under 12 CFR 709.5(b), liquidating agent, has allocated amounts percent as a result of equity now held governing priority of claims, this from legal recoveries to individual asset in the Stabilization Fund. This approach would not be consistent with management estates based on their argument leads to potentially two the applicable statutory and regulatory ownership of securities to which the flawed conclusions: (1) The Board must provisions. Under the Act, the Board as recovery relates. This process is choose between closing the Stabilization liquidating agent must ‘‘pay all valid described in more detail on the NCUA’s Fund and increasing the normal obligations of [a liquidated credit union] in accordance with the prescriptions 21 12 U.S.C. 1787(b)(11). 24 The Board must consider retaining this equity and limitations of [the Act].’’ 20 With 22 12 CFR 709.5(b). now because, as the equity ratio declines, the Board 23 See Golden Pac. Bancorp. v. F.D.I.C., 375 F.3d would be unable to replenish the equity through respect to liquidation priorities, the Act 196, 201 (2d Cir. 2004) (‘‘It is undisputed that, as premium assessments as long as the equity ratio a receiver, the FDIC owes a fiduciary duty to the remains above 1.30 percent, per the Act. 12 U.S.C. 20 12 U.S.C. 1787(b)(2)(F). Bank’s creditors and to Bancorp.’’). 1782(c)(2)(B).

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operating level and it cannot do both; repay the U.S. Treasury in October have been subject to potential and (2) the Board can never close the 2016, and account for the Stabilization premiums, despite not existing at the Stabilization Fund if its closure would, Fund’s current cash position. As such, time of corporate credit union losses. for any period, result in an equity ratio there is a compelling argument that As such, there is no strong legal or that exceeds 1.30 percent. Once again, equity in the Stabilization Fund as of equitable basis to view Stabilization this argument rests on faulty legal and 2017 consists of asset management Fund equity, regardless of whether one factual assumptions. estate receivables, not assessments. considers it due to assessments or asset With respect to closing the For the same reasons, no additional management estate receivables, as Stabilization Fund, the Act requires the amounts the Insurance Fund will different from Insurance Fund equity. In Board to contemporaneously distribute continue to collect before the end of addition, the Insurance Fund Stabilization Fund assets to the 2017 and that could contribute to distributed funds to the Stabilization Insurance Fund. This distribution increasing the Insurance Fund’s equity Fund in 2011, 2012, and 2013, in requirement does not vary based on the ratio above 1.30 percent after 2017 (and amounts of $278.6 million, $88.1 effect it will have on the Insurance result in additional distributions) will million, and $95.3 million, respectively, Fund’s equity ratio. The Board thinks it be attributable to assessments. Although because the Act precluded Insurance unlikely a court would find it illegal for prior assessments make present-day Fund distributions to credit unions the Board to do what the Act receivables available as equity for given then-outstanding borrowings from unambiguously requires. Further, the distribution to the Insurance Fund when the U.S. Treasury. Efforts to distinguish Stabilization Fund assessments were the Stabilization Fund closes, whether the equity of the two funds on this basis legal at the time they were assessed, and the Board should raise the normal do not hold up. the Board sees no means by which they operating level in connection with the In response to commenters that urge would become illegal in 2017 as a result Fund’s closure is a policy a ‘‘full rebate’’ and those that believe of a mandatory distribution to the determination. There are no legal failure to return all Stabilization Fund Insurance Fund at the Stabilization provisions that preclude the proposed equity would be contrary to prior Fund’s closure. increase in the Insurance Fund’s normal promises from the Board, the Board With respect to the normal operating operating level. believes its plan to close the level, under the Act, the Board can The Board understands commenters’ Stabilization Fund in 2017 and provide designate the ratio at a level it deems concern that it is improper to improve distributions to credit unions out of the appropriate at any time, from a the Insurance Fund’s equity position Insurance Fund is consistent with minimum of 1.20 percent to a maximum using dollars from credit unions that information historically provided to of 1.50 percent. The Board’s discretion paid Stabilization Fund assessments in stakeholders. Until 2013, when the to designate the normal operating level the abstract, but believes it is factually projected assessment range became within that range is not limited (a) based unpersuasive. Under the Act, the group negative, the Board did not estimate that on the source of funds that could of credit unions required to pay a funds would be available to return to increase the equity ratio above 1.30 premium to the Insurance Fund or to credit unions. Primarily due to the percent or (b) by the NCUA’s assessment the Stabilization Fund is identical.25 impact of legal recoveries, the agency authority. While the Board cannot The basis for calculating the premiums started projecting negative assessments impose an Insurance Fund assessment is also the same for both the Insurance in 2013. once the equity ratio is at or above 1.30 Fund and the Stabilization Fund.26 Consistent with information routinely percent, the Board sees no reasonable Further, for the Board to use the published on the NCUA’s Web site and argument that the equity the Stabilization Fund, the Act requires that presentations given at Board meetings, Stabilization Fund would distribute to it must have had the authority to make the projected negative assessment range the Insurance Fund is from (or becomes) the same payment from the Insurance was disclosed as subject to change. At an Insurance Fund assessment at the Fund.27 Thus, the Insurance Fund’s no time has the projected negative Stabilization Fund’s closure. purposes and authorities completely assessment range included estimates Finally, these commenters’ argument envelope those related to the sufficient to repay all assessments or a rests on an incorrect factual assumption: Stabilization Fund. specified amount of former capital That equity presently in the Finally, as a practical matter, there holders’ claims. As the NCUA has Stabilization Fund is solely attributable were only 21 credit unions that were repeatedly stated, the Wescorp asset to Stabilization Fund assessments as chartered or that converted to federal management estate is not projected to opposed to cash collected from insurance since the Stabilization Fund ever be able to repay the Stabilization receivables from the asset management was created in 2009. Of these 21 credit Fund (or Insurance Fund after closure). estates. In fact, increases in the value of unions, 17 filed a call report in the Therefore, it is unlikely a ‘‘full rebate’’ the receivables from the asset second quarter of 2017. These credit of Stabilization Fund assessments will management estates (from legal unions represent only 0.13 percent of ever be possible, consistent with recoveries and improvements in the total insured shares in the second previous statements from the NCUA value of the Legacy Assets) have quarter of 2017. Further, since joining regarding the potential for some return contributed significantly to the the Insurance Fund, these credit unions of funds to credit unions. Stabilization Fund’s net position. The Therefore, the Board assumes that NCUA was unable to fully repay 25 See 12 U.S.C. 1782(c)(2) (‘‘Each insured credit commenters are using the term ‘‘full Stabilization Fund borrowings from the union shall . . . pay’’) and 12 U.S.C. 1790e(d) rebate’’ to refer to a rebate of the entire (special premiums are assessed to ‘‘each insured assessments that had been paid by credit union.’’). amount of equity currently in the insured credit unions, which were last 26 See 12 U.S.C. 1782 (‘‘in an amount stated as a Stabilization Fund, rather than a rebate charged in 2013. Since that time, the percentage of insured shares (which shall be the of all assessments ever paid into the Stabilization Fund has collected same for all insured credit unions))’’ and 12 U.S.C. Stabilization Fund. As noted in the July approximately $3 billion from the asset 1790e (‘‘percentage of insured shares, as 2017 Notice, the Board believes it is represented on the previous call report for each management estates, principally funded insured credit union. The percentage shall be prudent to retain some of the current from legal recoveries and asset sales. identical for each insured credit union.’’)). Stabilization Fund equity to account for These funds enabled the NCUA to fully 27 12 U.S.C. 1790e(b). the Insurance Fund’s existing and future

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risk exposures, which will ultimately Actual premium charges were 10.3 basis probable losses for the guarantee of benefit credit unions by eliminating or points in 2009 and 12.4 basis points in NGNs associated with re-securitization materially reducing the need for 2010 and totaled nearly $1.7 billion. As transactions.’’ However, the Board premiums during a moderate recession. some commenters noted, these believes commenters failed to consider Additionally, the information on the premiums had to be charged during the two factors. NCUA’s Web site and presented at open trough of the business cycle, when First, the Legacy Assets underlying meetings of the Board is consistent with many credit unions were already facing the NGNs are expected to experience the statutory requirement that any financial difficulties. Therefore, while losses, resulting in approximately $3.2 distribution of Stabilization Fund equity the NCUA was able to maintain the billion of estimated guarantee payments to credit unions would occur after the Insurance Fund’s equity ratio above 1.20 made by the NCUA. As stated in the Stabilization Fund is closed and to the percent during the Great Recession, it audit report and excerpted below, the extent the Insurance Fund’s equity ratio was only because of an act of Congress NCUA expects those payments related exceeded the normal operating level.28 (creation of the Stabilization Fund) and to Legacy Asset losses to be offset by Many of the commenters that opposed premiums paid by credit unions at a reimbursements and residuals after the any increase in the normal operating time when they could least afford the fact. level contended no increase could be expense. In another significant As of December 31, 2016 and 2015, there justified because a normal operating recession, stakeholders should not were no probable losses for the guarantee of level of 1.30 percent had been sufficient assume the NCUA could or should NGNs associated with the re-securitization to withstand the financial crisis. As prevail upon Congress to establish a transactions. Although the gross estimated outlined in the July 2017 Notice, the fund similar to the Stabilization Fund to guarantee payments were approximately $3.2 Stabilization Fund was created to accrue again accrue significant near-term losses billion and $3.3 billion, respectively, these losses from corporate credit union over time and avoid immediate payments are estimated to be offset by: failures and assess credit unions for assessments on insured credit unions. (i) Related reimbursements and interest such losses over time. This prevented For those commenters that cite the from the Legacy Assets of the NGN Trusts insured credit unions from bearing a Insurance Fund and Stabilization Fund received directly from contractual significant burden associated with the annual audits as support that there is no reimbursement rights pursuant to the governing documents of approximately $3.1 failure of five corporate credit unions justification for raising the normal billion and $3.1 billion as of December 31, within a short period. It did not shelter operating level, the Board would like to 2016 and 2015, respectively; and credit unions from being assessed for correct some misconceptions. (ii) indirectly by collections pursuant to the losses, nor did it eliminate the need Similar to how credit union officials NCUA’s right as liquidating agent from for Insurance Fund premiums to cover must make risk management decisions portions of the AMEs’ economic residual declines in the equity ratio from natural about the appropriate amount of capital interests in NGN Trusts of up to person credit union failures and insured to hold, the Board must make approximately $2.4 billion and $3.4 billion as share growth. management decisions regarding the of December 31, 2016 and 2015, respectively, At year-end 2008, the normal level of equity the Insurance Fund that are estimated to remain after all operating level was 1.30 percent. In should maintain. A stronger capital obligations of the NGN Trusts are satisfied. January 2009, prior to creation of the position better enables the Insurance However, as noted, the guarantee Stabilization Fund, credit unions were Fund to manage future uncertainties payments are estimated to be offset by instructed to impair the one percent such as increased losses, high insured- the reimbursements. The actual amount capital deposit by 69 basis points and share growth, and adverse economic of future reimbursements is not certain, record a premium expense of 30 basis cycles. While the amount of equity but based on projections that may vary points to restore the Insurance Fund’s recorded and the calculation of the (and have varied) over time, especially equity ratio to above the 1.20 percent equity ratio are audited by an in the case of an economic downturn. statutory minimum.29 However, because independent third party, the purpose of Second, the guarantee payment Congress took extraordinary and the audit is to ensure the Insurance discussion does not include potential unprecedented action that allowed the Fund’s financial statements are fluctuations in values related to Legacy NCUA to account for the corporate presented fairly, in all material respects, Assets that are no longer securitizing the credit union losses in the Stabilization in accordance with the standards NGNs. The un-securitized Legacy Asset Fund, the NCUA passed back credit promulgated by the Federal Accounting values are also based on projections that unions’ 69 basis point deposit Standards Advisory Board (FASAB). may vary over time, especially in the impairment.30 FASAB is designated by the American case of an economic downturn. During the Great Recession, the Institute of Certified Public Accountants The audited financial statements Insurance Fund’s equity ratio fell below as the source of generally accepted reflect the accounting and valuation of 1.20 percent even without the corporate accounting principles for federal assets and liabilities as of a certain date. credit union losses—that is, only for reporting entities. The statements do not account for natural person credit union losses— The independent auditor’s report of potential future economic downturns resulting in two Share Insurance Fund the Insurance Fund as of and for the that would negatively impact the values. premiums totaling 22.7 basis points. years ended December 31, 2016 and Therefore, the financial statements in no 2015 discusses the equity ratio as a way undermine the Board’s view that, 28 See NCUA’s Q4 2016 Costs and Assessments ‘‘significant financial performance as the insurer, it is prudent to ensure the Q&A (response to question 8), December 2016 measure in assessing the ongoing Insurance Fund’s equity is sufficient to Board Briefing NGN Legacy Asset Disposition Strategy (slides 24–29), NCUA’s Assessment Range operations of the NCUSIF.’’ The audit withstand a moderate recession with Update Video (approximately 8–9 minute mark), does not opine on whether the amount minimal or no premium assessments. and the September 2014 open meeting of the Board. of equity retained meets the Board’s The Board also believes some 29 See Letter to Credit Unions 09–CU–06 objectives for managing risk to the commenters are confusing the equity Corporate Stabilization Program—Conservatorship Insurance Fund. ratio and normal operating level with of U.S. Central FCU and Western Corporate FCU and NCUA Accounting Bulletin No. 09–2. With respect to the Stabilization the Insurance Fund’s Insurance and 30 See Letter to Credit Unions 09–CU–14 Fund, the Board notes that the latest Guarantee Program Liability by stating Corporate Stabilization Fund Implementation. audit report states, ‘‘there were no that raising the normal operating level is

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akin to a credit union over-reserving for premiums when their financial position percent may not be sufficient for the loan losses. The Insurance Fund’s is not as strong. Insurance Fund to withstand a severe equity ratio is a measure of equity In response to commenters that recession without assessing premiums (retained earnings and contributed question the accuracy of loss estimates to credit unions or developing a capital) the Fund holds in relation to the related to the Legacy Assets, the Board restoration plan, it does align with the amount of insured shares in federally notes that the range of estimated Board’s objective of not having to assess insured credit unions. It is a similar aggregate resolution costs is lower than premiums or develop a restoration plan concept to a credit union’s net worth original estimates due to a number of during a moderate recession. ratio, or a bank’s capital ratio. factors, including the following: Additionally, if the Insurance Fund’s • The Insurance Fund’s Insurance and Better than expected recovery in the equity ratio going into the Great housing market; Recession had been 1.39 percent instead Guarantee Program Liability is a • separate account. The Insurance and A sustained low interest rate of 1.30 percent, it may not have Guarantee Program Liability account is environment; and eliminated the need for premiums, but • Legal recoveries. could have resulted in credit unions reported in accordance with Statement Resolution costs have declined of Federal Financial Accounting paying nearly $1 billion less in significantly due to legal recoveries, premiums during the middle of the Standard No. 5. The Insurance Fund which were not and could not be records a contingent liability for financial crisis. The Board believes included in projections because they are managing the Insurance Fund to be probable losses relating to insured credit inherently inestimable. The potential for unions based on current economic and counter-cyclical by building up equity legal recoveries increased materially during prosperous times and allowing credit union-level data. The amount of when the NCUA initiated the Corporate this liability is adjusted based on the equity to draw down during adverse System Resolution Program, which gave economic conditions will enable credit changes in economic and credit union- the asset management estates the benefit level data. When economic conditions unions to use funds at that time to serve of the Act’s extender statute. The members when they are needed the and credit union financial trends extender statute preserved and deteriorate, this liability will increase to most. strengthened a substantial portion of The Board also agrees with those reflect the increase in potential failures. legal claims that otherwise may have commenters that stated the assets However, if the NCUA is able to resolve expired. In addition, the NCUA’s transferred from the Stabilization Fund problem credit unions without coordinated recovery efforts across the currently offset the liabilities assistance from the Insurance Fund, the five failed corporates and its ability to transferred. For all intents and liability is no longer needed. Because coordinate with other government- purposes, the net position of the the NCUA is unable to predict or related plaintiffs substantially increased Stabilization Fund is the difference quantify which credit unions may be recovery potential. between the book value of the assets and resolved without assistance, the The impact legal recoveries had on the book value of the liabilities—which Insurance Fund must establish a the estimated resolution costs is is currently near $2.0 billion. Even if the contingent liability for all potential significant. If legal recoveries are Stabilization Fund is not closed, the failures based on current data. excluded, over the seven years since the value of the assets would decline in a This account is similar to a credit NGNs were issued, the top of the moderate recession, while the value of union’s reserve for loan losses and is projected range of costs has improved the liabilities would remain the same or audited annually by an independent about 14 percent. The bottom of the increase, resulting in a decrease to the third party. Thus, maintenance of the projected range of costs has worsened net position under even a moderate contingency liability must comply with by close to 3.8 percent. In light of their recession. accounting standards. This is different complexity and after adjustment for Thus, once the Stabilization Fund is from maintenance of capital levels, exogenous factors like legal recoveries, closed, the Insurance Fund’s net which is a management decision. In the cost projections have proven position would decrease if the value of addition, the Board’s role as insurer is relatively accurate over a seven-year the transferred assets decreased. fundamentally different from that of a period. The legal recoveries allowed for Therefore, the Board believes it is financial institution. full repayment of the U.S. Treasury prudent to reserve $400 million (or Further, to those commenters that cite borrowing. Without the legal recoveries, approximately 4 basis points) of the the strength of the credit union system the NCUA would not have been able to existing $2.0 billion of the Stabilization and recent regulatory changes as reason fully repay the U.S. Treasury until 2021. Fund’s equity to cover a potential to retain 1.30 percent as the normal Also, based on current estimates, decrease in the Insurance Fund’s net operating level, the Board agrees that without the legal recoveries there would position under a moderate recession. the financial position of the credit union be no surplus to fund a distribution. A significant number of commenters industry is strong. Additionally, the The Board agrees with the commenter attributed downward trends in the Board recognizes that supervisory that pointed out that even a normal Insurance Fund’s equity ratio to the cost requirements for large credit unions and operating level of 1.39 percent would of the NCUA’s operations, recent restrictions for corporate credit unions not have been sufficient to weather the increases in the NCUA’s operating help to reduce risk within the industry. Great Recession and absorb the losses budget, and excessive Insurance Fund However, the Board believes the risk from the failed corporate credit unions loss reserves. Operating expenses are profile of the credit union system without assessing premiums. This fact not one of the three primary factors continues to evolve with existing or only supports an increase. Determining affecting the Insurance Fund’s equity known risks being replaced by new and the appropriate amount of capital to ratio—insured share growth, interest emerging risks. From a risk management hold in the Insurance Fund is a risk income on the fund’s investment perspective, the Board believes it is management decision where the Board portfolio, and insurance losses. prudent to consider both current and balances the need to maintain sufficient Operating expenses charged to the future risks and hold equity sufficient to equity with the desire to keep money at Insurance Fund have a significantly mitigate the negative impact on credit work in the credit union community. lower potential for altering the trend in unions—such as having to pay While a normal operating level of 1.39 the equity ratio. Without sacrificing the

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agency’s mission, the NCUA has limited held in October 2017 and looks forward Insurance Fund equity. These ability to make operating expense to receiving stakeholder input. circumstances could significantly erode reductions that would have a material The Board disagrees with commenters public confidence in federal share impact on the equity ratio. that state the Insurance Fund’s insurance. Given the Insurance Fund’s current performance horizon should be two Some commenters supported a size, a $100 million change in the years instead of five. As outlined in the temporary increase to 1.34 percent to numerator of the ratio (made up of July 2017 Notice and discussed at the cover exposure to Legacy Assets, while retained earnings and contributed July 2017 Board meeting, a five-year others suggested an increase to 1.35 capital) will change the equity ratio by horizon for modeling the Insurance percent. The Board notes that both of approximately one basis point. This Fund was selected for a number of these suggestions ignore that exposures means that if the NCUA’s operating reasons. One compelling reason is that to the Insurance Fund must be expenses charged to the fund decreased the National Bureau of Economic considered in total. by $100 million, the equity ratio would Research—the not-for-profit research Because a moderate recession would increase by one basis point. For context, organization that establishes the affect both the traditional primary the NCUA’s entire 2017 budget is $298.2 beginning and end of U.S. business drivers of the Insurance Fund (yield on million, of which approximately $200 cycles—has calculated that the United investments, insurance losses, and million is projected to be charged to the States has averaged 69 months from the insured share growth) and the value of Insurance Fund. The Board would need peak of one business cycle to the next. the Legacy Assets, the Board must to cut operating expenses charged to the The Board elected to use a five-year account for both of these exposures. Insurance Fund by 50 percent to offset horizon because it covers most of the Therefore, it would be inconsistent to a one basis point annual reduction in business cycle, aligns with the only account for the potential decline in the equity ratio, all other things being remaining life of the NGN Program, and value of the Legacy Assets under a equal. While the Board strives to is consistent with the agency’s strategic moderate recession, and not the minimize all costs related to agency plan time horizon. traditional exposures to the Insurance operations, indiscriminately reducing Though a recession may end, the Fund, by setting the normal operating the operating budget for the purpose of economy may remain very weak during level at 1.34 percent. Conversely, setting preserving Insurance Fund equity the recovery period. A struggling the normal operating level at 1.35 would be ill-advised and economy also poses risks to credit percent would only account for the counterproductive. The bulk of NCUA’s unions, and a thorough analysis of the traditional exposures of the Insurance budget, in fact, goes to supporting one Insurance Fund’s equity position needs Fund. However, if the Stabilization of the most important aspects of the to account for the period of continued Fund were closed, the Insurance Fund agency’s mission: Reducing the economic weakness, which more would be exposed to additional risk likelihood of catastrophic Insurance realistically reflects a recession’s effects from the potential decline in the value Fund losses. on the credit union industry. of the Legacy Assets.31 Increasing the normal operating level The Board agrees with commenters Many commenters urged the Board to is an action separate and distinct from that noted the agency has various set a defined schedule or express approving the agency’s operating budget options available to manage the specific intent to move the normal and overhead transfer rate. The Board Insurance Fund. The Board continues to operating level back to 1.30 percent as carefully balances the need to manage believe the most desirable option is to exposure to Legacy Assets decreases. As the agency’s expenses with the need to maintain a counter-cyclical posture for outlined in the July 2017 Notice, the ensure a safe-and-sound credit union the Insurance Fund, which reduces the Board acknowledges that additional risk system. During the last NCUA budget likelihood of burdening insured credit exposure from the Legacy Assets will briefing on October 27, 2016, staff unions with premium expenses during only be present until the end of the an economic downturn. Requiring credit outlined various initiatives to increase NGN Program, assuming expedient unions to pay premiums in the midst of efficiency and operational Legacy Asset sales thereafter. Therefore, a financial crisis is generally improvements. The most significant is once the Insurance Fund’s exposure to undesirable because many credit unions the adoption of the recommendations of this risk expires, additional equity for are facing earnings and other the NCUA’s Examination Flexibility the Legacy Assets will no longer be operational issues, and extraordinary Initiative working group as part of the necessary.32 As outlined in the July premium expenses could increase agency’s 2017 and 2018 budgets. Among 2017 Notice, the Board believes the other things, this initiative will extend failure rates. It is during the bottom of NCUA should periodically review the the examination cycle for eligible credit an economic cycle that it is most equity needs of the Insurance Fund and unions—those that have less than $1 important to keep funds at work in the provide this analysis to stakeholders. billion in assets and are considered credit union system so they can Thus, the Board intends for the normal well-run and well-capitalized—resulting continue to serve their members. operating level to be re-assessed in a reduction of 47 full-time equivalent As outlined in the July 2017 Notice, the Board believes its authority to periodically. positions by the end of 2018. However, the Board believes it would Additionally, at the Board’s July 20, establish a Fund restoration plan in lieu be imprudent to arbitrarily set a future 2017 closed meeting, it approved a long- of mandatory premiums should only be normal operating level based on current range agency restructuring plan to used for severe, unexpected data. Instead, it is reasonable for a future enhance efficiency, responsiveness, and circumstances. While the Board can cost-effectiveness. Under the plan, the develop a restoration plan to restore the 31 During a recession, the value of the Legacy NCUA will consolidate the agency’s five Insurance Fund’s equity ratio to 1.20 Assets is expected to decline, while the liabilities regional offices into three, eliminate percent within eight years (or longer in associated with these assets would remain the same four of the agency’s five leased spaces, extraordinary circumstances), this could or potentially increase. This would reduce the net eliminate offices, and reduce the necessitate one or more relatively large position of the Insurance Fund and the equity ratio. 32 If the Stabilization Fund is not closed, and the workforce through attrition. The Board premiums. It could also extend over Board adopted this methodology for setting the has recently announced the process for multiple business cycles, resulting in a normal operating level, staff would recommend the another public budget briefing to be further extended effort to rebuild Board set the normal operating level at 1.33 percent.

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Board to set the normal operating level Thus, this commenter’s suggestion with as much information as possible to meet the objectives outlined in the provides no guarantee that a certain without disclosing confidential Board’s policy for setting the normal amount of equity can be returned in supervisory information. This applies operating level based on contemporary 2021. Finally, even if circumstances in not only to the Stabilization Fund’s data. Further, while the normal 2021 are such that a distribution could operations, but also to how the operating level has historically been be triggered, the Board thinks a corporate credit union asset 1.30 percent, it would be arbitrary to reduction in the normal operating level management estates are administered. retain that number as the current or at that time for the sole purpose of Because of the complexity and extent of future normal operating level just triggering a defined distribution amount information regarding the Legacy because that is the number it has always would be an unwise policy choice. The Assets, NGNs, and asset management been. Instead, the Board has elected to Board believes the prudent approach at estates, the NCUA has developed Web set the normal operating level by that time would be to consider where pages on its public Web site dedicated considering recent history and using a the normal operating level should be to the corporate resolution and NGNs. documented, consistent methodology to designated based on all relevant and The agency transparently described the enhance transparency of the process. contemporary data. equity ratio calculations, normal operating level, and Corporate System One commenter supported a C. Additional Comments temporary increase of the Insurance Resolution Program status in staff’s Fund’s equity ratio to 1.30 percent but In response to those commenters that presentations to the NCUA Board at its only for so long as Legacy Asset requested additional time to review and November 2016, December 2016, and respond to the July 2017 Notice, the exposure remained. This commenter July 2017 open meetings, in the request Board acknowledges the comment stated that all equity related to the for comment published in the Federal period was less than the customary 60 Stabilization Fund should be distributed Register in July 2017, during a webinar days (the actual comment period was 48 once Legacy Asset exposure subsided, the NCUA hosted on this subject in days). The comment period was including funds needed to increase the August 2017, and in all the related accelerated to provide the Board enough Insurance Fund’s equity ratio to 1.30 materials that are posted on the NCUA’s time to consider comments and make a 35 percent. Thus, this commenter implied Web site. final determination of closing the the Board should decrease the normal Subsequent to the July 2017 Notice, Stabilization Fund by year-end 2017, to operating level below 1.30 percent to the NCUA enhanced its reporting to make it possible for a distribution to show the transactions and projections meet the equity ratio at the time of the insured credit unions in 2018.34 The Stabilization Fund’s closure to permit related to each corporate credit union Board made substantial efforts to ensure asset management estate. The distribution of all equity received from stakeholders were provided with the Stabilization Fund. information on legal recoveries also sufficient support and data regarding receives regular updates, including In the Board’s understanding, the NCUA’s proposal to close the information on how legal recoveries are following the position of this Stabilization Fund and set the normal allocated to each asset management commenter would require the Board to operating level at 1.39 percent. Further, estate. commit to reducing the normal some credit unions and trade The Board continually seeks ways to operating level in 2021 to equal the organizations have been requesting the ensure the information presented is Insurance Fund’s sub-1.30 percent NCUA consider closing the Stabilization clear, comprehensive, and useful. If equity ratio as of October 1, 2017, the Fund for at least a year. The Board stakeholders have questions or date of the Stabilization Fund’s closing. noted on multiple occasions since the suggestions regarding the information This would, at the end of 2021, trigger beginning of 2017 that NCUA staff were available, the Board invites them to a distribution of whatever amounts, if researching the process and timing for contact the NCUA at ngnquestions@ any, remained in the Insurance Fund prudently closing the Stabilization ncua.gov. above the newly lowered normal Fund. Thus, the proposal was not Some commenters expressed a operating level. While the Board has the unexpected. preference that the Board consider an legal authority to make such a If the Board puts off the proposal increase to the Insurance Fund’s normal commitment, it could not bind future further, equity will continue to build in operating level in a proposal completely Boards to follow it. Further, this the Stabilization Fund. Thus, the Board separate from any related to closing the approach would only result in a agrees with most commenters that see Stabilization Fund. Because closing the distribution of equity to the extent no reason to delay the proposal until a Stabilization Fund increases the risk to insurance losses or other impacts on the future date. As long as the NCUA the Insurance Fund, evaluating the Insurance Fund had not lowered the maintains sufficient equity in the normal operating level is a necessary equity ratio below what it was at the Insurance Fund to cover the remaining component of the decision to close the Stabilization Fund’s closure. obligations from the Corporate System Stabilization Fund. Proposing both While the Board could reduce the Resolution Program on top of its actions together in a fully transparent normal operating level to as low as 1.20 ongoing obligations, closing the manner gave credit unions the percent to orchestrate a distribution, it Stabilization Fund now makes sense. opportunity to review and comment on could not, due to statutory constraints, The Board acknowledges the the entire scope of the NCUA’s plan lower the normal operating level below commenters’ emphasis on transparency related to closing the Stabilization 1.20 percent to accommodate a certain and agrees that the agency has a Fund. distribution amount that might relate responsibility to provide stakeholders Contrary to what some comments back to Stabilization Fund equity.33 seem to imply, the Board is not aware premium or restoration plan in accordance with the of any credit unions that would fail 33 Additionally, projections show the equity ratio Act. 12 U.S.C. 1782(c)(2). based simply on not receiving an will decline based on current trends. If the Board 34 In accordance with the Act, the Insurance Fund set the normal operating level at 1.20 percent and shall effect a pro rata distribution to insured credit Insurance Fund distribution next year. the equity ratio fell to 1.20 percent because of a unions after each calendar year if, as of the end of distribution, the equity ratio would immediately be that calendar year, the equity ratio exceeds the 35 See https://www.ncua.gov/regulation- projected to fall below 1.20 percent, triggering a normal operating level. 12 U.S.C. 1782(c)(3). supervision/Pages/stabilization-fund-closure.aspx.

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When Stabilization Fund assessments credit unions are due principally to public announcement of the proposed were collected, they were accounted for legal recoveries that enabled the asset adjustment and opportunity for as expenses to credit unions and income management estates to repay some of comment. In soliciting comment, the to the Stabilization Fund. As the the losses the Stabilization Fund NCUA will issue a public report, performance of the Legacy Assets incurred. including data supporting the proposal. improved and the NCUA collected legal The Board appreciates commenters When setting the normal operating recoveries, the projected assessment that considered how closing the level, the Board will seek to satisfy the range became negative for the first time Stabilization Fund might affect the following objectives: in 2013, indicating projected assessment NCUA’s contingency funding. The • Retain public confidence in federal rebates and recoveries of depleted Board reminds stakeholders that Public share insurance; corporate capital. At no time did the Law 111–22, Helping Families Save • Prevent impairment of the one NCUA guarantee that assessment rebates Their Homes Act of 2009, increased the percent contributed capital deposit; and would be made.36 NCUA’s borrowing authority with the • Ensure the Insurance Fund can Rather, the Board noted that the U.S. Treasury to $6 billion. This withstand a moderate recession without assessment rebates were projections and borrowing authority is shared by both the equity ratio declining below 1.20 subject to change. Therefore, credit the Stabilization Fund and the percent over a five-year period. unions should not have been relying on Insurance Fund. With closure of the By the National Credit Union a possible refund for managing their Stabilization Fund, the Insurance Fund Administration Board on September 28, 37 financial condition. will retain the $6 billion borrowing 2017. A few commenters stated the authority. The Central Liquidity Gerard S. Poliquin, ‘‘proposed method for closing the Facility’s contingency funding ability is Secretary of the Board. [Stabilization Fund] does nothing to not altered by closure of the [FR Doc. 2017–21305 Filed 10–3–17; 8:45 am] address the excessive $1B charged since Stabilization Fund. its creation to the [Asset Management The Board will address comments on BILLING CODE 7535–01–P Estates] by the NCUA.’’ It is unclear its separate proposal to amend the what expenses these commenters are Insurance Fund distribution method in referring to. The losses related to the 12 CFR 741.4 in a separate action. EXECUTIVE OFFICE OF THE corporate credit unions are described on PRESIDENT the NCUA’s Web site. They include, IV. Final Action among others, losses on investment After considering the comments Office of National Drug Control Policy securities (Legacy Assets), as well as received, the Board approves the Notification of a Public Meeting of the costs of funding other pre-liquidation following: President’s Commission on Combating obligations the corporate credit unions 1. Closing the Stabilization Fund in had incurred. Every effort was made to 2017 and distributing its funds, Drug Addiction and the Opioid Crisis keep the costs of resolving the failed property, and other assets and liabilities (Commission) corporate credit unions as low as to the Insurance Fund on October 1, AGENCY: Office of National Drug Control possible.38 However, the resolution of 2017.39 Policy (ONDCP). the corporate credit unions was 2. Setting the normal operating level ACTION: Notice of meeting. necessary and allowed the NCUA and of the Insurance Fund to 1.39 percent, credit union community to contain the effective September 28, 2017.40 SUMMARY: ONDCP announces the fourth financial and operational impact of the 3. Adopting the policy for setting the meeting of the President’s Commission crisis. In addition, without being normal operating level, as outlined on Combating Drug Addiction and the conserved and liquidated, the corporate below. Opioid Crisis to advance the credit unions (1) would have been Policy for Setting the Normal Operating Commission’s work on drug issues and unable to extend operations for the time Level the opioid crisis per Executive Order required to realize uncertain legal 13784. The meeting will consist of Periodically, the NCUA will review recoveries; and (2) would have been discussion regarding insurance issues the equity needs of the Insurance Fund unable to recover the material amounts related to the opioid epidemic. the Board was able to recover without and provide this analysis to stakeholders. Board action is only DATES: The Commission meeting will be the benefit of the Act’s extender statute. held on Friday October 20, 2017 from Funds now available for distribution to necessary when this review suggests that a change in the normal operating 11:00 a.m. until approximately 1:00 p.m. (Eastern time). 36 The agency is under no legal obligation to level is warranted. Any change to the distribute any funds to insured credit unions other normal operating level of more than 1 ADDRESSES: The meeting will be held at than amounts above where the NCUA Board sets basis point shall be made only after a the Eisenhower Executive Office the normal operating level. In accordance with the Building, Room 350, in the Executive Act, the Board can only set the normal operating level as high as 1.50 percent. 12 U.S.C. 1782(h)(4). 39 As noted in the July 2017 Notice, the Office of the President in Washington, 37 Credit unions must be able to operate under a Stabilization Fund will be audited as of September DC. It will be open to the public through business model that provides for positive earnings 30, 2017. The financial statements of the Insurance livestreaming on https:// Fund will continue to be presented under standards and the accumulation of net worth irrespective of www.whitehouse.gov/live. potential one-time increases in income. By their promulgated by the Federal Accounting Standards nature, one-time payouts such as a distribution Advisory Board and audited each calendar year. FOR FURTHER INFORMATION CONTACT: from the Insurance Fund, are unpredictable and The post-closure financial statements and note General information concerning the non-recurring. Therefore, credit unions must be disclosures for the Insurance Fund will continue to able to operate in a safe and sound manner through provide the same level of detail about the Commission and its meetings can be normal, routine operations. receivables from the corporate asset management found on ONDCP’s Web site at https:// 38 NCUA has provided details of the liquidation estates and related fiduciary activities. www.whitehouse.gov/ondcp/presidents- expenses and costs associated with each asset 40 As explained in the July 2017 Notice, an equity commission. Any member of the public management estate on its Web site. See NCUA’s Q4 ratio of 1.39 percent will allow the Insurance Fund who wishes to obtain information about 2016 Costs and Assessments Q&A (response to to withstand a moderate recession without the question 15) and the Stabilization Fund’s financial equity ratio falling below 1.20 percent over a five- the Commission or its meetings that is statements for additional information. year period. not already on ONDCP’s Web site or

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who wishes to submit written comments Dated: September 29, 2017. email to [email protected]. The for the Commission’s consideration may Michael Passante, ADAMS accession number for each contact Michael Passante, Designated Deputy General Counsel, Designated Federal document referenced (if it is available in Federal Officer (DFO) via email at Officer. ADAMS) is provided the first time that [email protected] or [FR Doc. 2017–21360 Filed 10–3–17; 8:45 am] it is mentioned in this document. • telephone at (202) 395–6709. Please BILLING CODE 3280–F5–P NRC’s PDR: You may examine and note that ONDCP may post such written purchase copies of public documents at comments publicly on our Web site, the NRC’s PDR, Room O1–F21, One including names and contact NUCLEAR REGULATORY White Flint North, 11555 Rockville information that are submitted. There COMMISSION Pike, Rockville, Maryland 20852. will not be oral comments from the FOR FURTHER INFORMATION CONTACT: public at the meeting. Requests to [NRC–2017–0199] Lisamarie L. Jarriel, Office of accommodate disabilities with respect Enforcement, U.S. Nuclear Regulatory to livestreaming or otherwise should Availability of Revised NRC Form 3, ‘‘Notice to Employees’’ Commission, Washington, DC 20555– also be sent to that email address, 0001; telephone: 301–287–9006, email: preferably at least 10 days prior to the AGENCY: Nuclear Regulatory [email protected]. meeting to allow time for processing. Commission. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: The ACTION: Generic communications; Commission was established in issuance. Background accordance with E.O. 13784 of March The purpose of this notice is to inform 29, 2017, the Commission’s charter, and SUMMARY: The U.S. Nuclear Regulatory all licensees that NRC Form 3, ‘‘Notice the provisions of the Federal Advisory Commission (NRC) is announcing the to Employees,’’ has been revised. The Committee Act (FACA), as amended, 5 availability of the latest version of NRC NRC Form 3 describes certain U.S.C. App. 2, to obtain advice and Form 3, ‘‘Notice to Employees.’’ The responsibilities and rights of employers recommendations for the President NRC Form 3 describes certain and employees who engage in NRC- regarding drug issues. The Executive responsibilities and rights of employers regulated activities, including how Order, charter, and information on the and employees who engage in NRC- employees can report violations or other Members of the Commission are regulated activities. Licensees are safety concerns directly to the NRC. available on ONDCP’s Web site. The required by law to post the form at Section 19.11(e)(1) of title 10 of the Commission will function solely as an prominent locations at the workplace to Code of Federal Regulations (10 CFR), advisory body and will make permit workers to view it easily. states that licensees shall prominently recommendations regarding policies Additionally, the NRC is announcing post the most recent version of NRC and practices for combating drug that future revisions of Form 3 will be Form 3, ‘‘Notice to Employees’’ within addiction with particular focus on the publicized through an alternative 30 days of receiving the revised NRC current opioid crisis in the United electronic means in addition to the Form 3 from the Commission. States. The date of the Commission’s Federal Register. In a 1997 rulemaking, 10 CFR 19.11 final report has been extended until DATES: The revised form is available as was amended to incorporate a reference November 1, 2017. Per E.O. 13784, the of October 4, 2017. to the latest version of NRC Form 3. Commission shall: ADDRESSES: This eliminated the need to revise the a. Identify and describe the existing Please refer to Docket ID CFR whenever NRC Form 3 is changed, Federal funding used to combat drug NRC–2017–0199 when contacting the addiction and the opioid crisis; NRC about the availability of which had been the previous practice. b. assess the availability and information regarding this document. The final rule published on September accessibility of drug addiction treatment You may obtain publicly-available 15, 1997 (62 FR 48165) indicated that services and overdose reversal information related to this document the NRC would inform licensee of future throughout the country and identify using any of the following methods: changes to NRC Form 3 by an • areas that are underserved; Federal Rulemaking Web site: Go to administrative letter and, in addition, c. identify and report on best practices http://www.regulations.gov and search the availability of any new versions for addiction prevention, including for Docket ID NRC–2017–0199. Address would be noticed in the Federal healthcare provider education and questions about NRC dockets to Carol Register. Administrative letters were a evaluation of prescription practices, Gallagher; telephone: 301–415–3463; type of generic communication issued to collaboration between State and Federal email: [email protected]. For inform addressees of specific regulatory officials, and the use and effectiveness technical questions, contact the or administrative information but were of State prescription drug monitoring individual listed in the FOR FURTHER discontinued in September 1999. As programs; INFORMATION CONTACT section of this such, in lieu of an administrative letter, d. review the literature evaluating the document. this revision and future revisions will be effectiveness of educational messages • NRC’s Agencywide Documents publicized through an alternative for youth and adults with respect to Access and Management System electronic means (i.e. Web site notice, prescription and illicit opioids; (ADAMS): You may obtain publicly- social networking service, etc.) to alert e. identify and evaluate existing available documents online in the all licensees of the new revisions, as Federal programs to prevent and treat ADAMS Public Documents collection at well as in the Federal Register. drug addiction for their scope and http://www.nrc.gov/reading-rm/ A new version of NRC Form 3 was effectiveness, and make adams.html. To begin the search, select issued in August 2017, to make a recommendations for improving these ‘‘ADAMS Public Documents’’ and then correction to the map of the NRC programs; and; select ‘‘Begin Web-based ADAMS Regions and clarify operation of the f. make recommendations to the Search.’’ For problems with ADAMS, Headquarters Operations Center. To President for improving the Federal please contact the NRC’s Public view the current version of NRC Form response to drug addiction and the Document Room (PDR) reference staff at 3 (8/2017), please go to https:// opioid crisis. 1–800–397–4209, 301–415–4737, or by www.nrc.gov/reading-rm/doc-

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collections/forms/nrc3.pdf. A Spanish for Docket ID NRC–2010–0375. Address included natural gas combined-cycle language version of the form (NRC Form questions about NRC dockets to Carol (NGCC); supercritical pulverized coal; 3A) can also be found at https:// Gallagher; telephone: 301–415–3463; combination of wind, solar, and NGCC; www.nrc.gov/reading-rm/doc- email: [email protected]. For and the no action alternative. The FSEIS collections/forms/nrc3a.pdf . Additional technical questions, contact the documents the environmental review, copies of NRC Form 3 may be obtained individual listed in the FOR FURTHER including the determination that the by writing to the Regional Administrator INFORMATION CONTACT section of this adverse environmental impacts of of the appropriate U.S. Nuclear document. license renewal for STP are not so great • Regulatory Commission Regional Office, NRC’s Agencywide Documents that preserving the option of license or via email to FORMS.Resource@ Access and Management System renewal for energy planning nrc.gov. A list of current NRC (ADAMS): You may obtain publicly- decisionmakers would be unreasonable. Headquarters and Regional offices is available documents online in the available on NRC’s public Web site, ADAMS Public Documents collection at South Texas Project, Units 1 and 2, http://www.nrc.gov/about-nrc/ http://www.nrc.gov/reading-rm/ are pressurized water reactors located in locations.html. adams.html. To begin the search, select Bay City, TX (90 miles SW of Houston, TX). The application for the renewed Dated at Rockville, Maryland, this 28th day ‘‘ADAMS Public Documents’’ and then of September 2017. select ‘‘Begin Web-based ADAMS licenses, ‘‘License Renewal Application, South Texas Project, Unit 1 and Unit 2, For the Nuclear Regulatory Commission. Search.’’ For problems with ADAMS, Facility Operating License Nos. NPF–76 Patricia K. Holahan, please contact the NRC’s Public Document Room (PDR) reference staff at and NPF–80,’’ dated October 25, 2010 Director, Office of Enforcement. 1–800–397–4209, 301–415–4737, or by (ADAMS Package Accession No. [FR Doc. 2017–21349 Filed 10–3–17; 8:45 am] email to [email protected]. The ML103010256), as supplemented by BILLING CODE 7590–01–P ADAMS accession number for each letters dated through May 2, 2017, document referenced (if it is available in complies with the standards and ADAMS) is provided the first time that NUCLEAR REGULATORY requirements of the Atomic Energy Act it is mentioned in this document. COMMISSION of 1954, as amended (the Act), and the • NRC’s PDR: You may examine and NRC’s regulations. As required by the [Docket Nos. 50–498 & 50–499; NRC–2010– purchase copies of public documents at Act and the NRC’s regulations in 0375] the NRC’s PDR, Room O1–F21, One Chapter 1 of title10 of the Code of White Flint North, 11555 Rockville Federal Regulations (10 CFR), the NRC STP Nuclear Operating Company; Pike, Rockville, Maryland 20852. South Texas Project, Units 1 and 2 has made appropriate findings, which FOR FURTHER INFORMATION CONTACT: Lois are set forth in the license. A public AGENCY: Nuclear Regulatory M. James, Office of Nuclear Reactor notice of the proposed issuance of the Commission. Regulation, U.S. Nuclear Regulatory renewed license and an opportunity for ACTION: License renewal and record of Commission, Washington, DC 20555; a hearing was published in the Federal decision; issuance. telephone: 301–415–3306; email: Register on January 13, 2011 (76 FR [email protected]. 2426). No adjudicatory matters are SUMMARY: The U.S. Nuclear Regulatory SUPPLEMENTARY INFORMATION: Notice is pending before the Commission or the Commission (NRC) has issued renewed hereby given that the NRC has issued Atomic Safety and Licensing Board Facility Operating License Nos. NPF–76 renewed Facility Operating License Nos. and NPF–80 to STP Nuclear Operating Panel regarding the STP license renewal NPF–76 and NPF–80 to STP Nuclear application. Company (licensee), the operator of the Operating Company (licensee), the South Texas Project (STP), Units 1 and operator of STP, Units 1 and 2. Renewed For further details with respect to this 2. Renewed Facility Operating License Facility Operating License Nos. NPF–76 action, see: (1) STP Nuclear Operating Nos. NPF–76 and NPF–80 authorize and NPF–80 authorize operation of STP Company license renewal application operation of STP by the licensee at by the licensee at reactor core power for STP dated October 25, 2010 reactor core power levels not in excess levels not in excess of 3,853 megawatts (ADAMS Package Accession No. of 3,853 megawatts thermal for each thermal for each unit, in accordance ML103010256), as supplemented by unit, in accordance with the provisions with the provisions of the STP renewed letters through May 2, 2017; (2) the of the STP renewed licenses and license and technical specifications. The NRC’s safety evaluation report technical specifications. In addition, the NRC’s ROD that supports the NRC’s published on June 8, 2017 (ADAMS NRC has prepared a record of decision decision to renew Facility Operating Package Accession No. ML17142A263); (ROD) that supports the NRC’s decision License Nos. NPF–76 and NPF–80 is (3) the NRC’s final environmental to renew Facility Operating License available in ADAMS under Accession impact statement (NUREG–1437, Nos. NPF–76 and NPF–80. No. ML17138A276 and was published Supplement 48) for STP published on DATES: The renewal of Facility in the Federal Register (FR) on November 30, 2013 (ADAMS Accession Operating License Nos. NPF–76 and September 25, 2017 (82 FR 44666). As No. ML13322A890); and (4) the NRC’s NPF–80 was issued on September 28, discussed in the ROD and the final ROD (ADAMS Accession No. 2017. supplemental environmental impact ML17138A276). ADDRESSES: Please refer to Docket ID statement (FSEIS) for STP, Supplement Dated at Rockville, Maryland, this 28th day NRC–2010–0375 when contacting the 48 to NUREG–1437, ‘‘Generic of September 2017. Environmental Impact Statement for NRC about the availability of For the Nuclear Regulatory Commission. information regarding this document. License Renewal of Nuclear Plants You may obtain publicly-available Regarding South Texas Project, Units 1 Joseph E. Donoghue, information related to this document and 2, Final Report’’ dated November Deputy Director, Division of License Renewal, using any of the following methods: 2013 (ADAMS Accession No. Office of Nuclear Reactor Regulation. • Federal Rulemaking Web site: Go to ML13322A890), the NRC has considered [FR Doc. 2017–21253 Filed 10–3–17; 8:45 am] http://www.regulations.gov and search a range of reasonable alternatives that BILLING CODE 7590–01–P

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NUCLEAR REGULATORY beginning of the meeting. Persons who Management System (ADAMS) which is COMMISSION cannot attend the meeting, but wish to accessible from the NRC Web site at submit written comments regarding the http://www.nrc.gov/reading-rm/ Advisory Committee on Reactor agenda items may do so by sending a adams.html or http://www.nrc.gov/ Safeguards; Procedures for Meetings readily reproducible copy addressed to reading-rm/doc-collections/ACRS/ the DFO specified in the Federal agenda/. Background Register notice, care of the Advisory (f) Video teleconferencing service may This notice describes procedures to be Committee on Reactor Safeguards, U.S. be available for observing open sessions followed with respect to meetings Nuclear Regulatory Commission, of ACRS meetings. Those wishing to use conducted by the U.S. Nuclear Washington, DC 20555–0001. this service for observing ACRS Regulatory Commission’s (NRC’s) Comments should be limited to items meetings should contact Mr. Theron Advisory Committee on Reactor being considered by the Committee. Brown, ACRS Audio Visual Specialist, Safeguards (ACRS) pursuant to the Comments should be in the possession telephone: 301–415–8066, between 7:30 Federal Advisory Committee Act of the DFO 5 days prior to the meeting a.m. and 3:45 p.m. Eastern Time at least (FACA). These procedures are set forth to allow time for reproduction and 10 days before the meeting to ensure the so that they may be incorporated by distribution. availability of this service. Individuals reference in future notices for (b) Persons desiring to make oral or organizations requesting this service individual meetings. statements at the meeting should make will be responsible for telephone line The ACRS is a statutory advisory a request to do so to the DFO; if charges and for providing the Committee established by Congress to possible, the request should be made 5 equipment and facilities that they use to review and report on nuclear safety days before the meeting, identifying the establish the video teleconferencing matters and applications for the topic(s) on which oral statements will link. The availability of video licensing of nuclear facilities. The be made and the amount of time needed teleconferencing services is not Committee’s reports become a part of for presentation so that orderly guaranteed. the public record. arrangements can be made. The The ACRS meetings are conducted in Committee will hear oral statements on ACRS Subcommittee Meetings accordance with FACA; they are topics being reviewed at an appropriate In accordance with the revised FACA, normally open to the public and provide time during the meeting as scheduled by the agency is no longer required to opportunities for oral or written the Chairman. apply the FACA requirements to statements from members of the public (c) Information regarding topics to be meetings conducted by the to be considered as part of the discussed, changes to the agenda, Subcommittees of the NRC Advisory Committee’s information gathering whether the meeting has been canceled Committees, if the Subcommittee’s process. ACRS reviews do not normally or rescheduled, and the time allotted to recommendations would be encompass matters pertaining to present oral statements can be obtained independently reviewed by its parent environmental impacts other than those by contacting the DFO. Committee. related to radiological safety. (d) The use of still, motion picture, The ACRS, however, chose to conduct The ACRS meetings are not and television cameras will be its Subcommittee meetings in adjudicatory hearings such as those permitted at the discretion of the accordance with the procedures noted conducted by the NRC’s Atomic Safety Chairman and subject to the condition above for ACRS Full Committee and Licensing Board Panel as part of the that the use of such equipment will not meetings, as appropriate, to facilitate Commission’s licensing process. interfere with the conduct of the public participation, and to provide a meeting. The DFO will have to be forum for stakeholders to express their General Rules Regarding ACRS Full notified prior to the meeting and will views on regulatory matters being Committee Meetings authorize the use of such equipment considered by the ACRS. When An agenda will be published in the after consultation with the Chairman. Subcommittee meetings are held at Federal Register for each full The use of such equipment will be locations other than at NRC facilities, Committee meeting. There may be a restricted as is necessary to protect reproduction facilities may not be need to make changes to the agenda to proprietary or privileged information available at a reasonable cost. facilitate the conduct of the meeting. that may be in documents, folders, etc., Accordingly, 50 copies of the materials The Chairman of the Committee is in the meeting room. Electronic to be used during the meeting should be empowered to conduct the meeting in a recordings will be permitted only provided for distribution at such manner that, in his/her judgment will during those portions of the meeting meetings. facilitate the orderly conduct of that are open to the public. business, including making provisions (e) A transcript will be kept for certain Special Provisions When Proprietary to continue the discussion of matters open portions of the meeting and will be Sessions Are To Be Held not completed on the scheduled day on available in the NRC Public Document If it is necessary to hold closed another day of the same meeting. Room (PDR), One White Flint North, sessions for the purpose of discussing Persons planning to attend the meeting Room O–1F21, 11555 Rockville Pike, matters involving proprietary may contact the Designated Federal Rockville, Maryland 20852–2738. A information, persons with agreements Officer (DFO) specified in the Federal copy of the certified minutes of the permitting access to such information Register notice prior to the meeting to meeting will be available at the same may attend those portions of the ACRS be advised of any changes to the agenda location three months following the meetings where this material is being that may have occurred. meeting. Copies may be obtained upon discussed upon confirmation that such The following requirements shall payment of appropriate reproduction agreements are effective and related to apply to public participation in ACRS charges. ACRS meeting agendas, the material being discussed. Full Committee meetings: transcripts, and letter reports are The DFO should be informed of such (a) Persons who plan to submit available at [email protected], or by calling an agreement at least five working days written comments at the meeting should the PDR at 1–800–397–4209, or from prior to the meeting so that it can be provide 35 copies to the DFO at the Agencywide Documents Access and confirmed, and a determination can be

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made regarding the applicability of the ACTION: Notice. I. Self-Regulatory Organization’s agreement to the material that will be Statement of the Terms of Substance of discussed during the meeting. The SUMMARY: The Postal Service gives the Proposed Rule Change minimum information provided should notice of filing a request with the Postal The Exchange proposes to amend the include information regarding the date Regulatory Commission to add a Schedule of Fees to make it clear that of the agreement, the scope of material domestic shipping services contract to the Nasdaq GEMX Trades Feed is a free included in the agreement, the project the list of Negotiated Service offering of the Exchange provided to or projects involved, and the names and Agreements in the Mail Classification subscribers of at least one of the fee titles of the persons signing the Schedule’s Competitive Products List. liable real-time market data products agreement. Additional information may offered on the Exchange. be requested to identify the specific DATES: Date of notice required under 39 U.S.C. 3642(d)(1): October 4, 2017. The text of the proposed rule change agreement involved. A copy of the is available on the Exchange’s Web site executed agreement should be provided FOR FURTHER INFORMATION CONTACT: at www.ise.com, at the principal office to the DFO prior to the beginning of the Elizabeth A. Reed, 202–268–3179. of the Exchange, and at the meeting for admittance to the closed Commission’s Public Reference Room. session. SUPPLEMENTARY INFORMATION: The United States Postal Service® hereby Dated at Rockville, Maryland, this 27th day II. Self-Regulatory Organization’s of September 2017. gives notice that, pursuant to 39 U.S.C. Statement of the Purpose of, and 3642 and 3632(b)(3), on September 29, For the Nuclear Regulatory Commission. Statutory Basis for, the Proposed Rule 2017, it filed with the Postal Regulatory Change Annette L. Vietti-Cook, Commission a Request of the United In its filing with the Commission, the Advisory Committee Management Officer. States Postal Service to Add Priority Exchange included statements [FR Doc. 2017–21326 Filed 10–3–17; 8:45 am] Mail & First-Class Package Service BILLING CODE 7590–01–P concerning the purpose of and basis for Contract 58 to Competitive Product List. the proposed rule change and discussed Documents are available at any comments it received on the www.prc.gov, Docket Nos. MC2017–214, proposed rule change. The text of these POSTAL SERVICE CP2017–322. statements may be examined at the Product Change—Priority Mail Elizabeth A. Reed, places specified in Item IV below. The Negotiated Service Agreement Attorney, Corporate and Postal Business Law. Exchange has prepared summaries, set forth in sections A, B, and C below, of [FR Doc. 2017–21336 Filed 10–3–17; 8:45 am] AGENCY: Postal ServiceTM. the most significant aspects of such ACTION: Notice. BILLING CODE 7710–12–P statements. SUMMARY: The Postal Service gives A. Self-Regulatory Organization’s notice of filing a request with the Postal Statement of the Purpose of, and Regulatory Commission to add a SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule domestic shipping services contract to COMMISSION Change the list of Negotiated Service 1. Purpose Agreements in the Mail Classification [Release No. 34–81756; File No. SR–GEMX– Schedule’s Competitive Products List. 2017–40] The purpose of the proposed rule DATES: Date of notice required under 39 change is to amend the Schedule of Fees U.S.C. 3642(d)(1): October 4, 2017. Self-Regulatory Organizations; Nasdaq to make it clear that the Nasdaq GEMX FOR FURTHER INFORMATION CONTACT: GEMX, LLC; Notice of Filing and Trades Feed (‘‘Trades Feed’’) is a free Elizabeth A. Reed, 202–268–3179. Immediate Effectiveness of Proposed offering of the Exchange provided to subscribers of at least one of the fee SUPPLEMENTARY INFORMATION: The Rule Change To Amend the Schedule liable real-time market data products United States Postal Service® hereby of Fees To Make It Clear That the offered on the Exchange. On April 27, gives notice that, pursuant to 39 U.S.C. Nasdaq GEMX Trades Feed Is a Free 2017 the Exchange filed a proposed rule 3642 and 3632(b)(3), on September 29, Offering of the Exchange change to establish ports that members 2017, it filed with the Postal Regulatory September 28, 2017. use to connect to the Exchange with the Commission a Request of the United migration of the Exchange’s trading States Postal Service to Add Priority Pursuant to Section 19(b)(1) of the system to the Nasdaq INET Mail Contract 365 to Competitive Securities Exchange Act of 1934 architecture.3 In that proposed rule Product List. Documents are available at (‘‘Act’’),1 and Rule 19b-4 thereunder,2 change, the Exchange also established www.prc.gov, Docket Nos. MC2017–213, notice is hereby given that on the Trades Feed, which is a market data CP2017–321. September 15, 2017, Nasdaq GEMX, offering that displays last trade LLC (‘‘GEMX’’ or ‘‘Exchange’’) filed information along with opening price, Elizabeth A. Reed, with the Securities and Exchange cumulative volume, high and low prices Attorney, Corporate and Postal Business Law. Commission (‘‘Commission’’) the for the day. The data provided for each [FR Doc. 2017–21335 Filed 10–3–17; 8:45 am] proposed rule change as described in instrument includes the symbols (series BILLING CODE 7710–12–P Items I, II, and III, below, which Items and underlying security), put or call have been prepared by the Exchange. indicator, expiration date, the strike The Commission is publishing this price of the series, and trading status. POSTAL SERVICE notice to solicit comments on the The Trades Feed is a free market data proposed rule change from interested Product Change—Priority Mail and product provided to subscribers of at First-Class Package Service persons. Negotiated Service Agreement 3 See Securities Exchange Act Release No. 80649 1 15 U.S.C. 78s(b)(1). (May 10, 2017), 82 FR 22595 (May 16, 2017) (SR– AGENCY: Postal ServiceTM. 2 17 CFR 240.19b–4. GEMX–2017–07).

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least one of the fee liable real-time B. Self-Regulatory Organization’s • Send an email to rule-comments@ market data products offered on the Statement on Burden on Competition sec.gov. Please include File Number SR– Exchange—i.e., the Nasdaq GEMX Real- In accordance with Section 6(b)(8) of GEMX–2017–40 on the subject line. time Depth of Market Raw Data Feed the Act,6 the Exchange does not believe Paper Comments (‘‘Depth Feed’’), the Nasdaq GEMX that the proposed rule change will Order Feed (‘‘Order Feed’’), and the impose any burden on intermarket or • Send paper comments in triplicate Nasdaq GEMX Top Quote Feed (‘‘Top intramarket competition that is not to Secretary, Securities and Exchange Quote Feed’’). To make it clear that the necessary or appropriate in furtherance Commission, 100 F Street NE., Trades Feed is a free offering of the of the purposes of the Act. As explained Washington, DC 20549–1090. Exchange, the Exchange now proposes above, the Exchange is adding the to add the Trades Feed to the Schedule Trades Feed to the Schedule of Fees at All submissions should refer to File of Fees at a price of $0 per month for a cost of $0 per month for subscribers Number SR–GEMX–2017–40. This file subscribers of the Depth Feed, Order of the Depth Feed, Order Feed, or Top number should be included on the Feed, or Top Quote Feed. Quote Feed to alert members to the subject line if email is used. To help the availability of this free market data Commission process and review your 2. Statutory Basis product. The Exchange does not believe comments more efficiently, please use only one method. The Commission will The Exchange believes that the that adding this free market data post all comments on the Commission’s proposed rule change is consistent with product to the Schedule of Fees will have any significant competitive impact. Internet Web site (http://www.sec.gov/ the provisions of Section 6 of the Act,4 All market participants can gain access rules/sro.shtml). Copies of the in general, and Section 6(b)(4) of the to the information contained in the submission, all subsequent Act,5 in particular, in that they are Trades Feed by subscribing to any of the amendments, all written statements designed to provide for the equitable fee liable real-time market data products with respect to the proposed rule allocation of reasonable dues, fees, and described above. change that are filed with the other charges among its members and Commission, and all written other persons using its facilities. In C. Self-Regulatory Organization’s communications relating to the particular, the Exchange believes that it Statement on Comments on the proposed rule change between the is reasonable, equitable, and not Proposed Rule Change Received From Commission and any person, other than unfairly discriminatory to add the Members, Participants, or Others those that may be withheld from the Trades Feed to the Schedule of Fees at No written comments were either public in accordance with the a cost of $0 per month for subscribers solicited or received. provisions of 5 U.S.C. 552, will be of the Depth Feed, Order Feed, or Top III. Date of Effectiveness of the available for Web site viewing and Quote Feed to alert members to the Proposed Rule Change and Timing for printing in the Commission’s Public availability of this free market data Commission Action Reference Room, 100 F Street NE., product. The Exchange notes that the Washington, DC 20549, on official Trades Feed is a current market data The foregoing rule change has become business days between the hours of offering that the Exchange is adding to effective pursuant to Section 7 10:00 a.m. and 3:00 p.m. Copies of the its Schedule of Fees at this time to 19(b)(3)(A)(ii) of the Act. At any time filing also will be available for increase transparency to members. within 60 days of the filing of the inspection and copying at the principal While the Exchange previously noted proposed rule change, the Commission office of the Exchange. All comments this free product in the proposed rule summarily may temporarily suspend such rule change if it appears to the received will be posted without change; change that established the Trades Feed, Commission that such action is: (i) the Commission does not edit personal the Exchange believes that adding it to Necessary or appropriate in the public identifying information from the Schedule of Fees will ensure that all interest; (ii) for the protection of submissions. You should submit only members are adequately apprised of its investors; or (iii) otherwise in information that you wish to make availability free of cost for subscribers of furtherance of the purposes of the Act. available publicly. All submissions the Depth Feed, Order Feed, or Top If the Commission takes such action, the should refer to File Number SR–GEMX– Quote Feed. The Exchange does not Commission shall institute proceedings 2017–40, and should be submitted on or believe that it is unfairly discriminatory to determine whether the proposed rule before October 25, 2017. to offer the Trades Feed only to should be approved or disapproved. subscribers of one of the fee liable For the Commission, by the Division of market data products described above IV. Solicitation of Comments Trading and Markets, pursuant to delegated 8 because those subscribers already have Interested persons are invited to authority. the appropriate connections to receive submit written data, views, and Eduardo A. Aleman, real-time market data, and the fees paid arguments concerning the foregoing, Assistant Secretary. for those other products can offset costs including whether the proposed rule [FR Doc. 2017–21281 Filed 10–3–17; 8:45 am] associated with offering the Trades change is consistent with the Act. BILLING CODE 8011–01–P Feed. Furthermore, the Exchange notes Comments may be submitted by any of that the Trades Feed is available to any the following methods: interest [sic] market participant by Electronic Comments paying the fees associated with one of • the fee liable real-time market data Use the Commission’s Internet products. comment form (http://www.sec.gov/ rules/sro.shtml); or

4 15 U.S.C. 78f. 6 15 U.S.C. 78f(b)(8). 5 15 U.S.C. 78f(b)(4). 7 15 U.S.C. 78s(b)(3)(A)(ii). 8 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE approve or disapprove or institute any comments it received on the COMMISSION proceedings to determine whether to proposed rule change. The text of these disapprove the proposed rule change statements may be examined at the [Release No. 34–81746; File No. SR– places specified in Item IV below. The NYSEArca–2017–69] (File Number SR–NYSEArca–2017–69). For the Commission, by the Division of Exchange has prepared summaries, set Self-Regulatory Organizations; NYSE Trading and Markets, pursuant to delegated forth in sections A, B, and C below, of Arca, Inc.; Notice of Designation of a authority.6 the most significant aspects of such Longer Period for Commission Action Eduardo A. Aleman, statements. on a Proposed Rule Change To List Assistant Secretary. A. Self-Regulatory Organization’s and Trade Shares of ProShares [FR Doc. 2017–21274 Filed 10–3–17; 8:45 am] Statement of the Purpose of, and QuadPro Funds Under Commentary BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule .02 to NYSE Arca Equities Rule 8.200 Change September 28, 2017. SECURITIES AND EXCHANGE 1. Purpose On July 31, 2017, NYSE Arca, Inc. COMMISSION The Exchange proposes to amend filed with the Securities and Exchange Rule 529, Order Routing to Other Commission (‘‘Commission’’), pursuant [Release No. 34–81753; File No. SR–MIAX– 2017–41] Exchanges, to provide additional to Section 19(b)(1) of the Securities information in the Route Notification 1 Exchange Act of 1934 (‘‘Act’’) and Rule Self-Regulatory Organizations; Miami broadcast as described in subsection 2 19b–4 thereunder, a proposed rule International Securities Exchange LLC; (b)(2)(i). Specifically, the Exchange change to list and trade shares of the Notice of Filing and Immediate proposes to include the expected price ProShares QuadPro U.S. Large Cap Effectiveness of a Proposed Rule to which the interest will be routed in Futures Long Fund, ProShares QuadPro Change To Amend MIAX Options Rule the Route Notification message U.S. Large Cap Futures Short Fund, 529, Order Routing to Other distributed via the Exchange’s data feed. ProShares QuadPro U.S. Small Cap Exchanges Additionally, the Exchange proposes to Futures Long Fund, and ProShares amend the rule text to improve its QuadPro U.S. Small Cap Futures Short September 28, 2017. clarity and precision. The Exchange also Fund under Commentary .02 to NYSE Pursuant to the provisions of Section proposes to adopt new Interpretations Arca Equities Rule 8.200. The proposed 19(b)(1) of the Securities Exchange Act and Policies .02 to clarify that, for rule change was published for comment of 1934 (‘‘Act’’) 1 and Rule 19b–4 purposes of Rule 529, the expected price in the Federal Register on August 18, thereunder,2 notice is hereby given that to which the interest will be routed is 2017.3 The Commission received no on September 20, 2017, Miami the ABBO 3 at the start of the Route comments on the proposed rule change. International Securities Exchange, LLC Timer. Section 19(b)(2) of the Act 4 provides (‘‘MIAX Options’’ or ‘‘Exchange’’) filed Under Exchange Rule 529 the that, within 45 days of the publication with the Securities and Exchange Exchange may automatically route of notice of the filing of a proposed rule Commission (‘‘Commission’’) a orders to other exchanges under certain change, or within such longer period up proposed rule change as described in circumstances. The Exchange will to 90 days as the Commission may Items I, II, and III below, which Items employ one of two Route Mechanisms, designate if it finds such longer period have been prepared by the Exchange. Immediate Routing or the Route Timer,4 to be appropriate and publishes its The Commission is publishing this when a Public Customer 5 order is reasons for so finding or as to which the notice to solicit comments on the received and/or reevaluated that is both self-regulatory organization consents, proposed rule change from interested routable and marketable against the the Commission shall either approve the persons. opposite side ABBO upon receipt and proposed rule change, disapprove the the Exchange’s disseminated market is I. Self-Regulatory Organization’s proposed rule change, or institute not equal to the opposite side ABBO, or Statement of the Terms of Substance of proceedings to determine whether the is equal to the opposite side ABBO and the Proposed Rule Change proposed rule change should be of insufficient size to satisfy the order.6 disapproved. The 45th day after The Exchange is filing a proposal to Under the Exchange’s proposal, all publication of the notice for this amend Exchange Rule 529, Order existing functionality of the Route proposed rule change is October 2, Routing to Other Exchanges. Timer will remain intact. Currently, 2017. The Commission is extending this The text of the proposed rule change Public Customer orders that are not 45-day time period. is available on the Exchange’s Web site eligible for Immediate Routing are The Commission finds that it is at http://www.miaxoptions.com/rule- subject to a Route Timer. The Route appropriate to designate a longer period filings, at MIAX’s principal office, and Timer, which will never exceed one within which to take action on the at the Commission’s Public Reference second, allows Market Makers 7 and proposed rule change so that it has Room. sufficient time to consider the proposed 3 The term ‘‘ABBO’’ or ‘‘Away Best Bid or Offer’’ II. Self-Regulatory Organization’s means the best bid(s) or offer(s) disseminated by rule change. Accordingly, the Statement of the Purpose of, and other Eligible Exchanges and calculated by the Commission, pursuant to Section Statutory Basis for, the Proposed Rule Exchange based on market information received by 19(b)(2) of the Act,5 designates Change the Exchange from OPRA. See Exchange Rule 100. November 16, 2017, as the date by 4 A Route Timer is a brief timer that operates as which the Commission shall either In its filing with the Commission, the a pause before marketable interest is routed to an Exchange included statements away exchange. See Exchange Rule 529(b)(2)(i). concerning the purpose of and basis for 5 The term ‘‘Public Customer’’ means a person 1 15 U.S.C. 78s(b)(1). that is not a broker or dealer in securities. See 2 17 CFR 240.19b–4. the proposed rule change and discussed Exchange Rule 100. 3 See Securities Exchange Act Release No. 81388 6 See Exchange Rule 529(b). (August 14, 2017), 82 FR 39477. 6 17 CFR 200.30–3(a)(31). 7 The term ‘‘Market Makers’’ refers to ‘‘Lead 4 15 U.S.C. 78s(b)(2). 1 15 U.S.C. 78s(b)(1). Market Makers’’, ‘‘Primary Lead Market Makers’’ 5 Id. 2 17 CFR 240.19b–4. Continued

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other market participants an If at any point during the Route Timer EDGX’’) Rule 21.18 provides for a Step opportunity to interact with the the initiating order and all joining Up Mechanism (‘‘SUM’’) which initiating order before it is routed to interest on the same side of the market electronically exposes eligible orders at another options exchange.8 is either traded in full or cancelled in the NBBO price immediately upon Contemporaneously with the start of the full, the Route Timer will be terminated receipt. As well, the BATS EDGX rule Route Timer, the Exchange’s System 9 and normal trading will resume.17 In prescribes that the exposure period shall broadcasts a Route Notification message addition, if at any point during the be for a period of time determined by to subscribers of the Exchange’s Route Timer a change in the ABBO the Exchange on a class-by-class basis, Administrative Information Subscriber would allow all or part of the initiating which period of time shall not exceed (‘‘AIS’’) data feed. The Route order and any joining interest on the one second.22 Following the exposure Notification message includes the same side of the market to trade on the period, BATS EDGX routes the option contract size and side of the Exchange at the revised NBBO, the remaining portion of the exposed order market of the initiating Public Customer Route Timer will be terminated and to other exchanges.23 Accordingly, order.10 The Exchange now proposes to normal trading will resume.18 pursuant to the proposed rule change, also include the expected price to which At the end of the Route Timer, the the Exchange is merely proposing to the interest will be routed in the Route System will route Intermarket Sweep make available the same type of Notification message. Additionally, the Orders 19 representing the initiating information about the order to be routed Exchange proposes to adopt new order’s remaining contracts to away as is currently made available by other Interpretations and Policies .02 to state markets disseminating the ABBO. The options exchanges.24 that, for purposes of this Rule, the System will price the routed order at the 2. Statutory Basis expected price to which the interest will opposite side ABBO with a size equal to be routed is the ABBO at the start of the the exchange’s disseminated ABBO size MIAX believes that its proposed rule Route Timer.11 as needed. If there are still additional change is consistent with Section 6(b) of The System will display and book the contracts to be executed from the the Act 25 in general, and furthers the initiating order at its limit price, or if initiating order after the Intermarket objectives of Section 6(b)(5) of the Act 26 the limit price locks or crosses the Sweep Orders have been routed to the in particular, in that it is designed to current opposite side NBBO,12 display away markets disseminating the ABBO prevent fraudulent and manipulative the initiating order one Minimum Price for the away markets’ full size, the acts and practices, to promote just and Variation (‘‘MPV’’) 13 away from the System will handle remaining interest equitable principles of trade, to foster current opposite side NBBO and book from the initiating order in accordance cooperation and coordination with the initiating order at a price that will with the provisions of Exchange Rule persons engaged in regulating, clearing, 20 internally lock the current opposite side 515, Execution of Orders and Quotes. settling, processing information with The Exchange also proposes to amend NBBO. The initiating order will remain respect to, and facilitating transactions Rule 529(b)(2)(i) to correct the sentence available for execution up to its original in securities, to remove impediments to which reads, ‘‘[c]ontemporaneously bid or down to its original offer.14 and perfect the mechanisms of a free with the start of the Timer, the System If, during the Route Timer, the and open market and a national market will broadcast a Route Notification to Exchange receives a new order or quote system and, in general, to protect subscribers of the Exchange’s data on the opposite side of the market from investors and the public interest. feeds. . . .’’ The Exchange broadcasts the initiating order that can be executed, The Exchange believes the proposed the Route Notification on a single data the System will immediately execute changes promote just and equitable feed, the AIS feed. Therefore, the the remaining contracts from the principles of trade, remove Exchange proposes to amend the rule initiating order to the extent possible, impediments to and perfect the text to specifically identify the data feed mechanism of a free and open market provided that the execution price does by its name, the Administrative not violate the current NBBO.15 and a national market system because Information Subscriber (‘‘AIS’’) data they seek to improve the accuracy of the Conversely, if during the Route Timer feed. the Exchange receives orders or quotes Exchange’s rules. In particular, the The Exchange also notes that other Exchange believes that the proposed on the same side of the market as the option exchanges offer similar initiating order, such new orders or rule changes will provide greater clarity functionality in their respective routing to Members and the public regarding the quotes will join the initiating order in mechanisms. Those routing mechanisms the Route Timer.16 Exchange’s Rules, and it is in the public (i) expose eligible initiating interest at interest for rules to be accurate and the best price, (ii) contain an exposure concise so as to eliminate the potential and ‘‘Registered Market Makers’’ collectively. See period, the duration of which does not for confusion. Exchange Rule 100. exceed one second, and (iii) route 8 See Exchange Rule 529(b)(2)(i). The Exchange believes that including 9 remaining interest to away markets at The term ‘‘System’’ means the automated 21 the expected price to which the interest trading system used by the Exchange for the trading the conclusion of the exposure period. will be routed in the Route Notification of securities. See Exchange Rule 100. In particular, those routing mechanisms message promotes just and equitable 10 See Exchange Rule 529(b)(2)(i). also expose their expected route price, principles of trade and removes 11 The Exchange notes that the expected price to which the Exchange is now proposing to impediments to a free and open market which the interest will be routed may differ from expose as well pursuant to this the actual price to which the interest is routed due by providing greater transparency proposed rule change. For example, to changes in the market that occur during the concerning the operation of Exchange BATS EDGX Exchange, Inc. (‘‘BATS duration of the Route Timer. functionality. The Exchange also 12 The term ‘‘NBBO’’ means the national best bid believes the proposal will contribute to or offer as calculated by the Exchange based on 17 Id. market information received from OPRA. See 18 Id. 22 Exchange Rule 100. 19 See Exchange Rule 516(f). See BATS EDGX 21.18(b)(1). 13 23 See Exchange Rule 510. 20 See Exchange Rule 529(b)(2)(iv). See BATS EDGX 21.18(b)(4). 14 24 See Exchange Rule 529(b)(2)(i). 21 See BATS EDGX Rule 21.18, Nasdaq PHLX See supra note 21. 15 Id. Rule 1080(m)(iv)(B) and (C), and NYSE American 25 15 U.S.C. 78f(b). 16 See Exchange Rule 529(b)(2)(iii). Rule 994NY. 26 15 U.S.C. 78f(b)(5).

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the protection of investors and the At any time within 60 days of the filing also will be available for public interest by clarifying the filing of the proposed rule change, the inspection and copying at the principal Exchange’s rules. The Exchange believes Commission summarily may office of the Exchange. All comments that additional clarity and transparency temporarily suspend such rule change if received will be posted without change; in the Exchange’s rules will strengthen it appears to the Commission that such the Commission does not edit personal investor confidence in the market and action is necessary or appropriate in the identifying information from facilitate fair competition among market public interest, for the protection of submissions. You should submit only participants. The Exchange notes that investors, or otherwise in furtherance of information that you wish to make other option exchanges that offer similar the purposes of the Act. If the available publicly. All submissions functionality have similar rules in Commission takes such action, the should refer to File Number SR–MIAX– place.27 Commission shall institute proceedings 2017–41 and should be submitted on or to determine whether the proposed rule before October 25, 2017. For the B. Self-Regulatory Organization’s should be approved or disapproved. Commission, by the Division of Trading Statement on Burden on Competition and Markets, pursuant to delegated IV. Solicitation of Comments The Exchange does not believe that authority.30 the proposed rule change will result in Interested persons are invited to Eduardo A. Aleman, any burden on competition that is not submit written data, views, and Assistant Secretary. necessary or appropriate in furtherance arguments concerning the foregoing, of the purposes of the Act. Specifically, including whether the proposed rule [FR Doc. 2017–21278 Filed 10–3–17; 8:45 am] the Exchange believes the proposed rule change is consistent with the Act. BILLING CODE 8011–01–P change will not impose any burden on Comments may be submitted by any of competition as the Exchange is merely the following methods: SECURITIES AND EXCHANGE providing supplemental information Electronic Comments COMMISSION that may be derived by market • Use the Commission’s Internet participants independently. The [Release No. 34–81748; File No. SR– comment form (http://www.sec.gov/ Exchange’s proposal does not BatsEDGA–2017–25] rules/sro.shtml); or substantively modify any Exchange • Send an email to rule-comments@ Self-Regulatory Organizations; Bats functionality and is not designed to sec.gov. Please include File Number SR- address any competitive issues, but EDGA Exchange, Inc.; Notice of Filing MIAX–2017–41 on the subject line. and Immediate Effectiveness of a rather to provide additional information Proposed Rule Change to Rule 11.7, in the Route Notification message and Paper Comments Opening Process, and Rule 13.4, add further clarity to the Exchange’s • Send paper comments in triplicate Usage of Data Feeds, To Reflect the rules. Since the Exchange does not to Secretary, Securities and Exchange Name Change of NYSE MKT to NYSE propose to substantively modify the Commission, 100 F Street NE., American operation of exchange functionality, the Washington, DC 20549–1090. proposed rule change will not impose All submissions should refer to File September 28, 2017. any burden on inter-market Number SR–MIAX–2017–41. This file Pursuant to Section 19(b)(1) of the competition. Additionally, the Exchange number should be included on the Securities Exchange Act of 1934 (the does not believe the proposed rule subject line if email is used. To help the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 change will impose any burden on intra- Commission process and review your notice is hereby given that on market competition as the Rules apply comments more efficiently, please use September 25, 2017, Bats EDGA equally to all Exchange Members. only one method. The Commission will Exchange, Inc. (the ‘‘Exchange’’ or C. Self-Regulatory Organization’s post all comments on the Commission’s ‘‘EDGA’’) filed with the Securities and Statement on Comments on the Internet Web site (http://www.sec.gov/ Exchange Commission (‘‘Commission’’) Proposed Rule Change Received From rules/sro.shtml). Copies of the the proposed rule change as described in Items I and II below, which Items Members, Participants, or Others submission, all subsequent amendments, all written statements have been prepared by the Exchange. Written comments were neither with respect to the proposed rule The Exchange has designated this solicited nor received. change that are filed with the proposal as a ‘‘non-controversial’’ Commission, and all written proposed rule change pursuant to III. Date of Effectiveness of the 3 communications relating to the Section 19(b)(3)(A) of the Act and Rule Proposed Rule Change and Timing for 4 Commission Action proposed rule change between the 19b–4(f)(6)(iii) thereunder, which Commission and any person, other than renders it effective upon filing with the Because the foregoing proposed rule those that may be withheld from the Commission. The Commission is change does not: (i) Significantly affect public in accordance with the publishing this notice to solicit the protection of investors or the public provisions of 5 U.S.C. 552, will be comments on the proposed rule change interest; (ii) impose any significant available for Web site viewing and from interested persons. burden on competition; and (iii) become printing in the Commission’s Public operative for 30 days after the date of I. Self-Regulatory Organization’s Reference Room, 100 F Street NE., the filing, or such shorter time as the Statement of the Terms of Substance of Washington, DC 20549, on official Commission may designate, it has the Proposed Rule Change business days between the hours of become effective pursuant to 19(b)(3)(A) The Exchange filed a proposal to 10:00 a.m. and 3:00 p.m. Copies of the of the Act 28 and Rule 19b–4(f)(6) 29 amend paragraph (c)(1) of Rule 11.7, thereunder. the Commission written notice of its intent to file 30 17 CFR 200.30–3(a)(12). the proposed rule change at least five business days 1 27 See supra note 21. prior to the date of filing of the proposed rule 15 U.S.C. 78s(b)(1). 28 15 U.S.C. 78s(b)(3)(A). change, or such shorter time as designated by the 2 17 CFR 240.19b–4. 29 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Commission. The Exchange has satisfied this 3 15 U.S.C. 78s(b)(3)(A). 4(f)(6) requires a self-regulatory organization to give requirement. 4 17 CFR 240.19b–4(f)(6)(iii).

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Opening Process, and paragraph (a) of The non-substantive amendments to furtherance of the purposes of the Act. Rule 13.4, Usage of Data Feeds, to reflect Rules 11.7(c)(1) and 13.4(a) are intended If the Commission takes such action, the the name change of NYSE MKT to NYSE solely to reflect the name change from Commission shall institute proceedings American. NYSE MKT to NYSE American. The to determine whether the proposed rule The text of the proposed rule change proposed rule change, therefore, should be approved or disapproved. removes impediments to and perfects is available at the Exchange’s Web site IV. Solicitation of Comments at www.bats.com, at the principal office the mechanism of a free and open of the Exchange, and at the market and a national market system Interested persons are invited to Commission’s Public Reference Room. because it updates the rule to reflect the submit written data, views, and name change and does not alter the way arguments concerning the foregoing, II. Self-Regulatory Organization’s in which orders in NYSE American including whether the proposed rule Statement of the Purpose of, and listed securities are handled and routed. change is consistent with the Act. Statutory Basis for, the Proposed Rule Comments may be submitted by any of Change (B) Self-Regulatory Organization’s the following methods: Statement on Burden on Competition In its filing with the Commission, the Electronic Comments Exchange included statements The Exchange does not believe that • concerning the purpose of and basis for the proposed rule change will have any Use the Commission’s Internet the proposed rule change and discussed impact on competition as it is not comment form (http://www.sec.gov/ any comments it received on the designed to alter the way in which rules/sro.shtml); or • proposed rule change. The text of these orders in NYSE American listed Send an email to rule-comments@ statements may be examined at the securities are handled and routed. It is sec.gov. Please include File Number SR– places specified in Item IV below. The simply intended to reflect the name BatsEDGA–2017–25 on the subject line. change from NYSE MKT to NYSE Exchange has prepared summaries, set Paper Comments forth in Sections A, B, and C below, of American. • Send paper comments in triplicate the most significant parts of such (C) Self-Regulatory Organization’s to Brent J. Fields, Secretary, Securities statements. Statement on Comments on the and Exchange Commission, 100 F Street Proposed Rule Change Received From (A) Self-Regulatory Organization’s NE., Washington, DC 20549–1090. Members, Participants or Others Statement of the Purpose of, and All submissions should refer to File Statutory Basis for, the Proposed Rule The Exchange has neither solicited Number SR–BatsEDGA–2017–25. This Change nor received written comments on the file number should be included on the proposed rule change. 1. Purpose subject line if email is used. To help the III. Date of Effectiveness of the Commission process and review your On March 21, 2017, NYSE MKT LLC Proposed Rule Change and Timing for comments more efficiently, please use filed a proposed rule change to change only one method. The Commission will 5 Commission Action its name to NYSE American LLC. The post all comments on the Commission’s Exchange now proposes to replace Because the foregoing proposed rule change does not: (A) Significantly affect Internet Web site (http://www.sec.gov/ references to NYSE MKT within its rules/sro.shtml). Copies of the rules with NYSE American. In the protection of investors or the public interest; (B) impose any significant submission, all subsequent particular, the Exchange proposes to amendments, all written statements replace references to NYSE MKT with burden on competition; and (C) by its terms, become operative for 30 days with respect to the proposed rule NYSE American in Rule 11.7(c)(1), change that are filed with the Opening Process; and Rule 13.4(a), from the date on which it was filed or such shorter time as the Commission Commission, and all written Usage of Data Feeds. The Exchange does communications relating to the not proposed [sic] to amend the may designate it has become effective pursuant to Section 19(b)(3)(A) of the proposed rule change between the operation of these rules in any other Commission and any person, other than respect. Act 8 and paragraph (f)(6) of Rule 19b– 4 thereunder,9 the Exchange has those that may be withheld from the 2. Statutory Basis designated this rule filing as non- public in accordance with the provisions of 5 U.S.C. 552, will be The Exchange believes that its controversial. The Exchange has given the Commission written notice of its available for Web site viewing and proposal is consistent with Section 6(b) printing in the Commission’s Public 6 intent to file the proposed rule change, of the Act in general, and furthers the Reference Room, 100 F Street NE., objectives of Section 6(b)(5) of the Act 7 along with a brief description and text of the proposed rule change at least five Washington, DC 20549, on official in particular, in that it is designed to business days between the hours of promote just and equitable principles of business days prior to the date of filing of the proposed rule change, or such 10:00 a.m. and 3:00 p.m. Copies of the trade, to foster cooperation and filing also will be available for coordination with persons engaged in shorter time as designated by the Commission. inspection and copying at the principal facilitating transactions in securities, to office of the Exchange. All comments remove impediments to and perfect the At any time within 60 days of the filing of the proposed rule change, the received will be posted without change; mechanism of a free and open market the Commission does not edit personal and a national market system and, in Commission summarily may temporarily suspend such rule change if identifying information from general, to protect investors and the submissions. You should submit only public interest. it appears to the Commission that such action is: (1) Necessary or appropriate in information that you wish to make the public interest; (2) for the protection available publicly. All submissions 5 See Securities Exchange Act Release No. 80283 should refer to File Number SR– (March 21, 2017), 82 FR 15244 (March 27, 2017) of investors; or (3) otherwise in (SR–NYSEMKT–2017–14). BatsEDGA–2017–25 and should be 6 15 U.S.C. 78f(b). 8 15 U.S.C. 78s(b)(3)(A). submitted on or before October 25, 7 15 U.S.C. 78f(b)(5). 9 17 CFR 240.19b–4. 2017.

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For the Commission, by the Division of A. Self-Regulatory Organization’s market sentiment without undertaking Trading and Markets, pursuant to delegated Statement of the Purpose of, and complex calculations. Although tailored authority.10 Statutory Basis for, the Proposed Rule for different audiences, the Analytic Eduardo A. Aleman, Change Bundles and Single- and Multi-Factor Assistant Secretary. Intellicators are all designed to increase 1. Purpose [FR Doc. 2017–21276 Filed 10–3–17; 8:45 am] visibility into options transactions and BILLING CODE 8011–01–P The purpose of the proposed rule democratize information to provide the change is to introduce the Intellicator benefits of sophisticated analytical Analytic Tool, a new, optional market techniques to firms without the SECURITIES AND EXCHANGE data product available for a technology, staff or wherewithal to COMMISSION corresponding fee 3 that is designed to conduct a comparable analysis on their analyze options market transactions and own. [Release No. 34–81754; File No. SR–Phlx– synthesize that analysis to assist The Analytic Bundles and Single- and 2017–74] investors in assessing the equities 4 Multi-Factor Intellicators are described underlying those transactions. in further detail below. Self-Regulatory Organizations; Options market transactions can be NASDAQ PHLX LLC; Notice of Filing of complex; the purpose of the Intellicator Single-Factor Analytic Bundle Analytic Tool is to distill options data Proposed Rule Change To Introduce A Single-Factor Analytic Bundle is a the Intellicator Analytic Tool into a form that will help investors understand options market movements set of calculations of ‘‘factors,’’ or September 28, 2017. and provide them with actionable standard measures of options market Pursuant to Section 19(b)(1) of the insight in changing market conditions. activity, often used as indicia of market Securities Exchange Act of 1934 The Intellicator Analytic Tool will offer sentiment. The Intellicator Analytic (‘‘Act’’),1 and Rule 19b–4 thereunder,2 three increasingly sophisticated levels Tool will calculate four factors—Put/ notice is hereby given that on of analysis. The first level, the Single- Call Ratio, Moneyness Ratio, Volume- September 20, 2017, NASDAQ PHLX Factor Analytic Bundle, calculates Weighted Average Delta, and Weighted LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with fundamental measures, or ‘‘factors,’’ of Average Stock Price—defined as 5 the Securities and Exchange options market activity—Put/Call Ratio, follows: Commission (‘‘SEC’’ or ‘‘Commission’’) Moneyness Ratio, Volume-Weighted (i) Put/Call Ratio: The total number of the proposed rule change as described Average Delta, and Weighted Average put contracts traded divided by the total in Items I, II, and III, below, which Items Strike Price—and applies those factors number of put and call contracts traded have been prepared by the Exchange. to certain segments of activity on the within the prior 60 seconds for each The Commission is publishing this Exchange. The second level, the Single- underlying symbol. notice to solicit comments on the Factor Intellicator, uses machine (ii) Moneyness Ratio: The natural log proposed rule change from interested learning—an analytical technique that of the ratio of the price of the persons. employs algorithms that iteratively underlying equity to the strike price of ‘‘learn’’ from data to find hidden the options contract traded within the I. Self-Regulatory Organization’s insights without explicit prior 60 seconds.6 Statement of the Terms of Substance of programming—to summarize in a single the Proposed Rule Change (iii) Volume-Weighted Average Delta: numeral the information contained A calculation of the projected change to The Exchange proposes to introduce within a Single-Factor Analytic Bundle. an option price given a $1 change in the the Intellicator Analytic Tool. The third level, the Multi-Factor equity price, weighted by the number of The text of the proposed rule change Intellicator, uses machine learning to contracts traded within the prior 60 is available on the Exchange’s Web summarize in a single numeral all of the seconds. site at http://nasdaqphlx.cchwall information contained within all of the (iv) Weighted Average Strike Price: A street.com/, at the principal office of the five [sic] Single-Factor Analytic Bundles calculation of the strike price of the Exchange, and at the Commission’s offered with this product. options contracts traded within the Public Reference Room. The Exchange will propose, in a prior 60 seconds, weighted by the forthcoming fee filing, separate fees for number of days to expiration.7 II. Self-Regulatory Organization’s the Single-Factor Analytic Bundle, the Each of these Single-Factor Analytic Statement of the Purpose of, and Single-Factor Intellicator, and the Multi- Bundles will provide separate Statutory Basis for, the Proposed Rule Factor Intellicator, as well as special calculations of a specific factor for Change rates for the purchase of any between five and fifty different In its filing with the Commission, the combination of these, to allow investors segments, or subsets, of the options Exchange included statements to choose the tool that best fits their market.8 Segments may be simple or concerning the purpose of and basis for needs. The Single-Factor Analytic complex. A simple segment may be all the proposed rule change and discussed Bundles are designed to be used by transactions with a certain range of any comments it received on the sophisticated investors to supplement, expiration dates. Examples of complex proposed rule change. The text of these test and inform their own analytic statements may be examined at the models. The Single- and Multi-Factor 5 The Exchange may introduce new factors that places specified in Item IV below. The Intellicators are designed for the use of are found to have value in assessing market Exchange has prepared summaries, set investors who seek to understand sentiment, but will submit a new filing for approval forth in sections A, B, and C below, of if other factors are added. the most significant aspects of such 3 A separate filing will address the pricing for the 6 The ratios for calls are multiplied by 1, while statements. Intellicator Analytic Tool, which will also be ratios for puts are multiplied by ¥1. implemented on October 27, 2017, if approved by 7 A higher weighting is given to contracts near the Commission. expiration. 10 17 CFR 200.30–3(a)(12). 4 The Exchange initially filed the proposed 8 Factor calculations for specific segments of the 1 15 U.S.C. 78s(b)(1). changes on August 2, 2017 (SR–Phlx 2017–62). On market will not be sold by the Exchange separately 2 17 CFR 240.19b–4. August 11, 2017, the Exchange withdrew that filing. from the Analytic Bundles.

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segments include: ‘‘Customers 9 who (‘‘PIXL’’) Order,22 qualified contingent Professional Customer, Firm, Broker- buy to open a new position,’’ ‘‘Non- cross (‘‘QCC’’),23 Sweep,24 responder to Dealer, etc.) adding or removing Customers 10 who sell to close an an auction, or quote from a Market liquidity—information not otherwise existing position,’’ or ‘‘Market Makers 11 Maker). available on the Exchange’s data feeds, engaging in complex orders.’’ Segments (viii) Add vs. remove liquidity: as noted above.26 Such information may will be segregated using the following Whether the transaction adds or be useful in identifying the investment nine fields of information, either alone removes liquidity, or has no effect on strategies of particular customer or in combination: (i) Put vs. call; (ii) liquidity. categories. expiration date; (iii) customer type; (iv) (ix) Electronic vs. manual: Whether ‘‘moneyness’’; (v) open vs. close; (vi) the transaction takes place on the floor While this type of reverse-engineering buy vs. sell; (vii) order type; (viii) add of the Exchange or through the is not the primary purpose of the vs. remove liquidity; and (ix) electronic electronic order system. Intellicator Analytic Tool—and of vs. manual transaction.12 These fields Seven of these nine data fields—put limited usefulness given that are defined as follows: vs. call; expiration date; customer type; implementation would only be practical (i) Put vs. Call: whether the ‘‘moneyness’’; open vs. close; buy vs. for thinly-traded stocks—it is consistent instrument is a put (an option to sell sell; and order type—are currently with the purpose of the Intellicator assets at an agreed upon price on or available in real time for purchasers of Analytic Tool to make data about before a particular date) or a call (an the PHLX Orders data feed, although market sentiment available to investors. option to buy assets at an agreed-upon that feed does not include order Identifying the investment strategies of price on or before a particular date). information on Immediate or Cancel particular customer categories can (ii) Expiration date: the number of Orders (‘‘IOCs’’) or orders that are fully provide an investor with useful insight days to contract expiration. executable upon receipt. IOCs and into market activity, which this Tool Transactions are assigned to one of five orders that are fully executable upon may render more broadly available to ranges: One week (less than or equal to receipt will, however, be used to investors. Such dissemination of market 7 days prior to expiration); one month segregate data for factor calculations in (greater than 7 days but less than or information promotes transparency and Single-Factor Analytic Bundles. The last increases market efficiency, and, as equal to 30 days); three months (greater two data fields listed above—add vs. than 30 days but less than or equal to stated in the Statutory Basis discussion remove liquidity and electronic vs. 90 days to expiration); six months below, protects protect investors and the manual transactions—are not available (greater than 90 days but less than or public interest. on any of the Exchange’s data feeds, but, equal to 180 days to expiration date; and like data from IOCs and fully executable The data fields identified above will over six months (greater than 180 days orders upon receipt, will be used to be used to segregate the market into to expiration date). segregate data into segments for Single- segments by calculating factors only for (iii) Customer type: Customer, transactions that meet specific criteria. 13 14 Factor Analytic Bundles. Professional Customer, Firm, Each segment will be defined by 15 A purchaser of Single-Factor Analytic Broker-Dealer, Market Maker, Joint between one and five fields; data from Back Office (‘‘JBO’’),16 off-floor broker- Bundles may, under certain circumstances, be able to reverse- other fields will not be used. By way of dealer), or Non-Customer. illustration, the three complex segments (iv) ‘‘Moneyness’’: In-the-money,17 engineer factor calculations to obtain out-the-money 18 or at-the-money.19 transaction-specific information not set forth above—‘‘Customers who buy to (v) Open vs. Close: Whether the otherwise available on the Exchange’s open a new position,’’ ‘‘Non-Customers transaction is opening a new position or data feeds.25 For example, an investor who sell to close an existing position,’’ closing an existing position. observing a thinly-traded stock may be and ‘‘Market Makers engaging in (vi) Buy vs. Sell. able to use the Single-Factor Analytic complex orders’’—will be constructed (vii) Execution type: Simple order,20 Bundle calculations to determine the using only three segments, as shown in complex order,21 price improvement type of customer (Customer, the following chart:

9 The term ‘‘Customer’’ applies to any transaction 14 The term ‘‘Firm’’ applies to any transaction that 19 An options contract is at-the-money when the that is identified by a member or member is identified by a member or member organization strike price is within 2.5% of the price of the organization for clearing in the Customer range at for clearing in the Firm range at the OCC. underlying security, either above or below, for The Options Clearing Corporation (‘‘OCC’’) which 15 The term ‘‘Broker-Dealer’’ applies to any either a call or a put contract. is not for the account of a broker or dealer or for transaction which is not subject to any of the other 20 A single-leg option order. transaction fees applicable within a particular 21 the account of a ‘‘Professional’’ (as that term is A multi-legged option order. category. 22 A two-sided order that is entered into a price defined in Rule 1000(b)(14)). 16 The term ‘‘Joint Back Office’’ or ‘‘JBO’’ applies improvement auction. 10 A ‘‘Non-Customer’’ is any market participant to any transaction that is identified by a member or 23 A stock-tied option order consisting of a other than a Customer or a Market Maker, such as member organization for clearing in the Firm range minimum of 1,000 options contracts bundled Professional Customer, Firm, Broker-Dealer, or Joint at OCC and is identified with an origin code as a together for the purpose of crossing the order. Back Office (see notes 11–15 [sic]). JBO. A JBO participant is a member, member 24 An order type used to accumulate a position 11 ‘‘Market Makers’’ includes Specialists (see organization or non-member organization that maintains a JBO arrangement with a clearing quickly by simultaneously sending the order to Exchange Rule 1020(a)), Registered Option Traders broker-dealer (‘‘JBO Broker’’) subject to the multiple exchanges. (see Exchange Rule 1014(b)), Streaming Quote requirements of Regulation T, Section 220.7 of the 25 Similar reverse-engineering would be Traders (see Exchange Rule 1014(b)(ii)(A)), and Federal Reserve System as discussed at Exchange impossible for customers who purchase Intellicators Remote Streaming Quote Traders (see Exchange Rule 703. alone, because such segment-specific information Rule in 1014(b)(ii)(B)). 17 An options contract is in-the-money when the will not be provided to customers who only 12 The Exchange may introduce new fields at a strike price is below 2.5% of the price of the purchase Intellicators. later date, but will submit a new filing for approval underlying security for a call contract, or above 26 There may be other examples in which Single- if additional fields are added. 2.5% of the underlying security for a put contract. Feed Analytic Bundles may be used to adduce 18 An options contract is out-the-money when the transaction-specific information not provided in 13 The term ‘‘Professional Customer’’ applies to strike price is above 2.5% of the price of the data feeds. For instance, it may also be possible to transactions for the accounts of Professionals, as underlying security for a call contract, or below determine whether a thinly-traded stock were defined in Exchange Rule 1000(b)(14). 2.5% of the underlying security for a put contract. traded through an electronic or manual trade.

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Customers who buy to open Non-customers who sell to close Market makers engaging a position an existing position in complex orders

Put vs. Call 27 ...... N/A ...... N/A ...... N/A Expiration Date ...... N/A ...... N/A ...... N/A Customer type ...... Customer ...... Non-Customer ...... Market Maker Moneyness ...... N/A ...... N/A ...... N/A Open vs. Close ...... Open ...... Close ...... N/A Buy vs. Sell ...... Buy ...... Sell ...... N/A Execution type ...... N/A ...... N/A ...... Complex order Add vs. remove liquidity 28 ...... N/A ...... N/A ...... N/A Electronic vs. manual ...... N/A ...... N/A ...... N/A

Purchasersof this product will be to expiration may be compared to those between certain options trades and the provided the results of factor with less than 30 days to expiration; or equities underlying those trades. Over calculations for segments of the market calculations for options contracts that time, the algorithm will optimize these to be identified by the Exchange as are in-the-money may be compared to equations for both the types of data used indicative of market sentiment. All of those that are out-the-money or at-the- to analyze equities and the weight of the output of the Intellicator Analytic money. The goal of all of these such data. The result will be a better Tool consists solely of calculations, not comparisons is to glean information mathematical model. raw data. The Tool is intended to from differences in market activity that Calculations for Single-Factor provide insight into market sentiment may provide useful information about Intellicators, like calculations for each through aggregated calculations, not to market sentiment regarding the factor, will be updated every 60 seconds provide real-time transaction- and associated underlying equity. over the course of the day. order-related information similar to a Calculations will be based on ‘‘rolling Multi-Factor Intellicator data feed. aggregates’’ of trading data, updated The Exchange expects that segments every 60 seconds over the course of the The Multi-Factor Intellicator uses will change over time. The first iteration day. machine learning to summarize in a of the Intellicator Analytic Tool will single numeral all of the calculations utilize a set of segments determined to Single-Factor Intellicators contained in all of the five [sic] Single- be indicative of market sentiment based A Single-Factor Intellicator uses Factor Analytic Bundles. As was the on experience and economic theory, but machine learning to summarize in a case with Single-Factor Intellicators, the then will use machine learning— single numeral the information Multi-Factor Intellicator is designed to algorithms that test theory against contained within a Single-Factor act as a ‘‘barometer’’ of options trading market experience—to improve Analytic Bundle. The number will be activity, which the customer will be calculations by identifying additional within a set range—possibly between able to incorporate into its market segments with a strong relationship one and one hundred, although the analysis. The Multi-Factor Intellicator with the underlying equity and adding precise range may change over time— will improve over time through machine them to the Analytic Bundles to create and will be designed to value market learning. the most robust set of calculations sentiment: Specifically, the upward or The Multi-Factor Intellicator will also possible. Identifying relevant segments downward pressure on the price of an be updated every 60 seconds over the is a feature of this product, and the equity instrument as reflected in options course of the day. intellectual property of the Exchange. trading activity. The numeral will be a Proposed Pricing Structure Segments will be selected for their sort of ‘‘barometer’’ of trading activity As previously noted, the fee schedule ability to provide a robust view of that, in conjunction with other market market sentiment. While any single for the Intellicator Analytic Tool will be information, will help investors make included in a future filing. Because the segment may be of limited usefulness on informed decisions. its own, making the same calculations Single-Factor Analytic Bundles, Single- The Single-Factor Intellicator will Factor Intellicators, and Multi-Factor repeatedly for an array of different serve a different purpose than the segments will provide a more reliable Intellicators may prove useful for Analytic Bundles. Whereas the Analytic different audiences, these components and consistent indicia of market Bundles are designed to provide raw sentiment. Providing customers with of the Intellicator Analytic Tool will be calculations, the Intellicators are priced separately. calculations of the same factor for designed to provide an analytical multiple segments allows them to overlay to those calculations to help 2. Statutory Basis evaluate market sentiment by comparing investors interpret market sentiment. As The Exchange believes that its calculations across segments. For was the case with the Analytic Bundles, example, market sentiment related to proposal is consistent with Section 6(b) nothing in the Single-Factor Intellicator 29 simple orders may be compared to that of the Act, in general, and furthers the can be used to glean transaction-specific objectives of Section 6(b)(5) 30 of the Act of complex orders; calculations for information. options contracts with less than 7 days in particular. The proposal is designed The calculation for the Single-Factor to promote just and equitable principles Intellicator will change over time, as 27 As noted above, the first seven fields listed in of trade, to remove impediments to and this chart (from ‘‘Put vs. Call’’ through ‘‘Execution machine learning algorithms use data to perfect the mechanism of a free and type’’) are available in real time for purchasers of learn about the relationship between open market and a national market the PHLX Orders data feed, but that data feed does options and equities, and modify the system, and in general to protect not include data from IOCs or orders that are fully calculation accordingly. Specifically, executable upon receipt. investors and the public interest by 28 As noted above, the ‘‘add vs. remove liquidity’’ the Exchange will use calculated values and ‘‘electronic vs. manual’’ fields are not available from the Analytic Bundle to improve 29 15 U.S.C. 78f(b). on any of the Exchange’s proprietary data feeds. mathematical models of the relationship 30 15 U.S.C. 78f(b)(5).

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prompting transparency and increasing believes that efficiency is promoted when any burden on competition not visibility into options transactions and broker-dealers may choose to receive (and necessary or appropriate in furtherance democratizing information to provide pay for) additional market data based on their of the purposes of the Act. Indeed, the own internal analysis of the need for such Exchange believes that the Intellicator the benefits of sophisticated analytical data.32 techniques to firms without the Analytic Tool enhances competition by technology, staff or wherewithal to By removing unnecessary regulatory increasing transparency into options conduct a comparable analysis on their restrictions on the ability of exchanges transactions and democratizing own. Specifically, the Single- and Multi- to sell their own data, Regulation NMS information to provide the benefits of Factor Intellicators will provide all advanced the goals of the Act and the sophisticated analytical techniques to investors with insight into market principles reflected in its legislative firms without the technology, staff or sentiment otherwise available only to history. wherewithal to conduct a comparable those investors with the technology, In NetCoalition v. Securities and analysis on their own. Many firms 33 staff and wherewithal to conduct such Exchange Commission produce internal analytic models to an analysis. To the extent that the (‘‘NetCoalition’’) the D.C. Circuit upheld assess market sentiment similar to the Intellicator Analytic Tool uses the Commission’s use of a market-based Intellicator Analytic Tool; the information not otherwise available on approach in evaluating the fairness of introduction of this Tool will increase the Exchange’s market data feeds, the market data fees against a challenge competition by making such models effect of using such information as an claiming that Congress mandated a cost- available to more investors. 34 input for the Tool is to make based approach. As the court The market for data products is information more widely available to emphasized, the Commission ‘‘intended extremely competitive and firms may investors. To the degree that investors in Regulation NMS that ‘market forces, freely choose alternative venues and use Single-Factor Analytic Bundles to rather than regulatory requirements’ data vendors based on the aggregate fees reverse-engineer certain factor play a role in determining the market assessed, the data offered, and the value calculations to obtain transaction- data . . . to be made available to provided. Numerous exchanges compete 35 specific information not otherwise investors and at what cost.’’ ‘‘No one with each other for listings, trades, and provided on the Exchange’s data feeds, disputes that competition for order flow market data itself, providing virtually the availability of such information is ‘fierce.’ . . . As the SEC explained, limitless opportunities for entrepreneurs promotes transparency and increases ‘[i]n the U.S. national market system, who wish to produce and distribute market efficiency, thereby protecting buyers and sellers of securities, and the their own market data. Transaction investors and the public interest. The broker-dealers that act as their order- execution and proprietary data products net effect is to make information on routing agents, have a wide range of are complementary in that market data market sentiment more readily available choices of where to route orders for is both an input and a byproduct of the to more investors, thereby removing execution’; [and] ‘no exchange can execution service. In fact, market data impediments to a free and open market afford to take its market share and trade execution are a paradigmatic and promoting just and equitable percentages for granted’ because ‘no example of joint products with joint principles of trade. exchange possesses a monopoly, costs. The decision whether and on In adopting Regulation NMS,31 the regulatory or otherwise, in the execution which platform to post an order will Commission granted SROs and broker- of order flow from broker dealers’. depend on the attributes of the platform dealers increased authority and . . .’’ 36 where the order can be posted, flexibility to offer new and unique Data products such as the Intellicator including the execution fees, data market data to the public. It was Analytic Tool are a means by which quality and price. Without trade believed that this authority would exchanges compete to attract order flow. executions, exchange data products expand the amount of data available to To the extent that exchanges are cannot exist. Moreover, data products, consumers, and also spur innovation successful in such competition, they including the Intellicator Analytic Tool, and competition for the provision of earn trading revenues and also enhance are valuable to many end users only market data. The Intellicator Analytic the value of their data products by insofar as they provide information that Tool—a new market data product increasing the amount of data they end users expect will assist them or their customers in making trading designed to analyze options market provide. The need to compete for order decisions. transactions and synthesize that flow places substantial pressure upon The costs of producing market data analysis to help investors assess the exchanges to keep their fees for both executions and data reasonable.37 include not only the costs of the data equities underlying those transactions— distribution infrastructure, but also the is the type of market data product that B. Self-Regulatory Organization’s costs of designing, maintaining, and the Commission envisioned when it Statement on Burden on Competition operating the exchange’s transaction adopted regulation NMS. The The Exchange does not believe that execution platform and the cost of Commission concluded that Regulation the proposed rule change will impose regulating the exchange to ensure its fair NMS—deregulating the market in operation and maintain investor proprietary data—would further the 32 Id. confidence. The total return that a Act’s goals of facilitating efficiency and 33 See NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. trading platform earns reflects the competition: 2010). revenues it receives from both products 34 [E]fficiency is promoted when broker- Id. at 534–535. and the joint costs it incurs. Moreover, 35 dealers who do not need the data beyond the Id. at 537. the operation of the exchange is 36 Id. at 539 (quoting Securities Exchange Act prices, sizes, market center identifications of characterized by high fixed costs and the NBBO and consolidated last sale Release No. 59039 (December 2, 2008), 73 FR 74770, 74782–83 (December 9, 2008) (SR– low marginal costs. This cost structure information are not required to receive (and NYSEArca–2006–21)). is common in content distribution pay for) such data. The Commission also 37 See Sec. Indus. Fin. Mkts. Ass’n (SIFMA), industries such as software, where Initial Decision Release No. 1015, 2016 SEC LEXIS 31 See Securities Exchange Act Release No. 51808 2278 (ALJ June 1, 2016) (finding the existence of developing new software typically (June 9, 2005), 70 FR 37496 (June 29, 2005) vigorous competition with respect to non-core requires a large initial investment (and (‘‘Regulation NMS Adopting Release’’). market data). continuing large investments to upgrade

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the software), but once the software is own. If the price were to become rules/sro.shtml). Copies of the developed, the incremental cost of unattractive, those firms would opt not submission, all subsequent providing that software to an additional to purchase the product. The net effect amendments, all written statements user is typically small, or even zero of introducing this product into the with respect to the proposed rule (e.g., if the software can be downloaded market is to make market sentiment change that are filed with the over the internet after being information more widely available to a Commission, and all written purchased).38 It is costly to build and broader array of investors, and lower the communications relating to the maintain a trading platform, but the cost of accessing such information, proposed rule change between the incremental cost of trading each thereby increasing market efficiency. Commission and any person, other than additional share on an existing platform, For all of these reasons, the Exchange those that may be withheld from the or of distributing an additional instance does not believe that the proposed public in accordance with the of data, is very low. Market information changes will impair competition in the provisions of 5 U.S.C. 552, will be and executions are each produced financial markets. available for Web site viewing and jointly (in the sense that the activities of printing in the Commission’s Public trading and placing orders are the C. Self-Regulatory Organization’s Reference Room, 100 F Street NE., source of the information that is Statement on Comments on the Washington, DC 20549, on official distributed) and are each subject to Proposed Rule Change Received From business days between the hours of significant scale economies. Members, Participants, or Others 10:00 a.m. and 3:00 p.m. Copies of the Competition among trading platforms No written comments were either filing also will be available for can be expected to constrain the solicited or received. inspection and copying at the principal aggregate return each platform earns office of the Exchange. All comments from the sale of its joint products. The III. Date of Effectiveness of the received will be posted without change; level of competition and contestability Proposed Rule Change and Timing for the Commission does not edit personal in the market is evident in the Commission Action identifying information from numerous alternative venues that Within 45 days of the date of submissions. You should submit only compete for order flow, including SRO publication of this notice in the Federal information that you wish to make markets, as well as internalizing BDs Register or within such longer period (i) available publicly. All submissions and various forms of alternative trading as the Commission may designate up to should refer to File Number SR–Phlx– systems (‘‘ATSs’’), including dark pools 90 days of such date if it finds such 2017–74 and should be submitted on or and electronic communication networks longer period to be appropriate and before October 25, 2017. (‘‘ECNs’’). Each SRO market competes to publishes its reasons for so finding or For the Commission, by the Division of produce transaction reports via trade (ii) as to which the Exchange consents, Trading and Markets, pursuant to delegated executions, and two FINRA-regulated the Commission shall: (a) by order authority.39 TRFs compete to attract internalized approve or disapprove such proposed Eduardo A. Aleman, transaction reports. It is common for rule change, or (b) institute proceedings Assistant Secretary. BDs to further and exploit this to determine whether the proposed rule [FR Doc. 2017–21279 Filed 10–3–17; 8:45 am] competition by sending their order flow change should be disapproved. and transaction reports to multiple BILLING CODE 8011–01–P markets, rather than providing them all IV. Solicitation of Comments to a single market. Competitive markets Interested persons are invited to SECURITIES AND EXCHANGE for order flow, executions, and submit written data, views, and COMMISSION transaction reports provide pricing arguments concerning the foregoing, discipline for the inputs of proprietary including whether the proposed rule [Release No. 34–81749; File No. SR– data products. The large number of change is consistent with the Act. BatsBYX–2017–23] SROs, TRFs, BDs, and ATSs that Comments may be submitted by any of Self-Regulatory Organizations; Bats currently produce proprietary data or the following methods: BYX Exchange, Inc.; Notice of Filing are currently capable of producing it and Immediate Effectiveness of a provides further pricing discipline for Electronic Comments Proposed Rule Change to Rule 11.23, proprietary data products. Each SRO, • Use the Commission’s Internet Opening Process, and Rule 11.26, TRF, ATS, and BD is currently comment form (http://www.sec.gov/ Usage of Data Feeds, To Reflect the permitted to produce proprietary data rules/sro.shtml); or Name Change of NYSE MKT to NYSE products, and many currently do or • Send an email to rule-comments@ American have announced plans to do so, sec.gov. Please include File Number SR– including Nasdaq, NYSE, NYSE MKT, Phlx–2017–74 on the subject line. September 28, 2017. NYSE Arca, and the BATS exchanges. Paper Comments Pursuant to Section 19(b)(1) of the In this case, the proposed rule change Securities Exchange Act of 1934 (the • enhances competition by introducing a Send paper comments in triplicate ‘‘Act’’),1 and Rule 19b–4 thereunder,2 new product that increases transparency to Secretary, Securities and Exchange notice is hereby given that on into options transactions and Commission, 100 F Street NE., September 25, 2017, Bats BYX democratizes information by providing Washington, DC 20549–1090. Exchange, Inc. (the ‘‘Exchange’’ or the benefits of sophisticated analytical All submissions should refer to File ‘‘BYX’’) filed with the Securities and techniques to firms without the Number SR–Phlx–2017–74. This file Exchange Commission (‘‘Commission’’) technology, staff or wherewithal to number should be included on the the proposed rule change as described conduct a comparable analysis on their subject line if email is used. To help the in Items I and II below, which Items Commission process and review your have been prepared by the Exchange. 38 See William J. Baumol and Daniel G. Swanson, comments more efficiently, please use ‘‘The New Economy and Ubiquitous Competitive only one method. The Commission will 39 Price Discrimination: Identifying Defensible Criteria 17 CFR 200.30–3(a)(12). of Market Power,’’ Antitrust Law Journal, Vol. 70, post all comments on the Commission’s 1 15 U.S.C. 78s(b)(1). No. 3 (2003). Internet Web site (http://www.sec.gov/ 2 17 CFR 240.19b–4.

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The Exchange has designated this 2. Statutory Basis designated this rule filing as non- proposal as a ‘‘non-controversial’’ The Exchange believes that its controversial. The Exchange has given proposed rule change pursuant to proposal is consistent with Section 6(b) the Commission written notice of its 3 Section 19(b)(3)(A) of the Act and Rule of the Act 6 in general, and furthers the intent to file the proposed rule change, 19b–4(f)(6)(iii) thereunder,4 which objectives of Section 6(b)(5) of the Act 7 along with a brief description and text renders it effective upon filing with the in particular, in that it is designed to of the proposed rule change at least five Commission. The Commission is promote just and equitable principles of business days prior to the date of filing publishing this notice to solicit trade, to foster cooperation and of the proposed rule change, or such comments on the proposed rule change coordination with persons engaged in shorter time as designated by the from interested persons. facilitating transactions in securities, to Commission. At any time within 60 days of the I. Self-Regulatory Organization’s remove impediments to and perfect the mechanism of a free and open market filing of the proposed rule change, the Statement of the Terms of Substance of Commission summarily may the Proposed Rule Change and a national market system and, in general, to protect investors and the temporarily suspend such rule change if The Exchange filed a proposal to public interest. it appears to the Commission that such amend paragraph (c)(1) of Rule 11.23, The non-substantive amendments to action is: (1) Necessary or appropriate in Opening Process, and paragraph (a) of Rules 11.23(c)(1) and 11.26(a) are the public interest; (2) for the protection Rule 11.26, Usage of Data Feeds, to intended solely to reflect the name of investors; or (3) otherwise in reflect the name change of NYSE MKT change from NYSE MKT to NYSE furtherance of the purposes of the Act. to NYSE American. American. The proposed rule change, If the Commission takes such action, the The text of the proposed rule change therefore, removes impediments to and Commission shall institute proceedings is available at the Exchange’s Web site perfects the mechanism of a free and to determine whether the proposed rule at www.bats.com, at the princiopal [sic] open market and a national market should be approved or disapproved. office of the Exchange, and at the system because it updates the rule to IV. Solicitation of Comments Commission’s Public Reference Room. reflect the name change and does not alter the way in which orders in NYSE Interested persons are invited to II. Self-Regulatory Organization’s American listed securities are handled submit written data, views, and Statement of the Purpose of, and and routed. arguments concerning the foregoing, Statutory Basis for, the Proposed Rule including whether the proposed rule Change (B) Self-Regulatory Organization’s change is consistent with the Act. Statement on Burden on Competition Comments may be submitted by any of In its filing with the Commission, the the following methods: Exchange included statements The Exchange does not believe that concerning the purpose of and basis for the proposed rule change will have any Electronic Comments the proposed rule change and discussed impact on competition as it affect • competition [sic] as it is not designed to Use the Commission’s Internet any comments it received on the comment form (http://www.sec.gov/ proposed rule change. The text of these alter the way in which orders in NYSE American listed securities are handled rules/sro.shtml); or statements may be examined at the • Send an email to rule-comments@ and routed. It is simply intended to places specified in Item IV below. The sec.gov. Please include File Number SR– reflect the name change from NYSE Exchange has prepared summaries, set BatsBYX–2017–23 on the subject line. forth in Sections A, B, and C below, of MKT to NYSE American. Paper Comments the most significant parts of such (C) Self-Regulatory Organization’s statements. Statement on Comments on the • Send paper comments in triplicate (A) Self-Regulatory Organization’s Proposed Rule Change Received From to Brent J. Fields, Secretary, Securities Statement of the Purpose of, and Members, Participants or Others and Exchange Commission, 100 F Street NE., Washington, DC 20549–1090. Statutory Basis for, the Proposed Rule The Exchange has neither solicited All submissions should refer to File Change nor received written comments on the Number SR–BatsBYX–2017–23. This proposed rule change. 1. Purpose file number should be included on the III. Date of Effectiveness of the subject line if email is used. To help the On March 21, 2017, NYSE MKT LLC Proposed Rule Change and Timing for Commission process and review your filed a proposed rule change to change Commission Action comments more efficiently, please use its name to NYSE American LLC.5 The only one method. The Commission will Exchange now proposes to replace Because the foregoing proposed rule post all comments on the Commission’s references to NYSE MKT within its change does not: (A) Significantly affect Internet Web site (http://www.sec.gov/ rules with NYSE American. In the protection of investors or the public rules/sro.shtml). Copies of the particular, the Exchange proposes to interest; (B) impose any significant submission, all subsequent replace references to NYSE MKT with burden on competition; and (C) by its amendments, all written statements NYSE American in Rule 11.23(c)(1), terms, become operative for 30 days with respect to the proposed rule Opening Process; and Rule 11.26(a), from the date on which it was filed or change that are filed with the Usage of Data Feeds. The Exchange does such shorter time as the Commission Commission, and all written not proposes [sic] to amend the may designate it has become effective communications relating to the operation of these rules in any other pursuant to Section 19(b)(3)(A) of the proposed rule change between the respect. Act 8 and paragraph (f)(6) of Rule 19b–4 thereunder,9 the Exchange has Commission and any person, other than those that may be withheld from the 3 15 U.S.C. 78s(b)(3)(A). public in accordance with the 4 17 CFR 240.19b–4(f)(6)(iii). 6 15 U.S.C. 78f(b). 5 See Securities Exchange Act Release No. 80283 7 15 U.S.C. 78f(b)(5). provisions of 5 U.S.C. 552, will be (March 21, 2017), 82 FR 15244 (March 27, 2017) 8 15 U.S.C. 78s(b)(3)(A). available for Web site viewing and (SR–NYSEMKT–2017–14). 9 17 CFR 240.19b–4. printing in the Commission’s Public

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Reference Room, 100 F Street NE., applicable to Equity Index-Linked Equity Index-Linked Securities are Washington, DC 20549, on official Securities. The proposed rule change is securities that provide for the payment business days between the hours of available on the Exchange’s Web site at at maturity (or earlier redemption) based 10:00 a.m. and 3:00 p.m. Copies of the www.nyse.com, at the principal office of on the performance of an underlying filing also will be available for the Exchange, and at the Commission’s index or indexes of equity securities, inspection and copying at the principal Public Reference Room. securities of closed end management office of the Exchange. All comments II. Self-Regulatory Organization’s investment companies registered under received will be posted without change; 7 Statement of the Purpose of, and the Investment Company Act of 1940 the Commission does not edit personal Statutory Basis for, the Proposed Rule and/or Units.8 In addition to certain identifying information from Change other generic listing criteria, Equity submissions. You should submit only In its filing with the Commission, the Index-Linked Securities must satisfy the information that you wish to make generic quantitative initial and available publicly. All submissions self-regulatory organization included continued listing criteria under NYSE should refer to File Number SR– statements concerning the purpose of, American Rule 5.2E(j)(6)(B)(I) in order BatsBYX–2017–23 and should be and basis for, the proposed rule change to become, and continue to be, listed submitted on or before October 25, and discussed any comments it received and traded on the Exchange. Certain of 2017. on the proposed rule change. The text of those statements may be examined at the applicable quantitative criteria For the Commission, by the Division of the places specified in Item IV below. specify minimum or maximum Trading and Markets, pursuant to delegated thresholds that must be satisfied with authority.10 The Exchange has prepared summaries, respect to, for example, market value, Eduardo A. Aleman, set forth in sections A, B, and C below, of the most significant parts of such trading volume, and dollar weight of the Assistant Secretary. statements. index represented by a single [FR Doc. 2017–21277 Filed 10–3–17; 8:45 am] component or groups of components. BILLING CODE 8011–01–P A. Self-Regulatory Organization’s Statement of the Purpose of, and the The applicable initial quantitative Statutory Basis for, the Proposed Rule listing criteria include (i) that each SECURITIES AND EXCHANGE Change underlying index is required to have at COMMISSION least ten component securities; 9 (ii) that 1. Purpose each component security has a [Release No. 34–81755; File No. SR– The Exchange proposes to amend NYSEAMER–2017–19] minimum market value of at least $75 NYSE American Rule 5.2E(j)(6) to million, except that for each of the Self-Regulatory Organizations; NYSE exclude Investment Company Units lowest dollar weighted component American LLC; Notice of Filing and (‘‘Units’’) and securities defined in securities in the index that in the Immediate Effectiveness of Proposed Section 2 of NYSE American Rule 8E aggregate account for no more than 10% Rule Change To Amend NYSE (collectively, together with Units, of the dollar weight of the index, the 4 American Rule 5.2E (j)(6) ‘‘Derivative Securities Products’’), as market value can be at least $50 million; 5 well as Index-Linked Securities, when (iii) that component stocks that in the September 28, 2017. applying the quantitative generic listing aggregate account for at least 90% of the 1 Pursuant to Section 19(b)(1) of the criteria applicable to Equity Index- weight of the index each have a Securities Exchange Act of 1934 (the Linked Securities.6 2 3 minimum global monthly trading ‘‘Act’’) and Rule 19b–4 thereunder, volume of 1,000,000 shares, or 4 notice is hereby given that on Units are securities that represent an interest in minimum global notional volume traded September 18, 2017, NYSE American a registered investment company that could be per month of $25,000,000, averaged over LLC (the ‘‘Exchange’’ or ‘‘NYSE organized as a unit investment trust, an open-end management investment company, or a similar the last six months; (iv) that no American’’) filed with the Securities entity, that holds securities comprising, or underlying component security and Exchange Commission (the otherwise based on or representing an interest in, represents more than 25% of the dollar ‘‘Commission’’) the proposed rule an index or portfolio of securities or securities in another registered investment company that holds weight of the index, and the five highest change as described in Items I and II such securities. See NYSE American Rule 5.2E(j)(3). dollar weighted component securities in below, which Items have been prepared The following securities currently are included in by the Exchange. The Commission is Section 2 of NYSE American Rule 8E: Portfolio the index do not in the aggregate publishing this notice to solicit Depositary Receipts (Rule 8.100E); Trust Issued account for more than 50% of the dollar Receipts (Rule 8.200E); Commodity-Based Trust comments on the proposed rule change weight of the index (60% for an index Shares (Rule 8.201E); Currency Trust Shares (Rule consisting of fewer than 25 component from interested persons. 8.202E); Commodity Index Trust Shares (Rule 8.203E); Commodity Futures Trust Shares (Rule securities); and (v) that 90% of the I. Self-Regulatory Organization’s 8.204E); Partnership Units (Rule 8.300E); Paired index’s numerical value and at least Statement of the Terms of Substance of Trust Shares (Rule 8.400E); Trust Units (Rule 80% of the total number of component the Proposed Rule Change 8.500E); Managed Fund Shares (Rule 8.600E); and Managed Trust Securities (Rule 8.700E). securities meet the then current criteria The Exchange proposes to amend 5 Index-Linked Securities are securities that for standardized option trading set forth NYSE American Rule 5.2E(j)(6) to qualify for Exchange listing and trading under in Rule 915; except that an index will exclude Investment Company Units, NYSE American Rule 5.2E(j)(6). The securities not be subject to this last requirement if described in Rule 5.2E(j)(3), Rule 5.2E(j)(6) and securities defined in Section 2 of NYSE Section 2 of Rule 8E, as referenced above, would (a) no underlying component security American Rule 8E and Index-Linked include securities listed on another national represents more than 10% of the dollar Securities when applying the securities exchange pursuant to substantially weight of the index and (b) the index quantitative generic listing criteria equivalent listing rules. 6 The Commission has approved amendments to NYSE Arca Rule 5.2E(j)(6) that are substantially to amend the generic listing criteria applicable to 10 17 CFR 200.30–3(a)(12). identical to those proposed herein. See Securities Equity Index-Linked Securities). 1 15 U.S.C. 78s(b)(1). Exchange Act Release No. 81442 (August 18, 2017), 7 15 U.S.C. 80–1. 2 15 U.S.C. 78a. 82 FR 40178 (August 24, 2017) (SR–NYSEArca– 8 See Rule 5.2E(j)(6)(B)(I)(1). 3 17 CFR 240.19b–4. 2017–54) (order approving a proposed rule change 9 See Rule 5.2E(j)(6)(B)(I)(1)(a).

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has a minimum of 20 components.10 for example, when determining quantitative criteria (e.g., market The applicable continued quantitative compliance with NYSE American Rule capitalization, trading volume, or listing criteria require that component 5.2E(j)(6)(B)(I)(1)(b)(ii), component component weighting) applicable to stocks that in the aggregate account for stocks, excluding Derivative Securities securities that are not Derivative at least 90% of the weight of the index Products or Index-Linked Securities, Securities Products or Index-Linked each have a minimum global monthly that in the aggregate account for at least Securities (e.g., common stocks) to such trading volume of 500,000 shares, or 90% of the remaining index weight products. Finally, by way of minimum global notional volume traded would be required to have a minimum comparison, Derivative Securities per month of $12,500,000, averaged over global monthly trading volume of 1 Products are excluded from the last six months.11 million shares, or minimum global consideration when determining The Exchange proposes to amend notional volume traded per month of 25 whether the components of Units satisfy NYSE American Rule million, averaged over the last six the applicable listing criteria in Rule 5.2E(j)(6)(B)(I)(1)(a), which provides that months. 5.2E(j)(3),17 and both Derivative each underlying index is required to The Exchange proposes further to Securities Products and Index-Linked have at least ten component securities, provide that the weighting limitation for Securities are excluded from the to provide that there will be no the five highest weighted component applicable listing criteria for Managed minimum number of component securities in an index in NYSE Fund Shares holding equity securities in securities if one or more issues of American Rules 5.2E(j)(6)(B)(I)(1)(b)(iii) Commentary .01 to Rule 8.600E.18 Derivative Securities Products or Index- and 5.2E(j)(6)(B)(I)(2)(a)(i) would apply The Exchange also proposes (1) to Linked Securities constitute, at least in ‘‘to the extent applicable.’’ 14 When replace ‘‘investment company units’’ part, component securities underlying considered in conjunction with the with ‘‘Investment Company Units’’ in an issue of Equity Index-Linked proposed amendment to NYSE two places in NYSE American Rule Securities. The proposed amendment to American Rule 5.2E(j)(6)(B)(I)(1)(a) 5.2E(j)(6)(B)(I)(1) in order to conform to NYSE American Rule referenced above, this language would other usages of this term in Exchange 5.2E(j)(6)(B)(I)(1)(a) also would provide make clear that an index that includes rules; and (2) to replace the word that the securities described in Rule Derivative Securities Products or Index- ‘‘Index’’ with ‘‘index’’ in two places in 5.2E(j)(3)) and Section 2 of Rule 8E (that Linked Securities may include fewer Rule 5.2E(j)(6)(B)(I)(2)(a)(i) to conform is, Derivative Securities Products), and than five component securities. to other usages of this word in Rule Rule 5.2E(j)(6) (that is, Index-Linked The Exchange believes that it is 5.2E(j)(6)(B)(I)(2). Securities), as referenced in proposed appropriate to exclude Derivative The Exchange notes that the proposed amended Rule 5.2E(j)(6)(B)(I)(1)(b)(2) Securities Products and Index-Linked change is not otherwise intended to and Rule 5.2E(j)(6)(B)(I)(2)(a) would Securities from the generic listing and address any other issues and that the include securities listed on another continued listing criteria specified Exchange is not aware of any problems national securities exchange pursuant to above for Equity Index-Linked that ETP Holders or issuers would have substantially equivalent listing rules.12 Securities because Derivative Securities in complying with the proposed change. Products and Index-Linked Securities The Exchange also proposes to 2. Statutory Basis exclude Derivative Securities Products that may be included in an index or The Exchange believes that the and Index-Linked Securities from portfolio underlying a series of Equity proposed rule change is consistent with consideration when determining Index-Linked Securities are themselves Section 6(b) of the Act,19 in general, and whether the applicable quantitative subject to specific initial and continued furthers the objectives of Section 6(b)(5) generic thresholds have been satisfied listing requirements of the exchange on of the Act,20 in particular, because it is under the initial listing standards which they are listed. For example, designed to prevent fraudulent and specified in NYSE American Rule Units listed and traded on the Exchange manipulative acts and practices, to 5.2E(j)(6)(B)(I)(1)(b)(i)–(iv) and the are subject to the listing standards promote just and equitable principles of continued listing standards specified in specified under NYSE American Rule 5.2E(j)(3). Also, Derivative Securities trade, to remove impediments to, and NYSE American Rules perfect the mechanism of a free and 5.2E(j)(6)(B)(I)(2)(a)(i) and (ii).13 Thus, Products and Index-Linked Securities would have been listed and traded on open market and, in general, to protect

10 an exchange pursuant to a filing investors and the public interest. See Rule 5.2E(j)(6)(B)(I)(1)(b)(i)–(iv). The Exchange believes that the 11 See Rule 5.2E(j)(6)(B)(I)(2)(a)(ii). submitted under Sections 19(b)(2) or 12 This provision is similar to that in Commentary 19(b)(3)(A) of the Act,15 or would have proposed change would facilitate the .01(a) to NYSE American Rule 8.600E relating to been listed by an exchange pursuant to listing and trading of additional types of generic listing criteria applicable to issues of the requirements of Rule 19b–4(e) under Equity Index-Linked Securities, which Managed Fund Shares. the Act.16 Derivative Securities Products would enhance competition among 13 NYSE American Rules 5.2E(j)(6)(B)(I)(2)(a)(i) market participants, to the benefit of and (ii) provide that the Exchange will maintain and Index-Linked Securities are surveillance procedures for securities listed under derivatively priced, and, therefore, the Rule 5.2E(j)(6) and may halt trading in such Exchange does not believe that it is 17 See Commentary .01 to NYSE American Rule securities and will initiate delisting proceedings necessary to apply the generic 5.2E(j)(3). See also, Securities Exchange Act Release pursuant to Rule 5.5E(m) (unless the Commission No. 57751 (May 1, 2008), 73 FR 25818 (May 7, has approved the continued trading of the subject 2008) (SR–NYSEArca–2008–29) (order approving Index-Linked Security), if any of the standards set at least 90% of the weight of the index each will amendments to the eligibility criteria for forth in Rules 5.2E(j)(6)(B)(I)(1)(a) and have a minimum global monthly trading volume of components of an index underlying Investment 5.2E(j)(6)(B)(I)(1)(b)(2) are not continuously 500,000 shares, or minimum global notional volume Company Units). maintained, except that: (i) The criteria that no traded per month of $12,500,000, averaged over the 18 See Commentary .01 to NYSE American Rule single component represent more than 25% of the last six months (Rule 5.2E(j)(6)(B)(I)(2)(a)(ii)). 8.600E. See also, Securities Exchange Act Release dollar weight of the index and the five highest 14 The phrase ‘‘to the extent applicable’’ also is No. 78397 (July 22, 2016), 81 FR 49320 (July 27, dollar weighted components in the index cannot included in Commentary .01(a)(A)(3) to NYSE 2016) (SR–NYSEArca–2015–110) (order approving represent more than 50% (or 60% for indexes with American Rule 5.2E(j)(3) for Investment Company amendments to NYSE Arca Equities Rule 8.600 to less than 25 components) of the dollar weight of the Units and Commentary .01(a)(1)(C) to NYSE adopt generic listing standards for Managed Fund index, need only be satisfied at the time the index American Rule 8.600E for Managed Fund Shares. Shares). is rebalanced (Rule 5.2E(j)(6)(B)(I)(2)(a)(i)), and (ii) 15 15 U.S.C. 78s(b)(2); 15 U.S.C. 78s(b)(3)(A). 19 15 U.S.C. 78f(b). component stocks that in the aggregate account for 16 17 CFR 240.19b–4(e). 20 15 U.S.C. 78f(b)(5).

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investors and the marketplace. The or 19(b)(3)(A) of the Act,23 or would Section 19(b) of the Act regarding a proposed change would also result in have been listed by an exchange particular Derivative Securities Product greater efficiencies in the listing process pursuant to the requirements of Rule or Index-Linked Securities, which is with respect to Equity Index-Linked 19b–4(e) under the Act.24 The Exchange subject to the representations and Securities by eliminating an believes that quantitative factors—such restrictions included in such proposed unnecessary consideration regarding as market value, global monthly trading rule change. underlying components, which would volume, or weighting—when applied to The Exchange also believes it is therefore remove impediments to, and index components (such as common appropriate to exclude Derivative perfect the mechanism of, a free and stocks) underlying a series of Equity Securities Products and Index-Linked open market. In addition, the proposed Index-Linked Securities, are relevant Securities from the requirement under amendment to the Equity Index-Linked criteria in establishing that such series NYSE American Rule Securities listing criteria is intended to is sufficiently broad-based to minimize 5.2E(j)(6)(B)(I)(1)(b)(iv) that 90% of the protect investors and the public interest potential manipulation.25 Derivative applicable index’s numerical value and in that it is consistent with the manner Securities Products and Index-Linked at least 80% of the total number of in which Derivative Securities Products Securities, however, are derivatively component securities will meet the are also excluded from consideration priced, and, therefore, the Exchange criteria for standardized option trading when determining whether the does not believe that it is necessary to set forth in Rule 915. Rule 915 includes components of an index or portfolio apply the generic quantitative criteria criteria for securities underlying option underlying an issue of Units satisfy the applicable to securities that are not contracts approved for listing and applicable listing criteria,21 and both Derivative Securities Products and trading on the Exchange. Among such Derivative Securities Products and Index-Linked Securities (e.g., common criteria are those applicable to Index-Linked Securities are excluded stocks) to such products. As noted ‘‘Exchange-Traded Fund Shares’’ (as from the applicable listing criteria for above, Derivative Securities Products referenced in Rule 915, Commentary Managed Fund Shares holding equity are excluded from consideration on .06(a)), Trust Issued Receipts (as securities in Commentary .01 to Rule NYSE American when determining referenced in Rule 915, Commentary 8.600E.22 Additionally, Equity Index- whether the components of Units satisfy .07(a)), and Index-Linked Securities (as Linked Securities would remain subject the applicable listing criteria,26 and both referenced in Rule 915, Commentary to all existing listing standards, thereby Derivative Securities Products and .11) that underlie Exchange-traded maintaining existing levels of investor Index-Linked Securities are excluded option contracts. The Exchange does not protection. The Exchange believes that from the applicable listing criteria for believe that criteria in Rule 915 should the proposed rule change is designed to Managed Fund Shares holding equity be applied to Derivative Securities prevent fraudulent and manipulative securities in Commentary .01 to Rule Products and Index-Linked Securities acts and practices because the Equity 8.600E. Moreover, for shares of because such securities are subject to Index-Linked Securities would continue Derivative Securities Products that are separate numerical and other criteria to be listed and traded on the Exchange not listed on an exchange pursuant to an included in the applicable exchange pursuant to the initial and continued exchange’s generic listing rules, the listing rules, including both generic listing criteria in Rule 5.2E(j)(6). Commission must first approve an listing rules permitting listing pursuant Further, the proposed change would not exchange’s proposed rule change under to Rule 19b–4(e) and non-generic listing impact the existing listing process for rules. Derivative Securities Products Derivative Securities Products and 23 15 U.S.C. 78s(b)(2); 15 U.S.C. 78s(b)(3)(A). and Index-Linked Securities that are the Index-Linked Securities, whereby the 24 17 CFR 240.19b–4(e). subject of a Commission approval order exchanges on which such securities are 25 See, e.g., Securities Exchange Act Release No. under Section 19(b) of the Act also are listed must, for example, submit 54739 (November 9, 2006), 71 FR 66693 (SR– subject to specific representations made proposed rule changes with the Amex–2006–78) (order approving generic listing standards for Portfolio Depositary Receipts and in the applicable Rule 19b–4 filing. Commission prior to listing and trading. Index Fund Shares based on international or global These include representations regarding The Exchange believes that it is indexes), in which the Commission stated that the existence of comprehensive appropriate to exclude Derivative ‘‘these standards are reasonably designed to ensure that stocks with substantial market capitalization surveillance agreements between the Securities Products and Index-Linked applicable exchange and the principal Securities from the generic criteria and trading volume account for a substantial portion of any underlying index or portfolio, and markets for certain financial specified above for Equity Index-Linked that when applied in conjunction with the other instruments underlying Derivative Securities because Derivative Securities applicable listing requirements, will permit the Securities Products, or percentage Products and Index-Linked Securities listing only of ETFs that are sufficiently broad- limitations on assets (e.g., non-U.S. that may be included in an index or based in scope to minimize potential manipulation.’’ stocks, futures and options) whose portfolio underlying a series of Equity 26 See Commentary .01 to NYSE American Rule principal market is not a member of the Index-Linked Securities are themselves 5.2E(j)(3). See also Securities Exchange Act Release Intermarket Surveillance Group subject to specific initial and continued No. 57751 (May 1, 2008), 73 FR 25818 (May 7, (‘‘ISG’’).27 listing requirements of the exchange on 2008) (SR–NYSEArca–2008–29) (order approving which they are listed. For example, amendments to eligibility criteria for components of an index underlying Investment Company Units), in 27 See, e.g., Securities Exchange Act Release No. Units listed and traded on the Exchange which the Commission noted that ‘‘based on the 76719 (December 21, 2015), 80 FR 80859 (December are subject to the listing standards trading characteristics of Derivative Securities 28, 2015) (order approving Exchange listing and specified under NYSE American Rule Products, it may be difficult for component trading of shares of the Guggenheim Total Return 5.2E(j)(3). Also, such Derivative Derivative Securities Products to satisfy certain Bond ETF (‘‘Fund’’) under NYSE Arca Equities Rule quantitative index criteria, such as the minimum 8.600), which filing stated: ‘‘Not more than 10% of Securities Products and Index-Linked market value and trading volume limitations. the net assets of the Fund in the aggregate invested Securities would have been listed and However, because Derivative Securities Products in equity securities (other than non exchange-traded traded on an exchange pursuant to a are themselves subject to specific initial and investment company securities) will consist of filing submitted under Sections 19(b)(2) continued listing requirements, the Commission equity securities whose principal market is not a believes that it would be reasonable to exclude member of the ISG or is a market with which the Derivative Securities Products, as components, from Exchange does not have a comprehensive 21 See supra, note 17. certain index component eligibility criteria for surveillance sharing agreement. In addition, not 22 See supra, note 18. [Investment Company] Units.’’ Continued

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The Exchange believes it is B. Self-Regulatory Organization’s approved for the NYSE Arca exchange appropriate to provide that the Statement on Burden on Competition and that trading on the Exchange weighting limitation for the five highest In accordance with Section 6(b)(8) of pursuant to unlisted trading privileges weighted component securities in an the Act,28 the Exchange does not believe of issues of Index-Linked Securities that index in NYSE American Rules that the proposed rule change will conform to the requirements of 5.2E(j)(6)(B)(I)(1)(b)(iii) and impose any burden on competition that amended NYSE American Rule 5.2E(j)(6)(B)(I)(2)(a)(i) would apply ‘‘to is not necessary or appropriate in 5.2E(j)(6) would further competition the extent applicable.’’ When furtherance of the purposes of the Act. among exchange markets. The considered in conjunction with the Instead, the Exchange believes that the Commission believes that waiving the 30-day operative delay is consistent proposed amendment to NYSE proposed change will encourage with the protection of investors and the American Rule 5.2E(j)(6)(B)(I)(1)(a) competition by enabling additional public interest because permitting the referenced above, this language would types of Equity Index-Linked Securities to be traded on the Exchange and, by Exchange without delay to trade issues make clear that an index that includes of Index-Linked Securities that conform Derivative Securities Products or Index- eliminating an unnecessary consideration regarding underlying to the proposed requirements of NYSE Linked Securities may include fewer American Rule 5.2E(j)(6)—which are than five component securities. In components, create a more efficient process surrounding the trading of substantively identical to previously addition, the phrase ‘‘to the extent Equity Index-Linked Securities. approved rules of another exchange— applicable’’ is included in Commentary would further competition among .01(a)(A)(3) to NYSE American Rule C. Self-Regulatory Organization’s exchanges trading these securities. 5.2E(j)(3) for Investment Company Units Statement on Comments on the Therefore, the Commission hereby and Commentary .01(a)(1)(C) to NYSE Proposed Rule Change Received From waives the operative delay and American Rule 8.600E for Managed Members, Participants, or Others designates the proposal operative upon Fund Shares. No written comments were solicited filing.33 At any time within 60 days of the The proposed replacement of or received with respect to the proposed rule change. filing of the proposed rule change, the ‘‘investment company units’’ with Commission summarily may ‘‘Investment Company Units’’ in two III. Date of Effectiveness of the temporarily suspend such rule change if places in NYSE American Rule Proposed Rule Change and Timing for it appears to the Commission that such 5.2E(j)(6)(B)(I)(1) is appropriate as such Commission Action action is: (i) Necessary or appropriate in changes conform to other usages of this Because the foregoing proposed rule the public interest; (ii) for the protection term in Exchange rules. The proposed change does not: (i) Significantly affect of investors; or (iii) otherwise in replacement of the word ‘‘Index’’ with the protection of investors or the public furtherance of the purposes of the Act. ‘‘index’’ in two places in Rule interest; (ii) impose any significant If the Commission takes such action, the 5.2E(j)(6)(B)(I)(2)(a)(i) is appropriate as burden on competition; and (iii) become Commission will institute proceedings such changes would conform to other operative for 30 days from the date on to determine whether the proposed rule usages of this word in Rule which it was filed, or such shorter time should be approved or disapproved. as the Commission may designate, it has 5.2E(j)(6)(B)(I)(2). IV. Solicitation of Comments The Exchange has in place become effective pursuant to Section 19(b)(3)(A)(iii) of the Act 29 and Interested persons are invited to surveillance procedures that are subparagraph (f)(6) of Rule 19b–4 submit written data, views, and adequate to properly monitor trading in thereunder.30 arguments concerning the foregoing, Index-Linked Securities in all trading A proposed rule change filed including whether the proposed rule sessions and to deter and detect pursuant to Rule 19b–4(f)(6) under the change is consistent with the Act. violations of Exchange rules and Act 31 normally does not become Comments may be submitted by any of applicable federal securities laws. All operative for 30 days after the date of its the following methods: Index-Linked Securities listed and 32 filing. However, Rule 19b–4(f)(6)(iii) Electronic Comments traded pursuant to NYSE American Rule permits the Commission to designate a • 5.2E(j)(6) are included within the shorter time if such action is consistent Use the Commission’s Internet definition of ‘‘security’’ or ‘‘securities’’ with the protection of investors and the comment form (http://www.sec.gov/ public interest. The Exchange has asked rules/sro.shtml); or as such terms are used in the Exchange • rules and, as such, are subject to the Commission to waive the 30-day Send an email to rule-comments@ Exchange rules and procedures that operative delay so that the proposal may sec.gov. Please include File Number SR– NYSEAMER–2017–19 on the subject currently govern the trading of become operative immediately upon line. securities on the Exchange. Trading in filing. According to the Exchange, the the securities will be halted under the proposed rule change is substantively Paper Comments identical to rule changes previously conditions specified in NYSE American • Send paper comments in triplicate Rule 5.2E(j)(6)(E). 28 15 U.S.C. 78f(b)(8). to Brent J. Fields, Secretary, Securities For these reasons, the Exchange 29 15 U.S.C. 78s(b)(3)(A)(iii). and Exchange Commission, 100 F Street believes that the proposal is consistent 30 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– NE., Washington, DC 20549–1090. with the Act. 4(f)(6) requires a self-regulatory organization to give All submissions should refer to File the Commission written notice of its intent to file Number SR–NYSEAMER–2017–19. This the proposed rule change, along with a brief more than 10% of the net assets of the Fund in the description and text of the proposed rule change, file number should be included on the aggregate invested in futures contracts or exchange- at least five business days prior to the date of filing traded options contracts will consist of futures of the proposed rule change, or such shorter time 33 For purposes only of waiving the 30-day contracts or exchange-traded options contracts as designated by the Commission. The Exchange operative delay, the Commission has also whose principal market is not a member of ISG or has satisfied this requirement. considered the proposed rule’s impact on is a market with which the Exchange does not have 31 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See a comprehensive surveillance sharing agreement.’’ 32 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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subject line if email is used. To help the the Act declaring it to be primarily market utility (‘‘SIFMU’’) by the Commission process and review your engaged in a business other than that of Financial Stability Oversight Council comments more efficiently, please use investing, reinvesting, owning, holding (‘‘FSOC’’) under Title VIII of The Dodd- only one method. The Commission will or trading in securities. Applicant is Frank Wall Street Reform and Consumer post all comments on the Commission’s primarily in the business of providing Protection Act (‘‘Dodd-Frank Act’’). As Internet Web site (http://www.sec.gov/ clearing, settlement, risk management, a registered clearing agency, Applicant rules/sro.shtml). Copies of the central counterparty (‘‘CCP’’) and is regulated by the Commission. As a submission, all subsequent ancillary services to the registered SIFMU, Applicant is subject to amendments, all written statements broker-dealers, banks and other market enhanced supervision by the with respect to the proposed rule participants that are its ‘‘Members’’, as Commission in consultation with the change that are filed with the such term is defined in the rules and Board of Governors of the Federal Commission, and all written procedures of Applicant (‘‘NSCC Reserve System (‘‘FRB’’).1 communications relating to the Rules’’). 2. Applicant is a wholly-owned proposed rule change between the FILING DATE: The application was filed subsidiary of The Depository Trust & Commission and any person, other than on September 8, 2017. Clearing Corporation (‘‘DTCC’’). those that may be withheld from the HEARING OR NOTIFICATION OF HEARING: An Applicant has one authorized class of public in accordance with the order granting the requested relief will stock, which is common stock. All provisions of 5 U.S.C. 552, will be be issued unless the Commission orders issued and outstanding shares of available for Web site viewing and a hearing. Interested persons may Applicant’s common stock are held by printing in the Commission’s Public request a hearing by writing to the DTCC and there are no plans to alter Reference Room, 100 F Street NE., Commission’s Secretary and serving this wholly-owned subsidiary structure. Washington, DC 20549 on official applicant with a copy of the request, There is no trading market in business days between the hours of personally or by mail. Hearing requests Applicant’s shares. 10:00 a.m. and 3:00 p.m. Copies of the should be received by the Commission 3. Applicant provides clearing, filing also will be available for by 5:30 p.m. on October 23, 2017, and settlement, risk management and CCP inspection and copying at the principal should be accompanied by proof of services to its Members for broker-to- office of the Exchange. All comments service on applicant, in the form of an broker trades in the United States received will be posted without change; affidavit or, for lawyers, a certificate of involving equities, corporate and the Commission does not edit personal service. Hearing requests should state municipal debt, American depositary identifying information from the nature of the writer’s interest, the receipts, exchange traded funds and submissions. You should submit only reason for the request, and the issues unit investment trusts. In addition to information that you wish to make contested. Persons who wish to be these core services, Applicant also offers available publicly. All submissions notified of a hearing may request ancillary, non-guaranteed services, should refer to File Number SR– notification by writing to the including wealth management services NYSEAMER–2017–19, and should be Commission’s Secretary. (‘‘WMS’’) and insurance and retirement submitted on or before October 25, ADDRESSES: Secretary, Securities and services (‘‘I&RS’’), which automate 2017. Exchange Commission, 100 F Street NE., manual processes in the mutual funds, insurance and alternative investment For the Commission, by the Division of Washington, DC 20549–1090. Trading and Markets, pursuant to delegated Applicant, c/o David F. Freeman, Jr., products areas. Applicant’s operations authority.34 Arnold & Porter LLP, 601 Massachusetts are national. 4. Applicant operates a continuous Eduardo A. Aleman, Avenue NW., Washington, DC 20001. net settlement (‘‘CNS’’) system, through FOR FURTHER INFORMATION CONTACT: Assistant Secretary. which the trades in CNS-eligible [FR Doc. 2017–21280 Filed 10–3–17; 8:45 am] Jennifer O. Palmer, Senior Counsel, at securities are processed. Applicant acts BILLING CODE 8011–01–P (202) 551–5786, or Nadya B. Roytblat, as a CCP in respect of such CNS trades, Assistant Chief Counsel, at (202) 551– becoming the buyer to every seller and 6825 (Division of Investment the seller to every buyer, thereby SECURITIES AND EXCHANGE Management, Chief Counsel’s Office). guaranteeing the completion of such COMMISSION SUPPLEMENTARY INFORMATION: The trades and eliminating counterparty risk [Investment Company Act Release No. following is a summary of the among its Members. As a result, 32839; File No. 812–14818] application. The complete application Applicant has obligations to and claims may be obtained via the Commission’s against its Members on opposite sides of National Securities Clearing Web site by searching for the file guaranteed netted transactions. Corporation number, or applicant using the Applicant also provides a trade Company name box, at http:// guarantee with respect to balance order September 28, 2017. www.sec.gov/search/search.htm or by AGENCY: Securities and Exchange transactions. calling (202) 551–8090. 5. Due to the nature of Applicant’s Commission (‘‘Commission’’). Applicant’s Representations operations and the large volume and ACTION: Notice. Notice of application for dollar value of trades that it guarantees, an order under section 3(b)(2) of the 1. Formed in 1976, Applicant is Applicant maintains a large clearing Investment Company Act of 1940 organized under the Business fund (‘‘Clearing Fund’’) and a large (‘‘Act’’). Corporation Law of the State of New amount of other cash on hand. The York and is registered as a clearing Clearing Fund consists of deposits (i.e., APPLICANT: National Securities Clearing agency under the Securities and margin and other contributions) posted Corporation (‘‘NSCC’’). Exchange Act of 1934, as amended by Members in the form of cash and SUMMARY OF APPLICATION: Applicant (‘‘Exchange Act’’), and the rules and seeks an order under Section 3(b)(2) of regulations thereunder (‘‘Exchange Act 1 See Securities Exchange Act Release No. 34– Rules’’). Applicant is also designated as 78961 (Sep. 28, 2016), 81 FR 70786, 70788 (Oct. 13, 34 17 CFR 200.30–3(a)(12). a systemically important financial 2016).

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eligible securities. Pursuant to the NSCC to Exchange Act Rule 19b–4, with of its total assets in bank CDs and other Rules, Members are required to confidential treatment requested. investment securities and, upon such maintain deposits in the Clearing Fund. change in composition of its assets, it Applicant’s Legal Analysis The amount of each Member’s required will not meet the requirements of Rule deposit is calculated by Applicant using 1. Section 3(a)(l)(A) of the Act defines 3a–1. a risk-based margin methodology. the term ‘‘investment company’’ to 3. Section 3(b)(2) of the Act provides 6. Applicant uses the Clearing Fund, include an issuer that is or holds itself that, notwithstanding Section 3(a)(l)(C) among other resources, to manage its out as being engaged primarily, or of the Act, the Commission may issue risks related to its trade guarantee. proposes to engage primarily, in the an order declaring an issuer to be Specifically, deposits in the Clearing business of investing, reinvesting or primarily engaged in a business other Fund, among other resources, are trading in securities. Section 3(a)(l)(C) of than that of investing, reinvesting, available to Applicant to facilitate the Act further defines an investment owning, holding, or trading in securities settlement in the event of a Member company as an issuer that is engaged or directly, through majority-owned default and to cover potential losses due proposes to engage in the business of subsidiaries, or controlled companies to such an event. Additionally, investing, reinvesting, owning, holding conducting similar types of businesses. Applicant uses its liquid assets to meet or trading in securities, and owns or Applicant requests an order under the requirements imposed on it as a proposes to acquire investment Section 3(b)(2) of the Act declaring that registered clearing agency and SIFMU securities having a value in excess of 40 it is primarily engaged in a business and to generate revenue to the extent percent of the value of the issuer’s total other than that of investing, reinvesting, such assets are not otherwise being put assets (exclusive of Government owning, holding or trading in securities, to productive use. securities and cash items) on an and therefore is not an investment unconsolidated basis. Applicant states 7. To more efficiently utilize Clearing company as defined in the Act. In that it does not hold itself out as being Fund cash and other cash on hand, determining whether an issuer is engaged primarily in the business of Applicant seeks to prudently invest part ‘‘primarily engaged’’ in a non- investing, reinvesting or trading in of the Clearing Fund cash and other investment company business under securities within the meaning of Section cash on hand in bank certificates of Section 3(b)(2) of the Act, the 3(a)(l)(A) of the Act. Applicant states deposit (‘‘CDs’’) and other investment Commission considers the following that it does not currently hold, but has factors: (a) The company’s historical securities. The managed investment of 4 previously held and may again wish to development, (b) its public cash on hand also provides a measure hold, more than 40 percent of its total of protection against inflationary factors representations of policy, (c) the assets, exclusive of Government activities of its officers and directors, (d) and bolsters and protects NSCC’s securities and cash items, in bank CDs financial position over time. the nature of its present assets, and (e) and other investment securities. Upon the sources of its present income.5 8. Applicant is permitted under the such change in composition of its assets, NSCC Rules to invest Clearing Fund 4. Applicant submits that it satisfies Applicant might fall within the the criteria for issuance of an order cash in accordance with an investment definition of investment company under policy approved by Applicant’s board of under Section 3(b)(2) of the Act because Section 3(a)(l)(C) of the Act. the facts show that Applicant is directors (‘‘Board of Directors’’). 2. Rule 3a–1 under the Act provides Applicant is also permitted to invest primarily engaged in the business of an exemption from the definition of providing clearing, settlement, risk other cash on hand in accordance with investment company if no more than 45 such investment policy (‘‘Clearing management, CCP and ancillary services percent of a company’s total assets to its Members, and not in the business Agency Investment Policy’’). consist of, and not more than 45 percent 9. The Clearing Agency Investment of investing, reinvesting, owning, of its net income over the last four holding or trading in securities. Policy is designed to comply with the quarters is derived from, securities other laws, rules and regulations applicable to a. Historical Development. Applicant than Government securities and states that its origins date back to the Applicant as a registered clearing securities of majority-owned agency and SIFMU, including, without back-office crisis of the late 1960s and subsidiaries and companies primarily early 1970s and the enactment of the limitation, Exchange Act Section 17A controlled by it. Applicant states that it and Exchange Act Rule 17Ad–22.2 The Securities Acts Amendments of 1975, cannot rely on Rule 3a–1 because it may which enabled the development of a Clearing Agency Investment Policy was again wish to hold more than 45 percent approved by the Commission pursuant national securities market system and a 3 national clearance and settlement to delegated authority. Any material 4 Applicant has previously held greater than 40% system and their regulation.6 Applicant changes to the Clearing Agency of the value of its total assets, exclusive of Investment Policy must be approved by Government securities and cash items, in bank CDs was formed in 1976 and now operates the Board of Directors. Any changes to and other investment securities. Applicant has as a wholly-owned subsidiary of DTCC. relied on Rule 3a–3 under the Act, which provides Applicant states that it (a) is a clearing the Clearing Agency Investment Policy, an exemption from the definition of investment agency registered under the Exchange regardless of materiality, will be company for wholly-owned subsidiaries of a Act and, as such, is subject to submitted to the Commission pursuant company that is not itself an investment company. However, that exemption does not apply if the comprehensive regulation by the wholly-owned subsidiary has issued paper (other Commission and (b) has been 2 Exchange Act Rule 17 Ad–22 requires, among than short-term paper) to other holders. On designated by FSOC as a SIFMU under other things, that Applicant hold assets in a way September 10, 2015, Applicant launched a that minimizes risk of loss or delay in access to commercial paper and extendible note program Title VIII of the Dodd-Frank Act and, as them and to invest assets in instruments with (‘‘CP Program’’) under which Applicant could issue such, is subject to enhanced supervision minimal credit, market, and liquidity risks. paper other than short-term paper. Out of an by the Commission in consultation with 3 See Securities Exchange Act Release No. 34– abundance of caution, (a) prior to the launch of the the FRB. Applicant states that both the 75730 (August 19, 2015), 80 FR 51638 (August 25, CP Program, Applicant reduced its holdings of 2015) (SR–NSCC–2015–802) (Notice of Filing of investment securities to less than 40% of the value Amendment No. 1 and No Objection to Advance of Applicant’s total assets, exclusive of Government 5 Tonopah Mining Company of Nevada, 26 SEC Notice Filing, as Modified by Amendment No. 1, to securities and cash items, and (b) pending the 426, 427 (1947). Establish a Prefunded Liquidity Program As Part of application, Applicant has maintained its holdings 6 See Securities Acts Amendments of 1975, Public NSCC’s Liquidity Risk Management). of investment securities below the 40% threshold. Law 94–29, 89 Stat. 97 (1975).

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Commission and the FRB, among other separate compensation for any services represents that its allocation, federal agencies, have previously that may directly or indirectly involve management and use of investment indicated that they believe FMUs such Applicant’s investment securities. securities is consistent with its business as securities clearing agencies generally Applicant states that the composition of of providing CCP and trade guaranty engage in activities other than those of its Board of Directors is designed to services to its Members. Applicant an investment company.7 comply with the fair representation represents that all of its investments are Applicant represents that requirement for clearing agencies set and will be managed in accordance with substantially all of its activities since its forth in Exchange Act Section 17A and the Clearing Agency Investment Policy. formation have been devoted to the governance standards for registered Applicant states that it bears the entire providing clearing, settlement, risk clearing agencies set forth in Exchange counterparty risk for the obligations of management, CCP and ancillary services Act Rule 17Ad–22. Members to each other with respect to to its Members, and Applicant intends d. Nature of Assets. Applicant states all trades guaranteed by Applicant. to continue to be primarily engaged in that, as a service organization and a Applicant explains that it manages this providing such services. wholly-owned subsidiary of DTCC, risk by, among other things, requiring Applicant further represents that all Applicant owns very few fixed assets Members to maintain deposits in the of its issued and outstanding shares are and the vast majority of its assets consist Clearing Fund; however, that does not held by DTCC. Applicant states that its of cash and securities. Applicant states transfer the risk from Applicant. shares have not been, and will not be, that, as of March 31, 2017, it had about Accordingly, Applicant submits that its held out as a financial investment for $7.85 billion in total assets, of which primary business for purposes of profit to the public. cash and cash equivalents accounted for Section 3(b)(2) of the Act may be b. Public Representations of Policy. about $2.89 billion (36.84%), Members’ determined without regard to the nature Applicant states that it has never made segregated cash accounted for about of its assets. any public representations that would $29.59 million (0.38%), receivables e. Sources of Income. Applicant indicate that it is in any business other accounted for about $32.82 million represents that it has always received than providing clearing, settlement, risk (0.42%), other current assets accounted the vast majority of its revenues from management, CCP and ancillary for about $5.19 million (0.07%) and the provision of clearing, settlement, services. Applicant represents that it has Clearing Fund accounted for about risk management, CCP and ancillary never held itself out as an investment $4.84 billion (61.65%). Applicant states services to its Members and not from company within the meaning of the Act. that, as of March 31, 2017, it owned interest on investment securities. Applicant provides that all annual Government securities valued at Applicant states that, for the quarter reports, web postings, press releases and $201.60 million (2.57% of total assets) ended March 31, 2017, it derived about written communications issued by but did not own investment securities $70.56 million of its total revenues from Applicant have related to its business of (as defined in Section 3(a)(2) of the Act). the provision of clearing services, about providing clearing, settlement, risk Applicant states that it has previously $27.21 million from ancillary services management, CCP and ancillary held greater than 40% of the value of its (WMS and I&RS), and $0.79 million services. Applicant states that no press total assets, exclusive of Government from settlement and asset services. release or advertising or promotional securities and cash items, in bank CDs Applicant states that it realized interest piece has been issued by Applicant and other investment securities (as income of about $5.87 million for the concerning its holdings of investment defined in Section 3(a)(2) of the Act), quarter ended March 31, 2017. securities or its capital investment and Applicant may wish to do so again. Applicant further provides that, for the policies, or concerning any potential for Applicant believes that the fact that it year ended December 31, 2016, it had profit or appreciation in value relating has held, and may again wish to hold, total revenues of $378,943,000 and to its own shares. investment securities in excess of the interest income of $11,325,000. c. Activities of Officers and Directors. 40% threshold should not preclude a Applicant states that it currently invests Applicant represents that all of its finding that it is engaged primarily in a its cash in Government securities and directors and officers devote business other than that of investing, bank deposits. Applicant notes that total substantially all of their time spent on reinvesting, owning, holding or trading revenues as presented in the application Applicant’s matters to its business of in securities, provided that it uses its and the Applicant’s financial statements providing clearing, settlement, risk investment securities for bona fide reflect revenues from operations and do management, CCP and ancillary purposes relating to its clearing, not include interest income (Applicant’s services. Applicant states that its settlement, risk management, CCP and financial statements account for interest directors and officers receive no extra or ancillary services, and that it does not income as a separate line item). invest or trade in securities for Applicant further states that it does not 7 Specifically, Applicant asserts that in the notice speculative purposes. break out its expenses using a cost of final rulemaking issued by the Commission and Applicant states that it provides CCP the FRB (among other federal agencies) to allocation method such that a net implement the Volcker Rule, the agencies services and certain trade guarantees to income after taxes figure is available for supported their decision not to expressly exclude its Members and requires Members that each category of services or interest FMUs from the definition of ‘‘covered funds’’ for utilize such services to make required income. Accordingly, Applicant submits purposes of the Volcker Rule by (a) stating that deposits to the Clearing Fund. ‘‘[they] believe that FMUs are not investment that its revenues, not net income, vehicles of the type [the Volcker Rule] was designed Applicant notes that it is a clearing should be used as the basis for to address, but rather entities that generally engage agency registered under the Exchange evaluating its investment company in other activities, including acting as central Act and, as such, is subject to status. counterparties that reduce counterparty risk in comprehensive regulation by the clearing and settlement activities’’ and (b) noting Applicant projects that its interest that ‘‘if the FMU is primarily engaged in Commission. Applicant further notes income will increase over the next three transferring, clearing, or settling payments, that it is a SIFMU designated by FSOC years, reaching an estimated securities, or other financial transactions among or under Title VIII of the Dodd-Frank Act $55,700,000 in 2019. Applicant between financial institutions, the FMU could rely on the exclusion to the definition of investment and, as such, is subject to enhanced represents that the projected increase in company provided by section 3(b)(1)’’ of the Act. supervision by the Commission in interest income will mostly be driven by See 79 FR 5536, 5700 (Jan. 31, 2014). consultation with the FRB. Applicant growth in Applicant’s CP Program and

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rising interest rates. Applicant states SR–DTC–2017–014, SR–NSCC–2017– Risk, and set metrics to categorize such that this projection also reflects 013, and SR–FICC–2017–017, risks (e.g., from ‘‘no impact’’ to ‘‘severe anticipated increases in its holdings of respectively, pursuant to Section impact’’) through ‘‘Risk Tolerance investment securities should the 19(b)(1) of the Securities Exchange Act Statements.’’ 8 The Framework would Commission grant the requested Order; of 1934 (‘‘Act’’) 1 and Rule 19b–4 describe how the Risk Tolerance however, Applicant does not anticipate thereunder.2 The proposed rule changes Statements identify the overall risk that its interest income from investment were published for comment in the reduction or mitigation objectives of the securities would ever represent other Federal Register on August 14, 2017.3 Clearing Agencies, with respect to than a small amount as compared to its The Commission did not receive any identified risks to the Clearing total revenues. Applicant further states comment letters on the proposed rule Agencies.9 The Framework would also that its projected increase in interest changes. For the reasons discussed explain how the Risk Tolerance income will not result in any material below, the Commission approves the Statements document the risk controls increase in net income for Applicant proposed rule changes. and other measures the Clearing because (a) it passes through to its Agencies would use to manage such II. Description of the Proposed Rule Members substantially all of its earnings identified risks (including escalation Changes on Clearing Fund cash and (b) its requirements in the event of risk metric earnings on CP Program proceeds are The proposed rule changes would breaches). The Framework would state substantially offset by its interest adopt the Clearing Agency Operational that ORM would annually review, expense on the commercial paper notes Risk Management Framework revise, update, and/or create, as and extendible notes that are issued to (‘‘Framework’’) of the Clearing necessary, each Risk Tolerance holders. Agencies, as described below. Statement.10 5. Applicant asserts that its historical A. Overview of the Framework The Framework would also describe development, its public representations how the Clearing Agencies monitor key of policy, the activities of its officers The Framework would describe how risks, including Operational Risk, and directors and its sources of revenue, each of Clearing Agency manages through ‘‘Risk Profiles.’’ 11 The as discussed in the application, operational risk. Operational risk is Framework would state that ‘‘Risk demonstrate that it is engaged primarily defined by the Clearing Agencies in the Profiles’’ identify how risk is assessed in the business of providing clearing, Framework as the risk of direct or for each of the Clearing Agencies’ settlement, risk management, CCP and indirect loss or reputational harm businesses and support areas (each a ancillary services to its Members, and resulting from an event, internal or ‘‘Clearing Agency Business’’ and/or not in an investment business. external, that is the result of inadequate ‘‘Clearing Agency Support Area’’).12 The Applicant thus asserts that it satisfies or failed processes, people, and systems Framework would explain that the risk 4 the criteria for issuing an order under (‘‘Operational Risk’’). More assessment documented in these Section 3(b)(2) of the Act. specifically, the Framework would profiles includes (1) assessment of describe how the Clearing Agencies (i) inherent risk (i.e., risk without any For the Commission, by the Division of manage Operational Risk; (ii) manage Investment Management, under delegated mitigating controls); (2) evaluation of authority. their information technology risks; and existing controls and, as appropriate, (iii) manage their business continuity Eduardo A. Aleman, any new additional controls, as well as risks.5 The DTCC Operational Risk Assistant Secretary. the evaluation of the same risk against Management group (‘‘ORM’’) would the strength of such controls; and (3) [FR Doc. 2017–21282 Filed 10–3–17; 8:45 am] maintain the Framework, on behalf of identification of any residual risk and a BILLING CODE 8011–01–P the Clearing Agencies.6 determination to either further mitigate B. Operational Risk Management such risk or accept such risk by the SECURITIES AND EXCHANGE applicable Clearing Agency Business or The Framework would describe how 13 COMMISSION Clearing Agency Support Area. ORM is charged with establishing The Framework would then describe [Release No. 34–81745; File Nos. SR–DTC– appropriate systems, policies, generally the responsibilities of ORM, 2017–014; SR–NSCC–2017–013; SR–FICC– procedures, and controls to enable the which is part of the second line of 2017–017] Clearing Agencies to identify plausible defense within the Clearing Agencies’ sources of Operational Risk.7 ‘‘Three Lines of Defense’’ approach to Self-Regulatory Organizations; The Specifically, the Framework would 14 Depository Trust Company; National risk management. The Framework describe how the Clearing Agencies would identify ORM responsibilities Securities Clearing Corporation; Fixed identify key risks, including Operational Income Clearing Corporation; Order 8 Id. Approving Proposed Rule Changes To 1 15 U.S.C. 78s(b)(1). 9 Id. Adopt the Clearing Agency Operational 2 17 CFR 240.19b–4. 10 Id. Risk Management Framework 3 Securities Exchange Act Release No. 81338 11 Id. (August 8, 2017), 82 FR 36049 (August 14, 2017) 12 Id. (SR–DTC–2017–014, SR–NSCC–2017–013, SR– September 28, 2017. 13 Id. FICC–2017–017) (‘‘Notice’’). 14 Id. The Three Lines of Defense approach to risk I. Introduction 4 Notice, 82 FR at 37943. management identifies the roles and responsibilities On July 25, 2017, The Depository 5 Id. of different Clearing Agency Businesses or Clearing Trust Company (‘‘DTC’’), Fixed Income 6 Id. The parent company of the Clearing Agency Support Areas in identifying, assessing, Agencies is The Depository Trust & Clearing measuring, monitoring, mitigating, and reporting Clearing Corporation (‘‘FICC’’), and Corporation (‘‘DTCC’’). DTCC operates on a shared certain key risks faced by the Clearing Agencies. National Securities Clearing Corporation services model with respect to the Clearing The Three Lines of Defense approach is more fully (‘‘NSCC,’’ each a ‘‘Clearing Agency,’’ Agencies. Most corporate functions are established described in a separate framework, the Clearing and collectively with DTC and FICC, the and managed on an enterprise-wide basis pursuant Agency Risk Management Framework. See to intercompany agreements under which it is Securities Exchange Act Release No. 81635 ‘‘Clearing Agencies’’), filed with the generally DTCC that provides a relevant service to (September 15, 2017), 82 FR 44224 (September 21, Securities and Exchange Commission a Clearing Agency. 2017)(SR–DTC–2017–013, SR–NSCC–2017–012, (‘‘Commission’’) proposed rule changes 7 Notice, 82 FR at 37943. SR–FICC–2017–016).

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including, but not limited to, aligned to the Clearing Agencies’ explain that these rankings fall within a management of the Risk Tolerance business drivers and future strategic range of tiers, from 0 to 5, based on Statements, and working with the direction.21 The Framework would state criticality to each applicable Clearing Clearing Agency Businesses and that such risk strategy allows the Agency’s operations (each a ‘‘Tier’’), Clearing Agency Support Areas to create Clearing Agencies to achieve where Tier 0 equates to critical and monitor Risk Profiles.15 information security threat mitigation operations or support of such operations objectives, resiliency of infrastructure for which virtually no downtime is C. Information Technology Risks supporting Clearing Agency critical permitted under applicable regulatory The Framework would describe how business applications, and operational standards, and Tier 5 equates to non- the Clearing Agencies address reliability.22 The Framework would also essential operations or support of such information technology risks.16 The describe how TRM’s early and operations for which recovery times of Framework would state that the DTCC consistent involvement in initiatives to greater than five days is permitted.31 Technology Risk Management group develop new products and systems The Framework would state that each (‘‘TRM’’), on behalf of the Clearing establishes this priority.23 The Clearing Agency Business and Clearing Agencies, is responsible for establishing Framework would state that TRM is Agency Support Area annually updates appropriate programs, policies, involved from the initial planning phase its own business continuity plan, as procedures, and controls with respect to through the design, build, and operative well as reviews and ratifies its business the Clearing Agencies’ information phases of those initiatives, to address impact analysis.32 The Framework technology risks.17 The Framework certain requirements.24 The Framework would describe that the DTCC Business would indicate that these would then explain that TRM’s Continuity Management department responsibilities would help respective involvement specifically addresses (‘‘BCM’’) uses that analysis, on behalf of Clearing Agency’s management to effectiveness, reliability, and availability the Clearing Agencies, to validate the ensure that systems have a high degree requirements of those initiatives, Business’ or Support Area’s current Tier of security, resiliency, operational incorporating those requirements into ranking, described above.33 The reliability, and adequate, scalable the initiatives’ design and execution Framework would identify the key capacity.18 The Framework would (from both a technology and cyber elements of the business impact describe some of the recognized security perspective).25 analysis, including (1) an assessment of information technology standards that The Framework would next describe the criticality of the applicable Clearing TRM may use to execute its the Clearing Agencies’ security strategy Agency Business or Clearing Agency responsibilities (as applicable).19 and defense, stating that the Clearing Support Area, based on potential impact The Framework would also identify Agencies’ network security framework to the Clearing Agency; (2) an some of TRM’s responsibilities, and preventive controls are designed to estimation of the maximum allowable including (1) performing risk support a reliable and robust tiered downtime for the applicable Clearing 26 assessments to, among other things, security strategy and defense. The Agency Business or Clearing Agency facilitate the determination of the Framework would state that these Support Area; and (3) the identification Clearing Agencies’ investment and controls include modern and of dependencies, and the ranking of remediation priorities; (2) facilitating technically advanced security firewalls, such dependencies to align with the annual mandatory and periodic intrusion detection, system and data criticality of the applicable Clearing 27 information security awareness, monitoring, and data protection tools. Agency Business’s, or Clearing Agency education, training, and communication The Framework would also describe the Support Area’s, recovery.34 to personnel of Clearing Agency Clearing Agencies’ enhanced security The Framework would describe the Businesses and Clearing Agency features and the standards they use to Clearing Agencies’ multiple data Support Areas and relevant external assess vulnerabilities and potential centers, and the emergency monitoring 28 parties; and (3) creating, implementing, threats. and back-up systems available at each and managing certain programs, D. Business Continuity Risks site.35 The Framework would explain including programs that (i) address the capacity of the various data centers Finally, the Framework would information security throughout a describe how the Clearing Agencies (including emergency monitoring and system’s lifecycle, (ii) facilitate 36 establish and maintain business back-up systems). The Framework compliance with evolving and continuity plans to address events that would also describe how the Clearing established regulatory rules and may pose significant business Agencies’ operating centers (which may guidelines that govern protection of the continuity risks (i.e., disrupting of include data centers) assist in recovery information assets of the Clearing Clearing Agency operations).29 The efforts, and explain how each Clearing Agencies and their participants, (iii) Framework would identify how the Agency Business and Clearing Agency identify, prioritize, and manage the business continuity process for each Support Area creates and deploys its level of cyber threats to the Clearing Clearing Agency Business and Clearing own work-area recovery strategy to Agencies, and (iv) assure that access to Agency Support Area is ranked by the mitigate the loss of primary workspace Clearing Agency information assets is significance of a possible disruption to and/or associated desktop technology, appropriately authorized and its operation.30 The Framework would as well as for purposes of appropriately authenticated based on current business locating personnel.37 The Framework 20 need. 21 Id. would further indicate how each work- Additionally, the Framework would 22 Notice, 82 FR at 37943–44. area recovery strategy is developed and note that TRM’s risk strategy is closely 23 Notice, 82 FR at 37944. 24 Id. 31 Id. 15 Notice, 82 FR at 37943. 25 Id. 32 Id. 16 Id. 26 Id. 33 Id. 17 Id. 27 Id. 34 Id. 18 Id. 28 Id. 35 Id. 19 Id. 29 Id. 36 Id. 20 Id. 30 Id. 37 Id.

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executed (based on the applicable as the supporting policies and risks; and (iii) then identify governance Clearing Agency Business’ and Clearing procedures) used by the Clearing process applicable to any breach of Agency Support Area’s current Tier Agencies to identify, manage, and those tolerances. In this way, the Risk ranking, as described above).38 mitigate risks which threaten the Tolerance Statements are designed to The Framework would describe the Clearing Agencies’ ability to function. help the Clearing Agencies to identify responsibilities of BCM in managing a By describing their Operational Risk and manage the internal and external disruptive business event.39 The practices in a clear and comprehensive risks. As also described above, the Framework would state that managing a manner, the Framework is designed to Framework would describe how the disruptive business event would help the Clearing Agencies prevent and Risk Profiles are designed to serve a include coordination with a team of manage the risks that arise in, or are similar function, by serving as a tool for representatives from each Clearing borne by, the Clearing Agencies. The identifying and assessing inherent risks, Agency Business and Clearing Agency Framework would explain how the and evaluating the controls around Support Area.40 Finally, the Framework Clearing Agencies identify and mitigate those risks. The Framework also would describe how the Clearing risks generally (through the Three Lines describes the role of ORM, which Agencies conduct regular exercises used of Defense, Risk Tolerance Statements, includes oversight of both the Risk to simulate loss of Clearing Agency and Risk Profiles), as well as how they Tolerance Statements and Risk Profiles. locations, and would describe some of specially identify and mitigate By describing the functions of the the preventive measures the Clearing information technology risk (through Risk Tolerance Statements and Risk Agencies take with respect to business the TRM’s efforts) and business Profiles, (which, together, are designed continuity risk management.41 continuity risk (through data centers to (i) assist the Clearing Agencies in and operational centers). By better effectively managing their operational III. Discussion and Commission managing the risks that arise in or are risks by identifying the plausible Findings bone by the Clearing Agencies through sources of operational risk, both internal Section 19(b)(2)(C) of the Act directs such risk mitigation practices, the and external, and (ii) assist the Clearing the Commission to approve a proposed Framework is designed to help reduce Agencies in mitigating the impact of rule change of a self-regulatory the possibility that a Clearing Agency those risks), and by describing the role organization if it finds that such fails. By better positioning the Clearing of ORM in overseeing the Risk proposed rule change is consistent with Agencies to continue their critical Tolerance Statements and Risk Profiles, the requirements of the Act and rules operations and services, and mitigating the Commission believes the Framework and regulations thereunder applicable to the risk of financial loss contagion is consistent with the requirements of such organization.42 After carefully caused by a Clearing Agency failure, the Rule 17Ad–22(e)(17)(i).48 considering the proposed rule changes, Framework is designed to help assure the Commission finds that the proposed the safeguarding of securities and funds C. Consistency With Rule 17Ad– rule changes are consistent with the which are in the custody or control of 22(e)(17)(ii) requirements of the Act and the rules the Clearing Agencies, or for which they Rule 17Ad–22(e)(17)(ii) under the Act and regulations thereunder applicable to are responsible. Accordingly, the requires, in part, that each covered the Clearing Agencies. Specifically, the Commission believes that the proposed clearing agency establish, implement, Commission finds that the proposed rule changes are consistent with Section maintain and enforce written policies rule changes are consistent with Section 17A(b)(3)(F) of the Act.46 and procedures reasonably designed to 17A(b)(3)(F) of the Act 43 and Rules manage the covered clearing agency’s 17Ad–22(e)(17)(i)–(iii) under the Act.44 B. Consistency With Rule 17Ad– operational risks by ensuring that 22(e)(17)(i) A. Consistency With Section systems have a high degree of security, 17A(b)(3)(F) of the Act Rule 17Ad–22(e)(17)(i) under the Act resiliency, operational reliability, and requires, in part, that each covered adequate, scalable capacity.49 Section 17A(b)(3)(F) of the Act clearing agency establish, implement, As noted above, the Framework requires, in part, that the rules of a maintain and enforce written policies would describe how the Clearing registered clearing agency be designed and procedures reasonably designed to Agencies manage their Operational Risk. to assure the safeguarding of securities manage the covered clearing agency’s Specifically, the Framework would and funds which are in the custody or operational risks by identifying the describe TRM’s role and responsibilities control of the Clearing Agencies or for plausible sources of operational risk, in managing the Clearing Agencies’ 45 which they are responsible. both internal and external, and information technology risks. In As described above, the Framework mitigating their impact through the use particular, the Framework would would describe how the Clearing of appropriate systems, policies, identify TRM’s (i) programs, systems, Agencies manage their Operational Risk. procedures, and controls.47 and controls; (ii) information technology Specifically, the Frameworks would As described above, the Framework risk management standards; and (iii) describe how the Clearing Agencies would describe how the Risk Tolerance continuous role in product and project address their technology risks, Statements and the Risk Profiles assist initiatives to address security issues information security risks, and their the Clearing Agencies identify and through the lifecycle of Clearing Agency business continuity risks. The mitigate the plausible sources of initiatives. Framework would describe the Operational Risk, both internal and The Framework thereby describes processes, systems, and controls (as well external. As described above, the how TRM is designed to safeguard the Framework explains how the Risk integrity of the Clearing Agencies’ 38 Id. Tolerance Statements (i) identify both information technology, as well as the 39 Id. 40 Id. internal and external Clearing Agency standards against which TRM’s 41 Id. risks; (ii) categorize the respective safeguards would be evaluated. In this 42 15 U.S.C. 78s(b)(2)(C). Clearing Agencies’ tolerance for those manner, the Framework is designed to 43 15 U.S.C. 78q–1(b)(3)(F). 44 17 CFR 240.17Ad–22(e)(17)(i)–(iii). 46 Id. 48 Id. 45 15 U.S.C. 78q–1(b)(3)(F). 47 17 CFR 240.17Ad–22(e)(17)(i). 49 17 CFR 240.17Ad–22(e)(17)(ii).

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ensure that the Clearing Agencies’ rule changes are consistent with the Section 15B(a)(4) of the Securities systems have a high degree of security, requirements of the Act and in Exchange Act of 1934 (the ‘‘Exchange resiliency, and operational reliability. particular with the requirements of Act’’) provides that the Securities and Furthermore, as the Framework Section 17A of the Act 53 and the rules Exchange Commission (the indicates TRM’s early and continuous and regulations thereunder. ‘‘Commission’’), by rule or order, upon involvement in the Clearing Agencies’ It is therefore ordered, pursuant to its own motion or upon application, initiatives, the Framework reveals how Section 19(b)(2) of the Act, that may conditionally or unconditionally TRM would enable the Clearing proposed rule changes SR–DTC–2017– exempt any broker, dealer, municipal Agencies to grow and evolve while 014, SR–NSCC–2017–013, and SR– securities dealer or municipal advisor, accounting for technology and cyber FICC–2017–017 be, and hereby are, or class of brokers, dealers, municipal security concerns, thereby ensuring the approved.54 securities dealers, or municipal advisors Clearing Agencies’ adequate and For the Commission, by the Division of from any provision of Section 15B or the scalable capacity. Trading and Markets, pursuant to delegated rules or regulations thereunder, if the Therefore, by describing TRM’s role authority.55 Commission finds that such exemption and responsibilities in helping the Eduardo A. Aleman, is consistent with the public interest, Clearing Agencies maintain systems Assistant Secretary. the protection of investors and the purposes of Section 15B. with a high degree of security, [FR Doc. 2017–21273 Filed 10–3–17; 8:45 am] resiliency, operational reliability, and Section 36 of the Exchange Act BILLING CODE 8011–01–P adequate, scalable capacity, the authorizes the Commission, by rule, Commission believes the Framework is regulation or order, to exempt, either consistent with the requirements of Rule SECURITIES AND EXCHANGE conditionally or unconditionally, any 17Ad–22(e)(17)(ii).50 COMMISSION person, security or transaction, or any class or classes of persons, securities or D. Consistency With Rule 17Ad– [SECURITIES EXCHANGE ACT OF 1934 transactions, from any provision or 22(e)(17)(iii) Release No. 81760/September 28, 2017: provisions of the Exchange Act or any Rule 17Ad–22(e)(17)(iii) under the INVESTMENT COMPANY ACT OF 1940 rule or regulation thereunder, to the Act requires, in part, that each covered Release No. 32842/September 28, 2017] extent that such exemption is necessary clearing agency establish, implement, Exemptive Relief for Individuals and or appropriate in the public interest, maintain and enforce written policies Entities Affected by Hurricanes and is consistent with the protection of and procedures reasonably designed to Harvey, Irma or Maria investors. manage the covered clearing agency’s Section 17A(c)(1) of the Exchange Act operational risks by establishing and Order Under Section 15b, Section 17a And provides that the appropriate regulatory maintaining a business continuity plan Section 36 Of The Securities Exchange Act agency, by rule or by order, upon its that addresses events posing a Of 1934 Granting Exemptions From Specified own motion or upon application, may significant risk of disrupting Provisions Of The Exchange Act And Certain conditionally or unconditionally Rules Thereunder operations.51 exempt any person or security or class Order Under Section 6(C) And Section of persons or securities from any As described above, the Framework 38(A) Of The Investment Company Act Of would describe how the Clearing 1940 Granting Exemptions From Specified provision of Section 17A or any rule or Agencies establish and maintain Provisions Of The Investment Company Act regulation prescribed under Section business continuity plans. Specifically, And Certain Rules Thereunder 17A, if the appropriate regulatory agency 1 finds that such exemption is in the Framework would describe the In late August 2017, Hurricane Harvey the public interest and consistent with critical features of the Clearing caused catastrophic damage along the the protection of investors and the Agencies’ business continuity plans to Texas and Louisiana coast, in early purposes of Section 17A, including the demonstrate how they are designed to September 2017, Hurricane Irma caused prompt and accurate clearance and address events posing a significant risk catastrophic damage to the U.S. Virgin settlement of securities transactions and of disrupting the Clearing Agencies’ Islands, Puerto Rico and the Florida the safeguarding of securities and funds. operations. The Framework would also coast, and, in mid-September 2017, Section 17A(c)(1) also requires that the indicate how each Clearing Agency Hurricane Maria caused additional Commission not object to the use of Business and Clearing Agency Support catastrophic damage to the U.S. Virgin exemptive authority in instances where Area reviews and ratifies its respective Islands and Puerto Rico. The storms and an appropriate regulatory authority plan and its business impact analysis, subsequent flooding have displaced other than the Commission is providing relative to its assigned Tier. Therefore, individuals and businesses and as the Framework describes how the exemptive relief. disrupted communications and Section 6(c) of the Investment Clearing Agencies establish and transportation across the affected maintain their business continuity Company Act of 1940 (the ‘‘Company regions. We are issuing this Order to Act’’) provides that the Commission plans, which are designed to address address the needs of companies and events posing a significant risk of may conditionally or unconditionally individuals with obligations under the exempt any person, security or disrupting operations, the Commission federal securities laws who have been believes that the Framework is transaction, or any class or classes of directly or indirectly affected by persons, securities or transactions, from consistent with the requirements of Rule Hurricane Harvey, Hurricane Irma or 17Ad–22(e)(17)(iii).52 any provision or provisions of the Hurricane Maria and their respective Company Act, or any rule or regulation IV. Conclusion aftermaths. thereunder, if and to the extent that On the basis of the foregoing, the such exemption is necessary or 53 Commission finds that the proposed 15 U.S.C. 78q–1. appropriate in the public interest and 54 In approving the Proposed Rule Changes, the Commission considered the proposals’ impact on consistent with the protection of 50 Id. efficiency, competition and capital formation. 15 51 17 CFR 240.17Ad–22(e)(17)(iii). U.S.C. 78c(f). 1 Section 3(a)(34)(B) of the Exchange Act defines 52 Id. 55 17 CFR 200.30–3(a)(12). ‘‘appropriate regulatory authority.’’

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investors and the purposes fairly Rule 12b–2) subject to the reporting Conditions intended by the policy and provisions of requirements of Exchange Act Section (a) The registrant’s security holder has the Company Act. Section 38(a) of the 13(a) or 15(d), and any person required a mailing address located within a zip Company Act provides that the to make any filings with respect to such code where, as a result of Hurricane Commission may make, issue, amend a registrant, is exempt from any Harvey, Hurricane Irma or Hurricane and rescind such rules and regulations requirement to file or furnish materials Maria, the registrant’s common carrier and such orders as are necessary or with the Commission under Exchange has suspended delivery service of the appropriate to the exercise of the Act Sections 13(a), 13(d), 13(f), 13(g), type or class customarily used by the powers conferred upon the Commission 14(a), 14(c), 14(f), 15(d) and 16(a), registrant; under the Company Act. Regulations 13A, 13D–G, 14A, 14C and (b) The registrant or other person The necessity for prompt action of the 15D, and Exchange Act Rules 13f–1, making a solicitation has followed Commission does not permit prior 14f–1 and 16a–3, as applicable, where normal procedure when furnishing the notice of the Commission’s action. the conditions below are satisfied. Soliciting Materials to the security I. Time Period for the Relief Conditions holder in order to ensure that the Soliciting Materials preceded or The time period for the relief (a) The registrant or person other than accompanied the proxy, as required by specified in Sections II and VI of this a registrant is not able to meet a filing the rules applicable to the particular Order is as follows: deadline due to Hurricane Harvey, form of Soliciting Materials, or, in the (1) With respect to those persons or Hurricane Irma or Hurricane Maria and case of Information Materials, the entities affected by Hurricane Harvey, their respective aftermaths; registrant has followed normal for the period from and including procedure when furnishing the August 25, 2017 to October 6, 2017, all (b) The registrant or person other than a registrant files with the Commission Information Materials to the security reports, schedules or forms must be holder in accordance with the rules filed on or before October 10, 2017; any report, schedule or form required to be filed during the applicable period of applicable to Information Materials; and (2) With respect to those persons or (c) If requested by the security holder, relief on or before the applicable entities affected by Hurricane Irma, for the registrant or other person provides deadline set forth in Section I; and the period from and including the Soliciting Materials or Information September 6, 2017 to October 18, 2017, (c) In any such report, schedule or Materials by a means reasonably all reports, schedules or forms must be form filed pursuant to this Order, the designed to furnish the Soliciting filed on or before October 19, 2017; and registrant or person other than a Materials or Information Materials to the (3) With respect to those persons or registrant must disclose that it is relying security holder. entities affected by Hurricane Maria, for on this Order and state the reasons why, Any registrant or other person in need the period from and including in good faith, it could not file such of additional assistance related to September 20, 2017 to November 1, report, schedule or form on a timely deadlines, delivery obligations or their 2017, all reports, schedules or forms basis. public filings, should contact the must be filed on or before November 2, Division of Corporation Finance at (202) III. Furnishing of Proxy and 2017. 551–3500 or at https://tts.sec.gov/cgi- Information Statements II. Filing Requirements for Registrants bin/corp_fin_interpretive. and Other Persons The conditions in the areas affected IV. Transmittal of Annual and Semi- The lack of communications, by Hurricane Harvey, Hurricane Irma Annual Reports to Investors Required transportation, electricity, facilities and and Hurricane Maria, including by the Company Act and the Rules available staff and professional advisors displacement of thousands of Thereunder as a result of Hurricane Harvey, individuals and the destruction of property, have prevented and will For reasons similar to those cited in Hurricane Irma and Hurricane Maria Section III, we believe that relief is could hamper the efforts of public continue to prevent the delivery of mail to the affected areas. In light of these warranted for the transmittal by companies and other persons with filing registered management investment obligations to meet their filing conditions, we believe that relief is warranted for those seeking to comply companies and registered unit deadlines. At the same time, investors investment trusts (collectively, with our rules imposing requirements to have an interest in the timely ‘‘registered investment companies’’) of furnish materials to security holders availability of required information annual and semi-annual reports to when mail delivery is not possible and about these companies and the activities investors and that the following that the following exemption is of persons required to file schedules and exemption is necessary and appropriate necessary and appropriate in the public reports with respect to these companies. in the public interest and consistent interest and consistent with the While the Commission believes that the with the protection of investors. relief from filing requirements provided protection of investors. Accordingly, it is ordered, pursuant to by the exemption below is necessary Accordingly, it is ordered, pursuant to Sections 6(c) and 38(a) of the Company and appropriate in the public interest Section 36 of the Exchange Act, that a Act that for the period from and and consistent with the protection of registrant or any other person is exempt including August 25, 2017 to November investors, we remind public companies from the requirements to furnish proxy 1, 2017, a registered investment and other persons who are the subjects statements, annual reports and other company is exempt from the of this Order to continue to evaluate soliciting materials, as applicable (the requirements of Section 30(e) of the their obligations to make materially ‘‘Soliciting Materials’’), and the Company Act and Rule 30e–1 accurate and complete disclosures in requirements of the Exchange Act and thereunder to transmit annual and semi- accordance with the anti-fraud the rules thereunder to furnish annual reports to investors affected by provisions of the federal securities laws. information statements and annual Hurricane Harvey, Hurricane Irma or Accordingly, it is ordered, pursuant to reports, as applicable (the ‘‘Information Hurricane Maria; and Section 36 of the Exchange Act, that a Materials’’), where the conditions below For the period from and including registrant (as defined in Exchange Act are satisfied. August 25, 2017 to November 1, 2017,

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a registered unit investment trust is 17A, Section 17(f) and the rules books and records and the steps taken exempt from the requirements of thereunder. to ameliorate any such loss or damage; Section 30(e) of the Company Act and While the national clearance and and Rule 30e–2 thereunder to transmit settlement system continues to operate (4) If the transfer agent knows or annual and semi-annual reports to well in light of these emergencies, the believes that funds or securities unitholders affected by Hurricane Commission recognizes that the need to belonging to either issuers or security Harvey, Hurricane Irma or Hurricane effect securities transfers and payments holders and within its possession were, Maria, to and from security holders in the for any reason, lost, destroyed, stolen or Provided that: affected regions may present unaccounted for, information, to the (a) The affected investor’s mailing compliance issues for affected transfer extent reasonably available, regarding address for transmittal as listed in the agents. Therefore, the Commission is the dollar amount of any such funds and records of the registered investment using its authority under Section 17A the number of such securities and the company has a zip code for which the and Section 36 of the Exchange Act to steps taken to ameliorate any such loss; registered investment company’s provide temporary relief from certain and common carrier has suspended mail regulatory provisions. This Order (b) Transfer agents that have custody service, as a result of Hurricane Harvey, temporarily exempts transfer agents or possession of any security holder or Hurricane Irma or Hurricane Maria, of from the requirements of: (1) Section issuer funds or securities shall use all the type or class customarily used by 17A of the Exchange Act and Rules reasonable means available to ensure the registered investment company for 17Ad–1 through 17Ad–20 thereunder; that all such securities are held in transmittal of reports; and and (2) Section 17(f) of the Exchange safekeeping and are handled, in light of (b) The registered investment Act and Rules 17f–1 and 17f–2 all facts and circumstances, in a manner company or other person promptly thereunder. The Commission finds the reasonably free from risk of theft, loss or transmits the reports to affected following exemption to be in the public destruction and that all funds are investors: Either (a) if requested by the interest and consistent with the protected against misuse. To the extent investor; or (b) at the earlier of (i) protection of investors and the purpose possible, all security holder or issuer November 2, 2017 or (ii) the resumption of Section 17A of the Exchange Act, funds that remain in the custody of the of the applicable mail service. including the prompt and accurate transfer agent shall be maintained in a Registered investment companies who clearance and settlement of securities separate bank account held for the are unable to meet a deadline as transactions and the safeguarding of exclusive benefit of security holders extended by this relief, or in need of securities and funds. until such funds are properly remitted. additional assistance regarding issues Accordingly, it is ordered, pursuant to The notification required under (a) under the Company Act, should contact Sections 17A and 36 of the Exchange above shall be sent to: U.S. Securities the Division of Investment Management, Act, that any registered transfer agent and Exchange Commission, Division of Office of Chief Counsel, at (202) 551– that is unable to comply with Section Trading and Markets, Office of 6825 or [email protected]. 17A and Section 17(f) of the Exchange Clearance and Settlement, 100 F Street Registered investment advisers in Act and the rules promulgated NE., Washington, DC 20549–7010. need of additional assistance regarding thereunder, as applicable, due to The Commission encourages issues under the Investment Advisers Hurricane Harvey, Hurricane Irma or registered transfer agents and the issuers Act of 1940 should contact the Division Hurricane Maria and their respective for whom they act to inform affected of Investment Management, Investment aftermaths is hereby temporarily security holders whom they should Adviser Regulation Office, at (202) 551– exempted from complying with such contact concerning their accounts, their 6999 or [email protected]. provisions for the period from and access to funds or securities and other V. Transfer Agent Compliance With including August 25, 2017 to November shareholder concerns. If feasible, issuers Sections 17A and 17(f) of the Exchange 2, 2017 where the conditions below are and their transfer agents should place a Act satisfied. notice on their websites or providing toll free numbers to respond to Exchange Act Section 17A and Conditions inquiries. Section 17(f), as well as the rules (a) A registered transfer agent relying Transfer agents who are unable to promulgated under Sections 17A and on this Order must notify the meet a deadline as extended by this 17(f), contain requirements for Commission in writing by November 2, relief, or in need of additional registered transfer agents relating to, 2017 of the following: assistance, should contact the Division among other things, processing (1) The transfer agent is relying on of Trading and Markets at (202) 551– securities transfers, safekeeping of this Order; 5777 or [email protected]. investor and issuer funds and securities (2) A statement of the reasons why, in and maintaining records of investor good faith, the transfer agent is unable VI. Filing of Annual Update to Form ownership. Following the events of to comply with Section 17A and Section MA as Required by the Exchange Act Hurricane Harvey, Hurricane Irma and 17(f) of the Exchange Act and the rules and the Rules Thereunder Hurricane Maria, registered transfer promulgated thereunder, as applicable; Section 15B of the Exchange Act and agents located in the affected regions (3) If the transfer agent knows or Rule 15Ba1–5(a)(1) thereunder requires may have difficulty complying with believes that the books and records it is each registered municipal advisor to file some or all of their obligations as required to maintain pursuant to with the Commission an annual update registered transfer agents. In addition, Section 17A and the rules thereunder to its Form MA. For reasons similar to registered transfer agents located were lost, destroyed or materially those cited in Section II, the outside the affected regions may be damaged, information, to the extent Commission believes that relief is unable to conduct business with entities reasonably available, as to the type of warranted for the filing with the or security holders inside the regions, books and records that were maintained, Commission of annual updates to Form thereby making it difficult to process the names of the issuers for whom such MA by registered municipal advisors securities transactions and corporate books and records were maintained, the and that such relief is consistent with actions in conformance with Section extent of the loss of, or damage to, such the public interest, the protection of

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investors and the purposes of Section ‘‘maintaining or preparing the audit SECURITIES AND EXCHANGE 15B of the Exchange Act. client’s accounting records’’ or COMMISSION Accordingly, it is so ordered, ‘‘preparing or originating source data pursuant to Section 15B(a)(4) of the [Release No. 34–81747; File No. SR– underlying the audit client’s financial NYSEArca–2017–06] Exchange Act, that any registered statements.’’ In light of the conditions in municipal advisor is exempt from the areas affected by Hurricane Harvey, Self-Regulatory Organizations; NYSE requirement to file an annual update to Hurricane Irma and Hurricane Maria, Arca, Inc.; Notice of Withdrawal of a Form MA with the Commission, as however, we believe that limited relief Proposed Rule Change, as Modified by required by Section 15B of the Exchange from these prohibitions is warranted for Amendment No. 2, Relating to the Act and Rule 15Ba1–5(a)(1) thereunder, those registrants and other persons that Listing and Trading of Shares of the where the conditions below are Bitcoin Investment Trust Under NYSE satisfied. are required to comply with the independence requirements of the Arca Equities Rule 8.201 Conditions federal securities laws and the September 28, 2017. (a) The registered municipal advisor Commission’s rules and regulations On January 25, 2017, NYSE Arca, Inc. is not able to fulfill its obligation to file thereunder and that are affected by (‘‘Exchange’’) filed with the Securities an annual update to the registered those conditions. The Commission finds and Exchange Commission municipal advisor’s Form MA within 90 the following exemption to be necessary (‘‘Commission’’), pursuant to Section days of the end of the registered and appropriate in the public interest 19(b)(1) of the Securities Exchange Act municipal advisor’s fiscal year due to and consistent with the protection of of 1934 (‘‘Act’’) 1 and Rule 19b–4 Hurricane Harvey, Hurricane Irma or investors. thereunder,2 a proposed rule change to Hurricane Maria; Accordingly, it is ordered, pursuant to list and trade shares of the Bitcoin (b) The registered municipal advisor Investment Trust under NYSE Arca Section 36 of the Exchange Act, that files with the Commission its annual Equities Rule 8.201. The proposed rule independent certified public update to Form MA required to be filed change was published for comment in during the applicable period of relief on accountants engaged to provide audit the Federal Register on February 9, or before the applicable deadline set services to registrants and other persons 2017.3 forth in Section I; and required to comply with the On March 22, 2017, pursuant to (c) In any such annual update to its independence requirements of the Section 19(b)(2) of the Act,4 the Form MA filing, the registered federal securities laws and the Commission designated a longer period municipal advisor must disclose that it Commission’s rules and regulations within which to approve the proposed is relying on this Order and state the thereunder are exempt from the rule change, disapprove the proposed reasons why, in good faith, it could not requirements of Section 10A(g)(1) of the rule change, or institute proceedings to file such annual update to Form MA on Exchange Act and Rule 2–01(c)(4)(i) of determine whether to approve or a timely basis. Regulation S–X, where the conditions disapprove the proposed rule change.5 Registered municipal advisors who below are satisfied. On April 6, 2017, the Exchange filed are unable to meet a deadline as Amendment No. 1 to the proposed rule extended by this relief or in need of Conditions change. On April 27, 2017, the additional assistance, should contact the Commission published notice of (a) Services provided by the auditor Office of Municipal Securities at (202) Amendment No. 1 and instituted are limited to reconstruction of 551–5680 or [email protected]. proceedings to determine whether to previously existing accounting records approve or disapprove the proposed VII. Independence—Bookkeeping or that were lost or destroyed as a result of rule change, as modified by Amendment Other Services Related to the Hurricane Harvey, Hurricane Irma or No. 1.6 On May 11, 2017, the Exchange Accounting Records or Financial Hurricane Maria and such services cease filed Amendment No. 2 to the proposed Statements of the Audit Client as soon as the audit client’s lost or rule change, and on May 25, 2017, the The conditions in the areas affected destroyed records are reconstructed, its Commission published notice of by Hurricane Harvey, Hurricane Irma financial systems are fully operational Amendment No. 2.7 On July 25, 2017, and Hurricane Maria, including and the client can effect an orderly and the Commission designated a longer displacement of individuals, the efficient transition to management or period for Commission action on the destruction of property and loss or other service provider; and proposed rule change.8 The Commission destruction of corporate records, may (b) Services provided by the auditor to has received eighteen comment letters 9 require extraordinary efforts to its audit client pursuant to this Order on the proposed rule change. reconstruct lost or destroyed accounting are subject to pre-approval by the audit records. The Commission understands 1 15 U.S.C. 78s(b)(1). client’s audit committee as required by that in these particularly challenging 2 17 CFR 240.19b–4. Rule 2–01(c)(7) of Regulation S–X. 3 situations an audit client may look to its See Securities Exchange Act Release No. 79955 Auditors or audit clients who are in (Feb. 3, 2017), 82 FR 10086 (Feb. 9, 2017). auditor for assistance in reconstruction 4 15 U.S.C. 78s(b)(2). of its accounting records because of the need of additional assistance or have 5 See Securities Exchange Act Release No. 80297 auditor’s knowledge of the client’s other questions relating to auditor (Mar. 22, 2017), 82 FR 15408 (Mar. 28, 2017). financial systems and records. Under independence, should contact the Office 6 See Securities Exchange Act Release No. 80502 Section 10A(g)(1) of the Exchange Act of the Chief Accountant at (202) 551– (Apr. 21, 2017), 82 FR 19398 (Apr. 27, 2017). 7 See Securities Exchange Act Release No. 80729 and Rule 2–01(c)(4)(i) of Regulation S– 5300 or [email protected]. (May 19, 2017), 82 FR 24185 (May 25, 2017). X, auditors are prohibited from By the Commission. 8 See Securities Exchange Act Release No. 81201 providing bookkeeping or other services (July 25, 2017), 82 FR 33938 (July 31, 2017). The relating to the accounting records of the Brent J. Fields, Commission designated October 7, 2017, as the date Secretary. by which the Commission shall either approve or audit client, and in Rule 2–01(c)(4)(i) of disapprove the proposed rule change. [FR Doc. 2017–21284 Filed 10–3–17; 8:45 am] Regulation S–X, these prohibited 9 See Letters from Joseph Stephen White (Feb. 5, services are described as including BILLING CODE 8011–01–P 2017); Anonymous (Feb. 8, 2017) (purportedly from

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On September 27, 2017, the Exchange SUPPLEMENTARY INFORMATION: Although developing the evidentiary record in withdrew the proposed rule change 5 U.S.C. 552(a)(1) and (a)(2) do not disability claims, claimants and their (SR–NYSEArca–2017–06), as modified require us to publish this SSR, we are appointed representatives have the by Amendment No. 2. doing so in accordance with 20 CFR primary responsibility under the Act to For the Commission, by the Division of 402.35(b)(1). provide evidence in support of their Trading and Markets, pursuant to delegated Through SSRs, we make available to disability or blindness claims. authority.10 the public precedential decisions Consequently, we expect claimants and Eduardo A. Aleman, relating to the Federal old-age, their representatives to make good faith Assistant Secretary. survivors, disability, supplemental efforts to ensure that we receive [FR Doc. 2017–21275 Filed 10–3–17; 8:45 am] security income, and special veterans’ complete evidence. benefits programs. We may base SSRs BILLING CODE 8011–01–P Under the Act, we cannot find that an on determinations or decisions made at individual is disabled ‘‘unless [he or all levels of administrative adjudication, she] furnishes such medical and other Federal court decisions, Commissioner’s SOCIAL SECURITY ADMINISTRATION evidence of the existence thereof as the decisions, opinions of the Office of the Commissioner of Social Security may [Docket No. SSA–2017–0048] General Counsel, or other require.’’ 1 This statutory provision interpretations of the law and places primary responsibility for the Social Security Ruling, SSR 17–4p; regulations. development of evidence on the Titles II and XVI: Responsibility for Although SSRs do not have the same claimant. Consistent with the claimant’s Developing Written Evidence force and effect as statutes or statutory obligation to provide us with AGENCY: Social Security Administration. regulations, they are binding on all evidence regarding his or her disability components of the Social Security ACTION: Notice of Social Security Ruling or blindness claim, our regulations (SSR). Administration. 20 CFR 402.35(b)(1). require a claimant to submit or inform This SSR will remain in effect until us about all evidence known to him or SUMMARY: We are providing notice of we publish a notice in the Federal her that relates to whether or not he or SSR 17–4p. This SSR clarifies our Register that rescinds it, or until we she is disabled or blind.2 At the hearings responsibilities and the responsibilities publish a new SSR that replaces or level, a claimant generally must submit of a claimant and a claimant’s modifies it. or inform us about written evidence at representative to develop evidence and (Catalog of Federal Domestic Assistance, least 5 business days before the date of other information in disability and Programs Nos. 96.001, Social Security— his or her scheduled hearing.3 We blindness claims. Disability Insurance; 96.002, Social adopted this 5-day requirement in FOR FURTHER INFORMATION CONTACT: Security—Retirement Insurance; 96.004, December 2016 and implemented it in Patrick McGuire, Office of Appellate Social Security—Survivors Insurance; 96.006—Supplemental Security Income.) May 2017, to address unprecedented Operations, Social Security workload challenges.4 As we explained Administration, 5107 Leesburg Pike, Nancy A. Berryhill, in the preamble to our notice of Falls Church, VA 22041, (703) 605– Acting Commissioner of Social Security. proposed rulemaking, ‘‘[w]e cannot 7100. For information on eligibility or POLICY INTERPRETATION RULING afford to continue postponing hearing filing for benefits, call our national toll- proceedings because the record is not free number, 1–800–772–1213 or TTY SSR 17–4p: Titles II and XVI: complete at the time of the hearing.’’ 5 1–800–325–0778, or visit our Internet Responsibility for Developing Written A representative’s duty to submit site, Social Security Online, at http:// Evidence evidence is derivative of the www.socialsecurity.gov. Purpose claimant’s; 6 however, representatives must also follow our rules of conduct This Ruling clarifies our Jeffrey Wilcke, Ethereum Foundation); Mark T. and standards of responsibility for Williams, Finance Professor, Boston University responsibilities and those of the representatives.7 Those rules impose an (Mar. 13, 2017); Clark Haley (Apr. 15, 2017); Daniel claimant and the claimant’s Warsh, Managing Member, Warberg Asset affirmative duty on a representative to representative to develop evidence and Management (Jun. 8, 2017); Murray Stahl, act with reasonable promptness to help other information in disability and Chairman, CEO, CIO, and Hugh Ross, COO, Horizon obtain the information or evidence that Kinetics LLC (Jun. 12, 2017); Tim Lewkow, blindness claims under titles II and XVI the claimant must submit and forward Founder, Wealth Manager (Jun. 14, 2017); Jerry of the Social Security Act (Act). This Brito, Executive Director, Coin Center (Jun. 20, the information or evidence to us as Ruling applies at all levels of our 2017); Sheri Kaiserman, Managing Director, soon as practicable.8 A representative Wedbush Securities (Jun. 20, 2017); Douglas M. administrative review process, as also has an affirmative duty to assist a Yones, Head of Exchange Traded Products, New described below. York Stock Exchange, and Elizabeth King, General claimant in complying, as soon as Counsel, New York Stock Exchange (Jun. 28, 2017); Citations (Authority) practicable, with our requests for Arthur Levitt (Jul. 5, 2017); Jeffrey McCarthy, CEO, information or evidence.9 Exchange Traded Funds, The Bank of New York Sections 206(a), 223(d), and 1614(a) of Mellon (Jul. 7, 2017); Ari Paul, CIO and Managing the Social Security Act, as amended; 20 This Ruling explains the requirement Partner, Block Tower Capital (Jul. 9, 2017); Dr. CFR 404.935, 404.970, 404.1512, to submit or inform us about evidence James Smith, CEO, Elliptic (Jul. 18, 2017); Prof. and clarifies who has the final Campbell R. Harvey, Fuqua School of Business, 404.1513, 404.1593, 404.1594, 404.1614, Duke University, et al. (Aug. 28, 2017); James J. 404.1740, 404.1745, 416.912, 416.913, Angel, Associate Professor of Finance, McDonough 416.993, 416.994, 416.1014, 416.1435, 1 Sections 223(d)(5)(A) and 1614(a)(3)(H)(i) of the School of Business, Georgetown University (Sept. 416.1470, 416.1540, and 416.1545. Act, 42 USC 423(d)(5)(A) and 1382c(a)(3)(H)(i). 11, 2017); Matt Corallo (Sept. 11, 2017); Joseph A. 2 20 CFR 404.1512(a) and 416.912(a). Hall, Davis Polk & Wardwell LLP. All comments on Introduction 3 20 CFR 404.935(a) and 416.1435(a). the proposed rule change, as well as a copy of the 4 81 FR 90987. presentation submitted in a meeting with the We need complete evidentiary records 5 Commission’s staff on July 7, 2017, are available on 81 FR 45079, 45080 (2016). to make accurate, consistent disability 6 the Commission’s Web site at: https://www.sec.gov/ 20 CFR 404.1710(a) and 416.1510(a). comments/sr-nysearca-2017-06/ determinations and decisions at each 7 20 CFR 404.1740 and 416.1540. nysearca201706.htm. level of our administrative review 8 20 CFR 404.1740(b)(1) and 416.1540(b)(1). 10 17 CFR 200.30–3(a)(12). process. Although we take a role in 9 20 CFR 404.1740(b)(2) and 416.1540(b)(2).

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responsibility to obtain written the period on or before the date of the and fiduciaries of claimants. In that evidence. administrative law judge (ALJ) hearing regard, representatives must assist decision.14 claimants in satisfying the claimants’ Policy Interpretation Generally, individuals must submit or duties regarding the submission of 1. Statutory Provisions inform us about any written evidence no evidence and in complying with our In general, an individual has a later than 5 business days prior to the requests for information or evidence as statutory obligation to provide us with date of the scheduled hearing before an outlined in the prior section.19 evidence to prove to us that he or she ALJ.15 The ALJ may decline to consider In addition to these responsibilities, a is disabled or blind. The Act also or obtain any evidence if disclosure representative has an affirmative duty to precludes us from finding that an takes place after this date, unless certain provide competent assistance to the individual is disabled or blind unless he circumstances outlined in the claimant, including acting with or she submits such evidence to us.10 regulations apply.16 reasonable promptness to help obtain The Act also provides that we ‘‘shall We expect individuals to exercise information or evidence the claimant consider all evidence available in [an] their reasonable good faith judgment must submit.20 To fulfill his or her individual’s case record, and shall about what evidence ‘‘relates’’ to their affirmative duties under our rules, the develop a complete medical history of at disability claims.17 Evidence that may representative must forward this least the preceding twelve months for relate to whether or not a claimant is information or evidence to us and must any case in which a determination is blind or disabled includes objective assist the claimant in complying with made that the individual is not under a medical evidence, medical opinion our requests for information or evidence disability.’’ 11 In addition, when we evidence, other medical evidence, and as soon as practicable.21 In addition, make any determination, the Act evidence from nonmedical sources.18 under our rules of conduct, the requires us to ‘‘make every reasonable To satisfy the claimant’s obligation representative is prohibited from, effort to obtain from the individual’s under the regulations to ‘‘inform’’ us through his or her own actions or treating physician (or other treating about written evidence, he or she must omissions, unreasonably delaying or health care provider) all medical provide information specific enough to causing to be delayed, without good evidence, including diagnostic tests, identify the evidence (source, location, cause, the processing of a claim at any necessary in order to properly make and dates of treatment) and show that stage of the administrative such determination, prior to evaluating the evidence relates to the individual’s decisionmaking process.22 medical evidence obtained from any medical condition, work activity, job Representatives are also prohibited from other source on a consultative basis.’’ 12 history, medical treatment, or other engaging in actions or behavior Thus, although a claimant has the issues relevant to whether or not the prejudicial to the fair and orderly primary responsibility to submit individual is disabled or blind. If the conduct of administrative evidence related to his or her disability individual does not provide us with proceedings.23 A representative’s failure or blindness claim, the Act also gives us information specific enough to allow us to comply with his or her affirmative a role in developing evidence. Our to identify the written evidence and duties (or his or her engagement in statutory responsibilities to ensure that understand how it relates to whether or prohibited actions) could result in we develop a complete 12-month not the individual is disabled or blind, disciplinary action. medical history when we make a the individual has not informed us While our regulations state that a determination about whether an about evidence within the meaning of claimant must submit or inform us of all individual is under a disability, and to 20 CFR 404.935, 404.1512, 416.912 or written evidence at least 5 business days make every reasonable effort to obtain 416.1435, and we will not request that prior to a hearing, our rules of conduct from a claimant’s treating source all evidence. place additional requirements on medical evidence that we need to make representatives. As discussed above, 3. A Representative’s Affirmative Duty a determination before we evaluate under the rules of conduct, To Assist in Developing Written medical evidence from a consultative representatives are: (1) Required to act Evidence examiner, does not, however, reduce the with reasonable promptness to help claimant’s responsibilities in any way. Our regulations require appointed obtain information or evidence the representatives to assist claimants in claimant must submit; (2) required to 2. An Individual’s Affirmative Duty To complying fully with their assist the claimant in complying with Provide Written Evidence responsibilities under the Act and our our requests for information or evidence Our regulations require an individual regulations. All representatives must as soon as practicable; (3) prohibited to submit or inform us about all faithfully execute their duties as agents from unreasonably delaying or causing evidence known to him or her that a delay of the processing of a claim relates to whether or not he or she is 14 20 CFR 404.1512(a)(1) and 416.912(a)(1). without good cause; and (4) prohibited disabled or blind.13 This duty is ongoing 15 20 CFR 404.935 and 416.1435. from actions or behavior prejudicial to and requires an individual to disclose 16 20 CFR 404.935(b) and 416.1425(b). However, the fair and orderly conduct of any additional evidence about which he for age-18 redetermination and continuing- administrative proceedings. Therefore, disability review cases under title XVI of the Act, or she becomes aware. This duty applies the requirement to submit or inform us about we expect representatives to submit or at each level of the administrative evidence no later than 5 business days before a inform us about written evidence as review process, including the Appeals scheduled hearing does not apply if our other rules soon as they obtain or become aware of Council level if the evidence relates to allow the claimant to submit evidence after the date it. Representatives should not wait until of an ALJ decision. See 20 CFR 416.1435(c) and 416.1470(b). 5 business days before the hearing to 10 See sections 223(d)(5)(A) and 1614(a)(3)(H)(i) 17 80 FR 14828, 14829 (March 20, 2015). 19 of the Act, 42 USC 423(d)(5)(A) and 18 20 CFR 404.1513(a) and 416.913(a). However, See 20 CFR 404.1740(b)(1), (b)(2) and 1382c(a)(3)(H)(i); 20 CFR 404.1512(a)(1) and evidence generally does not include confidential 416.1540(b)(1), (b)(2). 416.912(a)(1). communications between the individual and his or 20 See 20 CFR 404.1740(b)(3) and 416.1540(b)(3). 11 Sections 223(d)(5)(B) and 1614(a)(3)(H)(i) of the her representative about providing or obtaining 21 20 CFR 404.1740(b)(1), (b)(2) and Act, 42 USC 423(d)(5)(B) and 1382c(a)(3)(H)(i). legal advice, and it does not include a 416.1540(b)(1), (b)(2). 12 Id. representative’s written analyses of the claim. 20 22 20 CFR 404.1740(c)(4) and 416.1540(c)(4). 13 20 CFR 404.1512(a)(1) and 416.912(a)(1). CFR 404.1513(b) and 416.913(b). 23 20 CFR 404.1740(c)(7) and 416.1540(c)(7).

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submit or inform us about written • any other occasion when a evidence when deciding whether to evidence unless they have compelling representative’s actions with regard to grant review unless: reasons for the delay (e.g., it was the submission of evidence may violate • One of the circumstances listed in impractical to submit the evidence our rules for representatives. 20 CFR 404.970(b) or 416.1470(b) earlier because it was difficult to obtain When we refer a possible violation to applies and the individual or his or her or the representative was not aware of OGC, it does not change our duties with representative shows that the evidence the evidence at an earlier date). In respect to the development of the is related to the period on or before the addition, it is only acceptable for a evidence.25 date of the hearing level decision; or representative to inform us about • the claim is a title XVI claim that evidence without submitting it if the 4. Our Duty To Assist Claimants in is not based on an application for representative shows that, despite good Developing Written Evidence benefits (e.g., an age-18 faith efforts, he or she could not obtain Before we make a determination that redetermination). the evidence. Simply informing us of an individual is not disabled, we must [FR Doc. 2017–21252 Filed 10–3–17; 8:45 am] the existence of evidence without develop the individual’s complete BILLING CODE 4191–02–P providing it or waiting until 5 days medical history, generally for at least 12 before a hearing to inform us about or months preceding the month in which provide evidence when it was otherwise he or she applied for benefits.26 We will DEPARTMENT OF STATE available, may cause unreasonable delay make every reasonable effort to help to the processing of the claim, without individuals obtain medical evidence [Public Notice 10152] good cause, and may be prejudicial to from their own medical sources and Notice of Determinations; Culturally the fair and orderly conduct of our entities that maintain medical evidence Significant Objects Imported for administrative proceedings. As such, when the individual gives us Exhibition Determinations: Exhibition this behavior could be found to violate permission to request the information.27 of Paintings by Women Artists in Paris our rules of conduct and could lead to Every reasonable effort means that we Between 1850 and 1900 sanction proceedings against the will make an initial request for evidence representative. from the medical source or entity that SUMMARY: Notice is hereby given of the Pursuant to the Act, we may, after due maintains the medical evidence, and, at following determinations: I hereby notice and opportunity for hearing, any time between 10 and 20 calendar determine that certain objects to be suspend or prohibit from further days after the initial request, if the included in the traveling exhibition practice before the Commissioner a evidence has not been received, we will identified under the titles below, representative who refuses to comply make a follow-up request to obtain the imported from abroad for temporary with our rules and regulations or who medical evidence necessary to make a exhibition within the United States, are violates any provision for which a determination.28 of cultural significance. The objects are 24 penalty is prescribed. We will assist with developing the imported pursuant to loan agreements We will evaluate each circumstance record and may request existing with the foreign owners or custodians. on a case-by-case basis to determine evidence directly from a medical source I also determine that the exhibition or whether to refer a possible violation of or entity that maintains the evidence if: display of the exhibit objects at the our rules to our Office of the General • We were informed about the Denver Art Museum, Denver, Colorado, Counsel (OGC). For example, in evidence (in the manner explained under the title ‘‘Her Paris: Women accordance with the regulatory above) no later than 5 business days Artists in the Age of Impressionism,’’ interpretation discussed above, we may before the date of the scheduled hearing; from on or about October 22, 2017, until refer a possible violation of rules to OGC or on or about January 14, 2018; at the when: • we were not informed about the Speed Art Museum, Louisville, • A representative informs us about evidence at least 5 business days before Kentucky, under the title ‘‘Women written evidence but refuses, without the date of the scheduled hearing, but Artists in the Age of Impressionism,’’ good cause, to make good faith efforts to one of the circumstances listed in 20 from on or about February 17, 2018, obtain and timely submit the evidence; until on or about May 13, 2018; at The • a representative informs us about CFR 404.935(b) or 416.1535(b) applies. Sterling and Francine Clark Art evidence that relates to a claim instead We will first ask the individual or Institute, Williamstown, Massachusetts, of acting with reasonable promptness to representative to submit the evidence. under the title ‘‘Women Artists in Paris help obtain and timely submit the However, if the individual or 1850–1900,’’ from on or about June 9, evidence to us; representative shows that he or she is • the representative waits until 5 days unable to obtain the evidence despite 2018, until on or about September 3, before a hearing to provide or inform us good faith efforts or for reasons beyond 2018; and at possible additional of evidence when the evidence was his or her control, we may request the exhibitions or venues yet to be known to the representative or available evidence directly from the medical determined, is in the national interest. to provide to us at an earlier date; source or entity that maintains the FOR FURTHER INFORMATION CONTACT: For • the clients of a particular evidence. further information, including a list of representative have a pattern of At the Appeals Council level of the imported objects, contact Elliot Chiu informing us about written evidence review, development of evidence is in the Office of the Legal Adviser, U.S. instead of making good-faith efforts to more limited. The Appeals Council will Department of State (telephone: 202– obtain and timely submit the evidence; not obtain or evaluate additional 632–6471; email: section2459@ or state.gov). The mailing address is U.S. 25 See 20 CFR 404.935 and 416.1435. Department of State, L/PD, SA–5, Suite 24 42 USC 406(a)(1). See also 20 CFR 404.1745 26 Sections 223(d)(5)(B) and 1614(a)(3)(H)(i) of the 5H03, Washington, DC 20522–0505. and 416.1545 (‘‘When we have evidence that a Act, 42 USC 423(d)(5)(B) and 1382c(a)(3)(H)(i); 20 SUPPLEMENTARY INFORMATION: The representative . . . has violated the rules governing CFR 404.1512(b) and 416.912(b). dealings with us, we may begin proceedings to 27 20 CFR 404.1512(b)(1) and 416.912(b)(1). foregoing determinations were made suspend or disqualify that individual from acting in 28 20 CFR 404.1512(b)(1)(i), 404.1593(b), pursuant to the authority vested in me a representational capacity before us.’’) 416.912(b)(1)(i), and 416.993(b). by the Act of October 19, 1965 (79 Stat.

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985; 22 U.S.C. 2459), E.O. 12047 of such act, executive order, regulation, or DEPARTMENT OF STATE March 27, 1978, the Foreign Affairs procedure as amended from time to Reform and Restructuring Act of 1998 time. [Public Notice 10151] (112 Stat. 2681, et seq.; 22 U.S.C. 6501 Notwithstanding this delegation of note, et seq.), Delegation of Authority authority, the Secretary, the Deputy Notice of Determinations; Culturally No. 234 of October 1, 1999, Delegation Secretary, and the Under Secretary for Significant Objects Imported for of Authority No. 236–3 of August 28, Arms Control and International Security Exhibition Determinations: ‘‘Veronese 2000 (and, as appropriate, Delegation of may at any time exercise any authority in Murano: Two Venetian Renaissance Authority No. 257–1 of December 11, or function delegated by this delegation Masterpieces Restored’’ Exhibition 2015). I have ordered that Public Notice of authority. Delegation of Authority of these determinations be published in Nos. 140, 140–1, 140–2, 140–3, 140–4, SUMMARY: Notice is hereby given of the the Federal Register. and 140–5 are hereby rescinded. following determinations: I hereby Alyson Grunder, This delegation of authority shall be determine that two objects to be Deputy Assistant Secretary for Policy, Bureau published in the Federal Register. included in the exhibition ‘‘Veronese in of Educational and Cultural Affairs, Murano: Two Venetian Renaissance Department of State. Rex W. Tillerson, Masterpieces Restored,’’ imported from Secretary of State. [FR Doc. 2017–21314 Filed 10–3–17; 8:45 am] abroad for temporary exhibition within [FR Doc. 2017–21357 Filed 10–3–17; 8:45 am] BILLING CODE 4710–05–P the United States, are of cultural BILLING CODE 4710–10–P significance. The objects are imported pursuant to loan agreements with the DEPARTMENT OF STATE DEPARTMENT OF STATE foreign owner or custodian. I also [Delegation of Authority: 438] determine that the exhibition or display of the exhibit objects at The Frick Delegation of Authority: Nuclear Non- [Public Notice 10154] Collection, New York, New York, from Proliferation Act and Atomic Energy Department of State FY 2016 Service on or about October 24, 2017, until on Act Contract Inventory or about March 11, 2018, at the New By virtue of the authority vested in Orleans Museum of Art, New Orleans, the Secretary of State by the laws of the AGENCY: Department of State. Louisiana, from on or about April 19, 2018, until on or about September 3, United States, including by 22 U.S.C. ACTION: Notice of release of the 2018, and at possible additional 2651a, I hereby delegate to the Assistant Department of State’s FY 2016 Service Secretary for International Security and Contract Inventory. exhibitions or venues yet to be Nonproliferation, to the extent determined, is in the national interest. authorized by law, the following SUMMARY: Acting in compliance with FOR FURTHER INFORMATION CONTACT: For functions conferred upon the Secretary Section 743 of Division C of the further information, including a list of by the Nuclear Non-Proliferation Act of Consolidated Appropriations Act of the imported objects, contact Elliot Chiu 1978, Public Law 95–242 (hereinafter 2010 (Pub. L. 111–117), the Department in the Office of the Legal Adviser, U.S. referred to as the ‘‘Act’’), and the of State is publishing this notice to Atomic Energy Act of 1954, Public Law Department of State (telephone: 202– advise the public of the availability of 632–6471; email: section2459@ 83–703, as amended (hereinafter the FY 2016 Service Contract Inventory. referred to as ‘‘the Atomic Energy Act’’): state.gov). The mailing address is U.S. The FY 2016 Service Contract Inventory Department of State, L/PD, SA–5, Suite (1) Those under section 102, 402 (a), includes the FY 2016 Planned Analysis, 5H03, Washington, DC 20522–0505. 502(c), 602(c) of the Act; and the FY 2015 Meaningful Analysis. (2) Those under sections 57(b)(2), 109, The inventory was developed in SUPPLEMENTARY INFORMATION: The 111(b)(1), and 131 of the Atomic Energy accordance with guidance issued by the foregoing determinations were made Act; pursuant to the authority vested in me (3) Those under section 126 of the Office of Management and Budget (OMB), Office of Federal Procurement by the Act of October 19, 1965 (79 Stat. Atomic Energy Act, except for the 985; 22 U.S.C. 2459), E.O. 12047 of function of making recommendations to Policy (OFPP). The Department of State March 27, 1978, the Foreign Affairs the President on functions reserved to has posted its FY 2016 Service Contract Reform and Restructuring Act of 1998 him; Inventory at the following link: http:// csm.state.gov/content.asp?content_ (112 Stat. 2681, et seq.; 22 U.S.C. 6501 (4) Those under section 123 of the _ Atomic Energy Act, subject to the id=135&menu id=71. note, et seq.), Delegation of Authority Department of State’s Circular 175 DATES: The inventory is available on the No. 234 of October 1, 1999, Delegation procedure and except for the function of Department’s Web site as of September of Authority No. 236–3 of August 28, making recommendations to the 18, 2017. 2000 (and, as appropriate, Delegation of President on functions reserved to him; Authority No. 257–1 of December 11, FOR FURTHER INFORMATION CONTACT: and 2015). I have ordered that Public Notice Marlon Henry, Management and (5) Those delegated by paragraphs (a), of these determinations be published in Program Analyst, A/EX/CSM, 202–485– (b), and (c) of section 2 of Executive the Federal Register. 7210, [email protected]. Order 12058 of May 11, 1978, provided Alyson Grunder, that the negotiation and conclusion of Marlon Henry, Deputy Assistant Secretary for Policy, Bureau international agreements shall remain Management and Program Analyst, of Educational and Cultural Affairs, subject to the Department of State Collaborative Strategy and Management Circular 175 procedure. Division, Bureau of Administration, Department of State. Any act, executive order, regulation, Department of State. [FR Doc. 2017–21313 Filed 10–3–17; 8:45 am] or procedure subject to, or affected by, [FR Doc. 2017–21364 Filed 10–3–17; 8:45 am] BILLING CODE 4710–05–P this delegation shall be deemed to be BILLING CODE 4710–24–P

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DEPARTMENT OF STATE 2651a), and Executive Order 13648 of may submit technical questions as July 1, 2013 (the Executive Order), I described in the Board’s decision to [Public Notice 10153] hereby designate the Under Secretary [email protected] by October 11, Notice of Determinations; Culturally for Economic Growth, Energy, and the 2017. Environment (the Under Secretary) as Significant Objects Imported for ADDRESSES: Send written comments (an the Department of State representative Exhibition Determinations: ‘‘Franc¸ois original and 10 copies) referring to to the Presidential Task Force on Morellet’’ Exhibition Docket No. EP 290 (Sub-No. 4) to: Wildlife Trafficking, established by Surface Transportation Board, 395 E SUMMARY: Notice is hereby given of the Section 2 of the Executive Order; Street SW., Washington, DC 20423– following determinations: I hereby together with the authorities necessary 0001. The technical workshop with determine that two objects to be to carry out such function. In the event interested parties and Board staff will be included in the exhibition ‘‘Franc¸ois that the position of the Under Secretary held on October 17, 2017, at 10:00 a.m. Morellet,’’ imported from abroad for is vacant, I hereby designate the in the Board’s Hearing Room at 395 E temporary exhibition within the United Assistant Secretary for Oceans and Street, SW., Washington, DC 20423– States, are of cultural significance. The International Environmental and 0001. objects are imported pursuant to a loan Scientific Affairs to be the Department agreement with the foreign owner or of State representative for purposes of FOR FURTHER INFORMATION CONTACT: custodian. I also determine that the the Executive Order. Any act, executive Pedro Ramirez, (202) 245–0333. Federal exhibition or display of the exhibit order, regulation, or procedure subject Information Relay Service (FIRS) for the objects at the Dia Art Foundation, New to, or affected by, this delegation shall hearing impaired, (800) 877–8339. York, New York, from on or about be deemed to be such act, executive SUPPLEMENTARY INFORMATION: This October 28, 2017, until on or about June order, regulation, or procedure as workshop will be available on the 2, 2018, and at possible additional amended from time to time. Board’s Web site by live video exhibitions or venues yet to be Notwithstanding this delegation of streaming. To access the workshop, determined, is in the national interest. authority, the Secretary and the Deputy click on the ‘‘Live Video’’ link under FOR FURTHER INFORMATION CONTACT: For Secretary may at any time exercise any ‘‘Information Center’’ at the left side of further information, including a list of authority or function delegated by this the home page beginning at October 17, the imported objects, contact Elliot Chiu delegation of authority. This delegation 2017, at 10:00 a.m. Additional in the Office of the Legal Adviser, U.S. of authority shall be published in the information is contained in the Board’s Department of State (telephone: 202– Federal Register. decision, which is available on our Web 632–6471; email: section2459@ Rex W. Tillerson, site at http://www.stb.gov. Copies of the state.gov). The mailing address is U.S. Secretary of State. decision may be purchased by Department of State, L/PD, SA–5, Suite contacting the Board’s Office of Public [FR Doc. 2017–21358 Filed 10–3–17; 8:45 am] 5H03, Washington, DC 20522–0505. Assistance, Governmental Affairs, and BILLING CODE 4710–10–P SUPPLEMENTARY INFORMATION: The Compliance at (202) 245–0236. foregoing determinations were made Assistance for the hearing impaired is pursuant to the authority vested in me available through FIRS at (800) 877– SURFACE TRANSPORTATION BOARD by the Act of October 19, 1965 (79 Stat. 8339. 985; 22 U.S.C. 2459), E.O. 12047 of [Docket No. EP 290 (Sub-No. 4)] Decided: September 29, 2017. March 27, 1978, the Foreign Affairs By the Board, Board Members Begeman, Reform and Restructuring Act of 1998 Railroad Cost Recovery Procedures— Productivity Adjustment Elliott, and Miller. (112 Stat. 2681, et seq.; 22 U.S.C. 6501 Marline Simeon, note, et seq.), Delegation of Authority AGENCY: Surface Transportation Board. Clearance Clerk. No. 234 of October 1, 1999, Delegation ACTION: Modified Proposed Railroad of Authority No. 236–3 of August 28, [FR Doc. 2017–21348 Filed 10–3–17; 8:45 am] Cost Recovery Procedures Productivity BILLING CODE 4915–01–P 2000 (and, as appropriate, Delegation of Adjustment. Authority No. 257–1 of December 11, 2015). I have ordered that Public Notice SUMMARY: In a decision served on of these determinations be published in September 29, 2017, the Surface SUSQUEHANNA RIVER BASIN the Federal Register. Transportation Board proposes a second COMMISSION tentative productivity adjustment for the Alyson Grunder, Public Hearing change in the railroad productivity for Deputy Assistant Secretary for Policy, Bureau the 2011–2015 averaging period, of Educational and Cultural Affairs, AGENCY: Susquehanna River Basin Department of State. modified to reflect new data, and invites Commission. comments on a new ‘‘linking factor’’ [FR Doc. 2017–21315 Filed 10–3–17; 8:45 am] ACTION: Notice. computed to enable the modified 2015 BILLING CODE 4710–05–P productivity adjustment to be compared SUMMARY: The Susquehanna River Basin to prior years’ productivity adjustments. Commission will hold a public hearing DEPARTMENT OF STATE The Board will also hold a technical on November 2, 2017, in Harrisburg, workshop with interested parties and Pennsylvania. At this public hearing, [Delegation of Authority: 364–1] Board staff. the Commission will hear testimony on DATES: SUPPLEMENTARY Membership on the Presidential Task Parties may file written the projects listed in the Force on Wildlife Trafficking comments by November 13, 2017, and INFORMATION section of this notice. Such may file replies by December 13, 2017. projects are intended to be scheduled By virtue of the authority vested in In addition, a technical workshop with for Commission action at its next the Secretary of State, including Section interested parties and Board staff will be business meeting, tentatively scheduled 1 of the State Department Basic held on October 17, 2017, at 10:00 a.m. for December 7, 2017, which will be Authorities Act, as amended (22 U.S.C. Prior to the workshop, interested parties noticed separately. The public should

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take note that this public hearing will be (Susquehanna River), Athens Township, County, Pa. Application for renewal of the only opportunity to offer oral Bradford County, Pa. Application for surface water withdrawal of up to 0.500 comment to the Commission for the renewal of surface water withdrawal of mgd (peak day) (Docket No. 20131210). listed projects. The deadline for the up to 0.750 mgd (peak day) (Docket No. 16. Project Sponsor and Facility: submission of written comments is 20131202). Village of Waverly, Tioga County, N.Y. November 13, 2017. 6. Project Sponsor and Facility: Application for groundwater DATES: The public hearing will convene Houtzdale Municipal Authority, Gulich withdrawal of up to 0.320 mgd (30-day on November 2, 2017, at 2:30 p.m. The Township, Clearfield County, Pa. average) from Well 1. public hearing will end at 5:00 p.m. or Application for groundwater 17. Project Sponsor and Facility: at the conclusion of public testimony, withdrawal of up to 1.008 mgd (30-day Village of Waverly, Tioga County, N.Y. whichever is sooner. The deadline for average) from Well 14R. Application for groundwater the submission of written comments is 7. Project Sponsor and Facility: LHP withdrawal of up to 0.480 mgd (30-day November 13, 2017. Management, LLC (Fishing Creek), Bald average) from Well 2. 18. Project Sponsor and Facility: ADDRESSES: Eagle Township, Clinton County, Pa. The public hearing will be Village of Waverly, Tioga County, N.Y. conducted at the Pennsylvania State Application for surface water withdrawal of up to 0.999 mgd (peak Application for groundwater Capitol, Room 8E–B, East Wing, withdrawal of up to 0.470 mgd (30-day Commonwealth Avenue, Harrisburg, Pa. day). 8. Project Sponsor and Facility: average) from Well 3. FOR FURTHER INFORMATION CONTACT: Martinsburg Municipal Authority, North Opportunity To Appear and Comment Jason Oyler, General Counsel, Woodbury Township, Blair County, Pa. telephone: (717) 238–0423, ext. 1312; Application for renewal of groundwater Interested parties may appear at the fax: (717) 238–2436. withdrawal of up to 0.346 mgd (30-day hearing to offer comments to the Information concerning the average) from Wineland Well 3 (Docket Commission on any project listed above. applications for these projects is No. 19870304). The presiding officer reserves the right available at the SRBC Water Application 9. Project Sponsor and Facility: to limit oral statements in the interest of and Approval Viewer at http:// Borough of Mifflinburg, West Buffalo time and to otherwise control the course mdw.srbc.net/waav. Additional Township, Union County, Pa. of the hearing. Guidelines for the public supporting documents are available to Modification to request a reduction in hearing will be posted on the inspect and copy in accordance with the the withdrawal rate of Well PW–2 from Commission’s Web site, www.srbc.net, Commission’s Access to Records Policy 0.554 mgd to 0.396 mgd (30-day prior to the hearing for review. The at www.srbc.net/pubinfo/docs/2009-02_ presiding officer reserves the right to _ _ _ _ average), and to eliminate wetlands Access to Records Policy monitoring condition (Docket No. modify or supplement such guidelines 20140115.pdf. 20141203). at the hearing. Written comments on SUPPLEMENTARY INFORMATION: The 10. Project Sponsor and Facility: any project listed above may also be public hearing will cover the following Repsol Oil & Gas USA, LLC (Choconut mailed to Mr. Jason Oyler, General projects: Creek), Choconut Township, Counsel, Susquehanna River Basin Susquehanna County, Pa. Application Commission, 4423 North Front Street, Projects Scheduled for Action for renewal of surface water withdrawal Harrisburg, Pa. 17110–1788, or 1. Project Sponsor and Facility: Beech of up to 0.999 mgd (peak day) (Docket submitted electronically through Creek Borough Authority, Beech Creek No. 20131211). www.srbc.net/pubinfo/ Borough, Clinton County, Pa. 11. Project Sponsor and Facility: publicparticipation.htm. Comments Application for renewal of groundwater Schuylkill Energy Resources, Inc., mailed or electronically submitted must withdrawal of up to 0.220 mgd (30-day Mahanoy Township, Schuylkill County, be received by the Commission on or average) from Well 2 (Docket No. Pa. Application for renewal of before November 13, 2017, to be 19870602). groundwater withdrawal of up to 5.000 considered. 2. Project Sponsor and Facility: mgd (30-day average) from Maple Hill Authority: Pub. L. 91–575, 84 Stat. 1509 et Brymac, Inc. dba Mountain View Mine Shaft Well (Docket No. 19870101). seq., 18 CFR parts 806, 807, and 808. Country Club (Pond 3⁄4), Harris 12. Project Sponsor and Facility: Township, Centre County, Pa. Schuylkill Energy Resources, Inc., Dated: September 29, 2017. Application for surface water Mahanoy Township, Schuylkill County, Stephanie L. Richardson, withdrawal of up to 0.240 mgd (peak Pa. Application for renewal of Secretary to the Commission. day). consumptive use of up to 2.550 mgd [FR Doc. 2017–21324 Filed 10–3–17; 8:45 am] 3. Project Sponsor and Facility: Cabot (peak day) (Docket No. 19870101). BILLING CODE 7040–01–P Oil & Gas Corporation (East Branch 13. Project Sponsor: SUEZ Water Tunkhannock Creek), Lenox Township, Pennsylvania Inc. Project Facility: Susquehanna County, Pa. Application Shavertown Operation, Dallas DEPARTMENT OF TRANSPORTATION for surface water withdrawal of up to Township, Luzerne County, Pa. 1.000 mgd (peak day). Application for groundwater Federal Aviation Administration 4. Project Sponsor and Facility: Cabot withdrawal of up to 0.288 mgd (30-day Public Notice for Land Release; Skagit Oil & Gas Corporation (Meshoppen average) from the Salla Well. Creek), Lemon Township, Wyoming 14. Project Sponsor and Facility: SWN Regional Airport, Burlington, WA County, Pa. Modification to increase Production Company, LLC (Lycoming AGENCY: Federal Aviation surface water withdrawal by an Creek), Lewis Township, Lycoming Administration (FAA), DOT. additional 0.500 mgd (peak day), for a County, Pa. Application for renewal of ACTION: Notice. total surface water withdrawal of up to surface water withdrawal of up to 0.500 1.000 mgd (peak day) (Docket No. mgd (peak day) (Docket No. 20131209). SUMMARY: Notice is being given that the 20170302). 15. Project Sponsor and Facility: SWN FAA is considering a proposal from the 5. Project Sponsor and Facility: Production Company, LLC (Lycoming Port of Skagit County to release Chesapeake Appalachia, L.L.C. Creek), McIntyre Township, Lycoming approximately 125 acres of airport land

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from Surplus Property restrictions. The DEPARTMENT OF TRANSPORTATION This notice applies to all Federal property consists of 45 buildable acres agency decisions by issuing licenses, and 76.5 acres of protected wetland/ Federal Highway Administration permits, and approvals as of the buffer as well as road and drainage issuance date of this notice and all laws Notice of Final Federal Agency Actions improvements. Environmental analysis under which such actions were taken, on Proposed Transportation Projects has been completed. Lots range from 1.7 including but not limited to: in Florida acres to 8.8 acres in size. The property 1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321– is located within the Bayview Ridge AGENCY: Federal Highway 4351; Federal-Aid Highway Act (FAHA) Subarea Plan. The release will allow the Administration (FHWA), USDOT. [23 U.S.C. 109 and 23 U.S.C. 128]. expansion of industrial facilities ACTION: Notice of limitation of claims for 2. Air: Clean Air Act (CAA), 42 U.S.C. adjacent to the existing Paccar judicial review of actions by FHWA and 7401–7671(q). operation. other Federal Agencies. 3. Land: Section 4(f) of the Department of Transportation Act of DATES: Comments are due within 30 SUMMARY: This notice announces actions 1966 (4f) [49 U.S.C. 303 and 23 U.S.C. days of the date of the publication of taken by FHWA and other Federal 138]. this notice in the Federal Register. Agencies since July 25, 2016, that are 4. Wildlife: Endangered Species Act Written comments can be provided to final. The actions relate to the proposed (ESA) [16 U.S.C. 1531–1544 and 1536]; Ms. Cayla D. Morgan, Environmental SR–87 Connector (from SR 87S to SR Marine Mammal Protection Act [16 Protection Specialist, Seattle Airports 87N) in Santa Rosa County; and the I– U.S.C. 1361], Fish and Wildlife District Office, 1601 Lind Avenue SW., 4 Beyond the Ultimate (BtU) from south Coordination Act [16 U.S.C. 661–667(d); Suite 250, Renton, WA 98057–3356. of SR 528 to east of SR 472 in Orange, Migratory Bird Treaty Act (MBTA) [16 Seminole and Volusia Counties, in the U.S.C. 703–712]; Magnuson-Stevenson FOR FURTHER INFORMATION CONTACT: Ms. State of Florida. These actions grant Fishery Conservation and Management Heather Rogerson, Planning and licenses, permits, and approvals for the Act of 1976, as amended [16 U.S.C. 1801 Environmental Administrator, Port of projects. et seq.]. Skagit, 15400 Airport Drive, Burlington, DATES: 5. Historic and Cultural Resources: WA 98223; or Ms. Cayla D. Morgan, A claim seeking judicial review of the Federal agency actions on the Section 106 of the National Historic Environmental Protection Specialist, listed highway projects will be barred Preservation Act of 1966, as amended Seattle Airports District Office, 1601 unless the claim is filed on or before (106) [16 U.S.C. 470(f) et seq.]; Lind Avenue SW., Suite 250, Renton, March 5, 2018. If the Federal law that Archaeological Resources Protection Act WA, 98057–3356, (425) 227–2653. authorizes judicial review of a claim of 1977 (ARPA) [16 U.S.C. 470(aa)– Documents reflecting this FAA action provides a time period of less than 150 470(II)]; Archaeological and Historic may be reviewed at the above locations. days for filing such claim, then that Preservation Act (AHPA) [16 U.S.C. 469–469(c)]; Native American Grave SUPPLEMENTARY INFORMATION: Under the shorter time period still applies. Protection and Repatriation Act provisions of Title 49, U.S.C. 47151(d), FOR FURTHER INFORMATION CONTACT: For (NAGPRA) [25 U.S.C. 3001–3013]. and 47153(c), the FAA is considering a FHWA: Ms. Cathy Kendall, AICP, 6. Social and Economic: Civil Rights proposal from the Port of Skagit to Senior Environmental Specialist, FHWA Act of 1964 (Civil Rights) [42 U.S.C. release approximately 125 acres of Florida Division, 3500 Financial Plaza, 20000(d)–2000(d)(1)]; American Indian airport land. The Port has invested Suite 400, Tallahassee, Florida 32312; Religious Freedom Act [42 U.S.C. 1996]; significant funds for commercial telephone: (850) 553–2225; email: Farmland Protection Policy Act (FPPA) subdivisions and installation of critical [email protected]. The FHWA [7 U.S.C. 4201–4209]. infrastructure in Divisions 5 and 7, but Florida Division Office’s normal 7. Wetlands and Water Resources: despite the ready-to-build condition and business hours are 7:30 a.m. to 4:00 p.m. Clean Water Act (Section 404, Section years of steady marketing the Port has (Eastern Standard Time), Monday 401, Section 319) [33 U.S.C. 1251– not been able to attract a suitable through Friday, except Federal holidays. 1377]; Coastal Barriers Resources Act private-sector development on a leased SUPPLEMENTARY INFORMATION: Notice is (CBRA) [16 U.S.C. 3501 et seq.]; Coastal basis. hereby given that FHWA and other Zone Management Act (CZMA) [16 Federal Agencies have taken final U.S.C. 1451–1466]; Land and Water Paccar, Inc., a private sector agency action by issuing licenses, Conservation Fund (LWCF) [16 U.S.C. corporation, has now presented the Port permits, and approvals for the projects 4601–4604]; Safe Drinking Water Act with an offer to purchase. The Port in Florida listed below. The actions by (SDWA) [42 U.S.C. 300(f)–300(j)(6)]; commission has declared a portion of the Federal agencies on a project, and Rivers and Harbors Act of 1899 [33 Division 5 and all of Division 7 (‘‘the the laws under which such actions were U.S.C. 401–406]; Wild and Scenic property’’) surplus to the needs of Port taken, are described in the documented Rivers Act [16 U.S.C. 1271–1287]; of Skagit and desires to sell the property environmental evaluation and Emergency Wetlands Resources Act [16 to Paccar in order to generate new assessment study or environmental U.S.C. 3921, 3931]; Wetlands income to be used for the benefit of the impact statement (EIS) issued in Mitigation, [23 U.S.C. 103(b)(6)(M) and Airport. connection with the project, and in 103(b)(11)]; Flood Disaster Protection Issued in Renton, Washington, on other project records for the listed Act [42 U.S.C. 4001–4128]. September 27, 2017. projects. The Final Evaluation and 8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Jason Ritchie, Assessment Study, or FEIS, Record of Decision (ROD), and other documents Floodplain Management; E.O. 12898, Assistant Manager, Seattle Airports District from FHWA and other Federal Agency Federal Actions to Address Office. project records for the listed projects are Environmental Justice in Minority [FR Doc. 2017–21361 Filed 10–3–17; 8:45 am] available by contacting the FHWA at the Populations and Low Income BILLING CODE 4910–13–P address above, or by using the links Populations; E.O. 11593 Protection and provided below. Enhancement of Cultural Resources;

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E.O. 13287 Preserve America; E.O. SUMMARY: Gillig, LLC (Gillig), has be considered to the fullest extent 13175 Consultation and Coordination determined that certain model year possible. with Indian Tribal Governments; E.O. (MY) 1997–2016 Gillig low floor buses When the petition is granted or 11514 Protection and Enhancement of do not fully comply with Federal Motor denied, notice of the decision will also Environmental Quality; E.O. 13112 Vehicle Safety Standard (FMVSS) No. be published in the Federal Register Invasive Species. 108, Lamps, Reflective Devices, and pursuant to the authority indicated at The projects subject to this notice are: Associated Equipment. Gillig filed a the end of this notice. 1. Project Location: Santa Rosa noncompliance report dated February All comments, background County, SR 87 Connector from SR 87 24, 2017. Gillig also petitioned NHTSA documentation, and supporting South to SR 87 North, Federal Project on March 24, 2017, and amended it on materials submitted to the docket may No: SF1 296 R, S129 348 R, TCSP 033 May 10, 2017, for a decision that the be viewed by anyone at the address and U, T129 348 R. Project type: The project subject noncompliance is times given above. The documents may involves a new roadway facility that inconsequential as it relates to motor also be viewed on the Internet at https:// will directly link SR 87S with SR 87N vehicle safety. www.regulations.gov by following the online instructions for accessing the in the vicinity of Milton. Final agency DATES: The closing date for comments dockets. The docket ID number for this actions are taken under: NEPA, FAHA, on the petition is November 3, 2017. CAA, 4(f), E.O. 12898, etc., and are petition is shown in the heading of this ADDRESSES: Interested persons are notice. described in the FEIS and ROD issued invited to submit written data, views, on October 20, 2016, and are available DOT’s complete Privacy Act and arguments on this petition. Statement is available for review in a at http://www.sr87connector.com/ Comments must refer to the docket and status.html. Federal Register notice published on notice number cited in the title of this April 11, 2000, (65 FR 19477–78). 2. Project Location: Orange, Seminole, notice and submitted by any of the and Volusia Counties, Interstate 4 (I–4) SUPPLEMENTARY INFORMATION: following methods: I. Overview: Gillig, LLC (Gillig), has from south of SR 528 to east of SR 472, • Mail: Send comments by mail Federal Project No: 0041 227 I. The determined that certain model year addressed to U.S. Department of (MY) 1997–2016 Gillig low floor buses project involves the build-out of I–4 in Transportation, Docket Operations, M– Central Florida to result in three General do not fully comply with paragraph 30, West Building Ground Floor, Room S7.1.1.13.1 of FMVSS No. 108, Lamps, Use lanes in each direction with the W12–140, 1200 New Jersey Avenue SE., addition of two new Express Lanes in Reflective Devices, and Associated Washington, DC 20590. Equipment. Gillig filed a each direction, resulting in a total of ten • Hand Delivery: Deliver comments dedicated lanes. Final agency actions noncompliance report dated February by hand to U.S. Department of 24, 2017, pursuant to 49 CFR part 573, are taken under: NEPA, etc., and are Transportation, Docket Operations, M– Defect and Noncompliance described in the Final Evaluation and 30, West Building Ground Floor, Room Responsibility and Reports. Gillig also Assessment Study and ROD issued on W12–140, 1200 New Jersey Avenue SE., petitioned NHTSA on March 24, 2017, August 24, 2017, and are available at Washington, DC 20590. The Docket and amended it on May 10, 2017, www.i4express.com. Section is open on weekdays from 10 pursuant to 49 U.S.C. 30118(d) and (Catalog of Federal Domestic Assistance a.m. to 5 p.m. except Federal Holidays. 30120(h) and 49 CFR part 556, for an Program Number 20.205, Highway Planning • Electronically: Submit comments exemption from the notification and and Construction. The regulations electronically by logging onto the remedy requirements of 49 U.S.C. implementing Executive Order 12372 Federal Docket Management System Chapter 301 on the basis that this regarding intergovernmental consultation on (FDMS) Web site at https:// noncompliance is inconsequential as it Federal programs and activities apply to this www.regulations.gov/. Follow the online program.) relates to motor vehicle safety. instructions for submitting comments. This notice of receipt of Gillig’s Authority: 23 U.S.C. 139(l)(1). • Comments may also be faxed to petition is published under 49 U.S.C. Issued on: September 27, 2017. (202) 493–2251. 30118 and 30120 and does not represent David Hawk, Comments must be written in the any agency decision or other exercise of Acting Division Administrator, Federal English language, and be no greater than judgment concerning the merits of the Highway Administration, Tallahassee, 15 pages in length, although there is no petition. Florida. limit to the length of necessary II. Buses Involved: Approximately [FR Doc. 2017–21372 Filed 10–3–17; 8:45 am] attachments to the comments. If 41,714 MY 1997–2016 Gillig low floor BILLING CODE 4910–RY–P comments are submitted in hard copy buses, manufactured between December form, please ensure that two copies are 31, 1997, and February 3, 2017, are provided. If you wish to receive potentially involved. DEPARTMENT OF TRANSPORTATION confirmation that comments you have III. Noncompliance: Gillig stated that submitted by mail were received, please it installed six different generations of National Highway Traffic Safety enclose a stamped, self-addressed turn signal assemblies in the subject Administration postcard with the comments. Note that buses; however, after receiving two all comments received will be posted complaints that their Generation 7 turn [Docket No. NHTSA–2017–0021; Notice 1] without change to https:// signal assemblies were not sufficiently www.regulations.gov, including any visible, Gillig and the turn signal Gillig, LLC, Receipt of Petition for personal information provided. manufacturer went back and tested the Decision of Inconsequential All comments and supporting previous generations to see if they met Noncompliance materials received before the close of the requirements of FMVSS No. 108. AGENCY: National Highway Traffic business on the closing date indicated Test results for generations 1 through 6 Safety Administration (NHTSA), above will be filed in the docket and of the turn signal assemblies showed Department of Transportation (DOT). will be considered. All comments and that they do not meet all the minimum supporting materials received after the photometry requirements of paragraph ACTION: Receipt of petition. closing date will also be filed and will S7.1.1.13.1 of FMVSS No. 108.

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IV. Rule Text: Paragraph S7.1.1.13.1 Gillig, in concert with Hamsar output for Generation 3 turn signals of FMVSS No. 108, states, in pertinent Diversco (Hamsar), its lighting supplier, achieve 105%–575% of minimum part: conducted a series of compliance testing values. The PI output for Generation 4 S7.1.1.13 Photometry for Generations 1 to 6. In order to turn signals achieve 109%–386% of S7.1.1.13.1 When tested according to the accurately execute the testing, Hamsar minimum values. The PI output for procedure of S14.2.1, each front turn signal used CAD drawings of the Gillig Low- Generation 5 turn signals achieve lamp must be designed to conform to the Floor to construct an aluminum test 224%–267% of minimum values. base photometry requirements plus any stand fixture. The test stand precisely Finally, the PI output for Generation 6 applicable multipliers as shown in Tables matched the orientation and angle at turn signals achieve 114%–1022% of VI–a and VI-b for the number of lamp which the turn signal would have been minimum values. compartments or individual lamps and the installed on a Gillig Low-Floor bus. type of vehicle it is installed on. Hamsar then conducted a series of tests Gillig further contends that the turn V. Summary of Gillig’s Petition: Gillig measuring the PI output using samples signals are sufficiently bright and visible described the subject noncompliance of each of the available generations of overall and there is little if any and stated its belief that the turn signals. A summary of test data perceptible difference in light output noncompliance is inconsequential as it shows: when compared with a compliant turn signal. The comparisons also illustrate relates to motor vehicle safety. (a) For Generations 1 and 2 (the oldest In support of its petition, Gillig generations), the assemblies meet the how visually similar the performance of submitted the following reasoning: minimum photometric intensity (PI) the earlier generations of the assemblies 1. Analysis: For front turn signals, the requirements for 3 of 5 groups and allowable are to the FMVSS No. 108 standard, and FMVSS No. 108 photometry 60% of minimum PI at 13 of 19 individual why their noncompliance garnered no requirements provide that ‘‘when tested test points. The turn signal’s overall PI attention, by Gillig or its customers, in output of 1271 candelas is approximately over twenty years of production. according to the procedure of S14.2.1, 25% below the combined minimum each front turn signal lamp must be requirements for all 5 groups (1710 candelas). 2. NHTSA has Previously Granted designed to conform to the base (b) For turn signals in Generation 3, the Petitions Where Lighting Equipment Did photometry requirements plus any assemblies meet the minimum PI Not Meet the Photometry Requirements: applicable multipliers 1 for the number requirements of 3 of 5 test groups and Gillig contends that from its inception, of lamp compartments or individual allowable 60% of minimum PI at 13 of 19 individual test points. However, the overall the Safety Act has included a provision lamps and the type of vehicle it is recognizing that some noncompliances installed on.’’ See FMVSS No. 108, PI output for Generation 3 turn signals of 2506 candelas is 47% greater than the pose little or no safety risk. In applying S7.1.1.13.1. combined minimum requirements for all 5 this recognition to particular fact A front turn signal lamp meets the groups (1710 candelas).2 situations, the agency considers whether photometry requirements of FMVSS No. (c) For turn signals in Generation 4, the the noncompliance gives rise to ‘‘a 108 if it: (1) Meets the minimum assemblies meet the minimum PI significantly greater risk than . . . in a photometric intensity (‘‘PI’’) requirements for 3 of 5 test groups and compliant vehicle.’’ See 69 FR 19897– requirement in each of the five test allowable 60% of minimum PI at 15 of 19 19900 (April 14, 2000). groups, (2) none of the values for the individual test points. However, the overall individual test points are less than 60% PI output for Generation 4 turn signals of Relying on this same principle, Gillig 2120 candelas is 24% greater than the contends that despite the technical of its own minimum PI value, and (3) combined minimum requirements for all 5 the minimum PI value between test groups (1710 candelas). noncompliance with the PI points is not less than the lower (d) For turn signals in Generation 5, the requirements, the light output in specified minimum value of the two assemblies meet the minimum PI Generation 1–6 turn signals is closest adjacent test points on a requirements for 2 of 5 test groups and sufficiently bright and does not create a horizontal or vertical line. Stated allowable 60% of minimum PI 8 of 19 greater risk than turn signal assemblies another way, an individual test point individual test points. However, the overall that fully meet the photometric may be up to 40% below its minimum PI output for Generation 5 turn signals of parameters. Gillig states that NHTSA 1403 candelas is only 18% below the PI value as long as the group in which combined minimum requirements for all 5 has considered deviations from these it is contained achieves the overall groups (1710 candelas). photometric parameters on numerous group minimum PI value. Based on this (e) For turn signal assemblies in Generation occasions, frequently finding that there approach, even if the turn signal did not 6, the assemblies also meet the minimum is no need for a recall remedy campaign meet the minimum photometry photometric intensity for 3 of 5 test groups when there are other factors requirements at multiple individual test and allowable 60% of minimum photometric contributing to the overall brightness of intensity for 12 of 19 individual test points. points, the assembly complies with the the equipment. standard as long as the overall light The overall photometric intensity output for Generation 6 turn signals of 4201 candelas is For example, the agency granted a intensity of all the test points included 146% greater than the combined minimum petition by General Motors 3 where its within the group does not fall below the requirements for all 5 groups (1710 candelas). turn signals met the photometry required minimum value of the group. requirements in 3 of 4 test groups and (See 61 FR 1663; January 23, 1996) Gillig states that for the test groups in (‘‘The photometric requirements for turn each generation that meets the PI produced, on average, 90% of the signal lamps may be met at zones or requirements, the values for those required PI output. For the three groups of test points, instead of at groups well exceed the minimum values complying groups of turn signals, the individual test points.’’) for the group. The PI output for groups assemblies exceeded the light intensity exceeding the minimum values in requirements by at least 20%. Generations 1 and 2 achieve 119%– 1 Gillig further states that the agency All of the designs of the turn signal assemblies 242% of minimum values. The PI employ a reflector. Since the spacing from the granted similar petitions for geometric centroid of the turn signal to the lighted inconsequential noncompliance where edge of the lower beam of the headlamp is greater 2 In addition, the integrated side markers for than 100 mm, a multiplier is not applicable. Generation 3 turn signals were tested and meet all (FMVSS No. 108, S7.1.1.10.3, S7.1.1.10.4(a)). photometric requirements. 3 61 FR 1663–1664 (January 22, 1996).

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the product did not meet the pre-trip inspections.10 Gillig has never requirements for 2 of 5 test groups and photometric intensity requirements.4 received a complaint, notice or report allowable 60% of minimum PI 12 of 19 Here, because the PI output of the related to visibility concerns with the individual test points. However, the overall compliant test groups within Generation 1–6 turn signals, PI output for Generation 5 turn signals of 2385 candelas is only 39% below the Generations 3, 4 and 6 exceeds the underscoring the overall visibility of the combined minimum requirements for all 5 candela requirements by a substantial turn signals. groups (1710 candelas). margin, a range of 24%–146% above the Gillig concluded by expressing the (e) For turn signal assemblies in Generation additional candela offsets the overall belief that the subject noncompliance is 6, the assemblies also meet the minimum performance of the turn signals.5 inconsequential as it relates to motor photometric intensity for 4 of 5 test groups Gillig observes that in some instances, vehicle safety, and that its petition to be and allowable 60% of minimum photometric involving reduced photometric output, exempted from providing notification of intensity for 17 of 19 individual test points. NHTSA has denied the petition on the the noncompliance, as required by 49 The overall photometric intensity output for basis that the condition created a U.S.C. 30118, and a remedy for the Generation 6 turn signals of 5655 candelas is noncompliance, as required by 49 231% greater than the combined minimum measurable impact on the driver’s requirements for all 5 groups (1710 candelas). ability to see objects on or above the U.S.C. 30120, should be granted. road.6 In contrast, the only indication of 3. Supplemental Petition: In April Thus, the new PI output for groups such an impact involves the Generation 2017, and as part of its ongoing quality that exceed the minimum values are: • 7 assemblies for which Gillig is in the review process, Gillig contracted with Generations 1 and 2 achieve 122%– an independent lighting certification 267% of minimum values. process of conducting a recall remedy • campaign. There is no indication that laboratory (Calcoast-ITL) to conduct a Generation 3 achieves 192%–428% series of additional compliance tests for of minimum values. the deviation in performance for • Generations 1–6 has led to any difficulty the turn signals included in Generations Generation 4 achieves 125%–598% in seeing and responding to the turn 1–6. In order to accurately execute the of minimum values. • Generation 5 achieves 367%–445% signals, and as supported by the field testing, CAD drawings of the front of the Gillig Low-Floor bus were used to of minimum values. history, the turn signal assemblies have • Generation 6 achieves 143%– operated successfully for years and in construct an aluminum test stand fixture. The test stand precisely 1185% of minimum values. some cases decades. As a result, the groups that exceed the matched the orientation and angles at Gillig states that the agency has long minimum values in each lamp which the right and left front turn considered changes in light output in compensate for the groups that are signals would have been installed on the range presented here as being below the minimums to the extent that the bus. The laboratory then conducted visually imperceptible to vehicle the overall PI outputs of the most recent 7 a series of tests measuring the PI output occupants or other drivers. Gillig also four generation of lights (Generations 3– using samples of each of the available states that the agency has noted that 6) significantly exceed the overall PI generations of turn signals. The testing turn signals, unlike head lamps, do not output required for a front turn signal was certified to have been conducted in affect road illumination so that a lamp (1710 candelas). accordance with the FMVSS 108 Test reduced amount of light output would As part of Gillig’s supplemental Procedure (TP–108–13). A summary of not, by itself, create an increased risk to petition, they submitted a video which 8 the test data provides: the public. shows a side-by-side comparison of Finally, according to Gillig, the (a) For Generations 1 and 2 (the oldest Generation 1–6 turn signal assemblies environment in which the Gillig turn generations), the assemblies meet the with a newer generation of turn signal signals are used diminishes any minimum photometric intensity (PI) that exceeds all FMVSS No. 108 requirements for 3 of 5 groups and allowable potential risk to safety. Because the minimum requirements for photometry. buses in which the subject turn signals 60% of minimum PI at 13 of 19 individual test points. The turn signal’s overall PI Gillig says that the comparisons were are installed are predominantly public output of 1364 candelas is approximately performed with the lights in their transit buses, they are managed by fleet 20% below the combined minimum various generations installed on the operators and undergo regular requirements for all 5 groups (1710 candelas). same bus as it is driven through a maintenance and reviews by skilled (b) For turn signals in Generation 3, the turning maneuver (filmed indoors to 9 technicians. Part of that process assemblies meet the minimum PI control ambient lighting throughout the includes a pre-trip inspection. That requirements of 3 of 5 test groups and allowable 60% of minimum PI at 15 of 19 comparisons). Gillig believes that it is protocol requires a review of the bus’s evident from the multiple angles in the operating systems, including a review of individual test points. However, the overall PI output for Generation 3 turn signals of video that the lights from Generation 1– the turn signals. Consequently, if the 2387 candelas is 40% greater than the 6 are so bright and large that they are photometric intensity of the Generations combined minimum requirements for all 5 virtually indistinguishable from the 1–6 lights were inadequate, trained groups (1710 candelas).11 newer version. professional service personnel and (c) For turn signals in Generation 4, the To view Gillig’s petition analyses, test drivers would have identified this over assemblies meet the minimum PI data and video in its entirety you can the years, and in some cases, decades of requirements for 4 of 5 test groups and allowable 60% of minimum PI at 15 of 19 visit https://www.regulations.gov by individual test points. However, the overall following the online instructions for 4 78 FR 46000 (July 30, 2013); 55 FR 37602 accessing the dockets and by using the (September 12, 1990); 61 FR 1663 (January 22, PI output for Generation 4 turn signals of 1996). 3307 candelas is 93% greater than the docket ID number for this petition 5 63 FR 70179 (December 18, 1998); 61 FR 1663– combined minimum requirements for all 5 shown in the heading of this notice. 1664 (January 22, 1996. groups (1710 candelas). NHTSA notes that the statutory 6 66 FR 38340 (July 23, 2001). (d) For turn signals in Generation 5, the provisions (49 U.S.C. 30118(d) and 7 59 FR 65428 (December 19, 1994). assemblies meet the minimum PI 30120(h)) that permit manufacturers to 8 66 FR 38341 (July 23, 2001). file petitions for a determination of 9 The Typical life cycle for a public transit bus is 10 64 FR 44575 (August 16, 1999). either 12 years or 500,000 miles, meaning that the 11 In addition, the integrated side markers for inconsequentiality allow NHTSA to majority of the vehicles with Generation 1–6 turn Generation 3 turn signals were tested and meet all exempt manufacturers only from the signals may no longer be in service. photometric requirements. duties found in sections 30118 and

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30120, respectively, to notify owners, Abstract: Form 637 is used to apply or start-up costs and costs of operation, purchasers, and dealers of a defect or for excise tax registration. The maintenance, and purchase of services noncompliance and to remedy the registration applies to a person required to provide information. defect or noncompliance. Therefore, any to be registered under Revenue code Approved: September 28, 2017. decision on this petition only applies to section 4101 for purposes of the federal L. Brimmer, excise tax on taxable fuel imposed the subject buses that Gillig no longer Senior Tax Analyst. controlled at the time it determined that under Code sections 4041 and 4071; and the noncompliance existed. However, to certain manufacturers or sellers and [FR Doc. 2017–21260 Filed 10–3–17; 8:45 am] any decision on this petition does not purchasers that must register under BILLING CODE 4830–01–P relieve vehicle distributors and dealers Code section 4222 to be exempt from the excise tax on taxable articles. The of the prohibitions on the sale, offer for DEPARTMENT OF THE TREASURY sale, or introduction or delivery for data is used to determine if the introduction into interstate commerce of applicant qualifies for the exemption. Internal Revenue Service the noncompliant vehicles under their Taxable fuel producers are required by control after Gillig notified them that Code section 4101 to register with the Proposed Collection; Comment the subject noncompliance existed. Service before incurring any tax Request for Regulation Project Authority: (49 U.S.C. 30118, 30120: liability. Current Actions: Section B, line 8 is AGENCY: Internal Revenue Service (IRS), delegations of authority at 49 CFR 1.95 and Treasury. 501.8) removed because it was a burdensome to applicants to request their tax ACTION: Notice and request for Jeffrey M. Giuseppe, returns/financials at this stage of the comments. Director, Office of Vehicle Safety Compliance. process. SUMMARY: The Internal Revenue Service [FR Doc. 2017–21257 Filed 10–3–17; 8:45 am] Type of Review: Revision of a (IRS), as part of its continuing effort to BILLING CODE 4910–59–P currently approved collection. Affected Public: Business or other for- reduce paperwork and respondent profit organizations, and not-for-profit burden, invites the general public and institutions, and farms. other Federal agencies to take this DEPARTMENT OF THE TREASURY Estimated Number of Respondents: opportunity to comment on information 2,000. collections, as required by the Internal Revenue Service Estimated Time per Respondent: 11 Paperwork Reduction Act of 1995. The hr., 19 min. IRS is soliciting comments concerning Proposed Collection; Comment Estimated Total Annual Burden Low-income Housing Credit for Request for Form 637 Hours: 22,620. Federally-assisted Buildings. AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all DATES: Written comments should be Treasury. of the collections of information covered received on or before December 4, 2017 by this notice: to be assured of consideration. ACTION: Notice and request for An agency may not conduct or comments. ADDRESSES: Direct all written comments sponsor, and a person is not required to to L. Brimmer, Internal Revenue SUMMARY: The Internal Revenue Service respond to, a collection of information Service, Room 6526, 1111 Constitution (IRS), as part of its continuing effort to unless the collection of information Avenue NW., Washington, DC 20224. reduce paperwork and respondent displays a valid OMB control number. Requests for additional information or burden, invites the general public and Books or records relating to a collection copies of the regulations should be other Federal agencies to take this of information must be retained as long directed to Martha R. Brinson, Internal opportunity to comment on information as their contents may become material Revenue Service, Room 6526, 1111 collections, as required by the in the administration of any internal Constitution Avenue NW., Washington, Paperwork Reduction Act of 1995. The revenue law. Generally, tax returns and DC 20224, or through the Internet at IRS is soliciting comments concerning tax return information are confidential, [email protected]. Form 637, Application for Registration as required by 26 U.S.C. 6103. SUPPLEMENTARY INFORMATION: (For Certain Excise Tax Activities). Request For Comments: Comments Title: Low-income Housing Credit for submitted in response to this notice will DATES: Written comments should be Federally-assisted Buildings. be summarized and/or included in the OMB Number: 1545–1005. received on or before December 4, 2017 request for OMB approval. All to be assured of consideration. Regulation Project Number: T.D. 8302. comments will become a matter of Abstract: The regulation provides ADDRESSES: Direct all written comments public record. Comments are invited on: state and local housing credit agencies to L. Brimmer, Internal Revenue (a) Whether the collection of and owners of qualified low-income Service, Room 6526, 1111 Constitution information is necessary for the proper buildings with guidance regarding Avenue NW., Washington, DC 20224. performance of the functions of the compliance with the waiver Requests for additional information or agency, including whether the requirement of section 42(d)(6) of the copies of the form and instructions information shall have practical utility; Internal Revenue Code. The regulation should be directed to Martha R. Brinson, (b) the accuracy of the agency’s estimate requires documentary evidence of Internal Revenue Service, Room 6526, of the burden of the collection of financial distress leading to a potential 1111 Constitution Avenue NW., information; (c) ways to enhance the claim against a Federal mortgage Washington, DC 20224 or through the quality, utility, and clarity of the insurance fund in order to get a written Internet at [email protected]. information to be collected; (d) ways to waiver from the IRS for the acquirer of SUPPLEMENTARY INFORMATION: minimize the burden of the collection of the qualified low-income building to Title: Application for Registration (For information on respondents, including properly claim the low-income housing Certain Excise Tax Activities). through the use of automated collection credit. OMB Number: 1545–0014. techniques or other forms of information Current Actions: There is no change to Form Number: Form 637. technology; and (e) estimates of capital this existing regulation.

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Type of Review: Extension of a displays a valid OMB control number. (b) the accuracy of the agency’s estimate currently approved collection. Books or records relating to a collection of the burden of the collection of Affected Public: Business or other for- of information must be retained as long information; (c) ways to enhance the profit organizations, individuals or as their contents may become material quality, utility, and clarity of the households, not-for-profit institutions, in the administration of any internal information to be collected; (d) ways to and Federal, state, local or tribal revenue law. Generally, tax returns and minimize the burden of the collection of governments. tax return information are confidential, information on respondents, including Estimated Number of Respondents: as required by 26 U.S.C. 6103. through the use of automated collection 1,000. Estimated Time per Respondent: 3 Request For Comments: Comments techniques or other forms of information hrs. submitted in response to this notice will technology; and (e) estimates of capital Estimated Total Annual Burden be summarized and/or included in the or start-up costs and costs of operation, Hours: 3,000. request for OMB approval. All maintenance, and purchase of services The following paragraph applies to all comments will become a matter of to provide information. of the collections of information covered public record. Comments are invited on: Approved: September 28, 2017. by this notice. (a) Whether the collection of L. Brimmer, An agency may not conduct or information is necessary for the proper sponsor, and a person is not required to performance of the functions of the Senior Tax Analyst. respond to, a collection of information agency, including whether the [FR Doc. 2017–21262 Filed 10–3–17; 8:45 am] unless the collection of information information shall have practical utility; BILLING CODE 4830–01–P

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Part II

The President

Proclamation 9646—National Disability Employment Awareness Month, 2017 Proclamation 9647—National Breast Cancer Awareness Month, 2017 Proclamation 9648—National Cybersecurity Awareness Month, 2017 Proclamation 9649—National Domestic Violence Awareness Month, 2017 Proclamation 9650—Child Health Day, 2017 Executive Order 13811—Continuance of Certain Federal Advisory Committees Executive Order 13812—Revocation of Executive Order Creating Labor- Management Forums

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Federal Register Presidential Documents Vol. 82, No. 191

Wednesday, October 4, 2017

Title 3— Proclamation 9646 of September 28, 2017

The President National Disability Employment Awareness Month, 2017

By the President of the United States of America

A Proclamation During National Disability Employment Awareness Month, we celebrate the many contributions of American workers with disabilities and reaffirm our admiration of the skills and talents they bring to today’s workplace. Every American who is willing and able to work should have the opportunity to provide for themselves and their families. This includes the 30 million American adults with disabilities. Many Americans with disabilities struggle to find employment opportunities, despite the wealth of skills they have to offer. In 2016, only 27.7 percent of working-age Americans with disabilities were employed. More employers should recognize the fresh perspectives and skills these men and women can add to an innovation-focused workforce. They are an incredible asset to our economy. Our goal is to help ensure that they experience the independence, economic self-sufficiency, pride, and community that come with a job. Creating and maintaining a strong and robust American workforce is one of my Administration’s top priorities. We will ensure that people who want to work have the support they need to remain on the job. Employees, along with their employers, their families, and the economy all suffer when they are forced to leave the labor force due to illness or accident. We must be able to act quickly to support these workers in their time of need. I, therefore, have directed the Department of Labor, the Social Security Administration, and other Federal agencies to identify effective strategies to help people stay at work or return to work, focusing on early intervention with Americans recently rendered disabled due to injury or a health condi- tion. We are committed to giving all Americans opportunities to gain the skills they need to fill the jobs of the 21st century. We know that includes Americans with disabilities, who want to work, provide for themselves and their families, contribute to their communities, and build up our Nation. We will stand alongside them to help turn their American Dreams into reality. The Congress, by Joint Resolution approved August 11, 1945, as amended (36 U.S.C. 121), has designated October of each year as ‘‘National Disability Employment Awareness Month.’’ NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby proclaim October 2017 as National Disability Employ- ment Awareness Month. I call upon government and labor leaders, employers, and the great people of the United States to recognize the month with appropriate programs, ceremonies, and activities across our land.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of September, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

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Proclamation 9647 of September 29, 2017

National Breast Cancer Awareness Month, 2017

By the President of the United States of America

A Proclamation As we observe National Breast Cancer Awareness Month, our Nation joins in solidarity with those who are currently battling breast cancer and we remember those we have lost to the disease. Too many Americans endure the pain and heartbreak of losing a family member or friend to breast cancer. Memories of our loved ones, and their courage in the face of suffering, drive us to find a cure. More than 250,000 American women and 2,000 men will likely be diagnosed with some form of breast cancer in 2017. Fortunately, thanks to early detec- tion and improved treatment options, deaths from breast cancer have de- creased significantly in the last decade. The First Lady and I encourage all women to talk to their healthcare providers about mammograms and other methods of early detection, and about their risk of developing breast cancer, and what can be done to reduce that risk. My Administration is helping pave the way for medical breakthroughs to strengthen our fight against breast cancer by leveraging the tools provided under the 21st Century Cures Act. Our Nation’s biomedical research labora- tories, universities, and industry innovators are global leaders in discovering, developing, and advancing the medical breakthroughs necessary to better detect, diagnose, and treat breast cancer. Their cutting-edge therapies are redefining breast cancer care and giving patients and families affected by this disease new hope that we will defeat it once and for all. During this month, we stand strong for those facing a breast cancer diagnosis, and we take a moment to thank our friends and family who tirelessly lend their support, and we pause to reflect on those we have lost to this terrible disease. Our Nation’s researchers, innovators, doctors, nurses, public health professionals, and advocates have helped improve the process and possibility of recovery, and together we hope to forge a future free of breast cancer. By raising awareness of breast cancer and supporting research, pre- vention, and early detection, we will move closer to eradicating this disease. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2017 as National Breast Cancer Awareness Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, the media, and other interested groups to increase awareness of how Americans can fight breast cancer. I also invite the Governors of the States and Territories and officials of other areas subject to the jurisdiction of the United States to join me in recognizing National Breast Cancer Awareness Month.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

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Proclamation 9648 of September 29, 2017

National Cybersecurity Awareness Month, 2017

By the President of the United States of America

A Proclamation All Americans are affected by threats to our Nation’s cybersecurity. In recent years, bad actors in cyberspace have launched attacks on a cross-section of America: businesses both small and large, State and local governments, schoolhouses, hospitals, and infrastructure critical to public safety and na- tional security. My Administration is committed to protecting Americans against these threats. During Cybersecurity Awareness Month, we reflect on our Nation’s increasing reliance on technology and the internet and raise awareness about the importance of cybersecurity. Keeping our Nation secure in the face of cyber threats is our shared responsibility. Our agility and resilience in responding to these threats will improve as our collective awareness about their nature improves. On May 11, 2017, I signed an Executive Order entitled Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure to counter the serious and increasing cyber threats facing our Nation. My Executive Order will help secure Federal networks that operate on behalf of American citizens, improve coordination with industry to protect the critical infrastruc- ture that maintains our American way of life, strengthen our cyber deterrence posture, and promote the development of a highly capable and sustainable cybersecurity workforce. Together, these efforts will help ensure that our country remains secure and safe from 21st century cyber threats, while keeping the internet viable, valuable, and safe for future generations. Through my Administration’s cyber- security policies, America and the world will continue on a path toward a more open and secure internet—one that fosters innovation and spurs economic prosperity. We will accomplish this while respecting privacy and preventing cyber disruption, fraud, and theft. This month in particular, I encourage public and private-sector organizations to work together to provide Americans with the information, guidance, and tools they need to improve their safety and security in the digital age. I also encourage every American to learn more about how to protect them- selves and their businesses through the Department of Homeland Security’s Stop.Think.Connect. campaign. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2017 as National Cybersecurity Awareness Month. I call upon the people, companies, and institutions of the United States to recognize the importance of cybersecu- rity and to observe this month through events, training, and education to further our country’s national security and resilience.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

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Proclamation 9649 of September 29, 2017

National Domestic Violence Awareness Month, 2017

By the President of the United States of America

A Proclamation Domestic violence is never acceptable. During National Domestic Violence Awareness Month, I call on all Americans to promote the safety and liberty of the women, men, and children who are subjected to violent, intimidating, or controlling behavior at the hands of those closest to them. All humans have inherent dignity, and no one deserves to be in an abusive relationship. While the rate of domestic violence in our country has decreased over the last two decades, domestic violence continues to spread across our Nation. Nearly 1 in 4 American women aged 18 and older have been the victim of physical violence by an intimate partner, and domestic violence is still the leading cause of injury to women. Emotional abuse is also sadly too prevalent in our communities, and can inflict deep scars on those caught in an up-and-down cycle of belittling, aggressive behavior even in what can feel like a healthy relationship. We share a moral obligation to recognize, address, and stop domestic vio- lence. Each of us must be a voice for those suffering in silence and must speak up when we see signs of physical or emotional abuse. Together we can bolster victims’ support networks and encourage and empower them to report offenses. We recognize and applaud the many advocates, clergy, victim-service pro- viders, educators, law enforcement officers, family members, and friends who render daily aid to victims of harmful and destructive relationships, often as first responders. Tens of thousands of women and children find refuge in domestic violence emergency shelters and transition housing each day, but thousands more are turned away. That is why the Department of Health and Human Services and the Department of Housing and Urban Development are engaged in the critical work of funding domestic violence shelters and hotlines. And each year, the Department of Justice Office on Violence Against Women awards hundreds of millions of Federal grant dollars to support law enforcement efforts to assist victims and hold offenders accountable. During National Domestic Violence Awareness Month, I encourage Americans affected by domestic violence to seek help. Your neighbors, places of worship, community, and Nation stand ready to support you. I remain deeply com- mitted to ensuring that our Nation is one where all may live free of fear, violence, and abuse, especially in their own homes. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2017 as National Domestic Violence Awareness Month. I call on all Americans to stand firm in condemning domestic violence and supporting victims of these crimes in finding the safety and recovery they need and to support, recognize, and trust in the efforts of law enforcement to hold offenders accountable, protect victims of crime and their communities, and prevent future violence.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

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Proclamation 9650 of September 29, 2017

Child Health Day, 2017

By the President of the United States of America

A Proclamation On Child Health Day, we commit to protecting and promoting the health and well-being of our Nation’s young people. How we treat our young people is a fundamental test of who we are as a society. Today, we reaffirm that all children deserve to grow up in healthy, safe, and loving homes, with parents or guardians who nurture, inspire, and empower them to realize their full potential. As a father, I know the hope and joy children bring to our lives. They are society’s most precious treasures and our most vulnerable population. We all share the moral responsibility to protect the health of our children, born and unborn, so they have the chance to achieve their potential. To these ends, my Fiscal Year 2018 Budget provides a $30 million increase for the Maternal and Child Health Services Block Grant program, which enhances access to critical health services for 57 million women and children. In close partnership with States and communities, this program helps ensure mothers receive critical prenatal care and nutrition, provides aid for children with disabilities, and opens access to other vital health services. The program also addresses emerging issues that painfully affect our children, such as mental health disorders and our Nation’s devastating opioid epidemic. The number of infants born physically dependent on opioids has more than quadrupled over the past decade. In addition, during the past 2 years, many States have experienced dramatic increases in the number of children in their foster-care systems, as parents have struggled with addiction and its terrible consequences. I am committed to aggressively combating the scourge of opioid abuse, so that children do not bear the burden of its devastation. Together, we will strive to create an environment in which children of all of ages and backgrounds grow up healthy and secure, so they may use their unique talents to improve their communities and our world. The Congress, by a joint resolution approved May 18, 1928, as amended (36 U.S.C. 105), has called for the designation of the first Monday in October as Child Health Day and has requested that the President issue a proclamation in observance of this day. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States do hereby proclaim Monday, October 2, 2017, as Child Health Day. I call upon families, child health professionals, faith-based and community organizations, and governments to help ensure that America’s children stay safe and healthy.

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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of September, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-second.

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Executive Order 13811 of September 29, 2017

Continuance of Certain Federal Advisory Committees

By the authority vested in me as President, by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued until September 30, 2019. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (c) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (d) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (e) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (f) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (g) National Industrial Security Program Policy Advisory Committee; Execu- tive Order 12829, as amended (National Archives and Records Administra- tion). (h) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative). (i) Governmental Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation; Executive Order 12915 (Environmental Protection Agency). (j) National Advisory Committee to the United States Representative to the North American Commission for Environmental Cooperation; Executive Order 12915 (Environmental Protection Agency). (k) Good Neighbor Environmental Board; Executive Order 12916, as amend- ed (Environmental Protection Agency). (l) Presidential Advisory Council on HIV/AIDS; Executive Order 12963, as amended (Department of Health and Human Services). (m) President’s Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (n) Invasive Species Advisory Committee; Executive Order 13112, as amended (Department of the Interior). (o) Marine Protected Areas Federal Advisory Committee; Executive Order 13158 (Department of Commerce). (p) Advisory Board on Radiation and Worker Health; Executive Order 13179 (Department of Health and Human Services). (q) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security).

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(r) President’s Council on Fitness, Sports, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (s) President’s Advisory Commission on Asian Americans and Pacific Is- landers; Executive Order 13515, as amended (Department of Education). (t) President’s Council of Advisors on Science and Technology; Executive Order 13539, as amended (Department of Energy). (u) Interagency Task Force on Veterans Small Business Development; Exec- utive Order 13540 (Small Business Administration). (v) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Com- mittee; Executive Order 13549 (National Archives and Records Administra- tion). (w) President’s Advisory Commission on Educational Excellence for His- panics; Executive Order 13555 (Department of Education). (x) President’s Advisory Commission on Educational Excellence for African Americans; Executive Order 13621 (Department of Education). (y) President’s Advisory Council on Doing Business in Africa; Executive Order 13675, as amended (Department of Commerce). (z) Presidential Advisory Council on Combating Antibiotic-Resistant Bac- teria; Executive Order 13676 (Department of Health and Human Services). (aa) Commerce Spectrum Management Advisory Committee; initially estab- lished pursuant to Presidential Memorandum on Improving Spectrum Man- agement for the 21st Century (November 30, 2004) (Department of Commerce). (bb) National Space-Based Positioning, Navigation, and Timing Advisory Board; National Security Presidential Directive–39, ‘‘U.S. National Space- Based Position, Navigation, and Timing Policy’’ (December 8, 2004) (National Aeronautics and Space Administration). (cc) San Juan Islands National Monument Advisory Committee; Proclama- tion 8947 of March 25, 2013 (Department of the Interior). (dd) Bears Ears National Monument Advisory Committee; Proclamation 9558 of December 28, 2016 (Department of the Interior). (ee) Gold Butte National Monument Advisory Committee; Proclamation 9559 of December 28, 2016 (Department of the Interior). (ff) President’s Board of Advisors on Historically Black Colleges and Uni- versities; Executive Order 13779 (Department of Education). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the regulations, guidelines, and proce- dures established by the Administrator of General Services.

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Sec. 3. Sections 1 and 2 of Executive Order 13708 of September 30, 2015, are hereby superseded by sections 1 and 2 of this order. Executive Order 13805 of July 19, 2017 (Establishing a Presidential Advisory Council on Infrastructure) is hereby revoked. Sec. 4. This order shall be effective September 30, 2017.

THE WHITE HOUSE, September 29, 2017.

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Executive Order 13812 of September 29, 2017

Revocation of Executive Order Creating Labor-Management Forums

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. The United States Government should spend tax dollars responsibly, efficiently, and in the public interest. The National Council on Federal Labor-Management Relations (Council) and related agency-level labor-management forums have consumed considerable managerial time and taxpayer resources, but they have not fulfilled their goal of promoting collabo- ration in the Federal workforce. Public expenditures on the Council and related forums have produced few benefits to the public, and they should, therefore, be discontinued. Sec. 2. Revocations. (a) Executive Order 13522 of December 9, 2009 (Creating Labor-Management Forums to Improve Delivery of Government Services), as extended by Executive Order 13708 of September 30, 2015 (Continuance or Reestablishment of Certain Federal Advisory Committees), which estab- lished the Council and implemented labor-management forums throughout the executive branch, is hereby revoked. (b) The Director of the Office of Personnel Management and heads of executive departments and agencies shall, consistent with law, promptly move to rescind any orders, rules, regulations, guidelines, programs, or policies implementing or enforcing Executive Order 13522. Sec. 3. General Provisions. (a) Nothing in this order shall abrogate any collective bargaining agreements in effect on the date of this order. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

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

THE WHITE HOUSE, September 29, 2017.

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Reader Aids Federal Register Vol. 82, No. 191 Wednesday, October 4, 2017

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

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. 766...... 45959 Presidential Documents 3 CFR 768...... 45959 Executive orders and proclamations 741–6000 Proclamations: 770...... 45959 The United States Government Manual 741–6000 9646...... 46353 772...... 45959 9647...... 46355 774...... 45959 Other Services 9648...... 46357 Electronic and on-line services (voice) 741–6020 9649...... 46359 17 CFR Privacy Act Compilation 741–6050 9650...... 46361 227...... 45722 Public Laws Update Service (numbers, dates, etc.) 741–6043 Executive Orders 230...... 45722 13522 (Revoked by EO 13812)...... 46367 21 CFR ELECTRONIC RESEARCH 13708 (Superseded by 876...... 45725 EO 13811)...... 46363 World Wide Web Proposed Rules: 13805 (Revoked by 101...... 45753 Full text of the daily Federal Register, CFR and other publications EO 13811)...... 46363 is located at: www.fdsys.gov. 13811...... 46363 23 CFR 13812...... 46367 Federal Register information and research tools, including Public Proposed Rules: Inspection List, indexes, and Code of Federal Regulations are 7 CFR Ch. I ...... 45750 located at: www.ofr.gov. Ch. II ...... 45750 319...... 45955 Ch. III ...... 45750 E-mail 12 CFR 30 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic 271...... 45679 Mailing List) is an open e-mail service that provides subscribers 1002...... 45680 583...... 45962 with a digital form of the Federal Register Table of Contents. The 1101...... 45697 digital form of the Federal Register Table of Contents includes 33 CFR Proposed Rules: HTML and PDF links to the full text of each document. 100...... 45977, 45979 740...... 46173 To join or leave, go to https://public.govdelivery.com/accounts/ 117 ...... 45728, 45729, 45980, USGPOOFR/subscriber/new, enter your email address, then 14 CFR 45981 follow the instructions to join, leave, or manage your 36...... 46123 165 ...... 45729, 45981, 45984, subscription. 39 ...... 45697, 45701, 45703, 45986, 45988, 46132 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 45705, 45710 110...... 46004 service that notifies subscribers of recently enacted laws. 71 ...... 45713 45714, 45715, 45716, 45717, 45719, 45720, 165...... 46007 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 45957, 45958 38 CFR and select Join or leave the list (or change settings); then follow 73...... 45721 the instructions. 91...... 46123 Proposed Rules: FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: 17...... 45756 respond to specific inquiries. Ch. I ...... 45750 39 CFR Reference questions. Send questions and comments about the Ch. II ...... 45750 Federal Register system to: [email protected] Ch. III ...... 45750 Proposed Rules: 39...... 45743 111...... 46010 The Federal Register staff cannot interpret specific documents or 71...... 45747, 45749 regulations. 40 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no 15 CFR 9...... 45990 longer appears in the Federal Register. This information can be 730...... 45959 52 ...... 45995, 45997, 46134, found online at http://bookstore.gpo.gov/. 732...... 45959 46136 734...... 45959 180...... 45730 261...... 45736 FEDERAL REGISTER PAGES AND DATE, OCTOBER 736...... 45959 738...... 45959 721...... 45990 45679–45954...... 2 740...... 45959 Proposed Rules: 45955–46122...... 3 742...... 45959 52...... 45762, 46010 46123–46368...... 4 743...... 45959 80...... 46174 744...... 45959 746...... 45959 42 CFR 748...... 45959 405...... 46138 750...... 45959 409...... 46163 754...... 45959 411...... 46163 756...... 45959 412...... 46138 758...... 45959 413...... 46138, 46163 760...... 45959 414...... 46138 762...... 45959 416...... 46138 764...... 45959 424...... 46163

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486...... 46138 45 CFR 48 CFR 1102...... 45771 488...... 46138, 46163 Proposed Rules: Proposed Rules: 50 CFR 489...... 46138 160...... 46182 Ch. 12 ...... 45750 495...... 46138 162...... 46182 622...... 46170 49 CFR Proposed Rules: 635...... 46000 416...... 46181 Proposed Rules: 648...... 46002 46 CFR 679...... 46171 418...... 46181 Ch. I ...... 45750 Ch. II ...... 45750 Proposed Rules: 424...... 46181 Proposed Rules: Ch. II ...... 45750 Ch. III ...... 45750 17 ...... 45779, 46183, 46197 482...... 46181 Ch. V...... 45750 20...... 46011 483...... 46181 Ch. VI...... 45750 36...... 45793 485...... 46181 47 CFR Ch. VII...... 45750 300...... 46016 511...... 46182 Proposed Rules: Ch. VIII...... 45750 622...... 46205 1...... 46011 Ch. X...... 45750 660...... 46209 20...... 46011 Ch. XI...... 45750 679...... 46016

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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 October 3, 2017 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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