Vol. 83 Friday, No. 102 May 25, 2018

Pages 24219–24396

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 83, No. 102

Friday, May 25, 2018

Administrative Conference of the United States Community Development Financial Institutions Fund NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, Assembly of the Administrative Conference of the United Submissions, and Approvals, 24391 States, 24272 Comptroller of the Currency Agriculture Department PROPOSED RULES See Food Safety and Inspection Service Regulatory Capital Rules: NOTICES Regulatory Capital, Enhanced Supplementary Leverage Agency Information Collection Activities; Proposals, Ratio Standards for U.S. Global Systemically Submissions, and Approvals, 24274–24275 Important Bank Holding Companies and Certain of Designations: Their Subsidiary Insured Depository Institutions; Topeka, KS; Minot, ND; Cincinnati, OH; Pocatello, ID; Total Loss-Absorbing Capacity Requirements for U.S. Evansville, IN; Salt Lake City, UT; West Sacramento, Global Systemically Important Bank Holding CA; Richmond, VA; and Savage, MN Areas, 24273– Companies, 24233 24274 Defense Department Antitrust Division NOTICES Meetings: NOTICES National Security Education Board, 24296–24297 Changes Under the National Cooperative Research and Production Act: Drug Enforcement Administration Cooperative Research Group on Mechanical Stratigraphy NOTICES and Natural Deformation in the Permian Strata of Decisions and Orders: Texas and New Mexico: Implications for Exploitation Health Fit Pharmacy, 24348–24350 of the Permian Basin, 24347 National Fire Protection Association, 24348 Education Department PROPOSED RULES Centers for Medicare & Medicaid Services Program Integrity and Improvement, 24250–24255 NOTICES NOTICES Medicare Programs: Applications for New Awards: Reapproval of the Joint Commission as an Accreditation National Resource Centers Program for Foreign Language Organization Under the Clinical Laboratory and Area Studies or Foreign Language and Improvement Amendments of 1988, 24314–24315 International Studies and Foreign Language and Area Studies Fellowships Program, 24297–24305 Civil Rights Commission Employment and Training Administration NOTICES Meetings: NOTICES New Jersey Advisory Committee, 24276–24277 Agency Information Collection Activities; Proposals, Tennessee Advisory Committee, 24276–24277 Submissions, and Approvals: Reintegration of Ex-Offenders Adult Reporting System, 24358–24359 Coast Guard Program Year 2018 Workforce Innovation and Opportunity RULES Act Allotments; PY 2018 Wagner-Peyser Act Final Safety Zones: Allotments and PY 2018 Workforce Information Grants, Bath Creek, Bath, NC, 24221–24223 24350–24358 Special Local Regulations: Chesapeake Bay, Between Sandy Point and Kent Island, Environmental Protection Agency MD, 24219–24221 RULES Air Quality State Implementation Plans; Approvals and Commerce Department Promulgations: See Foreign-Trade Zones Board Louisiana; 2008 8-Hour Ozone Maintenance Plan See International Trade Administration Revision for Baton Rouge, 24226–24227 See National Oceanic and Atmospheric Administration Rhode Island; Enhanced Motor Vehicle Inspection and See Patent and Trademark Office Maintenance Program, 24223–24226 NOTICES PROPOSED RULES Public Availability of FY 2016 Service Contract Inventories Air Quality State Implementation Plans; Approvals and Data, 24277 Promulgations: Connecticut; 1997 8-Hour Ozone Attainment Committee for Purchase From People Who Are Blind or Demonstration, 24259–24264 Severely Disabled Maine; Infrastructure Requirement for the 2010 Nitrogen NOTICES Dioxide National Ambient Air Quality Standard, Procurement List; Additions and Deletions, 24295–24296 24264–24266

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Wisconsin; Modification of Greenhouse Gases Language, Fish and Wildlife Service 24258–24259 NOTICES Wisconsin; Particulate Matter Standard, 24256–24258 Environmental Impact Statements; Availability, etc.: Wisconsin; VOC Definition Update and Removal of Montana Department of Natural Resources Final Obsolete Gasoline Vapor Recovery Regulations, Amended Habitat Conservation Plan, 24335–24336 24267–24269 Strengthening Transparency in Regulatory Science, 24255– Food and Drug Administration 24256 NOTICES NOTICES Agency Information Collection Activities; Proposals, Environmental Impact Statements; Availability, etc.: Submissions, and Approvals: Weekly Receipts, 24305 Early Food Safety Evaluation of New Non-Pesticidal Meetings: Proteins Produced by New Plant Varieties Intended Letter Peer Reviews for Exposure and Use Assessment for Food Use, 24315–24317 and Human Health and Environmental Hazard Summary for Five PBT Chemicals, 24305–24306 Food Safety and Inspection Service Federal Aviation Administration NOTICES PROPOSED RULES Guidance: Airworthiness Directives: Determining Whether a Livestock Slaughter or Processing Airbus Airplanes, 24240–24242, 24244–24248 Firm is Exempt From the Inspection Requirements of Airbus Defense and Space S.A. (Formerly Known as the Federal Meat Inspection Act, 24275–24276 Construcciones Aeronauticas, S.A.) Airplanes, 24236–24240 Foreign Assets Control Office Bombardier, Inc., Airplanes, 24248–24250 NOTICES Fokker Services B.V. Airplanes, 24233–24236 Blocking or Unblocking of Persons and Properties, 24391– The Boeing Company Airplanes, 24242–24244 24392 NOTICES Agency Information Collection Activities; Proposals, Foreign-Trade Zones Board Submissions, and Approvals: NOTICES Airport Noise Compatibility Planning, 24384 Subzone Expansions: Safety Management Systems for Part 121 Certificate Medline Industries, Inc., Subzone 231A, Manteca, Holders, 24386–24387 Stockton and Tracy, CA, 24277–24278 Environmental Impact Statements; Availability, etc.: Proposed Capacity Enhancements and Other General Services Administration Improvements at Charlotte Douglas International Airport, Charlotte, Mecklenburg County, NC, 24385– NOTICES 24386 Agency Information Collection Activities; Proposals, Petitions for Exemptions; Summaries, 24385 Submissions, and Approvals: General Services Administration Acquisition Regulation; Solicitation Provisions and Contract Clauses; Federal Deposit Insurance Corporation Placement of Orders Clause; and Ordering NOTICES Information Clause, 24310–24311 Agency Information Collection Activities; Proposals, Notarized Document Submittal for System for Award Submissions, and Approvals, 24306–24309 Management Registration, 24312–24313 System for Award Management Registration Federal Emergency Management Agency Requirements for Prime Grant Recipients, 24311– NOTICES 24312 Environmental Impact Statements; Availability, etc.: Meetings: Final National Flood Insurance Program, 24328–24329 World War One Centennial Commission, 24311 Federal Maritime Commission Health and Human Services Department NOTICES Agreements Filed, 24309–24310 See Centers for Medicare & Medicaid Services See Food and Drug Administration Federal Motor Carrier Safety Administration See Health Resources and Services Administration See National Institutes of Health RULES Electronic Documents and Signatures; Correction, 24228 Health Resources and Services Administration Federal Reserve System NOTICES PROPOSED RULES Meetings: Regulatory Capital Rules: Advisory Commission on Childhood Vaccines, 24317– Regulatory Capital, Enhanced Supplementary Leverage 24318 Ratio Standards for U.S. Global Systemically Important Bank Holding Companies and Certain of Homeland Security Department Their Subsidiary Insured Depository Institutions; See Coast Guard Total Loss-Absorbing Capacity Requirements for U.S. See Federal Emergency Management Agency Global Systemically Important Bank Holding See U.S. Citizenship and Immigration Services Companies, 24233 See U.S. Customs and Border Protection

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Housing and Urban Development Department National Institutes of Health NOTICES NOTICES Agency Information Collection Activities; Proposals, Government-Owned Inventions; Availability for Licensing, Submissions, and Approvals: 24321–24322 Housing Choice Voucher Program, 24333–24334 Meetings: Public Housing Flat Rent Exception Request Market Clinical Center, 24318 Analysis, 24334–24335 National Eye Institute, 24322 National Institute of Allergy and Infectious Diseases, Interior Department 24321–24323 See Fish and Wildlife Service National Institute on Drug Abuse, 24319–24320 See Land Management Bureau Prospective Grant of Exclusive Patent Licenses: See National Park Service Production of Monovalent Live Attenuated Zika Vaccines See Surface Mining Reclamation and Enforcement Office and Multivalent Live Attenuated Flavivirus Vaccines, 24318–24320 International Trade Administration National Oceanic and Atmospheric Administration NOTICES RULES Antidumping or Countervailing Duty Investigations, Orders, Fishing Vessel, Fishing Facility and Individual Fishing or Reviews: Quota and Harvesting Rights Lending Program Light-Walled Rectangular Pipe and Tube From Turkey, Regulations, 24228–24232 24278–24279 PROPOSED RULES Fisheries Off West Coast States: International Trade Commission Coastal Pelagic Species Fisheries; Annual Specifications, NOTICES 24269–24271 Investigations; Determinations, Modifications, and Rulings, NOTICES etc.: Takes of Marine Mammals Incidental to Specified Activated Carbon From China, 24345–24346 Activities: Folding Gift Boxes From China; Scheduling of an Seattle Multimodal Project in Seattle, WA; Correction, Expedited Five-Year Review, 24341–24342 24279–24294 Generalized System of Preferences: Possible Modifications, 2017 Review, 24342–24345 National Park Service Silicomanganese From China and Ukraine; Scheduling of NOTICES Full Five-Year Reviews, 24346–24347 U.S. Nomination to the World Heritage List: Meetings; Sunshine Act, 24345 Hopewell Ceremonial Earthworks, 24337–24338

Justice Department National Science Foundation See Antitrust Division NOTICES See Drug Enforcement Administration Meetings: Advisory Committee for International Science and Engineering, 24360–24361 Labor Department Proposal Review Panel for Physics, 24360 See Employment and Training Administration Nuclear Regulatory Commission Land Management Bureau NOTICES NOTICES Meetings; Sunshine Act, 24361 Alaska Native Claims Selection, 24336–24337 Public Land Orders: Overseas Private Investment Corporation Partial Withdrawal Revocation, Water Power Designation NOTICES No. 14, Oregon, 24337 Meetings; Sunshine Act, 24361–24362

Legal Services Corporation Patent and Trademark Office NOTICES NOTICES Applications: Agency Information Collection Activities; Proposals, Subgranting Disaster Relief Grant Funds for Hurricanes Submissions, and Approvals: Harvey, Irma, and Maria and the 2017 California Ombudsman Survey, 24294–24295 Wildfires, 24359–24360 Pipeline and Hazardous Materials Safety Administration NOTICES Maritime Administration Special Permit Requests: NOTICES Hawaiian Electric Company, Inc., 24390–24391 Meetings: U.S. Maritime Transportation System National Advisory Postal Regulatory Commission Committee, 24389–24390 NOTICES Requests for Administrative Waivers of the Coastwise Trade New Postal Products, 24362 Laws: Vessel COBALT, 24387 Presidential Documents Vessel SANDPIPER, 24387–24388 PROCLAMATIONS Vessel THE PHANTOM GINGER, 24389 Special Observances: Vessel ZEN, 24388 National Maritime Day (Proc. 9755), 24393–24396

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Securities and Exchange Commission See Comptroller of the Currency NOTICES See Foreign Assets Control Office Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24376–24377, 24379 U.S. Citizenship and Immigration Services Applications: NOTICES NYSE National, Inc., 24362–24364 Agency Information Collection Activities; Proposals, Weiss Strategic Interval Fund and Weiss Multi-Strategy Submissions, and Approvals: Advisers, LLC, 24377–24379 Application for Advance Permission To Enter as Self-Regulatory Organizations; Proposed Rule Changes: Nonimmigrant, 24331–24332 Cboe BZX Exchange, Inc., 24367–24372 Application for Travel Document, 24329–24330, 24332– Cboe Exchange, Inc., 24372–24376 24333 Nasdaq PHLX LLC, 24364–24367 Petition for Alien Relative, 24330–24331 The Nasdaq Stock Market LLC, 24379–24382 U.S. Customs and Border Protection Small Business Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 24383 Application for Allowance in Duties, 24325–24326 Biometric Identity, 24326–24327 State Department Crew Member’s Declaration, 24326 NOTICES Harbor Maintenance Fee, 24324–24325 Environmental Assessments; Availability, etc.: Petition for Remission or Mitigation of Forfeitures and Keystone XL Pipeline Mainline Alternative Route in Penalties Incurred, 24328 Nebraska, 24383–24384 Commercial Gaugers and Laboratories; Accreditations and Surface Mining Reclamation and Enforcement Office Approvals: Inspectorate America Corp.; Houston, TX, 24323–24324 NOTICES Omni Hydrocarbon Measurement, Inc.; Crosby, TX, 24323 Environmental Impact Statements; Availability, etc.: San Juan Mine Deep Lease Extension Mining Plan Modification, 24339–24341 Separate Parts In This Issue Surface Transportation Board NOTICES Part II Lease Exemptions: Presidential Documents, 24393–24396 Lake State Railway Co.; Grand Trunk Western Railroad Co., 24384 Reader Aids Transportation Department Consult the Reader Aids section at the end of this issue for See Federal Aviation Administration phone numbers, online resources, finding aids, and notice See Federal Motor Carrier Safety Administration of recently enacted public laws. See Maritime Administration See Pipeline and Hazardous Materials Safety To subscribe to the Federal Register Table of Contents Administration electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Treasury Department address, then follow the instructions to join, leave, or See Community Development Financial Institutions Fund 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: 9755...... 24395 12 CFR Proposed Rules: 6...... 24233 208...... 24233 217...... 24233 252...... 24233 14 CFR Proposed Rules: 39 (6 documents) ...... 24233, 24236, 24240, 24242, 24244, 24248 33 CFR 100...... 24219 165...... 24221 34 CFR Proposed Rules: 600...... 24250 668...... 24250 40 CFR 52 (2 documents) ...... 24223, 24226 Proposed Rules: 30...... 24255 52 (5 documents) ...... 24256, 24258, 24259, 24264, 24267 49 CFR 370...... 24228 371...... 24228 373...... 24228 375...... 24228 376...... 24228 378...... 24228 379...... 24228 380...... 24228 382...... 24228 387...... 24228 390...... 24228 391...... 24228 395...... 24228 396...... 24228 398...... 24228 50 CFR 253...... 24228 Proposed Rules: 660...... 24269

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Rules and Regulations Federal Register Vol. 83, No. 102

Friday, May 25, 2018

This section of the FEDERAL REGISTER FR Federal Register provided support for the Coast Guard’s contains regulatory documents having general NPRM Notice of proposed rulemaking rulemaking. The other three comments applicability and legal effect, most of which § Section addressed issues not related to this are keyed to and codified in the Code of U.S.C. United States Code rulemaking. Special local regulations Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. II. Background Information and are promulgated in conjunction with a Regulatory History marine event to promote safety of life on The Code of Federal Regulations is sold by The Coast Guard published a Notice the navigable waters immediately the Superintendent of Documents. of Proposed Rulemaking on January 12, before, during, and immediately after a 2018 (83 FR 1597), proposing to marine event. Patrols to prevent establish a special local regulation for dumping, warnings about the inherent DEPARTMENT OF HOMELAND dangers of swimming, and other SECURITY the Bay Bridge Paddle, on June 2, 2018 (rain date of June 3, 2018). The Coast concerns unrelated to the paddle race Coast Guard Guard received one comment. The Coast event, are not appropriate to include in Guard published a Supplemental Notice this proceeding. Therefore, there are no 33 CFR Part 100 of Proposed Rulemaking (SNPRM) on substantive changes in the regulatory April 9, 2018 (83 FR 15096), to amend text of this rule from the proposed rule [Docket Number USCG–2017–1054] the proposed special local regulation to in the SNPRM. RIN 1625–AA08 increase the size of the paddle race area This rule establishes a special local for the Bay Bridge Paddle, on June 2, regulation that will be enforced for Special Local Regulation; Chesapeake 2018 (alternate date of June 3, 2018), approximately 6 hours on either June 2 Bay, Between Sandy Point and Kent and reopened the comment period to or June 3, 2018. The regulated area Island, MD account for this change. The comment includes all navigable waters of the AGENCY: Coast Guard, DHS. period closed May 9, 2018. The Coast Chesapeake Bay, adjacent to the Guard received three additional ACTION: Temporary final rule. shoreline at Sandy Point State Park and comments on the second request for between and adjacent to the spans of the SUMMARY: The Coast Guard is comments for a total of four comments. William P. Lane Jr. Memorial Bridges, establishing special local regulations for Under 5 U.S.C. 553(d)(3), the Coast from shoreline to shoreline, bounded to certain waters of the Chesapeake Bay. Guard finds that good cause exists for the north by a line drawn from the This action is necessary to provide for making this rule effective less than 30 western shoreline at latitude the safety of life on these navigable days after publication in the Federal 39°01′05.23″ N, longitude 076°23′47.93″ waters located between Sandy Point, Register. Due to the date of the event, W; thence eastward to latitude Anne Arundel County, MD and Kent it would be impracticable to make the 39°01′02.08″ N, longitude 076°22′40.24″ Island, Queen Anne’s County, MD, regulation effective 30 days after W; thence southeastward to eastern during the Bay Bridge Paddle on June 2, publication in the Federal Register. shoreline at latitude 38°59′13.70″ N, 2018 (alternate date of June 3, 2018). III. Legal Authority and Need for Rule longitude 076°19′58.40″ W; and This action will prohibit persons and The Coast Guard is issuing this rule bounded to the south by a line drawn vessels from being in the regulated area under authority in 33 U.S.C. 1233, parallel and 500 yards south of the unless authorized by the Captain of the which authorizes the Coast Guard to south bridge span that originates from Port Maryland—National Capital Region establish and define special local the western shoreline at latitude or Coast Guard Patrol Commander. ° ′ ″ ° ′ ″ regulations to promote the safety of life 39 00 17.08 N, longitude 076 24 28.36 DATES: This rule is effective from June W; thence southward to latitude on navigable waters during regattas or ° ′ ″ ° ′ ″ 2, 2018, through June 3, 2018. marine parades. The Captain of the Port 38 59 38.36 N, longitude 076 23 59.67 ADDRESSES: To view documents W; thence eastward to latitude (COTP) Maryland—National Capital ° ′ ″ ° ′ ″ mentioned in this preamble as being Region has determined that potential 38 59 26.93 N, longitude 076 23 25.53 available in the docket, go to http:// hazards associated with the paddle race W; thence eastward to the eastern ° ′ ″ www.regulations.gov, type USCG–2017– event would be a safety concern for shoreline at latitude 38 58 40.32 N, ° ′ ″ 1054 in the ‘‘SEARCH’’ box and click anyone intending to operate within longitude 076 20 10.45 W, located ‘‘SEARCH.’’ Click on Open Docket certain waters of the Chesapeake Bay between Sandy Point and Kent Island, Folder on the line associated with this between Sandy Point and Kent Island, MD. The enforcement and duration of rule. MD. The purpose of this rulemaking is the regulated area is intended to ensure FOR FURTHER INFORMATION CONTACT: If to protect event participants, spectators, the safety of event participants and you have questions on this rule, call or and transiting vessels on specified vessels within the specified navigable email Mr. Ronald Houck, U.S. Coast waters of the Chesapeake Bay before, waters before, during, and after the Guard Sector Maryland—National during, and after the scheduled event. paddle race event lasting from 8 a.m. Capital Region; telephone 410–576– until 12:30 p.m. Except for Bay Bridge 2674, email [email protected]. IV. Discussion of Comments, Changes, Paddle participants, no vessel or person and the Rule SUPPLEMENTARY INFORMATION: will be permitted to enter the regulated As noted above, we received four area without obtaining permission from I. Table of Abbreviations comments total on our NPRM published the COTP Maryland—National Capital CFR Code of Federal Regulations February 12, 2018 and our SNPRM Region or Coast Guard Patrol DHS Department of Homeland Security published April 9, 2018. One comment Commander.

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V. Regulatory Analyses we want to assist small entities in Federal agencies to assess the effects of We developed this rule after understanding this rule. If the rule their discretionary regulatory actions. In considering numerous statutes and would affect your small business, particular, the Act addresses actions Executive orders related to rulemaking. organization, or governmental that may result in the expenditure by a Below we summarize our analyses jurisdiction and you have questions State, local, or tribal government, in the based on a number of these statutes and concerning its provisions or options for aggregate, or by the private sector of Executive orders, and we discuss First compliance, please contact the person $100,000,000 (adjusted for inflation) or FOR FURTHER INFORMATION Amendment rights of protestors. listed in the more in any one year. Though this rule CONTACT section. will not result in such an expenditure, A. Regulatory Planning and Review Small businesses may send comments we do discuss the effects of this rule Executive Orders 12866 and 13563 on the actions of Federal employees elsewhere in this preamble. who enforce, or otherwise determine direct agencies to assess the costs and F. Environment benefits of available regulatory compliance with, Federal regulations to alternatives and, if regulation is the Small Business and Agriculture We have analyzed this rule under necessary, to select regulatory Regulatory Enforcement Ombudsman Department of Homeland Security approaches that maximize net benefits. and the Regional Small Business Directive 023–01, which guides the Executive Order 13771 directs agencies Regulatory Fairness Boards. The Coast Guard in complying with the to control regulatory costs through a Ombudsman evaluates these actions National Environmental Policy Act of budgeting process. This rule has not annually and rates each agency’s 1969 (42 U.S.C. 4321–4370f), and have been designated a ‘‘significant responsiveness to small business. If you determined that this action is one of a regulatory action,’’ under Executive wish to comment on actions by category of actions that do not Order 12866. Accordingly, this rule has employees of the Coast Guard, call 1– individually or cumulatively have a not been reviewed by the Office of 888–REG–FAIR (1–888–734–3247). The significant effect on the human Management and Budget (OMB), and Coast Guard will not retaliate against environment. This rule involves pursuant to OMB guidance it is exempt small entities that question or complain implementation of a temporary special from the requirements of Executive about this rule or any policy or action local regulation lasting for 6 hours. The Order 13771. of the Coast Guard. category of water activities includes but This regulatory action determination C. Collection of Information is not limited to sail boat regattas, boat is based on the limited size and parades, power boat racing, swimming This rule will not call for a new events, crew racing, canoe and sail duration of the regulated area, which collection of information under the would impact a small designated area of board racing. It is categorically excluded Paperwork Reduction Act of 1995 (44 from further review under paragraph the Chesapeake Bay for 6 hours. The U.S.C. 3501–3520). Coast Guard will issue a Broadcast L[61] of Appendix A, Table 1 of DHS Notice to Mariners via VHF–FM marine D. Federalism and Indian Tribal Instruction Manual 023–01–001–01, channel 16 about the status of the Governments Rev. 01. A Memorandum for Record for Categorically Excluded Actions regulated area. Moreover, the rule will A rule has implications for federalism supporting this determination is allow vessel operators to request under Executive Order 13132, available in the docket where indicated permission to enter the regulated area Federalism, if it has a substantial direct under ADDRESSES. for the purpose of safely transiting the effect on the States, on the relationship regulated area if deemed safe to do so between the national government and A Record of Environmental by the Coast Guard Patrol Commander. the States, or on the distribution of Consideration supporting this determination is available in the docket B. Impact on Small Entities power and responsibilities among the various levels of government. We have where indicated under ADDRESSES. The Regulatory Flexibility Act of analyzed this rule under that Order and G. Protest Activities 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent requires Federal agencies to consider with the fundamental federalism The Coast Guard respects the First the potential impact of regulations on principles and preemption requirements Amendment rights of protesters. small entities during rulemaking. The described in Executive Order 13132. Protesters are asked to contact the term ‘‘small entities’’ comprises small Also, this rule does not have tribal person listed in the FOR FURTHER businesses, not-for-profit organizations implications under Executive Order INFORMATION CONTACT section to that are independently owned and 13175, Consultation and Coordination coordinate protest activities so that your operated and are not dominant in their with Indian Tribal Governments, message can be received without fields, and governmental jurisdictions because it does not have a substantial jeopardizing the safety or security of with populations of less than 50,000. direct effect on one or more Indian people, places or vessels. The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the List of Subjects in 33 CFR Part 100 605(b) that this rule will not have a Federal Government and Indian tribes, significant economic impact on a or on the distribution of power and Marine safety, Navigation (water), substantial number of small entities. responsibilities between the Federal Reporting and recordkeeping While some owners or operators of Government and Indian tribes. If you requirements, Waterways. vessels intending to transit the regulated believe this rule has implications for For the reasons discussed in the area may be small entities, for the federalism or Indian tribes, please preamble, the Coast Guard amends 33 reasons stated in section V.A above, this contact the person listed in the FOR CFR part 100 as follows: rule will not have a significant FURTHER INFORMATION CONTACT section economic impact on any vessel owner above. PART 100—SAFETY OF LIFE ON or operator. NAVIGABLE WATERS Under section 213(a) of the Small E. Unfunded Mandates Reform Act Business Regulatory Enforcement The Unfunded Mandates Reform Act ■ 1. The authority citation for part 100 Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires continues to read as follows:

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Authority: 33 U.S.C. 1233; 33 CFR 1.05– regulated area. When hailed or signaled DEPARTMENT OF HOMELAND 1. by an official patrol, a vessel or person SECURITY ■ 2. Add § 100.501T05–1054 to read as in the regulated area shall immediately follows: comply with the directions given. Coast Guard Failure to do so may result in expulsion § 100.501T05–1054 Special Local 33 CFR Part 165 Regulation; Chesapeake Bay, between from the area, citation for failure to Sandy Point and Kent Island, MD. comply, or both. The Coast Guard Patrol [Docket Number USCG–2018–0416] (a) Regulated area. The following Commander may terminate the event, or RIN 1625–AA00 location is a regulated area: All the operation of any support vessel participating in the event, at any time it navigable waters of the Chesapeake Bay, Safety Zone; Bath Creek, Bath, NC adjacent to the shoreline at Sandy Point is deemed necessary for the protection State Park and between and adjacent to of life or property. AGENCY: Coast Guard, DHS. the spans of the William P. Lane Jr. (2) Except for participants and vessels ACTION: Temporary final rule. Memorial Bridges, from shoreline to already at berth, all persons and vessels SUMMARY: shoreline, bounded to the north by a within the regulated area at the time it The Coast Guard is establishing a temporary safety zone for line drawn from the western shoreline is implemented are to depart the ° ′ ″ navigable waters of Bath Creek near at latitude 39 01 05.23 N, longitude regulated area. 076°23′47.93″ W; thence eastward to Bath, North Carolina, in support of a latitude 39°01′02.08″ N, longitude (3) Persons and vessels desiring to fireworks display on May 26, 2018. This 076°22′40.24″ W; thence southeastward transit, moor, or anchor within the temporary safety zone is intended to to eastern shoreline at latitude regulated area must first obtain restrict vessel traffic from a portion of 38°59′13.70″ N, longitude 076°19′58.40″ authorization from the COTP Bath Creek during the Bath Festival W; and bounded to the south by a line Maryland—National Capital Region or fireworks display to protect the life and drawn parallel and 500 yards south of Coast Guard Patrol Commander. The property of the maritime public and the south bridge span that originates COTP Maryland—National Capital spectators from the hazards posed by from the western shoreline at latitude Region can be contacted at telephone aerial fireworks displays. Entry of 39°00′17.08″ N, longitude 076°24′28.36″ number 410–576–2693 or on Marine vessels or persons into this zone is W; thence southward to latitude Band Radio, VHF–FM channel 16 (156.8 prohibited unless specifically 38°59′38.36″ N, longitude 076°23′59.67″ MHz). During the enforcement period, authorized by the Captain of the Port W; thence eastward to latitude persons or vessel operators may request (COTP) North Carolina or a designated 38°59′26.93″ N, longitude 076°23′25.53″ permission to transit, moor, or anchor representative. W; thence eastward to the eastern within the regulated area from the Coast DATES: This rule is effective from 8:30 shoreline at latitude 38°58′40.32″ N, Guard Patrol Commander on Marine p.m. through 9:00 p.m. on May 26, 2018. ° ′ ″ longitude 076 20 10.45 W, located Band Radio, VHF–FM channel 16 (156.8 ADDRESSES: To view documents between Sandy Point and Kent Island, MHz). mentioned in this preamble as being MD. All coordinates reference North available in the docket, go to http:// American Datum 83 (NAD 1983). (4) The Coast Guard may be assisted in the patrol and enforcement of the www.regulations.gov, type USCG–2018– (b) Definitions. (1) Captain of the Port 0416 in the ‘‘SEARCH’’ box and click regulated area by other Federal, State, (COTP) Maryland—National Capital ‘‘SEARCH.’’ Click on Open Docket and local agencies. The Coast Guard Region means the Commander, U.S. Folder on the line associated with this Coast Guard Sector Maryland—National Patrol Commander and official patrol rule. Capital Region or any Coast Guard vessels enforcing this regulated area can FOR FURTHER INFORMATION CONTACT: If commissioned, warrant, or petty officer be contacted on marine band radio you have questions on this rule, call or who has been authorized by the Captain VHF–FM channel 16 (156.8 MHz) and email Chief Petty Officer Joshua of the Port to act on his behalf. channel 22A (157.1 MHz). (2) Coast Guard Patrol Commander O’Rourke, Waterways Management (5) The Coast Guard will publish a Division, U.S. Coast Guard Sector North means a commissioned, warrant, or notice in the Fifth Coast Guard District petty officer of the U.S. Coast Guard Carolina, Wilmington, NC; telephone Local Notice to Mariners and issue a who has been designated by the 910–772–2227, email marine information broadcast on VHF– Commander, Coast Guard Sector [email protected]. Maryland—National Capital Region. FM marine band radio announcing SUPPLEMENTARY INFORMATION: specific event date and times. (3) Official Patrol means any vessel I. Table of Abbreviations assigned or approved by Commander, (d) Enforcement period. This section Coast Guard Sector Maryland—National will be enforced from 7 a.m. to 1:30 p.m. CFR Code of Federal Regulations Capital Region with a commissioned, on June 2, 2018, and, if necessary due DHS Department of Homeland Security warrant, or petty officer on board and to inclement weather, from 7 a.m. to FR Federal Register displaying a Coast Guard ensign. 1:30 p.m. on June 3, 2018. NPRM Notice of proposed rulemaking (4) Participant means all persons and § Section vessels registered with the event Dated: May 17, 2018. U.S.C. United States Code sponsor as participating in the Bay Joseph B. Loring, COTP Captain of the Port Bridge Paddle event or otherwise Captain, U.S. Coast Guard, Captain of the II. Background Information and designated by event sponsor as having Port Maryland—National Capital Region. Regulatory History a function tied to the event. [FR Doc. 2018–10990 Filed 5–24–18; 8:45 am] (c) Special local regulations. (1) The BILLING CODE 9110–04–P The Coast Guard is issuing this COTP or Coast Guard Patrol temporary rule without prior notice and Commander may forbid and control the opportunity to comment pursuant to movement of all vessels and persons, authority under section 4(a) of the including event participants, in the Administrative Procedure Act (APA) (5

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U.S.C. 553(b)). This provision 910–343–3882, or on VHF–FM marine vessels intending to transit the safety authorizes an agency to issue a rule band radio channel 13 (165.65 MHz) or zone may be small entities, for the without prior notice and opportunity to channel 16 (156.8 MHz). reasons stated in section V.A. above, comment when the agency for good this rule will not have a significant V. Regulatory Analyses cause finds that those procedures are economic impact on any vessel owner ‘‘impracticable, unnecessary, or contrary We developed this rule after or operator. to the public interest.’’ Under 5 U.S.C. considering numerous statutes and Under section 213(a) of the Small 553(b)(B), the Coast Guard finds that Executive orders related to rulemaking. Business Regulatory Enforcement good cause exists for not publishing a Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121), notice of proposed rulemaking (NPRM) based on a number of these statutes and we want to assist small entities in with respect to this rule because it is Executive orders, and we discuss First understanding this rule. If the rule impracticable and contrary to the public Amendment rights of protestors. would affect your small business, interest. The publishing of an NPRM A. Regulatory Planning and Review organization, or governmental would be impracticable and contrary to jurisdiction and you have questions the public interest since immediate Executive Orders 12866 and 13563 concerning its provisions or options for action is needed to minimize potential direct agencies to assess the costs and compliance, please contact the person danger to the participants and the benefits of available regulatory listed in the FOR FURTHER INFORMATION public during the event. alternatives and, if regulation is CONTACT section. Under 5 U.S.C. 553(d)(3), the Coast necessary, to select regulatory Small businesses may send comments Guard finds that good cause exists for approaches that maximize net benefits. on the actions of Federal employees making this rule effective less than 30 Executive Order 13771 directs agencies who enforce, or otherwise determine days after publication in the Federal to control regulatory costs through a compliance with, Federal regulations to Register. Delaying the effective date of budgeting process. This rule has not the Small Business and Agriculture this rule would be contrary to public been designated a ‘‘significant Regulatory Enforcement Ombudsman interest because immediate action is regulatory action,’’ under Executive and the Regional Small Business needed to protect persons and vessels Order 12866. Accordingly, this rule has Regulatory Fairness Boards. The from the hazards associated with this not been reviewed by the Office of Ombudsman evaluates these actions event. Management and Budget (OMB), and annually and rates each agency’s pursuant to OMB guidance it is exempt responsiveness to small business. If you III. Legal Authority and Need for Rule from the requirements of Executive wish to comment on actions by The Coast Guard is issuing this rule Order 13771. employees of the Coast Guard, call 1– under authority in 33 U.S.C. 1231. The This regulatory action determination 888–REG–FAIR (1–888–734–3247). The COTP North Carolina has determined is based on the size, location, and Coast Guard will not retaliate against that potential hazards associated with duration of the safety zone. The half small entities that question or complain the Bath Festival fireworks display on hour regulation enforcement period about this rule or any policy or action May 26, 2018, is a safety concern for should not overly burden vessel traffic of the Coast Guard. maritime spectators during the launch based on the short duration of the of fireworks on Bath Creek in Bath, period. Smaller vessels will be able to C. Collection of Information North Carolina. This rule is necessary to safely transit around this safety zone, This rule will not call for a new protect persons and vessels from the which will impact a designated area of collection of information under the potential hazards associated with the Bath Creek, Bath, NC. Additionally, the Paperwork Reduction Act of 1995 (44 aerial fireworks display. rule allows vessels to seek permission to U.S.C. 3501–3520). enter the zone. The Coast Guard will IV. Discussion of the Rule D. Federalism and Indian Tribal issue a Broadcast Notice to Mariners to Governments This rule establishes a safety zone notify vessels in the region of the from 8:30 p.m. until 9 p.m. on May 26, establishment of this regulation. A rule has implications for federalism 2018. The safety zone will include all under Executive Order 13132, navigable waters within 150 yard radius B. Impact on Small Entities Federalism, if it has a substantial direct of the fireworks barge at approximate The Regulatory Flexibility Act of effect on the States, on the relationship position: Latitude 35°28′04″ N, 1980, 5 U.S.C. 601–612, as amended, between the national government and longitude 076°48′55″ W, on Bath Creek, requires Federal agencies to consider the States, or on the distribution of Bath, North Carolina. This safety zone is the potential impact of regulations on power and responsibilities among the being established for the safety of the small entities during rulemaking. The various levels of government. We have maritime spectators observing the term ‘‘small entities’’ comprises small analyzed this rule under that Order and fireworks display. No vessel or person businesses, not-for-profit organizations have determined that it is consistent will be permitted to enter the safety that are independently owned and with the fundamental federalism zone without obtaining permission from operated and are not dominant in their principles and preemption requirements the COTP or a designated fields, and governmental jurisdictions described in Executive Order 13132. representative. All vessels within this with populations of less than 50,000. Also, this rule does not have tribal safety zone when this section becomes The Coast Guard certifies under 5 U.S.C. implications under Executive Order effective must depart the zone 605(b) that this rule will not have a 13175, Consultation and Coordination immediately. To request permission to significant economic impact on a with Indian Tribal Governments, remain in, enter, or transit through the substantial number of small entities. because it does not have a substantial safety zone, vessels should contact the While the precise number of small direct effect on one or more Indian COTP North Carolina or the COTP entities impacted is unknown, Bath tribes, on the relationship between the North Carolina’s representative through Creek has a low number of vessels Federal Government and Indian tribes, the Coast Guard Sector North Carolina transiting the area planned for the safety or on the distribution of power and Command Duty Officer, Wilmington, zone, during the enforcement period. responsibilities between the Federal North Carolina, at telephone number Although, some owners or operators of Government and Indian tribes. If you

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believe this rule has implications for PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS AGENCY contact the person listed in the FOR ■ FURTHER INFORMATION CONTACT section 1. The authority citation for part 165 40 CFR Part 52 continues to read as follows: above. [EPA–R01–OAR–2009–0436; FRL–9978– Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 30—Region 1] E. Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation Air Plan Approval; Rhode Island; The Unfunded Mandates Reform Act No. 0170.1. of 1995 (2 U.S.C. 1531–1538) requires Enhanced Motor Vehicle Inspection and Maintenance Program Federal agencies to assess the effects of ■ 2. Add § 165.T05–0416 to read as their discretionary regulatory actions. In follows: AGENCY: Environmental Protection particular, the Act addresses actions § 165.T05–0416 Safety Zone, Bath Creek, Agency (EPA). that may result in the expenditure by a Bath, NC. ACTION: Final rule. State, local, or tribal government, in the (a) Location. The following area is a SUMMARY: aggregate, or by the private sector of safety zone: All navigable waters within The Environmental Protection $100,000,000 (adjusted for inflation) or a 150 yard radius of the fireworks barge Agency (EPA) is approving a State more in any one year. Though this rule at approximate position: Latitude Implementation Plan (SIP) revision will not result in such an expenditure, 35°28′04″ N, longitude 076°48′55″ W, on submitted by the State of Rhode Island. we do discuss the effects of this rule Bath Creek, Bath, North Carolina. These revisions include regulations to elsewhere in this preamble. (b) Definitions. As used in this update the enhanced motor vehicle inspection and maintenance (I/M) F. Environment section— Designated representative means a program in Rhode Island. The revised program includes a test and repair We have analyzed this rule under Coast Guard Patrol Commander, network consisting of on-board Department of Homeland Security including a Coast Guard commissioned, diagnostic (OBD2) testing for model year Directive 023–01 and Commandant warrant, or petty officer designated by 1996 and newer vehicles and tailpipe Instruction M16475.1D, which guide the the Captain of the Port North Carolina (COTP) for the enforcement of the safety exhaust test, using a dynamometer, for Coast Guard in complying with the model year 1995 and older vehicles. The National Environmental Policy Act of zone. Captain of the Port means the intended effect of this action is to 1969(42 U.S.C. 4321–4370f), and have approve the revised program into the determined that this action is one of a Commander, Sector North Carolina. (c) Regulations. (1) The general Rhode Island SIP. This action is being category of actions that do not regulations governing safety zones in taken in accordance with the Clean Air individually or cumulatively have a subpart C of this part apply to the area Act (CAA). significant effect on the human described in paragraph (a) of this DATES: This rule is effective on June 25, environment. This rule involves a safety section. 2018. zone lasting half an hour that will (2) With the exception of the ADDRESSES: EPA has established a prohibit entry into a portion of Bath fireworks barge and crew, entry into or docket for this action under Docket Creek, Bath, NC. It is categorically remaining in this safety zone is Identification No. EPA–R01–OAR– excluded from further review under prohibited unless authorized by the 2009–0436. All documents in the docket paragraph L60(a) of Appendix A, Table COTP North Carolina or the COTP are listed on the www.regulations.gov 1 of DHS Instruction Manual 023–01– North Carolina’s designated website. Although listed in the index, 001–01, Rev. 01. A Record of representative. All other vessels must some information is not publicly Environmental Consideration depart the zone immediately. available, i.e., CBI or other information supporting this determination is (3) All vessels within this safety zone whose disclosure is restricted by statute. available in the docket where indicated when this section becomes effective Certain other material, such as under ADDRESSES. must depart the zone immediately. copyrighted material, is not placed on (4) To request permission to remain G. Protest Activities the internet and will be publicly in, enter, or transit through the safety available only in hard copy form. The Coast Guard respects the First zone, contact the COTP North Carolina Publicly available docket materials are Amendment rights of protesters. or the COTP North Carolina’s available at www.regulations.gov or at representative through the Coast Guard Protesters are asked to contact the the U.S. Environmental Protection Sector North Carolina Command Duty person listed in the FOR FURTHER Agency, EPA New England Regional Officer, Wilmington, North Carolina, at INFORMATION CONTACT section to Office, Office of Ecosystem Protection, telephone number 910–343–3882, or on coordinate protest activities so that your Air Quality Planning Unit, 5 Post Office VHF–FM marine band radio channel 13 message can be received without Square—Suite 100, Boston, MA. EPA (165.65 MHz) or channel 16 (156.8 requests that if at all possible, you jeopardizing the safety or security of MHz). people, places or vessels. contact the contact listed in the FOR (d) Enforcement. The U.S. Coast FURTHER INFORMATION CONTACT section to List of Subjects in 33 CFR Part 165 Guard may be assisted in the patrol and schedule your inspection. The Regional enforcement of the safety zone by Office’s official hours of business are Harbors, Marine safety, Navigation Federal, State, and local agencies. Monday through Friday, 8:30 a.m. to (water), Reporting and recordkeeping Dated: May 16, 2018. 4:30 p.m., excluding legal holidays. requirements, Security measures, Bion B. Stewart, FOR FURTHER INFORMATION CONTACT: Waterways. Captain, U. S. Coast Guard, Captain of the Ariel Garcia, Air Quality Planning Unit, For the reasons discussed in the Port North Carolina. U.S. Environmental Protection Agency, preamble, the Coast Guard amends 33 [FR Doc. 2018–11259 Filed 5–24–18; 8:45 am] EPA Region 1 Regional Office, 5 Post CFR part 165 as follows: BILLING CODE 9110–04–P Office Square, Suite 100 (mail code:

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OEP05–2), Boston, MA 02109–3912, March 2, 2018 (83 FR 8961), EPA made I/M program. Specifically, EPA is telephone number: (617) 918–1660, available all documents, which are approving the Rhode Island Department email: [email protected]. compatible with the electronic docket of Environmental Management’s Air SUPPLEMENTARY INFORMATION: system, at the docket identified by Pollution Control Regulation No. 34 Throughout this document whenever Docket ID No. EPA–R01–OAR–2009– entitled ‘‘Rhode Island Motor Vehicle ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 0436 at www.regulations.gov. Also, EPA Inspection/Maintenance Program’’ EPA. explained that all other documents, (effective January 5, 2009), and the including emissions modeling files Rhode Island Department of Motor Table of Contents submitted as part of Rhode Island’s Vehicles’ ‘‘Rhode Island Motor Vehicle I. Background and Purpose enhanced motor vehicles I/M program Safety and Emissions Control II. Response to Comments SIP revision, were available for public Regulation No. 1’’ (effective January 28, III. Final Action review by visiting the EPA New England 2009), and incorporating these rules into IV. Incorporation by Reference Regional Office or by contacting the the Rhode Island SIP. EPA is approving V. Statutory and Executive Order Reviews contact listed in the FOR FURTHER Rhode Island’s revised I/M program I. Background and Purpose INFORMATION CONTACT section. The because it is consistent with the CAA reopening of the public comment period and EPA’s I/M regulations and it will On November 14, 2017, EPA also served as the notice of data strengthen the Rhode Island SIP. published a direct final rule (82 FR availability referenced in the January 9, 52682), as well as an accompanying 2018 withdrawal of direct final rule (83 IV. Incorporation by Reference notice of proposed rulemaking (NPRM) FR 984). In this rule, EPA is finalizing (82 FR 52682), for the State of Rhode We received comments during the regulatory text that includes Island. The direct final rule intended to public comment period reopened by the incorporation by reference. In approve a SIP revision submitted by the March 2, 2018 (83 FR 8961) NPRM. accordance with requirements of 1 CFR State of Rhode Island updating Rhode However, all but one of those comments 51.5, EPA is finalizing the incorporation Island’s enhanced motor vehicle were not germane to our proposed by reference of Rhode Island’s inspection and maintenance program. approval of Rhode Island’s enhanced regulations described in the Due to the receipt of an adverse motor vehicle I/M program SIP revision. amendments to 40 CFR part 52 set forth comment, EPA published a withdrawal Comment: A single anonymous below. EPA has made, and will continue of the direct final rule in the Federal comment, much of which included to make, these documents generally Register on January 9, 2018 (83 FR 984). information that was not germane to available through www.regulations.gov EPA published a second NPRM on EPA’s proposed approval of Rhode and at the EPA Region 1 Office (please March 2, 2018 (83 FR 8961), which Island’s enhanced motor vehicle I/M contact the person identified in the FOR reopened the public comment period, program SIP revision, also stated that FURTHER INFORMATION CONTACT section of and proposed approval of Rhode ‘‘[t]he Rule created potentially unduly this preamble for more information). Island’s SIP revision updating the burdensome requirements, Agency [sic] State’s enhanced motor vehicle I/M has failed to show a need for V. Statutory and Executive Order program. The formal SIP revision was Regulations [sic] Given the extremely Reviews submitted in two parts: (1) A submittal limited pollutant loadings and relative Under the Clean Air Act, the made by Rhode Island on January 28, high costs, according to EPA’s own Administrator is required to approve a 2009, which included regulations to analysis, the requirements appear to be SIP submission that complies with the update the enhanced I/M program in ripe for substantial reduction or provisions of the Act and applicable Rhode Island, and (2) a supplemental elimination. this [sic] entire subcategory Federal regulations. 42 U.S.C. 7410(k); submittal made by Rhode Island on would be excluded by rule given the de 40 CFR 52.02(a). Thus, in reviewing SIP February 17, 2017, which included the minimis amount of pollution.’’ submissions, EPA’s role is to approve emissions modeling and I/M SIP Response: If ‘‘The Rule’’ in the state choices, provided that they meet narrative required by EPA’s I/M submitted comment refers to EPA’s the criteria of the Clean Air Act. regulations. A detailed discussion of March 2, 2018 (83 FR 8961) proposed Accordingly, this action merely Rhode Island’s SIP revision and EPA’s rule, EPA disagrees with the comment approves state law as meeting Federal rationale for proposing approval of the because this action is merely approving requirements and does not impose SIP revision were provided in the Rhode Island’s pre-existing enhanced additional requirements beyond those November 14, 2017 NPRM (82 FR motor vehicle I/M regulations into the imposed by state law. For that reason, 52682) and will not be restated in this Rhode Island SIP in accordance with this action: document. EPA is approving Rhode pre-existing federal requirements under • Is not a significant regulatory action Island’s enhanced I/M program SIP the CAA. Rhode Island revised its motor subject to review by the Office of revision because it is consistent with the vehicle I/M regulations in 2009 to meet Management and Budget under Clean Air Act’s I/M requirements and the requirements of the CAA by Executive Orders 12866 (58 FR 51735, EPA’s I/M regulations. incorporating testing of vehicles October 4, 1993) and 13563 (76 FR 3821, equipped with On-Board Diagnostics January 21, 2011); II. Response to Comments (OBD) technology for monitoring the • Does not impose an information The adverse comment received on proper function of a vehicle’s emissions collection burden under the provisions EPA’s November 14, 2017 direct final controls. of the Paperwork Reduction Act (44 rule (82 FR 52682) requested that EPA U.S.C. 3501 et seq.); hold a new public comment period, III. Final Action • Is certified as not having a because EPA did not make all relevant EPA is approving the SIP revisions significant economic impact on a documents available in the docket at submitted by the State of Rhode Island substantial number of small entities www.regulations.gov. on January 28, 2009, and supplemented under the Regulatory Flexibility Act (5 Prior to the reopening of the public with a SIP revision on February 17, U.S.C. 601 et seq.); comment period, via the NPRM that 2017. These SIP revisions contain the • Does not contain any unfunded published in the Federal Register on State’s revised enhanced motor vehicle mandate or significantly or uniquely

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affect small governments, as described The Congressional Review Act, 5 Incorporation by reference, in the Unfunded Mandates Reform Act U.S.C. 801 et seq., as added by the Small Intergovernmental relations, Lead, of 1995 (Pub. L. 104–4); Business Regulatory Enforcement Nitrogen dioxide, Ozone, Particulate • Does not have Federalism Fairness Act of 1996, generally provides matter, Reporting and recordkeeping implications as specified in Executive that before a rule may take effect, the requirements, Sulfur oxides, Volatile Order 13132 (64 FR 43255, August 10, agency promulgating the rule must organic compounds. 1999); submit a rule report, which includes a Dated: May 17, 2018. • copy of the rule, to each House of the Is not an economically significant Alexandra Dunn, Congress and to the Comptroller General regulatory action based on health or Regional Administrator, EPA Region 1. safety risks subject to Executive Order of the United States. EPA will submit a 13045 (62 FR 19885, April 23, 1997); report containing this action and other Part 52 of chapter I, title 40 of the • Is not a significant regulatory action required information to the U.S. Senate, Code of Federal Regulations is amended subject to Executive Order 13211 (66 FR the U.S. House of Representatives, and as follows: 28355, May 22, 2001); the Comptroller General of the United States prior to publication of the rule in PART 52—APPROVAL AND • Is not subject to requirements of the Federal Register. A major rule PROMULGATION OF section 12(d) of the National cannot take effect until 60 days after it IMPLEMENTATION PLANS Technology Transfer and Advancement is published in the Federal Register. Act of 1995 (15 U.S.C. 272 note) because This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52 application of those requirements would defined by 5 U.S.C. 804(2). continues to read as follows: be inconsistent with the Clean Air Act; Under section 307(b)(1) of the Clean and Authority: 42 U.S.C. 7401 et seq. • Air Act, petitions for judicial review of Does not provide EPA with the this action must be filed in the United Subpart OO—Rhode Island discretionary authority to address, as States Court of Appeals for the appropriate, disproportionate human appropriate circuit by July 24, 2018. ■ 2. In § 52.2070: health or environmental effects, using Filing a petition for reconsideration by ■ practicable and legally permissible a. The table in paragraph (c) is the Administrator of this final rule does amended by revising the entries ‘‘Air methods, under Executive Order 12898 not affect the finality of this action for (59 FR 7629, February 16, 1994). Pollution Control Regulation 34’’ and the purposes of judicial review nor does ‘‘Rhode Island Motor Vehicle Safety and In addition, the SIP is not approved it extend the time within which a Emissions Control Regulation No. 1’’. to apply on any Indian reservation land petition for judicial review may be filed, or in any other area where EPA or an and shall not postpone the effectiveness b. The table in paragraph (e) is Indian tribe has demonstrated that a of such rule or action. This action may amended by adding the entry ‘‘I/M SIP tribe has jurisdiction. In those areas of not be challenged later in proceedings to Narrative’’ at the end of the table. Indian country, the rule does not have enforce its requirements. (See section The addition and revisions read as tribal implications and will not impose 307(b)(2)). follows: substantial direct costs on tribal governments or preempt tribal law as List of Subjects in 40 CFR Part 52 § 52.2070 Identification of plan. specified by Executive Order 13175 (65 Environmental protection, Air * * * * * FR 67249, November 9, 2000). pollution control, Carbon monoxide, (c) * * *

EPA-APPROVED RHODE ISLAND REGULATIONS

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

******* Air Pollution Control Regu- Rhode Island Motor 1/5/2009 5/25/2018, Department of Environ- lation 34. Vehicle Inspection/ [insert Fed- mental Management Maintenance Pro- eral Reg- regulation containing gram. ister cita- I/M standards. Ap- tion]. proving all sections except section 34.9.3 ‘‘Application’’ which was excluded from the SIP submittal.

******* Rhode Island Motor Vehi- Rhode Island Motor 1/28/2009 5/25/2018, Division of Motor Vehi- cle Safety and Emis- Vehicle Inspection/ [insert Fed- cles regulation for the sions Control Regulation Maintenance Pro- eral Reg- light-duty vehicle I/M No. 1. gram. ister cita- program. Approving tion]. all sections except section 1.12.2 ‘‘Pen- alties’’ and section 1.13 ‘‘Proceedings for Enforcement’’ which were excluded from the SIP submittal.

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EPA-APPROVED RHODE ISLAND REGULATIONS—Continued

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

*******

* * * * * (e) ** *

RHODE ISLAND NON REGULATORY

Name of non regulatory SIP Applicable geographic or State submittal date/ provision nonattainment area effective date EPA approved date Explanations

******* I/M SIP Narrative ...... Statewide ...... Submitted 2/17/2017 ...... 5/25/2018, [insert Federal Narrative describing how Register citation]. the Rhode Island I/M program meets the re- quirements in the fed- eral I/M rule.

[FR Doc. 2018–11201 Filed 5–24–18; 8:45 am] e.g., Confidential Business Information State’s submission meets all applicable BILLING CODE 6560–50–P or other information whose disclosure is CAA requirements, thus we are restricted by statute. Certain other finalizing the approval of this SIP material, such as copyrighted material, revision as proposed. ENVIRONMENTAL PROTECTION is not placed on the internet and will be II. Final Action AGENCY publicly available only in hard copy form. Publicly available docket We are approving the January 31, 40 CFR Part 52 materials are available either 2018 revision to the 2008 8-hour ozone [EPA–R06–OAR–2018–0111; FRL–9978– electronically through http:// NAAQS maintenance plan for the five- 44—Region 6] www.regulations.gov or in hard copy at parish Baton Rouge area. We have the EPA Region 6, 1445 Ross Avenue, determined that relaxation of the RVP Approval and Promulgation of Suite 700, Dallas, Texas 75202–2733. requirement in the maintenance plan Implementation Plans; Louisiana; 2008 will not interfere with the attainment or FOR FURTHER INFORMATION CONTACT: 8-Hour Ozone Maintenance Plan Wendy Jacques, 214–665–7395, maintenance of the NAAQS or with any Revision for Baton Rouge [email protected]. other CAA requirement. This action is being taken under section 110 of the AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Act. Agency (EPA). Throughout this document ‘‘we,’’ ‘‘us,’’ ACTION: Final rule. and ‘‘our’’ means the EPA. III. Statutory and Executive Order Reviews SUMMARY: Pursuant to the Federal Clean I. Background Under the CAA, the Administrator is Air Act (CAA or the Act), the The background for this action is required to approve a SIP submission Environmental Protection Agency (EPA) discussed in detail in our April 13, 2018 that complies with the provisions of the is approving a Louisiana State proposal (83 FR 16017). In that Act and applicable Federal regulations. Implementation Plan (SIP) revision document we proposed to (1) approve a 42 U.S.C. 7410(k); 40 CFR 52.02(a). revising the 2008 8-hour ozone National revision to the 2008 8-hour ozone Thus, in reviewing SIP submissions, the Ambient Air Quality Standard (NAAQS) NAAQS maintenance plan for the Baton EPA’s role is to approve state choices, maintenance plan for the five-parish Rouge area (Ascension, East Baton provided that they meet the criteria of Baton Rouge area. The revised Rouge, Iberville, Livingston, and West the CAA. Accordingly, this action maintenance plan allows for relaxation Baton Rouge Parishes) and (2) determine merely approves state law as meeting of the Federal Reid Vapor Pressure that relaxation of the RVP requirement Federal requirements and does not (RVP) requirements in the Baton Rouge in the maintenance plan would not impose additional requirements beyond area. EPA has determined that interfere with the attainment or those imposed by state law. For that relaxation of the RVP requirement maintenance of the NAAQS or with any reason, this action: would not interfere with attainment or other CAA requirement. While we did • Is not a ‘‘significant regulatory maintenance of the NAAQS or with any not receive any relevant adverse action’’ subject to review by the Office other CAA requirement. comments regarding our proposal, we of Management and Budget under DATES: This rule is effective on June 25, did receive a letter of support from the Executive Orders 12866 (58 FR 51735, 2018. Louisiana Mid-Continent Oil and Gas October 4, 1993) and 13563 (76 FR 3821, ADDRESSES: The EPA has established a Association, and a comment letter from January 21, 2011); docket for this action under Docket ID U.S. Senators John Kennedy and Bill • Is not an Executive Order 13771 (82 No. EPA–R06–OAR–2018–0111. All Cassidy and U.S. Representative Garrett FR 9339, February 2, 2017) regulatory documents in the docket are listed on Graves requesting that we act action because SIP approvals are the http://www.regulations.gov website. expeditiously to finalize our proposed exempted under Executive Order 12866; Although listed in the index, some approval of the SIP revision. As stated • Does not impose an information information is not publicly available, in our proposed rule, we found the collection burden under the provisions

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of the Paperwork Reduction Act (44 tribe has jurisdiction. In those areas of not be challenged later in proceedings to U.S.C. 3501 et seq.); Indian country, the rule does not have enforce its requirements. (See section • Is certified as not having a tribal implications and will not impose 307(b)(2).) significant economic impact on a substantial direct costs on tribal List of Subjects in 40 CFR Part 52 substantial number of small entities governments or preempt tribal law as under the Regulatory Flexibility Act (5 specified by Executive Order 13175 (65 Environmental protection, Air U.S.C. 601 et seq.); FR 67249, November 9, 2000). pollution control, Incorporation by • Does not contain any unfunded The Congressional Review Act, 5 reference, Intergovernmental relations, mandate or significantly or uniquely U.S.C. 801 et seq., as added by the Small Nitrogen dioxide, Ozone, Reporting and affect small governments, as described Business Regulatory Enforcement recordkeeping requirements, Volatile in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides organic compounds. of 1995 (Pub. L. 104–4); that before a rule may take effect, the • Does not have Federalism agency promulgating the rule must Dated: May 21, 2018. implications as specified in Executive submit a rule report, which includes a Anne Idsal, Order 13132 (64 FR 43255, August 10, copy of the rule, to each House of the Regional Administrator, Region 6. 1999); Congress and to the Comptroller General • Is not an economically significant of the United States. EPA will submit a Title 40 CFR part 52 is amended as regulatory action based on health or report containing this action and other follows: safety risks subject to Executive Order required information to the U.S. Senate, PART 52—APPROVAL AND 13045 (62 FR 19885, April 23, 1997); the U.S. House of Representatives, and PROMULGATION OF • Is not a significant regulatory action the Comptroller General of the United IMPLEMENTATION PLANS subject to Executive Order 13211 (66 FR States prior to publication of the rule in 28355, May 22, 2001); the Federal Register. A major rule ■ • Is not subject to requirements of cannot take effect until 60 days after it 1. The authority citation for part 52 section 12(d) of the National is published in the Federal Register. continues to read as follows: Technology Transfer and Advancement This action is not a ‘‘major rule’’ as Authority: 42 U.S.C. 7401 et seq. Act of 1995 (15 U.S.C. 272 note) because defined by 5 U.S.C. 804(2). application of those requirements would Under section 307(b)(1) of the Clean Subpart T—Louisiana be inconsistent with the CAA; and Air Act, petitions for judicial review of • Does not provide EPA with the this action must be filed in the United ■ 2. In § 52.970(e), the second table discretionary authority to address, as States Court of Appeals for the titled ‘‘EPA Approved Louisiana appropriate, disproportionate human appropriate circuit by July 24, 2018. Nonregulatory Provisions and Quasi- health or environmental effects, using Filing a petition for reconsideration by Regulatory Measures’’ is amended by practicable and legally permissible the Administrator of this final rule does adding an entry at the end for ‘‘2008 8- methods, under Executive Order 12898 not affect the finality of this action for hour Ozone NAAQS Revised (59 FR 7629, February 16, 1994). the purposes of judicial review nor does Maintenance Plan’’ to read as follows: In addition, the SIP is not approved it extend the time within which a § 52.970 Identification of plan. to apply on any Indian reservation land petition for judicial review may be filed, or in any other area where EPA or an and shall not postpone the effectiveness * * * * * Indian tribe has demonstrated that a of such rule or action. This action may (e) * * *

EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

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

******* 2008 8-hour Ozone NAAQS Revised Baton Rouge Area ...... 1/31/2018 5/25/2018, [Insert Federal Maintenance Plan. Register citation].

[FR Doc. 2018–11217 Filed 5–24–18; 8:45 am] BILLING CODE 6560–50–P

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DEPARTMENT OF TRANSPORTATION § 376.12 [Corrected] section to the existing FFP regulations ■ 2. On page 16224, in the third column, to implement this statutory change. The Federal Motor Carrier Safety in amendment 17, the instruction net effect of this change to the Administration ‘‘Amend § 376.12 by revising paragraphs regulations will be to provide additional (f), (g), and (l) to read as follows:’’ is authority for the program to lend, and 49 CFR Parts 370, 371, 373, 375, 376, corrected to read ‘‘Amend § 376.12 by providing FFP financing to additional 378, 379, 380, 382, 387, 390, 391, 395, revising the section heading and fisheries while leaving the original IFQ 396, and 398 paragraphs (f), (g), and (l) to read as authority to Fishery Management follows:’’. Councils to use as needed. [Docket No. FMCSA–2012–0376] § 390.5 [Corrected] DATES: This final rule is effective June 25, 2018. ■ 3. On page 16226, in the third column, RIN 2126–AB47 in § 390.5, the phrase ‘‘1701–1710,,’’ is FOR FURTHER INFORMATION CONTACT: Earl Electronic Documents and Signatures; corrected to read ‘‘1701–1710,’’. Bennett, at 301–427–8765 or via email at [email protected]. Correction § 390.5T [Corrected] SUPPLEMENTARY INFORMATION: ■ Under the AGENCY: Federal Motor Carrier Safety 4. On page 16226, in the third column, authority of Chapter 537 of Title 46 of Administration (FMCSA), DOT. in § 390.5T, the phrase ‘‘1701–1710,,’’ is the United States Code, 46 U.S.C. 53701, corrected to read ‘‘1701–1710,’’. ACTION: Final rule; correction and et seq., the FFP may provide long-term withdrawal of regulatory guidance. § 395.15 [Corrected] financing to the commercial fishing and ■ 5. On page 16227, in the second aquaculture industries for fishing SUMMARY: FMCSA corrects the column, in § 395.15(b)(5) the phrase ‘‘in vessels, fisheries facilities, aquaculture electronic documents and signatures paragraph (b)(4)’’ is corrected to read facilities, and certain designated final rule published on April 16, 2018 ‘‘in paragraph (b)(4) of this section’’. individual fishing quota (IFQs). Section that amended FMCSA regulations to 302 of the Coast Guard Authorization allow the use of electronic records and Issued under the authority of delegation in Act of 2015 (Pub. L. 114–120) amended signatures to satisfy FMCSA’s regulatory 49 CFR 1.87: May 9, 2018. Chapter 537, providing the FFP with the requirements. This document corrects Larry W. Minor, authority to finance the purchase of an amendatory instruction, removes two Associate Administrator for Policy. harvesting rights in a fishery that is extra commas at the end of two phrases, [FR Doc. 2018–11127 Filed 5–24–18; 8:45 am] federally managed under a limited and adds ‘‘of this section’’ to a cross BILLING CODE 4910–EX–P access system. This amendment is reference in a paragraph. Finally, codified at 46 U.S.C. 53702(b)(4)(B). On FMCSA rescinds its January 4, 2011, October 31, 2017, NMFS published a interpretations and regulatory guidance. DEPARTMENT OF COMMERCE proposed rule to add a new section to DATES: This correction is effective June the existing FFP regulations to 15, 2018. As of June 15, 2018, the National Oceanic and Atmospheric implement this statutory change and document published at 76 FR 411 on Administration requested public comment (82 FR Jan.4, 2011, is withdrawn. 50363). NMFS received eight responses, 50 CFR Part 253 of which two were not related to the FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Office of Policy, Federal [Docket No. 170404355–8455–02] rulemaking five were in support and one was neutral. The net effect of this Motor Carrier Safety Administration, RIN 0648–BG80 1200 New Jersey Avenue SE, final rule is to provide additional authority for the program to lend, while Washington, DC 20590–0001, (202) 366– Merchant Marine Act and Magnuson- leaving the original IFQ authority to 5011, [email protected]. Stevens Act Provisions; Fishing Fishery Management Councils (FMCs) If you have questions on viewing or Vessel, Fishing Facility and Individual to use as needed. submitting material to the docket, Fishing Quota and Harvesting Rights contact Docket Services, telephone (202) Lending Program Regulations Existing IFQ Loan Authority 366–9826. AGENCY: National Marine Fisheries 46 U.S.C. 53706 authorizes the FFP to SUPPLEMENTARY INFORMATION: In FR Doc. Service (NMFS), National Oceanic and finance or refinance the purchase of 2018–07749, appearing on page 16210 Atmospheric Administration (NOAA), individual fishing quotas in accordance in the Federal Register of Monday, Commerce. with section 303(d)(4) of the Magnuson- April 16, 2018, the following corrections ACTION: Stevens Fishery Conservation and are made: Final rule; response to comments. Management Act (MSA), now codified ■ 1. In the preamble, on page 16218, in at 16 U.S.C. 1853a(g). Under this the second column, under the heading SUMMARY: NMFS’ Fisheries Finance provision of the MSA, an FMC may ‘‘49 CFR 390.31,’’ following the Program (FFP) provides long-term submit, and NMFS may approve and sentence that reads ‘‘The requirement financing to the commercial fishing and implement, a loan program to aid in (1) that the Agency be able to inspect aquaculture industries for fishing the acquisition of IFQ by fishermen who records applies regardless of whether vessels, fisheries facilities, aquaculture fish from ‘‘small vessels,’’ and (2) the the copy is in paper or electronic form’’, facilities, and certain designated first time purchase of IFQ by ‘‘entry add a new paragraph to read as follows: individual fishing quota (IFQ). Section level fishermen.’’ Therefore, under this ‘‘In consideration of the final rule on 302 of the Coast Guard Authorization authority, the FFP cannot initiate or electronic documents and signatures, Act of 2015 included new authority to implement a lending program to finance the Agency rescinds Questions 1 finance the purchase of harvesting rights or refinance the purchase of IFQ until through 13 (76 FR 411, Jan.4, 2011) in a fishery that is federally managed the appropriate FMC submits a request (https://www.fmcsa.dot.gov/regulations/ under a limited access system. Through to NMFS and provides guidance for the title49/section/390.31).’’ this final rule, the FFP adds a new requisite criteria.

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NMFS currently administers two loan the exceptional circumstances would fisheries under their jurisdictions; programs pursuant to the existing IFQ justify NMFS returning any loan fees assuring that traditional uses of the FFP authority: the Northwest Halibut/ submitted with loan applications. The loan program are protected; and not Sablefish and Bering Sea and Aleutian opportunity for FMC input will help limiting the new harvesting rights Islands Crab IFQ loan programs. NMFS ensure that loans made by the FFP do authority or restricting lending to anticipates no changes to either of these not undermine or conflict with the goals fisheries or borrowers outside of the existing loan programs as a result of this and objectives of specific FMPs. fisheries in the existing IFQ loan action. However, the availability of the programs. Extent of Financing new loan authority may affect fishers in Adaptive Program Management—One the existing IFQ loan programs by Section 302 of the Coast Guard commenter suggested that NOAA providing an additional source of Authorization Act of 2015 imposes no should apply adaptive program financing which would not be limited limitations on the extent of financing to management controls to allow lending by existing quota share ownership. be provided by the FFP for the purchase in excess of $59 million in years where of harvesting rights. The new authority demand for traditional loan uses is high, New Loan Authority is also silent on any other limitations, and in years when historic usage is The new authority provided by Public such as those in the existing IFQ loan lower, NOAA could allow lending in Law 114–120 broadens the FFP’s programs limiting quantities of quota excess of the $41 million for harvesting existing authority, and authorizes the share eligible for financing. However, it rights. Program to finance the purchase of does reserve $59 million of direct loan Response—NOAA concurs, and is harvesting rights in a fishery that is authority for historical uses, defined at planning to institute such flexibility. federally managed under a limited 46 U.S.C. 53701(8). Thus, NMFS FMC Comments on Harvesting Rights access system. NMFS interprets anticipates that the balance of annual Loans—Two commenters supported the ‘‘limited access system’’ in accordance direct loan authority—currently $41 provision allowing FMCs to provide with section 3(27) of the MSA for million—may be available to finance or input on the potential effects of purposes of this authority. The MSA refinance the purchase of harvesting harvesting rights loans on fisheries defines ‘‘limited access system’’ as ‘‘a rights in federally managed fisheries under their jurisdiction. One commenter system that limits participation in a under a limited access system. This suggested that while FMCs may have fishery to those satisfying certain action will allow NMFS to fully use the fisheries expertise, they may not have eligibility criteria or requirements program’s loan authority either for similar financial expertise that would contained in a fishery management plan historical purposes or for any help them predict potential effects of a or associated regulation.’’ 16 U.S.C. authorized new purposes should it be loan program for fisheries under their 1802(27). Such definition includes, but determined that demand or lack of jurisdiction. The commenter suggested is not limited to, IFQ fisheries. demand in either area would result in that NMFS provide additional guidance The new authority provided by Public unused loan authority. as what constitutes an acceptable Law 114–120 does not require FMCs to objection from a FMC that would justify initiate a request to establish a loan Response to Comments a veto of a new loan program in a program in a fishery that is federally NMFS received eight comments particular fishery. managed under a limited access system during the comment period. Two of Response—First, to clarify for the in order for the FFP to provide financing these comments were not directly commenter, the regulations give FMCs in such a fishery. However, under the responsive to the rule. One of these an opportunity to comment but do not MSA, FMCs are primarily responsible included statements asserting general give them veto power. The ultimate for developing fishery management regulatory overreach and shortcomings decision on any harvesting rights loan plans (FMPs) for fisheries within their of the regulatory process. The other will be made by NMFS. NMFS authority that require conservation and comment was directed at overall agency considered whether to attempt to management. It is possible that the policies regarding aquaculture. A rule provide additional guidance as to what availability of fisheries loans may have on financing harvesting rights is not the would constitute an acceptable unanticipated effects on the appropriate venue for comments on objection from a FMC, but concluded achievement of FMP goals and national regulatory or other general that additional guidance is not possible objectives. Therefore, NMFS believes it policies. or necessary at this time. Each FMP has appropriate to allow the FMCs to The remaining six comments were its own goals and objectives, and each comment on the potential or actual either supportive of the new authority, fishery has its own unique scientific and effect of a loan program for harvesting or neutral. Of these, three mentioned financial circumstances, and therefore, rights in fisheries under their authority. support for allowing FMCs to comment attempting to provide additional, An FMC may provide an explanation to on potential lending for harvesting practical general guidance for all NMFS at any time, in writing, why the rights in their respective fisheries. Two fisheries is not feasible. NMFS will potential or continuing availability of supported retaining protections for the carefully consider any input it receives financing for harvesting rights in a traditional uses of the loan program and from a FMC as to why the FMC believes fishery under its authority would harm reserving the current funding level ($59 the availability of financing for the achievement of the goals and million) for such uses, taking into harvesting rights in a fishery would objectives of the FMP applicable to the account annual demand for the loan harm the achievement of the goals and fishery. If NMFS accepts the Council’s authority. One also supported not objectives of the FMP applicable to the reasoning, harvesting rights loans would applying additional loan program fishery, and NMFS will reach a not be provided, or would cease to be limitations to the new harvesting rights reasoned decision after considering all provided, in that fishery. In such a lending authority. of the relevant information regarding the scenario, NMFS would publish a notice Specific points raised in comments fishery. in the Federal Register notifying the included: Requesting further guidance Historical Loan Purposes—Two public that new loans will not be made on what constitutes acceptable commenters encouraged NMFS to in that fishery. If there were already objections from FMCs for not allowing protect the historical loan purposes in loan applications under consideration, financing of harvesting rights in the implementation of the harvesting

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rights rule, by reserving $59 million of Islands Crab) be allowed to obtain loans requirements, and meet all requirements loan authority for loans for those under the harvesting rights authority. to hold the harvesting rights under the historical purposes and using the Response—NMFS agrees. We note applicable FMP at the time of loan current balance of $41 million in loan that the Coast Guard Authorization Act closing. The FFP may require additional authority for loans for harvesting rights. of 2015 does not establish ownership lending conditions and security terms An additional commenter similarly limitations or include the same such as loan guarantees or security requested that the final rule not cause a limitations that apply to the IFQ lending interests in other collateral to bring redistribution away from, or additional programs, and it places no restriction on credit risk to acceptable levels. limitations on, lending for historical the application of this new authority to Affiliated businesses, the borrower’s uses in the Northwest Halibut/Sablefish any federally-managed limited access principals or majority shareholders, Loan Program. fisheries. Furthermore, Section 302 of persons or entities with a financial Response—NMFS generally agrees the Coast Guard Authorization Act of interest in the borrower, or any with these comments. As explained in 2015 says the new lending authority is individuals holding community the proposed rule, Section 302 of the ‘‘[i]n addition to the other eligible property rights may also be required to Coast Guard Authorization Act of 2015 purposes and uses of direct loan provide a guaranty. imposes no limitations on the extent of obligations provided for in’’ 46 U.S.C. In addition, all loan applicants are financing to be provided by the FFP for Chapter 537, which includes the subject to background and credit the purchase of harvesting rights. authority for the IFQ lending programs investigations, which may include, but However, it does require that the in 46 U.S.C. 53706, meaning the new are not limited to, reviews for Secretary make a minimum of $59 authority is intended to operate in unresolved fishing violations, criminal million available each fiscal year for addition to the IFQ lending authority. background checks, delinquent debt historical uses, as defined at 46 U.S.C. 46 U.S.C. 53702. Therefore, NMFS will investigations, and credit reports. Like 53701(8). 46 U.S.C. 53702(b)(3). NMFS consider applications from all fishers other FFP loan programs, lending for anticipates that the balance of annual and owners of harvesting rights, harvesting rights is subject to a statutory direct loan authority—currently $41 including those who presently loan limit of up to 80 percent of the million—may be available to finance or participate in the existing IFQ loan actual cost of the transaction, set as the refinance the purchase of harvesting fisheries or participate (or would purchase price or, in the case of rights in federally managed fisheries participate except for certain refinancing, the current market value. under a limited access system. This limitations) in the IFQ loan programs. The FFP retains sole discretion to action will allow NMFS to fully use the As provided for in the new regulations, determine the transaction’s actual cost program’s loan authority either for NMFS will accept and consider any or current market value. historical purposes or for any input the North Pacific Fishery Harvesting rights loan amounts can authorized new purposes should it be Management Council might have carry up to a 25-year term and can be determined that demand or lack of regarding the availability of the new used to either purchase new rights or demand in either area would result in harvesting rights loans in the existing refinance the debt associated with the unused loan authority. The loan IFQ loan fisheries. The existing IFQ loan prior purchase(s) of harvesting rights. In program currently operates on a ‘‘first fisheries (Northwest Halibut/Sablefish addition to maintaining a 20 percent come, first served’’ basis. The loan and Bering Sea and Aleutian Islands minimum equity stake, borrowers projects that are proposed with Crab) programs will also continue as refinancing existing debt will only complete documentation and provided by 50 CFR 253.28 and 50 CFR receive the lesser of the outstanding commitment fee earliest, are the first 253.30, respectively. amount of debt to be refinanced or 80 approved. However, for the harvesting Fostering smaller-scale and entry- percent of the current market value of rights program, $41 million will be level fishers—One commenter urged the harvesting right. reserved for harvesting rights loans until NOAA to continue fostering the growth If a borrower seeking refinancing fails later in the lending year, to facilitate the and success of smaller-scale and entry- to have the requisite 20 percent equity receipt and processing of harvesting level fishing communities, as is the case stake (measured as the difference rights proposals. NMFS understands under the current IFQ loan programs, between the current market value of the that early in the program’s and to prioritize sustainable fish farmers primary collateral and the amount of the implementation it may take more time and wild-caught fishing communities loan), that borrower will need to pay to complete harvesting rights loan when selecting beneficiaries of its grants down debt to meet the required level. In approvals, and loan scheduling should and aid programs. addition, under FFP standards, support that. However, in keeping with Response—While this rule does not borrowers are only eligible for the direction in the Coast Guard affect grant programs, NMFS will refinancing if their initial purchase Authorization Act of 2015, NMFS will continue to follow its statutory and would have been eligible for financing. generally reserve $59 million for regulatory obligations with respect to The program will refinance harvesting traditional loans until later in the the FFP, and will continue to provide rights acquired prior to this regulation if lending year, prior to obligating the loans to applicants who meet all of the the buyer’s original purchase would funds to loans for harvesting rights. statutory and regulatory requirements of have been eligible for FFP financing Limitations in IFQ Loan Programs— the FFP, including loans for smaller- under the terms of this action. One comment letter noted that IFQ loan scale and entry-level fishers under the Prospective borrowers may apply for programs contain certain restrictive current IFQ loan programs. a loan through any of the NOAA provisions, relating to entry-level and Fisheries Service regional FFP offices small vessel fishermen, that were not Harvesting Rights Lending (St. Petersburg, FL; Gloucester, MA; included in the statute or proposed rule Lending for harvesting rights will Seattle, WA). They must pay the for the harvesting rights program, and follow existing FFP lending procedures appropriate application fee, set by 46 suggested that participants, specifically and guidelines. Borrowers must be U.S. U.S.C. 53713(b) as one-half of one including crew, in these existing IFQ citizens or entities eligible to document percent of the loan amount requested, loan fisheries (Northwest Halibut/ a vessel for coastwise trade under 46 which is made up of two parts. Half is Sablefish and Bering Sea and Aleutian U.S.C. 50501, meet all general FFP the ‘‘filing fee,’’ and is nonrefundable

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when the FFP officially accepts the Executive Order 12866 mandatory requirements on any application. The other half, known as This final rule has been determined to business. This rule will implement the ‘‘commitment fee,’’ becomes be not significant for purposes of programs authorized by law. nonrefundable when the FFP executes Executive Order 12866. Specifically, the rule enacts regulatory and mails an Approval-in-Principle This final rule does not duplicate, additions to create a new lending purpose authorized by Section 302 of (AIP) letter to the applicant. The FFP overlap, or conflict with any other the Coast Guard Authorization Act of may refund the commitment fee if the relevant Federal rules. FFP declines the application or the 2015 (Pub. L. 114–120) and will be application is withdrawn prior to the Paperwork Reduction Act implemented in accordance with 50 issuance of an AIP letter. Notwithstanding any other provision CFR part 253, subpart B. This action of the law, no person is required to creates new § 253.31. As defined by NMFS for RFA Summary and Explanation of respond to, and no person shall be purposes, this rule may affect small Regulatory Changes subject to penalty for failure to comply fishing entities that have annual with, a collection of information subject NMFS did not make any changes from revenues of $11.0 million or less, to the requirements of the PRA, unless the proposed to final regulations in including, but not limited to, vessel that collection of information displays a response to public comments. This owners, vessel operators, individual currently valid OMB Control Number. action adds the following section, as fishermen, small corporations, and This final rule contains collections-of- explained here. others engaged in commercial fishing information subject to the PRA, which activities regulated by NOAA. Harvesting Rights Loans (253.31) have been approved by OMB under Borrowers under this authority may also control number 0648–0012. The This new section provides regulatory include large businesses. Notably, application requirements contained in because the FFP is a voluntary program provisions specific to the harvesting these rules have been approved under that provides loans to qualified rights loans. At the time a borrower OMB control number 0648–0012. Public borrowers, non-borrowers—large or submits an application, he or she must reporting burden for placing an small—would not be regulated by this satisfy the criteria listed in this new application for FFP financing is rule. section in order to be eligible to receive estimated to average eight hours per Although the FFP requires certain financing under the program. The response, including the time for supporting documentation during the borrower must comply with any reviewing instructions, searching life of a loan, the requirements do not limitations on the quantity of harvesting existing data sources, gathering and impose unusual burdens when rights that may be owned by one holder, maintaining the data needed, and compared to the burdens imposed by as specified in the applicable FMP and completing and reviewing the collection other lenders. Moreover, because the implementing regulations. The FFP will of information. No comments were basic need for financing would continue not finance harvesting rights in excess received regarding the paperwork to exist without the FFP, the individuals of FMP-imposed ownership limitations. aspects of this rule. seeking financing would still need to However, the FFP may finance Regulatory Flexibility Act comply with similar, if not identical, requirements imposed by another harvesting rights in the existing IFQ The Chief Counsel for Regulation of loan program fisheries in excess of the lender. Records required to participate the Department of Commerce has in the FFP are usually within the ownership limitations in the current certified to the Chief Counsel for IFQ loan program regulations, though normal records already maintained by Advocacy of the Small Business fishermen. It should take fewer than the FFP would accept comments on that Administration (SBA) that this rule will eight hours per application to meet from the applicable FMC, if the FMC not have a significant economic impact these requirements. chooses to comment. on a substantial number of small The information required from Classification entities. borrowers, such as income tax returns, The Regulatory Flexibility Act (RFA), insurance policies, permits, licenses, This final rule is published under the 5 U.S.C. 601, et seq., requires that, etc., is already available to them. authority of, and is consistent with, whenever an agency is required by 5 Depending on circumstances, the FFP Chapter 537 of Title 46 of the United U.S.C. 553, or any other law, to publish may require other supporting States Code and the Magnuson-Stevens general notice of proposed rulemaking documents, including financial Act, as amended. The NMFS Assistant for any proposed rule, or publishes a statements, property descriptions, and Administrator has determined that this notice of proposed rulemaking for an other documents that can be acquired at final rule is consistent with Chapter 537 interpretative rule involving the internal reasonable cost if they are not already of Title 46 of the U.S. Code, the revenue laws of the United States, the available. Magnuson-Stevens Act, as amended, agency shall prepare and make available FFP lending is a source of long-term, for public comment an initial regulatory and other applicable law. fixed rate capital financing and imposes flexibility analysis. Such analysis shall no regulatory requirements on anyone NEPA describe the impact of the proposed rule other than those applying for loans. FFP on small entities. 5 U.S.C. 603(a). borrowers make a voluntary decision to NMFS has determined that this rule However, where an agency can certify use the available lending. qualifies to be categorically excluded ‘‘that the rule will not, if promulgated, These loan programs will only have from further NEPA review. This action have a significant economic impact on positive impacts on borrowers. Because is consistent with categories of activities a substantial number of small entities’’ participation is voluntary and requires identified in CE G7 of the Companion then an agency need not undertake a effort and the outlay of an application Manual for NOAA Administrative Order full regulatory flexibility analysis. 5 fee, borrowers for harvesting rights 216–6A, and we have not identified any U.S.C. 605(b). financing are assumed to have made a extraordinary circumstances that would Participation in the FFP is entirely determination that using FFP financing preclude this categorical exclusion. voluntary. This action imposes no provides a benefit, such that the FFP’s

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long-term, fixed rate financing provides Fishery Conservation and Management (ii) The borrower meets all other only a positive economic impact. Act (16 U.S.C. 1802). applicable lending requirements; and Importantly, the FFP does not regulate (b) Loan requirements and limitations. (iii) The refinancing is in an amount or manage the affairs of its borrowers, These loan requirements and limitations up to 80 percent of the harvesting rights’ and the regulations impose no apply to individuals or entities who current market value, as determined at additional compliance, operating or seek to finance or refinance the the sole discretion of the Program, and other fees or costs on small entities acquisition of harvesting rights. subject to the limitation that the other than a financing relationship (1) The borrower must meet all Program will not disburse any amount would require. regulatory and statutory requirements to that exceeds the outstanding principal As a result of this certification, an hold the harvesting rights at the time balance, plus accrued interest (if any), of initial regulatory flexibility analysis is any such loan or refinancing loan would the existing harvesting rights’ debt being not required and none has been close. refinanced or its fair market value, prepared. (2) NMFS will accept and consider whichever is less. the input of a Regional Fishery List of Subjects in 50 CFR Part 253 Management Council at any time (2) In the event that the current regarding the availability of loans in a market value of harvesting rights and Aquaculture, Community principal loan balance do not meet the development groups, Direct lending, fishery under the Council’s authority. (i) The Council may submit an 80 percent requirement in paragraph Financial assistance, Fisheries, Fishing, explanation to NMFS, in writing, as to (c)(1)(iii) of this section, borrowers Individual fishing quota, Harvesting why the availability of financing for seeking refinancing may be required to rights (privileges). harvesting rights in a fishery would provide additional down payment. Dated: May 21, 2018. harm the achievement of the goals and (d) Maturity. Loan maturity may not Samuel D. Rauch III, objectives of the Fishery Management exceed 25 years, but may be shorter Deputy Assistant Administrator for Plan applicable to the fishery. If NMFS depending on credit and other Regulatory Programs, National Marine accepts the Council’s reasoning, considerations. Fisheries Service. harvesting rights loans will not be (e) Repayment. Repayment will be by For the reasons set forth in the provided, or will cease to be provided, equal quarterly installments of principal preamble, NMFS amends 50 CFR part in that fishery. and interest. 253, subpart B, as follows: (ii) If NMFS determines that (f) Security. Although harvesting harvesting rights loans will not be right(s) will be the primary collateral for PART 253—FISHERIES ASSISTANCE provided in a fishery, NMFS will a loan, the Program may require PROGRAMS publish a notice in the Federal Register additional security pledges to maintain notifying the public that new loans will the priority of the Program’s security ■ 1. The authority citation for part 253 not be made in that fishery. interest. The Program, at its option, may continues to read as follows: (iii) In such a scenario, pending also require all parties with significant Authority: 46 U.S.C. 53701 and 16 U.S.C. applications will be returned and loan ownership interests to personally 4101 et seq. fees returned as exceptional guarantee loan repayment for any circumstances justify the action. borrower that is a corporation, Subpart B—Fisheries Finance Program (3) The harvesting rights to be partnership, or other entity, including financed must be issued in a manner in collateral to secure the guarantees. Some ■ 2. Section 253.31 is added to read as which they can be individually projects may require additional security, follows: identified such that a valid and specific collateral, or credit enhancement as security interest can be recorded. This § 253.31 Harvesting rights loans. determined, in the sole discretion, by determination shall be solely made by the Program. (a) Specific definitions. For the the Program. purposes of this section, the following (c) Refinancing. (1) The Program may (g) Program credit standards. definitions apply: refinance any existing debts associated Harvesting rights loans, regardless of (1) Harvesting right(s) means any with harvesting rights a borrower purpose, are subject to all Program privilege to harvest fish in a fishery that currently holds, provided that: general credit standards and is federally managed under a limited (i) The harvesting rights being requirements. Collateral, guarantee and access system. refinanced would have been eligible for other requirements may be adjusted to (2) Limited access system has the Program financing at the time the individual credit risks. same meaning given to that term in borrower purchased them, if Program [FR Doc. 2018–11207 Filed 5–24–18; 8:45 am] section 3 of the Magnuson-Stevens financing had been available; BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 83, No. 102

Friday, May 25, 2018

This section of the FEDERAL REGISTER DATES: Comments must be received by period for the proposal from May 21, contains notices to the public of the proposed June 25, 2018. 2018 to June 25, 2018. issuance of rules and regulations. The ADDRESSES: purpose of these notices is to give interested You may submit comments Dated: May 22, 2018 persons an opportunity to participate in the by any of the methods identified in the Joseph M. Otting, rule making prior to the adoption of the final proposal. Comptroller of the Currency. rules. FOR FURTHER INFORMATION CONTACT: By order of the Board of Governors of the OCC: Venus Fan, Risk Expert (202) Federal Reserve System, acting through the 649–6514, Capital and Regulatory Secretary of the Board under delegated DEPARTMENT OF THE TREASURY Policy; or Carl Kaminski, Special authority, May 17, 2018. Ann E. Misback, Office of the Comptroller of the Counsel; Allison Hester-Haddad, Currency Counsel, or Christopher Rafferty, Secretary of the Board. Attorney, Legislative and Regulatory [FR Doc. 2018–11336 Filed 5–24–18; 8:45 am] 12 CFR Part 6 Activities Division, (202) 649–5490 or, BILLING CODE 4810–33–6210–01–P for persons who are deaf or hearing [Docket ID OCC–2018–0002] impaired, TTY, (202) 649–5597, Office RIN 1557–AE35 of the Comptroller of the Currency, 400 DEPARTMENT OF TRANSPORTATION 7th Street SW, Washington, DC 20219. Board: Constance M. Horsley, Deputy Federal Aviation Administration FEDERAL RESERVE SYSTEM Associate Director, (202) 452–5239; Elizabeth MacDonald, Manager, (202) 14 CFR Part 39 12 CFR Parts 208, 217, and 252 475–6316, Holly Kirkpatrick, [Docket No. FAA–2018–0448; Product Supervisory Financial Analyst, (202) Identifier 2017–NM–129–AD] [Docket No. R–1604] 452–2796, or Noah Cuttler, Senior RIN 2120–AA64 RIN 7100 AF–03 Financial Analyst (202) 912–4678, Capital and Regulatory Policy, Division Airworthiness Directives; Fokker Regulatory Capital Rules: Regulatory of Banking Supervision and Regulation; Services B.V. Airplanes Capital, Enhanced Supplementary or Benjamin W. McDonough, Assistant Leverage Ratio Standards for U.S. General Counsel, (202) 452–2036; David AGENCY: Federal Aviation Global Systemically Important Bank Alexander, Counsel, (202) 452–2877, Administration (FAA), DOT. Holding Companies and Certain of Greg Frischmann, Counsel, (202) 452– ACTION: Notice of proposed rulemaking Their Subsidiary Insured Depository 2803, Mark Buresh, Senior Attorney, (NPRM). Institutions; Total Loss-Absorbing (202) 452–5270, or Mary Watkins, Capacity Requirements for U.S. Global Attorney, (202) 452–3722, Legal SUMMARY: We propose to adopt a new Systemically Important Bank Holding Division, Board of Governors of the airworthiness directive (AD) for certain Companies Federal Reserve System, 20th and C Fokker Services B.V. Model F28 Mark Streets NW, Washington, DC 20551. For 0070 and 0100 airplanes. This proposed AGENCY: Office of the Comptroller of the the hearing impaired only, AD was prompted by a report of cracks, Currency, Treasury, and the Board of Telecommunication Device for the Deaf in various directions, in the lower Governors of the Federal Reserve (TDD), (202) 263–4869. portion of a main landing gear (MLG) System. SUPPLEMENTARY INFORMATION: On April piston. This proposed AD would require ACTION: Notice; extension of comment a detailed visual inspection of the MLG, period. 19, 2018, the Board of Governors of the Federal Reserve System (Board) and the and replacement if necessary. We are SUMMARY: On April 19, 2018, the Board Office of the Comptroller of the proposing this AD to address the unsafe of Governors of the Federal Reserve Currency (OCC) published in the condition on these products. System (Board) and the Office of the Federal Register a proposal to amend DATES: We must receive comments on Comptroller of the Currency (OCC) the enhanced supplementary leverage this proposed AD by July 9, 2018. published in the Federal Register a ratio (eSLR) standards of the Board and ADDRESSES: You may send comments, proposal to modify the enhanced the OCC.1 The proposal stated that the using the procedures found in 14 CFR supplementary leverage ratio standards comment period would close on May 11.43 and 11.45, by any of the following for U.S. top-tier bank holding 21, 2018. Commenters have requested methods: companies identified as global that the Board and the OCC extend the • Federal eRulemaking Portal: Go to systemically important bank holding comment period. An extension of the http://www.regulations.gov. Follow the companies, or GSIBs, and certain of comment period will provide additional instructions for submitting comments. their insured depository institution opportunity for the public to consider • Fax: 202–493–2251. subsidiaries. The proposal also included the proposal and prepare comments, • Mail: U.S. Department of conforming modifications to the Board’s including to address the questions Transportation, Docket Operations, M– total-loss absorbing capacity and long- posed by the Board and the OCC. 30, West Building Ground Floor, Room term debt rules. The Board and the OCC Therefore, the Board and the OCC are W12–140, 1200 New Jersey Avenue SE, have determined that an extension of extending the end of the comment Washington, DC 20590. the comment period until June 25, 2018, • Hand Delivery: Deliver to Mail is appropriate. 1 83 FR 17317 (April 19, 2018). address above between 9 a.m. and 5

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p.m., Monday through Friday, except comments on the overall regulatory, the reporting of inspection results to Fokker Federal holidays. economic, environmental, and energy Services. For service information identified in aspects of this NPRM. We will consider This [EASA] AD has been republished to this NPRM, contact Fokker Services all comments received by the closing correct wrong P/N references in paragraphs B.V., Technical Services Dept., P.O. Box (1) and (4). date and may amend this NPRM based This [EASA] AD is considered an interim 1357, 2130 EL Hoofddorp, the on those comments. measure and further [EASA] AD action may Netherlands; telephone: +31 (0)88– We will post all comments we follow. 6280–350; fax: +31 (0)88–6280–111; receive, without change, to http:// You may examine the MCAI in the email: [email protected]; www.regulations.gov, including any internet: http://www.myfokkerfleet.com. AD docket on the internet at http:// personal information you provide. We www.regulations.gov by searching for You may view this service information will also post a report summarizing each at the FAA, Transport Standards and locating Docket No. FAA–2018– substantive verbal contact we receive Branch, 2200 South 216th St., Des 0448. about this NPRM. Moines, WA. For information on the Related Service Information Under 1 availability of this material at the FAA, Discussion CFR Part 51 call 206–231–3195. The European Aviation Safety Agency Fokker Services B.V. has issued Examining the AD Docket (EASA), which is the Technical Agent Fokker Service Bulletin SBF100–32– You may examine the AD docket on for the Member States of the European 169, dated August 23, 2017. The service the internet at http:// Union, has issued EASA AD 2017–0163, information describes procedures for a www.regulations.gov by searching for dated September 4, 2017; corrected detailed visual inspection of the MLG, and locating Docket No. FAA–2018– September 5, 2017 (referred to after this and replacement if necessary. This 0448; or in person at the Docket as the Mandatory Continuing service information is reasonably Management Facility between 9 a.m. Airworthiness Information, or ‘‘the available because the interested parties and 5 p.m., Monday through Friday, MCAI’’), to correct an unsafe condition have access to it through their normal except Federal holidays. The AD docket for certain Fokker Services B.V. Model course of business or by the means contains this NPRM, the regulatory F28 Mark 0070 and 0100 airplanes. The identified in the ADDRESSES section. evaluation, any comments received, and MCAI states: other information. The street address for FAA’s Determination and Requirements An occurrence was reported where, during of This Proposed AD the Docket Operations office (telephone: a walk around check, a number of cracks, in 800–647–5527) is in the ADDRESSES various directions, were discovered in the This product has been approved by section. Comments will be available in lower portion of a MLG piston, Part Number the aviation authority of another the AD docket shortly after receipt. (P/N) 41141–5. No technical investigation country, and is approved for operation FOR FURTHER INFORMATION CONTACT: Tom results are available as yet, but based on a in the United States. Pursuant to our Rodriquez, Aerospace Engineer, previous event, as a result of which EASA bilateral agreement with the State of issued AD 2009–0221R1, later superseded by Design Authority, we have been notified International Section, Transport [EASA] AD 2011–0159, stress corrosion is Standards Branch, FAA, 2200 South suspected to have caused these cracks. of the unsafe condition described in the 216th St., Des Moines, WA 98198; This condition, if not detected and MCAI and service information telephone and fax 206–231–3226. corrected, could lead to MLG failure during referenced above. We are proposing this SUPPLEMENTARY INFORMATION: the landing roll-out, possibly resulting in AD because we evaluated all pertinent damage to the aeroplane and injury to information and determined an unsafe Comments Invited occupants. condition exists and is likely to exist or We invite you to send any written To address this potential unsafe condition, develop on other products of the same relevant data, views, or arguments about Fokker Services published Service Bulletin type design. this proposal. Send your comments to (SB) SBF100–32–169 to provide inspection instructions. Costs of Compliance ADDRESSES an address listed under the For the reasons described above, this section. Include ‘‘Docket No. FAA– [EASA] AD requires a one-time detailed We estimate that this proposed AD 2018–0448; Product Identifier 2017– visual inspection (DVI) of the MLG pistons affects 5 airplanes of U.S. registry. NM–129–AD’’ at the beginning of your for cracks and, depending on findings, We estimate the following costs to comments. We specifically invite replacement. This [EASA] AD also requires comply with this proposed AD:

ESTIMATED COSTS

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

Detailed visual inspection ...... 3 work-hours × $85 per hour = $255 ...... $0 $255 $1,275 Reporting ...... 1 work-hour × $85 per hour = $85 ...... 0 85 425

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

MLG Replacement ...... 12 work-hours × $85 per hour = $1,020 ...... $95,000 $96,020

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Paperwork Reduction Act under Executive Order 13132. This MLG failure during the landing roll-out, and proposed AD would not have a possibly result in damage to the airplane and A federal agency may not conduct or injury to occupants. sponsor, and a person is not required to substantial direct effect on the States, on respond to, nor shall a person be subject the relationship between the national (f) Compliance to penalty for failure to comply with a Government and the States, or on the Comply with this AD within the collection of information subject to the distribution of power and compliance times specified, unless already requirements of the Paperwork responsibilities among the various done. levels of government. Reduction Act unless that collection of (g) One-Time Detailed Visual Inspection For the reasons discussed above, I information displays a current valid certify this proposed regulation: Within 30 days after the effective date of OMB control number. The control 1. Is not a ‘‘significant regulatory this AD, do a detailed visual inspection of number for the collection of information each MLG piston part number 41141–5, in action’’ under Executive Order 12866; accordance with the Accomplishment required by this NPRM is 2120–0056. 2. Is not a ‘‘significant rule’’ under the The paperwork cost associated with this Instructions of Fokker Service Bulletin DOT Regulatory Policies and Procedures SBF100–32–169, dated August 23, 2017. NPRM has been detailed in the Costs of (44 FR 11034, February 26, 1979); Compliance section of this document 3. Will not affect intrastate aviation in (h) Corrective Actions and includes time for reviewing Alaska; and If any crack is found, during any instructions, as well as completing and 4. Will not have a significant inspection required by paragraph (g) of this reviewing the collection of information. economic impact, positive or negative, AD, before further flight, replace the MLG Therefore, all reporting associated with on a substantial number of small entities piston with a serviceable piston (i.e., a new this NPRM is mandatory. Comments piston, a piston that has not accumulated any under the criteria of the Regulatory flight cycles since overhaul, or a piston that concerning the accuracy of this burden Flexibility Act. and suggestions for reducing the burden has been inspected as required by paragraph List of Subjects in 14 CFR Part 39 (g) of this AD and has no cracks), in should be directed to the FAA at 800 accordance with the Accomplishment Independence Ave. SW, Washington, Air transportation, Aircraft, Aviation Instructions of Fokker Service Bulletin DC 20591, ATTN: Information safety, Incorporation by reference, SBF100–32–169, dated August 23, 2017. Collection Clearance Officer, AES–200. Safety. (i) Reporting Authority for This Rulemaking The Proposed Amendment (1) Submit a report of the findings (both Title 49 of the United States Code Accordingly, under the authority positive and negative) of the inspection specifies the FAA’s authority to issue required by paragraph (g) of this AD to delegated to me by the Administrator, Fokker Services B.V., Technical Services, fax: rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part +31 (0)25–2627–211; email: section 106, describes the authority of 39 as follows: [email protected], at the the FAA Administrator. Subtitle VII: applicable time specified in paragraph Aviation Programs, describes in more PART 39—AIRWORTHINESS (i)(1)(i) or (i)(1)(ii) of this AD. The report detail the scope of the Agency’s DIRECTIVES must include the information specified in the authority. questionnaire of Fokker Service Bulletin ■ We are issuing this rulemaking under 1. The authority citation for part 39 SBF100–32–169, dated August 23, 2017. the authority described in ‘‘Subtitle VII, continues to read as follows: (i) If the inspection was done on or after the effective date of this AD: Submit the Authority: 49 U.S.C. 106(g), 40113, 44701. Part A, Subpart III, Section 44701: report within 30 days after the inspection. General requirements.’’ Under that § 39.13 [Amended] (ii) If the inspection was done before the section, Congress charges the FAA with ■ effective date of this AD: Submit the report promoting safe flight of civil aircraft in 2. The FAA amends § 39.13 by adding within 30 days after the effective date of this air commerce by prescribing regulations the following new airworthiness AD. for practices, methods, and procedures directive (AD): (2) Although Fokker Service Bulletin the Administrator finds necessary for Fokker Services B.V.: Docket No. FAA– SBF100–32–169, dated August 23, 2017, safety in air commerce. This regulation 2018–0448; Product Identifier 2017– specifies to submit certain information to NM–129–AD. Goodrich, this AD does not include that is within the scope of that authority requirement. because it addresses an unsafe condition (a) Comments Due Date (j) Parts Installation Limitations that is likely to exist or develop on We must receive comments by July 9, 2018. products identified in this rulemaking As of the effective date of this AD, it is action. (b) Affected ADs allowed to install a piston P/N 41141–5, or This proposed AD is issued in None. a replacement MLG with a piston P/N 41141– 5, on any airplane, provided the piston is accordance with authority delegated by (c) Applicability the Executive Director, Aircraft new, or has not accumulated any flight cycles since overhaul, or has been inspected as Certification Service, as authorized by This AD applies to Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes, required by paragraph (g) of this AD and has FAA Order 8000.51C. In accordance certificated in any category, all manufacturer no cracks. with that order, issuance of ADs is serial numbers, if equipped with Goodrich (k) Other FAA AD Provisions normally a function of the Compliance main landing gear (MLG). and Airworthiness Division, but during The following provisions also apply to this this transition period, the Executive (d) Subject AD: Director has delegated the authority to Air Transport Association (ATA) of (1) Alternative Methods of Compliance issue ADs applicable to transport America Code 32, Landing gear. (AMOCs): The Manager, International Section, Transport Standards Branch, FAA, category airplanes to the Director of the (e) Reason has the authority to approve AMOCs for this System Oversight Division. This AD was prompted by a report of AD, if requested using the procedures found Regulatory Findings cracks, in various directions, in the lower in 14 CFR 39.19. In accordance with 14 CFR portion of a MLG piston. We are issuing this 39.19, send your request to your principal We determined that this proposed AD AD to detect and correct cracks in the lower inspector or local Flight Standards District would not have federalism implications portion of the MLG, which could lead to Office, as appropriate. If sending information

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directly to the International Section, send it Issued in Des Moines, Washington, on May +34 91 585 31 27; email to the attention of the person identified in 15, 2018. [email protected]. paragraph (l)(2) of this AD. Information may Dionne Palermo, You may view this service information be emailed to: 9-ANM-116-AMOC- Acting Director, System Oversight Division, at the FAA, Transport Standards [email protected]. Before using any Aircraft Certification Service. Branch, 2200 South 216th St., Des approved AMOC, notify your appropriate [FR Doc. 2018–11135 Filed 5–24–18; 8:45 am] Moines, WA. For information on the principal inspector, or lacking a principal BILLING CODE 4910–13–P availability of this material at the FAA, inspector, the manager of the local flight standards district office/certificate holding call 206–231–3195. district office. Examining the AD Docket (2) Contacting the Manufacturer: For any DEPARTMENT OF TRANSPORTATION You may examine the AD docket on requirement in this AD to obtain corrective Federal Aviation Administration actions from a manufacturer, the action must the internet at http:// be accomplished using a method approved www.regulations.gov by searching for by the Manager, International Section, 14 CFR Part 39 and locating Docket No. FAA–2018– Transport Standards Branch, FAA; or the [Docket No. FAA–2018–0416; Product 0416; or in person at the Docket European Aviation Safety Agency (EASA); or Identifier 2017–NM–164–AD] Management Facility between 9 a.m. Fokker Services B.V.’s EASA Design and 5 p.m., Monday through Friday, Organization Approval (DOA). If approved by RIN 2120–AA64 except Federal holidays. The AD docket the DOA, the approval must include the Airworthiness Directives; Airbus contains this NPRM, the regulatory DOA-authorized signature. evaluation, any comments received, and (3) Reporting Requirements: A federal Defense and Space S.A. (Formerly Known as Construcciones other information. The street address for agency may not conduct or sponsor, and a the Docket Operations office (telephone person is not required to respond to, nor Aeronauticas, S.A.) Airplanes 800–647–5527) is in the ADDRESSES shall a person be subject to a penalty for AGENCY: Federal Aviation section. Comments will be available in failure to comply with a collection of Administration (FAA), DOT. information subject to the requirements of the AD docket shortly after receipt. the Paperwork Reduction Act unless that ACTION: Notice of proposed rulemaking FOR FURTHER INFORMATION CONTACT: collection of information displays a current (NPRM). Shahram Daneshmandi, Aerospace valid OMB Control Number. The OMB Engineer, International Section, Control Number for this information SUMMARY: We propose to adopt a new Transport Standards Branch, FAA, 2200 collection is 2120–0056. Public reporting for airworthiness directive (AD) for all South 216th St., Des Moines, WA 98198; this collection of information is estimated to Airbus Defense and Space S.A. Model telephone and fax 206–231–3220. be approximately 1 hour per response, CN–235, CN–235–100, CN–235–200, SUPPLEMENTARY INFORMATION: including the time for reviewing instructions, and CN–235–300 airplanes; and certain completing and reviewing the collection of Model C–295 airplanes. This proposed Comments Invited information. All responses to this collection AD was prompted by a report that We invite you to send any written of information are mandatory. Comments cracks were found on the stabilizer-to- relevant data, views, or arguments about concerning the accuracy of this burden and fuselage rear attachment fitting. This this proposal. Send your comments to suggestions for reducing the burden should proposed AD would require a detailed an address listed under the ADDRESSES be directed to the FAA at: 800 Independence inspection of the upper and lower lugs section. Include ‘‘Docket No. FAA– Ave. SW, Washington, DC 20591, Attn: of each horizontal stabilizer-to-fuselage 2018–0416; Product Identifier 2017– Information Collection Clearance Officer, rear attachment fitting, repair if AES–200. NM–164–AD’’ at the beginning of your necessary, and a report of findings. We comments. We specifically invite (l) Related Information are proposing this AD to address the comments on the overall regulatory, unsafe condition on these products. (1) Refer to Mandatory Continuing economic, environmental, and energy Airworthiness Information (MCAI) EASA AD DATES: We must receive comments on aspects of this NPRM. We will consider 2017–0163, dated September 4, 2017; this proposed AD by July 9, 2018. all comments received by the closing corrected September 5, 2017; for related ADDRESSES: You may send comments, date and may amend this NPRM based information. This MCAI may be found in the using the procedures found in 14 CFR AD docket on the internet at http:// on those comments. www.regulations.gov by searching for and 11.43 and 11.45, by any of the following We will post all comments we methods: receive, without change, to http:// locating Docket No. FAA–2018–0448. • (2) For more information about this AD, Federal eRulemaking Portal: Go to www.regulations.gov, including any contact Tom Rodriquez, Aerospace Engineer, http://www.regulations.gov. Follow the personal information you provide. We International Section, Transport Standards instructions for submitting comments. will also post a report summarizing each Branch, FAA, 2200 South 216th St., Des • Fax: 202–493–2251. substantive verbal contact we receive Moines, WA 98198; telephone and fax 206– • Mail: U.S. Department of about this NPRM. 231–3226. Transportation, Docket Operations, M– (3) For service information identified in 30, West Building Ground Floor, Room Discussion this AD, contact Fokker Services B.V., W12–140, 1200 New Jersey Avenue SE, The European Aviation Safety Agency Technical Services Dept., P.O. Box 1357, Washington, DC 20590. (EASA), which is the Technical Agent 2130 EL Hoofddorp, the Netherlands; • Hand Delivery: Deliver to Mail for the Member States of the European telephone: +31 (0)88–6280–350; fax: +31 address above between 9 a.m. and 5 Union, has issued EASA AD 2017–0218, (0)88–6280–111; email: technicalservices@ fokker.com; internet: http:// p.m., Monday through Friday, except dated November 8, 2017 (referred to www.myfokkerfleet.com. You may view this Federal holidays. after this as the Mandatory Continuing service information at the FAA, Transport For service information identified in Airworthiness Information, or ‘‘the Standards Branch, 2200 South 216th St., Des this NPRM, contact Airbus Defense and MCAI’’), to correct an unsafe condition Moines, WA. For information on the Space Services/Engineering Support, for all Airbus Defense and Space S.A. availability of this material at the FAA, call Avenida de Arago´n 404, 28022 Madrid, Model CN–235, CN–235–100, CN–235– 206–231–3195. Spain; telephone +34 91 585 55 84; fax 200, and CN–235–300 airplanes; and

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certain Model C–295 airplanes. The You may examine the MCAI in the of business or by the means identified MCAI states: AD docket on the internet at http:// in the ADDRESSES section. www.regulations.gov by searching for Cracks were reportedly found on the FAA’s Determination and Requirements stabilizer-to-fuselage rear attachment fitting and locating Docket No. FAA–2018– of a CN–235 aeroplane. Subsequent 0416. of This Proposed AD investigation determined that the affected This product has been approved by horizontal attachment fitting was a reworked Related Service Information Under 1 part. CFR Part 51 the aviation authority of another This condition, if not detected and country, and is approved for operation corrected, could lead to reduced structural Airbus Defense and Space S.A. has in the United States. Pursuant to our integrity of lugs of the stabilizer-to-fuselage issued Alert Operators Transmission bilateral agreement with the State of rear attachment fittings and consequent lug (AOT) AOT–CN235–55–0004, Revision Design Authority, we have been notified or fitting failure, possibly resulting in 1, dated October 24, 2016; and AOT of the unsafe condition described in the reduced control of the aeroplane. AOT–C295–55–0005, Revision 1, dated To address this potentially unsafe MCAI and service information October 24, 2016. This service referenced above. We are proposing this condition, Airbus Defence and Space (D&S) information describes a detailed issued Alert Operators Transmission (AOT) AD because we evaluated all pertinent AOT–C295–55–0005 and AOT–CN235–55– inspection of the upper and lower lugs information and determined an unsafe 0004 to provide inspection instructions. of each horizontal stabilizer-to-fuselage condition exists and is likely to exist or For the reasons described above, this rear attachment fitting (left- and right- develop on other products of these same [EASA] AD requires a one-time detailed hand sides), repair if necessary, and type designs. inspection (DET) of the upper and lower lugs sending inspection results to the of the horizontal stabilizer-to-fuselage rear manufacturer. These documents are Costs of Compliance attachment fittings on the left hand (LH) and distinct since they apply to different right hand (RH) sides and, depending on airplane models. This service We estimate that this proposed AD findings, accomplishment of applicable affects 14 airplanes of U.S. registry. corrective action(s) [repairs]. This [EASA] AD information is reasonably available also requires reporting of all findings, because the interested parties have We estimate the following costs to including none. access to it through their normal course comply with this proposed AD:

ESTIMATED COSTS

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

Inspection ...... 8 work-hours × $85 per hour = $680 ...... $0 $680 $9,520 Reporting ...... 1 work-hour × $85 per hour = $85 ...... 0 85 1,190

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Repair ...... 15 work-hours × $85 per hour = $1,275 ...... $0 $1,275

Paperwork Reduction Act and suggestions for reducing the burden for practices, methods, and procedures should be directed to the FAA at 800 the Administrator finds necessary for A federal agency may not conduct or Independence Ave. SW, Washington, safety in air commerce. This regulation sponsor, and a person is not required to DC 20591, ATTN: Information is within the scope of that authority respond to, nor shall a person be subject Collection Clearance Officer, AES–200. because it addresses an unsafe condition to penalty for failure to comply with a Authority for This Rulemaking that is likely to exist or develop on collection of information subject to the products identified in this rulemaking requirements of the Paperwork Title 49 of the United States Code action. Reduction Act unless that collection of specifies the FAA’s authority to issue information displays a current valid rules on aviation safety. Subtitle I, This proposed AD is issued in OMB control number. The control section 106, describes the authority of accordance with authority delegated by number for the collection of information the FAA Administrator. ‘‘Subtitle VII: the Executive Director, Aircraft required by this NPRM is 2120–0056. Aviation Programs,’’ describes in more Certification Service, as authorized by The paperwork cost associated with this detail the scope of the Agency’s FAA Order 8000.51C. In accordance NPRM has been detailed in the Costs of authority. with that order, issuance of ADs is Compliance section of this document We are issuing this rulemaking under normally a function of the Compliance and includes time for reviewing the authority described in ‘‘Subtitle VII, and Airworthiness Division, but during instructions, as well as completing and Part A, Subpart III, Section 44701: this transition period, the Executive reviewing the collection of information. General requirements.’’ Under that Director has delegated the authority to Therefore, all reporting associated with section, Congress charges the FAA with issue ADs applicable to transport this NPRM is mandatory. Comments promoting safe flight of civil aircraft in category airplanes to the Director of the concerning the accuracy of this burden air commerce by prescribing regulations System Oversight Division.

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Regulatory Findings the FAA proposes to amend 14 CFR part (d) Subject We determined that this proposed AD 39 as follows: Air Transport Association (ATA) of America Code 55, Horizontal stabilizer. would not have federalism implications PART 39—AIRWORTHINESS under Executive Order 13132. This DIRECTIVES (e) Reason proposed AD would not have a substantial direct effect on the States, on This AD was prompted by a report that ■ 1. The authority citation for part 39 the relationship between the national cracks were found on the stabilizer-to- continues to read as follows: Government and the States, or on the fuselage rear attachment fitting. We are distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. issuing this AD to address such cracking, which could lead to reduced structural responsibilities among the various § 39.13 [Amended] integrity of the lugs on the stabilizer-to- levels of government. fuselage rear attachment fittings and For the reasons discussed above, I ■ 2. The FAA amends § 39.13 by adding consequent lug or fitting failure, and could certify this proposed regulation: the following new airworthiness result in reduced controllability of the 1. Is not a ‘‘significant regulatory directive (AD): airplane. action’’ under Executive Order 12866; Airbus Defense and Space S.A. (Formerly 2. Is not a ‘‘significant rule’’ under the Known as Construcciones Aeronauticas, (f) Compliance DOT Regulatory Policies and Procedures S.A.): Docket No. FAA–2018–0416; Comply with this AD within the (44 FR 11034, February 26, 1979); Product Identifier 2017–NM–164–AD. compliance times specified, unless already 3. Will not affect intrastate aviation in done. Alaska; and (a) Comments Due Date 4. Will not have a significant We must receive comments by July 9, 2018. (g) Inspection economic impact, positive or negative, Within the compliance times specified in (b) Affected ADs on a substantial number of small entities figure 1 or figure 2 to paragraph (g) of this under the criteria of the Regulatory None. AD, as applicable, accomplish a detailed Flexibility Act. (c) Applicability inspection for cracks or rework of the upper and lower lugs of each horizontal stabilizer- List of Subjects in 14 CFR Part 39 This AD applies to Airbus Defense and Space S.A. Model airplanes, certificated in to-fuselage rear attachment fitting (left- and Air transportation, Aircraft, Aviation any category, specified in paragraphs (c)(1) right-hand sides), in accordance with the safety, Incorporation by reference, and (c)(2) of this AD. instructions of Airbus Defence and Space Safety. (1) Model CN–235, CN–235–100, CN–235– Alert Operators Transmission (AOT) AOT– CN235–55–0004, Revision 1, dated October The Proposed Amendment 200, and CN–235–300 airplanes, all manufacturer serial numbers (MSN). 24, 2016; or Airbus Defence and Space AOT Accordingly, under the authority (2) Model C–295 airplanes, MSN 001 AOT–C295–55–0005, Revision 1, dated delegated to me by the Administrator, through 148 inclusive. October 24, 2016; as applicable.

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(h) Corrective Action instructions of Airbus Defence and Space (2) Contacting the Manufacturer: For any If, during the detailed inspection required AOT AOT–CN235–55–0004, Revision 1, requirement in this AD to obtain corrective by paragraph (g) of this AD, any discrepancy dated October 24, 2016; or Airbus Defence actions from a manufacturer, the action must (i.e., cracking or rework) is detected, as and Space AOT AOT–C295–55–0005, be accomplished using a method approved specified in Airbus Defence and Space AOT Revision 1, dated October 24, 2016; as by the Manager, International Section, AOT–CN235–55–0004, Revision 1, dated applicable; and no discrepancy was found. Transport Standards Branch, FAA; or the October 24, 2016; or Airbus Defence and Before installation of the horizontal EASA; or Airbus Defense and Space S.A.’s Space AOT AOT–C295–55–0005, Revision 1, stabilizer-to-fuselage rear attachment fitting, DOA. If approved by the DOA, the approval dated October 24, 2016; as applicable: Before contact the Manager, International Section, must include the DOA-authorized signature. further flight, contact the Manager, Transport Standards Branch, FAA; or the (3) Paperwork Reduction Act Burden International Section, Transport Standards EASA; or Airbus Defense and Space S.A.’s Statement: A federal agency may not conduct Branch, FAA; or the European Aviation EASA DOA, for approved instructions and do or sponsor, and a person is not required to Safety Agency (EASA); or Airbus Defense those instructions accordingly. If approved respond to, nor shall a person be subject to and Space S.A.’s EASA Design Organization by the DOA, the approval must include the a penalty for failure to comply with a Approval (DOA), for approved repair DOA-authorized signature. collection of information subject to the instructions. If approved by the DOA, the (k) Credit for Previous Actions requirements of the Paperwork Reduction approval must include the DOA-authorized Act unless that collection of information This paragraph provides credit for actions signature. Accomplish the repair accordingly displays a current valid OMB Control within the compliance time specified in required by paragraphs (g), (h), and (i) of this AD, if those actions were performed before Number. The OMB Control Number for this those instructions, including any repetitive information collection is 2120–0056. Public post-repair inspections, if applicable. the effective date of this AD using Airbus Defence and Space AOT AOT–CN235–55– reporting for this collection of information is (i) Reporting Requirement 0004, dated December 22, 2015; or Airbus estimated to be approximately 1 hour per response, including the time for reviewing Submit a one-time report of the findings Defence and Space AOT AOT–C295–55– instructions, completing and reviewing the (both positive and negative) of the inspection 0005, December 22, 2015; as applicable. collection of information. All responses to required by paragraph (g) of this AD to (l) Other FAA AD Provisions this collection of information are mandatory. Airbus Defense and Space S.A., in accordance with Airbus Defence and Space The following provisions also apply to this Comments concerning the accuracy of this AOT AOT–CN235–55–0004, Revision 1, AD: burden and suggestions for reducing the dated October 24, 2016; or Airbus Defence (1) Alternative Methods of Compliance burden should be directed to the FAA at: 800 and Space AOT AOT–C295–55–0005, (AMOCs): The Manager, International Independence Ave. SW, Washington, DC Revision 1, dated October 24, 2016; as Section, Transport Standards Branch, FAA, 20591, Attn: Information Collection applicable; at the applicable time specified in has the authority to approve AMOCs for this Clearance Officer, AES–200. AD, if requested using the procedures found paragraph (i)(1) or (i)(2) of this AD. (m) Related Information (1) If the inspection was done on or after in 14 CFR 39.19. In accordance with 14 CFR the effective date of this AD: Submit the 39.19, send your request to your principal (1) Refer to Mandatory Continuing report within 60 days after the inspection. inspector or local Flight Standards District Airworthiness Information (MCAI) EASA AD (2) If the inspection was done before the Office, as appropriate. If sending information 2017–0218, dated November 8, 2017, for effective date of this AD: Submit the report directly to the International Section, send it related information. This MCAI may be within 60 days after the effective date of this to the attention of the person identified in found in the AD docket on the internet at AD. paragraph (m)(2) of this AD. Information may http://www.regulations.gov by searching for be emailed to: 9-ANM-116-AMOC- and locating Docket No. FAA–2018–0416. (j) Parts Installation Limitations [email protected]. Before using any (2) For more information about this AD, As of the effective date of this AD, no approved AMOC, notify your appropriate contact Shahram Daneshmandi, Aerospace person may install, on any airplane, a principal inspector, or lacking a principal Engineer, International Section, Transport horizontal stabilizer-to-fuselage rear inspector, the manager of the local flight Standards Branch, FAA, 2200 South 216th attachment fitting, unless the part is new or standards district office/certificate holding St., Des Moines, WA 98198; telephone and it has been inspected in accordance with district office. fax 206–231–3220.

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(3) For service information identified in p.m., Monday through Friday, except this as the Mandatory Continuing this AD, contact Airbus Defense and Space Federal holidays. Airworthiness Information, or ‘‘the Services/Engineering Support, Avenida de For service information identified in MCAI’’), to correct an unsafe condition Arago´n 404, 28022 Madrid, Spain; telephone this NPRM, contact Airbus SAS, for all Airbus Model A300 series +34 91 585 55 84; fax +34 91 585 31 27; email Airworthiness Office—EAW, 1 Rond [email protected]. You airplanes. The MCAI states: may view this service information at the Point Maurice Bellonte, 31707 Blagnac The airworthiness limitations for the FAA, Transport Standards Branch, 2200 Cedex, France; telephone +33 5 61 93 36 Airbus A300 aeroplanes, which are approved South 216th St., Des Moines, WA. For 96; fax +33 5 61 93 44 51; email by EASA, are currently defined and information on the availability of this [email protected]; published in the Airbus A300 Airworthiness material at the FAA, call 206–231–3195. internet http://www.airbus.com. You Limitations Section (ALS) documents. The Damage Tolerant Airworthiness Limitation Issued in Des Moines, Washington, on May may view this service information at the Items are specified in the A300 ALS Part 2. 11, 2018. FAA, Transport Standards Branch, 2200 These instructions have been identified as Michael Kaszycki, South 216th St., Des Moines, WA. For information on the availability of this mandatory for continuing airworthiness. Acting Director, System Oversight Division, material at the FAA, call 206–231–3195. Failure to accomplish these instructions Aircraft Certification Service. could result in an unsafe condition. [FR Doc. 2018–11142 Filed 5–24–18; 8:45 am] Examining the AD Docket EASA previously issued [EASA] AD 2015– BILLING CODE 4910–13–P 0115 [which corresponds to FAA AD 2017– You may examine the AD docket on 04–05, Amendment 39–18800 (82 FR 11134, the internet at http:// February 21, 2017) (‘‘AD 2017–04–05’’)] to www.regulations.gov by searching for DEPARTMENT OF TRANSPORTATION require compliance with the maintenance and locating Docket No. FAA–2018– requirements and associated airworthiness Federal Aviation Administration 0414; or in person at the Docket limitations defined in Airbus A300 ALS Part Management Facility between 9 a.m. 2 Revision 02. and 5 p.m., Monday through Friday, Since that [EASA] AD was issued, new or 14 CFR Part 39 except Federal holidays. The AD docket more restrictive maintenance requirements [Docket No. FAA–2018–0414; Product contains this NPRM, the regulatory and airworthiness limitations were approved Identifier 2017–NM–159–AD] evaluation, any comments received, and by EASA. Consequently, Airbus published Revision 03 of the A300 ALS Part 2, RIN 2120–AA64 other information. The street address for compiling all ALS Part 2 changes approved the Docket Operations office (telephone since previous Revision 02. Airworthiness Directives; Airbus 800–647–5527) is in the ADDRESSES For the reason described above, this Airplanes section. Comments will be available in [EASA] AD retains the requirements of EASA the AD docket shortly after receipt. AD 2015–0115, which is superseded, and AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Dan requires accomplishment of the actions Administration (FAA), DOT. Rodina, Aerospace Engineer, specified in Airbus A300 ALS Part 2 Revision ACTION: Notice of proposed rulemaking International Section, Transport 03. (NPRM). Standards Branch, FAA, 2200 South You may examine the MCAI in the 216th St., Des Moines, WA 98198; AD docket on the internet at http:// SUMMARY: We propose to adopt a new telephone and fax 206–231–3225. www.regulations.gov by searching for airworthiness directive (AD) for all and locating Docket No. FAA–2018– Airbus Model A300 series airplanes. SUPPLEMENTARY INFORMATION: 0414. This proposed AD was prompted by a Comments Invited revision of a certain airworthiness Relationship Between Proposed AD and We invite you to send any written limitations item (ALI) document, which AD 2017–04–05 relevant data, views, or arguments about specifies new or more restrictive this proposal. Send your comments to This NPRM would not supersede AD instructions and airworthiness an address listed under the ADDRESSES 2017–04–05. Rather, we have limitations. This proposed AD would section. Include ‘‘Docket No. FAA– determined that a stand-alone AD require revising the maintenance or 2018–0414; Product Identifier 2017– would be more appropriate to address inspection program, as applicable, to NM–159–AD’’ at the beginning of your the changes in the MCAI. This NPRM incorporate new or revised structural comments. We specifically invite would require revising the maintenance inspection requirements. We are comments on the overall regulatory, or inspection program, as applicable, to proposing this AD to address the unsafe economic, environmental, and energy incorporate new or revised structural condition on these products. aspects of this NPRM. We will consider inspection requirements. DATES: We must receive comments on all comments received by the closing Accomplishment of the proposed this proposed AD by July 9, 2018. date and may amend this NPRM based actions would then terminate all of the ADDRESSES: You may send comments, on those comments. requirements of AD 2017–04–05. using the procedures found in 14 CFR We will post all comments we Related Service Information Under 1 11.43 and 11.45, by any of the following receive, without change, to http:// CFR Part 51 methods: www.regulations.gov, including any • Federal eRulemaking Portal: Go to personal information you provide. We Airbus has issued A300 http://www.regulations.gov. Follow the will also post a report summarizing each Airworthiness Limitations Section instructions for submitting comments. substantive verbal contact we receive (ALS), Part 2—Damage Tolerant • Fax: 202–493–2251. about this NPRM. Airworthiness Limitation Items (DT– • Mail: U.S. Department of ALI), Revision 03, dated August 28, Transportation, Docket Operations, M– Discussion 2017. The service information describes 30, West Building Ground Floor, Room The European Aviation Safety Agency airworthiness limitations applicable to W12–140, 1200 New Jersey Avenue SE, (EASA), which is the Technical Agent the DT–ALI. This service information is Washington, DC 20590. for the Member States of the European reasonably available because the • Hand Delivery: Deliver to Mail Union, has issued EASA AD 2017–0207, interested parties have access to it address above between 9 a.m. and 5 dated October 12, 2017 (referred to after through their normal course of business

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or by the means identified in the this number may vary from operator to 3. Will not affect intrastate aviation in ADDRESSES section. operator. In the past, we have estimated Alaska; and that this action takes 1 work-hour per 4. Will not have a significant FAA’s Determination and Requirements airplane. Since operators incorporate economic impact, positive or negative, of This Proposed AD maintenance or inspection program on a substantial number of small entities This product has been approved by changes for their affected fleet(s), we under the criteria of the Regulatory the aviation authority of another have determined that a per-operator Flexibility Act. country, and is approved for operation estimate is more accurate than a per- List of Subjects in 14 CFR Part 39 in the United States. Pursuant to our airplane estimate. Therefore, we bilateral agreement with the State of estimate the total cost per operator to be Air transportation, Aircraft, Aviation Design Authority, we have been notified $7,650 (90 work-hours × $85 per work- safety, Incorporation by reference, of the unsafe condition described in the hour). Safety. MCAI and service information The Proposed Amendment referenced above. We are proposing this Authority for This Rulemaking AD because we evaluated all pertinent Title 49 of the United States Code Accordingly, under the authority information and determined an unsafe specifies the FAA’s authority to issue delegated to me by the Administrator, condition exists and is likely to exist or rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part develop on other products of the same section 106, describes the authority of 39 as follows: type design. the FAA Administrator. ‘‘Subtitle VII: PART 39—AIRWORTHINESS This AD requires revisions to certain Aviation Programs,’’ describes in more DIRECTIVES operator maintenance documents to detail the scope of the Agency’s include new actions (e.g., inspections). authority. ■ 1. The authority citation for part 39 Compliance with these actions is We are issuing this rulemaking under continues to read as follows: required by 14 CFR 91.403(c). For the authority described in ‘‘Subtitle VII, airplanes that have been previously Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. modified, altered, or repaired in the General requirements.’’ Under that § 39.13 [Amended] areas addressed by this proposed AD, section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by adding the operator may not be able to promoting safe flight of civil aircraft in the following new airworthiness accomplish the actions described in the air commerce by prescribing regulations directive (AD): revisions. In this situation, to comply for practices, methods, and procedures with 14 CFR 91.403(c), the operator the Administrator finds necessary for Airbus: Docket No. FAA–2018–0414; Product Identifier 2017–NM–159–AD. must request approval for an alternative safety in air commerce. This regulation method of compliance according to is within the scope of that authority (a) Comments Due Date paragraph (j)(1) of this proposed AD. because it addresses an unsafe condition We must receive comments by July 9, 2018. The request should include a that is likely to exist or develop on (b) Affected ADs description of changes to the required products identified in this rulemaking actions that will ensure the continued action. This AD affects AD 2017–04–05, damage tolerance of the affected This proposed AD is issued in Amendment 39–18800 (82 FR 11134, February 21, 2017) (‘‘AD 2017–04–05’’). structure. accordance with authority delegated by the Executive Director, Aircraft (c) Applicability Difference Between This Proposed AD Certification Service, as authorized by and the MCAI or Service Information This AD applies to all Airbus Model A300 FAA Order 8000.51C. In accordance B2–1A, B2–1C, B2K–3C, B2–203, B4–2C, B4– The MCAI specifies that if there are with that order, issuance of ADs is 103, and B4–203 airplanes, certificated in findings from the airworthiness normally a function of the Compliance any category. limitations section (ALS) inspection and Airworthiness Division, but during (d) Subject tasks, corrective actions must be this transition period, the Executive Air Transport Association (ATA) of accomplished in accordance with Director has delegated the authority to America Code 05, Time Limits/Maintenance Airbus maintenance documentation. issue ADs applicable to transport Checks. However, this proposed AD does not category airplanes to the Director of the include that requirement. Operators of System Oversight Division. (e) Reason U.S.-registered airplanes are required by This AD was prompted by a revision of a general airworthiness and operational Regulatory Findings certain airworthiness limitations item (ALI) regulations to perform maintenance We determined that this proposed AD document, which specifies new or more using methods that are acceptable to the would not have federalism implications restrictive instructions and airworthiness under Executive Order 13132. This limitations. We are issuing this AD to address FAA. We consider those methods to be fatigue cracking, damage, and corrosion in adequate to address any corrective proposed AD would not have a principal structural elements; such fatigue actions necessitated by the findings of substantial direct effect on the States, on cracking, damage, and corrosion could result ALS inspections required by this the relationship between the national in reduced structural integrity of the proposed AD. Government and the States, or on the airplane. distribution of power and (f) Compliance Costs of Compliance responsibilities among the various We estimate that this proposed AD levels of government. Comply with this AD within the affects 6 airplanes of U.S. registry. For the reasons discussed above, I compliance times specified, unless already We estimate the following costs to certify this proposed regulation: done. comply with this proposed AD: 1. Is not a ‘‘significant regulatory (g) Maintenance or Inspection Program We have determined that revising the action’’ under Executive Order 12866; Revision maintenance or inspection program 2. Is not a ‘‘significant rule’’ under the Within 90 days after the effective date of takes an average of 90 work-hours per DOT Regulatory Policies and Procedures this AD, revise the maintenance or inspection operator, although we recognize that (44 FR 11034, February 26, 1979); program, as applicable, to incorporate the

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information specified in Airbus A300 (3) For service information identified in p.m., Monday through Friday, except Airworthiness Limitations Section (ALS), this AD, contact Airbus SAS, Airworthiness Federal holidays. Part 2—Damage Tolerant Airworthiness Office—EAW, 1 Rond Point Maurice For service information identified in Limitation Items (DT–ALI), Revision 03, Bellonte, 31707 Blagnac Cedex, France; dated August 28, 2017. The initial telephone +33 5 61 93 36 96; fax +33 5 61 this NPRM, contact Boeing Commercial compliance times for doing the tasks are at 93 44 51; email account.airworth-eas@ Airplanes, Attention: Contractual & Data the applicable times specified in Airbus airbus.com; internet http://www.airbus.com. Services (C&DS), 2600 Westminster A300 Airworthiness Limitations Section You may view this service information at the Blvd., MC 110–SK57, Seal Beach, CA (ALS), Part 2—Damage Tolerant FAA, Transport Standards Branch, 2200 90740–5600; telephone 562–797–1717; Airworthiness Limitation Items (DT–ALI), South 216th St., Des Moines, WA. For internet https:// Revision 03, dated August 28, 2017, or information on the availability of this www.myboeingfleet.com. You may view within 90 days after the effective date of this material at the FAA, call 206–231–3195. AD, whichever occurs later. this referenced service information at Issued in Des Moines, Washington, on May the FAA, Transport Standards Branch, (h) No Alternative Actions or Intervals 11, 2018. 2200 South 216th St., Des Moines, WA. After accomplishment of the revision Michael Kaszycki, For information on the availability of required by paragraph (g) of this AD, no Acting Director, System Oversight Division, this material at the FAA, call 206–231– alternative actions (e.g., inspections) or Aircraft Certification Service. 3195. It is also available on the internet intervals, may be used unless the actions or [FR Doc. 2018–11140 Filed 5–24–18; 8:45 am] at http://www.regulations.gov by intervals are approved as an alternative searching for and locating Docket No. method of compliance (AMOC) in BILLING CODE 4910–13–P accordance with the procedures specified in FAA–2018–0415. paragraph (j)(1) of this AD. DEPARTMENT OF TRANSPORTATION Examining the AD Docket (i) Terminating Action You may examine the AD docket on Accomplishing the action in paragraph (g) Federal Aviation Administration the internet at http:// of this AD terminates the requirements of AD www.regulations.gov by searching for 2017–04–05. 14 CFR Part 39 and locating Docket No. FAA–2018– (j) Other FAA AD Provisions [Docket No. FAA–2018–0415; Product 0415; or in person at the Docket The following provisions also apply to this Identifier 2017–NM–149–AD] Management Facility between 9 a.m. AD: and 5 p.m., Monday through Friday, RIN 2120–AA64 (1) Alternative Methods of Compliance except Federal holidays. The AD docket (AMOCs): The Manager, International contains this NPRM, the regulatory Section, Transport Standards Branch, FAA, Airworthiness Directives; The Boeing Company Airplanes evaluation, any comments received, and has the authority to approve AMOCs for this other information. The street address for AD, if requested using the procedures found AGENCY: Federal Aviation in 14 CFR 39.19. In accordance with 14 CFR the Docket Office (phone: 800–647– 39.19, send your request to your principal Administration (FAA), DOT. 5527) is in the ADDRESSES section. inspector or local Flight Standards District ACTION: Notice of proposed rulemaking Comments will be available in the AD Office, as appropriate. If sending information (NPRM). docket shortly after receipt. directly to the International Section, send it FOR FURTHER INFORMATION CONTACT: to the attention of the person identified in SUMMARY: We propose to adopt a new paragraph (k)(2) of this AD. Information may airworthiness directive (AD) for all The George Garrido, Aerospace Engineer, be emailed to: 9-ANM-116-AMOC- Boeing Company Model 737–100, –200, Airframe Section, FAA, Los Angeles [email protected]. Before using any –200C, –300, –400, –500 series ACO Branch, 3960 Paramount approved AMOC, notify your appropriate airplanes. This proposed AD was Boulevard, Lakewood, CA 90712–4137; principal inspector, or lacking a principal prompted by the results of a fleet survey phone: 562–627–5232; fax: 562–627– inspector, the manager of the local flight 5210; email: [email protected]. standards district office/certificate holding that revealed cracking in the bulkhead district office. frame web at a certain body station. This SUPPLEMENTARY INFORMATION: proposed AD would require repetitive (2) Contacting the Manufacturer: For any Comments Invited requirement in this AD to obtain corrective inspections of the bulkhead frame web actions from a manufacturer, the action must at a certain station, and repair if We invite you to send any written be accomplished using a method approved necessary. We are proposing this AD to relevant data, views, or arguments about by the Manager, International Section, address the unsafe condition on these this proposal. Send your comments to Transport Standards Branch, FAA; or the products. European Aviation Safety Agency (EASA); or an address listed under the ADDRESSES Airbus’s EASA Design Organization DATES: We must receive comments on section. Include ‘‘Docket No. FAA– Approval (DOA). If approved by the DOA, this proposed AD by July 9, 2018. 2018–0415; Product Identifier 2017– the approval must include the DOA- ADDRESSES: You may send comments, NM–149–AD’’ at the beginning of your authorized signature. using the procedures found in 14 CFR comments. We specifically invite (k) Related Information 11.43 and 11.45, by any of the following comments on the overall regulatory, economic, environmental, and energy (1) Refer to Mandatory Continuing methods: Airworthiness Information (MCAI) EASA AD • Federal eRulemaking Portal: Go to aspects of this NPRM. We will consider 2017–0207, dated October 12, 2017, for http://www.regulations.gov. Follow the all comments received by the closing related information. This MCAI may be instructions for submitting comments. date and may amend this NPRM found in the AD docket on the internet at • Fax: 202–493–2251. because of those comments. http://www.regulations.gov by searching for • Mail: U.S. Department of We will post all comments we and locating Docket No. FAA–2018–0414. Transportation, Docket Operations, M– receive, without change, to http:// (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, 30, West Building Ground Floor, Room www.regulations.gov, including any International Section, Transport Standards W12–140, 1200 New Jersey Avenue SE, personal information you provide. We Branch, FAA, 2200 South 216th St., Des Washington, DC 20590. will also post a report summarizing each Moines, WA 98198; telephone and fax 206– • Hand Delivery: Deliver to Mail substantive verbal contact we receive 231–3225. address above between 9 a.m. and 5 about this proposed AD.

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Discussion RB, dated October 12, 2017. The service and locating Docket No. FAA–2018– We have received a report indicating information describes procedures for 0415. repetitive high frequency eddy current that the results of a fleet survey revealed Explanation of Requirements Bulletin cracking in the bulkhead frame web at inspections and low frequency eddy a certain body station. Boeing performed current inspections and repair of the The FAA worked in conjunction with a fleet survey on retired Model 737–300 STA 259.5 bulkhead frame web from the industry, under the Airworthiness airplanes and inspected the upper first stiffener above stringers S–10 to S– Directives Implementation Aviation 13, on the left and right sides of the bulkhead frame at station (STA) 259.5. Rulemaking Committee (AD ARC), to airplane. This service information is One airplane had two cracks in the enhance the AD system. One reasonably available because the bulkhead frame web at fasteners enhancement is a process for annotating interested parties have access to it connecting the bulkhead frame web to which steps in the service information the outer chord between stringers S–11 through their normal course of business or by the means identified in the are ‘‘required for compliance’’ (RC) with and S–12 on the right side of the an AD. Boeing has implemented this RC airplane. The cracks measured 0.45 inch ADDRESSES section. concept into Boeing service bulletins. and 1.7 inches in length, and the FAA’s Determination airplane had accomplished 73,655 total In an effort to further improve the flight cycles at the time of inspection. A We are proposing this AD because we quality of ADs and AD-related Boeing second airplane, which had evaluated all the relevant information service information, a joint process accomplished 73,290 total flight cycles and determined the unsafe condition improvement initiative was worked at the time of inspection, had two cracks described previously is likely to exist or between the FAA and Boeing. The in the right side bulkhead frame web develop in other products of the same initiative resulted in the development of measuring 1.772 inches and 0.219 inch type design. a new process in which the service in length, and one crack in the left side information more clearly identifies the Proposed AD Requirements bulkhead frame web measuring 1.64 actions needed to address the unsafe inches. Cracks have been reported on a This proposed AD would require condition in the ‘‘Accomplishment total of five airplanes that had accomplishment of the actions Instructions.’’ The new process results accomplished 60,640 to 73,655 total identified in the Boeing Alert in a Boeing Requirements Bulletin, flight cycles. The cracks are a result of Requirements Bulletin 737–53A1369 which contains only the actions needed fatigue caused by cyclic pressurization RB, dated October 12, 2017, described to address the unsafe condition (i.e., of the fuselage. This condition, if not previously, except for any differences only the RC actions). corrected, could result in reduced identified as exceptions in the structural integrity of the airplane. Costs of Compliance regulatory text of this proposed AD. Related Service Information Under 1 For information on the procedures We estimate that this proposed AD CFR Part 51 and compliance times, see this service affects 411 airplanes of U.S. registry. We We reviewed Boeing Alert information at http:// estimate the following costs to comply Requirements Bulletin 737–53A1369 www.regulations.gov by searching for with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Inspections ...... 57 work-hours × $85 per hour = $0 $4,845 per inspection cycle ...... $1,991,295 per inspection cycle. $4,845 per inspection cycle.

We have received no definitive data the Administrator finds necessary for Regulatory Findings that would enable us to provide cost safety in air commerce. This regulation We determined that this proposed AD estimates for the on-condition actions is within the scope of that authority would not have federalism implications specified in this proposed AD. because it addresses an unsafe condition under Executive Order 13132. This Authority for This Rulemaking that is likely to exist or develop on proposed AD would not have a products identified in this rulemaking substantial direct effect on the States, on Title 49 of the United States Code action. specifies the FAA’s authority to issue the relationship between the national rules on aviation safety. Subtitle I, This proposed AD is issued in Government and the States, or on the section 106, describes the authority of accordance with authority delegated by distribution of power and the FAA Administrator. Subtitle VII: the Executive Director, Aircraft responsibilities among the various Aviation Programs, describes in more Certification Service, as authorized by levels of government. detail the scope of the Agency’s FAA Order 8000.51C. In accordance For the reasons discussed above, I authority. with that order, issuance of ADs is certify this proposed regulation: We are issuing this rulemaking under normally a function of the Compliance (1) Is not a ‘‘significant regulatory the authority described in Subtitle VII, and Airworthiness Division, but during action’’ under Executive Order 12866, Part A, Subpart III, Section 44701: this transition period, the Executive (2) Is not a ‘‘significant rule’’ under ‘‘General requirements.’’ Under that Director has delegated the authority to the DOT Regulatory Policies and section, Congress charges the FAA with issue ADs applicable to transport Procedures (44 FR 11034, February 26, promoting safe flight of civil aircraft in category airplanes to the Director of the 1979), air commerce by prescribing regulations System Oversight Division. (3) Will not affect intrastate aviation for practices, methods, and procedures in Alaska, and

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(4) Will not have a significant Note 1 to paragraph (g) of this AD: Issued in Des Moines, Washington, on May economic impact, positive or negative, Guidance for accomplishing the actions 11, 2018. on a substantial number of small entities required by this AD is included in Boeing Michael Kaszycki, Alert Service Bulletin 737–53A1369, dated Acting Director, System Oversight Division, under the criteria of the Regulatory October 12, 2017, which is referred to in Aircraft Certification Service. Flexibility Act. Boeing Alert Requirements Bulletin 737– [FR Doc. 2018–11269 Filed 5–24–18; 8:45 am] List of Subjects in 14 CFR Part 39 53A1369 RB, dated October 12, 2017. BILLING CODE 4910–13–P Air transportation, Aircraft, Aviation (h) Exceptions to Service Information safety, Incorporation by reference, Specifications Safety. (1) For purposes of determining DEPARTMENT OF TRANSPORTATION compliance with the requirements of this AD: The Proposed Amendment Where Boeing Alert Requirements Bulletin Federal Aviation Administration 737–53A1369 RB, dated October 12, 2017, Accordingly, under the authority uses the phrase ‘‘the original issue date of 14 CFR Part 39 delegated to me by the Administrator, Requirements Bulletin 737–53A1369,’’ this the FAA proposes to amend 14 CFR part AD requires using the effective date of this [Docket No. FAA–2018–0417; Product 39 as follows: AD. Identifier 2017–NM–132–AD] (2) Where Boeing Alert Requirements PART 39—AIRWORTHINESS Bulletin 737–53A1369 RB, dated October 12, RIN 2120–AA64 DIRECTIVES 2017, specifies contacting Boeing, this AD requires repair using a method approved in Airworthiness Directives; Airbus Airplanes ■ 1. The authority citation for part 39 accordance with the procedures specified in paragraph (i) of this AD. continues to read as follows: AGENCY: Federal Aviation (i) Alternative Methods of Compliance Authority: 49 U.S.C. 106(g), 40113, 44701. Administration (FAA), DOT. (AMOCs) ACTION: Notice of proposed rulemaking § 39.13 [Amended] (1) The Manager, Los Angeles ACO Branch, (NPRM). ■ 2. The FAA amends § 39.13 by adding FAA, has the authority to approve AMOCs for this AD, if requested using the procedures the following new airworthiness SUMMARY: We propose to supersede found in 14 CFR 39.19. In accordance with Airworthiness Directive (AD) 2016–25– directive (AD): 14 CFR 39.19, send your request to your 03, which applies to certain Airbus The Boeing Company: Docket No. FAA– principal inspector or local Flight Standards 2018–0415; Product Identifier 2017– District Office, as appropriate. If sending Model A300 F4–600R series airplanes. NM–149–AD. information directly to the manager of the AD 2016–25–03 requires repetitive high certification office, send it to the attention of frequency eddy current (HFEC) (a) Comments Due Date the person identified in paragraph (j)(1) of inspections of the aft lower deck cargo We must receive comments by July 9, 2018. this AD. Information may be emailed to: 9- door (LDCD) frame forks; a one-time [email protected]. (b) Affected ADs check of the LDCD clearances; and a (2) Before using any approved AMOC, one-time detailed visual inspection of None. notify your appropriate principal inspector, or lacking a principal inspector, the manager hooks, eccentric bushes, and x-stops; (c) Applicability of the local flight standards district office/ and corrective actions if necessary. This AD applies to all The Boeing certificate holding district office. Since we issued AD 2016–25–03, we Company Model 737–100, –200, –200C, (3) An AMOC that provides an acceptable have determined that accomplishing a –300, –400, and –500 series airplanes, level of safety may be used for any repair, new frame fork repair or reinforcement certificated in any category. modification, or alteration required by this would allow an extension of the AD if it is approved by the Boeing (d) Subject repetitive inspection intervals as would Commercial Airplanes Organization a frame fork replacement. This proposed Air Transport Association (ATA) of Designation Authorization (ODA) that has America Code 53; Fuselage. been authorized by the Manager, Los Angeles AD would retain the actions required by ACO Branch, to make those findings. To be AD 2016–25–03, with revised corrective (e) Unsafe Condition approved, the repair method, modification actions and compliance times. We are This AD was prompted by the results of a deviation, or alteration deviation must meet proposing this AD to address the unsafe fleet survey that revealed cracking in the the certification basis of the airplane, and the condition on these products. bulkhead frame web at a certain body station. approval must specifically refer to this AD. DATES: We are issuing this AD to detect and correct We must receive comments on cracking in the station 259.5 bulkhead frame (j) Related Information this proposed AD by July 9, 2018. web from the first stiffener above stringers S– (1) For more information about this AD, ADDRESSES: You may send comments, 10 to S–13. Such cracking could result in contact George Garrido, Aerospace Engineer, using the procedures found in 14 CFR reduced structural integrity of the airplane. Airframe Section, FAA, Los Angeles ACO 11.43 and 11.45, by any of the following Branch, 3960 Paramount Boulevard, (f) Compliance methods: Lakewood, CA 90712–4137; phone: 562–627– • Federal eRulemaking Portal: Go to Comply with this AD within the 5232; fax: 562–627–5210; email: compliance times specified, unless already [email protected]. http://www.regulations.gov. Follow the done. (2) For service information identified in instructions for submitting comments. this AD, contact Boeing Commercial • Fax: 202–493–2251. (g) Required Actions Airplanes, Attention: Contractual & Data • Mail: U.S. Department of Except as required by paragraph (h) of this Services (C&DS), 2600 Westminster Blvd., Transportation, Docket Operations, M– AD: At the applicable times specified in the MC 110–SK57, Seal Beach, CA 90740–5600; 30, West Building Ground Floor, Room ‘‘Compliance’’ paragraph of Boeing Alert telephone 562–797–1717; internet https:// W12–140, 1200 New Jersey Avenue SE, Requirements Bulletin 737–53A1369 RB, www.myboeingfleet.com. You may view this Washington, DC 20590. dated October 12, 2017, do all applicable referenced service information at the FAA, • actions identified in, and in accordance with, Transport Standards Branch, 2200 South Hand Delivery: Deliver to Mail the Accomplishment Instructions of Boeing 216th St., Des Moines, WA. For information address above between 9 a.m. and 5 Alert Requirements Bulletin 737–53A1369 on the availability of this material at the p.m., Monday through Friday, except RB, dated October 12, 2017. FAA, call 206–231–3195. Federal holidays.

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For service information identified in the aft LDCD frame forks; a one-time inspection interval extended from 600 flight this NPRM, contact Airbus SAS, check of the LDCD clearances; and a cycles (FC) to 1,200 FC. Airworthiness Office—EAW, 1 Rond one-time detailed visual inspection of For the reason described above, this Point Maurice Bellonte, 31707 Blagnac hooks, eccentric bushes, and x-stops; [EASA] AD is revised to introduce frame Cedex, France; telephone +33 5 61 93 36 forks replacement or repair [or and corrective actions if necessary. AD reinforcement] as an allowance to extend the 96; fax +33 5 61 93 44 51; email 2016–25–03 resulted from a report of inspection interval. [email protected]; two adjacent frame forks that were internet http://www.airbus.com. You found cracked on the aft LDCD of two Required actions include repetitive may view this referenced service Model A300–600F4 airplanes during HFEC inspections of the aft LDCD frame information at the FAA, Transport scheduled maintenance. We issued AD forks and repair, reinforcement, or Standards Branch, 2200 South 216th St., 2016–25–03 to detect and correct replacement if necessary; a one-time Des Moines, WA. For information on the cracked or ruptured aft LDCD frames, check of the LDCD clearances and availability of this material at the FAA, which could allow loads to be adjustment if necessary; and a one-time call 206–231–3195. transferred to the remaining structural detailed visual inspection of hooks, eccentric bushes, and x-stops for wear, Examining the AD Docket elements. This condition could lead to the rupture of one or more vertical aft and corrective actions if necessary. You may examine the AD docket on LDCD frames, which could result in Corrective actions include blend-out, the internet at http:// reduced structural integrity of the aft adjustment, and replacement of hooks, www.regulations.gov by searching for LDCD. bushes and x-stops. You may examine and locating Docket No. FAA–2018– the MCAI in the AD docket on the 0417; or in person at the Docket Actions Since AD 2016–25–03 Was internet at http://www.regulations.gov Management Facility between 9 a.m. Issued by searching for and locating Docket No. and 5 p.m., Monday through Friday, Since we issued AD 2016–25–03, we FAA–2018–0417. except Federal holidays. The AD docket have determined that accomplishing a Related Service Information Under 1 contains this NPRM, the regulatory new frame fork repair or reinforcement CFR Part 51 evaluation, any comments received, and would allow an extension of the Airbus has issued the following other information. The street address for repetitive inspection intervals as would service information: the Docket Operations office (telephone the existing frame fork replacement. ADDRESSES • Alert Operators Transmission— 800–647–5527) is in the The European Aviation Safety Agency section. Comments will be available in AOT A52W011–15, Revision 00, dated (EASA), which is the Technical Agent the AD docket shortly after receipt. July 23, 2015, which describes for the Member States of the European FOR FURTHER INFORMATION CONTACT: Dan procedures for a check of the aft LDCD Union, has issued EASA Airworthiness clearances ‘‘U’’ and ‘‘V’’ between the Rodina, Aerospace Engineer, Directive 2015–0152R1, dated May 23, International Section, Transport latching hooks and the eccentric bush at 2017 (referred to after this as the frame (FR)60 through FR64A and an Standards Branch, FAA, 2200 South Mandatory Continuing Airworthiness 216th St., Des Moines, WA 98198; adjustment of the latching hook; a Information, or ‘‘the MCAI’’), to correct detailed inspection to detect signs of telephone and fax 206–231–3225. an unsafe condition for certain Airbus SUPPLEMENTARY INFORMATION: wear of the hooks, eccentric bushes, and Model A300 F4–600R series airplanes. x-stops and corrective actions; and an Comments Invited The MCAI states: HFEC inspection to detect cracking at We invite you to send any written During scheduled maintenance at frames all frame fork stations of the aft LDCD relevant data, views, or arguments about (FR) 61 and FR61A on the aft lower deck and a replacement of the frame fork. this proposal. Send your comments to cargo door (LDCD) of two A300–600F4 • Service Bulletin A300–52–6085, aeroplanes, two adjacent frame forks were an address listed under the ADDRESSES Revision 00, dated December 22, 2016. found cracked. Subsequent analysis This service information describes section. Include ‘‘Docket No. FAA– determined that, in case of cracked or 2018–0417; Product Identifier 2017– ruptured aft cargo door frame(s), loads will procedures for reinforcing frame fork NM–132–AD’’ at the beginning of your be transferred to the remaining structural fastener holes, which include related comments. We specifically invite elements. However, these secondary load investigative and corrective actions. The comments on the overall regulatory, paths will be able to sustain the loads for a related investigative actions include a economic, environmental, and energy limited number of flight cycles only. rotating probe inspection for cracking of aspects of this proposed AD. We will This condition, if not detected and the fastener holes and a check to consider all comments received by the corrected, could lead to the rupture of one or determine the hole diameter. Corrective more vertical aft cargo door frame(s), actions include repair and cold working closing date and may amend this resulting in reduced structural integrity of proposed AD based on those comments. the fastener holes. the aft cargo door. • Service Bulletin A300–52–6086, We will post all comments we To address this unsafe condition, Airbus receive, without change, to http:// issued Alert Operators Transmission (AOT) Revision 00, dated December 25, 2016, www.regulations.gov, including any A52W011–15 to provide inspection which describes procedures for a check personal information you provide. We instructions, and, consequently, EASA issued of the aft LDCD clearances ‘‘U’’ and ‘‘V’’ will also post a report summarizing each AD 2015–0152 [which corresponds to FAA between the latching hooks and the substantive verbal contact we receive AD 2016–25–03] to require repetitive eccentric bush at FR60 through FR64A about this proposed AD. inspections of the aft LDCD frame forks and, and an adjustment of the latching hook; depending on findings, the accomplishment and HFEC inspection to detect cracking Discussion of applicable corrective action(s). at all frame fork stations of the aft LDCD We issued AD 2016–25–03, Since that AD was issued, Airbus and a repair of the frame fork. published Service Bulletin (SB) SB A300–52– Amendment 39–18729 (81 FR 93801, 6085 which provides frame fork This service information is reasonably December 22, 2016) (‘‘AD 2016–25– reinforcement instruction and SB A300–52– available because the interested parties 03’’), for certain Airbus Model A300 F4– 6086 which provides instruction to inspect have access to it through their normal 600R series airplanes. AD 2016–25–03 the cargo door for cracks as well as frame fork course of business or by the means requires repetitive HFEC inspections of replacement instructions having the identified in the ADDRESSES section.

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FAA’s Determination and Requirements Design Authority, we have been notified develop on other products of the same of This Proposed AD of the unsafe condition described in the type design. MCAI and service information Costs of Compliance This product has been approved by referenced above. We are proposing this the aviation authority of another AD because we evaluated all pertinent We estimate that this proposed AD country, and is approved for operation information and determined an unsafe affects 58 airplanes of U.S. registry. We in the United States. Pursuant to our condition exists and is likely to exist or estimate the following costs to comply bilateral agreement with the State of with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

17 work-hours × $85 per hour = $1,445 ...... $0 $1,445 $83,810

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

Up to 65 work-hours × $85 per hour = $5,525 ...... $10,000 $15,525

Authority for This Rulemaking Regulatory Findings PART 39—AIRWORTHINESS DIRECTIVES Title 49 of the United States Code We determined that this proposed AD specifies the FAA’s authority to issue would not have federalism implications ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, under Executive Order 13132. This continues to read as follows: section 106, describes the authority of proposed AD would not have a Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. ‘‘Subtitle VII: substantial direct effect on the States, on Aviation Programs,’’ describes in more the relationship between the national § 39.13 [Amended] detail the scope of the Agency’s Government and the States, or on the ■ 2. The FAA amends § 39.13 by authority. distribution of power and removing Airworthiness Directive (AD) 2016–25–03, Amendment 39–18729 (81 We are issuing this rulemaking under responsibilities among the various levels of government. FR 93801, December 22, 2016), and the authority described in ‘‘Subtitle VII, adding the following new AD: Part A, Subpart III, Section 44701: For the reasons discussed above, I General requirements.’’ Under that certify this proposed regulation: Airbus: Docket No. FAA–2018–0417; Product Identifier 2017–NM–132–AD. section, Congress charges the FAA with 1. Is not a ‘‘significant regulatory promoting safe flight of civil aircraft in action’’ under Executive Order 12866, (a) Comments Due Date air commerce by prescribing regulations We must receive comments by July 9, 2018. 2. Is not a ‘‘significant rule’’ under the for practices, methods, and procedures DOT Regulatory Policies and Procedures (b) Affected ADs the Administrator finds necessary for (44 FR 11034, February 26, 1979), This AD replaces AD 2016–25–03, safety in air commerce. This regulation Amendment 39–18729 (81 FR 93801, is within the scope of that authority 3. Will not affect intrastate aviation in December 22, 2016) (‘‘AD 2016–25–03’’). because it addresses an unsafe condition Alaska, and (c) Applicability that is likely to exist or develop on 4. Will not have a significant products identified in this rulemaking This AD applies to Airbus Model A300 F4– economic impact, positive or negative, 605R and A300 F4–622R airplanes, action. on a substantial number of small entities certificated in any category, on which Airbus This proposed AD is issued in under the criteria of the Regulatory modification 12046 has been embodied in accordance with authority delegated by Flexibility Act. production. Modification 12046 has been the Executive Director, Aircraft embodied in production on manufacturer List of Subjects in 14 CFR Part 39 serial numbers (MSNs) 0805 and above, Certification Service, as authorized by except MSNs 0836, 0837, and 0838. FAA Order 8000.51C. In accordance Air transportation, Aircraft, Aviation with that order, issuance of ADs is safety, Incorporation by reference, (d) Subject normally a function of the Compliance Safety. Air Transport Association (ATA) of and Airworthiness Division, but during America Code 52, Doors. The Proposed Amendment this transition period, the Executive (e) Reason Director has delegated the authority to Accordingly, under the authority This AD was prompted by a report of two issue ADs applicable to transport delegated to me by the Administrator, adjacent frame forks that were found cracked category airplanes to the Director of the the FAA proposes to amend 14 CFR part on the aft lower deck cargo door (LDCD) of System Oversight Division. two airplanes during scheduled maintenance, 39 as follows: and the introduction of frame fork

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reinforcement or repair procedures that, high frequency eddy current (HFEC) do all applicable corrective actions before when done, allow an extension of repetitive inspection specified in paragraph (g)(3) of further flight, in accordance with the inspection intervals. We are issuing this AD this AD thereafter at intervals not to exceed instructions of Airbus Alert Operators to address cracked or ruptured aft LDCD the applicable times specified in table 1 to Transmission—AOT A52W011–15, Revision frames, which could allow loads to be paragraph (g) of this AD. 00, dated July 23, 2015. transferred to the remaining structural (1) A one-time check of the aft LDCD (3) An HFEC inspection to detect cracking elements. This condition could lead to the clearances ‘‘U’’ and ‘‘V’’ between the latching at all frame fork stations of the aft LDCD, in rupture of one or more vertical aft LDCD hooks and the eccentric bush at FR60 accordance with the instructions of Airbus frames, which could result in reduced through FR64A, in accordance with the Alert Operators Transmission—AOT structural integrity of the aft LDCD. instructions of Airbus Alert Operators A52W011–15, Revision 00, dated July 23, Transmission—AOT A52W011–15, Revision 2015; or the Accomplishment Instructions of (f) Compliance 00, dated July 23, 2015; or the Airbus Service Bulletin A300–52–6086, Comply with this AD within the Accomplishment Instructions of Airbus Revision 00, dated December 25, 2016. If any compliance times specified, unless already Service Bulletin A300–52–6086, Revision 00, crack is found, before further flight, replace done. dated December 25, 2016. If any value the cracked frame fork, in accordance with outside tolerance is found, adjust the latching the instructions of Airbus Alert Operators (g) Retained Inspection Requirements and hook before further flight, in accordance with Transmission—AOT A52W011–15, Revision On-Condition Actions, With Revised the instructions of Airbus Alert Operators 00, dated July 23, 2015; repair the cracked Compliance Times and New Service Transmission—AOT A52W011–15, Revision frame fork, in accordance with the Information 00, dated July 23, 2015; or the Accomplishment Instructions of Airbus This paragraph restates the requirements of Accomplishment Instructions of Airbus Service Bulletin A300–52–6086, Revision 00, paragraph (g) of AD 2016–25–03, with Service Bulletin A300–52–6086, Revision 00, dated December 25, 2016; or reinforce the revised compliance times and new service dated December 25, 2016. cracked frame fork, including doing all information. At the applicable time specified (2) A one-time detailed inspection to detect applicable related investigative and in paragraph (h) of this AD, or before signs of wear of the hooks, eccentric bushes, corrective actions, in accordance with the exceeding the threshold defined in table 1 to and x-stops, in accordance with the Accomplishment Instructions of Airbus paragraph (g) of this AD, whichever occurs instructions of Airbus Alert Operators Service Bulletin A300–52–6085, Revision 00, later: Do the actions specified in paragraphs Transmission—AOT A52W011–15, Revision dated December 22, 2016, except as required (g)(1), (g)(2), and (g)(3) of this AD. Repeat the 00, dated July 23, 2015. If any wear is found, by paragraph (i) of this AD.

(h) Retained Compliance Times, With No (i) Service Information Exception (k) Compliance Time Clarification Changes Where Airbus Service Bulletin A300–52– After replacement, repair, or reinforcement At the later of the times specified in 6085, Revision 00, dated December 22, 2016, of any frame fork on the aft LDCD of an paragraphs (h)(1) and (h)(2) of this AD, do the specifies to contact Airbus for appropriate airplane, as specified in paragraph (g)(3) of actions required by paragraph (g) of this AD. action: Before further flight, accomplish this AD, the next HFEC inspection as (1) Before the accumulation of 4,500 total corrective actions in accordance with the required by paragraph (g)(3) of this AD can flight cycles. procedures specified in paragraph (m)(2) of be deferred for any frame fork that is (2) At the applicable time specified by this AD. replaced, repaired, or reinforced, but must be paragraph (h)(2)(i) or (h)(2)(ii) of this AD. accomplished before exceeding 6,800 flight (j) No Terminating Action (i) For airplanes that have accumulated cycles after the replacement, repair, or 8,000 or more total flight cycles as of January Accomplishment of corrective actions on reinforcement of that frame fork. 26, 2017 (the effective date of AD 2016–25– an airplane as required by paragraph (g)(1) or 03): Within 100 flight cycles after January 26, (g)(2) of this AD, or repair, reinforcement, or (l) No Reporting 2017. replacement of a frame fork as required by Although the Accomplishment Instructions (ii) For airplanes that have accumulated paragraph (g)(3) of this AD, on the aft LDCD of Airbus Alert Operators Transmission— fewer than 8,000 total flight cycles as of of an airplane does not constitute terminating AOT A52W011–15, Revision 00, dated July January 26, 2017 (the effective date of AD action for the repetitive HFEC inspections 23, 2015; and Airbus Service Bulletin A300– 2016–25–03): Within 400 flight cycles after required by paragraph (g)(3) of this AD for 52–6086, Revision 00, dated December 25, January 26, 2017. that airplane. 2016, specify to submit certain information to

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the manufacturer, this AD does not include South 216th St., Des Moines, WA. For [email protected]; that requirement. information on the availability of this internet http://www.bombardier.com. material at the FAA, call 206–231–3195. (m) Other FAA AD Provisions You may view this service information (1) Alternative Methods of Compliance Issued in Des Moines, Washington, on May at the FAA, Transport Standards (AMOCs): The Manager, International 11, 2018. Branch, 2200 South 216th St., Des Section, Transport Standards Branch, FAA, Michael Kaszycki, Moines, WA. For information on the has the authority to approve AMOCs for this Acting Director, System Oversight Division, availability of this material at the FAA, AD, if requested using the procedures found Aircraft Certification Service. call 206–231–3195. in 14 CFR 39.19. In accordance with 14 CFR [FR Doc. 2018–11134 Filed 5–24–18; 8:45 am] 39.19, send your request to your principal Examining the AD Docket BILLING CODE 4910–13–P inspector or local Flight Standards District You may examine the AD docket on Office, as appropriate. If sending information the internet at http:// directly to the International Section, send it www.regulations.gov by searching for to the attention of the person identified in DEPARTMENT OF TRANSPORTATION paragraph (n)(2) of this AD. Information may and locating Docket No. FAA–2018– be emailed to: 9-ANM-116-AMOC- Federal Aviation Administration 0449; or in person at the Docket [email protected]. Before using any Management Facility between 9 a.m. approved AMOC, notify your appropriate 14 CFR Part 39 and 5 p.m., Monday through Friday, principal inspector, or lacking a principal [Docket No. FAA–2018–0449; Product except Federal holidays. The AD docket inspector, the manager of the local flight Identifier 2018–NM–042–AD] contains this NPRM, the regulatory standards district office/certificate holding evaluation, any comments received, and district office. RIN 2120–AA64 other information. The street address for (2) Contacting the Manufacturer: As of the the Docket Operations office (telephone effective date of this AD, for any requirement Airworthiness Directives; Bombardier, 800–647–5527) is in the ADDRESSES in this AD to obtain corrective actions from Inc., Airplanes a manufacturer, the action must be section. Comments will be available in accomplished using a method approved by AGENCY: Federal Aviation the AD docket shortly after receipt. the Manager, International Section, Transport Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: John Standards Branch, FAA; or the European ACTION: Notice of proposed rulemaking P. DeLuca, Aerospace Engineer, Aviation Safety Agency (EASA); or Airbus’s (NPRM). Avionics and Administrative Services EASA Design Organization Approval (DOA). Section, FAA, New York ACO Branch, If approved by the DOA, the approval must SUMMARY: We propose to adopt a new 1600 Stewart Avenue, Suite 410, include the DOA-authorized signature. airworthiness directive (AD) for certain (3) Required for Compliance (RC): Except Westbury, NY 11590; telephone 516– as required by paragraph (i) and paragraph (l) Bombardier, Inc., Model DHC–8–400 228–7369; fax 516–794–5531; email 9- of this AD: If any service information series airplanes. This proposed AD was [email protected]. prompted by a report of uncommanded contains procedures or tests that are SUPPLEMENTARY INFORMATION: identified as RC, those procedures and tests deployment of the ground spoilers when must be done to comply with this AD; any the power levers were advanced for Comments Invited procedures or tests that are not identified as takeoff, which was caused by faulty We invite you to send any written RC are recommended. Those procedures and switches in the power lever module. tests that are not identified as RC may be relevant data, views, or arguments about This proposed AD would require this proposal. Send your comments to deviated from using accepted methods in revising the maintenance or inspection accordance with the operator’s maintenance an address listed under the ADDRESSES or inspection program without obtaining program, as applicable. We are section. Include ‘‘Docket No. FAA– approval of an AMOC, provided the proposing this AD to address the unsafe 2018–0449; Product Identifier 2018– procedures and tests identified as RC can be condition on these products. NM–042–AD’’ at the beginning of your done and the airplane can be put back in an DATES: We must receive comments on comments. We specifically invite airworthy condition. Any substitutions or this proposed AD by July 9, 2018. comments on the overall regulatory, changes to procedures or tests identified as ADDRESSES: You may send comments, RC require approval of an AMOC. economic, environmental, and energy using the procedures found in 14 CFR aspects of this NPRM. We will consider (n) Related Information 11.43 and 11.45, by any of the following all comments received by the closing (1) Refer to Mandatory Continuing methods: date and may amend this NPRM based Airworthiness Information (MCAI) EASA AD • Federal eRulemaking Portal: Go to on those comments. 2015–0152R1, dated May 23, 2017, for http://www.regulations.gov. Follow the We will post all comments we related information. This MCAI may be instructions for submitting comments. receive, without change, to http:// found in the AD docket on the internet at • Fax: 202–493–2251. www.regulations.gov, including any http://www.regulations.gov by searching for • Mail: U.S. Department of and locating Docket No. FAA–2018–0417. personal information you provide. We (2) For more information about this AD, Transportation, Docket Operations, M– will also post a report summarizing each contact Dan Rodina, Aerospace Engineer, 30, West Building Ground Floor, Room substantive verbal contact we receive International Section, Transport Standards W12–140, 1200 New Jersey Avenue SE, about this NPRM. Branch, FAA, 2200 South 216th St., Des Washington, DC 20590. Discussion Moines, WA 98198; telephone and fax 206– • Hand Delivery: Deliver to Mail 231–3225. address above between 9 a.m. and 5 Transport Canada Civil Aviation (3) For service information identified in p.m., Monday through Friday, except (TCCA), which is the aviation authority this AD, contact Airbus SAS, Airworthiness Federal holidays. for Canada, has issued Canadian Office—EAW, 1 Rond Point Maurice For service information identified in Airworthiness Directive CF–2017–35, Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 this NPRM, contact Bombardier, Inc., dated November 29, 2017 (referred to 93 44 51; email account.airworth-eas@ Q-Series Technical Help Desk, 123 after this as the Mandatory Continuing airbus.com; internet http://www.airbus.com. Garratt Boulevard, Toronto, Ontario Airworthiness Information, or ‘‘the You may view this service information at the M3K 1Y5, Canada; telephone 416–375– MCAI’’), to correct an unsafe condition FAA, Transport Standards Branch, 2200 4000; fax 416–375–4539; email for certain Bombardier, Inc., Model

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DHC–8–400 series airplanes. The MCAI this number may vary from operator to 3. Will not affect intrastate aviation in states: operator. In the past, we have estimated Alaska; and There has been an incident of that this action takes 1 work-hour per 4. Will not have a significant uncommanded deployment of the ground airplane. Since operators incorporate economic impact, positive or negative, spoilers when the power levers were maintenance or inspection program on a substantial number of small entities advanced for take-off. The warning horn changes for their affected fleet(s), we under the criteria of the Regulatory sounded and the pilot rejected the take-off. have determined that a per-operator Flexibility Act. The subsequent investigation determined the estimate is more accurate than a per- List of Subjects in 14 CFR Part 39 root cause of the spoiler deployment was airplane estimate. Therefore, we faulty switches in the power lever module. estimate the total cost per operator to be Air transportation, Aircraft, Aviation An uncommanded deployment of the ground × safety, Incorporation by reference, spoilers may lead to a runway excursion. $7,650 (90 work-hours $85 per work- This [Canadian] AD mandates the hour). Safety. incorporation of a new Certification The Proposed Amendment Maintenance Requirement (CMR) task to Authority for This Rulemaking check the ground spoiler switches in the Title 49 of the United States Code Accordingly, under the authority power lever module. specifies the FAA’s authority to issue delegated to me by the Administrator, Required actions include revising the rules on aviation safety. Subtitle I, the FAA proposes to amend 14 CFR part maintenance or inspection program, as section 106, describes the authority of 39 as follows: the FAA Administrator. Subtitle VII: applicable. You may examine the MCAI PART 39—AIRWORTHINESS Aviation Programs, describes in more in the AD docket on the internet at DIRECTIVES http://www.regulations.gov by searching detail the scope of the Agency’s for and locating Docket No. FAA–2018– authority. ■ 1. The authority citation for part 39 0449. We are issuing this rulemaking under continues to read as follows: the authority described in Subtitle VII, Related Service Information Under 1 Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. CFR Part 51 ‘‘General requirements.’’ Under that § 39.13 [Amended] Bombardier has issued Q400 Dash 8 section, Congress charges the FAA with ■ 2. The FAA amends § 39.13 by adding (Bombardier) Temporary Revision ALI– promoting safe flight of civil aircraft in the following new airworthiness 0173, dated March 14, 2017, to Section air commerce by prescribing regulations directive (AD): 1–27, Certification Maintenance for practices, methods, and procedures Requirements of the Maintenance the Administrator finds necessary for Bombardier, Inc.: Docket No. FAA–2018– 0449; Product Identifier 2018–NM–042– Requirements Manual (MRM) Part 2, of safety in air commerce. This regulation AD. Product Support Manual (PSM) 1–84–7. is within the scope of that authority This service information describes CMR because it addresses an unsafe condition (a) Comments Due Date Task 276000–110, ‘‘Operational Check that is likely to exist or develop on We must receive comments by July 9, 2018. of the Ground Spoiler Switches in the products identified in this rulemaking (b) Affected ADs Power Lever Module.’’ This service action. information is reasonably available This proposed AD is issued in None. because the interested parties have accordance with authority delegated by (c) Applicability access to it through their normal course the Executive Director, Aircraft This AD applies to Bombardier, Inc., of business or by the means identified Certification Service, as authorized by Model DHC–8–400, –401, and –402 in the ADDRESSES section. FAA Order 8000.51C. In accordance airplanes, certificated in any category, serial with that order, issuance of ADs is numbers 4001 and subsequent. FAA’s Determination and Requirements normally a function of the Compliance (d) Subject of This Proposed AD and Airworthiness Division, but during This product has been approved by Air Transport Association (ATA) of this transition period, the Executive America Code 27, Flight controls. the aviation authority of another Director has delegated the authority to country, and is approved for operation issue ADs applicable to transport (e) Reason in the United States. Pursuant to our category airplanes to the Director of the This AD was prompted by a report of bilateral agreement with the State of System Oversight Division. uncommanded deployment of the ground Design Authority, we have been notified spoilers when the power levers were of the unsafe condition described in the Regulatory Findings advanced for takeoff, which was caused by MCAI and service information We determined that this proposed AD faulty switches in the power lever module. referenced above. We are proposing this would not have federalism implications We are issuing this AD to address faulty under Executive Order 13132. This switches in the power lever module, which AD because we evaluated all pertinent could result in uncommanded deployment of information and determined an unsafe proposed AD would not have a the ground spoilers and a possible runway condition exists and is likely to exist or substantial direct effect on the States, on excursion. develop on other products of the same the relationship between the national type design. Government and the States, or on the (f) Compliance distribution of power and Comply with this AD within the Costs of Compliance responsibilities among the various compliance times specified, unless already We estimate that this proposed AD levels of government. done. affects 86 airplanes of U.S. registry. For the reasons discussed above, I (g) Revision of Maintenance or Inspection We estimate the following costs to certify this proposed regulation: Program comply with this proposed AD: 1. Is not a ‘‘significant regulatory Within 30 days after the effective date of We have determined that revising the action’’ under Executive Order 12866; this AD: Revise the maintenance or maintenance or inspection program 2. Is not a ‘‘significant rule’’ under the inspection program, as applicable, to takes an average of 90 work-hours per DOT Regulatory Policies and Procedures incorporate the information specified in operator, although we recognize that (44 FR 11034, February 26, 1979); Certification Maintenance Requirements

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(CMR) Task 276000–110 of Q400 Dash 8 Technical Help Desk, 123 Garratt Boulevard, or those submitted after the comment (Bombardier) Temporary Revision ALI–0173, Toronto, Ontario M3K 1Y5, Canada; period. To ensure that we do not receive dated March 14, 2017, to Section 1–27, telephone 416–375–4000; fax 416–375–4539; duplicate copies, please submit your Certification Maintenance Requirements of email [email protected]; comments only once. In addition, please the Maintenance Requirements Manual internet http://www.bombardier.com. You (MRM) Part 2, of Product Support Manual may view this service information at the include the Docket ID at the top of your (PSM) 1–84–7. comments. FAA, Transport Standards Branch, 2200 • South 216th St, Des Moines, WA. For Federal eRulemaking Portal: Go to (h) Initial Compliance Time information on the availability of this www.regulations.gov to submit your The initial compliance time for doing the material at the FAA, call 206–231–3195. comments electronically. Information CMR Task 276000–110 specified in on using Regulations.gov, including paragraph (g) of this AD is within 8,000 flight Issued in Des Moines, Washington, on May instructions for accessing agency hours after the effective date of this AD. 15, 2018. documents, submitting comments, and (i) No Alternative Actions or Intervals Dionne Palermo, viewing the docket, is available on the After the maintenance or inspection Acting Director, System Oversight Division, site under ‘‘Help.’’ program has been revised as required by Aircraft Certification Service. • Postal Mail, Commercial Delivery, paragraph (g) of this AD, no alternative [FR Doc. 2018–11141 Filed 5–24–18; 8:45 am] or Hand Delivery: The Department actions (e.g., inspections) or intervals may be BILLING CODE 4910–13–P strongly encourages commenters to used unless the actions or intervals are submit their comments electronically. approved as an alternative method of However, if you mail or deliver your compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of DEPARTMENT OF EDUCATION comments about the notice of proposed this AD. rulemaking, address them to Jean-Didier 34 CFR Parts 600 and 668 Gaina, U.S. Department of Education, (j) Other FAA AD Provisions [Docket ID ED–2018–OPE–0041] 400 Maryland Ave. SW, Mail Stop 294– The following provisions also apply to this 20, Washington, DC 20202. AD: RIN 1840–AD39 Privacy Note: The Department’s (1) Alternative Methods of Compliance policy is to make all comments received (AMOCs): The Manager, New York ACO Program Integrity and Improvement from members of the public available for Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the AGENCY: Office of Postsecondary public viewing on the Federal procedures found in 14 CFR 39.19. In Education, Department of Education. eRulemaking Portal at accordance with 14 CFR 39.19, send your ACTION: Notice of proposed rulemaking. www.regulations.gov. Therefore, request to your principal inspector or local commenters should be careful to Flight Standards District Office, as SUMMARY: The Secretary proposes to include in their comments only appropriate. If sending information directly delay, until July 1, 2020, the effective information that they wish to make to the manager of the certification office, date of the final regulations entitled publicly available. send it to ATTN: Program Manager, Program Integrity and Improvement Continuing Operational Safety, FAA, New FOR FURTHER INFORMATION CONTACT: York ACO Branch, 1600 Stewart Avenue, published in the Federal Register on Sophia McArdle, Ph.D., U.S. Suite 410, Westbury, NY 11590; telephone December 19, 2016 (the final Department of Education, 400 Maryland 516–228–7300; fax 516–794–5531. Before regulations). The current effective date Ave. SW, Mail Stop 290–44, using any approved AMOC, notify your of the final regulations is July 1, 2018. Washington, DC 20202. Telephone: appropriate principal inspector, or lacking a The Secretary proposes the delay based (202) 453–6318. Email: principal inspector, the manager of the local on concerns recently raised by regulated [email protected]. flight standards district office/certificate parties and to ensure that there is If you use a telecommunications holding district office. adequate time to conduct negotiated (2) Contacting the Manufacturer: For any device for the deaf (TDD) or a text requirement in this AD to obtain corrective rulemaking to reconsider the final telephone (TTY), call the Federal Relay actions from a manufacturer, the action must regulations, and as necessary, develop Service (FRS), toll free, at 1–800–877– be accomplished using a method approved revised regulations. The provisions for 8339. by the Manager, New York ACO Branch, which the effective date is being SUPPLEMENTARY INFORMATION: FAA; or Transport Canada Civil Aviation delayed are listed in the SUPPLEMENTARY Invitation to Comment: We invite you (TCCA); or Bombardier, Inc.’s TCCA Design INFORMATION section of this document. Approval Organization (DAO). If approved by to submit comments regarding this DATES: We must receive your comments the DAO, the approval must include the notice of proposed rulemaking. See DAO-authorized signature. on or before June 11, 2018. As ADDRESSES for instructions on how to previously indicated, we are submit comments. (k) Related Information establishing a 15-day public comment During and after the comment period, (1) Refer to Mandatory Continuing period for the proposed delay in you may inspect all public comments Airworthiness Information (MCAI) Canadian effective date. We are doing so because about this notice of proposed Airworthiness Directive CF–2017–35, dated the 2016 rule is scheduled to take effect rulemaking by accessing November 29, 2017, for related information. on July 1, 2018, and a final rule delaying This MCAI may be found in the AD docket Regulations.gov. You may also inspect on the internet at http://www.regulations.gov the effective date must be published the comments in person at 400 by searching for and locating Docket No. prior to that date. A longer comment Maryland Avenue SW, Washington, DC, FAA–2018–0449. period would not allow sufficient time between 8:30 a.m. and 4:00 p.m. (2) For more information about this AD, for the Department to review and Washington, DC time, Monday through contact John P. DeLuca, Aerospace Engineer, respond to comments, and publish a Friday of each week, except Federal Avionics and Administrative Services final rule. holidays. If you want to schedule time Section, FAA, New York ACO Branch, 1600 ADDRESSES: Stewart Avenue, Suite 410, Westbury, NY Submit your comments to inspect comments, please contact the 11590; telephone 516–228–7369; fax 516– through the Federal eRulemaking Portal person listed under FOR FURTHER 794–5531; email [email protected]. or via postal mail, commercial delivery, INFORMATION CONTACT. (3) For service information identified in or hand delivery. We will not accept Assistance to Individuals with this AD, contact Bombardier, Inc., Q-Series comments submitted by fax or by email Disabilities in Reviewing the

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Rulemaking Record: On request, we will universities that offer distance the purposes of State authorization provide an appropriate accommodation education and that some States have not disclosures (and how will this answer or auxiliary aid to an individual with a implemented the necessary policies and vary State by State and be further disability who needs assistance to procedures to conform to the student complicated by the fact that each State’s review the comments or other complaint procedures required by the definition may have been originally documents in the public-rulemaking regulations. The authors also expressed developed for a variety of purposes)? record for this notice of proposed that institutions need additional What if a student enrolls in a program rulemaking. If you want to schedule an information from the Department to that meets the licensure requirements of appointment for this type of better understand how to comply with the State in which the student was accommodation or auxiliary aid, please the new regulations. They stated, for living at the time, but then the student contact the person listed under FOR instance, that the way the term relocates to a new State where the FURTHER INFORMATION CONTACT. ‘‘residence’’ is described in the program does not fulfill the Based on additional concerns recently preamble of the 2016 rule may conflict requirements for licensure? What is the raised by regulated parties related to with State laws and common practice obligation of the university if the implementation of the final regulations, among students for establishing program no longer meets the licensure the Secretary proposes to delay, until residency. These issues are more requirements, due to a student’s move, July 1, 2020, the effective date of the complex than we understood when we not a change in the program? final regulations. The Department considered them in 2016. Therefore, we Finally, to add further complexity, proposes this delay to hear from the believe that a more precise definition of students may not always notify their regulated community and students ‘‘residence’’—which can be defined by institution if they change addresses, or about these concerns and to consider, States in different ways for different if they relocate temporarily to another through negotiated rulemaking, possible purposes—should be established State. While the preamble of the 2016 revisions to the final regulations. through rulemaking to ensure regulation did state that institutions Two letters in particular prompted institutions have the clarity needed to may rely on the student’s self- this proposed delay. The Department determine a student’s residence (81 FR determination of residency unless it has received a letter dated February 6, 2018 92236). The Department does not information to the contrary, there may (February 6 letter), from the American believe guidance would be sufficient to need to be additional clarification or Council on Education (http:// address the complexities institutions safeguards for institutions in the event www.acenet.edu/news-room/ have encountered, even prior to the that a student does not notify the Documents/ACE-Letter-on-State- rule’s effective date. Specifically, we institution of a change in residency. Authorization-Concern.pdf), which believe that we will need significant For both of the residency and disclosure issues, guidance is not the represents nearly 1,800 college detail to properly operationalize this university presidents from all types of appropriate vehicle to provide the term and will need to work with U.S. accredited, degree-granting clarifications needed. Guidance is impacted stakeholders to determine institutions and the executives at related inherently non-binding and, therefore, how best to address a concern that is associations. That letter expressed could not be used to establish any new complex and potentially costly to concerns that, ’’students who are requirements. More importantly, due to institutions and students. residents of certain states may be the complexity of these issues, we are ineligible for federal financial aid if they The authors of the two letters also not confident that we could develop a are studying online at institutions asked the Department to clarify the workable solution through guidance and located outside their states. This is format in which they should make without the input of negotiators who related to the requirement imposed by public and individualized disclosures of have been engaged in meeting these the state authorization regulations that the State authorization status for every requirements. Additionally, the mandates institutions disclose to State, the complaint resolution necessary changes may impose a greater students the appropriate state complaint processes for every State, and details on burden on some regulated parties, or process for their state of residence. A State licensure eligibility for every could significantly minimize burden to number of states, including California, discipline that requires a license to institutions, which would require an do not currently have complaint enter a profession. The authors updated estimate of regulatory impact. processes for all out-of-state suggested that the Department should In sum, the Department believes that the institutions.’’ On February 7, 2018, the delay the rules and submit the issues to clarifications requested are so Department also received a letter from additional negotiated rulemaking or, substantive that they would require the Western Interstate Commission for alternatively, clarify the final further rulemaking including negotiated Higher Education (WICHE) Cooperative regulations through guidance. We rulemaking under the Higher Education for Educational Technologies, the believe that these disclosure issues, Act of 1965, as amended (HEA). National Council for State Authorization particularly those regarding We believe that delaying the final Reciprocity, and the Distance Education individualized student disclosures, also regulations would benefit students and Accrediting Commission, all of which require further review and the that many students will still receive represent regulated parties (February 7 consideration of whether more detailed sufficient disclosures regarding distance letter). In the letter, these entities stated requirements are necessary for proper education programs during the period of that there is widespread concern and implementation. For instance, what the delay due to steps institutions have confusion in the higher education disclosures would need to be made to a already taken in this area. community regarding the student when the student changes his or Since the final regulations are implementation of the final regulations, her residence? How would an currently scheduled to go into effect in particularly with respect to State institution know that a student has July, we believe the delay will benefit authorization of distance education and changed his or her residence so that those students who are planning to take related disclosures. The authors of the individualized disclosures could be coursework via online programs during February 7 letter argued that the new made? For how long must a student the summer months, or who may be regulations will be costly and reside at the new address to be making plans to do internships in other burdensome for most colleges and considered a resident of that State for States. Many institutions and students

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ordinarily not heavily engaged in of any given year—may take effect only regulations in title 34 of the Code of distance education do provide and take at the beginning of the next award year, Federal Regulations (CFR): online courses in the summer. If the or in other words, on July 1 of the next • § 600.2 Definitions (definition of final regulations were to go into effect year. Because November 1 has already State authorization reciprocity on July 1, 2018, an institution may be passed, there is no way for the agreement). hesitant to offer these courses outside Department to publish a final rule that • § 600.9(c) (State authorization the State in which the institution is would be effective by July 1 of this year. distance education regulations). located, because the uncertainty of how Moreover, for the reasons explained • § 600.9(d) (State authorization of to determine students’ residency, and below, any negotiated rulemaking foreign locations of domestic institution the associated requirements, may make process would not be finished until regulations). • a State unwilling to pursue State sometime in 2019, so regulations § 668.2 (addition of ‘‘Distance education’’ to the list of definitions). authorization in all of the possible resulting from that process could not be • locations its students may reside during effective before July 1, 2020 at the § 668.50 (institutional disclosures the summer. Students will also depend earliest. It would be confusing and for distance or correspondence on their institution taking the necessary counterproductive for the final programs regulations). and involved steps to come into regulations to go into effect before the Waiver of Negotiated Rulemaking: compliance in each State. Some conclusion of this reconsideration Under section 492 of the HEA (20 U.S.C. institutions, especially those with process. We thus propose delaying the 1098a), all regulations proposed by the limited resources, could simply current effective date—July 1, 2018— Department for programs authorized determine that the cost of obtaining until July 1, 2020. under title IV of the HEA are subject to State authorization, of ensuring the The Department has not had sufficient negotiated rulemaking requirements. relevant states have complaint time to effectuate this delay through However, section 492(b)(2) of the HEA procedures, and assessing licensure negotiated rulemaking. Negotiated provides that negotiated rulemaking requirements, is simply not worth the rulemaking requires a number of steps may be waived for good cause when benefit of eligibility for title IV aid if that typically takes the Department well doing so would be ‘‘impracticable, only a small number of students enroll over 12 months to complete. The HEA unnecessary, or contrary to the public online from a particular State, which requires the Department to hold public interest.’’ Section 492(b)(2) of the HEA would mean that some students could hearings before commencing any requires the Secretary to publish the not continue their education during the negotiations. Based upon the feedback basis for waiving negotiations in the summer if during those months they the Department receives during the Federal Register at the same time as the return to their parents’ home to save hearings, the Department then identifies proposed regulations in question are money or because dormitory facilities those issues on which it will conduct first published. For the reasons stated above, it would on campus are closed. Thus, students negotiated rulemaking, announces not be practicable, before the July 1, would lose the opportunity to use title those, and solicits nominations for non- 2018 effective date specified in the final IV aid for these courses. By contrast, Federal negotiators. Negotiations regulations published December 19, institutions that routinely provide themselves are typically held over a 3- 2016 (81 FR 92232), to engage in distance education to large numbers of month period. Following the negotiated rulemaking and publish a students from all 50 States may have negotiations, the Department prepares a notice of final regulations to delay the already taken the initiative to obtain notice of proposed rulemaking and effective date. The Department also State authorization and assess the submits the proposed rule to the Office believes it will be in the public interest complaint systems and licensure of Management and Budget (OMB) for to delay the effective date of these requirements since the cost-benefit ratio review. The proposed rules are then regulations so that these issues can be favors such an action. As a result, the open for public comment for 30–60 resolved before the regulations go into delay will not adversely affect students days. Following the receipt of public effect. The approach may also benefit attending those institutions. comments, the Department considers In addition, DCL GEN–12–13 provides those comments and prepares a final from input from States that are in the guidance regarding student complaints regulation that is reviewed by OMB process of changing requirements for and student consumer disclosures as before publication. distance education programs. There is, related to distance education, ensuring In this instance, the catalysts for the therefore, good cause to waive that during the delay institutions will be delay are the February 6 and February negotiated rulemaking pertaining to this aware of their existing obligations and 7 letters. The Department could not delay. Note, we are only waiving that students will receive these have completed the well-over 12-month negotiated rulemaking and are protections. Under 34 CFR 668.43(b), an negotiated rulemaking process, providing this notice and opportunity to institution is required to provide to described in the previous paragraph, comment on the proposed delay. students its State approval or licensing between February 6, 2018, and the July Executive Orders 12866, 13563, and and the contact information for filing 1, 2018, effective date. Thus, the 13771 complaints. DCL GEN–12–13 clarifies Department has good cause to waive the this requirement with respect to negotiated rulemaking requirement with Regulatory Impact Analysis distance education. regard to its proposal to delay the Under Executive Order 12866, it must The negotiated rulemaking process effective date of the final regulations to be determined whether this regulatory could not be completed with final July 1, 2020, in order to complete a new action is ‘‘significant’’ and, therefore, regulations that would go into effect negotiated rulemaking proceeding to subject to the requirements of the before July 1, 2020. To comply with address the concerns identified by some Executive Order and subject to review section 482 of the HEA (20 U.S.C. 1089), of the regulated parties in the higher by OMB. Section 3(f) of Executive Order also known as the ‘‘master calendar education community. 12866 defines a ‘‘significant regulatory requirement,’’ a regulatory change that Based on the above considerations, action’’ as an action likely to result in has been published in final form on or the Department is proposing to delay a rule that may— before November 1 prior to the start of until July 1, 2020, the effective date of (1) Have an annual effect on the an award year—which begins on July 1 the following provisions of the final economy of $100 million or more, or

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adversely affect a sector of the economy, (5) Identify and assess available whether these administrative cost productivity, competition, jobs, the alternatives to direct regulation, savings and foregone benefits environment, public health or safety, or including economic incentives—such as calculations and discussions are State, local, or Tribal governments or user fees or marketable permits—to accurate and fully capture the impacts communities in a material way (also encourage the desired behavior, or of this rule delay. referred to as an ‘‘economically provide information that enables the Effects of Delay significant’’ rule); public to make choices. (2) Create serious inconsistency or Executive Order 13563 also requires The Regulatory Impact Analysis of the otherwise interfere with an action taken an agency ‘‘to use the best available final regulations stated that the or planned by another agency; techniques to quantify anticipated regulations would have the following (3) Materially alter the budgetary present and future benefits and costs as primary benefits: (1) Updated and impacts of entitlement grants, user fees, accurately as possible.’’ The Office of clarified requirements for State or loan programs or the rights and Information and Regulatory Affairs of authorization of distance education and obligations of recipients thereof; or OMB has emphasized that these foreign additional locations, (2) a (4) Raise novel legal or policy issues techniques may include ‘‘identifying process for students to access complaint arising out of legal mandates, the changing future compliance costs that resolution in either the State in which President’s priorities, or the principles might result from technological the institution is authorized or the State stated in the Executive order. innovation or anticipated behavioral in which they reside, and (3) increased This proposed regulatory action is a changes.’’ transparency and access to institutional significant regulatory action subject to We are issuing this proposed delay and program information. review by OMB under section 3(f) of only on a reasoned determination that As a result of the proposed delay, Executive Order 12866. The quantified its benefits would justify its costs. In students might not receive disclosures economic effects and net budget impact choosing among alternative regulatory of adverse actions taken against a associated with the delayed effective approaches, we selected the approach particular institution or program. date are not expected to be that would maximize net benefits. In Students also may not receive other economically significant. Institutions particular, the Department believes information about an institution, such will be relieved of an expected avoiding the compliance costs for as information about refund policies or Paperwork Reduction Act burden of institutions and the potential whether a program meets certain State approximately $364,801 in annualized unintended harm to students if licensure requirements. Increased access cost savings or $5.2 million in present institutions decide not to offer distance to such information could help students value terms for the delay period, though education courses to students who identify programs that offer credentials it is possible some States have already switch locations for a semester or do not that potential employers recognize and incurred these costs preparing for the allow students to receive title IV aid for value, so delaying the requirement to current effective date. The Department such courses because the definition of provide these disclosures may require is interested in comments on whether residency needs additional clarification students to obtain this information from costs have already been expended in outweighs any negative effect of the another source or may lead students to this area and estimates of costs still delayed disclosures. Based on the choose sub-optimal programs for their needed to be incurred. analysis that follows, the Department preferred courses of study. On the other We have also reviewed this proposed believes that this proposed delay of the hand, students who attend on-ground delay under Executive Order 13563, final regulations is consistent with the campuses may find that, while the which supplements and explicitly principles in Executive Order 13563. program they completed meets licensure reaffirms the principles, structures, and Consistent with Executive Order requirements in that State, it does not definitions governing regulatory review 13771 (82 FR 9339, February 3, 2017), meet licensure requirements in other established in Executive Order 12866. we have estimated that this proposed States. The Department has never To the extent permitted by law, rule has a potential upper bound effect required ground-based campuses to Executive Order 13563 requires that an of estimated annualized cost savings of provide this information to students, agency: $705,737, or $10,081,963 in present including campuses that enroll large (1) Propose or adopt regulations only value terms, using a 7 percent discount numbers of students from other States. upon a reasoned determination that rate over a perpetual time horizon, in Additionally, the delay of the their benefits justify their costs administrative and information disclosures related to the complaints (recognizing that some benefits and disclosure costs. This is an upper bound resolution process could make it harder costs are difficult to quantify); estimate of these cost savings, since for students to access available (2) Tailor its regulations to impose the some institutions may have begun consumer protections. Some students least burden on society, consistent with development of disclosures to meet the may be aware of Federal Student Aid’s obtaining regulatory objectives and proposed regulatory requirements. As a Ombudsman Group, State Attorneys taking into account—among other things central estimate, the Department General offices, or other resources for and to the extent practicable—the costs estimates institutions will be relieved of potential assistance, but the disclosure of cumulative regulations; an expected Paperwork Reduction Act would help affected students be aware (3) In choosing among alternative burden of approximately $364,801 in of these options. regulatory approaches, select those annualized cost savings or $5.2 million The Department also recognizes a approaches that maximize net benefits in present value terms for the delay potential unintended effect of the final (including potential economic, period; though it is possible some States regulation on students from institutions environmental, public health and safety, have already incurred these costs reacting to uncertainty in the definition and other advantages; distributive preparing for the current effective date. of residency and other aspects of the impacts; and equity); Because of these savings, this 2016 final regulation by refusing (4) To the extent feasible, specify proposed rule, if finalized, would be enrollment or title IV aid to distance performance objectives, rather than the considered an Executive Order 13771 education students as a safeguard behavior or manner of compliance a deregulatory action. The Department against unintentional non-compliance. regulated entity must adopt; and explicitly requests comments on A variety of other possible scenarios

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described herein, resulting from whether this example provides a typical the final rule is not expected to have a confusion about the rule or an or accurate level of expected significant budget impact. This analysis institution’s inability or unwillingness compliance costs across a representative is limited to the effect of delaying the to comply, could also result in loss of population, and the extent to which effective date of the final regulations to title IV aid to students. For example, if institutions have already incurred these July 1, 2020, and does not account for a student pursues a summer internship costs. In practice, actual costs to any potential future substantive changes and relocates to another State for the institutions vary based on a number of in the final regulations. summer semester, institutions may factors including an institution’s size, Regulatory Flexibility Analysis choose not to allow them to take courses the extent to which an institution online because their residency is provides distance education, and The final regulations would affect unclear. The Department believes the whether it participates in a State institutions that participate in the title possibility of this outcome and the authorization reciprocity agreement or IV, HEA programs, many of which are disruption it could have to students’ chooses to obtain authorization in considered small entities. The U.S. education plans counts in favor of specific States. Small Business Administration (SBA) delaying the rule to prevent institutions Delay may also allow institutions to Size Standards define ‘‘for-profit from taking such actions while postpone incurring costs associated institutions’’ as ‘‘small businesses’’ if negotiated rulemaking clears up with the disclosure requirements. As they are independently owned and lingering and widespread uncertainty. A indicated in the Paperwork Reduction operated and not dominant in their field student who is unable to take classes Act of 1995 section of the final of operation with total annual revenue during the summer months may be regulations, those costs were estimated below $7 million. The SBA Size unable to complete his or her program to be 152,565 hours and $5,576,251 Standards define ‘‘not-for-profit on time, especially if the student is annually. institutions’’ as ‘‘small organizations’’ if working or raising children and cannot Net Budget Impact: As noted in the they are independently owned and manage a 15 credit course load during final regulations, in the absence of operated and not dominant in their field the regular academic terms. evidence that the regulations would of operation, or as ‘‘small entities’’ if Delay may, however, better allow significantly change the size and nature they are institutions controlled by institutions to address the costs of of the student loan borrower population, governmental entities with populations complying with the final regulations. In the Department estimated no significant below 50,000. Under these definitions, promulgating those regulations, the net budget impact from these approximately 4,267 of the IHEs that Department recognized that institutions regulations. While the updated would be subject to the paperwork could face compliance costs associated requirements for State authorization and compliance provisions of the final with obtaining State authorization for the option to use State authorization regulations are small entities. distance education programs or reciprocity agreements may expand the Accordingly, we have reviewed the operating foreign locations. But the availability of distance education, estimates from the 2016 final rule and Department did not ascribe specific student loan volume will not prepared this regulatory flexibility costs to the State authorization necessarily expand greatly. Additional analysis to present an estimate of the regulations and associated definitions distance education could provide effect on small entities of the delay in because it presumed that institutions convenient options for students to the final regulations. were already complying with applicable pursue their educations and loan In the Regulatory Flexibility Analysis State authorization requirements and funding may shift from physical to for the final regulations, the Department because nothing in the final regulations online campuses. Distance education estimated that 4,267 of the 6,890 IHEs requires institutions to have distance has expanded significantly already and participating in the title IV, HEA education programs. the final regulations are only one factor programs were considered small Although the Department did not in institutions’ plans within this field. entities— 1,878 are not-for-profit ascribe specific costs to this aspect of The distribution of title IV, HEA institutions, 2,099 are for-profit the regulation, it provided examples of program funding could continue to institutions with programs of two years costs ranging from $5,000 to $16,000 evolve, but the overall volume is also or less, and 290 are for-profit depending on institution size, for a total driven by demographic and economic institutions with four-year programs. estimated annual cost for all institutions conditions that are not affected by these Using the definition described above, of $19.3 million. Several commenters regulations and State authorization approximately 60 percent of IHEs stated that the Department requirements were not expected to qualify as small entities, even if the underestimated the costs of compliance change loan volumes in a way that range of revenues at the not-for-profit with the regulations, noting that would result in a significant net budget institutions varies greatly. Many small extensive research may be required for impact. Likewise, the availability of institutions may focus on local each program in each State. One options to study abroad at foreign provision of specific programs and institution reported that it costs $23,520 locations of domestic institutions offers would not be significantly affected by to obtain authorization for a program students flexibility and potentially the delay in the 2016 regulations with an internship in all 50 States and rewarding experiences, but was not because they do not offer distance $3,650 to obtain authorization for a new expected to significantly change the education. As described in the analysis 100 percent online program in all 50 amount or type of loans students use to of the 2016 final rule, distance States. To renew the authorization for finance their education. Therefore, the education is a growing area with its existing programs, this institution Department did not estimate that the potentially significant effects on the estimated a cost of $75,000 annually foreign location requirements in 34 CFR postsecondary education market and the including fees, costs for surety bonds, 600.9(d) would have a significant small entities that participated in it, and accounting services, and noted budget impact on title IV, HEA including an opportunity to expand and these costs have been increasing in programs. As the final regulations were serve more students than their physical recent years. The Department believes not expected to have a significant locations can accommodate but also this institution’s estimate is credible; budget impact, delaying them to allow increased competitive pressure from however, we request comment on for reconsideration and renegotiation of online options. Overall, as of Fall 2016,

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approximately 15 percent of students considerations may influence the extent with an estimated cost of $510,991 receive their education exclusively to which small entities operate distance annually. Small entities may be able to through distance education while 68.3 education programs. Small entities that avoid some of the anticipated burden percent took no distance education do participate in the distance education during the delay. To the extent small courses. However, at proprietary sector may benefit from avoiding these entities would need to spend funds to institutions almost 59.2 percent of fees during the delay period. If 50 comply with State authorization students were exclusively distance percent of small entities offer distance requirements for distance education, the education students and 30.4 percent had education, the average annual cost proposed delay would allow them to not enrolled in any distance education savings per small entity during the postpone incurring those costs. And courses.1 The delay in a clear State delay would be approximately $3,280, although institutions may have incurred authorization rule for distance but that would increase to $6,560 if some of the $510,991 annual costs to education may slow the reshuffling of distance education was only offered by prepare for the information collection the postsecondary education market or 25 percent of small entities. This requirements, it is possible that the increased participation of small estimate assumes small entities have not institutions could avoid up to that entities in distance education, but that already taken steps to comply with the amount during the period of the delay. is not necessarily the case. Distance State authorization requirements in the Paperwork Reduction Act of 1995 education has expanded over recent 2016 final rule. The Department years even in the absence of a clear State welcomes comments on the distribution As indicated in the Paperwork authorization regime. of small entities offering distance Reduction Act section published in the In the analysis of the 2016 final rule, education, the estimated costs to obtain 2016 final regulations, the assessed we noted that the Department estimated State authorization for their programs, estimated burden was 152,565 hours total State Authorization Reciprocity and the extent to which small entities affecting institutions with an estimated Agreement (SARA) fees and additional have already incurred costs to comply cost of $5,576,251. State fees of approximately $7 million with the 2016 final rule. The table below identifies the annually for small entities, but The Department also estimated that regulatory sections, OMB Control acknowledged that costs could vary small entities would incur 13,981 hours Numbers, estimated burden hours, and significantly by type of institution and of burden in connection with estimated costs of those final institutions’ resources and that these information collection requirements regulations.

Estimated cost Regulatory section OMB control Burden hours $36.55/hour No. institution

600.9 ...... 1845–0144 160 5,848 668.50(b) ...... 1845–0145 151,715 5,545183 668.50(c) ...... 1845–0145 690 25,220 Total ...... 152,565 5,576,251 Cost savings due to delayed effective date ...... 152,565 5,576,251

This notice proposes to delay the You may also access documents of the requirements, Selective Service System, effective date of the all of the cited Department published in the Federal Student aid, Vocational education. regulations. Register by using the article search Dated: May 22, 2018. Accessible Format: Individuals with feature at: www.federalregister.gov. Betsy DeVos, disabilities may obtain this document in Specifically, through the advanced Secretary of Education. an accessible format (e.g., Braille, large search feature at this site, you can limit [FR Doc. 2018–11262 Filed 5–24–18; 8:45 am] your search to documents published by print, audiotape, or compact disc) on BILLING CODE 4000–01–P request to the contact person listed the Department. under FOR FURTHER INFORMATION List of Subjects CONTACT. ENVIRONMENTAL PROTECTION Electronic Access to this Document: 34 CFR Part 600 AGENCY The official version of this document is Colleges and universities, Foreign the document published in the Federal 40 CFR Part 30 relations, Grant programs—education, Register. Free internet access to the Loan programs—education, Reporting [EPA–HQ–OA–2018–0259; FRL–9978–31– official edition of the Federal Register and recordkeeping requirements, ORD] and the Code of Federal Regulations is available via the Federal Digital System Student aid, Vocational education. RIN 2080–AA14 at: www.gpo.gov/fdsys. At this site, you 34 CFR Part 668 Strengthening Transparency in can view this document, as well as all Administrative practice and Regulatory Science; Extension of other documents of this Department Comment Period and Notice of Public procedure, Colleges and universities, published in the Federal Register, in Hearing text or PDF. To use PDF, you must have Consumer protection, Grant programs— Adobe Acrobat Reader, which is education, Loan programs—education, AGENCY: Environmental Protection available free at the site. Reporting and recordkeeping Agency (EPA).

1 2017 Digest of Education Statistics Table 311.15: distance education participation, location of https://nces.ed.gov/programs/digest/d17/tables/ Number and percentage of students enrolled in student, level of enrollment, and control and level dt17_311.15.asp?current=yes. degree-granting postsecondary institutions, by of institution: Fall 2015 and fall 2016. Available at

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ACTION: Proposed rule; extension of will make every effort to accommodate addition to the authorities listed in the comment period; notice of public all speakers that arrive and register. April 30th document. hearing. Because this hearing is being held at a The public hearing will provide U.S. government facility, individuals interested parties the opportunity to SUMMARY: On April 30, 2018, the planning to attend the hearing should be present data, views, or arguments Environmental Protection Agency (EPA) prepared to show valid picture concerning the proposal. EPA solicits proposed a rule titled, ‘‘Strengthening identification to the security staff to gain comments on all aspects of the proposal Transparency in Regulatory Science.’’ access to the meeting room. No large and specifically on the issues identified The EPA is extending the comment signs will be allowed in the building, in Section III of the April 30th period on the proposed rule, which was cameras may only be used outside of the document. The EPA may ask clarifying scheduled to close on May 30, 2018, building, and demonstrations will not questions during the oral presentations, until August 16, 2018. The EPA is also be allowed on federal property for but will not respond to the announcing a public hearing to be held security reasons. presentations at that time. Written for the proposed rule. The hearing will If you would like to present oral statements and supporting information be held on July 17, 2018 in Washington, testimony at the public hearing, please submitted during the comment period DC. The EPA is making these changes in register online at https://www.epa.gov/ will be considered with the same weight response to public requests for an osa/strengthening-transparency- as any oral comments and supporting extension of the comment period and regulatory-science or contact Tom information presented at the public for a public hearing. Sinks, Environmental Protection hearing. DATES: The public comment period for Agency, Office of the Science Advisor, Oral testimony will be limited to 5 the proposed rule published in the (MC 8105R), 1200 Pennsylvania Avenue minutes for each commenter. The EPA Federal Register on April 30, 2018 (83 NW, Washington, DC 20460, telephone encourages commenters to provide EPA FR 18768), is being extended. Written (202) 564–0221, [email protected], no with a copy of their oral testimony comments must be received on or before later than 2 business days prior to the electronically via email or in hard copy August 16, 2018. The public hearing public hearing. The last day to register form. will be held on July 17, 2018. will be July 15, 2018. If using email, The hearing schedules, including lists ADDRESSES: The EPA has established a please provide the following of speakers, will be posted on EPA’s docket for the proposed rulemaking information: Time of day you wish to website https://www.epa.gov/osa/ (available at http:// speak (8:00 a.m.–12:00 p.m., 12:00 strengthening-transparency-regulatory- www.regulations.gov). The Docket ID p.m.–4:00 p.m., 4:00 p.m.–8:00 p.m.), science. Verbatim transcripts of the No. is EPA–HQ–OA–2018–0259. Submit name, affiliation, address, email hearings and written statements will be your comments, identified by the address, and telephone and fax included in the docket for the appropriate Docket ID, to the Federal numbers. rulemaking. EPA will make every effort eRulemaking Portal: http:// to follow the schedule as closely as FOR FURTHER INFORMATION CONTACT: www.regulations.gov. Follow the online possible on the day of the hearing; Questions concerning the proposed rule, instructions for submitting comments. however, please plan for the hearing to ‘‘Strengthening Transparency in Once submitted, comments cannot be run either ahead of schedule or behind Regulatory Science’’ should be edited or withdrawn. The EPA may schedule. addressed to Tom Sinks, Office of the publish any comment received to its Dated: May 21, 2018. public docket. Do not submit Science Advisor, Environmental Tom Sinks, electronically any information you Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; Director, Office of the Science Advisor. consider to be Confidential Business _ Information (CBI) or other information (202) 564–0221; email address: staff [FR Doc. 2018–11316 Filed 5–24–18; 8:45 am] whose disclosure is restricted by statute. [email protected]. BILLING CODE 6560–50–P If you need to include CBI as part of SUPPLEMENTARY INFORMATION: This your comment, please visit http:// document extends the public comment www.epa.gov/dockets/comments.html period for the proposed rule to ensure ENVIRONMENTAL PROTECTION for instructions. Multimedia that the public has sufficient time to AGENCY review and comment on the proposal. submissions (audio, video, etc.) must be 40 CFR Part 52 accompanied by a written comment. EPA is proposing this rule under The written comment is considered the authority of 5 U.S.C. 301, in addition to [EPA–R05–OAR–2018–0008; FRL–9978–63- official comment and should include the authorities listed in the April 30th Region 5] discussion of all points you wish to document. Air Plan Approval; Wisconsin; make. The public hearing provides the For additional submission methods, public with an opportunity to present Particulate Matter Standard the full EPA public comment policy, oral comments regarding EPA’s AGENCY: Environmental Protection and general guidance on making proposed regulation entitled Agency (EPA). effective comments, please visit http:// ‘‘Strengthening Transparency in ACTION: Proposed rule. www.epa.gov/dockets/comments.html. Regulatory Science.’’ This proposed Public hearing: The public hearing regulation is intended to strengthen the SUMMARY: The Environmental Protection will be held at the Environmental transparency of EPA regulatory science. Agency (EPA) is proposing to approve a Protection Agency, William Jefferson The proposed regulation provides that, January 4, 2018, request by the Clinton East Building, Main Floor Room for the science pivotal to its significant Wisconsin Department of Natural 1153, 1201 Constitution Avenue NW, in regulatory actions, EPA will ensure that Resources (Wisconsin) to revise its state Washington, DC 20460. The public the data and models underlying the implementation plan (SIP) for fine hearing will convene at 8:00 a.m. EST science is publicly available in a particulate matter (PM2.5). Wisconsin and continue until 8:00 p.m. EST or one manner sufficient for validation and updated its ambient air quality hour after the last registered speaker has analysis. EPA is proposing this rule standards for PM2.5 to be consistent with spoken, whichever is earlier. The EPA under authority of 5 U.S.C. 301, in EPA’s 2012 revisions to the PM2.5

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national ambient air quality standards NAAQS set at a level of 15.0 mg/m3, standards into separate sections. (NAAQS). Wisconsin also revised its along with the 24-hour primary and Separating the primary and secondary incorporation by reference rule to secondary NAAQS for PM2.5 at a level standards allows one to easily 3 update references to the EPA monitoring of 35 mg/m . 40 CFR 50.13 and 40 CFR determine what the primary PM2.5 methods. 50.18. standards are and what methods are DATES: Comments must be received on Wisconsin revised its ambient air used to determine if those standards are or before June 25, 2018. quality rules in chapter NR 404 such met. This is also true for the secondary ADDRESSES: Submit your comments, that its PM2.5 standards are consistent PM2.5 standards. identified by Docket ID No. EPA–R05– with EPA’s revision. Wisconsin Wisconsin’s revisions to NR OAR–2018–0008 at http:// modified NR 404.04(9) by splitting the 484.04(6g) and NR 484.04(6r) are www.regulations.gov, or via email to PM2.5 standards into separate sections acceptable. The EPA monitoring [email protected]. For comments for the primary and secondary methods referenced are consistent with standards. Wisconsin added NR submitted at Regulations.gov, follow the the requirements of the 2012 PM2.5 online instructions for submitting 404.04(9)(am) for the primary PM2.5 NAAQS. The incorporation by reference comments. Once submitted, comments standard and NR 404.04(9)(bm) for the revisions keep the references current. cannot be edited or removed from secondary PM2.5 standard. In NR III. What Action is EPA Taking? Regulations.gov. For either manner of 404.04(9)(am), the primary annual PM2.5 submission, EPA may publish any standard was revised from 15.0 to 12.0 EPA is proposing to approve revisions 3 comment received to its public docket. mg/m with the 24-hour primary PM2.5 to NR 404.04(9), NR 484.04(6g), and NR 3 Do not submit electronically any standard remaining at 35 mg/m . 484.04(6r), as submitted on January 4, information you consider to be Wisconsin retained the current 2018. The revisions to the ambient air 3 Confidential Business Information (CBI) secondary standard, 15.0 mg/m annual quality standards and the incorporation 3 or other information whose disclosure is and 35 mg/m 24-hour, in the new NR by reference rules make Wisconsin’s restricted by statute. Multimedia 404.04(9)(bm). standards consistent with 2012 PM Wisconsin also included monitoring 2.5 submissions (audio, video, etc.) must be NAAQS. accompanied by a written comment. method requirements in both NR The written comment is considered the 404.04(9)(am) and (bm). The ambient IV. Incorporation by Reference PM is to be measured by the methods official comment and should include 2.5 In this rule, EPA is proposing to of 40 CFR part 50, appendices L and N, discussion of all points you wish to include in a final EPA rule regulatory for both standards. 40 CFR part 50, make. EPA will generally not consider text that includes incorporation by appendix L, is the Reference Method for comments or comment contents located reference. In accordance with the Determination of Fine Particulate outside of the primary submission (i.e. requirements of 1 CFR 51.5, EPA is Matter as PM in the Atmosphere, on the web, cloud, or other file sharing 2.5 proposing to incorporate by reference while, 40 CFR part 50, appendix N, is system). For additional submission NR 404.04(9), NR 484.04(6g), and NR the Interpretation of the National methods, please contact the person 484.04(6r), effective January 1, 2018. Ambient Air Quality Standards for identified in the FOR FURTHER EPA has made, and will continue to INFORMATION CONTACT section. For the PM2.5. Wisconsin also revised its make, these documents generally full EPA public comment policy, incorporation by reference rules in available through www.regulations.gov information about CBI or multimedia chapter NR 484. Wisconsin altered NR and at the EPA Region 5 Office (please submissions, and general guidance on FOR 484.04(6g) and NR 484.04(6r). The state contact the person identified in the making effective comments, please visit amended NR 484.04(6g) by FURTHER INFORMATION CONTACT section of http://www2.epa.gov/dockets/ incorporating by reference 40 CFR part this preamble for more information). commenting-epa-dockets. 50, appendix L, Reference Method for V. Statutory and Executive Order FOR FURTHER INFORMATION CONTACT: Matt the Determination of Particulate Matter Reviews Rau, Environmental Engineer, Control as PM2.5 in the Atmosphere, into NR Strategies Section, Air Programs Branch 404.04(9). The state amended NR Under the Clean Air Act, the (AR–18J), Environmental Protection 484.04(6r) by incorporating by reference Administrator is required to approve a Agency, Region 5, 77 West Jackson 40 CFR part 50, appendix N, SIP submission that complies with the Boulevard, Chicago, Illinois 60604, Interpretation of the National Ambient provisions of the Clean Air Act and (312) 886–6524, [email protected]. applicable Federal regulations. 42 Air Quality Standards for PM2.5, into NR SUPPLEMENTARY INFORMATION: 404.04(9). U.S.C. 7410(k); 40 CFR 52.02(a). Thus, Throughout this document whenever Wisconsin held a public comment in reviewing SIP submissions, EPA’s ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean period for these revisions from July 14, role is to approve state choices, EPA. This supplementary information 2016, to August 31, 2016, and a public provided that they meet the criteria of section is arranged as follows: hearing on August 25, 2016. No the Clean Air Act. Accordingly, this action merely approves state law as I. Background comments were received. II. What is EPA’s Analysis? meeting Federal requirements and does III. What Action is EPA Taking? II. What is EPA’s Analysis? not impose additional requirements IV. Incorporation by Reference. Wisconsin’s revisions to NR 404.04(9) beyond those imposed by state law. For V. Statutory and Executive Order Reviews. make its ambient air quality standard that reason, this action: • consistent with the 2012 PM2.5 NAAQS. Is not a significant regulatory action I. Background Wisconsin revised the primary PM2.5 subject to review by the Office of On January 15, 2013, EPA revised the annual standard following EPA’s Management and Budget under primary (protective of human health) revisions, while retaining the current Executive Orders 12866 (58 FR 51735, annual PM2.5 NAAQS to a level of 12.0 secondary annual and 24-hour PM2.5 October 4, 1993) and 13563 (76 FR 3821, micrograms per cubic meter (mg/m3). primary and secondary standards. January 21, 2011); EPA also retained the annual PM2.5 Wisconsin changed its rule to separate • Is not an Executive Order 13771 (82 secondary (protective of public welfare) the primary and secondary PM2.5 FR 9339, February 2, 2017) regulatory

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action because SIP approvals are ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: exempted under Executive Order 12866; AGENCY Radhica Kanniganti, Environmental • Does not impose an information Engineer, Air Permits Section, Air 40 CFR Part 52 collection burden under the provisions Programs Branch (AR–18J), of the Paperwork Reduction Act (44 [EPA–R05–OAR–2017–0701; FRL–9978– Environmental Protection Agency, U.S.C. 3501 et seq.); 65—Region 5] Region 5, 77 West Jackson Boulevard, • Chicago, Illinois 60604, (312) 886–8097, Is certified as not having a Air Plan Approval; Wisconsin; [email protected]. significant economic impact on a Modification of Greenhouse Gases SUPPLEMENTARY INFORMATION: substantial number of small entities Language Throughout this document whenever under the Regulatory Flexibility Act (5 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean U.S.C. 601 et seq.); AGENCY: Environmental Protection Agency (EPA). EPA. This supplementary information • Does not contain any unfunded section is arranged as follows: mandate or significantly or uniquely ACTION: Proposed rule. I. Review of State Submittals affect small governments, as described SUMMARY: The Environmental Protection II. What action is EPA taking? in the Unfunded Mandates Reform Act Agency (EPA) is proposing to approve a III. Incorporation by Reference of 1995 (Pub. L. 104–4); revision to the Wisconsin State IV. Statutory and Executive Order Reviews • Does not have Federalism Implementation Plan (SIP) submitted by implications as specified in Executive the Wisconsin Department of Natural I. Review of State Submittals Order 13132 (64 FR 43255, August 10, Resources (WDNR) to EPA on November This proposed rulemaking addresses 1999); 28, 2017. In this revision, WDNR makes the November 28, 2017, WDNR modifications to the language associated • Is not an economically significant submittal for SIP revision, revising the with how greenhouse gases are regulatory action based on health or rules in the Wisconsin SIP to reflect the evaluated in the Prevention of safety risks subject to Executive Order changes required by UARG v. EPA, 134 Significant Deterioration (PSD) program. 13045 (62 FR 19885, April 23, 1997); S. Ct. 2427, on how greenhouse gases These revisions were made to reflect • are evaluated in the PSD program. The Is not a significant regulatory action changes required by the United States Clean Air Act’s (CAA) PSD provisions subject to Executive Order 13211 (66 FR Supreme Court in its June 23, 2014 make it unlawful to construct or modify 28355, May 22, 2001); decision, Utility Air Regulatory Group a ‘‘major emitting facility’’, in any area • Is not subject to requirements of (UARG) v. EPA), 134 S. Ct. 2427. to which the PSD program applies, Section 12(d) of the National DATES: Comments must be received on without a permit, 42 U.S.C. 7475(a). A Technology Transfer and Advancement or before June 25, 2018. ‘‘major emitting facility’’ is a stationary Act of 1995 (15 U.S.C. 272 note) because ADDRESSES: Submit your comments, source with the potential to emit 250 application of those requirements would identified by Docket ID No. EPA–R05– tons per year of ‘‘any air pollutant’’ (or be inconsistent with the Clean Air Act; OAR–2017–0701 at http:// 100 tons per year for certain types of and www.regulations.gov, or via email to sources). 42 U.S.C. 7479(1). • Does not provide EPA with the [email protected]. For In Massachusetts v. EPA, 549 U.S. 497 discretionary authority to address, as comments submitted at Regulations.gov, (2007), the Supreme Court held that appropriate, disproportionate human follow the online instructions for greenhouse gases, including carbon health or environmental effects, using submitting comments. Once submitted, dioxide, fit within the definition of air practicable and legally permissible comments cannot be edited or removed pollutant in the CAA. In 2010 and 2011, methods, under Executive Order 12898 from Regulations.gov. For either manner EPA promulgated a series of greenhouse (59 FR 7629, February 16, 1994). of submission, EPA may publish any gas emission standards for new motor comment received to its public docket. vehicles, and made stationary sources In addition, the SIP is not approved Do not submit electronically any subject to the PSD and title V permit to apply on any Indian reservation land information you consider to be programs based on their potential to or in any other area where EPA or an Confidential Business Information (CBI) emit greenhouse gases. Recognizing, Indian tribe has demonstrated that a or other information whose disclosure is however, that requiring all sources with tribe has jurisdiction. In those areas of restricted by statute. Multimedia greenhouse gas emissions above the Indian country, the rule does not have submissions (audio, video, etc.) must be statutory thresholds would expand tribal implications and will not impose accompanied by a written comment. these permit programs and make them substantial direct costs on tribal The written comment is considered the unadministrable, EPA ‘‘tailored’’ the governments or preempt tribal law as official comment and should include programs by adopting a ‘‘phase-in’’ specified by Executive Order 13175 (65 discussion of all points you wish to approach. The Tailoring Rule (75 FR FR 67249, November 9, 2000). make. EPA will generally not consider 31514), published on June 3, 2010, List of Subjects in 40 CFR Part 52 comments or comment contents located phased in permitting requirements for outside of the primary submission (i.e. greenhouse gas emissions. Step 1 of this Environmental protection, Air on the web, cloud, or other file sharing rule applied to sources that were subject pollution control, Incorporation by system). For additional submission to the PSD and title V programs before reference, Intergovernmental relations, methods, please contact the person greenhouse gases were regulated under Particulate matter, Reporting and identified in the FOR FURTHER the CAA. In Step 1, from January 2 recordkeeping requirements. INFORMATION CONTACT section. For the through June 30, 2011, no source would Dated: May 16, 2018. full EPA public comment policy, become newly subject to the PSD or title information about CBI or multimedia V program solely based on its Cathy Stepp, submissions, and general guidance on greenhouse gas emissions; however, Regional Administrator, Region 5. making effective comments, please visit sources that were subject to PSD review [FR Doc. 2018–11315 Filed 5–24–18; 8:45 am] http://www2.epa.gov/dockets/ anyway due to their non-greenhouse gas BILLING CODE 6560–50–P commenting-epa-dockets. regulated pollutants would need to

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comply with the Best Available Control clarifies that only Step 1 sources will be under the Regulatory Flexibility Act (5 Technology (BACT) emission standards subject to PSD permitting. U.S.C. 601 et seq.); for greenhouse gases if they emitted • Does not contain any unfunded IV. What action is EPA taking? these gases in significant amounts, mandate or significantly or uniquely defined as at least 75,000 tons per year EPA is proposing to approve WDNR’s affect small governments, as described of carbon dioxide equivalent (CO2e). submittal for revision of the SIP to in the Unfunded Mandates Reform Act During Step 2, from July 1, 2011, incorporate the holding in UARG v. EPA of 1995 (Pub. L. 104–4); through June 30, 2012, sources with the decision regarding when greenhouse gas • Does not have Federalism potential to emit at least 100,000 tons emissions must be controlled. EPA has implications as specified in Executive per year of CO2e would be subject to reviewed Wisconsin’s November 28, Order 13132 (64 FR 43255, August 10, PSD and Title V permitting for their 2017, submittal to approve Wisconsin 1999); • construction and operation and to PSD Administrative Code provision NR Is not an economically significant permitting for modifications that would 405.07(9) into Wisconsin’s SIP, and has regulatory action based on health or increase their greenhouse-gas emissions found it to be consistent with the June safety risks subject to Executive Order by at least 75,000 tons per year. EPA 23, 2014, UARG v. EPA ruling. 13045 (62 FR 19885, April 23, 1997); • codified Steps 1 and 2 at 40 CFR Is not a significant regulatory action V. Incorporation by Reference 51.166(b)(48) and 40 CFR 52.21(b)(49) subject to Executive Order 13211 (66 FR 28355, May 22, 2001); for the purpose of PSD applicability and In this rule, EPA is proposing to • at 40 CFR 70.2 and 40 CFR 71.2 for title include a final EPA rule regulatory text Is not subject to requirements of V, in the definition of ‘‘subject to that includes incorporation by Section 12(d) of the National regulation’’. reference. In accordance with Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because This action was challenged by requirements of 1 CFR 51.5, EPA is application of those requirements would numerous parties, including several proposing to incorporate by reference be inconsistent with the CAA; and states. On June 23, 2014, in UARG v. Wisconsin Administrative Code • provision NR 405.07(9) as published in Does not provide EPA with the EPA, the Supreme Court ruled that the discretionary authority to address, as CAA neither compels nor permits EPA the Register, July 2015, No. 715, effective August 1, 2015. EPA has made, appropriate, disproportionate human to adopt an interpretation of the CAA health or environmental effects, using requiring a source to obtain a PSD or and will continue to make, these documents generally available through practicable and legally permissible title V permit solely based on its methods, under Executive Order 12898 potential greenhouse gas emissions. The www.regulations.gov, and at the EPA Region 5 Office (please contact the (59 FR 7629, February 16, 1994). ruling, however, supported EPA’s In addition, the SIP is not approved person identified in the FOR FURTHER decision to require sources otherwise to apply on any Indian reservation land INFORMATION CONTACT section of this subject to PSD review to comply with or in any other area where EPA or an preamble for more information). BACT emission standards for Indian tribe has demonstrated that a greenhouse gases. In other words, with VI. Statutory and Executive Order tribe has jurisdiction. In those areas of respect to PSD, the ruling upheld PSD Reviews Indian country, the rule does not have permitting requirements for greenhouse tribal implications and will not impose Under the CAA, the Administrator is gases under Step 1 of the Tailoring rule substantial direct costs on tribal required to approve a SIP submission for ‘‘anyway’’ sources, and invalidated governments or preempt tribal law as that complies with the provisions of the PSD permitting requirement for Step 2 specified by Executive Order 13175 (65 CAA and applicable Federal regulations. sources. FR 67249, November 9, 2000). In a subsequent rulemaking, on 42 U.S.C. 7410(k); 40 CFR 52.02(a). August 19, 2015 (80 FR 50199), EPA Thus, in reviewing SIP submissions, List of Subjects in 40 CFR Part 52 removed from the CFR several EPA’s role is to approve state choices, Environmental protection, Air provisions of the PSD and title V provided that they meet the criteria of pollution control, Incorporation by permitting regulations that were the CAA. Accordingly, this action reference, Intergovernmental relations, originally promulgated as part of the merely approves state law as meeting Reporting and recordkeeping Tailoring Rule. Specifically, the Federal requirements and does not requirements. impose additional requirements beyond provisions that were removed included Dated: May 16, 2018. regulations under review that required those imposed by state law. For that Cathy Stepp, sources to obtain a permit based only reason, this action: upon their potential greenhouse gas • Is not a significant regulatory action Regional Administrator, Region 5. emissions (40 CFR 51.166(b)(48)(v) and subject to review by the Office of [FR Doc. 2018–11197 Filed 5–24–18; 8:45 am] 40 CFR 52.21(b)(49)(v)), and regulations Management and Budget under BILLING CODE 6560–50–P under review that required EPA to Executive Orders 12866 (58 FR 51735, consider further phasing-in the October 4, 1993) and 13563 (76 FR 3821, greenhouse gas permitting requirements January 21, 2011); ENVIRONMENTAL PROTECTION at lower greenhouse gas emission • Is not an Executive Order 13771 (82 AGENCY thresholds. 40 CFR 52.22, 40 CFR 70.12, FR 9339, February 2, 2017) regulatory 40 CFR Part 52 and 40 CFR 71.13. action because SIP approvals are The WDNR is modifying its PSD rules exempted under Executive Order 12866; [EPA–R01–OAR–2018–0178; A–1–FRL– in NR 405.07(9) to establish the • Does not impose an information 9978–28—Region 1] collection burden under the provisions conditions under which greenhouse Air Plan Approval; Connecticut; 1997 of the Paperwork Reduction Act (44 gases at a stationary source shall be 8-Hour Ozone Attainment U.S.C. 3501 et seq.); subject to the PSD regulations. Demonstration Following the UARG v. EPA decision on • Is certified as not having a how greenhouse gas emissions are significant economic impact on a AGENCY: Environmental Protection evaluated, WDNR’s modification substantial number of small entities Agency (EPA).

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ACTION: Proposed rule. Suite 100 Boston, MA. EPA requests Interested parties may participate in the that if at all possible, you contact the Federal rulemaking procedure by SUMMARY: The Environmental Protection contact listed in the FOR FURTHER submitting written comments to this Agency (EPA) is proposing action on the INFORMATION CONTACT section to proposed rule by following the ozone attainment portion of a State schedule your inspection. The Regional instructions listed in the ADDRESSES Implementation Plan (SIP) revision Office’s official hours of business are section of this Federal Register submitted by the State of Connecticut to Monday through Friday, 8:30 a.m. to document. meet the Clean Air Act (CAA) 4:30 p.m., excluding legal holidays. requirements for attaining the 1997 8- II. What is the background for the FOR FURTHER INFORMATION CONTACT: Eric EPA’s proposed action? hour ozone national ambient air quality Wortman, Air Permits, Toxics, and standard (NAAQS). The EPA is Indoor Programs Unit, U.S. A. History of Connecticut Ozone proposing to approve Connecticut’s Environmental Protection Agency, EPA Attainment Demonstrations demonstration of attainment of the 1997 New England Regional Office, 5 Post In 1997, the EPA revised the health- 8-hour ozone NAAQS for the New York- Office Square—Suite 100 (Mail Code Northern New Jersey-Long Island, NY- based NAAQS for ozone, setting it at OEP05–2), Boston, MA 02109–3912, 0.08 (parts per million) ppm averaged NJ-CT moderate 1997 8-hour ozone phone number: (617) 918–1624, fax nonattainment area (hereafter, the NY- over an 8-hour time frame. The EPA set number: (617) 918–0624, email: the 8-hour ozone standard based on NJ-CT area or the NY-NJ-CT [email protected]. nonattainment area). In addition, the scientific evidence demonstrating that SUPPLEMENTARY INFORMATION: EPA is proposing to approve ozone causes adverse health effects at Throughout this document whenever Connecticut’s reasonably available lower ozone concentrations and over ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean control measures (RACM) analysis. This longer periods of time than was EPA. action is being taken under the Clean understood when the pre-existing 1- Air Act. Table of Contents hour ozone standard was set. EPA determined that the 8-hour standard DATES: Written comments must be I. What action is the EPA proposing? would be more protective of human received on or before June 25, 2018. II. What is the background for the EPA’s health, especially with regard to ADDRESSES: Submit your comments, proposed action? children and adults who are active A. History of Connecticut’s Ozone identified by Docket ID No. EPA–R01– outdoors, and individuals with a pre- OAR–2018–0178 at Attainment Demonstrations B. Moderate Nonattainment Area and Anti- existing respiratory disease, such as www.regulations.gov, or via email to Backsliding Requirements asthma. [email protected]. For comments III. What are we proposing to approve? On April 30, 2004 (69 FR 23858), the submitted at Regulations.gov, follow the IV. What is the EPA’s basis for proposing to EPA finalized its attainment/ online instructions for submitting approve the 1997 attainment nonattainment designations for areas comments. Once submitted, comments demonstration and RACM analysis? across the country with respect to the cannot be edited or removed from A. Air Quality Data and Attainment 1997 8-hour ozone standard of 0.08 Regulations.gov. For either manner of Determinations ppm. These actions became effective on submission, the EPA may publish any B. Components of the Modeled Attainment June 15, 2004. Among those comment received to its public docket. Demonstration C. The EPA’s Evaluation nonattainment areas is the NY-NJ-CT Do not submit electronically any V. Proposed Action area. The NY-NJ-CT nonattainment area information you consider to be VI. Statutory and Executive Order Reviews is composed of: Bergen, Essex, Hudson, Confidential Business Information (CBI) Hunterdon, Middlesex, Monmouth, or other information whose disclosure is I. What action is the EPA proposing? Morris, Passaic, Somerset, Sussex, restricted by statute. Multimedia On August 8, 2017, Connecticut Union, and Warren Counties in New submissions (audio, video, etc.) must be submitted comprehensive revisions to Jersey; Bronx, Kings, Nassau, New York, accompanied by a written comment. its SIP for the 8-hour ozone NAAQS. Queens, Richmond, Rockland, Suffolk, The written comment is considered the The SIP revisions included, among and Westchester Counties in New York; official comment and should include other things, an attainment and Fairfield, Middlesex, and New discussion of all points you wish to demonstration for the Connecticut Haven Counties in Connecticut. See 40 make. The EPA will generally not portion of the NY-NJ-CT nonattainment CFR 81.307, 81.331, and 81.333. In consider comments or comment area for the 1997 and 2008 ozone addition, the remaining five counties in contents located outside of the primary NAAQS. The EPA’s review of this Connecticut were also designated submission (i.e., on the web, cloud, or material indicates that the NY-NJ-CT nonattainment, as the Greater other file sharing system). For nonattainment area is attaining the 1997 Connecticut moderate ozone additional submission methods, please ozone NAAQS. The EPA is proposing to nonattainment area. See 40 CFR 81.307. contact the person identified in the FOR approve the portion of the Connecticut Also, on April 30, 2004 (69 FR 23951), FURTHER INFORMATION CONTACT section. SIP revision which demonstrates the EPA promulgated the Phase 1 8-hour For the full EPA public comment policy, attainment of the 1997 ozone NAAQS. ozone implementation rule which information about CBI or multimedia The EPA is also proposing to approve provided how areas designated submissions, and general guidance on the associated RACM analysis for the nonattainment for the 1997 8-hour making effective comments, please visit same area. The EPA will address other ozone standard would be classified. www.epa.gov/dockets/commenting-epa- components of the August 8, 2017 SIP These designations triggered the CAA dockets. Publicly available docket submittal in separate forthcoming requirements under section 182(b) for materials are available at actions. moderate nonattainment areas, www.regulations.gov or at the U.S. The EPA is soliciting public including a requirement to submit an Environmental Protection Agency, EPA comments on the issues discussed in attainment demonstration. The EPA’s New England Regional Office, Office of this document or on other relevant Phase 2 8-hour ozone implementation Ecosystem Protection, Air Quality matters. These comments will be rule (Phase 2 rule), published on Planning Unit, 5 Post Office Square— considered before taking final action. November 29, 2005 (70 FR 71612),

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specifies that states must submit On December 26, 2013, the EPA issued tribal area designation requests for the attainment demonstrations for their a final rule approving the portion of 2015 ozone NAAQS on or about nonattainment areas to the EPA by no Connecticut’s February 1, 2008 ozone December 20, 2017 and published a later than three years from the effective attainment demonstration of the 1997 document in the Federal Register on date of designation, that is, by June 15, ozone NAAQS and RACM analysis for January 5, 2018. See 83 FR 651 (January 2007. See 40 CFR 51.908(a). the Greater Connecticut nonattainment 5, 2018). On April 30, 2018, the EPA Subsequently, Connecticut submitted area. See 78 FR 78272 (December 26, finalized designations for the 2015 attainment demonstrations and 2013). However, the May 2013 proposed ozone NAAQS for the remaining areas associated SIP revisions for the approval for the NY-NJ-CT of the country, except for eight counties Connecticut portion of the NY-NJ-CT nonattainment area portion of the in the San Antonio, Texas area.2 At this nonattainment area and Greater February 1, 2008 SIP submittal was time, the EPA has not finalized Connecticut nonattainment area on never finalized. implementation guidelines for the 2015 February 1, 2008. On March 12, 2008 (73 FR 16436), the ozone NAAQS. Section 182(j) of the CAA requires EPA revised the ozone NAAQS to a The June 18, 2012 CDD for the NY-NJ- each state within a multi-state ozone level of 0.075 ppm to provide increased CT area with respect to the 1997 8-hour nonattainment area to specifically use protection of public health and the ozone NAAQS suspended the three photochemical grid modeling and take environment. State and Federal states’ obligations to submit attainment- all reasonable steps to coordinate, emission reduction efforts adopted to related planning requirements, substantively and procedurally, the meet the 1997 8-hour ozone standard including the obligation to submit revisions and implementation of SIPs continued with the implementation of attainment demonstrations, RACM and applicable to the nonattainment area. the 2008 ozone NAAQS. On May 21, reasonable further progress (RFP) plans, Under this subsection of the CAA, the 2012 (77 FR 30088), the EPA designated and contingency measures. On May 15, EPA may not approve any SIP revision as nonattainment any area that was 2014 (79 FR 27830), the EPA proposed for a State that fails to comply with violating the 2008 8-hour ozone NAAQS to rescind this CDD for the area based these requirements. Among other things, based on the three most recent calendar on the fact that the area was no longer Connecticut’s February 1, 2008 SIP years of air quality data. The NY-NJ-CT attaining the 1997 8-hour ozone submittal contained photochemical grid nonattainment area was designated as a standard based on 2010–2012 and 2011– modeling to demonstrate attainment of marginal ozone nonattainment area for 2013 air quality data, and proposed a the 1997 ozone NAAQS for the NY-NJ- the 2008 ozone NAAQS. See 40 CFR SIP Call for submittals from the three CT nonattainment area. On May 8, 2009 81.307, 81.331, and 81.333. The states of new ozone attainment (74 FR 21568), the EPA proposed to boundaries of the 2008 ozone demonstrations for the NY-NJ-CT area disapprove Connecticut’s 8-hour ozone nonattainment area were identical to the for the 1997 ozone NAAQS. The EPA attainment demonstration for the NY- 1997 ozone nonattainment area. As a also proposed that the states could opt NJ-CT nonattainment area, because the result of its ‘‘marginal’’ classification, to respond to the SIP Call for a new EPA determined the photochemical the area was required to attain the 2008 1997 ozone NAAQS attainment modeling did not demonstrate ozone standard by July 20, 2015 1 but demonstration by requesting a voluntary attainment and the weight of evidence was not required to submit an reclassification, or ‘‘bump-up’’, to analysis that Connecticut used to attainment demonstration for the 2008 moderate nonattainment for the 2008 support the attainment demonstration ozone standard. 42 U.S.C. 7511a(a). ozone NAAQS (See CAA section did not include sufficient evidence to Furthermore, the EPA again revised the 181(b)(3)) and submit an attainment provide confidence that the area would ozone NAAQS in 2015, setting the level demonstration for the more stringent attain the 1997 ozone NAAQS by the for both the primary and secondary 2008 standard. Before taking final action June 15, 2010 deadline. The May 2009 NAAQS at 0.070 ppm. See 80 FR 65292 on the rescission of the CDD for the NY- proposal was never finalized. (October 26, 2015). On November 16, NJ-CT area, the EPA issued a proposal On June 18, 2012 (77 FR 36163), the 2017, the EPA published a document in on August 27, 2015 to determine, among EPA issued a clean data determination the Federal Register to establish area other things, that the NY-NJ-CT area (CDD) for the NY-NJ-CT area with designations for the 2015 ozone NAAQS failed to attain the 2008 NAAQS by the respect to the 1997 8-hour ozone for 2,646 counties as Attainment/ applicable attainment deadline of July NAAQS and determined the area Unclassifiable or Unclassifiable. See 82 20, 2015. See 80 FR 51992 (August 27, attained the 1997 standard by the June FR 54232 (November 16, 2017). The 2015). The EPA also determined that the 15, 2010 attainment deadline. In a EPA responded to certain state and area was not eligible for a 1-year separate action, the EPA made a attainment date extension because the determination of attainment of the 1997 1 The EPA originally established the attainment 4th highest daily maximum 8-hour ozone NAAQS for the Greater deadline to meet the 2008 ozone NAAQS to be average for at least one monitor in the Connecticut nonattainment area based December 31, 2015. See 77 FR 30167, May 21, 2012. Pursuant to a challenge of the EPA’s interpretation area was greater than 0.075 ppm for on three years of monitoring data. See of the attainment deadlines, on December 23, 2014, 2014, the year preceding the attainment 75 FR 53219 (August 31, 2010). On May the D.C. Circuit issued a decision rejecting, among year. 9, 2013, the EPA proposed to approve other things, the Classifications Rule’s attainment On May 4, 2016, the EPA finalized the the February 1, 2008 SIP submittal deadlines for the 2008 ozone nonattainment areas. determination that the NY-NJ-CT The court found that the EPA did not have statutory consisting of the ozone attainment authority under the CAA to extend those deadlines nonattainment area failed to attain the demonstrations and RACM analysis for to the end of the calendar year. NRDC v. EPA, 777 2008 standard by the Marginal the 1997 ozone NAAQS. See 78 FR F.3d 456, 464–69 (D.C. Cir. 2014). Accordingly, as nonattainment area attainment date of part of the final 2008 ozone NAAQS SIP 27161 (May 9, 2013). In this action, the Requirements Rule (See 80 FR 12264, March 6, July 20, 2015, and reclassified the area EPA proposed to approve the 2015), the EPA modified the maximum attainment to moderate for that standard by demonstrations of attainment of the dates for all nonattainment areas for the 2008 ozone 1997 ozone standard and RACM NAAQS, consistent with the court’s decision. The 2 Additional Information on the EPA’s regulatory analysis for Connecticut’s portion of the rule established a deadline for marginal attainment actions regarding designations for the 2015 ozone areas of 3 years from the effective date of the NAAQS is available on the EPA’s website at NY-NJ-CT nonattainment area and the designation, or July 20, 2015 to attain the 2008 www.epa.gov/ozone-designations/ozone- Greater Connecticut nonattainment area. ozone NAAQS. designations-regulatory-actions.

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operation of law in accordance with February 1, 2008. Although the EPA did This proposed action addresses CAA section 181(b)(2)(A). See 81 FR not take final action on the February 1, Connecticut’s demonstrations of 26697 (May 4, 2016). The action also 2008 attainment demonstration for the attainment of the 1997 8-hour ozone finalized the proposed rescission of the 1997 ozone NAAQS for the Connecticut standard and associated RACM analysis CDD for the NY-NJ-CT area with respect portion of the NJ-NJ-CT area, the EPA for the Connecticut portion of the NY- to the 1997 ozone NAAQS, and also approved Connecticut’s RFP plan and NJ-CT area, submitted by Connecticut finalized the accompanying SIP Call. 2002 Base Year Emission Inventories in on February 1, 2008 and August 8, 2017. The SIP Call found that the SIPs for 2012, as well as the 2008 motor vehicle The EPA is taking separate action on the New Jersey, New York, and Connecticut emission budgets and contingency 2011 base year emission inventories, were substantially inadequate for measures associated with the RFP plan. RFP plans, motor vehicle emission demonstrating attainment of the 1997 See 77 FR 50595 (August 22, 2012). The budgets, and contingency measures standard and required the three states to EPA approved Connecticut’s RACT submitted as part of the August 8, 2017 submit new attainment plans. Since the submittals in 2013 and 2014. See 78 FR SIP revisions in a forthcoming Federal area was reclassified by operation of 38587 (July 9, 2013) and 79 FR 32873 Register document. law, the option to request a voluntary (July 9, 2014). IV. What is the EPA’s basis for reclassification under section In the 2008 ozone NAAQS SIP proposing to approve the 1997 182(b)(2)(A) of the CAA was eliminated. Requirements rule, the EPA revoked the attainment demonstration and RACM However, the EPA determined that the 1997 ozone NAAQS for all purposes and analysis? three affected states could meet their established anti-backsliding obligations under the SIP Call for the A. Air Quality Data and Attainment requirements for that NAAQS, which 1997 ozone NAAQS with their moderate Determinations include submittal of an attainment nonattainment area SIP submittal for the demonstration. See 80 FR 12296 (March Under the regulations at 40 CFR part 2008 standard. The EPA explained that 6, 2015).3 The EPA retained a listing of 50, the 1997 ozone NAAQS is attained because the 2008 standard is more the designated areas for the revoked at a monitoring site when the three-year stringent than the 1997 standard, the 1997 NAAQS in 40 CFR part 81, for average of the annual fourth highest area would necessarily attain the 1997 identifying anti-backsliding daily maximum 8-hour average ambient standard once the area adopted a control air quality ozone concentration is less strategy designed to achieve the tighter requirements that may apply to those areas. Accordingly, in an area than or equal to 0.08 ppm. This three- standard. Moreover, where state year average is referred to as the design planning resources were constrained, designated nonattainment for the 2008 ozone NAAQS and nonattainment for value. When the design value is less those resources were better used than or equal to 0.08 ppm at each focused on attaining the more stringent the 1997 ozone NAAQS, as is the case with the NY-NJ-CT nonattainment area, ambient air quality monitoring site standard. The deadline for submitting within a nonattainment area, then the the moderate nonattainment area SIP Connecticut was obligated to implement area is deemed to be meeting the 1997 revisions for the 2008 standard was the applicable requirements set forth in standard. According to 40 CFR part 50, January 1, 2017. Connecticut submitted 40 CFR 51.1100(o), including the Appendix I, the number of significant a combined attainment demonstration requirement to submit an attainment figures in the level of the standard and RACM analysis for the 1997 and demonstration. dictates the rounding convention for 2008 ozone standards for the III. What are we proposing to approve? comparing the computed 3-year average Connecticut portion of the NY-NJ-CT annual fourth-highest daily maximum 8- area on August 8, 2017. On February 1, 2008, Connecticut submitted a SIP revision that included, hour average ozone concentration with B. Moderate Nonattainment Area and among other things, an ozone the level of the standard. The third Anti-Backsliding Requirements attainment demonstration for the 1997 decimal place of the computed value is The EPA’s November 29, 2005 Phase 8-hour ozone standard and RACM rounded, with values equal to or greater 2 ozone implementation rule addresses, analysis for the Connecticut portion of than 5 rounding up. Thus, a computed among other things, the control the NY-NJ-CT area. On August 8, 2017, 3-year average ozone concentration of obligations that apply to areas Connecticut submitted comprehensive 0.085 ppm is the lowest value that is designated nonattainment for the 1997 revisions to the SIP to satisfy the May greater than 0.08 ppm. On May 23, 2017, Connecticut 8-hour ozone NAAQS. The Phase 1 and 4, 2016 SIP Call. The SIP submittal submitted an exceptional events Phase 2 ozone implementation rules included an ozone attainment demonstration 4 outline the SIP requirements and demonstration for the 2008 ozone claiming that emissions deadlines for various requirements in standard for the Connecticut portion of from a 2016 wildfire near Fort areas designated as moderate the NY-NJ-CT area, which also served as McMurray in Alberta, Canada caused nonattainment. For such areas, an ozone attainment demonstration for elevated ozone levels at air quality modeling and attainment the revoked 1997 ozone NAAQS per the monitors throughout Connecticut, demonstrations with projection year SIP Call. Connecticut’s August 8, 2017 exceeding the 8-hour ozone NAAQS at emission inventories were due by June submittal also included 2011 base year four monitoring stations on May 25 and 15, 2007, along with RFP plans, RACM, emission inventories, RFP plans, RACM 26, 2016. The ozone concentrations motor vehicle emissions budgets and analysis, motor vehicle emission exceeded the 2015 ozone NAAQS at all contingency measures (40 CFR 51.908(a) budgets and contingency measures. four of the monitoring locations, and in and (c), 51.910, 51.912). In addition, some cases exceeded the 1997 and 2008 ozone NAAQS. One of the monitoring moderate nonattainment areas were also 3 In South Coast Air Quality Management District required to submit a reasonably v. EPA, the D.C. Circuit vacated a number of locations, the Westport monitoring available control technology (RACT) provisions in the 2008 Ozone SIP Requirements SIP. Connecticut submitted an initial Rule, but that decision did not affect the rule’s anti- 4 Connecticut’s exceptional event demonstration backsliding requirement to submit an attainment was submitted in accordance with the revised attainment demonstration for the 1997 demonstration for the 1997 ozone NAAQS. South Exceptional Events Rule found in §§ 50.14 and ozone NAAQS for the Connecticut Coast Air Quality Management District v. EPA, No. 51.930 of 40 CFR parts 50 and 51. See 81 FR 68216 portion of the NY-NJ-CT area on 15–1115 (D.C. Cir. February 16, 2018). (October 3, 2016).

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station, is located in the NY-NJ-CT that review in the future after data is for the timely attainment and nonattainment area. The EPA concurred complete, quality-assured, certified and maintenance of the national standard.’’ on Connecticut’s exceptional events submitted to the EPA. See 40 CFR 51.112(a). The EPA demonstration on July 31, 2017, finding As previously discussed, Connecticut determined that states must use that Connecticut demonstrated a clear submitted an attainment demonstration photochemical grid modeling, or any causal relationship between the Fort and RACM analysis for the 1997 8-hour other analytical method determined by McMurray wildfire and the ozone ozone NAAQS for the Connecticut the Administrator to be at least as exceedances at the Westport monitoring portion of the NY-NJ-CT area on effective, to demonstrate attainment of February 1, 2008. On June 18, 2012 (77 station on May 25 and 26, 2016, and the ozone health-based standard in areas FR 36163), the EPA determined the area that wildfires are natural events that are classified as ‘‘moderate’’ or above, and not reasonably preventable and not had attained the standard by the June to do so by the required attainment date. reasonably controllable.5 As a result of 15, 2010 attainment deadline and issued the EPA’s concurrence, the 2014–2016 a CDD for the NY-NJ-CT nonattainment See 40 CFR 51.908(c). The EPA requires design value at the Westport monitoring area. The CDD suspended Connecticut’s an attainment demonstration using air location was reduced from 0.085 ppm to obligation to submit attainment-related quality modeling that meets the EPA’s 0.083 ppm, and the NY-NJ-CT planning requirements, including the guidelines. The model analysis can be nonattainment area therefore attained obligation to submit attainment supplemented by a ‘‘weight of the 1997 ozone NAAQS. demonstrations. The EPA rescinded the evidence’’ analysis in which the state The EPA has reviewed the 8-hour CDD on May 4, 2016 based on the fact can use a variety of information to ozone ambient air quality monitoring that the area was no longer attaining the enhance the conclusions reached by the data for the 2014–2016 monitoring standard, and issued a SIP Call for a photochemical model analysis. In the period for the NY-NJ-CT area, as new attainment demonstration for the case of the August 8, 2017 submittal for recorded in the EPA’s Air Quality 1997 8-hour ozone NAAQS for the NY- the Connecticut portion of the NY-NJ- System (AQS) database. Air quality NJ-CT area. As previously discussed, the CT area, the weight of evidence also monitoring data from each year for EPA determined that the submission of included monitoring evidence that the 2014–2016 has been certified by a moderate nonattainment area area design value is attaining the 1997 Connecticut, New Jersey and New York attainment plan for the more stringent standard. The EPA has determined that in accordance with 40 CFR 58.15, and 2008 ozone NAAQS would satisfy the the photochemical grid modeling AQS reflects this. Based on that review, SIP Call for the NY-NJ-CT area in conducted by the State is consistent the EPA has concluded that the NY-NJ- relation to the 1997 ozone standard. with the EPA’s guidelines and the CT area has a 2014–2016 design value Connecticut submitted a combined model performed acceptably. See 40 of 0.083 ppm 6 and is in attainment for attainment demonstration and RACM CFR 51.908(c). the 1997 ozone NAAQS.7 Certified data analysis for the 1997 and 2008 8-hour for 2017 in the NY-NJ-CT area and the ozone NAAQS on August 8, 2017. C. The EPA’s Evaluation 2015–2017 design value are consistent Section 110(k)(2) of the CAA requires with continued attainment. The EPA the EPA to take action on any In its attainment demonstration, has a continuing obligation to review administratively complete SIP revision Connecticut included results from the the air quality data each year to submittal within 12 months of the SIP Ozone Transport Commission’s (OTC’s) determine whether areas are meeting the being deemed complete. Although the SIP air quality modeling as well as NAAQS and will continue to conduct June 2012 CDD temporarily suspended EPA’s modeling study used in support Connecticut’s obligation to submit an of the final update to the Cross-State Air 5 The EPA’s concurrence on an exceptional events attainment demonstration and RACM Pollution Rule (CSAPR Update).89 The demonstration is a preliminary step in the analysis, it did not suspend the EPA’s model used by the OTC was the regulatory process for actions that may rely on the obligation to take action on the February Community Multi-scale Air Quality dataset containing the event-influenced data and 1, 2008 SIP submittal. The EPA is does not constitute final Agency action. This Model version 5.0.2 (CMAQ) and the proposing to take such final action in proposed approval of Connecticut’s attainment model used by EPA in the CSAPR demonstration is a regulatory action affected by this document. This proposed Update was the Comprehensive Air exclusion of the ozone data for May 25 and 26, rulemaking is intended to address EPA’s 2016. The EPA is publishing this document of its obligations to act on Connecticut’s Quality Model with Extensions version proposed action in the Federal Register. The EPA’s 6.2 (CAMx). Each of these models is a concurrence letter and accompanying technical attainment demonstration and RACM support document on the exceptional events analysis for the State’s portion of the photochemical grid model capable of demonstration, as well as the exceptional events NY-NJ-CT area submitted on February 1, simulating ozone production on a demonstration submitted by Connecticut, are 2008, and also is intended to approve regional or national scale. Both the OTC included in the docket as part of the technical basis CMAQ model and the EPA’s CAMx for this proposal. the portion of the August 8, 2017 SIP 6 The regulations at 40 CFR part 50, Appendix I submittal regarding the updated model projected 2017 design value specify that the design value shall be based on three attainment demonstration and RACM results that all air quality monitors in consecutive, complete calendar years of air quality analysis for the 1997 8-hour ozone Southwest Connecticut will attain the monitoring data. This requirement is met for the three-year period at a monitoring site if daily NAAQS for the Connecticut portion of 1997 ozone NAAQS in 2017. In maximum 8-hour average concentrations are the NY-NJ-CT area. addition, modeling results predict all available for at least 90%, on average, of the days monitors in the NY-NJ-CT during the designated ozone monitoring season, B. Components of the Modeled with a minimum data completeness in any one year Attainment Demonstration 8 The OTC modeling results are available in the of at least 75% of the designated sampling days. Air Section 110(a)(2)(k) of the Act ‘‘Technical Support Document for the 2011 Ozone quality monitoring data for 2016 does not meet the Transport Commission/Mid-Atlantic Northeastern completeness criteria in 40 CFR part 50 and the requires states to prepare air quality Visibility Union Modeling Platform’’, November 15, EPA has not conducted a missing data analysis. modeling to demonstrate how they will 2016 in the docket for this action. This action is not making a formal determination meet ambient air quality standards. The of attainment or clean data determination. 9 The EPA’s final rule titled Cross-State Air 7 The 2014–2016 design values are available on SIP must demonstrate that the Pollution Rule Update for the 2008 Ozone NAAQS the EPA’s website at: www.epa.gov/air-trends/air- ‘‘measures, rules, and regulations was published in the Federal Register on October quality-design-values#report. contained in it are adequate to provide 26, 2016. See 81 FR 74504 (October 26, 2016).

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nonattainment area will attain the 1997 February 1, 2008 SIP revision for the • Is not a significant regulatory action ozone NAAQS in 2017.10 1997 ozone NAAQS, as well as the subject to Executive Order 13211 (66 FR In summary, the photochemical grid attainment demonstration and RACM 28355, May 22, 2001); modeling used by Connecticut in its analysis portion of the August 8, 2017 • Is not subject to requirements of August 8, 2017 SIP submittal to SIP submittal for the 1997 ozone section 12(d) of the National demonstrate attainment of the 1997 NAAQS for the Connecticut portion of Technology Transfer and Advancement ozone NAAQS meets the EPA’s the NY-NJ-CT area. Act of 1995 (15 U.S.C. 272 note) because guidelines and is acceptable to the EPA. EPA is soliciting public comments on application of those requirements would Air quality monitoring data for 2014– the issues discussed in this proposal or be inconsistent with the Clean Air Act; 2016 also demonstrates attainment of on other relevant matters. These and the 1997 8-hour ozone standard comments will be considered before • Does not provide EPA with the throughout the NY-NJ-CT area. The EPA takes final action. Interested parties discretionary authority to address, as purpose of the attainment may participate in the Federal appropriate, disproportionate human demonstration is to demonstrate how, rulemaking procedure by submitting health or environmental effects, using through enforceable and approvable comments to this proposed rule by practicable and legally permissible emission reductions, an area will meet following the instructions listed in the methods, under Executive Order 12898 the standard by the attainment date. The ADDRESSES section of this Federal (59 FR 7629, February 16, 1994). purpose of the RACM analysis is to Register document. In addition, the SIP is not approved show that the State has considered all to apply on any Indian reservation land reasonable available control measures to VI. Statutory and Executive Order or in any other area where EPA or an achieve attainment of the 1997 8-hour Reviews Indian tribe has demonstrated that a ozone standard. All necessary ozone Under the Clean Air Act, the tribe has jurisdiction. In those areas of control measures have already been Administrator is required to approve a Indian country, the rule does not have adopted, submitted, approved and SIP submission that complies with the tribal implications and will not impose implemented. Based on (1) the State provisions of the Act and applicable substantial direct costs on tribal following the EPA’s modeling guidance, Federal regulations. 42 U.S.C. 7410(k); governments or preempt tribal law as (2) the modeled attainment of 1997 40 CFR 52.02(a). Thus, in reviewing SIP specified by Executive Order 13175 (65 standard, (3) the air quality monitoring submissions, EPA’s role is to approve FR 67249, November 9, 2000). data for 2014–2016, and (4) the state choices, provided that they meet List of Subjects in 40 CFR Part 52 implemented SIP-approved control the criteria of the Clean Air Act. measures, the EPA is proposing to Accordingly, this proposed action Environmental protection, Air approve the attainment demonstration merely approves state law as meeting pollution control, Incorporation by and RACM analysis for the 1997 ozone Federal requirements and does not reference, Intergovernmental relations, NAAQS for the Connecticut portion of impose additional requirements beyond Nitrogen dioxide, Ozone, Particulate the NY-NJ-CT area. The EPA is not those imposed by state law. For that matter, Reporting and recordkeeping taking action on the attainment reason, this proposed action: requirements, Volatile organic compounds. demonstration and RACM analysis for • Is not a significant regulatory action the 2008 ozone NAAQS at this time. subject to review by the Office of Dated: May 17, 2018. V. Proposed Action Management and Budget under Alexandra Dunn, The EPA has evaluated the Executive Orders 12866 (58 FR 51735, Regional Administrator, EPA Region 1. information provided by Connecticut October 4, 1993) and 13563 (76 FR 3821, [FR Doc. 2018–11199 Filed 5–24–18; 8:45 am] and has considered all other January 21, 2011); BILLING CODE 6560–50–P • information it deems relevant to Is not expected to be an Executive attainment of the 1997 8-hour ozone Order 13771 regulatory action because standard, i.e., statewide RACT analysis this action is not significant under ENVIRONMENTAL PROTECTION approval, RFP plan approvals, Executive Order 12866. AGENCY continued attainment of the 1997 8-hour • Does not impose an information 40 CFR Part 52 ozone standard based on quality assured collection burden under the provisions and certified monitoring data, and the of the Paperwork Reduction Act (44 [EPA–R01–OAR–2018–0269; FRL–9977– implementation of the more stringent U.S.C. 3501 et seq.); 87—Region 1] 2008 8-hour ozone standard. The EPA is • Is certified as not having a therefore proposing to approve the significant economic impact on a Air Plan Approval; Maine; attainment demonstration and RACM substantial number of small entities Infrastructure Requirement for the analysis for the Connecticut portion of under the Regulatory Flexibility Act (5 2010 Nitrogen Dioxide National the NY-NJ-CT area for the 1997 ozone U.S.C. 601 et seq.); Ambient Air Quality Standard • NAAQS. This proposed rulemaking is Does not contain any unfunded AGENCY: Environmental Protection intended to address the EPA’s mandate or significantly or uniquely Agency (EPA). affect small governments, as described obligations to act on Connecticut’s ACTION: Proposed rule. in the Unfunded Mandates Reform Act 10 The OTC CMAQ and EPA CAMx modeling of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection results for all monitors in the NY-NJ-CT • Does not have Federalism Agency (EPA) is proposing to approve a nonattainment area predict all monitors will attain implications as specified in Executive the 1997 NAAQS in 2017. In addition, the OTC February 21, 2018, State CMAQ modeling analysis was used to demonstrate Order 13132 (64 FR 43255, August 10, Implementation Plan (SIP) revision attainment with the 1997 ozone NAAQS in the 1999); submitted by the State of Maine. This November 2017 attainment demonstration • Is not an economically significant revision addresses the interstate submitted by the New York Department of Conservation and the December 2017 attainment regulatory action based on health or transport requirements of the Clean Air demonstration submitted by the New Jersey safety risks subject to Executive Order Act (CAA) with respect to the 2010 Department of Environmental Protection. 13045 (62 FR 19885, April 23, 1997); primary nitrogen dioxide (NO2) National

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Ambient Air Quality Standard ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean individual state submissions may vary (NAAQS). This action proposes to EPA. depending upon the facts and approve Maine’s demonstration that the circumstances, and may also vary Table of Contents State is meeting its obligations regarding depending upon what provisions the the interstate transport of NO2 emissions I. Background state’s approved SIP already contains. into other states. This action is being II. Section 110(a)(2)(D)(i)(I)—Interstate On June 7, 2013, the Maine taken under the CAA. Transport Department of Environmental Protection III. State Submittal (ME DEP) submitted for EPA approval DATES: Written comments must be IV. EPA’s Evaluation revisions to its SIP, certifying that its received on or before June 25, 2018. V. Proposed Action VI. Statutory and Executive Order Reviews SIP meets all but one of the ADDRESSES: Submit your comments, requirements of section 110(a)(2) of the identified by Docket ID No. EPA–R01– I. Background CAA with respect to the 2010 primary OAR–2018–0269 at NO NAAQS. The State did not include On February 9, 2010, EPA 2 www.regulations.gov, or via email to in its submittal a certification for the promulgated a new 1-hour primary [email protected]. For comments transport element of CAA section NAAQS for NO at a level of 100 parts submitted at Regulations.gov, follow the 2 110(a)(2)(D)(i)(I). On March 26, 2018, per billion (ppb), based on a 3-year online instructions for submitting EPA proposed to approve ME DEP’s average of the 98th percentile of the comments. Once submitted, comments certification that its SIP was adequate to yearly distribution of 1-hour daily cannot be edited or removed from meet most of the program elements maximum concentrations. See 75 FR Regulations.gov. For either manner of required by section 110(a)(2) of the CAA 6474. This NAAQS is designed to submission, the EPA may publish any with the exception of subsection (E) protect against exposure to the entire comment received to its public docket. regarding state boards, for which EPA group of nitrogen oxides (NO ). NO is Do not submit electronically any X 2 proposed a conditional approval. See 83 the component of greatest concern and information you consider to be FR 12905. Confidential Business Information (CBI) is used as the indicator for the larger On February 21, 2018, ME DEP or other information whose disclosure is group of NOX Emissions that lead to the submitted an analysis addressing the restricted by statute. Multimedia formation of NO2 generally also lead to transport elements of CAA section submissions (audio, video, etc.) must be the formation of other NOX Therefore, 110(a)(2)(D)(i)(I) for the 2010 primary control measures that reduce NO2 can accompanied by a written comment. NO2 NAAQS. The written comment is considered the generally be expected to reduce II. Section 110(a)(2)(D)(i)(I)—Interstate official comment and should include population exposures to all gaseous Transport discussion of all points you wish to NOX which may have the co-benefit of reducing the formation of ozone and make. The EPA will generally not Section 110(a)(2)(D)(i)(I) requires SIPs fine particles, both of which pose consider comments or comment to include provisions prohibiting any significant public health threats. contents located outside of the primary source or other type of emissions Pursuant to section 110(a)(1) of the submission (i.e. on the web, cloud, or activity in one state from emitting any CAA, states are required to submit SIPs other file sharing system). For air pollutant in amounts that will meeting the applicable requirements of additional submission methods, please contribute significantly to section 110(a)(2) within three years after contact the person identified in the FOR nonattainment, or interfere with promulgation of a new or revised maintenance, of the NAAQS in another FURTHER INFORMATION CONTACT section. NAAQS, or within such shorter period For the full EPA public comment policy, state. The two clauses of this section are as EPA may prescribe.1 These SIPs, information about CBI or multimedia referred to as prong 1 (significant which EPA has historically referred to submissions, and general guidance on contribution to nonattainment) and as ‘‘infrastructure SIPs,’’ are to provide making effective comments, please visit prong 2 (interference with maintenance for the ‘‘implementation, maintenance, www.epa.gov/dockets/commenting-epa- of the NAAQS). and enforcement’’ of such NAAQS, and dockets. Publicly available docket the requirements are designed to ensure III. State Submittal materials are available at that the structural components of each www.regulations.gov or at the U.S. Maine presents several facts in its SIP state’s air quality management program Environmental Protection Agency, EPA submittal concerning the current and are adequate to meet the state’s New England Regional Office, Office of future impact of in-state NO2 emissions responsibilities under the CAA. A Ecosystem Protection, Air Quality on nonattainment, and interference with detailed history, interpretation, and Planning Unit, 5 Post Office Square— maintenance, of the NO2 NAAQS in rationale of these SIPs and their Suite 100, Boston, MA. EPA requests another state. The approach used to requirements can be found in, among that if at all possible, you contact the analyze the effects of transport for NO2 other documents, EPA’s May 13, 2014 contact listed in the FOR FURTHER emissions from Maine consists of three proposed rulemaking titled, INFORMATION CONTACT section to elements: (1) The fact that all areas in ‘‘Infrastructure SIP Requirements for the the United States have been designated schedule your inspection. The Regional 2008 Lead NAAQS,’’ in the section Office’s official hours of business are unclassifiable/attainment for the 2010 ‘‘What is the scope of this rulemaking?’’ primary NO2 NAAQS; (2) monitoring Monday through Friday, 8:30 a.m. to See 79 FR 27241 at 27242–45. As noted 4:30 p.m., excluding legal holidays. data continue to show no violations of above, section 110(a) of the CAA that standard at any monitoring station FOR FURTHER INFORMATION CONTACT: imposes an obligation upon states to in New England; and (3) that major Patrick Bird, Office of Ecosystem submit to EPA a SIP submission for a stationary sources of NOX in Maine are Protection, 5 Post Office Square—Suite new or revised NAAQS. The content of subject to a variety of federally- 100 (Mail Code OEP 05–2), Boston, MA enforceable regulations (e.g., prevention 01209–3912, tel. (617) 918–1287, email 1 This requirement applies to both primary and of significant deterioration (PSD) [email protected]. secondary NAAQS, but EPA’s approval in this notice applies only to the 2010 primary NAAQS for permitting requirements under ME SUPPLEMENTARY INFORMATION: NO2 because EPA did not revise the secondary DEP’s 06–096 CMR 115, Major and Throughout this document whenever NAAQS for NO2 in 2010. See 75 FR 35521 & n.2. Minor License Regulations and 06–096

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CMR Chapter 135, Reasonably below the standard at no more than 54% of the Paperwork Reduction Act (44 Achievable Control Technology for of the NO2 NAAQS. U.S.C. 3501 et seq.); 2 Facilities that Emit Nitrogen Oxides ). ME DEP has an EPA-approved PSD • Is certified as not having a Due to these facts, Maine asserts that permitting program and its regulations, significant economic impact on a found at 06–096 CMR 115, ‘‘Major and the State does not contribute to substantial number of small entities Minor License Regulations,’’ contain nonattainment, or interfere with under the Regulatory Flexibility Act (5 appropriate measures to address NOX maintenance, of the NO2 NAAQS in U.S.C. 601 et seq.); another state nor will new sources of emissions from major new and modified • Does not contain any unfunded NO emissions in Maine have such an stationary sources in the State. 2 Similarly, 06–096 CMR Chapter 138, mandate or significantly or uniquely impact in other states. Furthermore, ‘‘Reasonably Achievable Control affect small governments, as described Maine notes that statewide NO X Technology for Facilities that Emit emissions have declined from 95,471 in the Unfunded Mandates Reform Act Nitrogen Oxides,’’ are EPA-approved tons per year in 2000 to 45,214 tons per of 1995 (Pub. L. 104–4); regulations that apply to major existing year in 2016. ME DEP expects the • Does not have Federalism stationary sources of NO in Maine. For downward trend to continue as both X implications as specified in Executive these reasons, EPA proposes that Maine stationary and mobile sources continue Order 13132 (64 FR 43255, August 10, does not significantly contribute to to advance NO controls. X nonattainment in, or interfere with 1999); IV. EPA’s Evaluation maintenance by, any other state with • Is not an economically significant respect to the 2010 NO2 NAAQS and regulatory action based on health or EPA evaluated Maine’s analysis as that its SIP contains adequate measures safety risks subject to Executive Order contained in the State’s February 21, prohibiting such contribution or 13045 (62 FR 19885, April 23, 1997); 2018, infrastructure SIP submittal interference. • Is not a significant regulatory action concerning interstate transport of NO2 emissions as it pertains to CAA section V. Proposed Action subject to Executive Order 13211 (66 FR 110(a)(2)(D)(i)(I) for the 2010 primary In light of the above evaluation, EPA 28355, May 22, 2001); 3 NO2 NAAQS. With respect to is proposing to approve Maine’s • Is not subject to requirements of designations of the 2010 primary NO2 February 21, 2018 infrastructure Section 12(d) of the National NAAQS, Maine correctly asserts that the submittal for the 2010 primary NO2 Technology Transfer and Advancement entire country is designated NAAQS as it pertains to Section Act of 1995 (15 U.S.C. 272 note) because unclassifiable/attainment for the 2010 110(a)(2)(D)(i)(I) of the CAA. EPA is application of those requirements would NO2 NAAQS. See 77 FR 9532 (February soliciting public comments on the be inconsistent with the Clean Air Act; 17, 2012). Those designations are based issues discussed in this notice. These and on three-year design values 4 for the comments will be considered before • Does not provide EPA with the 2008–2010 time period that showed that taking final action. Interested parties discretionary authority to address, as all ambient air quality monitoring may participate in the Federal appropriate, disproportionate human stations monitoring for NO in the rulemaking procedure by submitting 2 health or environmental effects, using United States met the NAAQS. The comments to this proposed rulemaking most recent three-year design value by following the instructions listed in practicable and legally permissible period, spanning 2014–2016, indicate the ADDRESSES section of this Federal methods, under Executive Order 12898 continued attainment of the 2010 Register. (59 FR 7629, February 16, 1994). primary NO2 NAAQS at all NO2 VI. Statutory and Executive Order In addition, the SIP is not approved 5 monitoring stations in the country. Reviews to apply on any Indian reservation land Furthermore, measurements from the or in any other area where EPA or an most recent three-year design value Under the Clean Air Act, the Indian tribe has demonstrated that a period showed that all ambient air Administrator is required to approve a tribe has jurisdiction. In those areas of quality monitoring sites in Maine and SIP submission that complies with the Indian country, the rule does not have the other New England states were well provisions of the Act and applicable tribal implications and will not impose Federal regulations. 42 U.S.C. 7410(k); substantial direct costs on tribal 2 40 CFR 52.02(a). Thus, in reviewing SIP EPA notes that Maine’s NOX reasonably governments or preempt tribal law as submissions, EPA’s role is to approve available control technology rule is located at 06– specified by Executive Order 13175 (65 096 CMR Chapter 138, not 06–096 CMR Chapter state choices, provided that they meet FR 67249, November 9, 2000). 135. the criteria of the Clean Air Act. 3 EPA notes that the evaluation of other states’ Accordingly, this proposed action List of Subjects in 40 CFR Part 52 satisfaction of section 110(a)(2)(D)(i)(I) for the 2010 merely approves state law as meeting NO2 NAAQS can be informed by similar factors found in this proposed rulemaking, but may not be Federal requirements and does not Environmental protection, Air identical to the approach taken in this or any future impose additional requirements beyond pollution control, Incorporation by rulemaking for Maine and depends on available those imposed by state law. For that reference, Intergovernmental relations, information and state-specific circumstances. reason, this proposed action: Nitrogen dioxide, Ozone, Particulate 4 A ‘‘design value’’ is a statistic that describes the • air quality status of a given location relative to the Is not a significant regulatory action matter, Reporting and recordkeeping level of the NAAQS. The interpretation of the 2010 subject to review by the Office of requirements. primary NO2 NAAQS (set at 100 ppb) including the Management and Budget under Dated: May 17, 2018. data handling conventions and calculations Executive Orders 12866 (58 FR 51735, necessary for determining compliance with the October 4, 1993) and 13563 (76 FR 3821, Alexandra Dunn, NAAQS can be found in Appendix T to 40 CFR part Regional Administrator, EPA Region 1. 50. January 21, 2011); [FR Doc. 2018–11200 Filed 5–24–18; 8:45 am] 5 See www.epa.gov/air-trends/air-quality-design- • Does not impose an information values for NO2 design values. collection burden under the provisions BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION submissions (audio, video, etc.) must be 400.02(162) to add Trans-1,3,3,3- AGENCY accompanied by a written comment. tetrafluoropropene (HFO-1234ze), The written comment is considered the HCF2OCF2H (HFE-134), 40 CFR Part 52 official comment and should include HCF2OCF2OCF2H (HFE-236cal2), [EPA–R05–OAR–2017–0279; FRL–9978– discussion of all points you wish to HCF2OCF2CF2OCF2H (HFE-338pcc13), 64—Region 5] make. EPA will generally not consider HCF2OCF2OCF2CF2OCF2H (H-Galaden comments or comment contents located 1040X or H-Galden ZT 130 (or 150 or Approval and Promulgation of Air outside of the primary submission (i.e., 180), Trans-1-chloro-3,3,3-triflouroprop- Quality Implementation Plans; on the web, cloud, or other file sharing 1-ene (SolsticeTM 1233zd(E)), 2,3,3,3- Wisconsin; VOC Definition Update and system). For additional submission tetraflouropropene (HFO-1234yf), and 2- Removal of Obsolete Gasoline Vapor methods, please contact the person amino-2-methyl-1-propanol (AMP; CAS Recovery Regulations identified in the FOR FURTHER number 124–68–5) to the list of INFORMATION CONTACT section. For the excluded compounds at NR 400.02(162). AGENCY: Environmental Protection Wisconsin took this action based on Agency (EPA). full EPA public comment policy, information about CBI or multimedia EPA’s 2012, 2013, and 2014 ACTION: Proposed rule. submissions, and general guidance on rulemakings in which EPA determined SUMMARY: EPA is proposing to approve making effective comments, please visit that these compounds have a negligible a request submitted by the Wisconsin http://www2.epa.gov/dockets/ contribution to tropospheric ozone Department of Natural Resources commenting-epa-dockets. formation and thus should be excluded (WDNR) on May 16, 2017, to revise the FOR FURTHER INFORMATION CONTACT: from the definition of VOC codified at Wisconsin State Implementation Plan Francisco J. Acevedo, Mobile Source 40 CFR 51.100(s). See 77 FR 37610 (June (SIP). The submission includes Program Manager, Control Strategies 22, 2012); 78 FR 9823 (February 12, amendments to the Wisconsin Section, Air Programs Branch (AR–18J), 2013); 78 FR 62451 (October 22, 2013); Administrative Code updating the Environmental Protection Agency, 78 FR 53029 (August 28, 2013); and 79 definition of ‘‘volatile organic Region 5, 77 West Jackson Boulevard, FR 18037 (March 27, 2014). This action compound (VOC)’’ to add eight Chicago, Illinois 60604, (312) 886–6061, also proposes to approve minor compounds to the list of exempted [email protected]. grammatical edits for clarity in NR 420.02(39), NR 420.03(4)(b)3, NR compounds. These revisions are based SUPPLEMENTARY INFORMATION: on EPA rulemakings in 2012, 2013, and 420.04(1)(b)4, and NR 420.04(3)(c)1. Throughout this document whenever EPA is also proposing to approve the 2014, which added these compounds to ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the list of chemical compounds that are withdrawal of several remaining EPA. This supplementary information provisions from the Wisconsin SIP that excluded from the Federal definition of section is arranged as follows: VOC because, in their intended used, are related to the Stage II vapor recovery I. What is the background for this action? they make negligible contributions to program that was terminated by A. When did the State submit the SIP Wisconsin in 2012. Wisconsin originally tropospheric ozone formation. In revision to EPA? addition, WDNR is also requesting to submitted a SIP revision to EPA on B. Did Wisconsin hold public hearings on November 18, 1992, to satisfy the withdraw several previously approved this SIP revision? provisions of the Wisconsin II. What is EPA proposing to approve? requirement of section 182(b)(3) of the Administrative Code from the SIP III. What is EPA’s analysis of the SIP CAA. The revision applied to the concerning the State’s Stage II vapor revision? counties of Kenosha, Kewanee, recovery (Stage II) program that IV. What action is EPA proposing to take? Manitowoc, Milwaukee, Ozaukee, V. Incorporation by Reference Racine, Sheboygan, Washington and terminated in 2012. EPA approved the VI. Statutory and Executive Order Reviews removal of the Stage II program as a Waukesha, and was incorporated into the WDNR’s 1993–94 ozone 15% component of the Wisconsin SIP in I. What is the background for this Control Plan. EPA fully approved 2013, including the approval of a action? Wisconsin’s Stage II program on August demonstration under section 110(l) of A. When did the State submit the SIP 13, 1993 (53 FR 43080), including the the Clean Air Act (CAA) that addressed revision to EPA? program’s legal authority and emissions impacts associated with the administrative requirements found in removal of the program. WDNR submitted to EPA a revision to the Wisconsin SIP for approval on May Section 285.31 of the Wisconsin DATES: Comments must be received on 16, 2017. The SIP revision primarily Statutes and Chapter NR 420.045 of the or before June 25, 2018. updates the definition of VOC at Wisconsin Administrative Code. ADDRESSES: Submit your comments, Wisconsin Administrative Code Chapter On November 12, 2012, WDNR identified by Docket ID No. EPA–R05– NR 400.02(162) and removes obsolete submitted a SIP revision requesting the OAR–2017–0279 at http:// State provisions concerning the State’s removal of Stage II requirements under www.regulations.gov, or via email to Stage II program that terminated in 2012 NR 420.045 of the Wisconsin [email protected]. For comments in Southeast Wisconsin. Administrative Code from the submitted at Regulations.gov, follow the Wisconsin SIP. To support the removal online instructions for submitting B. Did Wisconsin hold public hearings of the Stage II requirements, the revision comments. Once submitted, comments on this SIP revision? included a section 110(l) demonstration cannot be edited or removed from WDNR conducted a public hearing in addressing the emissions impacts Regulations.gov. For either manner of Madison, Wisconsin on November 5, associated with the removal of the submission, EPA may publish any 2015. program. On November 4, 2013 (78 FR comment received to its public docket. 65875), EPA approved the removal of Do not submit electronically any II. What is EPA proposing to approve? the Stage II requirements under NR information you consider to be EPA is proposing to approve a 420.045 of the Wisconsin Confidential Business Information (CBI) Wisconsin SIP revision that updates the Administrative Code from the or other information whose disclosure is definition of VOC at Wisconsin Wisconsin SIP. In this action EPA restricted by statute. Multimedia Administrative Code Chapter NR proposes to approve the removal of the

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residual Stage II provisions that attain the national ambient air quality removal of Stage II requirements under remained in place after the program was standard for ozone under title I of the NR 420.045 of the Wisconsin decommissioned. These provisions are CAA (77 FR 37610). EPA’s action Administrative Code from the NR 420.02(8m), 420.02(26), 420.02(32), became effective July 23, 2012. Wisconsin SIP. To support the removal 420.02(38m), NR 425.035, NR Wisconsin’s SIP revision is consistent of the Stage II requirements, the revision 439.06(3)(i), NR 484.05(4), NR 484.05(5), with EPA’s action amending the included a section 110(l) demonstration and NR 494.04. definition of VOC at 40 CFR 51.100(s). addressing the emissions impacts In 2011, EPA received a petition associated with the removal of the III. What is EPA’s analysis of the SIP asking EPA to exempt Trans 1-chloro- program. On November 4, 2013 (78 FR revision? 3,3,3-trifluoroprop-1-ene from the 65875) EPA approved the removal of the In 2005, EPA received a petition definition of VOC. Based on the level of Stage II requirements from the asking EPA to exempt HCF2 OCF2H reactivity of this chemical compound, Wisconsin SIP. In this action EPA is (HFE-134), HCF2OCF2OCF2H (HFE- EPA concluded that this compound proposing to approve the removal of 236cal2), HCF2OCF2CF2OCF2H (HFE- makes a negligible contribution to residual Stage II provisions NR 338pcc13), and tropospheric ozone formation (78 FR 420.02(8m), 420.02(26), 420.02(32), HCF2OCF2OCF2CF2OCF2H (H-Galden 53029, August 28, 2013). Therefore, on 420.02(38m), NR 425.035, NR 1040x or H-Galden ZT 130 (or 150 or August 28, 2013, EPA amended 40 CFR 439.06(3)(i), NR 484.05(4), NR 484.05(5), 180)) from the definition of VOC. Based 51.100(s)(1) to exclude this compound and NR 494.04, which remained in on the level of reactivity of these from the definition of VOC for purposes place after the program was chemical compounds, EPA concluded of preparing SIPs to attain the national decommissioned at the state level. The that these compounds make negligible ambient air quality standard for ozone removal of these provisions from the SIP contributions to tropospheric ozone under title I of the CAA (78 FR 53029). does not have any negative impact on formation (78 FR 9823, February 12, EPA’s action became effective air quality in Southeast Wisconsin, 2013). Therefore, on February 12, 2013, September 27, 2013. Wisconsin’s SIP since the state addressed the overall EPA amended 40 CFR 51.100(s)(1) to revision is consistent with EPA’s action emissions impact resulting from the exclude these compounds from the amending the definition of VOC at 40 2012 termination of the Stage II definition of VOC for purposes of CFR 51.100(s). program. See 78 FR 65875. preparing SIPs to attain the national In 2012, EPA received a petition ambient air quality standard for ozone asking EPA to exempt 2-amino-2- IV. What action is EPA proposing to under title I of the CAA (78 FR 9823). methyl-1-propanol (AMP; CAS number take? EPA’s action became effective March 14, 124–68–5) from the definition of VOC. EPA is proposing to approve the 2013. Wisconsin’s SIP revision is Based on the level of reactivity of this revision to the Wisconsin SIP submitted consistent with EPA’s action amending chemical compound, EPA concluded by WDNR on May 16, 2017, because the the definition of VOC at 40 CFR that this compound makes a negligible revision is consistent with EPA’s prior 51.100(s). contribution to tropospheric ozone actions revising the definition of VOC. In 2009, EPA received a petition formation (79 FR 18037, March 27, In addition, the removal of remaining asking EPA to exempt 2,3,3,3- 2014). Therefore, on March 27, 2014, Stage II program provisions from the SIP tetrafluoropropene (HFO-1234yf) from EPA amended 40 CFR 51.100(s)(1) to meets all applicable requirements, and the definition of VOC. Based on the exclude this compound from the it will not interfere with reasonable level of reactivity of this chemical definition of VOC for purposes of further progress or attainment of any of compound, EPA concluded that this preparing SIPs to attain the national the national ambient air quality compound makes a negligible ambient air quality standard for ozone standards. contribution to tropospheric ozone under title I of the CAA (79 FR 17037). formation (78 FR 62451, October 22, EPA’s action became effective June 25, V. Incorporation by Reference 2013). Therefore, on October 22, 2013, 2014. Wisconsin’s SIP revision is In this rule, EPA is proposing to EPA amended 40 CFR 51.100(s)(1) to consistent with EPA’s action amending include in a final EPA rule regulatory exclude this compound from the the definition of VOC at 40 CFR text that includes incorporation by definition of VOC for purposes of 51.100(s). reference. In accordance with preparing SIPs to attain the national As stated above, EPA has determined requirements of 1 CFR 51.5, EPA is ambient air quality standard for ozone that the compounds outlined in proposing to incorporate by reference under title I of the CAA (78 FR 62451). Wisconsin’s SIP revision all qualify as revisions to Wisconsin Administrative EPA’s action became effective negligibly reactive with respect to their Code provisions NR 400.02(162), NR November 21, 2013. Wisconsin’s SIP contribution to tropospheric ozone 420.02(39), NR 420.0 3(4)(b)3, NR revision is consistent with EPA’s action formation. Although states are not 420.04(1)(b)4, and NR 420.04(3)(c)1, amending the definition of VOC at 40 obligated to exclude from control as published in the Wisconsin Register CFR 51.100(s). VOCs those compounds that the EPA #727 on July 25, 2016 and became In 2009, EPA received a petition has found to be negligibly reactive, effective August 1, 2016. EPA has made, asking EPA to exempt Trans-1,3,3,3- states may not take credit for controlling and will continue to make, these tetrafluoropropene (HFO-1234ze) from these compounds in their ozone control documents generally available through the definition of VOC. Based on the strategies. www.regulations.gov and at the EPA level of reactivity of this chemical In addition, the proposed approval of Region 5 Office (please contact the compound, EPA concluded that this changes in NR 420.02(39), NR person identified in the For FURTHER compound makes a negligible 420.03(4)(b)3, NR 420.04(1)(b)4, and NR INFORMATION CONTACT section of this contribution to tropospheric ozone 420.04(3)(c)1 are administrative in preamble for more information). formation (77 FR 37610, June 22, 2012). nature only, and do not have any Therefore, on June 22, 2012, EPA negative impact on air quality. VI. Statutory and Executive Order amended 40 CFR 51.100(s)(1) to exclude As discussed previously in this Reviews this compound from the definition of action, WDNR submitted a SIP revision Under the CAA, the Administrator is VOC for purposes of preparing SIPs to on November 12, 2012, requesting the required to approve a SIP submission

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that complies with the provisions of the List of Subjects in 40 CFR Part 52 complete the required fields, and enter CAA and applicable Federal regulations. or attach your comments. Environmental protection, Air • 42 U.S.C. 7410(k); 40 CFR 52.02(a). pollution control, Incorporation by Mail: Submit written comments to Thus, in reviewing SIP submissions, reference, Intergovernmental relations, Barry A. Thom, Regional Administrator, EPA’s role is to approve state choices, Nitrogen oxides, Ozone, Volatile organic West Coast Region, NMFS, 501 W Ocean provided that they meet the criteria of compounds. Blvd., Ste. 4200, Long Beach, CA the CAA. Accordingly, this action 90802–4250; Attn: Joshua Lindsay. merely approves State law as meeting Dated: May 16, 2018. • Instructions: Comments sent by any Federal requirements and does not Cathy Stepp, other method, to any other address or impose additional requirements beyond Regional Administrator, Region 5. individual, or received after the end of those imposed by State law. For that [FR Doc. 2018–11313 Filed 5–24–18; 8:45 am] the comment period, may not be reason, this action: BILLING CODE 6560–50–P considered by NMFS. All comments • Is not a ‘‘significant regulatory received are a part of the public record action’’ subject to review by the Office and will generally be posted for public of Management and Budget under DEPARTMENT OF COMMERCE viewing on www.regulations.gov Executive Orders 12866 (58 FR 51735, without change. All personal identifying October 4, 1993) and 13563 (76 FR 3821, National Oceanic and Atmospheric information (e.g., name, address, etc.), January 21, 2011); Administration confidential business information, or • Does not impose an information otherwise sensitive information collection burden under the provisions 50 CFR Part 660 submitted voluntarily by the sender will be publicly accessible. NMFS will of the Paperwork Reduction Act (44 [Docket No. 180320301–8301–01] U.S.C. 3501 et seq.); accept anonymous comments (enter RIN 0648–XG121 ‘‘N/A’’ in the required fields if you wish • Is certified as not having a to remain anonymous). significant economic impact on a Fisheries Off West Coast States; Copies of the report ‘‘Assessment of substantial number of small entities Coastal Pelagic Species Fisheries; Pacific Sardine Resource in 2018 for under the Regulatory Flexibility Act (5 Annual Specifications U.S.A. Management in 2017–2018’’ are U.S.C. 601 et seq.); AGENCY: available http://www.pcouncil.org/wp- • Does not contain any unfunded National Marine Fisheries _ _ Service (NMFS), National Oceanic and content/uploads/2017/03/G5a Stock mandate or significantly or uniquely Assessment_Rpt_Full_ElectricOnly_ affect small governments, as described Atmospheric Administration (NOAA), Commerce. Apr2017BB.pdf, and may be obtained in the Unfunded Mandates Reform Act from the West Coast Region (see ACTION: Proposed rule. of 1995 (Pub. L. 104–4); ADDRESSES). • Does not have Federalism SUMMARY: NMFS proposes to implement FOR FURTHER INFORMATION CONTACT: implications as specified in Executive annual management measures and catch Joshua Lindsay, West Coast Region, Order 13132 (64 FR 43255, August 10, limits for the northern subpopulation of NMFS, (562) 980–4034, joshua.lindsay@ 1999); Pacific sardine (hereafter, Pacific noaa.gov. • Is not an economically significant sardine), for the fishing year from July SUPPLEMENTARY INFORMATION: NMFS regulatory action based on health or 1, 2018, through June 30, 2019. The manages the Pacific sardine fishery in safety risks subject to Executive Order proposed action would prohibit directed the U.S. exclusive economic zone (EEZ) 13045 (62 FR 19885, April 23, 1997); commercial fishing for Pacific sardine • off the Pacific coast (California, Oregon, Is not a significant regulatory action off the coasts of Washington, Oregon, and Washington) in accordance with the subject to Executive Order 13211 (66 FR and California, except in the live bait, Coastal Pelagic Species (CPS) Fishery 28355, May 22, 2001); tribal, or minor directed fisheries, or as Management Plan (FMP). The FMP and • Is not subject to requirements of incidental catch in other fisheries. The its implementing regulations require Section 12(d) of the National incidental harvest of Pacific sardine NMFS to set annual catch levels for the Technology Transfer and Advancement would initially be limited to 40-percent Pacific sardine fishery based on the Act of 1995 (15 U.S.C. 272 note) because by weight of all fish per trip when annual specification framework and application of those requirements would caught with other CPS or up to 2 metric control rules in the FMP. These control be inconsistent with the CAA; and tons (mt) when caught with non-CPS. rules include the harvest guideline (HG) • Does not provide EPA with the The proposed annual catch limit (ACL) control rule, which, in conjunction with discretionary authority to address, as for the 2018–2019 Pacific sardine the overfishing limit (OFL) and appropriate, disproportionate human fishing year is 7,000 mt. This proposed acceptable biological catch (ABC) rules health or environmental effects, using rule is intended to conserve and manage in the FMP, are used to manage harvest practicable and legally permissible the Pacific sardine stock off the U.S. levels for Pacific sardine, in accordance methods, under Executive Order 12898 West Coast. with the Magnuson-Stevens Fishery (59 FR 7629, February 16, 1994). DATES: Comments must be received by Conservation and Management Act In addition, the SIP is not approved June 11, 2018. (Magnuson-Stevens Act), 16 U.S.C. 1801 to apply on any Indian reservation land ADDRESSES: You may submit comments et seq. or in any other area where EPA or an on this document, identified by NOAA– During public meetings each year, the Indian tribe has demonstrated that a NMFS–2018–0044, by any of the Southwest Fishery Science Center tribe has jurisdiction. In those areas of following methods: (SWFSC) presents the estimated Indian country, the rule does not have • Electronic Submissions: Submit all biomass for Pacific sardine to the Pacific tribal implications and will not impose electronic public comments via the Fishery Management Council’s substantial direct costs on tribal Federal e-Rulemaking Portal. Go to (Council) CPS Management Team governments or preempt tribal law as www.regulations.gov/ (Team), the Council’s CPS Advisory specified by Executive Order 13175 (65 #!docketDetail;D=NOAA-NMFS-2018- Subpanel (Subpanel) and the Council’s FR 67249, November 9, 2000). 0044, click the ‘‘Comment Now!’’ icon, Scientific and Statistical Committee

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(SSC). The Team, Subpanel and SSC resulting Pacific sardine biomass At the April 2018 meeting, the review the biomass and the status of the estimate of 52,065 mt was adopted as Council also voted in support of two fishery, and make applicable catch limit the best available science for setting exempted fishing permit (EFP) and additional management measure harvest specifications. Based on proposals requesting an exemption from recommendations. Following Council recommendations from its SSC and the prohibition to directly harvest review and public comment, the other advisory bodies, the Council Pacific sardine. This action accounts for Council adopts a biomass estimate and recommended, and NMFS is proposing, the potential of NMFS approval of up to makes its catch limit and any in-season an OFL of 11,324 mt, an ABC of 9,436 610 mt of the ACL to be harvested for accountability measure mt, and a prohibition on Pacific sardine EFP activities. recommendations to NMFS. Annual catch, unless it is harvested as part of Detailed information on the fishery specifications published in the Federal the live bait, tribal, or minor directed and the stock assessment are found in Register establish these catch limits and fisheries, or as incidental catch in other the report ‘‘Assessment of the Pacific management measures for each Pacific fisheries. As an additional management Sardine Resource in 2018 for U.S. sardine fishing year. This rule proposes measure, the Council also Management in 2018–2019’’ (see the Council’s recommended catch limits recommended, and NMFS is proposing, ADDRESSES). for the 2018–2019 fishing year, as well an ACL of 7,000 mt. Classification as management measures to ensure that Because Pacific sardine is known to harvest does not exceed those limits, school with other CPS stocks, the Pursuant to section 304(b)(1)(A) of the and adoption of an OFL and ABC that Council recommended, and NMFS is Magnuson-Stevens Act, the NMFS is established after taking into proposing, incidental catch limits to Assistant Administrator has determined consideration uncertainty surrounding allow for the continued prosecution of that this proposed rule is consistent the current estimate of biomass for these other important CPS fisheries. with the CPS FMP, other provisions of Pacific sardine. Furthermore, the Council the Magnuson-Stevens Act, and other According to the FMP, the quota for recommended, and NMFS is proposing, applicable law, subject to further the principal commercial fishery is the following automatic inseason consideration after public comment. determined using the FMP-specified HG actions to reduce the potential for both This proposed rule is exempt from the formula. The HG formula in the CPS targeting and discard of Pacific sardine procedures of E.O. 12866 because this FMP is HG = [(Biomass-CUTOFF) * in these fisheries: action contains no implementing FRACTION * DISTRIBUTION] with the • An incidental per landing by weight regulations. parameters described as follows: allowance of 40 percent Pacific sardine Pursuant to Executive Order 13175, 1. Biomass. The estimated stock in non-treaty CPS fisheries until a total this proposed rule was developed after biomass of Pacific sardine age one and of 2,500 mt of Pacific sardine has been meaningful consultation and above. For the 2018–2019 management landed; and collaboration with the tribal season, this is 52,065 mt. • A reduction of the incidental per representative on the Council who has 2. CUTOFF. This is the biomass level landing allowance to 20 percent for the agreed with the provisions that apply to below which no HG is set. The FMP remainder of the 2018–2019 fishing year tribal vessels. established this level at 150,000 mt. once 2,500 mt Pacific sardine has been The Chief Counsel for Regulation of 3. DISTRIBUTION. The average landed. the Department of Commerce certified portion of the Pacific sardine biomass Additionally, the Council to the Chief Counsel for Advocacy of the estimated in the EEZ off the Pacific recommended, and NMFS is proposing, Small Business Administration that this coast is 87 percent. a 2-mt incidental per landing allowance proposed rule, if adopted, would not 4. FRACTION. The temperature- in non-CPS fisheries. have a significant economic impact on varying harvest fraction is the The NMFS West Coast Regional a substantial number of small entities, percentage of the biomass above 150,000 Administrator would publish a notice in for the following reasons: mt that may be harvested. the Federal Register to announce when For Regulatory Flexibility Act (RFA) As described above, the Pacific catch reaches the incidental limits as purposes only, NMFS has established a sardine HG control rule, the primary well as any changes to allowable small business size standard for mechanism for setting the annual incidental catch percentages. businesses, including their affiliates, directed commercial fishery quota, Additionally, to ensure that the whose primary industry is commercial includes a CUTOFF parameter, which regulated community is informed of any fishing (see 50 CFR 200.2). A business has been set as a biomass level of closure, NMFS would make primarily engaged in commercial fishing 150,000 mt. This amount is subtracted announcements through other means (NAICS code 11411) is classified as a from the annual biomass estimate before available, including fax, email, and mail small business if it is independently calculating the applicable HG for the to fishermen, processors, and state owned and operated, is not dominant in fishing year. Since this year’s biomass fishery management agencies. its field of operation (including its estimate is below that value, the formula In each of the previous six fishing affiliates), and has combined annual results in an HG of zero, and no Pacific years, the Quinault Indian Nation receipts not in excess of $11 million for sardine are available for the primary requested, and NMFS approved, a set- all its affiliated operations worldwide. commercial directed fishery during the aside for the exclusive right to harvest The purpose of this proposed rule is 2018–2019 fishing season. Pacific sardine in the Quinault Usual to conserve the Pacific sardine stock by At the April 2018 Council meeting, and Accustomed Fishing Area off the preventing overfishing, so that directed the Council’s SSC approved, and the coast of Washington State, pursuant to fishing may occur in future years. This Council adopted, the SWFSC’s the 1856 Treaty of Olympia (Treaty with will be accomplished by implementing ‘‘Assessment of the Pacific Sardine the Quinault). For the 2018–2019 the 2018–2019 annual specifications for Resource in 2018 for U.S. Management fishing year, the Quinault Indian Nation Pacific sardine in the U.S. EEZ off the in 2018–2019’’, available here: http:// has requested, and NMFS is proposing, Pacific coast. The small entities that www.pcouncil.org/wp-content/uploads/ a tribal set-aside of 800 mt. This is the would be affected by the proposed 2017/03/G5a_Stock_Assessment_Rpt_ same amount that was requested and action are the vessels that would be Full_ElectricOnly_Apr2017BB.pdf. The approved for the 2017–2018 season. expected to harvest Pacific sardine as

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part of the West Coast CPS small purse profitability analysis, this action is profitable fisheries while still seine fleet if the fishery were open. In essentially proposing an HG of zero for minimizing Pacific sardine harvest. 2014, the last year that a directed fishery the 2018–2019 Pacific sardine fishing These proposed incidental allowances for Pacific sardine was allowed, there season (July 1, 2018, through June 30, are similar to those implemented last were approximately 81 vessels 2019). The estimated biomass used for year and should not restrict access to permitted to operate in the directed management during the preceding those other fisheries. sardine fishery component of the CPS fishing year (2017–2018) was also below CPS vessels typically rely on multiple fishery off the U.S. West Coast; 58 150,000 mt. Therefore, NMFS did not species for profitability because vessels in the Federal CPS limited entry implement a HG for the 2017–2018 abundance of Pacific sardine, like the fishery off California (south of 39° N fishing year, thereby prohibiting the other CPS stocks, is highly associated lat.); and a combined 23 vessels in primary commercial directed Pacific with ocean conditions and seasonality. Oregon and Washington’s state Pacific sardine fishery. Since there is again no Variability in ocean conditions and sardine fisheries. The average annual directed fishing for the 2018–2019 season results in variability in the per vessel revenue in 2014 for those fishing year, this proposed rule will not timing and location of CPS harvest vessels was well below the threshold change the potential profitability as throughout the year. Because each level of $11 million; therefore, all of compared to the previous fishing year. species responds to ocean conditions in these vessels are considered small The revenue derived from harvesting its own way, not all CPS stocks are businesses under the RFA. Because each Pacific sardine is typically only one of likely to be abundant at the same time. affected vessel is a small business, this the sources of fishing revenue for the Therefore, as abundance levels and proposed rule is considered to equally commercial vessels that participate in markets fluctuate, the CPS fishery as a affect all of these small entities in the this fishery. As a result, the economic whole has relied on a group of species same manner. Therefore, this rule impact to the fleet from the proposed for its annual revenues. would not create disproportionate costs action cannot be viewed in isolation. Therefore the proposed action, if between small and large vessels/ From year to year, depending on market adopted, will not have a significant businesses. conditions and availability of fish, most economic impact on a substantial The CPS FMP and its implementing CPS/sardine vessels supplement their number of small entities. As a result, an regulations require NMFS to annually income by harvesting other species. Initial Regulatory Flexibility Analysis is set an OFL, ABC, ACL, and HG or Many vessels in California also harvest not required, and none has been annual catch target (ACT) for the Pacific anchovy, mackerel, and in particular, prepared. sardine fishery based on the specified squid, making Pacific sardine only one This action does not contain a harvest control rules in the FMP applied component of a multi-species CPS collection-of-information requirement to the current stock biomass estimate for fishery. Additionally, some sardine for purposes of the Paper Reduction Act. that year. The derived annual HG is the vessels that operate off of Oregon and Authority: 16 U.S.C. 1801 et seq. level typically used to manage the Washington also fish for salmon in principal commercial sardine fishery Alaska or squid in California during Dated: May 21, 2018. and is the harvest level NMFS typically times of the year when sardine are not Samuel D. Rauch III, uses for profitability analysis each year. available. The purpose of the incidental Deputy Assistant Administrator for As stated above, the CPS FMP dictates catch limits proposed in this action are Regulatory Programs, National Marine that when the estimated biomass drops to ensure the vessels impacted by a Fisheries Service. below a certain level (150,000 mt) there prohibition on directly harvesting [FR Doc. 2018–11208 Filed 5–24–18; 8:45 am] is no HG. Therefore, for the purposes of sardine can still access these other BILLING CODE 3510–22–P

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Notices Federal Register Vol. 83, No. 102

Friday, May 25, 2018

This section of the FEDERAL REGISTER Agenda: In addition to receiving in weighing the costs and benefits of an contains documents other than rules or updates on past, current, and pending electronic case management system; sets proposed rules that are applicable to the Conference initiatives, the Assembly forth measures an agency should take to public. Notices of hearings and investigations, will consider four proposed ensure privacy, transparency, and committee meetings, agency decisions and recommendations as described below: rulings, delegations of authority, filing of security; and describes ways an petitions and applications and agency Paperwork Reduction Act Efficiencies. electronic case management system may statements of organization and functions are This proposed recommendation improve adjudicatory processes. encourages collaboration between the examples of documents appearing in this Additional information about the section. Office of Information and Regulatory Affairs and federal agencies to maximize proposed recommendations and the opportunities for making the order of the agenda, as well as other ADMINISTRATIVE CONFERENCE OF information collection clearance process materials related to the meeting, can be THE UNITED STATES under the Paperwork Reduction Act found at the 69th Plenary Session page more efficient, while still maintaining on the Conference’s website: https:// Notice of Public Meeting of the its integrity. The proposed www.acus.gov/meetings-and-events/ Assembly of the Administrative recommendation encourages using plenary-meeting/69th-plenary-session. Conference of the United States generic clearances and common forms Public Participation: The Conference more frequently, providing more AGENCY: Administrative Conference of welcomes the attendance of the public training to agencies, and improving the United States. at the meeting, subject to space several other aspects of the information limitations, and will make every effort ACTION: Notice. collection clearance process. to accommodate persons with Administrative Judges. This proposed disabilities or special needs. Members of SUMMARY: Pursuant to the Federal recommendation addresses agency Advisory Committee Act (5 U.S.C. the public who wish to attend in person practices related to the use of are asked to RSVP online at the 69th App.), the Assembly of the administrative judges—adjudicators Plenary Session web page shown above, Administrative Conference of the who preside over evidentiary hearings no later than two days before the United States will hold a meeting to that are not governed by the consider four proposed adjudication provisions of the meeting, in order to facilitate entry. recommendations and to conduct other Administrative Procedure Act. It offers Members of the public who attend the business. This meeting will be open to recommendations for agencies to meeting may be permitted to speak only the public. consider when designing or evaluating with the consent of the Chairman and DATES: The meeting will take place on adjudication programs that promote the unanimous approval of the members Thursday, June 14, 2018, 1:00 p.m. to impartiality in administrative judges of the Assembly. If you need special 5:15 p.m.; and Friday, June 15, 2018, and increase clarity and transparency accommodations due to disability, 9:00 a.m. to 11:45 a.m. The meeting may with respect to the policies and please inform the Designated Federal adjourn early if all business is finished. procedures that govern their selection, Officer noted above at least 7 days in ADDRESSES: The meeting will be held at oversight, evaluation, discipline, and advance of the meeting. The public may The George Washington University Law removal. also view the meeting through a live School, 2000 H Street NW, Washington, Minimizing the Cost of Judicial webcast, which will be available at: DC 20052 (Jacob Burns Moot Court Review. This proposed recommendation https://livestream.com/ACUS. Room). encourages federal agencies that Written Comments: Persons who wish anticipate litigation over their rules to FOR FURTHER INFORMATION CONTACT: to comment on any of the proposed consider early in the rulemaking process recommendations may do so by Shawne McGibbon, General Counsel whether a rule is severable, meaning submitting a written statement either (Designated Federal Officer), divisible into portions that can and online by clicking ‘‘Submit a Comment’’ Administrative Conference of the should function independently, and United States, Suite 706 South, 1120 outlines steps agencies should take if on the 69th Plenary Session web page 20th Street NW, Washington, DC 20036; they intend that portions of a rule shown above or by mail addressed to: Telephone 202–480–2088; email should continue in effect even though June 2018 Plenary Session Comments, [email protected]. other portions have been held unlawful Administrative Conference of the SUPPLEMENTARY INFORMATION: The on judicial review. It also encourages United States, Suite 706 South, 1120 Administrative Conference of the courts adjudicating a challenge to an 20th Street NW, Washington, DC 20036. United States makes recommendations agency rule to solicit the parties’ views Written submissions must be received to federal agencies, the President, on the issue of severability in no later than 10:00 a.m. (EDT), Congress, and the Judicial Conference of appropriate circumstances. Thursday, June 7, to assure the United States regarding the Electronic Case Management in consideration by the Assembly. improvement of administrative Federal Administrative Adjudication. Dated: May 22, 2018. procedures (5 U.S.C. 594). The This proposed recommendation offers Shawne McGibbon, membership of the Conference, when guidance for agencies considering meeting in plenary session, constitutes whether and how to implement an General Counsel. the Assembly of the Conference (5 electronic case management system. It [FR Doc. 2018–11328 Filed 5–24–18; 8:45 am] U.S.C. 595). provides factors for agencies to consider BILLING CODE 6110–01–P

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DEPARTMENT OF AGRICULTURE ACTION: Notice.

Opportunity for Designation in the SUMMARY: The designations of the Topeka, Kansas; Minot, North Dakota; following official agencies listed below Cincinnati, Ohio; Pocatello, Idaho; will end on the prescribed dates: Evansville, Indiana; Salt Lake City, Utah; West Sacramento, California; Richmond, Virginia; and Savage, Minnesota Areas; Request for Comments on the Official Agencies Servicing This Area

AGENCY: Agricultural Marketing Service, USDA.

Designation Official agency Headquarters location and telephone end

Kansas Grain Inspection Service, Inc ...... Topeka, KS—785–233–7063 ...... 6/30/2018 Minot Grain Inspection, Inc ...... Minot, ND—701–838–1734 ...... 6/30/2018 Tri-State Grain Inspection Service, Inc ...... Cincinnati, OH—513–251–6571 ...... 6/30/2018 Idaho Grain Inspection Service, Inc ...... Pocatello, ID—208–233–8303 ...... 9/30/2018 Ohio Valley Grain Inspection, Inc ...... Evansville, IN—812–423–9010 ...... 9/30/2018 Utah Department of Agriculture and Food ...... Salt Lake City, UT—801–392–2292 ...... 9/30/2018 California Agri Inspection Co., Ltd ...... West Sacramento, CA—916–374–9700 .. 12/31/2018 Virginia Department of Agriculture and Consumer Services ...... Richmond, VA—757–494–2455 ...... 12/31/2018 State Grain Inspection, Inc ...... Savage, MN—952–808–8566 ...... 12/31/2018

We are asking persons or to obtain an FGISonline customer Areas Open for Designation governmental agencies interested in number and USDA eAuthentication Kansas, Minot, and Tri-State: Areas of providing official services in the areas username and password prior to designation include Colorado, Kansas, presently served by these agencies to applying. and parts of Nebraska, Wyoming, North • submit an application for designation. Submit Comments Using the Dakota, Indiana, Kentucky, and Ohio. In addition, we are asking for comments Internet: Go to Regulations.gov (http:// Please see Federal Register (80 FR on the quality of services provided by www.regulations.gov). Instructions for 7564–7565) for designations of areas the following designated agencies: submitting and reading comments are open for designation. Kansas Grain Inspection Service, Inc. detailed on the site. Idaho, Ohio Valley, and Utah: Areas (Kansas); Minot Grain Inspection, Inc. • Mail, Courier or Hand Delivery: of designation include Utah and parts of (Minot); Tri-State Grain Inspection Jacob Thein, Compliance Officer, USDA, Idaho, Indiana, Kentucky, and Service, Inc. (Tri-State); Idaho Grain AMS, FGIS, QACD, 10383 North Tennessee. Please see Federal Register Inspection Service, Inc. (Idaho); Ohio Ambassador Drive, Kansas City, MO (80 FR 37581) for designations of areas Valley Grain Inspection, Inc. (Ohio 64153. open for designation. Valley); Utah Department of Agriculture • Fax: Jacob Thein, 816–872–1257 Cal-Agri and Virginia: Areas of and Food (Utah); California Agri • Email: [email protected] designation include Virginia and parts Inspection Co., Ltd. (Cal-Agri); Virginia Read Applications and Comments: of California. Please see Federal Department of Agriculture and All applications and comments will be Register (80 FR 37580) for designations Consumer Services (Virginia); and State available for public inspection at the of areas open for designation. Grain Inspection, Inc. (State Grain). The office above during regular business State Grain: Areas of designation realignment of offices within the U.S. hours (7 CFR 1.27(c)). include parts of Minnesota. Please see Department of Agriculture authorized Federal Register (82 FR 30818–30819) FOR FURTHER INFORMATION CONTACT: by the Secretary’s Memorandum dated for designations of areas open for Jacob Thein, 816–866–2223, November 14, 2017, eliminates the designation. [email protected] or Grain Inspection, Packers and [email protected] Opportunity for Designation Stockyards Administration (GIPSA) as a standalone agency. The grain inspection SUPPLEMENTARY INFORMATION: Section Interested persons or governmental activities formerly part of GIPSA are 7(f) of the United States Grain Standards agencies may apply for designation to now organized under AMS. Act (USGSA) authorizes the Secretary to provide official services in the designate a qualified applicant to geographic areas of the official agencies DATES: Applications and comments provide official services in a specified specified above under the provisions of must be received by June 25, 2018. area after determining that the applicant section 7(f) of the USGSA and 7 CFR ADDRESSES: Submit applications and is better able than any other applicant 800.196. Designation in the specified comments concerning this Notice using to provide such official services (7 geographic areas for Kansas, Minot, and any of the following methods: U.S.C. 79(f)). Under section 7(g) of the Tri-State is for the period beginning July • Applying for Designation on the USGSA, designations of official agencies 1, 2018, to June 30, 2023. Designation in Internet: Use FGISonline (https:// are effective for no longer than five the specified geographic areas for Idaho, fgis.gipsa.usda.gov/default_home_ years, unless terminated by the Ohio Valley, and Utah is for the period FGIS.aspx) and then click on the Secretary, and may be renewed beginning October 1, 2018, to September Delegations/Designations and Export according to the criteria and procedures 30, 2023. Designation in the specified Registrations (DDR) link. You will need prescribed in section 7(f) of the USGSA. geographic areas for Cal-Agri, Virginia,

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and State Grain is for the period Agriculture, Office of Information and crop substitution possibilities. Without beginning January 1, 2019, to December Regulatory Affairs, Office of these data, decision makers cannot 31, 2023. To apply for designation or to Management and Budget (OMB), New analyze and report on critical issues that request more information on the Executive Office Building, Washington, affect farms and farm households when geographic areas serviced by these DC; New Executive Office Building, pesticide regulatory actions are being official agencies, contact Jacob Thein at 725—17th Street NW, Washington, DC, considered. the address listed above. 20503. Commenters are encouraged to Description of Respondents: Farms; submit their comments to OMB via Business or other for-profit. Request for Comments email to: OIRA_Submission@ Number of Respondents: 131,619. We are publishing this Notice to omb.eop.gov or fax (202) 395–5806 and Frequency of Responses: Reporting: provide interested persons the to Departmental Clearance Office, Annually. opportunity to comment on the quality USDA, OCIO, Mail Stop 7602, Total Burden Hours: 105,615. of services provided by the Kansas, Washington, DC 20250–7602. National Agricultural Statistics Service Minot, Tri-State, Idaho, Ohio Valley, Comments regarding these Utah, Cal-Agri, Virginia, and State Grain information collections are best assured Title: Irrigation and Water official agencies. In the designation of having their full effect if received by Management Survey (IWMS). process, we are particularly interested June 25, 2018. Copies of the OMB Control Number: 0535–0234. Summary of Collection: The Irrigation in receiving comments citing reasons submission(s) may be obtained by and Water Management Survey (IWMS) and pertinent data supporting or calling (202) 720–8681. is a reinstatement of a previously objecting to the designation of the An agency may not conduct or conducted survey (2013 Farm and applicant(s). Submit all comments to sponsor a collection of information Ranch Irrigation Survey). The IWMS is Jacob Thein at the above address or at unless the collection of information a follow-on survey and in integral part http://www.regulations.gov. displays a currently valid OMB control of the 2017 Census of Agriculture which We consider applications, comments, number and the agency informs is conducted every five years under the and other available information when potential persons who are to respond to authority of the Census of Agriculture determining which applicants will be the collection of information that such Act of 1997 (Pub. L. 105–113). This law designated. persons are not required to respond to the collection of information unless it requires the Secretary of Agriculture to Authority: 7 U.S.C. 71–87k. displays a currently valid OMB control conduct a census of agriculture Dated: May 22, 2018. number. beginning in 2002 and every fifth year thereafter (prior to 1997 the census was Greg Ibach, National Agricultural Statistics Service Under Secretary, Marketing and Regulatory conducted by the Department of Programs. Title: Agricultural Resource Commerce). The 2018 IWMS will be [FR Doc. 2018–11294 Filed 5–24–18; 8:45 am] Management, Chemical Use, and Post- obtaining data describing the irrigation Harvest Chemical Use Surveys. activities of U.S. farm operations. Some BILLING CODE 3410–02–P OMB Control Number: 0535–0218. of these activities are of National Summary of Collection: The primary concern, such as the use of chemigation, DEPARTMENT OF AGRICULTURE functions of the National Agricultural fertigation and water-conserving Statistics Service (NASS) are to prepare practices of irrigators. The 2018 IWMS Submission for OMB Review; and issue State and national estimates of will play an important part in providing Comment Request crop and livestock production, critically needed data to address these disposition, and prices and to collect types of issues. May 21, 2018. information on related environmental Need and Use of the Information: The Department of Agriculture will and economic factors. Detailed NASS will collect information from the submit the following information economic and environmental data for IWMS on acres irrigated by land use collection requirement(s) to OMB for various crops and livestock help to category, acres and yields of irrigated review and clearance under the maintain a stable economic atmosphere and non-irrigated crops, quantity of Paperwork Reduction Act of 1995, and reduce the risk for production, water applied, method of application to Public Law 104–13 on or after the date marketing, and distribution operations. selected crops, acres irrigated, quantity of publication of this notice. Comments The Agricultural Resource Management of water used by source, acres irrigated are requested regarding: (1) Whether the Surveys (ARMS), are the primary source by type of water distribution systems, collection of information is necessary of information for the U.S. Department and number of irrigation wells and for the proper performance of the of Agriculture on a broad range of issues pumps. The primary purpose of IWMS functions of the agency, including related to agricultural resource use, cost is to provide detailed data relating to whether the information will have of production, and farm sector financial on-farm irrigation activities for use in practical utility; (2) the accuracy of the conditions. NASS uses a variety of preparing a wide variety of water- agency’s estimate of burden including survey instruments to collect the related local programs, economic the validity of the methodology and information in conjunction with these models, legislative initiatives, market assumptions used; (3) ways to enhance studies. General authority for these data analyses, and feasibility studies. The the quality, utility and clarity of the collection activities is granted under absence of the study data would information to be collected; and (4) U.S. Code Title 7, Section 2204. certainly affect irrigation policy ways to minimize the burden of the Need and Use of the Information: decisions, federal programs, legislation, collection of information on those who ARMS is the only annual source of and impact studies would instead be are to respond, including through the whole farm information available for subject to greater uncertainty and error. use of appropriate automated, objective evaluation of many critical Description of Respondents: Farms; electronic, mechanical, or other issues related to agriculture and the Business or other for-profit. technological collection techniques or rural economy, such as: Whole farm Number of Respondents: 35,100. other forms of information technology finance data, marketing information, Frequency of Responses: Reporting: should be addressed to: Desk Officer for input usage, production practices, and Other (one-time).

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Total Burden Hours: 25,577. Instructions: All items submitted by necessary to reflect comments received mail or electronic mail must include the and any additional information that Ruth Brown, Agency name and docket number FSIS– becomes available. FSIS is seeking Departmental Information Collection 2018–0006. Comments received in comments on this guideline as part of its Clearance Officer. response to this docket will be made efforts to continuously assess and [FR Doc. 2018–11214 Filed 5–24–18; 8:45 am] available for public inspection and improve the effectiveness of policy BILLING CODE 3410–20–P posted without change, including any documents. personal information, to http:// Additional Public Notification www.regulations.gov. DEPARTMENT OF AGRICULTURE Docket: For access to background Public awareness of all segments of Food Safety and Inspection Service documents or comments received, call rulemaking and policy development is (202) 720–5627 to schedule a time to important. Consequently, FSIS will [Docket No. FSIS–2018–0006] visit the FSIS Docket Room at 1400 announce this Federal Register Independence Avenue SW, Room 6065, publication on-line through the FSIS Availability of FSIS Guideline for Washington, DC 20250–3700. web page located at: http:// Determining Whether a Livestock www.fsis.usda.gov/federal-register. Slaughter or Processing Firm Is FOR FURTHER INFORMATION CONTACT: Exempt From the Inspection Roberta Wagner, Assistant FSIS also will make copies of this Requirements of the Federal Meat Administrator, Office of Policy and publication available through the FSIS Inspection Act Program Development; Telephone: (202) Constituent Update, which is used to 205–0495. provide information regarding FSIS AGENCY: Food Safety and Inspection SUPPLEMENTARY INFORMATION: policies, procedures, regulations, Service, USDA. Federal Register notices, FSIS public Background ACTION: Notice of availability and meetings, and other types of information request for comment. FSIS is the public health regulatory that could affect or would be of interest agency responsible for ensuring that to our constituents and stakeholders. SUMMARY: The Food Safety and meat, poultry, and egg products are safe, The Update is available on the FSIS web Inspection Service (FSIS) is announcing wholesome, and correctly labeled and page. Through the web page, FSIS is the availability of and requesting packaged. For meat or meat food able to provide information to a much comments on a guideline for businesses products, FSIS requires continuous broader, more diverse audience. In that slaughter livestock or process meat inspection in the case of slaughter and addition, FSIS offers an email and meat food products on the at least daily inspection for processing, subscription service which provides exemptions to the inspection unless an exemption applies. The automatic and customized access to requirements of the Federal Meat exemptions are located in the Federal selected food safety news and Inspection Act. The guideline explains Meat Inspection Act (FMIA) (21 U.S.C. information. This service is available at: each of the exemptions, when they 623 and 661) and in FSIS’s regulations http://www.fsis.usda.gov/subscribe. apply, and which FSIS regulatory (9 CFR 303.1). Options range from recalls to export requirements must still be met. This guideline describes each of the information, regulations, directives, and DATES: Submit Comments on or before exemptions, to whom they apply, and notices. Customers can add or delete July 24, 2018. which FSIS regulatory requirements subscriptions themselves, and have the ADDRESSES: A downloadable version of must still be met. It also provides option to password protect their the guideline is available to view and updated information on emerging accounts. print at https://www.fsis.usda.gov/wps/ business models and trends in USDA Non-Discrimination Statement portal/fsis/topics/regulatory- procurement, and sales, and compliance/compliance-guides-index distribution. Generally, livestock No agency, officer, or employee of the once copies of the guideline have been slaughtered or processed by the owner USDA shall, on the grounds of race, published. or that which is custom slaughtered for color, national origin, religion, sex, FSIS invites interested persons to use by the owner and his or her family gender identity, sexual orientation, submit comments on this guideline. or non-paying guests are exempt from disability, age, marital status, family/ Comments may be submitted by one of FSIS’s inspection requirements. Also parental status, income derived from a the following methods: exempt from inspection are businesses public assistance program, or political • Federal eRulemaking Portal: This that meet FSIS’s definitions of retail beliefs, exclude from participation in, website provides the ability to type stores, restaurants, restaurant central deny the benefits of, or subject to short comments directly into the kitchens, or caterers. discrimination any person in the United comment field on this web page or Businesses operating under an States under any program or activity attach a file for lengthier comments. Go exemption are not exempt from the conducted by the USDA. to http://www.regulations.gov. Follow adulteration and misbranding How To File a Complaint of the on-line instructions at that site for requirements of the FMIA and may be Discrimination submitting comments. subject to State or local regulatory • Mail, including CD–ROMs, etc.: requirements. FSIS regulations requiring To file a complaint of discrimination, Send to Docket Clerk, U.S. Department recordkeeping, access to places of complete the USDA Program of Agriculture, Food Safety and business, and the opportunity for Discrimination Complaint Form, which Inspection Service, 1400 Independence examination of facilities, inventory, and may be accessed online at http:// Avenue SW, Mailstop 3758, Room 6065, records still apply. www.ocio.usda.gov/sites/default/files/ Washington, DC 20250–3700. FSIS encourages interested parties docs/2012/Complain_combined_6_8_ • Hand- or courier-delivered (e.g., those to whom an exemption may 12.pdf, or write a letter signed by you submittals: Deliver to 1400 apply) to follow this guideline. This or your authorized representative. Independence Avenue SW, Room 6065, guideline represents current FSIS Send your completed complaint form Washington, DC 20250–3700. thinking, and FSIS will update it as or letter to USDA by mail, fax, or email:

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Mail: U.S. Department of Agriculture, the formal presentations have been 2018 to work on post-report planning Director, Office of Adjudication, 1400 completed. Persons interested in the for the Civil Asset Forfeiture report and Independence Avenue SW, Washington, issue are also invited to submit written discuss potential future work on legal DC 20250–9410. comments; the comments must be financial obligations and civil rights Fax: (202) 690–7442. received in the regional office by issues. Email: [email protected]. Monday, July 30, 2018. Written DATES: The meeting will be held on Persons with disabilities who require comments may be mailed to the Eastern Monday June 18, 2018 12:30 p.m. EST. alternative means for communication Regional Office, U.S. Commission on Public Call Information: The meeting (Braille, large print, audiotape, etc.), Civil Rights, 1331 Pennsylvania will be by teleconference. Toll-free call- should contact USDA’s TARGET Center Avenue, Suite 1150, Washington, DC in number: 888–466–4520, conference at (202) 720–2600 (voice and TDD). 20425, faxed to (202) 376–7548, or ID: 1630102. Done, at Washington, DC. emailed to Evelyn Bohor at ero@ FOR ADDITIONAL INFORMATION CONTACT: Paul Kiecker, usccr.gov. Persons who desire Jeff Hinton, DFO, at [email protected] additional information may contact the Acting Administrator. or 404–562–7006. Eastern Regional Office at (202) 376– SUPPLEMENTAL INFORMATION: Members of [FR Doc. 2018–11299 Filed 5–24–18; 8:45 am] 7533. BILLING CODE 3410–DM–P Records and documents discussed the public can listen to the discussion. during the meeting will be available for This meeting is available to the public public viewing as they become available through the following toll-free call-in COMMISSION ON CIVIL RIGHTS at https://facadatabase.gov/committee/ number: 888–466–4520, conference ID: meetings.aspx?cid=240 and clicking on 1630102. Any interested member of the Agenda and Notice of Public Meeting the ‘‘Meeting Details’’ and ‘‘Documents’’ public may call this number and listen of the New Jersey Advisory Committee links. Records generated from this to the meeting. Callers can expect to incur charges for calls they initiate over AGENCY: Commission on Civil Rights. meeting may also be inspected and reproduced at the Eastern Regional wireless lines, and the Commission will ACTION: Announcement of briefing Office, as they become available, both not refund any incurred charges. Callers meeting. before and after the meeting. Persons will incur no charge for calls they initiate over land-line connections to SUMMARY: Notice is hereby given, interested in the work of this advisory committee are advised to go to the the toll-free telephone number. Persons pursuant to the provisions of the rules with hearing impairments may also and regulations of the U.S. Commission Commission’s website, www.usccr.gov, or to contact the Eastern Regional Office follow the proceedings by first calling on Civil Rights (Commission), and the the Federal Relay Service at 1–800–977– Federal Advisory Committee Act at the above phone number, email or street address. 8339 and providing the Service with the (FACA), that a mini-briefing meeting of conference call number and conference the New Jersey Advisory Committee to Tentative Agenda ID number. the Commission will convene at 11:00 Members of the public are also Friday, June 29, 2018 at 11:00 a.m. a.m. (EDT) on Friday, June 29, 2018 in entitled to submit written comments; the Moot Court Room at Rutgers I. Welcome and Introductions the comments must be received in the University Law School, 123 Washington II. Mini-Briefing regional office by June 15, 2018. Written Street, Newark, NJ 07102. The purpose Topic 1 comments may be mailed to the of the mini-briefing is to discuss the five Topic 2 Southern Regional Office, U.S. project concepts that advisory Topic 3 Commission on Civil Rights, 61 Forsyth committee members are considering as Topic 4 Street, Suite 16T126, Atlanta, GA 30303. a possible topic for their civil rights Topic 5 They may also be faxed to the project with subject matter experts. The III. Other Business Commission at (404) 562–7005, or mini-briefing will help inform the IV. Adjourn emailed to Regional Director, Jeffrey members’ decision when selecting the Dated: May 21, 2018. Hinton at [email protected]. Persons topic for their civil rights project. The who desire additional information may meeting is scheduled for approximately David Mussatt, Supervisory Chief, Regional Programs Unit. contact the Southern Regional Office at four and one half hours. (404) 562–7000. [FR Doc. 2018–11189 Filed 5–24–18; 8:45 am] DATES: Friday, June 29, 2018 (EDT). Records generated from this meeting BILLING CODE P TIME: 11:00 a.m. may be inspected and reproduced at the ADDRESSES: Rutgers University Law Southern Regional Office, as they School, Moot Court Room, 123 COMMISSION ON CIVIL RIGHTS become available, both before and after Washington Street, Newark, NJ 07102. the meeting. Records of the meeting will be available via www.facadatabase.gov FOR FURTHER INFORMATION CONTACT: Notice of Public Meeting of the Tennessee Advisory Committee under the Commission on Civil Rights, Evelyn Bohor at [email protected], or 202– Tennessee Advisory Committee link. 376–7533. AGENCY: U.S. Commission on Civil Persons interested in the work of this SUPPLEMENTARY INFORMATION: If other Rights. Committee are directed to the persons who plan to attend the meeting ACTION: Notice of meeting. Commission’s website, http:// require other accommodations, please www.usccr.gov, or may contact the contact Evelyn Bohor at ebohor@ SUMMARY: Notice is hereby given, Southern Regional Office at the above usccr.gov at the Eastern Regional Office pursuant to the provisions of the rules email or street address. at least ten (10) working days before the and regulations of the U.S. Commission scheduled date of the meeting. on Civil Rights (Commission) and the Agenda Time will be set aside at the end of Federal Advisory Committee Act that Welcome and Call To Order the briefing so that members of the the Tennessee Advisory Committee will Diane DiIanni, Tennessee SAC public may address the Committee after hold a meeting on Monday, June 18, Chairman

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Jeff Hinton, Regional Director call number: 1–888–778–9069 and (DOC) is publishing this notice to advise Regional Update—Jeff Hinton conference call ID: 6970676. the public of the availability of the New Business: Diane DiIanni, Members of the public are invited to Fiscal Year (FY) 2016 Service Contract Tennessee SAC Chairman/Staff/ submit written comments; the Inventory data, a report that analyzes Advisory Committee comments must be received in the DOC’s FY 2015 Service Contract Public Participation regional office approximately 30 days Inventory and a plan for the analysis of Adjournment after each scheduled meeting. Written FY 2016 Service Contract Inventory. Dated: May 21, 2018. comments may be mailed to the Eastern The service contract inventory provides information on service contract David Mussatt, Regional Office, U.S. Commission on actions over $25,000 made in FY 2016. Supervisory Chief, Regional Programs Unit. Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC The information is organized by [FR Doc. 2018–11190 Filed 5–24–18; 8:45 am] 20425, or emailed to Evelyn Bohor at function to show how contracted BILLING CODE P [email protected]. Persons who desire resources are distributed throughout the additional information may contact the agency. The inventory has been developed in accordance with guidance COMMISSION ON CIVIL RIGHTS Eastern Regional Office at (202) 376– 7533. on service contract inventories issued Agenda and Notice of Public Meeting Records and documents discussed on November 5, 2010, by the Office of of the New Jersey Advisory Committee during the meeting will be available for Management and Budget’s Office of public viewing as they become available Federal Procurement Policy (OFPP). AGENCY: Commission on Civil Rights. at http://facadatabase.gov/committee/ ADDRESSES: The Department of ACTION: Announcement of monthly meetings.aspx?cid=240; click the Commerce’s FY 2016 Service Contract planning meetings. ‘‘Meeting Details’’ and ‘‘Documents’’ Inventory is included in the links. Records generated from this government-wide inventory available at: SUMMARY: Notice is hereby given, meeting may also be inspected and https://www.acquisition.gov/service- pursuant to the provisions of the rules reproduced at the Eastern Regional contract-inventory, which can be and regulations of the U.S. Commission Office, as they become available, both filtered to display the FY 2016 on Civil Rights (Commission), and the before and after the meetings. Persons inventory for each agency. In addition to Federal Advisory Committee Act interested in the work of this advisory the link to access DOC’s FY 2016 service (FACA), that a planning meeting of the committee are advised to go to the contract inventory, the FY 2015 New Jersey Advisory Committee to the Commission’s website, www.usccr.gov, Analysis Report and Plan for analyzing Commission will convene by conference or to contact the Eastern Regional Office the FY 2016 data is on the Office of call, on Friday, June 15, 2018 at 11:30 at the above phone number, email or Acquisition Management homepage at a.m. (EDT). The purpose of the meeting street address. the following link http:// is to elect additional Committee officers www.osec.doc.gov/oam/. OFPP’s and to discuss the final plans for the Agenda: Friday, June 15, 2018 at 11:30 guidance memo on service contract June 29, 2018 mini-briefing meeting. a.m. (EDT) inventories is available at: http:// DATES: Friday, June 15, 2018, at 11:30 I. Rollcall and Welcome www.whitehouse.gov/sites/default/files/ a.m. (EDT). II. Select Additional Officers omb/procurement/memo/service- Public Call-In Information: III. Project Planning—Discuss final contract-inventories-guidance- Conference call number: 1–888–778– plans for the June 29 Mini-Briefing 11052010.pdf. 9069 and conference call ID: 6970676. IV. Other Business FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Ivy V. Adjourn Questions regarding the service contract L. Davis, at [email protected] or by phone Dated: May 21, 2018. inventory should be directed to Virna at 202–376–7533. David Mussatt, Winters, Director for Acquisitions SUPPLEMENTARY INFORMATION: Interested Supervisory Chief, Regional Programs Unit. Policy and Oversight Division at 202– members of the public may listen to the [FR Doc. 2018–11188 Filed 5–24–18; 8:45 am] 482–4248 or [email protected]. discussion by calling the following toll- BILLING CODE P Ellen Herbst, free conference call number: 1–888– 778–9069 and conference call ID: Chief Financial Officer and Assistant Secretary for Administration. 6970676. Please be advised that before DEPARTMENT OF COMMERCE placing them into the conference call, [FR Doc. 2018–11345 Filed 5–24–18; 8:45 am] BILLING CODE P the conference call operator may ask Office of the Secretary callers to provide their names, their [Docket No.: 170912893–7893–01] organizational affiliations (if any), and DEPARTMENT OF COMMERCE email addresses (so that callers may be Public Availability of Department of notified of future meetings). Callers can Commerce FY 2016 Service Contract Foreign-Trade Zones Board expect to incur charges for calls they Inventory Data initiate over wireless lines, and the [S–35–2018] Commission will not refund any AGENCY: Office of the Secretary, Approval of Expanded Subzone Status, incurred charges. Callers will incur no Department of Commerce. Subzone 231A, Medline Industries, charge for calls they initiate over land- ACTION: Notice of public availability of Inc., Manteca, Stockton and Tracy, line connections to the toll-free FY 2016 service contract inventories California telephone number herein. data. Persons with hearing impairments On February 15, 2018, the Executive may also follow the discussion by first SUMMARY: In accordance with Section Secretary of the Foreign-Trade Zones calling the Federal Relay Service at 1– 743 of Division C of the Consolidated (FTZ) Board docketed an application 800–877–8339 and providing the Appropriations Act of 2010 (Pub. L. submitted by the Port of Stockton, operator with the toll-free conference 111–117), the Department of Commerce California, grantee of FTZ 231,

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requesting expanded subzone status Background for the period May 1, 2016, through subject to the existing activation limit of On February 12, 2018, Commerce April 30, 2017: FTZ 231, on behalf of Medline published its Preliminary Results of the Industries, Inc., in Manteca, Stockton Weighted- review of the antidumping duty order average and Tracy, California. The application is on LWRPT from Turkey covering the Manufacturer/exporter margin also requesting that Site 1 of the period of review (POR) May 1, 2016 (percent) subzone be removed, as it is no longer through April 30, 2017.1 No parties used by the company. commented on the Preliminary Results. Agir Haddecilik A.S...... 0.00 The application was processed in accordance with the FTZ Act and Scope of the Order Assessment Rates Regulations, including notice in the The merchandise covered by the Pursuant to section 751(a)(2)(C) of the Federal Register inviting public antidumping order is certain welded Tariff Act of 1930, as amended (the Act), comment (83 FR 8242–8243, February carbon quality light-walled steel pipe and 19 CFR 351.212(b), we have 26, 2018). The FTZ staff examiner and tube, of rectangular (including determined, and U.S. Customs and reviewed the application and square) cross section, having a wall Border Protection (CBP) shall assess, determined that it meets the criteria for thickness of less than 4 millimeters. The antidumping duties on all appropriate approval. Pursuant to the authority merchandise subject to the order is entries of subject merchandise in delegated to the FTZ Board Executive classified in the Harmonized Tariff accordance with the final results of this Secretary (15 CFR Sec. 400.36(f)), the Schedule of the United States at review.4 We intend to issue assessment application to expand Subzone 231A subheadings 7306.61.50.00 and instructions to CBP 15 days after the was approved on May 21, 2018, subject 7306.61.70.60.2 publication date of this notice of the to the FTZ Act and the Board’s final results of this review. Because we Analysis regulations, including Section 400.13, calculated a weighted-average dumping and further subject to FTZ’s 2,000-acre In the Preliminary Results, we margin of zero for Agir, we will instruct activation limit. determined that Agir Haddecilik A.S. CBP to liquidate the appropriate entries (Agir) did not make sales of subject without regard to antidumping duties. Dated: May 21, 2018. merchandise at prices below normal In accordance with Commerce’s Elizabeth Whiteman, value during the period May 1, 2016, ‘‘automatic assessment’’ practice, for Acting Executive Secretary. through April 30, 2017.3 As no parties entries of subject merchandise during [FR Doc. 2018–11303 Filed 5–24–18; 8:45 am] commented on the Preliminary Results, the POR produced by Agir for which it BILLING CODE 3510–DS–P we are adopting the decisions in the did not know that the merchandise was Preliminary Decision Memorandum in destined for the United States, we will these final results of review. For instruct CBP to liquidate those entries at DEPARTMENT OF COMMERCE additional details, see the Preliminary the all-others rate if there is no rate for the intermediate company(ies) involved International Trade Administration Decision Memorandum, which is a public document and is on file in the transaction. electronically via Enforcement and Cash Deposit Requirements [A–489–815] Compliance’s Antidumping and Countervailing Duty Centralized The following cash deposit Light-Walled Rectangular Pipe and Electronic Service System (‘‘ACCESS’’). requirements will be effective for all Tube From Turkey: Final Results of ACCESS is available to registered users shipments of subject merchandise Antidumping Duty Administrative at http://access.trade.gov and in the entered, or withdrawn from warehouse, Review; 2016–2017 Central Records Unit, room B8024 of the for consumption on or after the main Department of Commerce publication date of this notice of the AGENCY: Enforcement and Compliance, building. In addition, a complete final results of this review, as provided International Trade Administration, by section 751(a)(2)(C) of the Act: (1) Department of Commerce. version of the Preliminary Decision Memorandum can be accessed directly The cash deposit rate for Agir will be SUMMARY: On February 12, 2018, the on the internet at http:// equal to the weighted-average dumping Department of Commerce (Commerce) enforcement.trade.gov/frn/index.html. margin established in the final results of published the preliminary results of the The signed and the electronic versions this review; (2) for merchandise 2016–2017 administrative review of the of the Preliminary Decision exported by manufacturers or exporters antidumping duty order on light-walled Memorandum are identical in content. not covered in this review but covered rectangular pipe and tube (LWRPT) in a prior segment of the proceeding, the Final Results of Review from Turkey. Although invited to do so, cash deposit rate will continue to be the interested parties did not comment on As a result of this review, Commerce company-specific rate published for the the preliminary results of this review. determines that the following weighted- most recently completed segment of this proceeding in which the manufacturer Therefore, we have adopted the average dumping margin exists for Agir or exporter participated; (3) if the preliminary results in these final results exporter is not a firm covered in this of the review. 1 See Light-Walled Rectangular Pipe and Tube from Turkey: Preliminary Results and Partial review, a prior review, or the less-than- DATES: Applicable May 25, 2018. Rescission of Antidumping Duty Administrative fair-value investigation, but the Review; 2016–2017, 83 FR 5987 (February 12, 2018) FOR FURTHER INFORMATION CONTACT: (Preliminary Results). 4 In these final results, Commerce applied the Jonathan Hill, AD/CVD Operations, 2 For a complete description of the scope of the assessment rate calculation method adopted in Office IV, Enforcement & Compliance, order see ‘‘Decision Memorandum for Preliminary Antidumping Proceedings: Calculation of the International Trade Administration, Results of the 2016–2017 Antidumping Duty Weighted-Average Dumping Margin and Administrative Review of Light-Walled Rectangular Assessment Rate in Certain Antidumping U.S. Department of Commerce, 1401 Pipe and Tube from Turkey,’’ dated February 5, Proceedings: Final Modification, 77 FR 8101 Constitution Avenue NW, Washington, 2018 (Preliminary Decision Memorandum). (February 14, 2012) (Final Modification for DC 20230; telephone: (202) 482–3518. 3 See Preliminary Decision Memorandum. Reviews).

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manufacturer is, the cash deposit rate DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: will be the rate established in the most Shane Guan, Office of Protected recently completed segment of the National Oceanic and Atmospheric Resources, NMFS, (301) 427–8401. proceeding for the manufacturer of the Administration Electronic copies of the applications merchandise; and (4) the cash deposit RIN 0648–XG219 and supporting documents, as well as a rate for all other manufacturers or list of the references cited in this exporters will continue to be 27.04 Takes of Marine Mammals Incidental to document, may be obtained online at percent ad valorem, the all-others rate Specified Activities; Taking Marine https://www.fisheries.noaa.gov/node/ established in the less-than-fair-value Mammals Incidental to Seattle 23111. In case of problems accessing these documents, please call the contact investigation.5 These cash deposit Multimodal Project in Seattle, listed above. requirements, when imposed, shall Washington; Correction SUPPLEMENTARY INFORMATION: remain in effect until further notice. AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Correction Notification to Interested Parties Atmospheric Administration (NOAA), In the notice published on May 22, This notice serves as a final reminder Commerce. 2018 (83 FR 23643), FR Doc. 2018– to importers of their responsibility ACTION: Proposed incidental harassment 10871 contained outdated information under 19 CFR 351.402(f)(2) to file a authorization (IHA); request for and this document corrects the IHA. comments; correction. certificate regarding the reimbursement Background of antidumping duties prior to SUMMARY: NMFS published a document Sections 101(a)(5)(A) and (D) of the liquidation of the relevant entries in the Federal Register on May 22, during this review period. Failure to MMPA (16 U.S.C. 1361 et seq.) direct 2018, and the document contained the Secretary of Commerce to allow, comply with this requirement could outdated information and this document upon request, the incidental, but not result in the Secretary’s presumption has been corrected and is republished in intentional, taking of small numbers of that reimbursement of the antidumping its entirety. NMFS has received a marine mammals by U.S. citizens who duties occurred and the subsequent request from Washington State engage in a specified activity (other than assessment of double antidumping Department of Transportation (WSDOT) commercial fishing) within a specified duties. for authorization to take marine geographical region if certain findings This notice also serves as a reminder mammals incidental to the Seattle are made and either regulations are to parties subject to administrative Multimodal Project at Colman Dock in issued or, if the taking is limited to Seattle, Washington. Pursuant to the protective orders (APOs) of their harassment, a notice of a proposed Marine Mammal Protection Act responsibility concerning the return or authorization is provided to the public (MMPA), NMFS is requesting comments for review. destruction of proprietary information on its proposal to issue an IHA to disclosed under APO in accordance An authorization for incidental incidentally take marine mammals takings shall be granted if NMFS finds with 19 CFR 351.305, which continues during the specified activities. to govern business proprietary that the taking will have a negligible DATES: Comments and information must information in this segment of the impact on the species or stock(s), will be received no later than June 25, 2018. not have an unmitigable adverse impact proceeding. Timely written notification ADDRESSES: Comments should be on the availability of the species or of the return/destruction of APO addressed to Jolie Harrison, Chief, stock(s) for subsistence uses (where materials or conversion to judicial Permits and Conservation Division, relevant), and if the permissible protective order is hereby requested. Office of Protected Resources, National methods of taking and requirements Failure to comply with the regulations Marine Fisheries Service. Physical pertaining to the mitigation, monitoring and terms of an APO is a violation that comments should be sent to 1315 East- and reporting of such takings are set is subject to sanction. West Highway, Silver Spring, MD 20910 forth. This notice is issued and published in and electronic comments should be sent NMFS has defined ‘‘negligible accordance with sections 751(a)(1) and to [email protected]. impact’’ in 50 CFR 216.103 as an impact 777(i) of the Act and 19 CFR 351.213 Instructions: NMFS is not responsible resulting from the specified activity that and 19 CFR 351.221(b)(5). for comments sent by any other method, cannot be reasonably expected to, and is to any other address or individual, or not reasonably likely to, adversely affect Dated: May 17, 2018. received after the end of the comment the species or stock through effects on Gary Taverman, period. Comments received annual rates of recruitment or survival. Deputy Assistant Secretary for Antidumping electronically, including all The MMPA states that the term ‘‘take’’ and Countervailing Duty Operations, attachments, must not exceed a 25- means to harass, hunt, capture, kill or performing the non-exclusive functions and megabyte file size. Attachments to attempt to harass, hunt, capture, or kill duties of the Assistant Secretary for electronic comments will be accepted in any marine mammal. Enforcement and Compliance. Microsoft Word or Excel or Adobe PDF Except with respect to certain [FR Doc. 2018–11302 Filed 5–24–18; 8:45 am] file formats only. All comments activities not pertinent here, the MMPA BILLING CODE 3510–DS–P received are a part of the public record defines ‘‘harassment’’ as any act of and will generally be posted online at pursuit, torment, or annoyance which (i) https://www.fisheries.noaa.gov/node/ has the potential to injure a marine 23111 without change. All personal mammal or marine mammal stock in the identifying information (e.g., name, wild (Level A harassment); or (ii) has address) voluntarily submitted by the the potential to disturb a marine 5 See Notice of Final Determination of Sales at commenter may be publicly accessible. mammal or marine mammal stock in the Less Than Fair Value: Light-Walled Rectangular Do not submit confidential business wild by causing disruption of behavioral Pipe and Tube from Turkey, 73 FR 19814 (April 11, information or otherwise sensitive or patterns, including, but not limited to, 2008). protected information. migration, breathing, nursing, breeding,

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feeding, or sheltering (Level B humpback whale (Megaptera highly urban, and includes business, harassment). novaeangliae), minke whale industrial, the Port of Seattle container (Balaenoptera acutorostrata); harbor loading facility, residential, the Pioneer National Environmental Policy Act porpoise (Phocoena phocoena); and Square Historic District and local parks. Issuance of an MMPA 101(a)(5)(D) Dall’s porpoise (P. dalli). Neither Detailed Description of the Seattle authorization requires compliance with WSDOT nor NMFS expect mortality to Multimodal Project at Colman Dock: the National Environmental Policy Act result from this activity and, therefore, Year 2 (NEPA). an IHA is appropriate. NMFS preliminary determined the NMFS previously issued an IHA to The project will reconfigure the issuance of the proposed IHA is WSDOT for the first year of this project Colman Dock while maintaining consistent with categories of activities (FR 21579; July 7, 2017). WSDOT approximately the same vehicle holding identified in CE B4 (issuance of complied with all the requirements (e.g., capacity as current conditions. The incidental harassment authorizations mitigation, monitoring, and reporting) of construction began in August 2017. In under section 101(a)(5)(A) and (D) of the the previous IHA and information the 2017–2018 season, the construction MMPA for which no serious injury or regarding their monitoring results may activities were focused on the South mortality is anticipated) of NOAA’s be found in the Estimated Take section. Trestle, Terminal Building Foundation, Companion Manual for NAO 216–6A, Description of Proposed Activity and the temporary and permanent and we have not identified any Passenger Offloading Facility. extraordinary circumstances listed in Overview In the 2018–2019 season, WSDOT Chapter 4 of the Companion Manual for NAO 216–6A that would preclude this The purpose of the Seattle plans to continue the project by categorical exclusion under NEPA. Multimodal Project at Colman Dock is to constructing the North Trestle, and Slip We will review all comments preserve the transportation function of 3 bridge seat, overhead loading, submitted in response to this notice an aging, deteriorating and seismically wingwall, and inner dolphin. Both prior to making a final decision as to deficient facility to continue providing impact pile driving and vibratory pile whether application of this CE is safe and reliable service. The project driving and pile removal would be appropriate in this circumstance. will also address existing safety conducted. A total of 37 days are concerns related to conflicts between estimated for pile driving and 77 days Summary of Request vehicles and pedestrian traffic and for pile removal. On November 21, 2017, WSDOT operational inefficiencies. In-water construction methods submitted a request to NMFS requesting include: Dates and Duration an IHA for the possible harassment of • Installing 119 36-inch (in) small numbers of marine mammal Due to NMFS and the U.S. Fish and permanent steel piles with a vibratory species incidental to Seattle Multimodal Wildlife Service (USFWS) in-water hammer, and then proofed with an Project at Colman Dock in Seattle, work timing restrictions to protect ESA- impact hammer for the last 5–10 feet; Washington, from August 1, 2018 to July listed salmonids, planned WSDOT in- • Installing six 36-in and (8) 30-in 31, 2019. After receiving the revised water construction is limited each year steel piles with a vibratory hammer; project description and the revised IHA to July 16 through February 15. • Installing one 108-in steel pile with application, NMFS determined that the Specified Geographic Region a vibratory hammer; IHA application is adequate and • Removing all existing 12-in steel, complete on April 4, 2018. NMFS is The Seattle Ferry Terminal at Colman proposing to authorize the take by Level Dock, serving State Route 519, is located 14-in timber, 14-in H, 24-in steel and A and Level B harassments of the on the downtown Seattle waterfront, in 30-in steel piles with a vibratory following marine mammal species: King County, Washington. The terminal hammer; • Harbor seal (Phoca vitulina); northern services vessels from the Bainbridge Installing and then removing eight elephant seal (Mirounga angustirostris); Island and Bremerton routes, and is the 24-in Slip 3 Overhead loading California sea lion (Zalophus most heavily used terminal in the temporary piles with a vibratory californianus); Steller sea lion Washington State Ferry system. The hammer; and (Eumetopias jubatus); killer whale Seattle terminal is located in Section 6, • Installing and then removing 147 (Orcinus orca); long-beaked common Township 24 North, Range 4 East, and 24-in temporary template piles with a dolphin (Delphinus capensis), is adjacent to Elliott Bay, tributary to vibratory hammer. bottlenose dolphin (Tursiops truncatus), Puget Sound (Figure 1–2 of the IHA A list of pile driving and removal gray whale (Eschrichtius robustus); application). Land use in the area is activities is provided in Table 1.

TABLE 1—SUMMARY OF IN-WATER PILE DRIVING AND REMOVAL ACTIVITIES

Pile size Duration Method Pile type (inch) Pile number Piles/day Minutes/pile (days)

Vibratory drive ...... Steel (temporary) ...... 24 147 8 20 ...... 18 Vibratory drive ...... Steel (Slip 3) ...... 24 8 8 20 ...... 1 Vibratory drive ...... Steel ...... 30 8 8 20 ...... 1 Vibratory drive ...... Steel ...... 36 6 6 20 ...... 1 Vibratory drive * ...... Steel ...... 36 119 8 20 ...... 15 Impact drive (proof) * ...... Steel ...... 36 119 8 300 strikes ... 15 Vibratory drive ...... Steel ...... 108 1 1 120 ...... 1

Subtotal ...... 37 Vibratory remove ...... Timber ...... 14 925 20 15 ...... 47 Vibratory remove...... Steel ...... 12 22 11 20...... 2 Vibratory remove ...... Steel H ...... 14 19 10 20 ...... 2

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TABLE 1—SUMMARY OF IN-WATER PILE DRIVING AND REMOVAL ACTIVITIES—Continued

Pile size Duration Method Pile type (inch) Pile number Piles/day Minutes/pile (days)

Vibratory remove ...... Steel ...... 24 35 8 20 ...... 5 Vibratory remove ...... Steel (Slip 3) ...... 24 8 8 20 ...... 1 Vibratory remove ...... Steel (temporary) ...... 24 147 8 20 ...... 19 Vibratory remove ...... Steel ...... 30 1 1 20 ...... 1

Subtotal ...... 77 * These two activities occur on the same day.

Proposed mitigation, monitoring, and information related to the population or abundance estimates for most species reporting measures are described in stock, including regulatory status under represent the total estimate of detail later in this document (please see the MMPA and ESA and potential individuals within the geographic area, ‘‘Proposed Mitigation’’ and ‘‘Proposed biological removal (PBR), where known. if known, that comprises that stock. For Monitoring and Reporting’’). For taxonomy, we follow Committee on harbor seal Washington northern inland Description of Marine Mammals in the Taxonomy (2016). PBR is defined by the waters stock, the abundance is based on Area of Specified Activities MMPA as the maximum number of radio-tagging studies conducted at three animals, not including natural Washington inland waters with Sections 3 and 4 of the application mortalities, that may be removed from a correcting factors described in the 2016 summarize available information marine mammal stock while allowing SARs (Jefferies et al., 2003; Carretta et regarding status and trends, distribution that stock to reach or maintain its al., 2017). For some species, this and habitat preferences, and behavior optimum sustainable population (as geographic area may extend beyond U.S. and life history, of the potentially described in NMFS’s SARs). While no affected species. Additional information waters. All managed stocks in this mortality is anticipated or authorized region are assessed in NMFS’s 2016 U.S. regarding population trends and threats here, PBR and annual serious injury and may be found in NMFS’s Stock Pacific Draft Marine Mammal SARs mortality from anthropogenic sources Assessment Reports (SAR; (Carretta et al., 2017). All values are included here as gross indicators of www.nmfs.noaa.gov/pr/sars/) and more presented in Table 2 are the most recent the status of the species and other general information about these species available at the time of publication and threats. (e.g., physical and behavioral are available in the 2016 SARs (Carretta descriptions) may be found on NMFS’s Marine mammal abundance estimates et al., 2017); and draft 2017 SARs website (www.nmfs.noaa.gov/pr/ presented in this document represent (available online at: https:// species/mammals/). the total number of individuals that www.fisheries.noaa.gov/national/ Table 2 lists all species with expected make up a given stock or the total marine-mammal-protection/draft- potential for occurrence in the lower number estimated within a particular marine-mammal-stock-assessment- Puget Sound area and summarizes study or survey area. NMFS’s stock reports). TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROPOSED PROJECT AREA

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

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... N 20,990 624 132 Family Balaenopteridae: Humpback whale ...... Megaptera novaneagliae ...... California/Oregon/Washington ...... Y 1,918 11.0 >6.5 Minke whale ...... Balaenoptera acutorostrata ...... California/Oregon/Washington ...... N 636 3.5 >1.3 Family Delphinidae: Killer whale ...... Orcinus orca ...... Eastern N. Pacific Southern resident Y 81 0.14 0 West coast transient ...... N 243 2.4 0 Long-beaked common dolphin ... Delphinus capensis ...... California ...... N 101,305 657 >35.4 Bottlenose dolphin ...... Tursiops truncatus ...... California/Oregon/Washington off- N 1,924 198 >0.84 shore. Family Phocoenidae (porpoises): Harbor porpoise ...... Phocoena phocoena ...... Washington inland waters ...... N 11,233 66 7.2 Dall’s porpoise ...... P. dali ...... California/Oregon/ ...... N 25,750 172 0.3 Washington ......

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California sea lion ...... Zalophus californianus ...... U.S...... N 296,750 9,200 389 Steller sea lion ...... Eumetopias jubatus ...... Eastern U.S...... N 71,562 2,498 108 Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... Washington northern inland waters N 4 11,036 1,641 43

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TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROPOSED PROJECT AREA—Continued

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

Northern elephant seal ...... Mirounga angustirostris ...... California breeding ...... N 179,000 4,882 8.8 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. 4 Harbor seal estimate is based on data that are 8 years old, but this is the best available information for use here (Jefferies et al., 2003; Carretta et al., 2017).

All species that could potentially derived using auditory evoked potential • The pinniped functional hearing occur in the proposed survey areas are techniques, anatomical modeling, and group was modified from Southall et al. included in Table 2. However, the other data. Note that no direct (2007) on the basis of data indicating temporal and/or spatial occurrence of measurements of hearing ability have that phocid species have consistently humpback whale and Southern Resident been successfully completed for demonstrated an extended frequency killer whale (SRKW) and the mysticetes (i.e., low-frequency range of hearing compared to otariids, implementation of monitoring and cetaceans). Subsequently, NMFS (2016) especially in the higher frequency range mitigation measures are such that take described generalized hearing ranges for (Hemila¨ et al., 2006; Kastelein et al., is not expected to occur, and they are these marine mammal hearing groups. 2009; Reichmuth and Holt, 2013). not discussed further beyond the Generalized hearing ranges were chosen The pinniped functional hearing explanation provided here. The based on the approximately 65 decibel group was modified from Southall et al. occurrence of humpback whale in the (dB) threshold from the normalized (2007) on the basis of data indicating WSDOT’s Seattle Multimodal Project composite audiograms, with the that phocid species have consistently area is considered extralimital, and exception for lower limits for low- demonstrated an extended frequency WSDOT’s 2017 monitoring report frequency cetaceans where the lower range of hearing compared to otariids, showed no sighting of this species. bound was deemed to be biologically especially in the higher frequency range Although the SRKW could occur in the implausible and the lower bound from (Hemila¨ et al., 2006; Kastelein et al., vicinity of the project area, WSDOT Southall et al. (2007) retained. The 2009; Reichmuth et al., 2013). proposes to implement strict monitoring functional groups and the associated For more detail concerning these and mitigation measures with assistance frequencies are indicated below (note groups and associated frequency ranges, from local marine mammal researchers that these frequency ranges correspond please see NMFS (2016) for a review of and observers. Thus, the take of this to the range for the composite group, available information. Eleven marine marine mammal stock can be avoided with the entire range not necessarily mammal species (7 cetacean and 4 (see details in Proposed Mitigation reflecting the capabilities of every pinniped (2 otariid and 2 phocid) section). species within that group): species) have the reasonable potential to In addition, the sea otter may be • Low-frequency cetaceans co-occur with the proposed survey found in Puget Sound area However, (mysticetes): Generalized hearing is activities. Please refer to Table 2. Of the this species is managed by the U.S. Fish estimated to occur between cetacean species that may be present, and Wildlife Service and are not approximately 7 hertz (Hz) and 35 one species is classified as low- considered further in this document. kilohertz (kHz); frequency cetaceans (i.e., gray whale), • Mid-frequency cetaceans (larger two are classified as high-frequency Marine Mammal Hearing toothed whales, beaked whales, and cetaceans (i.e., harbor porpoise and Hearing is the most important sensory most delphinids): Generalized hearing is Dall’s porpoise), and the rest of them modality for marine mammals estimated to occur between mid-frequency cetaceans. underwater, and exposure to approximately 150 Hz and 160 kHz; Potential Effects of Specified Activities anthropogenic sound can have • High-frequency cetaceans on Marine Mammals and Their Habitat deleterious effects. To appropriately (porpoises, river dolphins, and members assess the potential effects of exposure of the genera Kogia and This section includes a summary and to sound, it is necessary to understand Cephalorhynchus; including two discussion of the ways that components the frequency ranges marine mammals members of the genus Lagenorhynchus, of the specified activity may impact are able to hear. Current data indicate on the basis of recent echolocation data marine mammals and their habitat. The that not all marine mammal species and genetic data): generalized hearing is ‘‘Estimated Take by Incidental have equal hearing capabilities (e.g., estimated to occur between Harassment’’ section later in this Richardson et al., 1995; Wartzok and approximately 275 Hz and 160 kHz. document will include a quantitative Ketten, 1999; Au and Hastings, 2008). • Pinnipeds in water; Phocidae (true analysis of the number of individuals To reflect this, Southall et al. (2007) seals): Generalized hearing is estimated that are expected to be taken by this recommended that marine mammals be to occur between approximately 50 Hz activity. The ‘‘Negligible Impact divided into functional hearing groups to 86 kHz; Analysis and Determination’’ section based on directly measured or estimated • Pinnipeds in water; Otariidae (eared will consider the content of this section, hearing ranges on the basis of available seals): Generalized hearing is estimated the ‘‘Estimated Take by Incidental behavioral response data, audiograms to occur between 60 Hz and 39 kHz. Harassment’’ section, and the ‘‘Proposed

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Mitigation’’ section, to draw For marine mammals, published data (Southall et al., 2007), so one can infer conclusions regarding the likely impacts are limited to the captive bottlenose that strategies exist for coping with this of these activities on the reproductive dolphin, beluga, harbor porpoise, and condition to some degree, though likely success or survivorship of individuals Yangtze finless porpoise (Finneran, not without cost. and how those impacts on individuals 2015). For pinnipeds in water, data are In addition, chronic exposure to are likely to impact marine mammal limited to measurements of TTS in excessive, though not high-intensity, species or stocks. harbor seals, an elephant seal, and noise could cause masking at particular Potential impacts to marine mammals California sea lions (Kastak et al., 1999, frequencies for marine mammals, which from the proposed Bremerton and 2005; Kastelein et al., 2012b). utilize sound for vital biological Edmonds ferry terminals dolphin Lucke et al. (2009) found a TS of a functions (Clark et al., 2009). Acoustic relocation project are from noise harbor porpoise after exposing it to masking is when other noises such as generated during in-water pile driving airgun noise with a received sound from human sources interfere with and pile removal activities. pressure level (SPL) at 200.2 dB (peak- animal detection of acoustic signals to-peak) re: 1 micropascal (mPa), which such as communication calls, Acoustic Effects corresponds to a sound exposure level echolocation sounds, and Here, we first provide background of 164.5 dB re: 1 mPa2 s after integrating environmental sounds important to information on marine mammal hearing exposure. Because the airgun noise is a marine mammals. Therefore, under before discussing the potential effects of broadband impulse, one cannot directly certain circumstances, marine mammals the use of active acoustic sources on determine the equivalent of root mean whose acoustical sensors or marine mammals. square (rms) SPL from the reported environment are being severely masked The WSDOT’s Seattle Multimodal peak-to-peak SPLs. However, applying a could also be impaired from maximizing Project using in-water pile driving and conservative conversion factor of 16 dB their performance fitness in survival pile removal could adversely affect for broadband signals from seismic and reproduction. marine mammal species and stocks by surveys (McCauley, et al., 2000) to Masking occurs at the frequency band that the animals utilize. Therefore, since exposing them to elevated noise levels correct for the difference between peak- noise generated from vibratory pile in the vicinity of the activity area. to-peak levels reported in Lucke et al. (2009) and rms SPLs, the rms SPL for driving is mostly concentrated at low Exposure to high intensity sound for TTS would be approximately 184 dB re: frequency ranges, it may have less effect a sufficient duration may result in 1 mPa, and the received levels associated on high frequency echolocation sounds auditory effects such as a noise-induced with PTS (Level A harassment) would by odontocetes (toothed whales). threshold shift (TS)—an increase in the be higher. Therefore, based on these However, lower frequency man-made auditory threshold after exposure to studies, NMFS recognizes that TTS of noises are more likely to affect detection noise (Finneran et al., 2005). Factors harbor porpoises is lower than other of communication calls and other that influence the amount of threshold cetacean species empirically tested potentially important natural sounds shift include the amplitude, duration, (Finneran & Schlundt, 2010; Finneran et such as surf and prey noise. It may also frequency content, temporal pattern, al., 2002; Kastelein and Jennings, 2012). affect communication signals when they and energy distribution of noise Marine mammal hearing plays a occur near the noise band and thus exposure. The magnitude of hearing critical role in communication with reduce the communication space of threshold shift normally decreases over conspecifics, and interpretation of animals (e.g., Clark et al., 2009) and time following cessation of the noise environmental cues for purposes such cause increased stress levels (e.g., Foote exposure. The amount of TS just after as predator avoidance and prey capture. et al., 2004; Holt et al., 2009). exposure is the initial TS. If the TS Depending on the degree (elevation of Unlike TS, masking, which can occur eventually returns to zero (i.e., the threshold in dB), duration (i.e., recovery over large temporal and spatial scales, threshold returns to the pre-exposure time), and frequency range of TTS, and can potentially affect the species at value), it is a temporary threshold shift the context in which it is experienced, population, community, or even (TTS) (Southall et al., 2007). TTS can have effects on marine ecosystem levels, as well as individual Threshold Shift (noise-induced loss of mammals ranging from discountable to levels. Masking affects both senders and hearing)—When animals exhibit serious (similar to those discussed in receivers of the signals and could have reduced hearing sensitivity (i.e., sounds auditory masking, below). For example, long-term chronic effects on marine must be louder for an animal to detect a marine mammal may be able to readily mammal species and populations. them) following exposure to an intense compensate for a brief, relatively small Recent science suggests that low sound or sound for long duration, it is amount of TTS in a non-critical frequency ambient sound levels have referred to as a noise-induced TS. An frequency range that occurs during a increased by as much as 20 dB (more animal can experience TTS or time where ambient noise is lower and than three times in terms of SPL) in the permanent threshold shift (PTS). TTS there are not as many competing sounds world’s ocean from pre-industrial can last from minutes or hours to days present. Alternatively, a larger amount periods, and most of these increases are (i.e., there is complete recovery), can and longer duration of TTS sustained from distant shipping (Hildebrand, occur in specific frequency ranges (i.e., during time when communication is 2009). For WSDOT’s dolphin relocation an animal might only have a temporary critical for successful mother/calf project, noises from vibratory pile loss of hearing sensitivity between the interactions could have more serious driving and pile removal contribute to frequencies of 1 and 10 kHz), and can impacts. Also, depending on the degree the elevated ambient noise levels in the be of varying amounts (for example, an and frequency range, the effects of PTS project area, thus increasing potential animal’s hearing sensitivity might be on an animal could range in severity, for or severity of masking. Baseline reduced initially by only 6 dB or although it is considered generally more ambient noise levels in the vicinity of reduced by 30 dB). PTS is permanent, serious because it is a permanent project area are high due to ongoing but some recovery is possible. PTS can condition. Of note, reduced hearing shipping, construction and other also occur in a specific frequency range sensitivity as a simple function of aging activities in the Puget Sound. and amount as mentioned above for has been observed in marine mammals, Finally, marine mammals’ exposure to TTS. as well as humans and other taxa certain sounds could lead to behavioral

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disturbance (Richardson et al., 1995), The level of sound at which a fish Proposed Mitigation section), Level A such as changing durations of surfacing will react or alter its behavior is usually harassment is neither anticipated nor and dives, number of blows per well above the detection level. Fish proposed to be authorized. surfacing, or moving direction and/or have been found to react to sounds As described previously, no mortality speed; reduced/increased vocal when the sound level increased to about is anticipated or authorized for this activities; changing/cessation of certain 20 dB above the detection level of 120 activity. Below we describe how the behavioral activities (such as socializing dB (Ona, 1988); however, the response take is estimated. or feeding); visible startle response or threshold can depend on the time of Described in the most basic way, we aggressive behavior (such as tail/fluke year and the fish’s physiological estimate take by considering: (1) slapping or jaw clapping); avoidance of condition (Engas et al., 1993). In Acoustic thresholds above which NMFS areas where noise sources are located; general, fish react more strongly to believes the best available science and/or flight responses (e.g., pinnipeds pulses of sound (such as noise from indicates marine mammals will be flushing into water from haulouts or impact pile driving) rather than behaviorally harassed or incur some rookeries). continuous signals (such as noise from degree of permanent hearing The onset of behavioral disturbance vibratory pile driving) (Blaxter et al., impairment; (2) the area or volume of from anthropogenic noise depends on 1981), and a quicker alarm response is water that will be ensonified above both external factors (characteristics of elicited when the sound signal intensity these levels in a day; (3) the density or noise sources and their paths) and the rises rapidly compared to sound rising occurrence of marine mammals within receiving animals (hearing, motivation, more slowly to the same level. these ensonified areas; and, (4) and the experience, demography) and is also During the coastal construction, only number of days of activities. Below, we difficult to predict (Southall et al., a small fraction of the available habitat describe these components in more 2007). Currently NMFS uses a received would be ensonified at any given time. detail and present the take estimate. level of 160 dB re 1 mPa (rms) to predict Disturbance to fish species would be Acoustic Thresholds the onset of behavioral harassment from short-term and fish would return to impulse noises (such as impact pile their pre-disturbance behavior once the Using the best available science, driving), and 120 dB re 1 mPa (rms) for pile driving activity ceases. Thus, the NMFS has developed acoustic continuous noises (such as vibratory proposed construction would have thresholds that identify the received pile driving). For the WSDOT’s Seattle little, if any, impact on marine level of underwater sound above which Multimodal Project at Colman Ferry mammals’ prey availability in the area exposed marine mammals would be Terminal, both 120-dB and 160-dB where construction work is planned. reasonably expected to be behaviorally Finally, the time of the proposed levels are considered for effects analysis harassed (equated to Level B construction activity would avoid the because WSDOT plans to use both harassment) or to incur PTS of some spawning season of the ESA-listed impact pile driving and vibratory pile degree (equated to Level A harassment). salmonid species. driving and pile removal. Level B Harassment for non-explosive The biological significance of many of Estimated Take sources—Though significantly driven by these behavioral disturbances is difficult This section provides an estimate of received level, the onset of behavioral to predict, especially if the detected the number of incidental takes disturbance from anthropogenic noise disturbances appear minor. However, authorized through this IHA, which will exposure is also informed to varying the consequences of behavioral inform both NMFS’ consideration of degrees by other factors related to the modification could be biologically whether the number of takes is ‘‘small’’ source (e.g., frequency, predictability, significant if the change affects growth, and the negligible impact duty cycle), the environment (e.g., survival, and/or reproduction, which determination. bathymetry), and the receiving animals depends on the severity, duration, and Harassment is the only type of take (hearing, motivation, experience, context of the effects. expected to result from these activities. demography, behavioral context) and can be difficult to predict (Southall et Potential Effects on Marine Mammal Except with respect to certain activities al., 2007, Ellison et al., 2011). Based on Habitat not pertinent here, section 3(18) of the MMPA defines ‘‘harassment’’ as any act what the available science indicates and The primary potential impacts to of pursuit, torment, or annoyance which the practical need to use a threshold marine mammal habitat are associated (i) has the potential to injure a marine based on a factor that is both predictable with elevated sound levels produced by mammal or marine mammal stock in the and measurable for most activities, vibratory pile removal and pile driving wild (Level A harassment); or (ii) has NMFS uses a generalized acoustic in the area. However, other potential the potential to disturb a marine threshold based on received level to impacts to the surrounding habitat from mammal or marine mammal stock in the estimate the onset of behavioral physical disturbance are also possible. wild by causing disruption of behavioral harassment. NMFS predicts that marine With regard to fish as a prey source patterns, including, but not limited to, mammals are likely to be behaviorally for cetaceans and pinnipeds, fish are migration, breathing, nursing, breeding, harassed in a manner we consider Level known to hear and react to sounds and feeding, or sheltering (Level B B harassment when exposed to to use sound to communicate (Tavolga harassment). underwater anthropogenic noise above et al., 1981) and possibly avoid Authorized takes would be by Level B received levels of 120 dB re 1 mPa (rms) predators (Wilson and Dill, 2002). harassment only, in the form of for continuous (e.g. vibratory pile- Experiments have shown that fish can disruption of behavioral patterns for driving, drilling) and above 160 dB re 1 sense both the strength and direction of individual marine mammals resulting mPa (rms) for non-explosive impulsive sound (Hawkins, 1981). Primary factors from exposure to noise generated from (e.g., seismic airguns) or intermittent determining whether a fish can sense a vibratory pile driving and removal. (e.g., scientific sonar) sources. sound signal, and potentially react to it, Based on the nature of the activity and Applicant’s proposed activity are the frequency of the signal and the the anticipated effectiveness of the includes the generation of impulse strength of the signal in relation to the mitigation measures (i.e., shutdown (impact pile driving) and non-impulse natural background noise level. measures—discussed in detail below in (vibratory pile driving and removal)

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sources; and, therefore, both 160- and (based on hearing sensitivity) as a result both the public and peer reviewers to 120-dB re 1 mPa (rms) are used. of exposure to noise from two different inform the final product and are Level A harassment for non-explosive types of sources (impulsive or non- provided in the table below. The sources—NMFS’ Technical Guidance impulsive). Applicant’s proposed references, analysis, and methodology for Assessing the Effects of activity would generate and non- used in the development of the Anthropogenic Sound on Marine impulsive (vibratory pile driving and thresholds are described in NMFS 2016 Mammal Hearing (Technical Guidance, pile removal) noises. These thresholds Technical Guidance, which may be 2016) identifies dual criteria to assess were developed by compiling and accessed at: http://www.nmfs.noaa.gov/ auditory injury (Level A harassment) to synthesizing the best available science pr/acoustics/guidelines.htm. five different marine mammal groups and soliciting input multiple times from

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

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

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

Ensonified Area that the unweighted SPLrms for vibratory level for impact pile driving of the 36- Here, we describe operational and pile driving of 36-in steel pile was 177 in steel pile is based on measurement environmental parameters of the activity dB re 1 mPa. conducted by CALTRANS for the same that will feed into identifying the area The source level for vibratory pile type and dimension of the pile, which ensonified above the acoustic driving of the 108-in steel pile is based is 210 dBpk re 1 mPa. thresholds. on measurements of 72-in steel piles The source level for vibratory pile vibratory driving conducted by removal of 14-in timber pile is based Source Levels CALTRANS. The unweighted SPLrms measurements conducted at the Port The source level for vibratory pile source level ranged between 170 and Townsend Ferry Terminal during driving and removal of the 24- and 30- 180 dB re 1 mPa at 10 m from the pile vibratory removal of a 12-in timber pile in steel pile is based on vibratory pile (CALTRANS 2015). The value of 180 dB by WSDOT (Laughlin 2011). The driving of the 30-in steel pile at Port is chosen to be more conservative. recorded source level is 152 dBrms re 1 Townsend (WSDOT, 2010). The The source level for impact pile mPa at 16 m from the pile, with an unweighted SPLrms source level at 10 driving of the 36-in steel pile is based adjusted source level of 155 dBrms re 1 meters (m) from the pile is 174 dB re 1 on impact test pile driving for the 36-in mPa at 10 m. re 1 mPa. steel pile at Mukilteo in November 2006 The source levels for vibratory pile The source level for vibratory pile (WSDOT 2007). Recordings of the removal of 12-in steel and 14-in steel H driving of the 36-in steel piles is based impact pile driving that were made at a piles are based on vibratory pile driving on vibratory test pile driving of 36-in distance of 10 m from the pile were of 12-in steel pipe pile measured by steel piles at Port Townsend in 2010 analyzed using Matlab. The results CALTRANS. The unweighted source (Laughlin 2011). Recordings of vibratory show that the unweighted source levels level is 155 dBrms re 1 mPa at 10 m. 2 pile driving were made at a distance of are 178 dB re 1 mPa -s for SELss and 193 A summary of source levels is 10 m from the pile. The results show dB re 1 mPa for SPLrms. The peak source presented in Table 4.

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

SPL , dB SPL , dB Method Pile type/size (inch) SEL, dB rms pk re 1 μPa2-s re 1 μPa re 1 μPa

Vibratory driving/removal ...... Steel, 24-in ...... 174 174 ...... Vibratory driving/removal ...... Steel, 30-in ...... 174 174 ...... Vibratory driving ...... Steel, 36-in ...... 177 177 ...... Impact pile driving (proof) ...... Steel, 36-in ...... 178 193 210

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

SPL , dB SPL , dB Method Pile type/size (inch) SEL, dB rms pk re 1 μPa2-s re 1 μPa re 1 μPa

Vibratory driving ...... Steel, 108-in ...... 180 180 ...... Vibratory removal ...... Timber, 14-in ...... 155 155 ...... Vibratory removal ...... Steel, 12-in ...... 155 155 ...... Vibratory removal ...... Steel H, 14-in ...... 155 155 ......

These source levels are used to loss of 15*log(R) for transmission loss vibratory pile driving and removal of compute the Level A injury zones and calculation. The derived distance to the the 24-in, 30-in, 36-in and 108-in steel to estimate the Level B harassment 120-dB Level B zone is 2,175 m. piles. zones. For Level A harassment zones, For Level B harassment ensonified The Level B harassment ensonified since the peak source levels for both areas for vibratory pile driving and area for impact pile driving of the 36- pile driving are below the injury removal of the 24-in, 30-in, 36-in, and in steel piles is based on the above thresholds, cumulative SEL were used 108-in steel piles, the distance is based source level of 193 dBrms re 1 mPa at 10 to do the calculations using the NMFS m, applying practical spreading loss of acoustic guidance (NMFS 2016). on measurements conducted during the year 1 Seattle multimodal project at 15*log(R) for transmission loss Estimating Harassment Zones Colman. The result showed that pile calculation. The derived distance to the The Level B harassment ensonified driving noise of two 36-in steel piles 160-dB Level B zone is 1,585 m. areas for vibratory removal of the 14-in being concurrently driven was no longer For Level A harassment, calculation is timber, 12-in steel, 14-in steel H, and detectable at a range of 5.4 miles (8.69 based on pile driving duration of each 18-in concrete piles are based on the km) (WSDOT 2017). Therefore, the pile and the number of piles installed or above source level of 155 dBrms re 1 mPa distance of 8,690 m is selected as the removed per day, using NMFS optional at 10 m, applying practical spreading Level B harassment distance for spreadsheet.

TABLE 5—MODELED DISTANCES AND AREAS TO HARASSMENT ZONES

SL Level A distance (m) Level B (10m) Level A area (km2) distance (m) Level A area Pile driving activity (km2) LF MF HF SEL Cetacean Cetacean Cetacean Phocid Otariid All marine mammals

Vibratory drive/removal, 24’’ & 30’’ steel piles, 8 piles/day, 20 min/ pile ...... 174 96.7 8.6 143.0 58.8 4.1 8,690 0.03 0.00 0.00 0.00 0.00 74.29 Vibratory removal 30’’ steel pile, 1 pile/day, 20 min/pile...... 174 24.2 2.1 35.7 14.7 1.0 8,960 0.00 0.00 0.00 0.00 0.00 74.29 Vibratory drive 36’’ steel pile, 6 piles/day, 20 min/pile...... 177 126.4 11.2 186.9 76.8 5.4 8,960 0.05 0.00 0.11 0.02 0.00 74.29 Vibratory drive 36’’ steel pile, 8 piles/day, 20 min/pile...... 177 153.3 13.6 226.6 93.2 6.5 8,960 0.07 0.00 0.16 0.03 0.00 74.29 Impact drive (proof) 36’’ steel pile, 8 piles/day, 300 strikes/pile...... 178 830.9 19.6 989.7 444.7 32.4 1,585 2.17 0.00 3.08 0.62 0.00 7.89 Vibratory drive 108’’ steel pile, 1 pile/day, 120 min/pile ...... 180 200.3 17.8 296.2 121.8 8.5 8,690 0.13 0.00 0.28 0.05 0.00 74.29 Vibratory remove 14’’ timber pile, 20 piles/ day, 15 min/pile ...... 155 8.0 0.7 11.8 4.8 0.3 2,154 0.00 0.00 0.00 0.00 0.00 14.57 Vibratory remove 12’’ steel pile, 11 piles/ day, 20 min/pile...... 155 6.5 0.6 9.6 3.9 0.3 2,154 0.00 0.00 0.00 0.00 0.00 14.57

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TABLE 5—MODELED DISTANCES AND AREAS TO HARASSMENT ZONES—Continued

SL Level A distance (m) Level B (10m) Level A area (km2) distance (m) Level A area Pile driving activity (km2) LF MF HF SEL Cetacean Cetacean Cetacean Phocid Otariid All marine mammals

Vibratory remove 14’’ steel H pile, 10 piles/ day, 20 min/pile...... 155 6.1 0.5 9.0 3.7 0.3 2,154 0.00 0.00 0.00 0.00 0.00 14.57

Distances of ensonified area for TABLE 6—MARINE MAMMAL DENSITY ‘‘take’’. Since 17 days would involve different pile driving/removal activities AND LOCAL OCCURRENCE IN THE vibratory/impact pile driving of 36-in for different marine mammal hearing WSDOT PROJECT AREA—Contin- steel piles (16 days) and vibratory groups is present in Table 5. ued driving of and 108-in steel pile (1 day) with Level A zones beyond shutdown Marine Mammal Occurrence Density (#/km2) zones (231 m and 122 m, respectively, In this section we provide the Species or animals/day vs. the 60-m shutdown zone), we information about the presence, density, consider that 187 harbor seals exposed or group dynamics of marine mammals Harbor porpoise ...... 0.54/km2. during these 17 days would experience that will inform the take calculations. Dall’s porpoise ...... 0.048/km2. Level A harassment. The difference All marine mammal density data California sea lion ...... 11 animals/day. between the 1,254 total takes and the 2 except harbor seal, California sea lion, Steller sea lion ...... 0.04/km . 187 Level A takes makes up the harbor harbor porpoise, bottlenose dolphin, Harbor seal ...... 8 animals/day. Northern elephant seal ...... 0.00001/km2. seal Level B takes, which is 1,067 and short-beaked common dolphin are animals. from the U.S. Navy Marine Species The California sea lion take estimate Density Report. For harbor seal and Take Calculation and Estimation is also based on local sea lion California sea lion, because WSDOT has Here we describe how the information abundance information from the Seattle better local distribution data based on provided above is brought together to Colman Project. During 99 days of recent survey in the area, local animal produce a quantitative take estimate. marine mammal visual monitoring abundance are used to calculate the take For all other marine mammals, takes 1,047 California sea lions were numbers. Specifically, the occurrence of were calculated as: Take = ensonified observed, an average of 11 animals/day, these two species are based on local seal area × average animal abundance in the with a one-day high of 48 observations abundance information off the Seattle area × pile driving days. All Level A on 1/8/2018. (WSDOT 2018b). By area from Year One (2017/18) of takes were further adjusted by subtract adjusting the averaged observation of WSDOT’s Seattle Colman Project. animals that would occur within the harbor seals to 14 animals/day as a For bottlenose dolphin and short- Level A harassment zone (except for conservative estimate to account for beaked common dolphin, no density harbor seal where a 60-m shutdown possible missed observation, and based estimate is available. Therefore, take zone would be implemented), where on a total of 114 pile driving days for numbers for these two species are based pile driving activities that could cause the WSDOT Seattle Colman Dock on prior anecdotal observations and Level A injury for all marine mammals, project, it is estimated that up to 1,596 strandings in the action area (Shuster et except harbor seal, harbor porpoise, and California sea lions could be exposed to al., 2015; Huggins et al., 2016). Dall’s porpoise, would be suspended noise levels associated with ‘‘take’’. Harbor porpoise density is based on a when an animal is observed to approach Although the Level A zones of otariids recent study by Smultea et al. (2017) for such a zone. Further, the number of are all very small (<33 m, Table 5) and the Seattle area near the Colman Dock. Level B takes were adjusted to exclude WSDOT will implement strict shutdown A summary of marine mammal those already counted for Level A takes. measures if a sea lion is observed to be density, days and Level A and Level B The harbor seal take estimate is based moving towards the Level A zone, it is harassment areas from different pile on local seal abundance information off still possible that in rare occasions an driving and removal activities is the Seattle area from Year One (2017/18) animal could enter the Level A zone provided in Table 6. of WSDOT’s Seattle Colman Project. undetected. We therefore, estimate that During 99 days of marine mammal one California sea lion could be taken TABLE 6—MARINE MAMMAL DENSITY visual monitoring, 813 harbor seals were by Level A harassment on each of the AND LOCAL OCCURRENCE IN THE observed, an average of 8.212 animals/ 16 days that involve vibratory/impact WSDOT PROJECT AREA day, with a one-day high of 43 pile driving of 36-in steel piles when the observations on 10/24/17 (WSDOT Level A zone is 32 m. Thus a total of 2 Species Density (#/km ) 2018b). By adjusting the averaged 16 Level A harassment of California sea or animals/day observation of harbor seals to 11 lion is estimated. The difference animals/day as a conservative estimate between the 1,596 total takes and the 16 Gray whale ...... 0.0051/km2. to account for possible missed Level A takes makes up the California Minke whale ...... 0.00003/km2. Killer whale (West coast 0.002/km2. observation, and based on a total of 114 sea lions Level B takes, which is 1,580 transient). pile driving days for the WSDOT Seattle animals. The same reasoning for Bottlenose dolphin ...... NA. Colman Dock project, it is estimated that estimating Steller sea lion Level A takes, Short-beaked common dol- NA. up to 1,254 harbor seals could be which results an estimated 16 Level A phin. exposed to noise levels associated with takes and 216 Level B takes.

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The Common bottlenose dolphin they would be present on a daily basis. transient killer whales, gray whales, and estimate is based on sightings data from Instead it is assumed that they may be minke whales, takes numbers were Cascadia Research Collective. Between present in the Level B harassment zone adjusted to account for group encounter September 2017 and March 2018, a once a month during the in-water work and the likelihood of encountering. group of up to five to six individuals window (7 months), and adjusted for Specifically, for northern elephant seal, was sighted in South Puget Sound (CRC potential group size of 5–10 individuals take of 15 animals is estimated based on 2017/18). It is assumed that this group with an average of 7 animals per group. the likelihood of encountering this is still present in the area. For harbor porpoise, density based species during the project period. For Given how rare Common bottlenose Level A take calculation yields a total of transient killer whale, takes of 30 dolphins are in the area, it is unlikely 28 animals. However, due to the large animals is estimated based on the group they would be present on a daily basis. Level A distance during the 36-in pile Instead it is assumed that they may be driving (990 m) during 16 days and the size and the likelihood of encountering present in the Level B harassment zone 108-in pile driving (296 m) during one in the area. For gray whale and minke once a month during the in-water work day, its Level A take is readjusted to whale, takes of 30 and 8 animals each window (7 months), and adjusted for account for a typical animal group size are estimated, respectively, based on the potential group size of 5–10 individuals of 3 multiplied by these 17 days with likelihood of encountering. with an average of 7 animals per group. large Level A zones. Therefore, we For SRKWs, WSDOT will implement The Long-beaked Common dolphin estimate that a total of 51 harbor strict monitoring and mitigation estimate is based on sightings data from porpoise could be taken by Level A measures and to suspend pile driving Cascadia Research Collective. Four to harassment. activities when such animal is detected six Long-beaked Common dolphins For Dall’s porpoise, due to its in the vicinity of the action area (see have remained in Puget Sound since relatively uncommon occurrence in Proposed Mitigation section below). June 2016, and four animals with comparison to harbor porpoise, the distinct markings have been seen estimated Level A take is scaled down A summary of estimated takes based multiple times and in every season of by 1⁄3 that of harbor porpoise, yielding on the above analysis is listed in Table the year as of October 2017 (CRC 2017). 17 Level A takes. 7. Given how rare Long-beaked Common For calculated take number less than dolphins are in the area, it is unlikely 15, such as northern elephant seals,

TABLE 7—ESTIMATED TAKE NUMBERS

Estimated Estimated Estimated total Species Level A take Level B take take Abundance Percentage

Pacific harbor seal ...... 187 1,067 1,254 11,036 11 Northern elephant seal ...... 0 15 15 81,368 0 California sea lion ...... 16 1,580 1,596 296,750 1 Steller sea lion ...... 16 216 232 67,290 0 Killer whale, transient ...... 0 30 30 243 12 Killer whale, Southern Resident ...... 0 0 0 84 0 Gray whale ...... 0 30 30 20,990 0 Humpback whale ...... 0 0 0 1,918 0 Minke whale ...... 0 8 8 202 2 Harbor porpoise...... 51 3,946 3,997 11,233 * 36 Dall’s porpoise ...... 17 261 278 25,750 1 Long-beaked common dolphin ...... 0 49 49 101,305 0 Bottlenose dolphin ...... 0 49 49 1,921 3 * The percentage of individual harbor porpoises take is estimated to be notably smaller than this, as described in the ‘‘Small Numbers’’ section.

Proposed Mitigation impact upon the affected species or effective if implemented (probability of In order to issue an IHA under section stocks and their habitat (50 CFR accomplishing the mitigating result if 101(a)(5)(D) of the MMPA, NMFS must 216.104(a)(11)). implemented as planned) the likelihood set forth the permissible methods of In evaluating how mitigation may or of effective implementation (probability taking pursuant to such activity, and may not be appropriate to ensure the implemented as planned); and other means of effecting the least least practicable adverse impact on (2) The practicability of the measures practicable impact on such species or species or stocks and their habitat, as for applicant implementation, which stock and its habitat, paying particular well as subsistence uses where may consider such things as cost, attention to rookeries, mating grounds, applicable, we carefully consider two impact on operations, and, in the case primary factors: and areas of similar significance, and on of a military readiness activity, the availability of such species or stock (1) The manner in which, and the personnel safety, practicality of for taking for certain subsistence uses degree to which, the successful implementation, and impact on the (latter not applicable for this action). implementation of the measure(s) is effectiveness of the military readiness NMFS regulations require applicants for expected to reduce impacts to marine activity. incidental take authorizations to include mammals, marine mammal species or information about the availability and stocks, and their habitat. This considers Mitigation for Marine Mammals and feasibility (economic and technological) the nature of the potential adverse Their Habitat of equipment, methods, and manner of impact being mitigated (likelihood, conducting such activity or other means scope, range). It further considers the 1. Time Restriction. of effecting the least practicable adverse likelihood that the measure will be

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Work would occur only during taken by Level A harassment (see Table Level A harassment zone exceeds 60 m. daylight hours, when visual monitoring 7 above) except for harbor seal. For This is because there are a few of marine mammals can be conducted. Level A harassment zones that is less habituated harbor seals that repeated 2. Establishing and Monitoring Level than 10 m from the source, a minimum occur within the larger Level A zone, A, Level B Harassment Zones, and of 10 m distance should be established which makes implementing a shutdown Shutdown Zones. as a shutdown zone. For harbor seal, a zone larger than 60 m infeasible. WSDOT shall establish shutdown maximum of 60 m shutdown zone zones that encompass the distances A summary of exclusion zones is would be implemented if the actual within which marine mammals could be provided in Table 8.

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

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

Vibratory drive/removal, 24″ & 30″ steel piles, 8 piles/day, 20 min/pile ...... 97 10 143 59 10 Vibratory removal 30″ steel pile, 1 pile/day, 20 min/pile ..... 24 10 36 15 10 Vibratory drive 36″ steel pile, 8 piles/day, 20 min/pile ...... 126 11 187 60 10 Vibratory drive 36″ steel pile, 8 piles/day, 20 min/pile ...... 153 14 227 60 10 Impact drive (proof) 36″ steel pile, 8 piles/day, 300 strikes/ pile ...... 432 15 515 60 17 Vibratory drive 108″ steel pile, 1 pile/day, 120 min/pile ...... 200 18 296 60 10 Vibratory remove 14″ timber pile, 20 piles/day, 15 min/pile 10 10 12 10 10 Vibratory remove 12″ steel pile, 11 piles/day, 20 min/pile .. 10 10 10 10 10 Vibratory remove 14″ steel H pile, 10 piles/day, 20 min/ pile ......

WSDOT shall also establish a Zone of exclusion zone or 30 minutes have If a SRKW, an unidentified killer Influence (ZOI) based on the Level B elapsed since the last sighting. whale, or a humpback whale enters the harassment zones for take monitoring 3. Soft-Start. ZOI undetected, in-water pile driving or where received underwater SPLs are A ‘‘soft-start’’ technique is intended to pile removal shall be suspended until higher than 160 dBrms re 1 mPa for allow marine mammals to vacate the the whale exits the ZOI to avoid further impulsive noise sources (impact pile area before the impact pile driver level B harassment. Further, WSDOT shall implement driving) and 120 dBrms re 1 mPa for non- reaches full power. Whenever there has impulsive noise sources (vibratory pile been downtime of 30 minutes or more shutdown measures if the number of driving and pile removal). without impact pile driving, the authorized takes for any particular contractor will initiate the driving with species reaches the limit under the IHA NMFS-approved protected species or if a marine mammal observed is not observers (PSO) shall conduct an initial ramp-up procedures described below. Soft start for impact hammers requires authorized for take under this IHA, if 30-minute survey of the exclusion zones such marine mammals are sighted to ensure that no marine mammals are contractors to provide an initial set of three strikes from the impact hammer at within the vicinity of the project area seen within the zones before pile and are approaching the Level B driving and pile removal of a pile 40 percent energy, followed by a 1- minute waiting period, then two harassment zone during in-water segment begins. If marine mammals are subsequent three-strike sets. Each day, construction activities. found within the exclusion zone, pile 5. Coordination With Local Marine WSDOT will use the soft-start technique driving of the segment would be Mammal Research Network. at the beginning of impact pile driving, delayed until they move out of the area. Prior to the start of pile driving for the or if pile driving has ceased for more If a marine mammal is seen above water day, the Orca Network and/or Center for than 30 minutes. and then dives below, the contractor Whale Research will be contacted by 4. Shutdown Measures. would wait 15 minutes. If no marine WSDOT to find out the location of the WSDOT shall implement shutdown mammals are seen by the observer in nearest marine mammal sightings. The measures if a marine mammal is that time it can be assumed that the Orca Sightings Network consists of a list detected within an exclusion zone or is animal has moved beyond the exclusion of over 600 (and growing) residents, about to enter an exclusion zone listed zone. scientists, and government agency in Tables 8. personnel in the U.S. and Canada. If pile driving of a segment ceases for WSDOT shall also implement Sightings are called or emailed into the 30 minutes or more and a marine shutdown measures if SRKWs or Orca Network and immediately mammal is sighted within the humpback whales are sighted within the distributed to other sighting networks designated exclusion zone prior to vicinity of the project area and are including: The NMFS Northwest commencement of pile driving, or if a approaching the ZOI during in-water Fisheries Science Center, the Center for shutdown occurs due to marine construction activities. Whale Research, Cascadia Research, the mammal sighting, the observer(s) must If a killer whale approaches the ZOI Whale Museum Hotline and the British notify the pile driving operator (or other during pile driving or removal, and it is Columbia Sightings Network. authorized individual) immediately and unknown whether it is a SRKW or a Sightings information collected by the continue to monitor the exclusion zone. transient killer whale, it shall be Orca Network includes detection by Operations may not resume until the assumed to be a SRKW and WSDOT hydrophone. The SeaSound Remote marine mammal has exited the shall implement the shutdown measure. Sensing Network is a system of

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interconnected hydrophones installed noise); (2) affected species (e.g., life • For Level B harassment zones with in the marine environment of Haro history, dive patterns); (3) co-occurrence radii larger than 1,600 m but smaller Strait (west side of San Juan Island) to of marine mammal species with the than 2,500 m, 4 PSOs will be monitoring study orca communication, in-water action; or (4) biological or behavioral from land. noise, bottom fish ecology and local context of exposure (e.g., age, calving or • For Level B harassment zones with climatic conditions. A hydrophone at feeding areas); radii larger than 2,500 m, 4 PSOs will the Port Townsend Marine Science • Individual marine mammal be monitoring from land with an Center measures average in-water sound responses (behavioral or physiological) additional 1 PSO monitoring from a levels and automatically detects to acoustic stressors (acute, chronic, or ferry. unusual sounds. These passive acoustic cumulative), other stressors, or 6. PSOs shall collect the following devices allow researchers to hear when cumulative impacts from multiple information during marine mammal different marine mammals come into stressors; monitoring: the region. This acoustic network, • How anticipated responses to • Date and time that monitored combined with the volunteer stressors impact either: (1) Long-term activity begins and ends for each day (incidental) visual sighting network fitness and survival of individual conducted (monitoring period); allows researchers to document marine mammals; or (2) populations, • Construction activities occurring presence and location of various marine species, or stocks; during each daily observation period, mammal species. • Effects on marine mammal habitat including how many and what type of With this level of coordination in the (e.g., marine mammal prey species, piles driven; region of activity, WSDOT will be able acoustic habitat, or other important • Deviation from initial proposal in to get real-time information on the physical components of marine pile numbers, pile types, average presence or absence of whales before mammal habitat); and driving times, etc.; starting any pile driving. • Mitigation and monitoring • Weather parameters in each Based on our evaluation of the effectiveness. monitoring period (e.g., wind speed, required measures, NMFS has percent cloud cover, visibility); preliminarily determined that the Proposed Monitoring Measures • Water conditions in each prescribed mitigation measures provide WSDOT shall employ NMFS- monitoring period (e.g., sea state, tide the means effecting the least practicable approved PSOs to conduct marine state); impact on the affected species or stocks mammal monitoring for its dolphin • For each marine mammal sighting: and their habitat, paying particular relocation project at Bremerton and Æ Species, numbers, and, if possible, attention to rookeries, mating grounds, Edmonds ferry terminals. The purposes sex and age class of marine mammals; and areas of similar significance. of marine mammal monitoring are to Æ Description of any observable implement mitigation measures and marine mammal behavior patterns, Proposed Monitoring and Reporting learn more about impacts to marine including bearing and direction of travel In order to issue an IHA for an mammals from WSDOT’s construction and distance from pile driving activity; activity, section 101(a)(5)(D) of the activities. The PSOs will observe and Æ Location and distance from pile MMPA states that NMFS must set forth, collect data on marine mammals in and driving activities to marine mammals requirements pertaining to the around the project area for 30 minutes and distance from the marine mammals monitoring and reporting of such taking. before, during, and for 30 minutes after to the observation point; and The MMPA implementing regulations at all pile removal and pile installation Æ Estimated amount of time that the 50 CFR 216.104 (a)(13) indicate that work. NMFS-approved PSOs shall meet animals remained in the Level B zone; requests for authorizations must include the following requirements: • Description of implementation of the suggested means of accomplishing 1. Independent observers (i.e., not mitigation measures within each the necessary monitoring and reporting construction personnel) are required; monitoring period (e.g., shutdown or that will result in increased knowledge 2. At least one observer must have delay); of the species and of the level of taking prior experience working as an observer; • Other human activity in the area or impacts on populations of marine 3. Other observers may substitute within each monitoring period mammals that are expected to be education (undergraduate degree in To verify the required monitoring present in the proposed action area. biological science or related field) or distance, the exclusion zones and ZOIs Effective reporting is critical both to training for experience; will be determined by using a range compliance as well as ensuring that the 4. Where a team of three or more finder or hand-held global positioning most value is obtained from the required observers are required, one observer system device. monitoring. should be designated as lead observer or WSDOT will conduct noise field Monitoring and reporting monitoring coordinator. The lead measurement to determine the actual requirements prescribed by NMFS observer must have prior experience Level B distance from the source during should contribute to improved working as an observer; and vibratory pile of the first pile. If the understanding of one or more of the 5. NMFS will require submission and actual Level B harassment distance is following: approval of observer CVs. less than modelled, the number of PSOs • Occurrence of marine mammal Monitoring of marine mammals will be adjusted based on the criteria species or stocks in the area in which around the construction site shall be listed above. take is anticipated (e.g., presence, conducted using high-quality binoculars abundance, distribution, density); (e.g., Zeiss, 10 × 42 power). Due to the Reporting Measures • Nature, scope, or context of likely different sizes of ZOI from different pile WSDOT is required to submit a draft marine mammal exposure to potential types, three different ZOIs and different monitoring report within 90 days after stressors/impacts (individual or monitoring protocols corresponding to a completion of the construction work or cumulative, acute or chronic), through specific pile type will be established. the expiration of the IHA (if issued), better understanding of: (1) Action or • For Level B harassment zones with whichever comes earlier. In the case if environment (e.g., source radii less than 1,600 m, 3 PSOs will be WSDOT intends to renew the IHA (if characterization, propagation, ambient monitoring from land. issued) in a subsequent year, a

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monitoring report should be submitted incorporated into this analysis via their For these species except harbor seal, 60 days before the expiration of the impacts on the environmental baseline harbor porpoise and Dall’s porpoise, current IHA (if issued). This report (e.g., as reflected in the regulatory status takes that are anticipated and would detail the monitoring protocol, of the species, population size and authorized are expected to be limited to summarize the data recorded during growth rate where known, ongoing short-term Level B harassment monitoring, and estimate the number of sources of human-caused mortality, or (behavioral and TTS). Marine mammals marine mammals that may have been ambient noise levels). present in the vicinity of the action area harassed. NMFS would have an To avoid repetition, this introductory and taken by Level B harassment would opportunity to provide comments on the discussion of our analyses applies to all most likely show overt brief disturbance report, and if NMFS has comments, the species listed in Table 7, given that (startle reaction) and avoidance of the WSDOT would address the comments the anticipated effects of WSDOT’s area from elevated noise levels during and submit a final report to NMFS Seattle Multimodal at Colman Dock pile driving and pile removal and the within 30 days. project involving pile driving and pile implosion noise. A few marine In addition, NMFS would require removal on marine mammals are mammals could experience TTS if they WSDOT to notify NMFS’ Office of expected to be relatively similar in occur within the Level B TTS ZOI. Protected Resources and NMFS’ West nature. There is no information about However, as discussed earlier in this Coast Stranding Coordinator within 48 the nature or severity of the impacts, or document, TTS is a temporary loss of hours of sighting an injured or dead the size, status, or structure of any hearing sensitivity when exposed to marine mammal in the construction site. species or stock that would lead to a loud sound, and the hearing threshold WSDOT shall provide NMFS and the different analysis by species for this is expected to recover completely Stranding Network with the species or activity, or else species-specific factors within minutes to hours. Therefore, it is description of the animal(s), the would be identified and analyzed. not considered an injury. condition of the animal(s) (including Portions of the SRKW is within the Although a few marine mammals (132 carcass condition, if the animal is dead), proposed action area. However, WSDOT harbor seals, 12 harbor porpoises, and 1 location, time of first discovery, would be required to implement strict Dall’s porpoise) are estimated to observed behaviors (if alive), and photo mitigation measures to suspend pile experience Level A harassment in the or video (if available). driving or pile removal activities when form of PTS if they stay within the Level In the event that WSDOT finds an this stock is detected in the vicinity of injured or dead marine mammal that is A harassment zone during the entire the project area. Therefore, the potential not in the construction area, WSDOT pile driving for the day, the degree of effects to SRKW would be fully would report the same information as injury is expected to be mild and is not mitigated. There is no other important listed above to NMFS as soon as likely to affect the reproduction or areas for marine mammals, such as operationally feasible. survival of the individual animals. It is know important feeding, pupping, or expected that, if hearing impairments Negligible Impact Analysis and other areas. occurs, most likely the affected animal The project also is not expected to Determination would lose a few dB in its hearing have significant adverse effects on NMFS has defined negligible impact sensitivity, which in most cases is not affected marine mammals’ habitat, as as an impact resulting from the likely to affect its survival and analyzed in detail in the ‘‘Anticipated specified activity that cannot be recruitment. Hearing impairment that Effects on Marine Mammal Habitat’’ reasonably expected to, and is not occur for these individual animals subsection. There is no ESA designated reasonably likely to, adversely affect the would be limited to the dominant critical area in the vicinity of the Seattle species or stock through effects on frequency of the noise sources, i.e., in Multimodal Project at Colman Dock annual rates of recruitment or survival the low-frequency region below 2 kHz. area. The project activities would not (50 CFR 216.103). A negligible impact Therefore, the degree of PTS is not permanently modify existing marine finding is based on the lack of likely likely to affect the echolocation mammal habitat. The activities may kill adverse effects on annual rates of performance of the two porpoise some fish and cause other fish to leave recruitment or survival (i.e., population- species, which use frequencies mostly the area temporarily, thus impacting level effects). An estimate of the number above 100 kHz. Nevertheless, for all marine mammals’ foraging of takes alone is not enough information marine mammal species, it is known opportunities in a limited portion of the on which to base an impact that in general animals avoid areas foraging range. However, because of the determination. In addition to where sound levels could cause hearing short duration of the activities and the considering estimates of the number of impairment. Therefore, it is not likely relatively small area of the habitat that marine mammals that might be ‘‘taken’’ that an animal would stay in an area may be affected, the impacts to marine through harassment, NMFS considers with intense noise that could cause mammal habitat are not expected to other factors, such as the likely nature severe levels of hearing damage. In cause significant or long-term negative of any responses (e.g., intensity, addition, even if an animal receives a consequences. Therefore, given the duration), the context of any responses TTS, the TTS would be a one-time event consideration of potential impacts to (e.g., critical reproductive time or from the exposure, making it unlikely marine mammal prey species and their location, migration), as well as effects that the TTS would evolve into PTS. physical environment, WSDOT’s on habitat, and the likely effectiveness Furthermore, Level A take estimates are proposed construction activity at of the mitigation. We also assess the based on the assumption that the Colman Dock would not adversely affect number, intensity, and context of animals are randomly distributed in the marine mammal habitat. estimated takes by evaluating this project area and would not avoid • Injury—only 3 species of marine information relative to population intense noise levels that could cause mammals would experience Level A status. Consistent with the 1989 TTS or PTS. In reality, animals tend to affects in the form of mild PTS, which preamble for NMFS’ implementing avoid areas where noise levels are high is expected to be of small degree. regulations (54 FR 40338; September 29, (Richardson et al., 1995). Nonetheless, • Behavioral disturbance—eleven 1989), the impacts from other past and we evaluate the estimated take in this species/stocks of marine mammals ongoing anthropogenic activities are negligible impact analysis. would experience behavioral

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disturbance and TTS from the WSDOT’s monitoring measures) and the 1. This Authorization is valid from Seattle Colman Dock project. However, anticipated take of marine mammals, August 1, 2018, through July 31, 2019. as discussed earlier, the area to be NMFS finds that small numbers of each 2. This Authorization is valid only for affected is small and the duration of the species or stock will be taken relative to activities associated with in-water project is short. Although portion of the the population size of the affected construction work at the Seattle SWKR critical habitat is within the species or stocks. Multimodal Project at Colman Dock in project area, strict mitigation measures the State of Washington. such as implementing shutdown Unmitigable Adverse Impact 3. (a) The species authorized taking by measures and suspending pile driving Subsistence Analysis and Level A and Level B harassments and in will mitigate such effects. No other Determination the numbers shown in Table 7 are: Gray important habitat for marine mammals There are no relevant subsistence uses whale (Eschrichtius robustus), minke exist in the vicinity of the project area. of the affected marine mammal stocks or whale (Balaenoptera acutorostrata), Therefore, the overall impacts are species implicated by this action. killer whale (Orcinus orca), long-beaked expected to be insignificant. Therefore, NMFS has determined that common dolphin (Delphinus capensis), Based on the analysis contained the total taking of affected species or bottlenose dolphin (Tursiops truncatus), herein of the likely effects of the stocks would not have an unmitigable harbor porpoise (Phocoena phocoena), specified activity on marine mammals adverse impact on the availability of Dall’s porpoise (P. dali), California sea and their habitat, and taking into such species or stocks for taking for lion (Zalophus californianus), Steller consideration the implementation of the subsistence purposes. sea lion (Eumetopias jubatus), Pacific monitoring and mitigation measures, harbor seal (Phoca vitulina), and NMFS finds that the total take from the Endangered Species Act (ESA) northern elephant seal (Mirounga proposed activity will have a negligible Section 7(a)(2) of the Endangered angustirostris). impact on all affected marine mammal Species Act of 1973 (ESA: 16 U.S.C. (b) The authorization for taking by species or stocks. 1531 et seq.) requires that each Federal harassment is limited to the following Small Numbers agency insure that any action it acoustic sources and from the following authorizes, funds, or carries out is not activities: As noted above, only small numbers (1) Vibratory pile and impact pile of incidental take may be authorized likely to jeopardize the continued existence of any endangered or driving; and under Section 101(a)(5)(D) of the MMPA (2) Vibratory pile removal. for specified activities other than threatened species or result in the destruction or adverse modification of 4. Prohibitions. military readiness activities. The MMPA (a) The taking, by incidental designated critical habitat. does not define small numbers and so, harassment only, is limited to the in practice, NMFS compares the number The California-Oregon-Washington species listed under condition 3(a) of individuals anticipated to be taken to stock of humpback whale and the above and by the numbers listed in the most appropriate estimation of the Southern Resident stock of killer whale Table 7 of this notice. The taking by relevant species or stock size in our are the only marine mammal species serious injury or death of these species determination of whether an listed under the ESA that could occur in or the taking by harassment, injury or authorization would be limited to small the vicinity of WSDOT’s proposed death of any other species of marine numbers of marine mammals. construction projects. Two DPSs of mammal is prohibited unless separately The estimated takes are below 13 humpback whales, the Mexico DPS and authorized or exempted under the percent of the population for all marine the Central America DPS, are listed as MMPA and may result in the mammals except harbor porpoise (Table threatened and endangered under the modification, suspension, or revocation 7). For harbor porpoise, the estimate of ESA, respectively. NMFS is proposing of this Authorization. 3,997 incidences of takes would be 36 to authorize take of California/Oregon/ (b) The taking of any marine mammal percent of the population, if each single Washington stock of humpback whale, is prohibited whenever the required take were a unique individual. which are listed under the ESA. NMFS protected species observers (PSOs), However, this is highly unlikely because worked with WSDOT to implement required by condition 7(a), are not the harbor porpoise in Washington shutdown measures in the IHA that present in conformance with condition waters shows site fidelity to small areas would avoid takes of both SR killer 7(a) of this Authorization. for periods of time that can extend whale and humpback whales. Therefore, 5. Mitigation. between seasons (Hanson et al., 1999; NMFS determined that no ESA-listed (a) Time Restriction. In-water Hanson 2007a, 2007b). For example, marine mammal species would be construction work shall occur only Hanson et al., (1999) tracked a female affected as a result of WSDOT’s Seattle during daylight hours. harbor porpoise for 215 days, during Colman Dock construction project. (b) Establishing and Monitoring Level which it remained exclusively within Proposed Authorization A, Level B Harassment Zones, and the southern Strait of Georgia region. Shutdown Zones. Based on studies by Jefferson et al. As a result of these preliminary (i) Before the commencement of in- (2016), harbor porpoise abundance in determinations, NMFS proposes to issue water pile driving/removal activities, the southern Puget Sound region, which an IHA to WSDOT for conducting WSDOT shall establish Level A encompasses waters off Seattle, is 550. Seattle Multimodal Project at Colman harassment zones. The modeled Level A Therefore, if the estimated incidents of Dock in Seattle, Washington, between zones are summarized in Table 5. take accrued to all the animals expected August 1, 2018, and July 31, 2019, (ii) Before the commencement of in- to occur in the entire southern Puget provided the previously mentioned water pile driving/removal activities, Sound area (550 animals), it would be mitigation, monitoring, and reporting WSDOT shall establish Level B 4.90 percent of the Washington inland requirements are incorporated. This harassment zones. The modeled Level B water stock of the harbor porpoise. section contains a draft of the IHA itself. zones are summarized in Table 5. Based on the analysis contained The wording contained in this section is (iii) Before the commencement of in- herein of the proposed activity proposed for inclusion in the IHA (if water pile driving/removal activities, (including the prescribed mitigation and issued). WSDOT shall establish exclusion zones.

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The proposed exclusion zones are and are approaching the Level B (iii) If marine mammals are observed, summarized in Table 8. harassment zone during pile removal the following information will be (iv) If pile driving of a segment ceases activities. documented: for 30 minutes or more and a marine (f) Coordination with Local Marine (A) Species of observed marine mammal is sighted within the Mammal Research Network and mammals; designated exclusion zone prior to obtaining marine mammal sightings and (B) Number of observed marine commencement of pile driving, or if a acoustic detection data. Prior to the start mammal individuals; shutdown occurs due to marine of pile driving, WSDOT will contact the (C) Behavior of observed marine mammal sighting, the observer(s) must Orca Network and/or Center for Whale mammals; and notify the pile driving operator (or other Research to get real-time information on (D) Location within the ZOI. authorized individual) immediately and (c) Passive Acoustic Monitoring: the presence or absence of whales before (i) WSDOT will conduct noise field continue to monitor the exclusion zone. starting any pile driving, measurement to determine the actual Operations may not resume until the 6. Monitoring. Level B distance from the source during marine mammal has exited the (a) Protected Species Observers. vibratory pile of the first pile. exclusion zone or 30 minutes have WSDOT shall employ NMFS- (ii) If the actual Level B harassment elapsed since the last sighting. approved PSOs to conduct marine distance is less than modelled, the (c) Monitoring of marine mammals mammal monitoring for its construction number of PSOs will be adjusted based shall take place starting 30 minutes project. NMFS-approved PSOs will meet on the criteria listed above. before pile driving begins until 30 the following qualifications. 7. Reporting. minutes after pile driving ends. (i) Independent observers (i.e., not (a) WSDOT shall provide NMFS with (d) Soft Start construction personnel) are required. a draft monitoring report within 90 days (i) When there has been downtime of (ii) At least one observer must have of the conclusion of the construction 30 minutes or more without pile prior experience working as an observer. work or within 90 days of the expiration driving, the contractor will initiate the (iii) Other observers may substitute of the IHA, whichever comes first. This driving with ramp-up procedures education (undergraduate degree in report shall detail the monitoring described below. biological science or related field) or protocol, summarize the data recorded (ii) Soft start for impact hammers training for experience. during monitoring, and estimate the requires contractors to provide an initial (iv) Where a team of three or more number of marine mammals that may set of three strikes from the impact observers are required, one observer have been harassed. hammer at 40 percent energy, followed should be designated as lead observer or (b) IF WSDOT plans to renew the IHA by a 1-minute waiting period, then two monitoring coordinator. The lead for an additional year, a monitoring subsequent three-strike sets. Each day, observer must have prior experience report must be received within 60 days WSDOT will use the soft-start technique working as an observer. before the expiration of an existing IHA. at the beginning of impact pile driving (v) NMFS will require submission and (c) If comments are received from or removal, or if pile driving has ceased approval of observer CVs. NMFS Office of Protected Resources on for more than 30 minutes. (b) Monitoring Protocols: PSOs shall the draft report, a final report shall be (e) Shutdown Measures submitted to NMFS within 30 days (i) WSDOT shall implement be present on site at all times during pile removal and driving. thereafter. If no comments are received shutdown measures if a marine mammal from NMFS, the draft report will be is detected within or to be approaching (i) A 30-minute pre-construction marine mammal monitoring will be considered to be the final report. the exclusion zones provided in Table 8 (d) In the unanticipated event that the of this notice. required before the first pile driving or pile removal of the day. A 30-minute construction activities clearly cause the (ii) WSDOT shall implement take of a marine mammal in a manner shutdown measures if SRKWs (SRKWs) post-construction marine mammal monitoring will be required after the last prohibited by this Authorization (if or humpback whales are sighted within issued), such as an injury, serious the vicinity of the project area and are pile driving or pile removal of the day. If the constructors take a break between injury, or mortality, WSDOT shall approaching the Level B harassment immediately cease all operations and zone (zone of influence, or ZOI) during subsequent pile driving or pile removal for more than 30 minutes, then immediately report the incident to the in-water construction activities. Office of Protected Resources, NMFS, (iii) If a killer whale approaches the additional 30-minute pre-construction and the West Coast Regional Stranding ZOI during pile driving or removal, and marine mammal monitoring will be Coordinators. The report must include it is unknown whether it is a SRKW or required before the next start-up of pile driving or pile removal. the following information: a transient killer whale, it shall be (i) Time, date, and location (latitude/ assumed to be a SRKW and WSDOT (ii) Marine mammal visual monitoring will be conducted for different zones of longitude) of the incident; shall implement the shutdown measure (ii) description of the incident; identified in 6(e)(ii). influence (ZOIs) based on different sizes (iii) status of all sound source use in (iv) If a SRKW or a humpback whale of piles being driven or removed. the 24 hours preceding the incident; enters the ZOI undetected, in-water pile (A) For Level B harassment zones (iv) environmental conditions (e.g., driving or pile removal shall be with radii less than 1,600 m, 3 PSOs wind speed and direction, sea state, suspended until the SRKW exits the ZOI will be monitoring from land. cloud cover, visibility, and water to avoid further level B harassment. (B) For Level B harassment zones with depth); (v) WSDOT shall implement radii larger than 1,600 m but smaller (v) description of marine mammal shutdown measures if the number of than 2,500 m, 4 PSOs will be monitoring observations in the 24 hours preceding any allotted marine mammal takes from land. the incident; reaches the limit under the IHA or if a (C) For Level B harassment zones with (vi) species identification or marine mammal observed is not radii larger than 2,500 m, 4 PSOs will description of the animal(s) involved; authorized for take under this IHA, if be monitoring from land with an (vii) the fate of the animal(s); and such marine mammals are sighted additional 1 PSO monitoring from a (viii) photographs or video footage of within the vicinity of the project area ferry. the animal (if equipment is available).

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(e) Activities shall not resume until Please include with your comments any Agency: United States Patent and NMFS is able to review the supporting data or literature citations to Trademark Office, Commerce. circumstances of the prohibited take. help inform our final decision on the Title: Ombudsman Survey. NMFS shall work with WSDOT to request for MMPA authorization. OMB Control Number: 0651–0078. determine what is necessary to On a case-by-case basis, NMFS may Form Number(s): None. minimize the likelihood of further issue a second one-year IHA without Type of Request: Regular. prohibited take and ensure MMPA additional notice when (1) another year Number of Respondents: 1,100 compliance. WSDOT may not resume of identical or nearly identical activities responses per year. their activities until notified by NMFS as described in the Specified Activities Average Hours per Response: The via letter, email, or telephone. section is planned or (2) the activities USPTO estimates that it will take (f) In the event that WSDOT discovers would not be completed by the time the approximately 5 minutes (0.08 hours) to an injured or dead marine mammal, and IHA expires and a second IHA would complete the survey. the lead PSO determines that the cause allow for completion of the activities Burden Hours: 91.67 hours per year. of the injury or death is unknown and beyond that described in the Dates and Cost Burden: $0. the death is relatively recent (i.e., in less Duration section, provided all of the Needs and Uses: The objectives of the than a moderate state of decomposition following conditions are met: Patents Ombudsman Program are: (1) To as described in the next paragraph), • A request for renewal is received no facilitate complaint-handling for pro se WSDOT will immediately report the later than 60 days prior to expiration of applicants and applicant’s incident to the Office of Protected the current IHA. representatives whose applications have Resources, NMFS, and the West Coast • The request for renewal must stalled in the examination process; (2) to Regional Stranding Coordinators. The include the following: track complaints to ensure each is report must include the same (1) An explanation that the activities handled within ten business days; (3) to information identified above. Activities to be conducted beyond the initial dates provide feedback and early warning may continue while NMFS reviews the either are identical to the previously alerts to USPTO management regarding circumstances of the incident. NMFS analyzed activities or include changes training needs based on complaint will work with WSDOT to determine so minor (e.g., reduction in pile size) trends; and (4) to build a database of whether modifications in the activities that the changes do not affect the frequently asked questions accessible to are appropriate. previous analyses, take estimates, or the public that address commonly seen (g) In the event that WSDOT discovers mitigation and monitoring problems and provide effective an injured or dead marine mammal, and requirements. resolutions. The USPTO Ombudsman the lead PSO determines that the injury (2) A preliminary monitoring report survey is a key component in the or death is not associated with or related showing the results of the required agency’s evaluation of the program, to the activities authorized in the IHA monitoring to date and an explanation providing a mechanism to monitor the (e.g., previously wounded animal, showing that the monitoring results do effectiveness of the program and carcass with moderate to advanced not indicate impacts of a scale or nature identify potential opportunities for decomposition, or scavenger damage), not previously analyzed or authorized. program enhancement. This survey is WSDOT shall report the incident to the Upon review of the request for being conducted by the USPTO’s Office of Protected Resources, NMFS, renewal, the status of the affected Ombudsman Program and will be and the West Coast Regional Stranding species or stocks, and any other developed, administered, and Coordinators, within 24 hours of the pertinent information, NMFS summarized by USPTO personnel. discovery. WSDOT shall provide determines that there are no more than Affected Public: Businesses or other photographs or video footage (if minor changes in the activities, the for-profits; not-for-profit institutions. available) or other documentation of the mitigation and monitoring measures Frequency: On occasion. stranded animal sighting to NMFS and remain the same and appropriate, and Respondent’s Obligation: Voluntary. the Marine Mammal Stranding Network. the original findings remain valid. OMB Desk Officer: Nicholas A. Fraser, email: Nicholas_A._Fraser@ WSDOT can continue its operations Dated: May 22, 2018. under such a case. omb.eop.gov. 8. This Authorization may be Donna S. Wieting, Once submitted, the request will be modified, suspended or withdrawn if Director, Office of Protected Resources, publicly available in electronic format the holder fails to abide by the National Marine Fisheries Service. through reginfo.gov. Follow the conditions prescribed herein or if NMFS [FR Doc. 2018–11334 Filed 5–24–18; 8:45 am] instructions to view Department of determines the authorized taking is BILLING CODE 3510–22–P Commerce collections currently under having more than a negligible impact on review by OMB. the species or stock of affected marine Further information can be obtained DEPARTMENT OF COMMERCE mammals. by: • Email: InformationCollection@ 9. A copy of this Authorization must United States Patent and Trademark uspto.gov. Include ‘‘0651–0078 copy be in the possession of each contractor Office who performs the construction work at request’’ in the subject line of the the Colman ferry terminals. Submission for OMB Review; message. • Mail: Marcie Lovett, Director, Request for Public Comments Comment Request; Ombudsman Survey Records and Information Governance We request comment on our analyses, Division, Office of the Chief Technology the proposed authorization, and any The United States Patent and Officer, United States Patent and other aspect of this Notice of Proposed Trademark Office (USTPO) will submit Trademark Office, P.O. Box 1450, IHA for the proposed WSDOT Seattle to the Office of Management and Budget Alexandria, VA 22313–1450. Multimodal Project at Colman Dock. We (OMB) for clearance the following Written comments and also request comment on the potential proposal for collection of information recommendations for the proposed for renewal of this proposed IHA as under the provisions of the Paperwork information collection should be sent on described in the paragraph below. Reduction Act. or before June 25, 2018 to Nicholas A.

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Fraser, OMB Desk Officer, via email to 2940–01–367–7515—Filter Element, Fluid, NSN(s)—Product Name(s): [email protected], or by 5.10’’ D 8540–00–291–0389—Towel, Multifold, 3 fax to 202–395–5167, marked to the 2940–01–558–7221—Filter Element, Fluid, Panel, Natural attention of Nicholas A. Fraser. 3.69’’ D 8540–00–NIB–0101—Towel, Multifold, 3 2910–01–110–8184—Filter Cartridge, Fluid Panel, White Marcie Lovett, Mandatory for: 100% of the requirement of Mandatory for: Total Government Director, Records and Information the Department of Defense. Requirement. Governance Division, Office of the Chief Mandatory Source of Supply: West Texas Mandatory Source of Supply: Outlook- Technology Officer, United States Patent and Lighthouse for the Blind, San Angelo, Nebraska, Inc., Omaha, NE. Trademark Office. TX. Contracting Activity: General Services Contracting Activity: Defense Logistics Administration, New York, NY. [FR Doc. 2018–11252 Filed 5–24–18; 8:45 am] Agency Land and Maritime. Distribution: A-List. BILLING CODE 3510–16–P Distribution: C-List. Deletions NSN(s)—Product Name(s): 8115–01–582–9708—Box, Shipping, Multi- The following products are proposed COMMITTEE FOR PURCHASE FROM Use, Grey, 48’’ x 32’’ x 34’’ for deletion from the Procurement List: PEOPLE WHO ARE BLIND OR 8115–01–582–9710—Box, Shipping, Multi- Products SEVERELY DISABLED Use, Grey, 48’’ x 32’’ x 50’’ 8115–01–582–9711—Box, Shipping, Multi- NSN(s)—Product Name(s): Procurement List; Proposed Additions Use, Grey, 48’’ x 40’’ x 36’’ MR 863—Lint Remover, Roller Type and Deletions 8115–01–598–2716—Shipping Sleeve, Mandatory Source of Supply: Alphapointe, with Drop Panel, Grey, 40’’ x 48’’ x 45’’ Kansas City, MO. AGENCY: Committee for Purchase From 8115–01–598–2717—Shipping Sleeve, Contracting Activity: Defense Commissary People Who Are Blind or Severely with Drop Panel, Grey, 40’’ x 48’’ x 30’’ Agency. Disabled. Mandatory for: Total Government NSN(s)—Product Name(s): Requirement. ACTION: 7530–01–600–2030—Notebook, Proposed additions to and Mandatory Source of Supply: South Texas deletions from the Procurement List. Stenographer’s, Biobased Bagasse Paper, Lighthouse for the Blind, Corpus Christi, 6x9″, 80 sheets, Gregg Rule, White TX. SUMMARY: The Committee is proposing Mandatory Source of Supply: The Arkansas Contracting Activity: General Services to add products to the Procurement List Lighthouse for the Blind, Little Rock, Administration, New York, NY. AR. that will be furnished by nonprofit Distribution: A-List. Contracting Activity: General Services agencies employing persons who are NSN(s)—Product Name(s): Administration, New York, NY. blind or have other severe disabilities, 7350–01–332–2111—Bowl, Paper, Round, NSN(s)—Product Name(s): and deletes products previously 12 oz., Natural 6532–00–197–8201—Hood, Operating, furnished by such agencies. Mandatory for: Total Government Surgical, White. DATES: Comments must be received on Requirement. Mandatory Source of Supply: Unknown. or before: June 24, 2018. Mandatory Source of Supply: The Lighthouse Contracting Activity: Department of Veterans for the Blind in New Orleans, Inc., New Affairs, Strategic Acquisition Center. ADDRESSES: Committee for Purchase Orleans, LA. From People Who Are Blind or Severely NSN(s)—Product Name(s): Contracting Activity: General Services 7510–01–545–3765—DAYMAX System, Disabled, 1401 S. Clark Street, Suite Administration, Fort Worth, TX. 715, Arlington, Virginia, 22202–4149. 2017, Calendar Pad, Type I Distribution: A-List. 7510–01–545–3730—DAYMAX System, FOR FURTHER INFORMATION CONTACT: For NSN(s)—Product Name(s): 2017, Calendar Pad, Type II further information or to submit 7025–00–NIB–0013—PC Keyboard, USB, Mandatory Source of Supply: Anthony comments contact: Amy B. Jensen, Black Wayne Rehabilitation Ctr for Telephone: (703) 603–7740, Fax: (703) Mandatory for: Total Government Handicapped and Blind, Inc., Fort 603–0655, or email CMTEFedReg@ Requirement. Wayne, IN. AbilityOne.gov. Mandatory Source of Supply: LC Industries, Contracting Activity: General Services Inc., Durham, NC. Administration, New York, NY SUPPLEMENTARY INFORMATION: This Contracting Activity: General Services notice is published pursuant to 41 Administration, New York, NY. Amy Jensen, U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its Distribution: A-List. Director, Business Operations. purpose is to provide interested persons NSN(s)—Product Name(s): [FR Doc. 2018–11331 Filed 5–24–18; 8:45 am] an opportunity to submit comments on 4010–01–250–5428—Assembly, Chain, BILLING CODE 6353–01–P the proposed actions. Single Leg, HEMTT, 12’ L 4010–01–224–9207—Assembly, Chain, Additions Single Leg COMMITTEE FOR PURCHASE FROM If the Committee approves the Mandatory for: 100% of the requirement of PEOPLE WHO ARE BLIND OR proposed additions, the entities of the the Department of Defense. Mandatory Source of Supply: NewView SEVERELY DISABLED Federal Government identified in this Oklahoma, Inc., Oklahoma, City, OK. notice will be required to procure the Contracting Activity: Defense Logistics Procurement List; Deletions products listed below from nonprofit Agency Land and Maritime. AGENCY: Committee for Purchase From agencies employing persons who are Distribution: C-List. People Who Are Blind or Severely blind or have other severe disabilities. NSN(s)—Product Name(s): Disabled. The following products are proposed 7110–00–NIB–2413—Desk, Standing, for addition to the Procurement List for Adjustable, Black, 36’’ ACTION: Deletions from the Procurement production by the nonprofit agencies Mandatory for: Total Government List. Requirement. listed: SUMMARY: Mandatory Source of Supply: Wiscraft, Inc., This action deletes products Products Milwaukee, WI. and services from the Procurement List NSN(s)—Product Name(s): Contracting Activity: General Services previously furnished by nonprofit 2940–01–197–7106—Filter Element, Fluid, Administration, Philadelphia, PA. agencies employing persons who are 4.875’’ Diameter Distribution: A-List. blind or have other severe disabilities.

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DATES: Date deleted from the 8410–01–466–4935—Slacks, Dress, Coast DEPARTMENT OF DEFENSE Procurement List: June 24, 2018. Guard, Women’s, Blue, 12WL 8410–01–466–6326—Slacks, Dress, Coast ADDRESSES: Committee for Purchase Office of the Secretary Guard, Women’s, Blue, 4JR From People Who Are Blind or Severely 8410–01–466–6332—Slacks, Dress, Coast National Security Education Board; Disabled, 1401 S. Clark Street, Suite Guard, Women’s, Blue, 6JS Notice of Federal Advisory Committee 715, Arlington, Virginia 22202–4149. 8410–01–466–6485—Slacks, Dress, Coast Meeting FOR FURTHER INFORMATION CONTACT: Guard, Women’s, Blue, 8JL Amy B. Jensen, Telephone: (703) 603– 8410–01–466–6486—Slacks, Dress, Coast AGENCY: Under Secretary of Defense for 7740, Fax: (703) 603–0655, or email Guard, Women’s, Blue, 4MS Personnel and Readiness, National [email protected]. 8410–01–466–8155—Slacks, Dress, Coast Security Education Board, Department Guard, Women’s, Blue, 10JS SUPPLEMENTARY INFORMATION: of Defense. 8410–01–466–8157—Slacks, Dress, Coast ACTION: Notice of Federal Advisory Deletions Guard, Women’s, Blue, 12JS 8410–01–466–8161—Slacks, Dress, Coast Committee Meeting. On 4/20/2018 (83 FR 77), the Guard, Women’s, Blue, 18JS Committee for Purchase From People SUMMARY: The Department of Defense 8410–01–466–8172—Slacks, Dress, Coast (DoD) is publishing this notice to Who Are Blind or Severely Disabled Guard, Women’s, Blue, 18JL published notice of proposed deletions 8410–01–466–8176—Slacks, Dress, Coast announce that the following Federal from the Procurement List. Guard, Women’s, Blue, 16MS Advisory Committee meeting of the After consideration of the relevant 8410–01–466–8195—Slacks, Dress, Coast National Security Education Board will matter presented, the Committee has Guard, Women’s, Blue, 18ML take place. determined that the products and 8410–01–466–8197—Slacks, Dress, Coast DATES: Open to the public Monday, June services listed below are no longer Guard, Women’s, Blue, 20ML 4, 2018 from 10:00 a.m. to 4:15 p.m. suitable for procurement by the Federal 8410–01–466–8199—Slacks, Dress, Coast ADDRESSES: The address of the open Government under 41 U.S.C. 8501–8506 Guard, Women’s, Blue, 16WS meeting is the JW Marriott Washington, 8410–01–466–8203—Slacks, Dress, Coast and 41 CFR 51–2.4. Guard, Women’s, Blue, 18WL DC at 1331 Pennsylvania Avenue NW, Washington, DC 20004. Regulatory Flexibility Act Certification 8410–01–466–8207—Slacks, Dress, Coast Guard, Women’s, Blue, 20WL FOR FURTHER INFORMATION CONTACT: I certify that the following action will 8410–01–466–8211—Slacks, Dress, Coast Michael Nugent, (571) 256–0702 not have a significant impact on a Guard, Women’s, Blue, 22WL (Voice), (703) 692–2615 (Facsimile), substantial number of small entities. Mandatory Source of Supply: VGS, Inc., [email protected] The major factors considered for this Cleveland, OH. (Email). Mailing address is National certification were: Contracting Activity: Defense Logistics Security Education Program 4800 Mark Agency Troop Support. 1. The action will not result in Center Drive, Suite 08F09–02 additional reporting, recordkeeping or Services Alexandria, VA 22350–7000. Website: other compliance requirements for small Service Type: Food Service and Food Service https://www.nsep.gov/content/national- entities. Attendant Service. security-education-board. The most up- 2. The action may result in Mandatory for: Fort Hood: Postwide, Fort to-date changes to the meeting agenda authorizing small entities to furnish the Hood, TX. can be found on the website. products and services to the Mandatory Source of Supply: Unknown. Government. Contracting Activity: Dept of the Army, SUPPLEMENTARY INFORMATION: Due to 3. There are no known regulatory W40M NORTHEREGION Contract Ofc. circumstances beyond the control of the alternatives which would accomplish Service Type: Janitorial/Custodial Service. Department of Defense (DoD) and the the objectives of the Javits-Wagner- Mandatory for: Naval & Marine Corps Designated Federal Officer, the National O’Day Act (41 U.S.C. 8501–8506) in Readiness Reserve Center, Providence, Security Education Board was unable to connection with the products and RI. provide public notification required by Mandatory Source of Supply: The Fogarty services deleted from the Procurement 41 CFR 102–3.150(a) concerning the Center, North Providence, RI. List. meeting on June 4, 2018, of the National Contracting Activity: Dept of the Navy, Navy Security Education Board. Accordingly, End of Certification Crane Center. the Advisory Committee Management Service Type: Janitorial/Custodial Service. Accordingly, the following products Mandatory for: Des Moines International Officer for the Department of Defense, and services are deleted from the Airport: Air National Guard Base, Des pursuant to 41 CFR 102–3.150(b), Procurement List: Moines, IA. waives the 15-calendar day notification Products Mandatory Source of Supply: Goodwill requirement. This meeting is being held Solutions, Inc., Johnston, IA. under the provisions of the Federal NSN(s)—Product Name(s): Contracting Activity: Dept of the Air Force, 8410–01–466–4892—Slacks, Dress, Coast Advisory Committee Act (FACA) of FA7014 AFDW PK. Guard, Women’s, Blue, 16JS 1972 (5 U.S.C., Appendix, as amended), Service Type: Repair of Strap, Air Cargo 8410–01–466–4905—Slacks, Dress, Coast the Government in the Sunshine Act of Guard, Women’s, Blue, 12MS (1670–00–725–1437) Service. 1976 (5 U.S.C. 552b, as amended), and 8410–01–466–4906—Slacks, Dress, Coast Mandatory for: Robins Air Force Base, Robins 41 CFR 102–3.140 and 102–3.150. Guard, Women’s, Blue, 14MS AFB, GA. Purpose of the Meeting: Purpose of the Mandatory Source of Supply: Houston 8410–01–466–4912—Slacks, Dress, Coast meeting, in compliance with the David Guard, Women’s, Blue, 18MR County Association for Exceptional Citizens, Inc., Warner Robins, GA. L. Boren National Security Education 8410–01–466–4914—Slacks, Dress, Coast Act of 1991, 50 U.S.C. 1901, is to Guard, Women’s, Blue, 8ML Contracting Activity: Dept of the Air Force, 8410–01–466–4915—Slacks, Dress, Coast FA8501 AFSC PZIO. discuss National Security Education Program updates and recommendations. Guard, Women’s, Blue, 12ML Amy Jensen, 8410–01–466–4926—Slacks, Dress, Coast Agenda: 10:00 a.m.: National Security Guard, Women’s, Blue, 14WS Director, Business Operations. Education Board (NSEB) Full Meeting 8410–01–466–4930—Slacks, Dress, Coast [FR Doc. 2018–11332 Filed 5–24–18; 8:45 am] Begins Dr. Michael Nugent, Director, Guard, Women’s, Blue, 12WR BILLING CODE 6353–01–P Defense Language and National Security

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Education Office (DLNSEO) and Dated: May 22, 2018. Full Text of Announcement Director, National Security Education Shelly E. Finke, I. Funding Opportunity Description Program (NSEP) Ms. Veronica Daigle, Alternate OSD Federal Register Liaison Performing the Duties of the Assistant Officer, Department of Defense. Purpose of Programs Secretary of Defense (Readiness) and [FR Doc. 2018–11286 Filed 5–24–18; 8:45 am] National Resource Centers Program Chair NSEB Mr. Fred Drummond, BILLING CODE 5001–06–P The NRC Program provides grants to Deputy Assistant Secretary Of Defense institutions of higher education (IHEs) (Force Education & Training) and DoD or consortia of IHEs to establish, Senior Language Authority 10:30 a.m.: DEPARTMENT OF EDUCATION strengthen, and operate comprehensive Updates to the Board and Discussion Dr. and undergraduate centers that will be Michael Nugent, Director DLNSEO/ Applications for New Awards; National national resources for: (a) Teaching of Director NSEP 11:00 a.m.: Class of 2018 Resource Centers Program for Foreign modern foreign languages; (b) Boren Scholars and Fellows Ms. Alison Language and Area Studies or Foreign instruction in fields needed to provide Patz, Associate Director of Outreach and Language and International Studies a full understanding of world regions Service, NSEP Ms. Chelsea Sypher, and Foreign Language and Area where the modern foreign languages are Head of NSEP Programs, Institute of Studies Fellowships Program used; (c) research and training in International Education 11:30 a.m.: international studies and international AGENCY: Office of Postsecondary National Engagement: State Roadmap and foreign language aspects of Education, Department of Education. Partnerships Mr. Howard Stephenson, professional and other fields of study; State Senator, State of Utah Mr. Bob ACTION: Notice. and (d) instruction and research on issues in world affairs. Behning, State Representative, State of SUMMARY: The Department of Education Indiana Dr. Dianna Murphy, Associate is issuing a notice inviting applications Foreign Language and Area Studies Director, University of Wisconsin, for fiscal year (FY) 2018 for the National Fellowships Program Madison Dr. Winnie Brownell, Dean Resource Centers (NRC) Program, The FLAS Program allocates academic Emerita, University of Rhode Island Catalog of Federal Domestic Assistance 12:30 p.m.: Working Lunch with Boren year and summer fellowships to IHEs (CFDA) number 84.015A, and the and consortia of IHEs to assist Scholars and Fellows 1:30 p.m.: Critical Foreign Language and Area Studies meritorious undergraduate and graduate Skills Initiatives: Internships, Fellowships (FLAS) Program, Catalog of students receiving modern foreign Clearances, National Language Service Federal Domestic Assistance (CFDA) language training in combination with Corps Dr. Michael Nugent Mr. Jim number 84.015B. area studies, international studies, or Seacord, Acting Director Human Capital DATES: the international aspects of professional Management Office, Office of the Under Applications Available: May 25, 2018. studies. FLAS fellowships may also Secretary of Defense (Intelligence) 2:30 Deadline for Transmittal of assist graduate students engaged in p.m.: Board Working Group Overview Applications: June 25, 2018. predissertation level study, preparation and Key Takeaways Dr. Esther Brimmer, Deadline for Intergovernmental for dissertation research, dissertation Executive Director and CEO, NAFSA: Review: August 23, 2018. research abroad, or dissertation writing. Association of International Educators ADDRESSES: For the addresses for Priorities: This notice contains two 3:30 p.m.: Board Discussion 4:15 p.m.: obtaining and submitting an absolute priorities and two competitive Adjourn Meeting Accessibility: Pursuant application, please refer to our Common preference priorities for the NRC to 5 U.S.C. 552b and 41 CFR 102–3.140 Instructions for Applicants to Program. Absolute Priority 1 is from through 102–3.165, and the availability Department of Education Discretionary section 602(e) of the Higher Education of space, this meeting is open to the Grant Programs, published in the Act of 1965, as amended (HEA) (20 public. Seating is on a first-come basis. Federal Register on February 12, 2018 U.S.C. 1122(e)). Absolute Priority 2 is from the program regulations (34 CFR Written Statements: Pursuant to 102– (83 FR 6003) and available at 656.23). The competitive preference 3.140 and sections 10(a)(3) of the www.gpo.gov/fdsys/pkg/FR-2018-02-12/ pdf/2018-02558.pdf. priorities are from the notice of final Federal Advisory Committee Act of FOR FURTHER INFORMATION CONTACT: priorities for the NRC Program 1972, the public or interested published in the Federal Register on organizations may submit written Timothy Duvall (Africa, International, Middle East, and Russia and Eastern May 30, 2014 (79 FR 31028). This notice statements to the Department of Defense also contains two competitive National Security Education Board Europe) U.S. Department of Education, 400 Maryland Avenue SW, Room 258– preference priorities for the FLAS about its mission and functions. Written 54, Washington, DC 20202–4260. Program. Competitive Preference statements may be submitted at any Telephone: (202) 453–7521. Email: Priority 1 is from the program time or in response to the stated agenda [email protected]; Carolyn Collins regulations (34 CFR 657.22) and of the planned meeting. All written (Canada, Latin America, and Western Competitive Preference Priority 2 is statements shall be submitted to the Europe), Room 258–30, Telephone: from the notice of final priorities for the Designated Federal Official for the (202) 453–7854. Email: carolyn.collins@ FLAS Program published in the Federal National Security Education Board, and ed.gov; Cheryl Gibbs (Asia), Room 257– Register on May 30, 2014 (79 FR 31031). this individual will ensure that the 15, Telephone: (202) 453–5690. Email: NRC Program written statements are provided to the [email protected]. Absolute Priorities: For FY 2018, these membership for their consideration. If you use a telecommunications priorities are absolute priorities for the Contact information for the Designated device for the deaf (TDD) or a text NRC Program. Under 34 CFR Federal Official can be obtained from telephone (TTY), call the Federal Relay 75.105(c)(3), we consider only the GSA’s FACA Database—http:// Service (FRS), toll free, at 1–800–877– applications that meet these priorities. facadatabase.gov/. 8339. These priorities are: SUPPLEMENTARY INFORMATION: Absolute Priority 1.

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Applications that provide (1) an through 320 of part A of title III, under Awarded in the Less Commonly Taught explanation of how the activities funded part B of title III, or under title V of the Languages (up to 5 points). by the grant will reflect diverse HEA. Applications that propose to award at perspectives and a wide range of views The institutions designated eligible least 25 percent of academic year FLAS and generate debate on world regions under title III and title V may be viewed fellowships in modern foreign languages and international affairs; and (2) a at the following link: www2.ed.gov/ other than French, German, and description of how the applicant will about/offices/list/ope/idues/ Spanish. encourage government service in areas eligibility.html. Note: Under 34 CFR 657.22(a), the of national need, as identified by the Competitive Preference Priority 2— Secretary may designate specific languages as Secretary, as well as in areas of need in Collaborative Activities with Teacher a priority for the allocation of fellowships. the education, business, and non-profit Education Programs (up to 5 points). For FLAS Competitive Preference Priority 2, sectors. Applications that propose we took into consideration the findings in the Absolute Priority 2. collaborative activities with units such recent Modern Language Association of Applications that provide for teacher as schools or colleges of education, America (MLA) survey 1 of fall 2016 training activities on the language, schools of liberal arts and sciences, undergraduate and graduate enrollments in languages, area studies, or thematic post-baccalaureate teacher education language courses at 2,547 postsecondary institutions in the United States. Of focus of the Center. programs, teacher education programs, 1,417,921 total enrollments, the three most- Competitive Preference Priorities: For and teacher preparation programs on or studied modern foreign languages included FY 2018, these priorities are competitive off the NRC campus. These collaborative Spanish with 712,240 enrollments or 50 preference priorities. Under 34 CFR activities are designed to support the percent; French with 175,667 enrollments or 75.105(c)(2)(i), we award up to an integration of an international, 12 percent; and German with 80,594 additional five points depending on intercultural, or global dimension and enrollments or 6 percent. Together, these how well the application meets world languages into teacher education, three languages represented 968,501 or 68 Competitive Preference Priority 1, and and/or to promote the preparation and percent of enrollments. Other languages, with up to an additional five points 34,830 enrollments, constituted 25 percent of credentialing of more foreign language enrollments for the same period. depending on how well the application teachers in less commonly taught The findings in the MLA survey are meets Competitive Preference Priority 2. languages (LCTLs) for which there is a consistent with the definition of LCTLs used An application may receive a total of up demand for additional teachers to meet by the Center for Advanced Research on to 10 additional points under the existing and expected future Language Acquisition (CARLA).2 CARLA competitive preference priorities. kindergarten through grade 12 language defines LCTLs as ‘‘all of the world’s These priorities are: program needs. languages except English, French, German, Competitive Preference Priority 1— and Spanish.’’ Collaboration with Minority-Serving FLAS Program Program Authority: 20 U.S.C. 1122. Institutions (MSIs) or Community Competitive Preference Priorities: For Applicable Regulations: (a) The Colleges (up to 5 points). FY 2018, these priorities are competitive Education Department General Applications that propose significant preference priorities. Under 34 CFR Administrative Regulations in 34 CFR and sustained collaborative activities 75.105(c)(2)(i), we award up to an parts 75, 76, 77, 79, 81, 82, 84, 86, 97, with one or more Minority-Serving additional five points depending on 98, and 99. (b) The Office of Institutions (MSIs) (as defined in this how well the application meets Management and Budget Guidelines to notice) and/or with one or more Competitive Preference Priority 1, and Agencies on Governmentwide community colleges (as defined in this up to an additional five points Debarment and Suspension notice). These activities must be depending on how well the application (Nonprocurement) in 2 CFR part 180, as designed to incorporate international, meets Competitive Preference Priority 2. adopted and amended as regulations of intercultural, or global dimensions into An application may receive a total of up the Department in 2 CFR part 3485. (c) the curriculum of the MSI(s) or to 10 additional points under the The Uniform Administrative community college(s), and to improve competitive preference priorities. Requirements, Cost Principles, and foreign language, area, and intercultural Competitive Preference Priority 1— Audit Requirements for Federal Awards studies or international business FLAS Fellowships for Students who in 2 CFR part 200, as adopted and instruction at the MSI(s) or community Demonstrate Financial Need (up to 5 amended as regulations of the college(s). If an applicant institution is points). Department in 2 CFR part 3474. (d) The an MSI or a community college, that Applications that propose to give regulations in 34 CFR parts 655, 656, institution may propose intra-campus preference when awarding fellowships and 657. (e) The notices of final collaborative activities instead of, or in to undergraduate students, graduate priorities for these programs published addition to, collaborative activities with students, or both, who demonstrate in the Federal Register on May 30, 2014 other MSIs or community colleges. financial need as indicated by the (79 FR 31028, 79 FR 31031). For the purpose of this priority: students’ expected family contribution, Areas of National Need: In Community college means an as determined under part F of title IV of accordance with section 601(c) of the institution that meets the definition in the HEA. This need determination will HEA (20 U.S.C. 1121(c)), the Secretary section 312(f) of the HEA (20 U.S.C. be based on the students’ financial consulted with a wide range of Federal 1058(f)); or an institution of higher circumstances and not on other aid. agencies and received recommendations education as defined in section 101 of The applicant must describe how it regarding national need for expertise in the HEA (20 U.S.C. 1001) that awards will ensure that all fellows who receive degrees and certificates, more than 50 such preference show potential for high 1 Modern Language Association of America, percent of which are not bachelor’s academic achievement based on such ‘‘Enrollments in Languages Other Than English in United States Institutions of Higher Education, degrees (or an equivalent) or master’s, indices as grade point average, class Summer 2016 and Fall 2016: Preliminary Report’’ professional, or other advanced degrees. ranking, or similar measures that the (February 2018) (p. 13). Minority-Serving Institution (MSI) institution may determine. 2 Center for Advanced Research on Language means an institution that is eligible to Competitive Preference Priority 2— Acquisition, University of Minnesota, available at receive assistance under sections 316 Academic Year FLAS Fellowships www.carla.umn.edu.

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foreign language and world regions. payment for an undergraduate student awards is exempt from Federal audit These agencies’ recommendations may academic year fellowship is $10,000. requirements for that year, except as be viewed on this web page: The institutional payment for a summer noted in 2 CFR 200.503 (Relation to www2.ed.gov/about/offices/list/ope/ fellowship is $5,000 for graduate and Other Audit Requirements), but records iegps/index.html. undergraduate students. must be available for review or audit by Diverse Perspectives and Areas of Contingent upon the availability of appropriate officials of the Federal National Need: Section 602(e) of the funds and the quality of applications, agency, pass-through entity, and HEA requires that each IHE or we may make additional awards in FY Government Accountability Office consortium of IHEs include the 2019 from the list of unfunded (GAO). (2 CFR 200.501(d).) following information in NRC grant applications from these competitions. IV. Application and Submission applications: Note: The Department is not bound by any Information (1) An explanation of how the estimates in this notice. The estimated range activities funded by the grant will and average size of awards are based on a 1. Application Submission reflect diverse perspectives and a wide single 12-month budget period. We may use Instructions: For information on how to range of views and generate debate on FY 2018 funds to support multiple 12-month submit an application, please refer to world regions and international affairs; budget periods for one or more grantees. our Common Instructions for Applicants and Project Period: Up to 48 months. to Department of Education (2) A description of how the applicant III. Eligibility Information Discretionary Grant Programs, will encourage government service in published in the Federal Register on areas of national need, as identified by 1. Eligible Applicants: IHEs or February 12, 2018 (83 FR 6003) and the Secretary, as well as in areas of need consortia of IHEs. available at www.gpo.gov/fdsys/pkg/FR- in the education, business, and non- 2. a. Cost Sharing or Matching: These 2018-02-12/pdf/2018-02558.pdf. profit sectors. programs do not require cost sharing or 2. Intergovernmental Review: This matching. program is subject to Executive Order II. Award Information b. Supplement-Not-Supplant: The 12372 and the regulations in 34 CFR NRC Program involves supplement-not- Type of Award: Discretionary grants. part 79. Information about supplant funding requirements. Under Estimated NRC Available Funds: Intergovernmental Review of Federal 34 CFR 656.33(b)(3), grant funds may $22,743,107. Programs under Executive Order 12372 not be used to supplant funds normally Africa ($2,370,700); Canada is in the application package for this used by applicants for purposes of this ($425,000); East Asia ($3,467,200); program. International ($1,655,000); Latin program. 3. Subgrantees: Under 34 CFR 3. Funding Restrictions: We specify America ($3,482,017); Middle East unallowable costs in 34 CFR 656.30(b) ($3,375,000); Russia and Eastern Europe 75.708(b) and (c), a grantee under the NRC Program may award subgrants—to and 657.33. We reference additional ($2,605,000); South Asia ($1,906,340); regulations outlining funding Southeast Asia ($1,898,850); and directly carry out project activities described in its application—to the restrictions in the Applicable Western Europe ($1,558,000). Regulations section of this notice. Estimated Range of Awards: following types of entities: IHEs, non- 4. Recommended Page Limit: The $188,000-$270,000 per year. profit organizations, professional application narrative (Part III of the Estimated Average Size of Awards: organizations, or businesses. The application) is where you, the applicant, $215,000 per year. grantee may award subgrants to entities Estimated Number of Awards: 100. it has identified in an approved address the priorities, selection criteria, Estimated FLAS Available Funds: application or that it selects through and application requirements that $30,343,000. competition under procedures reviewers use to evaluate your Africa ($3,357,000); Canada established by the grantee. However, a application. We recommend that you (1) ($349,500); East Asia ($5,419,000); grantee under the FLAS Program may limit the application narrative to no International ($2,454,000); Latin not award subgrants to entities to more than 50 pages for single institution America ($4,456,500); Middle East directly carry out project activities applications, and to no more than 60 ($3,526,500); Russia and Eastern Europe described in its application. pages for consortia applications and (2) ($3,583,500); South Asia ($2,713,500); 4. Other: (a) Reasonable and use the following standards: • ″ ″ Southeast Asia ($2,449,500); and Necessary Costs: Applicants must A ‘‘page’’ is 8.5 x 11 , on one side ″ Western Europe ($2,034,000). ensure that all costs included in the only, with 1 margins at the top, bottom, Estimated Range of Awards: proposed budget are necessary and and both sides. $154,500–$351,000 per year. reasonable to meet the goals and • Double space (no more than three Estimated Average Size of Awards: objectives of the proposed project. Any lines per vertical inch) all text in the $202,500 per year. costs determined by the Secretary to be application narrative, except titles, Estimated Number of Awards: 105. unreasonable or unnecessary will be headings, footnotes, quotations, FLAS Fellowship Subsistence removed from the final approved references, and captions. Charts, tables, Allowances: The subsistence allowance budget. figures, and graphs in the application for a graduate student academic year (b) Audits: (i) A non-Federal entity narrative may be single spaced and will fellowship is $15,000; the subsistence that expends $750,000 or more during count toward the recommended page allowance for an undergraduate student the non-Federal entity’s fiscal year in limit. academic year fellowship is $5,000. The Federal awards must have a single or • Use a font that is either 12 point or subsistence allowance for a summer program-specific audit conducted for larger, or no smaller than 10 pitch fellowship is $2,500 for graduate and that year in accordance with the (characters per inch). However, you may undergraduate students. provisions of 2 CFR part 200. (2 CFR use a 10-point font in charts, tables, FLAS Fellowship Institutional 200.501(a).) figures, and graphs. Payments: The institutional payment for (ii) A non-Federal entity that expends • Use one of the following fonts: a graduate student academic year less than $750,000 during the non- Times New Roman, Courier, Courier fellowship is $18,000; the institutional Federal entity’s fiscal year in Federal New, or Arial.

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The recommended page limit does not awarded to applicants that address the participation rates for events, and usage apply to Part I, the Application for competitive preference priorities, is 145 of Center resources; and the extent to Federal Assistance face sheet (SF 424); points. which the applicant supplies a clear the supplemental SF 424 form; Part II, description of how the applicant will NRC Program Budget Information—Non-Construction provide equal access and treatment of Programs (ED 524); the detailed line The Secretary uses the following eligible project participants who are item budget; Part IV, the assurances and selection criteria from 34 CFR 656.21 to members of groups that have been certifications, and the response to evaluate an NRC application for a traditionally underrepresented, such as section 427 of the General Education comprehensive Center: members of racial or ethnic minority Provisions Act; the project abstract, the (a) Program planning and budget (up groups, women, persons with table of contents, the list of acronyms, to 25 points). The Secretary reviews disabilities, and the elderly; the response to the diverse perspectives/ each application to determine— (2) The extent to which the applicant areas of need requirements, the NRC/ (1) The extent to which the activities provides an evaluation plan that is FLAS project profile form, and the for which the applicant seeks funding comprehensive and objective and that appendices (curriculum vitae, course are of high quality and directly related will produce quantifiable, outcome- list, performance measure form; letters to the purpose of the National Resource measure-oriented data; and the extent to of support). However, the recommended Centers Program; which recent evaluations have been page limit does apply to all of the (2) The extent to which the applicant used to improve the applicant’s application narrative. provides a development plan or program; 5. Award Basis: In determining timeline demonstrating how the (3) The degree to which activities of whether to approve a grant award and proposed activities will contribute to a the Center address national needs, and the amount of such award, the strengthened program and whether the generate information for and Department will consider, among other applicant uses its resources and disseminate information to the public; things, the applicant’s performance and personnel effectively to achieve the and use of funds under a previous or proposed objectives; (4) The applicant’s record of placing (3) The extent to which the costs of existing award under any Department students into post-graduate the proposed activities are reasonable in program (34 CFR 75.217(d)(3)(ii) and employment, education, or training in relation to the objectives of the program; 75.233). In assessing the applicant’s areas of national need and the and performance and use of funds under a applicant’s stated efforts to increase the (4) The long-term impact of the previous or existing award, the number of such students that go into Secretary will consider, among other proposed activities on the institution’s such placements. things, the outcomes the applicant has undergraduate, graduate, and (d) Commitment to the subject area on achieved and the results of any professional training programs. which the Center focuses (up to 10 Departmental grant monitoring, (b) Quality of staff resources (up to 15 points). The Secretary reviews each including the applicant’s progress in points). The Secretary reviews each application to determine the extent to remedying any deficiencies identified in application to determine— which the institution provides financial such monitoring. (1) The extent to which teaching faculty and other staff are qualified for and other support to the operation of the V. Application Review Information the current and proposed Center Center, teaching staff for the Center’s 1. General: For the FY 2018 NRC and activities and training programs, are subject area, library resources, linkages FLAS competitions, all applications will provided professional development with institutions abroad, outreach be assigned to peer review panels based opportunities (including overseas activities, and qualified students in on the country, thematic focus, experience), and participate in teaching, fields related to the Center. international studies, or world region supervising, and advising students; (e) Strength of library (up to 10 such as Africa, Asia, or the Middle East. (2) The adequacy of Center staffing points). The Secretary reviews each All applicant institutions specify their and oversight arrangements, including application to determine— respective categories in their NRC and outreach and administration and the (1) The strength of the institution’s FLAS applications. The readers who extent to which faculty from a variety of library holdings (both print and non- serve on the peer review panels are departments, professional schools, and print, English and foreign language) in selected for the specialized area studies, the library are involved; and the subject area and at the educational international studies, and modern (3) The extent to which the applicant, levels (graduate, professional, foreign language expertise needed to as part of its nondiscriminatory undergraduate) on which the Center review, score, and rank the assigned employment practices, encourages focuses; and the extent to which the applications in each distinct category. applications for employment from institution provides financial support For the NRC and FLAS competitions, persons who are members of groups that for the acquisition of library materials the Department will select applications have been traditionally and for library staff in the subject area for funding consideration from each underrepresented, such as members of of the Center; and distinct peer review panel based on the racial or ethnic minority groups, (2) The extent to which research ranking of the applications within that women, persons with disabilities, and materials at other institutions are panel. the elderly. available to students through 2. Selection Criteria: The maximum (c) Impact and evaluation (up to 30 cooperative arrangements with other score for all of the NRC selection points). The Secretary reviews each libraries or on-line databases and the criteria, taken together with the application to determine— extent to which teachers, students, and maximum number of points awarded to (1) The extent to which the Center’s faculty from other institutions are able applicants that address the competitive activities and training programs have a to access the library’s holdings. preference priorities, is 175 points. The significant impact on the university, (f) Quality of the Center’s non- maximum score for all of the FLAS community, region, and the Nation as language instructional program (up to selection criteria, taken together with shown through indices such as 20 points). The Secretary reviews each the maximum number of points enrollments, graduate placement data, application to determine—

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(1) The quality and extent of the (2) The extent to which the Center’s (b) Quality of staff resources (up to 15 Center’s course offerings in a variety of curriculum provides training options for points). The Secretary reviews each disciplines, including the extent to graduate students from a variety of application to determine— which courses in the Center’s subject disciplines and professional fields and (1) The extent to which teaching matter are available in the institution’s the extent to which these programs and faculty and other staff are qualified for professional schools; their requirements (including language the current and proposed Center (2) The extent to which the Center requirements) are appropriate for a activities and training programs, are offers depth of specialized course Center in this subject area and result in provided professional development coverage in one or more disciplines of graduate training programs of high opportunities (including overseas the Center’s subject area; quality; and experience), and participate in teaching, (3) The extent to which the institution (3) The extent to which the Center supervising, and advising students; employs a sufficient number of teaching provides academic and career advising (2) The adequacy of Center staffing faculty to enable the Center to carry out services for students; the extent to and oversight arrangements, including its purposes and the extent to which which the Center has established formal outreach and administration and the instructional assistants are provided arrangements for students to conduct extent to which faculty from a variety of with pedagogy training; and research or study abroad and the extent departments, professional schools, and (4) The extent to which to which these arrangements are used; the library are involved; and interdisciplinary courses are offered for and the extent to which the institution (3) The extent to which the applicant, as part of its nondiscriminatory undergraduate and graduate students. facilitates student access to other employment practices, encourages (g) Quality of the Center’s language institutions’ study abroad and summer applications for employment from instructional program (up to 20 points). language programs. persons who are members of groups that The Secretary reviews each application (i) Outreach activities (up to 20 have been traditionally to determine— points). The Secretary reviews each underrepresented, such as members of (1) The extent to which the Center application to determine the extent to racial or ethnic minority groups, provides instruction in the languages of which the Center demonstrates a women, persons with disabilities, and the Center’s subject area and the extent significant and measurable regional and national impact of, and faculty and the elderly. to which students enroll in the study of (c) Impact and evaluation (up to 30 professional school involvement in, the languages of the subject area through points). The Secretary reviews each domestic outreach activities that programs or instruction offered by the application to determine— Center or other providers; involve— (1) The extent to which the Center’s (2) The extent to which the Center (1) Elementary and secondary schools; activities and training programs have a provides three or more levels of (2) Postsecondary institutions; and significant impact on the university, language training and the extent to (3) Business, media, and the general community, region, and the Nation as which courses in disciplines other than public. shown through indices such as language, linguistics, and literature are (j) Degree to which priorities are enrollments, graduate placement data, offered in appropriate foreign languages; served (up to 10 points). If, under the participation rates for events, and usage (3) Whether sufficient numbers of provisions of § 656.23, the Secretary of Center resources; the extent to which language faculty are available to teach establishes competitive priorities for students matriculate into advanced the languages and levels of instruction Centers, the Secretary considers the language and area or international described in the application and the degree to which those priorities are studies programs or related professional extent to which language teaching staff being served. programs; and the extent to which the (including faculty and instructional The Secretary uses the following applicant supplies a clear description of assistants) have been exposed to current selection criteria from 34 CFR 656.22 to how the applicant will provide equal language pedagogy training appropriate evaluate an NRC application for an access and treatment of eligible project for performance-based teaching; and undergraduate Center: participants who are members of groups (4) The quality of the language (a) Program planning and budget (up that have been traditionally program as measured by the to 25 points). The Secretary reviews underrepresented, such as members of performance-based instruction being each application to determine— racial or ethnic minority groups, used or developed, the adequacy of (1) The extent to which the activities women, persons with disabilities, and resources for language teaching and for which the applicant seeks funding the elderly; practice, and language proficiency are of high quality and directly related (2) The extent to which the applicant requirements. to the purpose of the National Resource provides an evaluation plan that is (h) Quality of curriculum design (up Centers Program; comprehensive and objective and that to 15 points). The Secretary reviews (2) The extent to which the applicant will produce quantifiable, outcome- each application to determine— provides a development plan or measure-oriented data; and the extent to (1) The extent to which the Center’s timeline demonstrating how the which recent evaluations have been curriculum has incorporated proposed activities will contribute to a used to improve the applicant’s undergraduate instruction in the strengthened program and whether the program; applicant’s area or topic of applicant uses its resources and (3) The degree to which activities of specialization into baccalaureate degree personnel effectively to achieve the the Center address national needs, and programs (for example, major, minor, or proposed objectives; generate information for and certificate programs) and the extent to (3) The extent to which the costs of disseminate information to the public; which these programs and their the proposed activities are reasonable in and requirements (including language relation to the objectives of the program; (4) The applicant’s record of placing requirements) are appropriate for a and students into post-graduate Center in this subject area and will (4) The long-term impact of the employment, education, or training in result in an undergraduate training proposed activities on the institution’s areas of national need and the program of high quality; undergraduate training program. applicant’s stated efforts to increase the

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number of such students that go into which courses in disciplines other than FLAS Program such placements. language, linguistics, and literature are The Secretary uses the following (d) Commitment to the subject area on offered in appropriate foreign languages; selection criteria from 34 CFR 657.21 to which the Center focuses (up to 10 (3) Whether sufficient numbers of evaluate an institutional application for points). The Secretary reviews each language faculty are available to teach an allocation of FLAS fellowships: application to determine the extent to the languages and levels of instruction (a) Quality of staff resources (up to 15 which the institution provides financial described in the application and the points). The Secretary reviews each and other support to the operation of the extent to which language teaching staff application to determine— Center, teaching staff for the Center’s (including faculty and instructional (1) The extent to which teaching subject area, library resources, linkages assistants) have been exposed to current faculty and other staff are qualified for with institutions abroad, outreach language pedagogy training appropriate the current and proposed activities and activities, and qualified students in for performance-based teaching; and training programs, are provided fields related to the Center. professional development opportunities (e) Strength of library (up to 10 (4) The quality of the language program as measured by the (including overseas experience), and points). The Secretary reviews each participate in teaching, supervising, and application to determine— performance-based instruction being used or developed, the adequacy of advising students; (1) The strength of the institution’s (2) The adequacy of applicant staffing resources for language teaching and library holdings (both print and non- and oversight arrangements and the practice, and language proficiency print, English and foreign language) in extent to which faculty from a variety of requirements. the subject area and at the educational departments, professional schools, and levels (graduate, professional, (h) Quality of curriculum design (up the library are involved; and undergraduate) on which the Center to 15 points). The Secretary reviews (3) The extent to which the applicant, focuses; and the extent to which the each application to determine— as part of its nondiscriminatory institution provides financial support (1) The extent to which the Center’s employment practices, encourages for the acquisition of library materials curriculum has incorporated applications for employment from and for library staff in the subject area undergraduate instruction in the persons who are members of groups that of the Center; and applicant’s area or topic of have been traditionally (2) The extent to which research specialization into baccalaureate degree underrepresented, such as members of materials at other institutions are programs (for example, major, minor, or racial or ethnic minority groups, available to students through certificate programs) and the extent to women, persons with disabilities, and cooperative arrangements with other which these programs and their the elderly. libraries or on-line databases and the requirements (including language (b) Impact and evaluation (up to 25 extent to which teachers, students, and requirements) are appropriate for a points). The Secretary reviews each faculty from other institutions are able Center in this subject area and will application to determine— to access the library’s holdings. result in an undergraduate training (1) The extent to which the (f) Quality of the Center’s non- program of high quality; and applicant’s activities and training programs have contributed to an language instructional program (up to (2) The extent to which the Center 20 points). The Secretary reviews each improved supply of specialists on the provides academic and career advising program’s subject as shown through application to determine— services for students; the extent to (1) The quality and extent of the indices such as undergraduate and which the Center has established formal Center’s course offerings in a variety of graduate enrollments and placement arrangements for students to conduct disciplines; data; and the extent to which the (2) The extent to which the Center research or study abroad and the extent applicant supplies a clear description of offers depth of specialized course to which these arrangements are used; how the applicant will provide equal coverage in one or more disciplines of and the extent to which the institution access and treatment of eligible project the Center’s subject area; facilitates student access to other participants who are members of groups (3) The extent to which the institution institutions’ study abroad and summer that have been traditionally employs a sufficient number of teaching language programs. underrepresented, such as members of faculty to enable the Center to carry out (i) Outreach activities (up to 20 racial or ethnic minority groups, its purposes and the extent to which points). The Secretary reviews each women, persons with disabilities, and instructional assistants are provided application to determine the extent to the elderly; with pedagogy training; and which the Center demonstrates a (2) The extent to which the applicant (4) The extent to which significant and measurable regional and provides an evaluation plan that is interdisciplinary courses are offered for national impact of, and faculty and comprehensive and objective and that undergraduate students. professional school involvement in, will produce quantifiable, outcome- (g) Quality of the Center’s language domestic outreach activities that measure-oriented data; and the extent to instructional program (up to 20 points). involve— which recent evaluations have been The Secretary reviews each application (1) Elementary and secondary schools; used to improve the applicant’s to determine— (2) Postsecondary institutions; and program; (1) The extent to which the Center (3) The degree to which fellowships provides instruction in the languages of (3) Business, media and the general awarded by the applicant address the Center’s subject area and the extent public. national needs; and to which students enroll in the study of (j) Degree to which priorities are (4) The applicant’s record of placing the languages of the subject area through served (up to 10 points). If, under the students into post-graduate programs offered by the Center or other provisions of § 656.23, the Secretary employment, education, or training in providers; establishes competitive priorities for areas of national need and the (2) The extent to which the Center Centers, the Secretary considers the applicant’s stated efforts to increase the provides three or more levels of degree to which those priorities are number of such students that go into language training and the extent to being served. such placements.

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(c) Commitment to the subject area on language, linguistics, and literature are discretionary grant competition, the which the applicant or program focuses offered in appropriate foreign languages; Secretary may consider, under 34 CFR (up to 10 points). The Secretary reviews (3) Whether sufficient numbers of 75.217(d)(3), the past performance of the each application to determine— language faculty are available to teach applicant in carrying out a previous (1) The extent to which the institution the languages and levels of instruction award, such as the applicant’s use of provides financial and other support to described in the application and the funds, achievement of project the operation of the applicant, teaching extent to which language teaching staff objectives, and compliance with grant staff for the applicant’s subject area, (including faculty and instructional conditions. The Secretary may also library resources, and linkages with assistants) have been exposed to current consider whether the applicant failed to institutions abroad; and language pedagogy training appropriate submit a timely performance report or (2) The extent to which the institution for performance-based teaching; and submitted a report of unacceptable provides financial support to students (4) The quality of the language quality. in fields related to the applicant’s program as measured by the In addition, in making a competitive teaching program. performance-based instruction being grant award, the Secretary requires (d) Strength of library (up to 10 used or developed, the adequacy of various assurances, including those points). The Secretary reviews each resources for language teaching and applicable to Federal civil rights laws application to determine— practice, and language proficiency that prohibit discrimination in programs (1) The strength of the institution’s requirements. or activities receiving Federal financial library holdings (both print and non- (g) Quality of curriculum design (up assistance from the Department (34 CFR print, English and foreign language) for to 20 points). The Secretary reviews 100.4, 104.5, 106.4, 108.8, and 110.23). students; and the extent to which the each application to determine— 4. Risk Assessment and Specific institution provides financial support (1) The extent to which the Conditions: Consistent with 2 CFR for the acquisition of library materials applicant’s curriculum provides training 200.205, before awarding grants under and for library staff in the subject area options for students from a variety of these programs the Department of the applicant; and disciplines and professional fields and conducts a review of the risks posed by (2) The extent to which research the extent to which these programs and applicants. Under 2 CFR 3474.10, the materials at other institutions are their requirements (including language Secretary may impose specific available to students through requirements) are appropriate for an conditions and, in appropriate cooperative arrangements with other applicant in this subject area and result circumstances, high-risk conditions on a libraries or on-line databases. in graduate training programs of high grant if the applicant or grantee is not (e) Quality of the applicant’s non- quality; financially stable; has a history of language instructional program (up to (2) The extent to which the applicant unsatisfactory performance; has a 20 points). The Secretary reviews each provides academic and career advising financial or other management system application to determine— services for students; and that does not meet the standards in 2 (1) The quality and extent of the (3) The extent to which the applicant CFR part 200, subpart D; has not applicant’s course offerings in a variety has established formal arrangements for fulfilled the conditions of a prior grant; of disciplines, including the extent to students to conduct research or study or is otherwise not responsible. which courses in the applicant’s subject abroad and the extent to which these 5. Integrity and Performance System: matter are available in the institution’s arrangements are used; and the extent to If you are selected under this competition to receive an award that professional schools; which the institution facilitates student over the course of the project period (2) The extent to which the applicant access to other institutions’ study may exceed the simplified acquisition offers depth of specialized course abroad and summer language programs. threshold (currently $150,000), under 2 coverage in one or more disciplines on (h) Foreign language and area studies CFR 200.205(a)(2) we must make a the applicant’s subject area; fellowships awardee selection judgment about your integrity, business (3) The extent to which the institution procedures (up to 15 points). The ethics, and record of performance under employs a sufficient number of teaching Secretary reviews each application to Federal awards—that is, the risk posed faculty to enable the applicant to carry determine whether the selection plan is by you as an applicant—before we make out its purposes and the extent to which of high quality, showing how awards an award. In doing so, we must consider instructional assistants are provided will be advertised, how students apply, any information about you that is in the with pedagogy training; and what selection criteria are used, who (4) The extent to which integrity and performance system selects the fellows, when each step will interdisciplinary courses are offered for (currently referred to as the Federal take place, and how the process will students. Awardee Performance and Integrity result in awards being made to (f) Quality of the applicant’s language Information System (FAPIIS)), correspond to any announced priorities. instructional program (up to 20 points). accessible through the System for (i) Priorities (up to 10 points). If one The Secretary reviews each application Award Management. You may review or more competitive priorities have been to determine— and comment on any information about established under § 657.22, the (1) The extent to which the applicant yourself that a Federal agency Secretary reviews each application for provides instruction in the languages of previously entered and that is currently information that shows the extent to the applicant’s subject area and the in FAPIIS. extent to which students enroll in the which the Center or program meets Please note that if the total value of study of the languages of the subject these priorities. your currently active grants, cooperative area through programs or instruction Note: Applicants should address these agreements, and procurement contracts offered by the applicant or other selection criteria only in the context of the from the Federal Government exceeds providers; program requirements in sections 601 and $10,000,000, the reporting requirements (2) The extent to which the applicant 602 of the HEA, 20 U.S.C. 1121–1122. in 2 CFR part 200, Appendix XII, provides three or more levels of 3. Review and Selection Process: We require you to report certain integrity language training and the extent to remind potential applicants that in information to FAPIIS semiannually. which courses in disciplines other than reviewing applications in any Please review the requirements in 2 CFR

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part 200, Appendix XII, if this grant submit an annual performance report graduation, based on the FLAS tracking plus all the other Federal funds you that provides the most current survey. receive exceed $10,000,000. performance and financial expenditure 2. Percentage of FLAS master’s and information as directed by the Secretary doctoral graduates who studied priority VI. Award Administration Information under 34 CFR 75.118. The Secretary languages as defined by the Secretary of 1. Award Notices: If your application may also require more frequent Education. is successful, we notify your U.S. performance reports under 34 CFR 3. Percentage of FLAS fellows who Representative and U.S. Senators and 75.720(c). For specific requirements on increased their foreign language reading, send you a Grant Award Notification reporting, please go to www.ed.gov/ writing, and/or listening/speaking (GAN); or we may send you an email fund/grant/apply/appforms/ scores by at least one proficiency level. containing a link to access an electronic appforms.html. The information provided by grantees version of your GAN. We may notify Performance reports for the NRC in their performance reports submitted you informally, also. Program and the FLAS Program must be via IRIS will be the source of data for If your application is not evaluated or submitted electronically into the Office these measures. Reporting screens for not selected for funding, we notify you. of International and Foreign Language institutions can be viewed at: 2. Administrative and National Policy Education web-based reporting system, http://iris.ed.gov/iris/pdfs/NRC.pdf Requirements: We identify International Resource Information administrative and national policy http://iris.ed.gov/iris/pdfs/FLAS.pdf System (IRIS). For information about 6. Continuation Awards: In making a requirements in the application package IRIS and to view the reporting and reference these and other continuation award under 34 CFR instructions, please go to www.ed.gov/ 75.253, the Secretary considers, among requirements in the Applicable fund/grant/apply/appforms/ Regulations section of this notice. other things: Whether a grantee has appforms.html. made substantial progress in achieving We reference the regulations outlining (c) Under 34 CFR 75.250(b), the the goals and objectives of the project; the terms and conditions of an award in Secretary may provide a grantee with whether the grantee has expended funds the Applicable Regulations section of additional funding for data collection in a manner that is consistent with its this notice and include these and other analysis and reporting. If a grantee is approved application and budget; and, specific conditions in the GAN. The provided additional funding for this if the Secretary has established GAN also incorporates your approved purpose, the Secretary establishes a data performance measurement application as part of your binding collection period. commitments under the grant. 5. Performance Measures: (a) Under requirements, the performance targets in 3. Open Licensing Requirements: the Government Performance and the grantee’s approved application. Unless an exception applies, if you are Results Act of 1993, the following In making a continuation award, the awarded a grant under this competition, measures will be used by the Secretary also considers whether the you will be required to openly license Department to evaluate the success of grantee is operating in compliance with to the public grant deliverables created the NRC Program: the assurances in its approved in whole, or in part, with Department 1. Percentage of priority languages application, including those applicable grant funds. When the deliverable defined by the Secretary of Education to Federal civil rights laws that prohibit consists of modifications to pre-existing taught at NRCs. discrimination in programs or activities works, the license extends only to those 2. Percentage of NRC grants teaching receiving Federal financial assistance modifications that can be separately intermediate or advanced courses in from the Department (34 CFR 100.4, identified and only to the extent that priority languages as defined by the 104.5, 106.4, 108.8, and 110.23). open licensing is permitted under the Secretary of Education. VII. Other Information terms of any licenses or other legal 3. Percentage of NRCs that increased restrictions on the use of pre-existing the number of intermediate or advanced Accessible Format: Individuals with works. Additionally, a grantee or level language courses in the priority disabilities can obtain this document subgrantee that is awarded competitive and/or LCTLs during the course of the and a copy of the application package in grant funds must have a plan to grant period. an accessible format (e.g., Braille, large disseminate these public grant 4. Percentage of NRCs that increased print, audiotape, or compact disc) on deliverables. This dissemination plan the number of certificate, minor, or request to the program contact persons can be developed and submitted after major degree programs in the priority listed under FOR FURTHER INFORMATION your application has been reviewed and and/or LCTLs, area studies, or CONTACT. selected for funding. For additional international studies during the course Electronic Access to This Document: information on the open licensing of the four-year grant period. The official version of this document is requirements, please refer to 2 CFR part 5. Percentage of less and least the document published in the Federal 3474.20. commonly taught languages as defined Register. You may access the official 4. Reporting: (a) If you apply for a by the Secretary of Education taught at edition of the Federal Register and the grant under this competition, you must title VI NRCs. Code of Federal Regulations via the ensure that you have in place the 6. Cost per NRC that increased the Federal Digital System at: www.gpo.gov/ necessary processes and systems to number of intermediate or advanced fdsys. At this site you can view this comply with the reporting requirements level language courses in the priority document, as well as all other in 2 CFR part 170, should you receive and/or LCTLs during the course of the documents of this Department funding under the competition. This grant period. published in the Federal Register, in does not apply if you have an exception (b) The following measures will be text or PDF. To use PDF you must have under 2 CFR 170.110(b). used by the Department to evaluate the Adobe Acrobat Reader, which is (b) At the end of your project period, success of the FLAS Program: available free at the site. you must submit a final performance 1. Percentage of FLAS-graduated You may also access documents of the report, including financial information, fellows who secured employment that Department published in the Federal as directed by the Secretary. If you utilizes their foreign language and area Register by using the article search receive a multiyear award, you must studies skills within eight years after feature at: www.federalregister.gov.

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Specifically, through the advanced EIS No. 20180108, Draft, OSM, NM, San INFORMATION CONTACT and see search feature at this site, you can limit Juan Mine Deep Lease Extension SUPPLEMENTARY INFORMATION. your search to documents published by Mining Plan Modification Draft Webcast. This preparatory meeting the Department. Environmental Impact Statement, will be conducted via teleconference Dated: May 22, 2018. Comment Period Ends: 07/09/2018, and webcast only. Registration is required. Frank T. Brogan, Contact: Gretchen Pinkham 303–293– 5088 Special accommodations. For Principal Deputy Assistant Secretary and EIS No. 20180109, Final, USFS, AZ, information on access or services for Delegated the Duties of Assistant Secretary, individuals with disabilities, and to Office of Planning, Evaluation, and Policy Plan Revision for the Coconino Development, Delegated the Duties of the National Forest, Review Period Ends: request accommodation of a disability, Assistant Secretary, Office of Postsecondary 08/22/2018, Contact: Vernon Keller please contact the Peer Review Leader Education. 928–527–3415 listed under FOR FURTHER INFORMATION [FR Doc. 2018–11261 Filed 5–24–18; 8:45 am] EIS No. 20180110, Draft, USACE, CA, CONTACT at least 10 days prior to the BILLING CODE 4000–01–P Lower Elkhorn Basin Levee Setback preparatory meeting to give EPA as Project Environmental Impact much time as possible to process your Statement/Environmental Impact request. ENVIRONMENTAL PROTECTION Report, Comment Period Ends: 07/09/ ADDRESSES: AGENCY 2018, Contact: Tanis Toland 916– Meeting: The preparatory meeting will 557–6717 be held via teleconference and webcast [ER–FRL–9039–5] Dated: May 22, 2018. only. For additional information, please contact the Peer Review Leader listed Environmental Impact Statements; Rob Tomiak, under FOR FURTHER INFORMATION Notice of Availability Director, Office of Federal Activities. CONTACT. [FR Doc. 2018–11253 Filed 5–24–18; 8:45 am] Responsible Agency: Office of Federal Comments. Submit your comments, Activities, General Information (202) BILLING CODE 6560–50–P identified by docket identification (ID) 564–7156 or https://www2.epa.gov/ number EPA–HQ–OPPT–2018–0314, by nepa/. one of the following methods: ENVIRONMENTAL PROTECTION • Federal eRulemaking Portal: http:// Weekly receipt of Environmental Impact AGENCY www.regulations.gov. Follow the online Statements instructions for submitting comments. Filed 05/07/2018 Through 05/11/2018 [EPA–HQ–OPPT–2018–0314; FRL–9978–42] Pursuant to 40 CFR 1506.9. Do not submit electronically any information you consider to be Notice Letter Peer Reviews for Exposure and Confidential Business Information (CBI) Use Assessment and Human Health Section 309(a) of the Clean Air Act or other information whose disclosure is and Environmental Hazard Summary restricted by statute. requires that EPA make public its for Five PBT Chemicals; Notice of • comments on EISs issued by other Mail: OPPT Docket, Environmental Public Preparatory Meeting and Public Protection Agency Docket Center (EPA/ Federal agencies. EPA’s comment letters Comment Period on EISs are available at: https:// DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. cdxnodengn.epa.gov/cdx-enepa-public/ AGENCY: Environmental Protection • action/eis/search. Agency (EPA). Hand Delivery: To make special arrangements for hand delivery or EIS No. 20180104, Final, BLM, UT, ACTION: Notice. delivery of boxed information, please Final Environmental Impact follow the instructions at http:// Statement for the Enefit American Oil SUMMARY: There will be a half-day preparatory meeting for experts selected www.epa.gov/dockets/contacts.html. Utility Corridor Project, Review Period Additional instructions on Ends: 07/09/2018, Contact: Stephanie to serve as letter peer reviewers for EPA’s Exposure and Use Assessment commenting or visiting the docket, Howard 435–781–4469 along with more information about EIS No. 20180105, Final Supplement, and Human Health and Environmental Hazard Summary for Five PBT dockets generally, is available at http:// USFWS, MT, Final Supplemental www.epa.gov/dockets. Environmental Statement for the chemicals. The preparatory meeting will FOR FURTHER INFORMATION CONTACT: Proposed Amendment to the be held via teleconference and webcast Todd Peterson, Ph.D., Peer Review Endangered Species Act 10(a)(1)(B) only. Registration is required to attend. Leader, Office of Science Coordination Permit Associated with the Montana DATES: The preparatory meeting will be and Policy (7201M), Environmental Department of Natural Resources and held on June 25, 2018, from Protection Agency, 1200 Pennsylvania Conservation Forested State Trust approximately 1:00 p.m. (EDT) to 5:00 Ave. NW, Washington, DC 20460–0001; Lands Habitat Conservation Plan, p.m. telephone number: (202) 564–6428; Review Period Ends: 06/25/2018, Comments. Requests to present oral email address: [email protected]. Contact: Amelia Orton-Palmer 303– comments during the preparatory 236–4211 meeting should be submitted on or SUPPLEMENTARY INFORMATION: EIS No. 20180106, Final, USFS, OR, before June 21, 2018. Written comments I. General Information Ringo FEIS & FPA, Review Period to be considered by the peer reviewers Ends: 06/25/2018, Contact: Joseph may be submitted until July 23, 2018. A. Does this action apply to me? Bowles 541–433–3209 Though the peer reviewers may not be This action is directed to the public EIS No. 20180107, Draft, NOAA, MA, able to fully consider written comments in general. This action may, however, be Draft Environmental Impact submitted after July 23, 2018, EPA will of interest to those involved in the Statement for Jonah Crab Fishery consider all comments submitted on or manufacture, processing, distribution, Management Plan, Comment Period before August 17, 2018. For additional disposal, and/or the assessment of risks Ends: 08/17/2018, Contact: Allison instructions, contact the Peer Review involving chemical substances and Murphy 978–281–9122 Leader listed under FOR FURTHER mixtures. Since other entities may also

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be interested, the Agency has not regulations under 6(a) for certain C. Letter Peer Review Documents attempted to describe all the specific Persistent Bioaccumulative and Toxic EPA’s background papers, related entities that may be affected by this (PBT) chemical substances that were supporting materials, and charge/ action. identified in EPA’s TSCA Work Plan for questions for these letter peer reviews Chemical Assessments: 2014 update. B. What should I consider as I prepare will be available in the public docket The chemicals that were ranked high or my comments for EPA? (EPA–HQ–OPPT–2018–0314) on June moderate for either persistence and 18, 2018. In addition, the Agency may 1. Submitting CBI. Do not submit CBI bioaccumulation, are present on the provide additional background information to EPA through TSCA 2014 workplan chemical list that documents and public comments as the regulations.gov or email. If your are not metals, that do not have problem materials become available. You may comments contain any information that formulation completed, do not have a obtain electronic copies of these you consider to be CBI or otherwise review under section 5, and do not have documents, and certain other related protected, please contact the Peer a consent agreement under section 4 are documents that might be available in FOR FURTHER Review Leader listed under the following five chemicals: the public docket at http:// INFORMATION CONTACT to obtain special Decabromodiphenyl ethers (DECA); www.regulations.gov and on the TSCA instructions before submitting your Hexachlorobutadiene (HCBD); Peer Review website at https:// comments. Pentachlorothiophenol (PCTP); Phenol, www.epa.gov/tsca-peer-review. 2. Tips for preparing your comments. isopropylated, phosphate (3:1) (PIP3/ When preparing and submitting your ITPP); and 2,4,6-Tris(tert-butyl) phenol Authority: 15 U.S.C. 2625 et. seq.; 5 U.S.C. Appendix 2 et. seq. comments, see the commenting tips at (2, 4, 6 TRIS). http://www.epa.gov/dockets/ No risk evaluation is required for Dated: May 18, 2018. comments.html. these PBT chemicals. EPA has drafted Stanley Barone, Jr., an Exposure and Use Assessment and a C. How may I participate in this Acting Director, Office of Science Human Health and Environmental Coordination and Policy. meeting? Hazard Summary, in response to the [FR Doc. 2018–11311 Filed 5–24–18; 8:45 am] You may participate in this TSCA section 6(h) requirements to BILLING CODE 6560–50–P preparatory meeting by following the summarize conclusions of toxicity and instructions in this unit. To ensure whether there is likely exposure to these proper receipt by EPA, it is imperative PBT chemicals. These documents FEDERAL DEPOSIT INSURANCE that you identify docket ID number contain the following components: CORPORATION EPA–HQ–OPPT–2018–0314 in the • Chemistry, physical-chemical subject line on the first page of your properties and expected transport and Agency Information Collection request. partitioning. Activities: Proposed Collection 1. Written comments. The Agency • Characterization of manufacture Renewal; Comment Request (OMB No. encourages written comments be (including import), processing, uses and 3064–0165; –0183; and –0196) submitted, using the instructions in potential sources of exposure. ADDRESSES and Unit I.B., on or before • Summary of available monitoring AGENCY: Federal Deposit Insurance July 23, 2018, to provide the letter peer data, concentrations and doses. Corporation (FDIC). reviewers the time necessary to consider • Characterization of trends in ACTION: Notice and request for comment. and review the written comments. releases/exposures over time. SUMMARY: The FDIC, as part of its Though the peer reviewers may not be • Summary of environmental hazard continuing effort to reduce paperwork able to fully consider written comments (written and tabular summaries). • and respondent burden, invites the submitted after July 23, 2018, EPA will Summary of human health hazard general public and other Federal consider all comments submitted on or (written and tabular summaries). • agencies to take this opportunity to before August 17, 2018. Strategy for identifying comment on the renewal of existing 2. Oral comments. The Agency environmental hazard summary information collections, as required by encourages each individual or group information. • the Paperwork Reduction Act of 1995 wishing to present brief oral comments Strategy for identifying human (PRA). Currently, the FDIC is soliciting to the letter peer reviewers during the health summary information. • comment on renewal of the information preparatory meeting to submit their Supplemental Files that identify collections described below. request to the peer review leader listed how environmental information was searched, screened, and evaluated. DATES: under FOR FURTHER INFORMATION Comments must be submitted on or before July 24, 2018. CONTACT on or before June 21, 2018, in B. Public Preparatory Meeting order to be included on the preparatory ADDRESSES: Interested parties are The Agency has organized letter peer invited to submit written comments to meeting agenda. The request should reviews for the Exposure and Use identify the name of the individual the FDIC by any of the following Assessment and the Human Health and methods: making the presentation, the Environmental Hazard Summary. The • organization (if any) the individual will https://www.FDIC.gov/regulations/ June 25, 2018 preparatory meeting will laws/federal. represent, and any requirements for be held by teleconference and webcast • audiovisual equipment. Oral comments Email: [email protected]. Include only. During the preparatory meeting, the name and number of the collection are limited to approximately 5 minutes the individual letter peer reviewers will due to the time constraints of the in the subject line of the message. have the opportunity to comment on • Mail: Manny Cabeza (202–898– preparatory meeting. and ask questions regarding the scope 3767), Counsel, MB–3007, Federal II. Background and clarity of the draft charge questions. Deposit Insurance Corporation, 550 17th Subsequent to this preparatory meeting, Street NW, Washington, DC 20429. A. Letter Peer Review final charge questions will be provided • Hand Delivery: Comments may be Section 6(h) of the Toxics Substances for use as the letter peer reviewers hand-delivered to the guard station at Control Act (TSCA) directs EPA to issue complete their individual reviews. the rear of the 17th Street Building

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(located on F Street), on business days Budget, New Executive Office Building, 1. Title: Interagency Supervisory between 7:00 a.m. and 5:00 p.m. Washington, DC 20503. Guidance for the Supervisory Review Process of Capital Adequacy (Pillar 2) All comments should refer to the FOR FURTHER INFORMATION CONTACT: Related to the Implementation of the appropriate OMB control number Manny Cabeza, Counsel, 202–898–3767, Basel II Advanced Capital Framework. referenced in the Supplementary [email protected], MB–3007, Federal OMB Number: 3064–0165. Information section below. A copy of Deposit Insurance Corporation, 550 17th Form Number: None. the comments may also be submitted to Street NW, Washington, DC 20429. Affected Public: Insured state the OMB desk officer for the FDIC: SUPPLEMENTARY INFORMATION: Proposal nonmember banks and certain Office of Information and Regulatory to renew the following currently subsidiaries of these entities. Affairs, Office of Management and approved collections of information: Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Estimated time Total annual Type of burden number of per response Frequency of estimated respondents (hours) response burden hours

Pillar 2 Guidance ...... Recordkeeping 2 105 Quarterly ...... 840

Total Estimated Annual Burden ...... 840

General Description of Collection: 37, 41, 43, and 46 of the guidance that boards of directors periodically There has been no change in the method include possible information review the assessment of overall capital or substance of this information collections. Section 37 provides that adequacy and analyze how measures of collection. The number of institutions banks should state clearly the definition internal capital adequacy compare with subject to the record keeping of capital used in any aspect of its other capital measures such as requirements has decreased from eight internal capital adequacy assessment regulatory or accounting. (8) to two (2). In 2008 the Office of the process (ICAAP) and document any 2. Title: Credit Risk Retention. Comptroller of the Currency, the Board changes in the internal definition of OMB Number: 3064–0183. of Governors of the Federal Reserve capital. Section 41 provides that banks Form Number: None. System and the FDIC issued a should maintain thorough Affected Public: Insured state non- supervisory guidance document related documentation of its ICAAP. Section 43 member banks, insured state branches of to the supervisory review process of specifies that the board of directors foreign banks, state savings associations capital adequacy (Pillar 2) in connection should approve the bank’s ICAAP, and certain subsidiaries of these with the implementation of the Basel II review it on a regular basis and approve entities. Advanced Capital Framework.1 Sections any changes. Section 46 recommends Burden Estimate:

SUMMARY OF ANNUAL BURDEN

Estimated Estimated Estimated Estimated number of annual average hours annual burden offerings frequency per response hours

Disclosure Burden

Subpart B: § 373.4 Standard Risk Retention—Horizontal Interest ...... 1 1 5.5 5.5 § 373.4 Standard Risk Retention—Vertical Interest ...... 40 1 2.0 80 § 373.4 Standard Risk Retention—Combined Interest ...... 4 1 7.5 30 § 373.5 Revolving Master Trusts ...... 15 1 7.0 105 § 373.6 Eligible ABCP Conduits ...... 15 1 3.0 45 § 373.7 Commercial MBS ...... 15 1 20.75 311.25 § 373.8 FNMA and FHLMC ...... 15 1 1.5 22.5 § 373.9 Open Market CLOs ...... 15 1 20.25 303.75 § 373.10 Qualified Tender Option Bonds ...... 15 1 6.0 90

Subpart B Subtotal ...... Subpart C: § 373.11 Allocation of Risk Retention to an Originator ...... 3 1 2.5 7.5 Subpart D: § 373.13 and .19(g) Exemption for Qualified Residential Mortgages .... 13 1 1.25 16.25 § 373.15 Exemption for Qualifying Commercial Loans, Commercial Real Estate and Automobile Loans ...... 16 1 20.0 320 § 373.16 Underwriting Standards for Qualifying Commercial Loans ..... 6 1 1.25 7.5 § 373.17 Underwriting Standards for Qualifying CRE Loans ...... 6 1 1.25 7.5 § 373.18 Underwriting Standards for Qualifying Automobile Loans ...... 6 1 1.25 7.5

Total Estimated Disclosure Burden ...... 1,359.25

1 73 FR 44620 (July 31, 2008).

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SUMMARY OF ANNUAL BURDEN—Continued

Estimated Estimated Estimated Estimated number of annual average hours annual burden offerings frequency per response hours

Recordkeeping Burden

Subpart B: § 373.4 Standard Risk Retention—Horizontal Interest ...... 1 1 0.5 0.5 § 373.4 Standard Risk Retention—Vertical Interest ...... 40 1 0.5 20 § 373.4 Standard Risk Retention—Combined Interest ...... 4 1 0.5 2 § 373.5 Revolving Master Trusts ...... 15 1 0.5 7.5 § 373.6 Eligible ABCP Conduits ...... 15 1 20.0 300 § 373.7 Commercial MBS ...... 15 1 30.0 450 Subpart C: § 373.11 Allocation of Risk Retention to an Originator ...... 3 1 20.0 60 Subpart D: § 373.13 and .19(g) Exemption for Qualified Residential Mortgages .... 13 1 40.0 520 § 373.15 Exemption for Qualifying Commercial Loans, Commercial Real Estate and Automobile Loans ...... 16 1 0.5 8 § 373.16 Underwriting Standards for Qualifying Commercial Loans ..... 6 1 40.0 240 § 373.17 Underwriting Standards for Qualifying CRE Loans ...... 6 1 40.0 240 § 373.18 Underwriting Standards for Qualifying Automobile Loans ...... 6 1 400 240

Total Estimated Recordkeeping Burden ...... 2,088

Total Estimated Annual Burden ...... 3,447.25

There has been no change in the Section 941 requires the Board, the disclosure and monitoring method or substance of this information FDIC, the OCC (collectively, the requirements. The recordkeeping collection. The above burden estimate is ‘‘Federal banking agencies’’), the requirements relate primarily to (i) the derived from FDIC’s estimate that there Commission and, in the case of the adoption and maintenance of various are currently approximately 1,400 securitization of any ‘‘residential policies and procedures to ensure and annual offerings subject to the Credit mortgage asset,’’ together with HUD and monitor compliance with regulatory Risk Retention rule (12 CFR part 373). FHFA, to jointly prescribe regulations requirements and (ii) certifications, The methodology used to estimate that (i) require a securitizer to retain not including as to the effectiveness of burden is fully detailed in the FDIC’s less than five percent of the credit risk internal supervisory controls. The supporting statement for this of any asset that the securitizer, through required disclosures for each risk information collection (3064–0183) the issuance of an asset-backed security retention option are intended to provide available at https://www.reginfo.gov/ (‘‘ABS’’), transfers, sells or conveys to a investors with material information public/do/PRAViewDocument?ref_ third party, and (ii) prohibit a concerning the sponsor’s retained nbr=201501-3064-002. securitizer from directly or indirectly interest in a securitization transaction General Description of Collection: hedging or otherwise transferring the (e.g., the amount, form and nature of the This information collection request credit risk that the securitizer is retained interest, material assumptions relates to the disclosure and required to retain under section 941 and and methodology, representations and recordkeeping requirements of 12 CFR the agencies’ implementing rules. part 373 (the Credit Risk Retention Rule) The Credit Risk Retention Rule warranties). The agencies believe that which implements section 15G of the provides a menu of credit risk retention the disclosure and recordkeeping Securities Exchange Act of 1934,2 added options from which securitizers can requirements will enhance market by section 941 of the Dodd-Frank Wall choose and sets out the standards, discipline, help ensure the quality of the Street Reform and Consumer Protection including disclosure and recordkeeping assets underlying a securitization, and Act 3 (Section 941). The Credit Risk requirements, for each option; identifies assist investors in evaluating Retention Rule was jointly issued by the the eligibility criteria, including transactions. Federal Deposit Insurance Corporation certification and disclosure 3. Title: Disclosure Requirements (‘‘FDIC’’), the Office of the Comptroller requirements, that must be met for asset- Associated with the Supplementary of the Currency (‘‘OCC’’), the Federal backed securities (ABS) offerings to Leverage Ratio. Reserve Board (‘‘Board’’), the Securities qualify for certain exemptions; specifies and Exchange Commission the underwriting standards for OMB Number: 3064–0196. (‘‘Commission’’) and, with respect to the commercial real estate (CRE) loans, Form Number: None. portions of the Rule addressing the commercial loans and automobile loans, Affected Public: Insured state securitization of residential mortgages, as well as disclosure, certification and nonmember banks and state savings the Federal Housing Finance Agency recordkeeping requirements, that must associations that are subject to the (‘‘FHFA’’) and the Department of be met for ABS issuances collateralized Housing and Urban Development by such loans to qualify for reduced FDIC’s advanced approaches risk-based (‘‘HUD’’). credit risk retention; and sets forth the capital rules. circumstances under which retention Burden Estimate: 2 15 U.S.C. 78o–11. obligations may be allocated by 3 Public Law 111–2–3, 124 Stat. 1376 (2010). sponsors to originators, including

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SUMMARY OF ANNUAL BURDEN

Estimated Estimated time Total annual Type of number of per response Frequency of estimated burden respondents (hours) response burden hours

12 CFR 324.172 and 173 ...... Disclosure ...... 2 5 Quarterly ...... 40

Total Estimated Annual Burden ...... 40

There has been no change in the Dated at Washington, DC, on May 22, 2018. Dampschifffahrts-Gesellschaft KG as a method or substance of this information Federal Deposit Insurance Corporation. party and replaces it with Maersk Line collection. The number of institutions Robert E. Feldman, A/S, extends the initial term of the subject to the disclosure requirements Executive Secretary. Agreement, changes the name of the has decreased from eight (8) to two (2). [FR Doc. 2018–11292 Filed 5–24–18; 8:45 am] Agreement, and restates the Agreement. General Description of Collection: The BILLING CODE 6714–01–P Agreement No.: 201251. supplementary leverage ratio Title: Hapag-Lloyd/Maersk Line Slot regulations strengthen the definition of Exchange Agreement. total leverage exposure and improve the FEDERAL MARITIME COMMISSION Parties: Hapag- Lloyd AG and Maersk measure of a banking organization’s on- Line A/S. and off-balance sheet exposures. The Notice of Agreements Filed Filing Party: Wayne Rohde; Cozen rules are generally consistent with the O’Connor; 1200 19th Street NW, Basel Committee on Banking The Commission hereby gives notice Washington, DC 20036. Supervision’s 2014 revisions and of the filing of the following agreements Synopsis: The Agreement authorizes promote consistency in the calculation under the Shipping Act of 1984. the parties to exchange space in the of this ratio across jurisdictions. All Interested parties may submit comments trade between the U.S. Gulf Coast and banking organizations that are subject to on the agreements to the Secretary, ports in Argentina, Brazil, Colombia, the the advanced approaches risk-based Federal Maritime Commission, Dominican Republic, Mexico, Panama capital rules 4 are required to disclose Washington, DC 20573, within twelve and Uruguay. The parties have their supplementary leverage ratios.5 days of the date this notice appears in requested Expedited Review. Advanced approaches banking the Federal Register. Copies of the Agreement No.: 201252. organizations must report their agreements are available through the Title: Marine Terminal Services supplementary leverage ratios on the Commission’s website (www.fmc.gov) or Agreement between Port of Houston applicable regulatory reports. The by contacting the Office of Agreements Authority and Mediterranean Shipping calculation and disclosure requirements at (202)-523–5793 or tradeanalysis@ Co. S.A. for the supplementary leverage ratio in fmc.gov. Parties: Port of Houston Authority the federal banking agencies’ regulatory Agreement No.: 012463–002. and MSC Mediterranean Shipping capital rules are generally consistent Title: Maersk/MSC/HMM Strategic Company S.A. with international standards published Cooperation Agreement. Filing Party: Chasless Yancy; Port of by the Basel Committee on Banking Parties: Maersk Line A/S, Houston Authority; 111 East Loop Supervision. These disclosures enhance Mediterranean Shipping Company S.A., North; Houston, TX 77029. the transparency and consistency of and Hyundai Merchant Marine Co., Ltd. Synopsis: The Agreement sets forth reporting requirements for the Filing Party: Wayne Rohde; Cozen certain discounted rates and charges supplementary leverage ratio by all O’Connor; 1200 19th Street NW, applicable to MSC’s container vessels internationally active organizations. Washington, DC 20036. calling at the Port of Houston Synopsis: The amendment deletes the Authority’s Barbours Cut and Bayport Request for Comment trade between North Europe and the Container Terminals. The Agreement Comments are invited on: (a) Whether U.S. Atlantic Coast from the scope of the will commence upon filing with the the collections of information are Agreement and removes all provisions Federal Maritime Commission, and the necessary for the proper performance of related to that trade from the term of the Agreement is for 10 years the FDIC’s functions, including whether Agreement. The amendment also following such filing, with an option to the information has practical utility; (b) increases the amount of space to be jointly agree upon a five-year extension. the accuracy of the estimates of the exchanged by the parties in the FE– Agreement No.: 201253. burdens of the information collections, USWC trade and the amount of space to Title: Marine Terminal Services including the validity of the be chartered in the FE–USEC trade. Agreement between Port of Houston methodology and assumptions used; (c) Finally, it reflects an increase in the Authority and Hapag-Lloyd AG. ways to enhance the quality, utility, and number and size of vessels to be Parties: Port of Houston Authority clarity of the information to be operated by HMM. and Hapag-Lloyd AG. collected; and (d) ways to minimize the Agreement No.: 012476–001. Filing Party: Chasless Yancy; Port of burden of the collections of information Title: Maersk/HLAG/CMA CGM Houston Authority; 111 East Loop on respondents, including through the ECUS–WCSA Slot Charter Agreement. North; Houston, TX 77029. use of automated collection techniques Parties: Maersk Line A/S, Hapag- Synopsis: The Agreement sets forth or other forms of information Lloyd AG, and CMA CGM S.A. certain discounted rates and charges technology. All comments will become Filing Party: Wayne Rohde; Cozen applicable to Hapag-Lloyd’s container a matter of public record. O’Connor; 1200 19th Street NW, vessels calling at the Port of Houston Washington, DC 20036. Authority’s Barbours Cut and Bayport 4 12 CFR 324.100(b)(1). Synopsis: The amendment deletes Container Terminals. Hapag Lloyd 5 12 CFR 324.10(c), 324.172(d), and 324.173. Hamburg Sudamerkanische (America) LLC is the authorized agent

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for Hapag-Lloyd under the Agreement. GENERAL SERVICES Instructions: Comments received The effective date as between the parties ADMINISTRATION generally will be posted without change to http://www.regulations.gov, including is January 18, 2018, with a term of 10 [OMB Control No. 3090–0248; Docket No. years from the effective date and an 2018–0001; Sequence No. 5] any personal and/or business option to jointly agree upon a five-year confidential information provided. To extension. Information Collection; General confirm receipt of your comment(s), Services Administration Acquisition please check www.regulations.gov, Agreement No.: 201254. Regulation; Solicitation Provisions and approximately two to three days after Title: Sealand/APL–CMA CGM West Contract Clauses; Placement of Orders submission to verify posting (except Coast of Central America Slot Charter Clause; and Ordering Information allow 30 days for posting of comments Agreement. Clause submitted by mail). SUPPLEMENTARY INFORMATION: Parties: Maersk Line A/S DBA AGENCY: Office of Acquisition Policy, Sealand; APL Co. Pte. Ltd.; American General Services Administration (GSA). A. Purpose President Lines, ltd.; and CMA CGM ACTION: Notice of request for public GSA has various mission S.A. comments regarding an extension to an responsibilities related to the Filing Party: Wayne Rohde; Cozen existing OMB clearance. acquisition and provision of the Federal O’Connor; 1200 19th Street NW, Acquisition Service’s (FAS’s) Stock, SUMMARY: Under the provisions of the Washington, DC 20036. Paperwork Reduction Act, the Special Order, and Federal Supply Synopsis: The Agreement authorizes Regulatory Secretariat Division will be Schedule (FSS) Programs. These Sealand to charter space to APL and submitting to the Office of Management mission responsibilities generate CMA CGM on its WAMS and WCCA and Budget (OMB) a request to review requirements that are realized through services operating between ports in and approve an extension of a the solicitation and award of various types of FAS contracts. Individual California on the one hand and ports in previously approved information solicitations and resulting contracts may Mexico, Guatemala, El Salvador, Costa collection requirement regarding impose unique information collection Rica, and Nicaragua on the other hand. solicitation provisions and contract clauses, placement of orders clause, and and reporting requirements on Agreement No.: 201255. ordering information clause. contractors, not required by regulation, but necessary to evaluate particular Title: Marine Terminal Services DATES: Submit comments on or before: Agreement between the Port of Houston July 24, 2018. program accomplishments and measure success in meeting program objectives. Authority and Evergreen Line Joint FOR FURTHER INFORMATION CONTACT: As such, the General Services Service Agreement D/B/A Evergreen Leah Price, Procurement Analyst, Administration Acquisition Regulation Line. General Services Acquisition Policy (GSAR) 516.506, Solicitation provision Parties: Port of Houston Authority Division, GSA, by phone at 202–714– and clauses, specifically directs and Evergreen Line Joint Service 9482 or by email at [email protected]. contracting officers to insert 552.216– Agreement. ADDRESSES: Submit comments 72, Placement of Orders, and 552.216– identified by Information Collection Filing Party: Chasless Yancy; Port of 73, Ordering Information, when the 3090–0248, Solicitation Provisions and contract authorizes FAS and other Houston Authority; 111 East Loop Contract Clauses, Placement of Orders North; Houston, TX 77029. activities to issue delivery or task Clause, and, Ordering Information orders. These clauses include Synopsis: The Agreement sets forth Clause, by any of the following information reporting requirements for certain discounted rates and charges methods: • Offerors to receive electronic orders applicable to Evergreen’s container Regulations.gov: http:// through computer-to-computer vessels calling at the Port of Houston www.regulations.gov. Submit comments Electronic Data Interchange (EDI). Authority’s Barbours Cut and Bayport via the Federal eRulemaking portal by B. Annual Reporting Burden Container Terminals. The Agreement searching for Information Collection 3090–0248. Select the link ‘‘Comment will commence upon filing with the Respondents: 18,590. Now’’ that corresponds with Federal Maritime Commission, and the Responses per Respondent: 1. ‘‘Information Collection 3090–0248, term of the Agreement is for 10 years Annual Responses: 18,590. Solicitation Provisions and Contract Hours per Response: .25. following such filing, with an option for Clauses, Placement of Orders Clause, Total Burden Hours: 4,648. the Parties to jointly agree upon a five- and Ordering Information Clause’’. year extension. Follow the instructions on the screen. C. Public Comments Dated: May 21, 2018. Please include your name, company Public comments are particularly Rachel E. Dickon, name (if any), and ‘‘Information invited on: Whether this collection of Collection 3090–0248, Solicitation information is necessary and whether it Secretary. Provisions and Contract Clauses, will have practical utility; whether our [FR Doc. 2018–11191 Filed 5–24–18; 8:45 am] Placement of Orders Clause, and estimate of the public burden of this BILLING CODE 6731–AA–P Ordering Information Clause’’ on your collection of information is accurate and attached document. based on valid assumptions and • Mail: General Services methodology; and ways to enhance the Administration, Regulatory Secretariat quality, utility, and clarity of the Division (MVCB), 1800 F Street NW, information to be collected. Washington, DC 20405. ATTN: Ms. Obtaining Copies of Proposals: Mandell/IC 3090–0248, Solicitation Requesters may obtain a copy of the Provisions and Contract Clauses; information collection documents from Placement of Orders Clause; and the General Services Administration, Ordering Information Clause. Regulatory Secretariat Division (MVCB),

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1800 F Street NW, Washington, DC Commission, 701 Pennsylvania Avenue Dated: May 21, 2018. 20405, telephone 202–501–4755. NW, 123, Washington, DC 20004–2608, Daniel S. Dayton, Please cite OMB Control No. 3090– telephone 202–380–0725 (note: This is Designated Federal Official, World War I 0248, Solicitation Provisions and not a toll-free number). Centennial Commission. Contract Clauses, Placement of Orders Contact Daniel S. Dayton at [FR Doc. 2018–11230 Filed 5–24–18; 8:45 am] Clause, and Ordering Information [email protected] BILLING CODE 6820–95–P Clause, in all correspondence. to register to comment during the Dated: May 22, 2018. meeting’s 30-minute public comment Jeffrey A. Koses, period. Registered speakers/ GENERAL SERVICES ADMINISTRATION Senior Procurement Executive, Office of organizations will be allowed five (5) minutes, and will need to provide Acquisition Policy, Office of Government- [OMB Control No. 3090–0290; Docket No. wide Policy. written copies of their presentations. 2018–0001; Sequence No. 16] [FR Doc. 2018–11317 Filed 5–24–18; 8:45 am] Please contact Mr. Dayton at the email address above to obtain meeting BILLING CODE 6820–61–P Information Collection; System for materials. Award Management Registration SUPPLEMENTARY INFORMATION: Requirements for Prime Grant GENERAL SERVICES Recipients ADMINISTRATION Background AGENCY: Office of the Integrated Award [Notice–WWICC–2018–02; Docket No. 2018– The World War One Centennial Environment, General Services 0003; Sequence No. 2] Commission was established by Public Administration (GSA). Law 112–272 (as amended), as a ACTION: World War One Centennial commission to ensure a suitable Notice of request for comments Commission; Notification of Upcoming observance of the centennial of World regarding revisions to an existing OMB Public Advisory Meeting War I, to provide for the designation of information collection. memorials to the service of members of AGENCY: World War One Centennial SUMMARY: Under the provisions of the the United States Armed Forces in Paperwork Reduction Act of 1995, the Commission, GSA. World War I, and for other purposes. ACTION: Meeting notice. Regulatory Secretariat Division will be Under this authority, the Committee submitting to the Office of Management SUMMARY: Notice of this meeting is being will plan, develop, and execute and Budget (OMB) a request to review provided according to the requirements programs, projects, and activities to and approve revisions to the currently of the Federal Advisory Committee Act. commemorate the centennial of World approved information collection This notice provides the schedule and War I, encourage private organizations requirement regarding the pre-award agenda for the June meeting of the and State and local governments to registration requirements for federal World War One Centennial Commission organize and participate in activities Prime Grant Recipients. These revisions (the Commission). The meeting is open commemorating the centennial of World will enable non-Federal entities to to the public. War I, facilitate and coordinate activities complete governmentwide certifications throughout the United States relating to DATES: Meeting date: The meeting will and representations for Federal financial the centennial of World War I, serve as be held on Wednesday, June 20, 2018, assistance at the time of registration in a clearinghouse for the collection and starting at 9:00 a.m., Central Daylight the System for Award Management dissemination of information about Time (CDT), and ending no later than (SAM). events and plans for the centennial of 12:00 p.m., CDT. World War I, and develop DATES: Submit comments on or before Written Comments may be submitted July 24, 2018. to the Commission and will be made recommendations for Congress and the ADDRESSES: Submit comments on part of the permanent record of the President for commemorating the ‘‘Information Collection 3090–0290, Commission. Comments must be centennial of World War I. System for Award Management received by 5:00 p.m., Eastern Daylight Agenda: Wednesday June 20, 2018 Registration Requirements for Prime Time (EDT), June 15, 2018, and may be Old Business Grant Recipients’’ by any of the provided by email to daniel.dayton@ • Approval of minutes of previous following methods: worldwar1centennial.org. Requests to meetings • Regulations.gov: http:// comment, together with presentations • Public Comment Period www.regulations.gov. Submit comments for the meeting, must be received by New Business via the Federal eRulemaking portal by 5:00 p.m., EDT, on Friday, June 15, D Executive Director Report— searching the OMB control number 2018. Executive Director Dayton 3090–0290. Select the link ‘‘Comment ADDRESSES: The meeting will be held at D Education Report—Commissioner Now’’ that corresponds with the National World War I Museum and O’Connell ‘‘Information Collection 3090–0290, Memorial, 100 W 26th Street, Kansas D International Report— System for Award Management City, MO 64108. This location is Commissioner Seefried Registration Requirements for Prime handicapped accessible. The meeting D World War 1 Memorial—Vice Chair Grant Recipients’’. Follow the will be open to the public. Persons Fountain instructions provided on the screen. attending are requested to refrain from D Chairman’s Report—Vice Chair Please include your name, company using perfume, cologne, and other Fountain name (if any), and ‘‘Information fragrances (see http://www.access- D Other business as may Collection 3090–0290, System for board.gov/about/policies/fragrance.htm appropriately come before the Award Management Registration for more information). Commission Requirements for Prime Grant FOR FURTHER INFORMATION CONTACT: D Set next meeting—October 2, Recipients’’ on your attached document. Daniel S. Dayton, Designated Federal 2018—Chicago, IL • Mail: General Services Officer, World War 1 Centennial D Adjourn Administration, Regulatory Secretariat

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Division (MVCB), 1800 F Street NW, Currently, most Federal agencies require Registration Requirements for Prime Washington, DC 20405. ATTN: Ms. non-Federal entities to submit Grant Recipients, in all correspondence. Mandell/IC 3090–0290. certifications with each Federal Dated: May 22, 2018. Instructions: Please submit comments assistance application by use of the David A. Shive, only and cite Information Collection Assurances for Non-Construction Chief Information Officer. 3090–0290, System for Award Programs (SF–424B) and on an annual Management Registration Requirements basis thereafter. To streamline this data [FR Doc. 2018–11319 Filed 5–24–18; 8:45 am] for Prime Grant Recipients, in all collection and to reduce burden, OMB, BILLING CODE 6820–WY–P correspondence related to this in conjunction with the Federal collection. Comments received generally assistance community, developed GENERAL SERVICES will be posted without change to http:// standard governmentwide certifications ADMINISTRATION www.regulations.gov, including any and representations to be certified by personal and/or business confidential the non-Federal entity when registering [OMB Control No. 3090–0317: Docket No. information provided. To confirm in SAM. In Fiscal Year 2019, OMB will 2018–0001; Sequence No. 15] receipt of your comment(s), please reemphasize that SAM is the repository check regulations.gov approximately for standard information about Information Collection; Notarized two to three days after submission to applicants and recipients and that the Document Submittal for System for verify posting (except allow 30 days for standard governmentwide certifications Award Management Registration posting of comments submitted by and representations are to be certified AGENCY: Office of Acquisition Policy, mail). within SAM at the time of registration General Services Administration (GSA). FOR FURTHER INFORMATION CONTACT: Ms. and/or registration renewal should meet ACTION: Notice of request for comments Nancy Goode, Program Manager, IAE the need of governmentwide regarding an extension to an existing Outreach and Stakeholder Management certifications and representations. This OMB clearance. Division, at telephone number 703–605– will reduce the unnecessary, duplicative 2175; or via email at nancy.goode@ practice of agencies requesting SUMMARY: Under the provisions of the gsa.gov. certifications and representations with Paperwork Reduction Act, the the submission of each application and Regulatory Secretariat Division will be SUPPLEMENTARY INFORMATION: lead to phasing out the use of the SF– submitting to the Office of Management A. Purpose 424B, thereby decreasing the burden and Budget (OMB) a request to review This information collection requires level of Federal grant recipients and and approve an existing OMB clearance information necessary for prime Federal agencies. regarding a notarized document applicants and recipients, excepting B. Annual Reporting Burden submittal for System for Award individuals, of Federal grants to register Management (SAM) Registration. Respondents: 143,334. DATES: Submit comments on or before in the System for Award Management Responses per Respondent: 1. (SAM) and maintain an active SAM Total Annual Responses: 143,334. July 24, 2018. registration with current information at Hours per Response: 2.5. ADDRESSES: Submit comments all times during which they have an Total Burden Hours: 358,335. identified by Information Collection active Federal award or an application 3090–0317; Notarized Document or plan under consideration by an C. Public Comments Submittal for System for Award agency pursuant to 2 CFR Subtitle A, Public comments are particularly Management Registration, by any of the Chapter I, and part 25 (75 FR 55673 as invited on: Whether this collection of following methods: amended at 79 FR 75879). 2 CFR information is necessary for the proper • Regulations.gov: http:// Subtitle A, Chapter I, and part 25 performance of functions of the System www.regulations.gov. Submit comments designates SAM as the governmentwide for Award Management Registration via the Federal eRulemaking portal by repository for standard information Requirements for Prime Grant searching for the OMB Control number about applicants and recipients. 2 CFR Recipients, whether it will have 3090–0317. Select the link ‘‘Comment Subtitle A, Chapter II, and part 200 (80 practical utility; whether our estimate of Now’’ that corresponds with FR 43308) also designates SAM as the the public burden of this collection of ‘‘Information Collection 3090–0317; system recipients are required to report information is accurate, and based on Notarized Document Submittal for certain civil, criminal, or administrative valid assumptions and methodology; System for Award Management proceedings if they meet certain ways to enhance the quality, utility, and Registration’’. Follow the instructions conditions. Further, Federal awarding clarity of the information to be on the screen. Please include your agencies are required to check SAM for collected; and ways in which we can name, company name (if any), and pre-award purposes in accordance with minimize the burden of the collection of ‘‘Information Collection 3090–0317; 2 CFR part 180. This information information on those who are to Notarized Document Submittal for collection requires that all prime grant respond, through the use of appropriate System for Award Management awardees, subject to the requirements in technological collection techniques or Registration’’ on your attached 2 CFR Subtitle A, Chapter I, and part 25 other forms of information technology. document. register and maintain their registration Obtaining Copies of Proposals: • Mail: General Services in SAM. Requesters may obtain a copy of the Administration, Regulatory Secretariat Pursuant to 2 CFR Subtitle A, Chapter information collection documents in Division (MVCB), 1800 F Street NW, II, part 200, Subpart C, Section 200.208 hard-copy or electronic format. Hard Washington, DC 20405–0001. ATTN: Certifications and representations, copy: General Services Administration, Ms. Mandell/IC 3090–0317; Notarized Federal agencies are authorized to Regulatory Secretariat Division (MVCB), Document Submittal for System for require non-Federal entities to submit 1800 F Street NW, Washington, DC Award Management Registration. certifications and representations 20405, telephone 202–501–4755. Please Instructions: Please submit comments required by Federal statutes, or cite OMB Control No. 3090–0290, only and cite Information Collection regulations on an annual basis. System for Award Management 3090–0317; Notarized Document

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Submittal for System for Award technical alternatives to the collection documents. GSA proposes that the Management Registration, in all of this information for all non-federal entities with in-house notaries will correspondence related to this entities. GSA seeks to refine the typically be large businesses where the collection. Comments received generally requirement and adopt a risk-based projected salary of the executive or will be posted without change to http:// approach. This notice for an extension officer responsible for signing the www.regulations.gov, including any of the ICR lays the groundwork for the notarized letter is on average personal and/or business confidential authority to continue collection of the approximately $150 per hour. The information provided. To confirm information provided GSA is still projected time for signature and receipt of your comment(s), please pursuing the technical alternative notarizing the letter internally is 0.5 check www.regulations.gov, beyond the ICR expiration date. In the hour. approximately two-to-three days after interim, the collection of the notarized The other remaining 25,000 new and submission to verify posting (except letter information is essential to GSA’s existing entities (re-registrants) per allow 30 days for posting of comments acquisition mission to meet the needs of month are estimated to be small entities submitted by mail). all federal agencies, as well as the needs where the projected salary of the FOR FURTHER INFORMATION CONTACT: Mr. of the grant community. A key element executive or officer responsible signing Curtis E. Glover, Sr. Procurement of GSA’s mission is to provide efficient the notarized letter is on average Analyst, Federal Acquisition Policy and effective acquisition solutions approximately $100 per hour. These Division, GSA, telephone number 202– across the Federal Government. SAM is entities will more than likely have to 501–1448, or via email to curtis.glover@ essential to the accomplishment of that obtain notary services from an outside gsa.gov. mission. In addition to federal contracts, source. The projected time for signature SUPPLEMENTARY INFORMATION: A. Federal federal assistance programs also rely and notarizing the letter externally is 1 Acquisition Regulation (FAR) Subpart upon the integrity and security of the hour. The estimate includes a nominal 4.11 prescribes policies and procedures information in SAM. Without fee ($5.00) usually charged by third- for requiring contractor registration in assurances that the information in SAM party notaries. the System for Award Management is protected and, is at minimal risk of (SAM) database to: (1) Increase visibility compromise, GSA would risk losing the C. Public Comments. of vendor sources (including their confidence of the federal acquisition geographical locations) for specific and assistance communities which is Public comments are particularly supplies and services; and (2) establish serves. As a result, some entities may invited on: Whether this collection of a common source of vendor data for the prefer not to do business with the information is necessary, whether it will Government. Federal Government. have practical utility; whether our In the past, the GSA Office of estimate of the public burden of this B. Annual Reporting Burden. Inspector General (OIG) conducted an collection of information is accurate, investigation into fraudulent activities Respondents: 686,400. and based on valid assumptions and discovered within SAM. Certain bad Responses per Respondent: 1. methodology; ways to enhance the actors have, through electronic means, Total Annual Responses: 686,400. quality, utility, and clarity of the used public information to impersonate Hours per Response: 2.25. information to be collected; and ways in legitimate entities and established new Total Burden Hours: 1,544,400. which we can minimize the burden of entity registrations for those entities in The information collection allows the collection of information on those SAM. By establishing fraudulent entity GSA to request the notarized letter, and who are to respond, through the use of registrations, bad actors submitted bids apply this approach to new registrants appropriate technological collection in certain U.S. Government (an average of 7,200 per month) and to techniques or other forms of information procurement systems or shipped existing SAM registrants (an average of technology. deficient or counterfeit goods to the U.S. 50,000 re-register per month). Obtaining Copies of Proposals: Government. GSA established a new Entities registered and registering in Requesters may obtain a copy of the Information Collection Request (ICR) to SAM are provided the template for the information collection documents from collect additional information to requirements of the notarized letter. It is the General Services Administration, support increased validation of entities estimated that the Entity Administrator Regulatory Secretariat Division (MVCB), registered and registering in the System will take on average 0.5 hour to create 1800 F Street NW, Washington, DC for Award Management (SAM). This the letter and 0.25 hour to mail the hard 20405. ATTN: Information Collection additional information is contained in a copy letter. GSA proposes that an Entity 3090–0317; Notarized Document notarized letter in which an officer or Administrator equivalent to a GS–5, Submittal for System for Award other signatory authority of the entity Step 5 Administrative Support person Management Registration. Please cite formally appoints the Entity within the Government would perform OMB Control No. 3090–0317; Notarized Administrator for the entity registering these tasks. The estimated hourly rate of Document Submittal for System for or recertifying in SAM. The original, $24.70 (Base + Locality + Fringe) was Award Management Registration, in all signed letter is mailed to the Federal used for the calculation. correspondence. Service Desk for SAM prior to the Based on historical data of the ratio of Dated: May 22, 2018. registration’s activation or re- small entities to other than small registration. entities registering in SAM, GSA David A. Shive, The new ICR expires September 30, approximates 32,200 of the 57,200 new Chief Information Officer. 2018, without authority for an and existing entities (re-registrants) will [FR Doc. 2018–11321 Filed 5–24–18; 8:45 am] extension. GSA is actively pursuing have in-house resources to notarize BILLING CODE 6820–EP–P

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DEPARTMENT OF HEALTH AND II. Notice of Reapproval of the Joint A. Subpart E—Accreditation by a HUMAN SERVICES Commission as an Accreditation Private, Nonprofit Accreditation Organization Organization or Exemption Under an Centers for Medicare & Medicaid Approved State Laboratory Program Services In this notice, we reapprove the Joint Commission as an organization that may The Joint Commission submitted a description of its mechanisms for [CMS–3354–N] accredit laboratories for purposes of establishing its compliance with CLIA monitoring compliance with all Medicare Program; Announcement of requirements for all specialty and requirements equivalent to condition- the Reapproval of the Joint subspecialty areas under CLIA. We have level requirements, a list of all its client Commission as an Accreditation examined the initial Joint Commission laboratories and the expiration date of their accreditations, and a detailed Organization Under the Clinical application and all subsequent comparison of the Joint Commission’s Laboratory Improvement Amendments submissions to determine its of 1988 individual accreditation requirements accreditation program’s equivalency with the comparable condition-level with the requirements for reapproval of requirements. We determined that the AGENCY: Centers for Medicare & an accreditation organization under Medicaid Services (CMS), HHS. Joint Commission’s policies and subpart E of part 493. We have procedures for oversight of laboratory ACTION: Notice. determined that the Joint Commission testing for all CLIA specialties and meets or exceeds the applicable CLIA subspecialties with respect to SUMMARY: This notice announces the requirements. We have also determined inspection, monitoring proficiency application of the Joint Commission for that the Joint Commission will ensure testing (PT) performance, investigating reapproval as an accreditation that its accredited laboratories will meet complaints, and making PT information organization for clinical laboratories or exceed the applicable requirements available, are equivalent to those of under the Clinical Laboratory in subparts H, I, J, K, M, Q, and the CMS. The Joint Commission also Improvement Amendments of 1988 applicable sections of R. Therefore, we submitted descriptions of its (CLIA) program for all specialty and grant the Joint Commission reapproval infrastructure and procedures for subspecialty areas under CLIA. We have as an accreditation organization under monitoring and inspecting laboratories determined that the Joint Commission subpart E of part 493, for the period in the areas of data management, the meets or exceeds the applicable CLIA stated in the DATES section of this notice inspection process, procedures for requirements. We are announcing the for all specialty and subspecialty areas removal or withdrawal of accreditation, reapproval and grant the Joint under CLIA. As a result of this notification requirements, and Commission deeming authority for a determination, any laboratory that is accreditation organization resources. We period of 6 years. accredited by the Joint Commission have determined that the requirements DATES: Effective Date: This notice is during the time period stated in the of the Joint Commission accreditation effective from May 25, 2018 to May 28, DATES section of this notice will be program are equal to or more stringent 2024. deemed to meet the CLIA requirements than the requirements of the CLIA regulations. for the listed subspecialties and FOR FURTHER INFORMATION CONTACT: Our evaluation determined that Joint Kathleen Todd, (410) 786–3385. specialties, and therefore, will generally not be subject to routine inspections by Commission requirements regarding SUPPLEMENTARY INFORMATION: a state survey agency to determine its waived testing are more stringent than compliance with CLIA requirements. the CLIA requirements set out at Part I. Background and Legislative 493, subpart B. The Joint Commission The accredited laboratory, however, is Authority waived testing requirements include the subject to validation and complaint On October 31, 1988, the Congress following: investigation surveys performed by • enacted the Clinical Laboratory CMS, or its agent(s). Defining the extent that waived test Improvement Amendments of 1988 results are used in patient care. (Pub. L. 100–578) (CLIA). CLIA III. Evaluation of the Joint Commission • Identifying the personnel amended section 353 of the Public Request for Reapproval as an responsible for performing and Health Service Act. We issued a final Accreditation Organization Under supervising waived testing. rule implementing the accreditation CLIA • Assuring that personnel performing provisions of CLIA on July 31, 1992 (57 waived testing have adequate, specific FR 33992). Under those provisions, we The following describes the process we used to determine that the Joint training and orientation to perform the may grant deeming authority to an testing and can demonstrate satisfactory accreditation organization if its Commission accreditation program meets the necessary requirements to be levels of performance. requirements for laboratories accredited • Making certain that policies and under its program are equal to or more approved by CMS and that, as such, we may approve Joint Commission as an procedures governing waived testing- stringent than the applicable CLIA related procedures are current and program requirements in 42 CFR part accreditation program with deeming authority under the CLIA program. Joint readily available. 493 (Laboratory Requirements). Subpart • E of part 493 (Accreditation by a Private, Commission formally applied to CMS Conducting defined quality control Nonprofit Accreditation Organization or for reapproval as an accreditation checks. Exemption Under an Approved State organization under CLIA for all • Maintaining quality control and test Laboratory Program) specifies the specialties and subspecialties under records. requirements an accreditation CLIA on 14 September 2017. In Our CLIA regulations at § 493.15(e) organization must meet to be approved reviewing these materials, we reached require that a laboratory follow the by CMS as an accreditation organization the following determinations for each manufacturer’s instructions and obtain a under CLIA. applicable part of the CLIA regulations: certificate of waiver.

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B. Subpart H—Participation in response to substantial allegations of Dated: May 16, 2018. Proficiency Testing for Laboratories noncompliance (that is, complaint Seema Verma, Performing Nonwaived Testing inspections). The outcome of those Administrator, Centers for Medicare & The Joint Commission’s requirements validation inspections, performed by Medicaid Services. are equivalent to the CLIA requirements CMS or our agents, or the state survey [FR Doc. 2018–11330 Filed 5–24–18; 8:45 am] at §§ 493.801 through 493.865. agencies, will be our principal means BILLING CODE 4120–01–P for verifying that the laboratories C. Subpart J—Facility Administration accredited by the Joint Commission for Nonwaived Testing remain in compliance with CLIA DEPARTMENT OF HEALTH AND The Joint Commission’s requirements requirements. This federal monitoring is HUMAN SERVICES are equal to the CLIA requirements at an ongoing process. §§ 493.1100 through 493.1105. Food and Drug Administration V. Removal of Approval as an [Docket No. FDA–2012–N–0438] D. Subpart K—Quality System for Accrediting Organization Nonwaived Testing Our regulations provide that we may Agency Information Collection The Joint Commission requirements Activities; Proposed Collection; rescind the approval of an accreditation are as or more stringent than the CLIA Comment Request; Early Food Safety organization, such as that of the Joint requirements at §§ 493.1200 through Evaluation of New Non-Pesticidal Commission, for cause, before the end of 493.1299. For instance, the Joint Proteins Produced by New Plant Commission has control procedure the effective date of the approval period. Varieties Intended for Food Use requirements for all waived complexity If we determine that the Joint testing performed. Commission has failed to adopt, AGENCY: Food and Drug Administration, HHS. E. Subpart M—Personnel for Nonwaived maintain and enforce requirements that Testing are equal to, or more stringent than, the ACTION: Notice. CLIA requirements, or that systemic We have determined that Joint problems exist in its monitoring, SUMMARY: The Food and Drug Commission requirements are inspection or enforcement processes, we Administration (FDA or Agency) is equivalent to the CLIA requirements at may impose a probationary period, not announcing an opportunity for public §§ 493.1403 through 493.1495 for to exceed 1 year, in which the Joint comment on the proposed collection of laboratories that perform moderate and Commission would be allowed to certain information by the Agency. high complexity testing. address any identified issues. Should Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are F. Subpart Q—Inspections the Joint Commission be unable to required to publish notice in the address the identified issues within that We have determined that the Joint Federal Register concerning each Commission requirements are timeframe, we may, in accordance with proposed collection of information, equivalent to the CLIA requirements at the applicable regulations, revoke Joint including each proposed extension of an §§ 493.1771 through 493.1780. Commission’s deeming authority under existing collection of information, and CLIA. G. Subpart R—Enforcement Procedures to allow 60 days for public comment in Should circumstances result in our response to the notice. This notice The Joint Commission meets the withdrawal of the Joint Commission’s solicits comments on the information requirements of subpart R to the extent approval, we will publish a notice in the collection provisions of FDA’s that it applies to accreditation procedures for early food safety organizations. The Joint Commission Federal Register explaining the basis for evaluation of new non-pesticidal policy sets forth the actions the removing its approval. proteins produced by new plant organization takes when laboratories it VI. Collection of Information varieties intended for food use, accredits do not comply with its Requirements including bioengineered food plants. requirements and standards for accreditation. When appropriate, the This notice does not impose any DATES: Submit either electronic or Joint Commission will deny, suspend, information collection and record written comments on the collection of or revoke accreditation in a laboratory keeping requirements subject to the information by July 24, 2018. accredited by the Joint Commission and Paperwork Reduction Act (PRA). ADDRESSES: You may submit comments report that action to us within 30 days. Consequently, it does not need to be as follows. Please note that late, The Joint Commission also provides an reviewed by the Office of Management untimely filed comments will not be appeals process for laboratories that and Budget (OMB) under the authority considered. Electronic comments must have had accreditation denied, of the PRA. The requirements associated be submitted on or before July 24, 2018. suspended, or revoked. with the accreditation process for The https://www.regulations.gov electronic filing system will accept We have determined that the Joint clinical laboratories under the CLIA comments until midnight Eastern Time Commission laboratory enforcement and program, codified in 42 CFR part 493 appeal policies are as or more stringent at the end of July 24, 2018. Comments subpart E, are currently approved by than the requirements of part 493 received by mail/hand delivery/courier OMB under OMB reapproval number subpart R as they apply to accreditation (for written/paper submissions) will be organizations. 0938–0686. considered timely if they are VII. Executive Order 12866 Statement postmarked or the delivery service IV. Federal Validation Inspections and acceptance receipt is on or before that Continuing Oversight In accordance with the provisions of date. The Federal validation inspections of Executive Order 12866, this notice was Electronic Submissions laboratories accredited by the Joint not reviewed by the Office of Commission may be conducted on a Management and Budget. Submit electronic comments in the representative sample basis or in following way:

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• Federal eRulemaking Portal: with a heading or cover note that states of the proposed collection of https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS information set forth in this document. instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ The With respect to the following Comments submitted electronically, Agency will review this copy, including collection of information, FDA invites including attachments, to https:// the claimed confidential information, in comments on these topics: (1) Whether www.regulations.gov will be posted to its consideration of comments. The the proposed collection of information the docket unchanged. Because your second copy, which will have the is necessary for the proper performance comment will be made public, you are claimed confidential information of FDA’s functions, including whether solely responsible for ensuring that your redacted/blacked out, will be available the information will have practical comment does not include any for public viewing and posted on utility; (2) the accuracy of FDA’s confidential information that you or a https://www.regulations.gov. Submit estimate of the burden of the proposed third party may not wish to be posted, both copies to the Dockets Management collection of information, including the such as medical information, your or Staff. If you do not wish your name and validity of the methodology and anyone else’s Social Security number, or contact information to be made publicly assumptions used; (3) ways to enhance confidential business information, such available, you can provide this the quality, utility, and clarity of the as a manufacturing process. Please note information on the cover sheet and not information to be collected; and (4) that if you include your name, contact in the body of your comments and you ways to minimize the burden of the information, or other information that must identify this information as collection of information on identifies you in the body of your ‘‘confidential.’’ Any information marked respondents, including through the use comments, that information will be as ‘‘confidential’’ will not be disclosed of automated collection techniques, posted on https://www.regulations.gov. except in accordance with 21 CFR 10.20 when appropriate, and other forms of • If you want to submit a comment and other applicable disclosure law. For information technology. with confidential information that you more information about FDA’s posting do not wish to be made available to the of comments to public dockets, see 80 Early Food Safety Evaluation of New public, submit the comment as a FR 56469, September 18, 2015, or access Non-Pesticidal Proteins Produced by written/paper submission and in the the information at: https://www.gpo.gov/ New Plant Varieties Intended for Food manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- Use Submissions’’’’ and ‘‘Instructions’’). 23389.pdf. OMB Control Number 0910–0583— Written/Paper Submissions Docket: For access to the docket to Extension read background documents or the Since May 29, 1992, when FDA Submit written/paper submissions as electronic and written/paper comments issued a policy statement on foods follows: received, go to https:// • derived from new plant varieties, Mail/Hand delivery/Courier (for www.regulations.gov and insert the including those varieties that are written/paper submissions): Dockets docket number, found in brackets in the developed through biotechnology, we Management Staff (HFA–305), Food and heading of this document, into the have encouraged developers of new Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts plant varieties to consult with us early Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management • in the development process to discuss For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, possible scientific and regulatory issues submitted to the Dockets Management Rockville, MD 20852. Staff, FDA will post your comment, as that might arise (57 FR 22984). The FOR FURTHER INFORMATION CONTACT: well as any attachments, except for guidance entitled ‘‘Recommendations Domini Bean, Office of Operations, information submitted, marked and for the Early Food Safety Evaluation of Food and Drug Administration, Three identified, as confidential, if submitted New Non-Pesticidal Proteins Produced White Flint North, 10A–12M, 11601 as detailed in ‘‘Instructions.’’ by New Plant Varieties Intended for Instructions: All submissions received Landsdown St., North Bethesda, MD Food Use’’ continues to foster early must include the Docket No. FDA– 20852, 301–796–5733, PRAStaff@ communication by encouraging 2012–N–0438 for ‘‘Agency Information fda.hhs.gov. developers to submit to us their Collection Activities; Proposed SUPPLEMENTARY INFORMATION: Under the evaluation of the food safety of their Collection; Comment Request; Early PRA (44 U.S.C. 3501–3520), Federal new protein. Such communication Food Safety Evaluation of New Non- Agencies must obtain approval from the helps to ensure that any potential food Pesticidal Proteins Produced by New Office of Management and Budget safety issues regarding a new protein in Plant Varieties Intended for Food Use.’’ (OMB) for each collection of a new plant variety are resolved early in Received comments, those filed in a information they conduct or sponsor. development, prior to any possible timely manner (see ADDRESSES), will be ‘‘Collection of information’’ is defined inadvertent introduction into the food placed in the docket and, except for in 44 U.S.C. 3502(3) and 5 CFR supply of material from that plant those submitted as ‘‘Confidential 1320.3(c) and includes Agency requests variety. Submissions,’’ publicly viewable at or requirements that members of the We believe that any food safety https://www.regulations.gov or at the public submit reports, keep records, or concern related to such material Dockets Management Staff between 9 provide information to a third party. entering the food supply would be a.m. and 4 p.m., Monday through Section 3506(c)(2)(A) of the PRA (44 limited to the potential that a new Friday. U.S.C. 3506(c)(2)(A)) requires Federal protein in food from the plant variety • Confidential Submissions—To Agencies to provide a 60-day notice in could cause an allergic reaction in submit a comment with confidential the Federal Register concerning each susceptible individuals or could be a information that you do not wish to be proposed collection of information, toxin in people or animals. The made publicly available, submit your including each proposed extension of an guidance describes the procedures for comments only as a written/paper existing collection of information, early food safety evaluation of new submission. You should submit two before submitting the collection to OMB proteins produced by new plant copies total. One copy will include the for approval. To comply with this varieties, including bioengineered food information you claim to be confidential requirement, FDA is publishing notice plants, and the procedures for

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communicating with us about the safety UCM350010.pdf) and may be used in ElectronicSubmissionsGateway/ evaluation. lieu of a cover letter for a New Protein default.htm), paper format, or as Interested persons may use Form FDA Consultation (NPC). Form FDA 3666 electronic files on physical media with 3666 to transmit their submissions to prompts a submitter to include certain a paper signature page. FDA uses this the Office of Food Additive Safety in the elements of a NPC in a standard format information to evaluate the food safety Center for Food Safety and Applied and helps the respondent organize their of a specific new protein produced by Nutrition. Form FDA 3666 is entitled submission to focus on the information a new plant variety. ‘‘Early Food Safety Evaluation of a New needed for our safety review. The form, Description of Respondents: The Non-Pesticidal Protein Produced by a and elements that would be prepared as respondents to this collection of New Plant Variety (New Protein attachments to the form, may be information are developers of new plant Consultation)’’ (https://www.fda.gov/ submitted in electronic format via the varieties intended for food use. downloads/AboutFDA/ Electronic Submission Gateway (https:// FDA estimates the burden of this ReportsManualsForms/Forms/ www.fda.gov/ForIndustry/ collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Category FDA Form No. Number of responses per Total annual burden per Total hours respondents respondent responses response

First four data components ...... 3666 6 1 6 4 24 Two other data components ...... 3666 6 1 6 16 96

Total ...... 120 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on a review of the information publicly available databases. The other notice announces that the Advisory collection since our last request for data component involves ‘‘wet’’ lab Commission on Childhood Vaccines OMB approval, we have made no work to assess the new protein’s (ACCV) will hold a public meeting. This adjustments to our burden estimate. The stability and the resistance of the meeting will be open to the public. estimated number of annual responses protein to enzymatic degradation using DATES: Friday, June 15, 2018, from 10:00 and average burden per response are appropriate in vitro assays (protein a.m. to 2:00 p.m. ET. based on our experience with early food digestibility study). The paperwork ADDRESSES: The meeting is a safety evaluations. Completing an early burden of these two data components teleconference and webinar. The food safety evaluation for a new protein consists of the time it takes the company conference call-in number is 1–800– from a new plant variety is a one-time to assemble the information on these 988–0218; passcode: 9302948. The burden (one evaluation per new two data components and include it in webinar link is https:// protein). Many developers of novel a NPC. We estimate that completing hrsa.connectsolutions.com/accv/. plants may choose not to submit an these data components will take about Participants should call and connect 15 evaluation because the field testing of a 16 hours per NPC. We estimate the minutes prior to the meeting in order for plant containing a new protein is reporting burden for the two other data logistics to be set up. If you have never conducted in such a way (e.g., on such components to be 96 hours (16 hours × attended an Adobe Connect meeting, a small scale, or in such isolated 6 responses). Thus, we estimate the total please test your connection using the conditions, etc.) that cross-pollination annual burden for this collection of following URL: https:// with traditional crops or commingling information to be 120 hours. hrsa.connectsolutions.com/common/ _ of plant material is not likely to be an Dated: May 9, 2018. help/en/support/meeting test.htm and issue. Also, other developers may have Leslie Kux, get a quick overview by following URL: previously communicated with us about _ Associate Commissioner for Policy. http://www.adobe.com/go/connectpro the food safety of a new plant protein, overview. for example, when the same protein was [FR Doc. 2018–11281 Filed 5–24–18; 8:45 am] BILLING CODE 4164–01–P FOR FURTHER INFORMATION CONTACT: expressed in a different crop. Annie Herzog, Principal Staff Liaison, We estimate the annual number of Division of Injury Compensation NPCs submitted by developers will be DEPARTMENT OF HEALTH AND Programs (DICP), Healthcare Systems six or fewer. The early food safety HUMAN SERVICES Bureau (HSB), HRSA, 5600 Fishers evaluation for new proteins includes six Lane, Room 08N146B, Rockville, main data components. Four of these Health Resources and Service Maryland 20857; phone: (301) 443– data components are easily and quickly Administration 6593; or email: [email protected]. obtainable, having to do with the SUPPLEMENTARY INFORMATION: identity and source of the protein. We Advisory Commission on Childhood Background: The ACCV advises the estimate that completing these data Vaccines Secretary on the implementation of the components will take about 4 hours per AGENCY: Health Resources and Service Vaccine Injury Compensation Program NPC. We estimate the reporting burden Administration (HRSA), Department of (VICP). Other activities of the ACCV for the first four data components to be Health and Human Services (HHS). include: Recommending changes to the 24 hours (4 hours × 6 responses). ACTION: Notice of Advisory Committee Vaccine Injury table, at its own Two data components ask for original meeting. initiative or as the result of the filing of data to be generated. One data a petition; advising the Secretary on component consists of a bioinformatics SUMMARY: In accordance with the implementing section 2127 of the Public analysis that can be performed using Federal Advisory Committee Act, this Health Service Act (PHS Act) regarding

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the need for childhood vaccination DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND products that result in fewer or no HUMAN SERVICES HUMAN SERVICES significant adverse reactions; surveying federal, state, and local programs and National Institutes of Health National Institutes of Health activities related to gathering Prospective Grant of Exclusive information on injuries associated with Clinical Center; Notice of Closed Meeting License: Production of Monovalent the administration of childhood Live Attenuated Zika Vaccines and vaccines, including the adverse reaction Pursuant to section 10(d) of the Multivalent Live Attenuated Flavivirus reporting requirements of section 2125 Federal Advisory Committee Act, as Vaccines (b) of the PHS Act; advising the amended, notice is hereby given of a Secretary on the methods of obtaining, AGENCY: National Institute of Allergy meeting of the Board of Scientific compiling, publishing, and using and Infectious Diseases, National Counselors of the NIH Clinical Center. credible data related to the frequency Institutes of Health, Public Health and severity of adverse reactions The meeting will be closed to the Service, DHHS. associated with childhood vaccines; public as indicated below in accordance ACTION: Notice. consulting on the development or with the provisions set forth in section revision of Vaccine Information 552b(c)(6), Title 5 U.S.C., as amended SUMMARY: The National Institute of Statements; and recommending to the for the review, discussion, and Allergy and Infectious Diseases, an Director of the National Vaccine evaluation of individual intramural institute of the National Institutes of Program research related to vaccine programs and projects conducted by the Health, Department of Health and Human Services, is contemplating the injuries which should be conducted to CLINICAL CENTER, including grant of an Exclusive Commercialization carry out the VICP. consideration of personnel qualifications and performance, and the Patent License to practice the inventions Agenda: During the June 15, 2018, competence of individual investigators, embodied in the Patents and Patent meeting, agenda items may include the disclosure of which would Applications listed in the Summary updates from DICP, Department of Information section of this notice to to constitute a clearly unwarranted Justice (DOJ), National Vaccine Program Fundacao Butantan, having a place of invasion of personal privacy. Office (NVPO), Immunization Safety business in Sao Paulo, Brazil. Office (Centers for Disease Control and Name of Committee: Board of Scientific DATES: Only written comments and/or Prevention), National Institute of Counselors of the NIH Clinical Center Board application for a license which are Allergy and Infectious Diseases meeting. received by the NIAID Technology (National Institutes of Health) and Date: June 15, 2018. Transfer and Intellectual Property Office Center for Biologics, Evaluation and Time: 8:00 a.m. to 4:00 p.m. on or before June 25, 2018 will be Research (Food and Drug Agenda: To review and evaluate reports considered. and responses to the following Clinic Administration). Information about the Center’s Departments: Rehabilitation ADDRESSES: Requests for a copy of the ACCV, a roster of members, the meeting Medicine, Bioethics, Critical Care Medicine, patent application, inquiries, comments agenda, as well as past meeting Imaging Sciences, Transfusion Medicine, and other materials relating to the summaries, is located on the ACCV Laboratory Medicine, Nursing, and contemplated Exclusive website: http://www.hrsa.gov/ Pediatrics. Commercialization Patent License advisorycommittees/childhoodvaccines/ Place: National Institutes of Health, should be directed to: Peter Soukas, index.html. Agenda items are subject to Building 10, 10 Center Drive, Bethesda, MD Technology Transfer and Patent change as priorities dictate. 20892. Specialist, Technology Transfer and Public Participation: Members of the Contact Person: John I. Gallin, M.D., Intellectual Property Office, National public will have the opportunity to Associate Director for Clinical Research, Institute of Allergy and Infectious provide comments. Oral comments will Office of Director, NIH Clinical Center, 1 Diseases, National Institutes of Health, be honored in the order they are Center Drive, Room 201, Bethesda, MD 5601 Fishers Lane, Suite 6D, Rockville, 20892, 301–827–5428. requested and may be limited as time MD 20852–9804; Email: ps193c@ allows. Requests to make oral comments Any interested person may file written nih.gov; Telephone: (301) 496–2644; or provide written comments to the comments with the committee by forwarding Facsimile: (240) 627–3117. the statement to the Contact Person listed on ACCV should be sent to Annie Herzog SUPPLEMENTARY INFORMATION: this notice. The statement should include the by June 5, 2018. Individuals who plan name, address, telephone number and when Intellectual Property to participate and need special applicable, the business or professional assistance, such as sign language U.S. Provisional Patent Application affiliation of the interested person. Number 62/307,170, filed March 11, interpretation or other reasonable 2016 and entitled ‘‘Live Attenuated Zika accommodations, should notify Annie Dated: May 18, 2018. Michelle D. Trout, Virus Vaccines,’’ Whitehead et al., and Herzog, using the address and phone PCT Patent Application Number PCT/ Program Analyst, Office of Federal Advisory number above at least 10 days prior to US2017/0021989, filed March 11, 2017 Committee Policy. the meeting. and entitled ‘‘Live Attenuated Zika [FR Doc. 2018–11212 Filed 5–24–18; 8:45 am] Amy P. McNulty, Virus Vaccines,’’ Whitehead et al. [HHS BILLING CODE 4140–01–P Acting Director, Division of the Executive Reference E–118–2016/0]; and U.S. and Secretariat. foreign patent applications claiming priority to the aforementioned [FR Doc. 2018–11298 Filed 5–24–18; 8:45 am] applications. BILLING CODE 4165–15–P The patent rights in these inventions have been assigned to the government of the United States of America.

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The field of use may be limited to exclusive license may be granted unless Institute on Drug Abuse, National Institutes monovalent live attenuated Zika within thirty (30) days from the date of of Health, DHHS, 6001 Executive Boulevard, vaccines and multivalent live attenuated this published notice, the National Room 4238, MSC 9550, Bethesda, MD 20892, flavivirus vaccines. The Licensed Institute of Allergy and Infectious 301–827–5820, [email protected]. Territory may be limited to the United Diseases receives written evidence and Name of Committee: National Institute on States of America, Canada, Mexico, argument that establishes that the grant Drug Abuse Special Emphasis Panel; NIH Pathway to Independence Award (K99/R00). Brazil and Argentina. of the license would not be consistent Date: June 25, 2018. Zika virus (ZIKV) is an emerging with the requirements of 35 U.S.C. 209 Time: 12:00 p.m. to 5:00 p.m. infectious disease that was first and 37 CFR part 404. Agenda: To review and evaluate grant identified in 1947, and that has more Complete applications for a license in applications. recently become a major public health the prospective field of use that are filed Place: National Institutes of Health, threat around the world. ZIKV has in response to this notice will be treated Neuroscience Center, 6001 Executive recently been shown to cause as objections to the grant of the Boulevard, Rockville, MD 20852 (Telephone devastating neurological damage in contemplated Exclusive Conference Call). infants and serious complications in Commercialization Patent License Contact Person: Susan O. McGuire, Ph.D., adults in some cases, and may have Scientific Review Officer, Office of Agreement. Comments and objections Extramural Policy and Review, National other effects that have not yet been submitted to this notice will not be Institute on Drug Abuse, National Institutes identified or definitively linked to the made available for public inspection of Health, DHHS, 6001 Executive Blvd., virus. There are no treatments or and, to the extent permitted by law, will Room 4245, Rockville, MD 20852, (301) 827– vaccines for this insidious virus. While not be released under the Freedom of 5817, [email protected]. important, current measures for Information Act, 5 U.S.C. 552. (Catalogue of Federal Domestic Assistance mosquito control are insufficient in Dated: May 14, 2018. Program Nos.: 93.279, Drug Abuse and most settings to prevent the spread of Addiction Research Programs, National the virus. Recommendations that Suzanne M. Frisbie, Institutes of Health, HHS) women who live in or travel to endemic Deputy Director, Technology Transfer and Intellectual Property Office, National Institute Dated: May 21, 2018. areas avoid pregnancy for long periods Natasha M. Copeland, of time are unrealistic, particularly in of Allergy and Infectious Diseases. [FR Doc. 2018–11257 Filed 5–24–18; 8:45 am] Program Analyst, Office of Federal Advisory contexts where access to reproductive Committee Policy. services is limited, and threaten to leave BILLING CODE 4140–01–P [FR Doc. 2018–11220 Filed 5–24–18; 8:45 am] those most likely to suffer the devastating consequences of Zika BILLING CODE 4140–01–P without effective protection. There is DEPARTMENT OF HEALTH AND HUMAN SERVICES therefore urgent need to develop DEPARTMENT OF HEALTH AND biomedical interventions in parallel National Institutes of Health HUMAN SERVICES with ongoing public health efforts against ZIKV. National Institute on Drug Abuse; National Institutes of Health No vaccine exists today to prevent Notice of Closed Meetings ZIKV infections. The methods and National Institute on Drug Abuse; compositions of this invention provide Pursuant to section 10(d) of the Notice of Closed Meetings a means for prevention of ZIKV Federal Advisory Committee Act, as infection by immunization with live amended, notice is hereby given of the Pursuant to section 10(d) of the attenuated, immunogenic viral vaccines following meetings. Federal Advisory Committee Act, as against ZIKV and/or Dengue virus. The meetings will be closed to the amended, notice is hereby given of the Many entities, governmental, public in accordance with the following meetings. academic, and commercial, are actively provisions set forth in sections The meetings will be closed to the pursuing development of ZIKV vaccines 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the each using a different approach to as amended. The grant applications and provisions set forth in sections address this public health need. The the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., U.S. Government is coordinating its confidential trade secrets or commercial as amended. The contract proposals and vaccine development response to ZIKV property such as patentable material, the discussions could disclose and has published this plan at https:// and personal information concerning confidential trade secrets or commercial www.phe.gov/Preparedness/planning/ individuals associated with the grant property such as patentable material, Pages/zika-white-paper.aspx. applications, the disclosure of which and personal information concerning Vaccine development approaches for would constitute a clearly unwarranted individuals associated with the contract ZIKV include but are not limited to invasion of personal privacy. proposals, the disclosure of which would constitute a clearly unwarranted inactivated virus (dead virus), live Name of Committee: National Institute on attenuated virus (weakened virus), Drug Abuse Special Emphasis Panel; invasion of personal privacy. recombinant viral vectors (weakened Summer Research Education Experience Name of Committee: National Institute on virus with target genes added), and Programs (R25). Drug Abuse Special Emphasis Panel; SBIR subunit (portion of a virus) as well as Date: June 21, 2018. Phase II ‘‘Analytical Tools for Scholarly mRNA- and DNA-based (gene-targeted). Time: 12:00 p.m. to 1:30 p.m. Research Assessment and Decision in the These various strategies provide Agenda: To review and evaluate grant Biomedical Enterprise’’ (1214, 1217). multiple redundancies, expanded applications. Date: May 31, 2018. Place: National Institutes of Health, Time: 11:00 a.m. to 1:00 p.m. choice, and ensure short and long term Neuroscience Center, 6001 Executive Agenda: To review and evaluate contract maximal benefits to the public. Boulevard, Rockville, MD 20852 (Telephone proposals. This notice is made in accordance Conference Call). Place: National Institutes of Health, with 35 U.S.C. 209 and 37 CFR part 404. Contact Person: Hiromi Ono, Ph.D., Neuroscience Center, 6001 Executive The prospective exclusive license will Scientific Review Officer, Office of Boulevard, Rockville, MD 20852 (Telephone be royalty bearing, and the prospective Extramural Policy and Review, National Conference Call).

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Contact Person: Julia Berzhanskaya, Ph.D., (Medigen), having a place of business in consequences of Zika without effective Scientific Review Officer, Office of Zhubei, Taiwan. protection. There is therefore urgent Extramural Policy and Review, Division of DATES: Only written comments and/or need to develop biomedical Extramural Research, National Institute on interventions in parallel with ongoing Drug Abuse, NIH, DHHS, 6001 Executive application for a license which are Boulevard, Room 4234, MSC 9550, Bethesda, received by the NIAID Technology public health efforts against ZIKV. MD 20892, 301–827–5840, Transfer and Intellectual Property Office No vaccine exists today to prevent [email protected]. on or before June 25, 2018 will be ZIKV infections. The methods and This notice is being published less than 15 considered. compositions of this invention provide days prior to the meeting due to the timing ADDRESSES: Requests for a copy of the a means for prevention of ZIKV limitations imposed by the review and patent application, inquiries, comments infection by immunization with live funding cycle. and other materials relating to the attenuated, immunogenic viral vaccines Name of Committee: National Institute on contemplated Exclusive against ZIKV and/or Dengue virus. Drug Abuse Special Emphasis Panel; SBIR Phase II ‘‘Virtual Reality Tools for Treatment Commercialization Patent License Many entities, governmental, of Substance Use Disorders’’ (5583). should be directed to: Peter Soukas, academic, and commercial, are actively Date: June 4, 2018. Technology Transfer and Patent pursuing development of ZIKV vaccines Time: 10:00 a.m. to 11:30 a.m. Specialist, Technology Transfer and each using a different approach to Agenda: To review and evaluate contract Intellectual Property Office, National address this public health need. The proposals. Institute of Allergy and Infectious U.S. Government is coordinating its Place: National Institutes of Health, Diseases, National Institutes of Health, vaccine development response to ZIKV Neuroscience Center, 6001 Executive 5601 Fishers Lane, Suite 6D, Rockville, and has published this plan at https:// Boulevard, Rockville, MD 20852 (Telephone MD 20852–9804; Email: ps193c@ Conference Call). www.phe.gov/Preparedness/planning/ Contact Person: Julia Berzhanskaya, Ph.D., nih.gov; Telephone: (301) 496–2644; Pages/zika-white-paper.aspx. Facsimile: (240) 627–3117. Scientific Review Officer, Office of Vaccine development approaches for Extramural Policy and Review, Division of SUPPLEMENTARY INFORMATION: ZIKV include but are not limited to Extramural Research, National Institute on Drug Abuse, NIH, DHHS, 6001 Executive Intellectual Property inactivated virus (dead virus), live attenuated virus (weakened virus), Boulevard, Room 4234, MSC 9550, Bethesda, U.S. Provisional Patent Application recombinant viral vectors (weakened MD 20892, 301–827–5840, Number 62/307,170, filed March 11, virus with target genes added), and [email protected]. 2016 and entitled ‘‘Live Attenuated Zika subunit (portion of a virus) as well as (Catalogue of Federal Domestic Assistance Virus Vaccines,’’ Whitehead et al., and mRNA- and DNA-based (gene-targeted). Program No.: 93.279, Drug Abuse and PCT Patent Application Number PCT/ Addiction Research Programs, National These various strategies provide US2017/0021989, filed March 11, 2017 Institutes of Health, HHS) multiple redundancies, expanded and entitled ‘‘Live Attenuated Zika choice, and ensure short and long term Dated: May 21, 2018. Virus Vaccines,’’ Whitehead et al. [HHS maximal benefits to the public. Natasha M. Copeland, Reference E–118–2016/0]; and U.S. and Program Analyst, Office of Federal Advisory foreign patent applications claiming This notice is made in accordance Committee Policy. priority to the aforementioned with 35 U.S.C. 209 and 37 CFR part 404. [FR Doc. 2018–11216 Filed 5–24–18; 8:45 am] applications. The prospective exclusive license will BILLING CODE 4140–01–P The patent rights in these inventions be royalty bearing, and the prospective have been assigned to the government of exclusive license may be granted unless the United States of America. within thirty (30) days from the date of DEPARTMENT OF HEALTH AND The field of use may be limited to this published notice, the National HUMAN SERVICES monovalent live attenuated Zika Institute of Allergy and Infectious vaccines and multivalent live attenuated Diseases receives written evidence and National Institutes of Health flavivirus vaccines. The Licensed argument that establishes that the grant Territory may be limited to Europe, of the license would not be consistent Prospective Grant of Exclusive China, South Korea, Japan, India, with the requirements of 35 U.S.C. 209 License: Production of Monovalent Australia and New Zealand. and 37 CFR part 404. Live Attenuated Zika Vaccines and Zika virus (ZIKV) is an emerging Complete applications for a license in Multivalent Live Attenuated Flavivirus infectious disease that was first Vaccines the prospective field of use that are filed identified in 1947, and that has more in response to this notice will be treated AGENCY: National Institute of Allergy recently become a major public health as objections to the grant of the and Infectious Diseases, National threat around the world. ZIKV has contemplated Exclusive Institutes of Health, Public Health recently been shown to cause Commercialization Patent License Service, DHHS. devastating neurological damage in Agreement. Comments and objections ACTION: Notice. infants and serious complications in submitted to this notice will not be adults in some cases, and may have made available for public inspection SUMMARY: The National Institute of other effects that have not yet been and, to the extent permitted by law, will Allergy and Infectious Diseases, an identified or definitively linked to the not be released under the Freedom of institute of the National Institutes of virus. There are no treatments or Information Act, 5 U.S.C. 552. Health, Department of Health and vaccines for this insidious virus. Human Services, is contemplating the Recommendations that women who live Dated: May 14, 2018. grant of an Exclusive Commercialization in or travel to endemic areas avoid Suzanne M. Frisbie, Patent License to practice the inventions pregnancy for long periods of time are Deputy Director, Technology Transfer and embodied in the Patents and Patent unrealistic, particularly in contexts Intellectual Property Office, National Institute Applications listed in the Summary where access to reproductive services is of Allergy and Infectious Diseases. Information section of this notice to limited, and threaten to leave those [FR Doc. 2018–11258 Filed 5–24–18; 8:45 am] Medigen Vaccines Biologics Corp. most likely to suffer the devastating BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Contact Person: Amir E. Zeituni, Ph.D., can result in reactivation of the EBV and HUMAN SERVICES Scientific Review Officer Scientific Review consequently, EBV-associated Program Division of Extramural Activities lymphoproliferative disease. Currently, National Institutes of Health NIAID/NIH/DHHS, 5601 Fishers Lane, MSC– there is no prophylactic to prevent 9834, Rockville, MD 20852, 301–496–2550, [email protected]. primary EBV infection and additional National Institute of Allergy and therapeutics would be useful to treat (Catalogue of Federal Domestic Assistance Infectious Diseases; Notice of Closed EBV-associated B-cell driven Meetings Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, lymphoproliferative disease. Pursuant to section 10(d) of the Microbiology and Infectious Diseases Scientists at the NIAID are developing Federal Advisory Committee Act, as Research, National Institutes of Health, HHS) neutralizing antibodies, originally isolated from humans or non-human amended, notice is hereby given of the Dated: May 21, 2018. primates, that could be useful in following meetings. Natasha M. Copeland, The meetings will be closed to the preventing primary infection or Program Analyst, Office of Federal Advisory reactivation of EBV in public in accordance with the Committee Policy. provisions set forth in sections immunocompromised individuals. [FR Doc. 2018–11215 Filed 5–24–18; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., These antibodies are 10–100 times more as amended. The grant applications and BILLING CODE 4140–01–P potent than the most potent EBV the discussions could disclose neutralizing antibody identified to date (72A1). The antibodies target epitopes confidential trade secrets or commercial DEPARTMENT OF HEALTH AND on either the gp350 surface glycoprotein property such as patentable material, HUMAN SERVICES and personal information concerning of EBV or the gH/gL heterodimer. In individuals associated with the grant National Institutes of Health vitro experiments have demonstrated applications, the disclosure of which that the antibodies effectively inhibit would constitute a clearly unwarranted Government-Owned Inventions; EBV infection of B cells and epithelial invasion of personal privacy. Availability for Licensing cells as well as cell-to-cell fusion of cells expressing the viral proteins gH/ Name of Committee: National Institute of AGENCY: National Institutes of Health, gL. Allergy and Infectious Diseases Special HHS. Emphasis Panel; Next Generation Potential Commercial Applications Multipurpose Prevention Technologies ACTION: Notice. (NGM) (R61/R33 Clinical Trial Optional). • Treatment of individuals with Date: June 12, 2018. SUMMARY: The invention listed below is compromised immune systems to Time: 10:00 a.m. to 6:00 p.m. owned by an agency of the U.S. prevent EBV-associated Agenda: To review and evaluate grant Government and is available for lymphoproliferative diseases. applications. licensing. • Prevention of primary EBV Place: National Institutes of Health, 5601 FOR FURTHER INFORMATION CONTACT: Dr. Fishers Lane, Rockville, MD 20892 infection in individuals with (Telephone Conference Call). Amy Petrik, 240–627–3721; compromised immune systems to Contact Person: Audrey O. Lau, Ph.D., [email protected]. Licensing prevent EBV-associated MPH, Scientific Review Officer AIDS information and copies of the U.S. lymphoproliferative diseases. REVIEW BRANCH SRP, RM 3E70, National patent application listed below may be Competitive Advantages Institutes of Health, NIAID, 5601 Fishers obtained by communicating with the Lane, MSC 9834, Rockville, MD 20852–9834, indicated licensing contact at the • No EBV therapeutics or 240–669–2081, [email protected]. Technology Transfer and Intellectual prophylactics currently exist. Name of Committee: National Institute of Property Office, National Institute of Development Stage Allergy and Infectious Diseases Special Allergy and Infectious Diseases, 5601 Emphasis Panel; Partnerships for • Fishers Lane, Rockville, MD, 20852; tel. In vitro Countermeasures against Select Pathogens Inventors: Masaru Kanekiyo (NIAID), (R01). 301–496–2644. A signed Confidential Date: June 28–29, 2018. Disclosure Agreement will be required W. Gordon Joyce (WRAIR), Wei Bu Time: 9:00 a.m. to 5:00 p.m. to receive copies of unpublished patent (NIAID), Jeffrey Cohen (NIAID). Agenda: To review and evaluate grant applications. Publications: N/A. Intellectual Property: HHS Reference applications. SUPPLEMENTARY INFORMATION: Number E–001–2017 includes U.S. Place: National Institutes of Health 5601 Technology description follows. Fishers Lane, Rockville, MD 20892 Provisional Patent Application No. 62/ (Telephone Conference Call). Antibodies and Methods for the 490,023 filed April 25, 2017 (Pending); Contact Person: Amir E. Zeituni, Ph.D., Diagnosis and Treatment of Epstein- PCT Application No. PCT/US2018/ Scientific Review Officer, Scientific Review Barr Virus Infection 29463 filed April 25, 2018. Program, Division of Extramural Activities HHS Reference Number E–079–2018 NIAID/NIH/DHHS, 5601 Fishers Lane, MSC– Description of Technology 9834, Rockville, MD 20852, 301–496–2550, includes U.S. Provisional Patent [email protected]. According to the World Health Application No. 62/665,977 filed May 2, Name of Committee: National Institute of Organization, over 90% of the 2018. Allergy and Infectious Diseases Special worldwide population is infected with Related Intellectual Property: HHS Emphasis Panel; Partnerships for Epstein-Barr virus by adulthood. In Reference Number E–001–2017; E–079– Countermeasures against Select Pathogens most cases, the disease accompanying 2018. (R01). initial infection is subclinical though Licensing Contact: Dr. Amy Petrik, Date: July 10–11, 2018. some individuals who are infected as 240–627–3721; [email protected]. Time: 9:00 a.m. to 5:00 p.m. adolescents or adults do experience Collaborative Research Opportunity: Agenda: To review and evaluate grant applications. infectious mononucleosis. However, The National Institute of Allergy and Place: National Institutes of Health 5601 once infected, individuals carry latent Infectious Diseases is seeking statements Fishers Lane, Rockville, MD 20892 EBV for their remaining lifespan. In of capability or interest from parties (Telephone Conference Call). such individuals, immune suppression interested in collaborative research to

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further develop, evaluate or monoclonal antibodies (nMAbs) against Infectious Diseases is seeking statements commercialize Epstein-Barr monoclonal the MERS-CoV. This invention of capability or interest from parties antibody technologies. For collaboration describes antibodies that target the interested in collaborative research to opportunities, please contact Dr. Amy Spike (S) glycoprotein on the further develop, evaluate or Petrik, 240–627–3721; amy.petrik@ coronavirus surface, which mediates commercialize MERS-CoV monoclonal nih.gov. viral entry into host cells. These novel antibodies. For collaboration Dated: May 10, 2018. antibodies target different regions of the opportunities, please contact Amy Petrik, Ph.D., 240–627–3721; Suzanne M. Frisbie S protein, and when administered in combination, reduce the possibility of [email protected]. Deputy Director, Technology Transfer and Intellectual Property Office, National Institute viral escape. In preclinical testing, these Dated: May 14, 2018. of Allergy and Infectious Diseases. nMAbs have demonstrated potent Suzanne M. Frisbie, [FR Doc. 2018–11256 Filed 5–24–18; 8:45 am] protective effects, preventing death, Deputy Director, Technology Transfer and viral replication in the lower airways BILLING CODE 4140–01–P Intellectual Property Office, National Institute and severe disease in challenge studies of Allergy and Infectious Diseases. with mice. In addition, these nMAbs [FR Doc. 2018–11255 Filed 5–24–18; 8:45 am] DEPARTMENT OF HEALTH AND have potential application for use in BILLING CODE 4140–01–P HUMAN SERVICES assays for detecting MERS-CoV S protein in infected patients or animals. National Institutes of Health This technology is available for DEPARTMENT OF HEALTH AND licensing for commercial development HUMAN SERVICES Government-Owned Inventions; in accordance with 35 U.S.C. 209 and 37 Availability for Licensing CFR part 404, as well as for further National Institutes of Health development and evaluation under a AGENCY: National Institutes of Health, research collaboration. National Eye Institute; Amended Notice HHS. of Meeting ACTION: Notice. Potential Commercial Applications Notice is hereby given of a change in Monoclonal antibodies developed SUMMARY: The invention listed below is the meeting of the National Advisory against multiple regions of the Eye Council, June 14, 2018, 08:30 a.m. owned by an agency of the U.S. coronavirus spike protein have potential Government and is available for to June 14, 2018, 05:00 p.m., NIH, application in the prevention and National Eye Institute, 5635 Fishers licensing to achieve expeditious treatment of MERS-CoV. There is also commercialization of results of Lane, Terrace Level Conference Rooms, potential application for their use as a Rockville, MD 20852 which was federally-funded research and diagnostic tool of infection. development. Foreign patent published in the Federal Register on applications are filed on selected Competitive Advantages May 04, 2018, 83 FR 19791. This meeting is being amended to inventions to extend market coverage • In vitro models, the combinations of for companies and may also be available change the Open and Close times. The antibodies have been demonstrated to Closed portion is now from 8:30 a.m. to for licensing. be effective in reducing viral escape. • 10:30 a.m. The Open portion is now FOR FURTHER INFORMATION CONTACT: In vivo data in animal models from 10:45 a.m. to 3:00 p.m. The Amy Petrik, Ph.D., 240–627–3721; demonstrated a potent ability to control meeting is partially Closed to the public. [email protected]. Licensing infection. information and copies of the U.S. • Applicable in diagnostic assays. Dated: May 21, 2018. Natasha M. Copeland, patent applications listed below may be Development Stage obtained by communicating with the Program Analyst, Office of Federal Advisory indicated licensing contact at the • In vivo data available (animal) Committee Policy. Technology Transfer and Intellectual Inventors: Barney Graham (NIAID), [FR Doc. 2018–11211 Filed 5–24–18; 8:45 am] Property Office, National Institute of Wing-Pui Kong (NIAID), Kayvon BILLING CODE 4140–01–P Allergy and Infectious Diseases, 5601 Modjarrad (NIAID), Lingshu Wang Fishers Lane, Rockville, MD 20852; tel. (NIAID), Wei Shi (NIAID), Michael 301–496–2644. A signed Confidential Gordon Joyce (NIAID), Masaru Kanekiyo DEPARTMENT OF HEALTH AND Disclosure Agreement will be required (NIAID), John Mascola (NIAID). HUMAN SERVICES Intellectual Property: HHS Reference to receive copies of unpublished patent National Institutes of Health applications. No. E–239–2014, U.S. Provisional Patent Application Number 62/120,353 filed SUPPLEMENTARY INFORMATION: National Institute of Allergy and February 25, 2015, PCT Patent Technology description follows. Infectious Diseases; Notice of Closed Application PCT/US2016/019395 filed Meetings Middle East Respiratory Syndrome February 24, 2016, Europe Patent Coronavirus Antibodies Application Number 16711059.2 filed Pursuant to section 10(d) of the February 24, 2016, South Korea Patent Federal Advisory Committee Act, as Description of Technology Application Number 10–2017–7027105 amended, notice is hereby given of the Middle East Respiratory Syndrome filed September 25, 2017, Saudi Arabia following meetings. coronavirus (MERS-CoV) causes a Patent Application Number 5173382168 The meetings will be closed to the highly lethal pulmonary infection with filed August 21, 2017, and U.S. Patent public in accordance with the ∼35% mortality. Currently there are no Application Number 15/553,466 filed provisions set forth in sections prophylactic measures or effective August 24, 2017. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., therapies. Inventors at the Vaccine Licensing Contact: Amy Petrik Ph.D., as amended. The grant applications and Research Center of the National Institute 240–627–3721; [email protected]. the discussions could disclose of Allergy and Infectious Diseases have Collaborative Research Opportunity: confidential trade secrets or commercial identified and developed neutralizing The National Institute of Allergy and property such as patentable material,

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and personal information concerning SUMMARY: Notice is hereby given, DEPARTMENT OF HOMELAND individuals associated with the grant pursuant to CBP regulations, that Omni SECURITY applications, the disclosure of which Hydrocarbon Measurement, Inc. has would constitute a clearly unwarranted been approved to gauge petroleum and U.S. Customs and Border Protection invasion of personal privacy. certain petroleum products for customs Accreditation and Approval of Name of Committee: National Institute of purposes for the next three years as of Inspectorate America Corporation Allergy and Infectious Diseases Special July 6, 2017. Emphasis Panel; NIAID Investigator Initiated (Houston, TX), as a Commercial Program Project Applications (P01). Applicable Dates: The approval of Gauger and Laboratory Date: June 15, 2018. Omni Hydrocarbon Measurement, Inc., AGENCY: U.S. Customs and Border Time: 1:30 p.m. to 5:30 p.m. as commercial gauger became effective Protection, Department of Homeland Agenda: To review and evaluate grant on July 6, 2017. The next triennial Security. applications. inspection date will be scheduled for ACTION: Place: National Institutes of Health, 5601 July 2020. Notice of accreditation and Fishers Lane, Rockville, MD 20892 approval of Inspectorate America (Telephone Conference Call). FOR FURTHER INFORMATION CONTACT: Corporation (Houston, TX), as a Contact Person: Priti Mehrotra, Ph.D., Melanie Glass, Laboratories and commercial gauger and laboratory. Chief, Immunology Review Branch Scientific Scientific Services, U.S. Customs and Review Program, Division of Extramural SUMMARY: Border Protection, 1331 Pennsylvania Notice is hereby given, Activities, Room #3G40, National Institutes pursuant to CBP regulations, that Avenue NW, Suite 1500N, Washington, of Health/NIAID, 5601 Fishers Lane, MSC Inspectorate America Corporation 9823, Bethesda, MD 20892–7616, 240–669– DC 20229, tel. 202–344–1060. 5066, [email protected]. (Houston, TX), has been approved to Name of Committee: National Institute of SUPPLEMENTARY INFORMATION: Notice is gauge petroleum and certain petroleum Allergy and Infectious Diseases Special hereby given pursuant to 19 CFR 151.13, products and accredited to test Emphasis Panel; NIAID Clinical Trial that Omni Hydrocarbon Measurement, petroleum and certain petroleum Planning Grant (R34); NIAID Clinical Trial Inc., 914 Kennings Avenue, Crosby, TX products for customs purposes for the Implementation Grant (R01); NIAID Clinical 77532, has been approved to gauge next three years as of July 11, 2017. Trial Implementation Cooperative Agreement petroleum and certain petroleum DATES: Inspectorate America (U01). Corporation (Houston, TX) was Date: June 18–19, 2018. products for customs purposes, in Time: 10:00 a.m. to 2:00 p.m. accordance with the provisions of 19 accredited and approved, as a Agenda: To review and evaluate grant CFR 151.13. Omni Hydrocarbon commercial gauger and laboratory as of applications. Measurement, Inc. is approved for the July 11, 2017. The next triennial Place: National Institutes of Health, 5601 following gauging procedures for inspection date will be scheduled for Fishers Lane, Rockville, MD 20892 petroleum and certain petroleum July 2020. (Telephone Conference Call). products per the American Petroleum FOR FURTHER INFORMATION CONTACT: Dr. Contact Person: Maryam Feili-Hariri, Justin Shey, Laboratories and Scientific Ph.D., Scientific Review Officer Scientific Institute (API) Measurement Standards: Review Program Division of Extramural Services Directorate, U.S. Customs and Activities, National Institutes of Health/ API chapters Title Border Protection, 1300 Pennsylvania NIAID, 5601 Fishers Lane, Rockville, MD Avenue NW, Suite 1500N, Washington, 20852, 240–669–5026, haririmf@ 8 ...... Sampling. DC 20229, tel. 202–344–1060. niaid.nih.gov. SUPPLEMENTARY INFORMATION: Notice is (Catalogue of Federal Domestic Assistance Anyone wishing to employ this entity hereby given pursuant to 19 CFR 151.12 Program Nos. 93.855, Allergy, Immunology, and 19 CFR 151.13, that Inspectorate and Transplantation Research; 93.856, to conduct gauger services should request and receive written assurances America Corporation, 16025–C Microbiology and Infectious Diseases Jacintoport Blvd., Houston, TX 77015 Research, National Institutes of Health, HHS) from the entity that it is approved by the U.S. Customs and Border Protection to has been approved to gauge petroleum Dated: May 21, 2018. and certain petroleum products and conduct the specific test or gauger Natasha M. Copeland, accredited to test petroleum and certain service requested. Alternatively, Program Analyst, Office of Federal Advisory petroleum products for customs inquiries regarding the specific test or Committee Policy. purposes, in accordance with the gauger service this entity is approved to [FR Doc. 2018–11213 Filed 5–24–18; 8:45 am] provisions of 19 CFR 151.12 and 19 CFR perform may be directed to the U.S. BILLING CODE 4140–01–P 151.13. Inspectorate America Customs and Border Protection by Corporation is approved for the calling (202) 344–1060. The inquiry may following gauging procedures for DEPARTMENT OF HOMELAND also be sent to [email protected]. petroleum and certain petroleum SECURITY Please reference the website listed products from the American Petroleum below for a complete listing of CBP Institute (API): U.S. Customs and Border Protection approved gaugers and accredited laboratories. http://www.cbp.gov/sites/ API Title Approval of Omni Hydrocarbon default/files/documents/gaulist_3.pdf. chapters Measurement, Inc. (Crosby, TX), as a Commercial Gauger Dated: May 1, 2018. 3 ...... Tank Gauging. Dave Fluty, 7 ...... Temperature Determination. AGENCY: U.S. Customs and Border 8 ...... Sampling. Executive Director, Laboratories and 12 ...... Calculations. Protection, Department of Homeland Scientific Services, Operations Support. Security. 17 ...... Marine Measurement. [FR Doc. 2018–11312 Filed 5–24–18; 8:45 am] ACTION: Notice of approval of Omni BILLING CODE 9111–14–P Inspectorate America Corporation is Hydrocarbon Measurement, Inc., as a accredited for the following laboratory commercial gauger. analysis procedures and methods for

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petroleum and certain petroleum Methods (CBPL) and American Society products set forth by the U.S. Customs for Testing and Materials (ASTM): and Border Protection Laboratory

CBPL No. ASTM Title

27–01 ...... D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hy- drometer Method). 27–03 ...... D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27–04 ...... D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Dis- tillation. 27–06 ...... D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27–11 ...... D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Cal- culation of Dynamic Viscosity). 27–13 ...... D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Disper- sive X-ray Fluorescence Spectrometry. 27–48 ...... D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27–50 ...... D 93 Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester. 27–54 ...... D 1796 Standard Test Method for Water and Sediment in Fuel Oils by the Centrifuge Method (Lab- oratory Procedure).

Anyone wishing to employ this entity following information collection request collection was previously published in to conduct laboratory analyses and to the Office of Management and Budget the Federal Register (82 FR 55849) on gauger services should request and (OMB) for review and approval in November 24, 2018, allowing for a 60- receive written assurances from the accordance with the Paperwork day comment period. This notice allows entity that it is accredited or approved Reduction Act of 1995 (PRA). The for an additional 30 days for public by the U.S. Customs and Border information collection is published in comments. This process is conducted in Protection to conduct the specific test or the Federal Register to obtain comments accordance with 5 CFR 1320.8. Written gauger service requested. Alternatively, from the public and affected agencies. comments and suggestions from the inquiries regarding the specific test or DATES: Comments are encouraged and public and affected agencies should gauger service this entity is accredited will be accepted (no later than June 25, address one or more of the following or approved to perform may be directed 2018) to be assured of consideration. four points: (1) Whether the proposed to the U.S. Customs and Border ADDRESSES: Interested persons are collection of information is necessary Protection by calling (202) 344–1060. invited to submit written comments on for the proper performance of the The inquiry may also be sent to this proposed information collection to functions of the agency, including [email protected]. Please the Office of Information and Regulatory whether the information will have reference the website listed below for a Affairs, Office of Management and practical utility; (2) the accuracy of the complete listing of CBP approved Budget. Comments should be addressed agency’s estimate of the burden of the gaugers and accredited laboratories. to the OMB Desk Officer for Customs proposed collection of information, http://www.cbp.gov/about/labs- and Border Protection, Department of including the validity of the scientific/commercial-gaugers-and- Homeland Security, and sent via methodology and assumptions used; (3) laboratories. electronic mail to dhsdeskofficer@ suggestions to enhance the quality, Dated: May 18, 2018. omb.eop.gov. utility, and clarity of the information to be collected; and (4) suggestions to Dave Fluty, FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of Executive Director, Laboratories and Requests for additional PRA information information on those who are to Scientific Services Directorate. should be directed to the CBP respond, including through the use of [FR Doc. 2018–11314 Filed 5–24–18; 8:45 am] Paperwork Reduction Act Officer, U.S. appropriate automated, electronic, BILLING CODE 9111–14–P Customs and Border Protection, Office mechanical, or other technological of Trade, Regulations and Rulings, collection techniques or other forms of Economic Impact Analysis Branch, 90 K information technology, e.g., permitting DEPARTMENT OF HOMELAND Street NE, 10th Floor, Washington, DC electronic submission of responses. The SECURITY 20229–1177, or via email CBP_PRA@ comments that are submitted will be cbp.dhs.gov. Please note that the contact summarized and included in the request U.S. Customs and Border Protection information provided here is solely for for approval. All comments will become [1651–0055] questions regarding this notice. a matter of public record. Individuals seeking information about Agency Information Collection other CBP programs should contact the Overview of This Information Activities: Harbor Maintenance Fee CBP National Customer Service Center Collection AGENCY: U.S. Customs and Border at 877–227–5511, (TTY) 1–800–877– 8339, or CBP website at https:// Title: Harbor Maintenance Fee. Protection (CBP), Department of OMB Number: 1651–0055. Homeland Security. www.cbp.gov/. SUPPLEMENTARY INFORMATION: Form Number: CBP Forms 349 and ACTION: 30-Day notice and request for CBP 350. comments; extension of an existing invites the general public and other collection of information. Federal agencies to comment on the Current Actions: CBP proposes to proposed and/or continuing information extend the expiration date of this SUMMARY: The Department of Homeland collections pursuant to the Paperwork information collection with no change Security, U.S. Customs and Border Reduction Act of 1995 (44 U.S.C. 3501 to the burden hours or to Forms 349 and Protection will be submitting the et seq.). This proposed information 350.

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Type of Review: Extension (without Estimated Time per Response: 10 programs should contact the CBP change). minutes. National Customer Service Center at Abstract: The Harbor Maintenance Estimated Total Annual Burden 877–227–5511, (TTY) 1–800–877–8339, Fee (HMF) and Trust Fund is used for Hours: 96. or CBP website at https://www.cbp. the operation and maintenance of Dated: May 22, 2018. gov/. certain U.S. channels and harbors by the Seth D. Renkema, SUPPLEMENTARY INFORMATION: CBP Army Corps of Engineers. U.S. Customs Branch Chief, Economic Impact Analysis invites the general public and other and Border Protection (CBP) is required Branch, U.S. Customs and Border Protection. Federal agencies to comment on the to collect the HMF from importers, [FR Doc. 2018–11289 Filed 5–24–18; 8:45 am] proposed and/or continuing information domestic shippers, and passenger vessel collections pursuant to the Paperwork BILLING CODE 9111–14–P operators using federal navigation Reduction Act of 1995 (44 U.S.C. 3501 projects. Commercial cargo loaded on or et seq.). This proposed information unloaded from a commercial vessel is DEPARTMENT OF HOMELAND collection was previously published in subject to a port use fee of 0.125 percent SECURITY the Federal Register (83 FR 824) on of its value if the loading or unloading January 8, 2018, allowing for a 60-day occurs at a port that has been designated U.S. Customs and Border Protection comment period. This notice allows for by the Army Corps of Engineers. The an additional 30 days for public HMF also applies to the total ticket [1651–0007] comments. This process is conducted in value of embarking and disembarking Agency Information Collection accordance with 5 CFR 1320.8. Written passengers and on cargo admissions into Activities: Application for Allowance in comments and suggestions from the a Foreign Trade Zone (FTZ). Duties public and affected agencies should CBP Form 349, Harbor Maintenance address one or more of the following Fee Quarterly Summary Report, and AGENCY: U.S. Customs and Border four points: (1) Whether the proposed CBP Form 350, Harbor Maintenance Fee Protection (CBP), Department of collection of information is necessary Amended Quarterly Summary Report Homeland Security. for the proper performance of the are completed by domestic shippers, ACTION: 30-Day notice and request for functions of the agency, including foreign trade zone applicants, and comments; extension of an existing whether the information will have passenger vessel operators and collection of information. practical utility; (2) the accuracy of the submitted with payment to CBP. agency’s estimate of the burden of the CBP uses the information collected on SUMMARY: The Department of Homeland proposed collection of information, CBP Forms 349 and 350 to verify that Security, U.S. Customs and Border including the validity of the the fee collected is timely and Protection will be submitting the methodology and assumptions used; (3) accurately submitted. These forms are following information collection request suggestions to enhance the quality, authorized by the Water Resources to the Office of Management and Budget utility, and clarity of the information to Development Act of 1986 (26 U.S.C. (OMB) for review and approval in be collected; and (4) suggestions to 4461, et seq.) and provided for by 19 accordance with the Paperwork minimize the burden of the collection of CFR 24.24, which also includes the list Reduction Act of 1995 (PRA). The information on those who are to of designated ports. CBP Forms 349 and information collection is published in respond, including through the use of 350 are accessible at http:// the Federal Register to obtain comments appropriate automated, electronic, www.cbp.gov/newsroom/publications/ from the public and affected agencies. mechanical, or other technological forms or they may be completed and DATES: Comments are encouraged and collection techniques or other forms of filed electronically at www.pay.gov. will be accepted (no later than June 25, information technology, e.g., permitting Affected Public: Businesses. 2018) to be assured of consideration. electronic submission of responses. The ADDRESSES: Interested persons are comments that are submitted will be CBP Form 349 invited to submit written comments on summarized and included in the request Estimated Number of Respondents: this proposed information collection to for approval. All comments will become 560. the Office of Information and Regulatory a matter of public record. Estimated Number of Total Annual Affairs, Office of Management and Responses: 2,240. Overview of This Information Budget. Comments should be addressed Collection Estimated Time per Response: 30 to the OMB Desk Officer for Customs minutes. and Border Protection, Department of Title: Application for Allowance in Estimated Total Annual Burden Homeland Security, and sent via Duties. Hours: 1,120. electronic mail to dhsdeskofficer@ OMB Number: 1651–0007. omb.eop.gov. Form Number: CBP Form 4315. CBP Form 350 Action: CBP proposes to extend the Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: expiration date of this information 15. Requests for additional PRA information collection with no change to the burden Estimated Number of Total Annual should be directed to Seth Renkema, hours or to Form 4315. Responses: 60. Chief, Economic Impact Analysis Type of Review: Extension (without Estimated Time per Response: 30 Branch, U.S. Customs and Border change). minutes. Protection, Office of Trade, Regulations Abstract: CBP Form 4315, Estimated Total Annual Burden and Rulings, 90 K Street NE, 10th Floor, ‘‘Application for Allowance in Duties,’’ Hours: 30. Washington, DC 20229–1177, is submitted to CBP in instances of Telephone number (202) 325–0056 or claims of damaged or defective Recordkeeping via email [email protected]. Please imported merchandise on which an Estimated Number of Respondents: note that the contact information allowance in duty is made in the 575. provided here is solely for questions liquidation of the entry. The Estimated Number of Total Annual regarding this notice. Individuals information on this form is used to Responses: 575. seeking information about other CBP substantiate an importer’s claim for

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such duty allowances. CBP Form 4315 Paperwork Reduction Act Officer, U.S. Type of Review: Extension (without is authorized by 19 U.S.C. 1506 and Customs and Border Protection, Office change). provided for by 19 CFR 158.11, 158.13 of Trade, Regulations and Rulings, Abstract: CBP Form 5129, Crew and 158.23. This form is accessible at: Economic Impact Analysis Branch, 90 K Member’s Declaration, is a declaration http://www.cbp.gov/sites/default/files/ Street NE, 10th Floor, Washington, DC made by crew members listing all goods documents/CBP%20Form%204315_ 20229–1177, or via email CBP_PRA@ acquired abroad which are in his/her 0.pdf. cbp.dhs.gov. Please note that the contact possession at the time of arrival in the Affected Public: Businesses. information provided here is solely for United States. The data collected on Estimated Number of Respondents: questions regarding this notice. CBP Form 5129 is used for compliance 12,000. Individuals seeking information about with currency reporting requirements, Estimated Number of Total Annual other CBP programs should contact the supplemental immigration Responses: 12,000. CBP National Customer Service Center documentation, agricultural quarantine Estimated Time per Response: 8 at 877–227–5511, (TTY) 1–800–877– matters, and the importation of minutes. 8339, or CBP website at https:// merchandise by crew members who Estimated Annual Burden Hours: www.cbp.gov/. complete the individual declaration. 1,600. SUPPLEMENTARY INFORMATION: CBP This form is authorized by 19 U.S.C. Dated: May 22, 2018. invites the general public and other 1431 and provided for by 19 CFR 4.7, Seth D. Renkema, Federal agencies to comment on the 4.81, 122.44, 122.46, 122.83, 122.84 and Branch Chief, Economic Impact Analysis proposed and/or continuing information 148.61–148.67. CBP Form 5129 is Branch U.S. Customs and Border Protection. collections pursuant to the Paperwork accessible at http://www.cbp.gov/sites/ [FR Doc. 2018–11291 Filed 5–24–18; 8:45 am] Reduction Act of 1995 (44 U.S.C. 3501 default/files/documents/CBP%20F BILLING CODE 9111–14–P et seq.). This proposed information orm%205129.pdf. collection was previously published in Affected Public: Businesses. Estimated Number of Respondents: the Federal Register (83 FR 827) on 6,000,000. DEPARTMENT OF HOMELAND January 8, 2018, allowing for a 60-day Estimated Number of Total Annual SECURITY comment period. This notice allows for Responses: 6,000,000. an additional 30 days for public U.S. Customs and Border Protection Estimated Time per Response: 10 comments. This process is conducted in minutes. [1651–0021] accordance with 5 CFR 1320.8. Written Estimated Total Annual Burden comments and suggestions from the Hours: 996,000. Agency Information Collection public and affected agencies should Activities: Crew Member’s Declaration address one or more of the following Dated: May 22, 2018. four points: (1) Whether the proposed Seth D. Renkema, AGENCY: U.S. Customs and Border collection of information is necessary Branch Chief, Economic Impact Analysis Protection (CBP), Department of for the proper performance of the Branch, U.S. Customs and Border Protection. Homeland Security. functions of the agency, including [FR Doc. 2018–11290 Filed 5–24–18; 8:45 am] ACTION: 30-Day notice and request for whether the information will have BILLING CODE 9111–14–P comments; extension of an existing practical utility; (2) the accuracy of the collection of information. agency’s estimate of the burden of the proposed collection of information, DEPARTMENT OF HOMELAND SUMMARY: The Department of Homeland SECURITY Security, U.S. Customs and Border including the validity of the Protection will be submitting the methodology and assumptions used; (3) U.S. Customs and Border Protection following information collection request suggestions to enhance the quality, to the Office of Management and Budget utility, and clarity of the information to [1651–0138] (OMB) for review and approval in be collected; and (4) suggestions to minimize the burden of the collection of Agency Information Collection accordance with the Paperwork Activities: Biometric Identity Reduction Act of 1995 (PRA). The information on those who are to information collection is published in respond, including through the use of AGENCY: U.S. Customs and Border the Federal Register to obtain comments appropriate automated, electronic, Protection (CBP), Department of from the public and affected agencies. mechanical, or other technological Homeland Security. collection techniques or other forms of DATES: Comments are encouraged and ACTION: 60-Day notice and request for information technology, e.g., permitting will be accepted (no later than June 25, comments; revision and extension of an electronic submission of responses. The 2018) to be assured of consideration. existing collection of information. comments that are submitted will be ADDRESSES: Interested persons are summarized and included in the request SUMMARY: The Department of Homeland invited to submit written comments on for approval. All comments will become Security, U.S. Customs and Border this proposed information collection to a matter of public record. Protection will be submitting the the Office of Information and Regulatory following information collection request Overview of This Information Affairs, Office of Management and to the Office of Management and Budget Collection Budget. Comments should be addressed (OMB) for review and approval in to the OMB Desk Officer for Customs Title: Crew Member’s Declaration. accordance with the Paperwork and Border Protection, Department of OMB Number: 1651–0021. Reduction Act of 1995 (PRA). The Homeland Security, and sent via Form Number: CBP Form 5129. information collection is published in electronic mail to dhsdeskofficer@ Current Actions: CBP proposes to the Federal Register to obtain comments omb.eop.gov. extend the expiration date of this from the public and affected agencies. FOR FURTHER INFORMATION CONTACT: information collection with no change Comments are encouraged and will be Requests for additional PRA information to the burden hours or to CBP Form accepted July 24, 2018 to be assured of should be directed to the CBP 5129. consideration.

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ADDRESSES: Written comments and/or collection techniques or other forms of 1641 (2000); Section 414 of the Uniting suggestions regarding the item(s) information technology, e.g., permitting and Strengthening America by contained in this notice must include electronic submission of responses. The Providing Appropriate Tools Required the OMB Control Number 1651–0138 in comments that are submitted will be to Intercept and Obstruct Terrorism Act the subject line and the agency name. summarized and included in the request of 2001 (USA PATRIOT Act), Public To avoid duplicate submissions, please for approval. All comments will become Law 107–56, 115 Stat. 272, 353 (2001); use only one of the following methods a matter of public record. Section 302 of the Enhanced Border to submit comments: Security and Visa Entry Reform Act of Overview of This Information (1) Email. Submit comments to: CBP_ 2002 (Border Security Act), Public Law Collection [email protected]. 107–173, 116 Stat. 543, 552, (2002); (2) Mail. Submit written comments to Title: Biometric Identity. Section 7208 of the Intelligence Reform CBP Paperwork Reduction Act Officer, OMB Number: 1651–0138. and Terrorism Prevention Act of 2004 U.S. Customs and Border Protection, Type of Review: Revision and (IRTPA), Public Law 108–458, 118 Stat. Office of Trade, Regulations and Extension (with change). 3638, 3817 (2004); Section 711 of the Rulings, Economic Impact Analysis Current Actions: This submission is Implementing Recommendations of the Branch, 90 K Street NE, 10th Floor, being made to revise the information 9/11 Commission Act of 2007, Public Washington, DC 20229–1177. collection and extend the expiration Law 110–53, 121 Stat. 266 (2007), FOR FURTHER INFORMATION CONTACT: date with a change to the burden hours Consolidated Appropriations Act, 2016, Requests for additional PRA information due to an increase in the number of Public Law 114–113, 129 Stat. 2242, should be directed to Seth Renkema, respondents in agency estimates and 2493 (2016), Section 110 of the Illegal Chief, Economic Impact Analysis separating the different biometric Immigration Reform and Immigrant Branch, U.S. Customs and Border modalities. Proposed Change: CBP is Responsibility Act of 1996, Public Law Protection, Office of Trade, Regulations proposing to revise this collection of 104–208, 110 Stat. 3009–546 (1997), and Rulings, 90 K Street NE, 10th Floor, information to include the collection of Section 802 of the Trade Facilitation Washington, DC 20229–1177, biometrics from vehicles, this collection and Trade Enforcement Act of 2015, Telephone number (202) 325–0056 or will not impose a time burden on the Public Law 114–125, 130 Stat. 122, 199 via email [email protected]. Please respondents and may reduce wait times (2015), and Sections 214, 215(a), 235(a), note that the contact information at the ports of entry and exit. 262(a), 263(a) and 264(c) of the provided here is solely for questions Affected Public: Individuals. Immigration and Nationality Act of regarding this notice. Individuals Abstract: In order to enhance national 1952, as amended, 8 U.S.C. 1184, seeking information about other CBP security, the Department of Homeland 1185(a), 1225(a), 1302(a)(1303(a), programs should contact the CBP Security is developing a biometric based 1304(c) and 1365b. National Customer Service Center at entry and exit system capable of Fingerprint Modality 877–227–5511, (TTY) 1–800–877–8339, improving the information resources or CBP website at https://www.cbp.gov/ available to immigration and border Estimated Number of Respondents: . management decision-makers. These 58,657,882. SUPPLEMENTARY INFORMATION: CBP biometrics may include: Digital Estimated Time per Response: .0097 invites the general public and other fingerprint scans, facial images, iris hours. Federal agencies to comment on the images or other biometrics. Biometrics Estimated Total Annual Burden proposed and/or continuing information may be collected from travelers entering Hours: 568,981. or exiting the United States. CBP will collections pursuant to the Paperwork Facial/Iris Modality Reduction Act of 1995 (44 U.S.C. 3501 store and use biometric data from those et seq.). This process is conducted in aliens specified in 8 CFR 215.8 and 8 Estimated Number of Respondents: accordance with 5 CFR 1320.8. Written CFR 235.1 in order to verify identity, 54,542,118. comments and suggestions from the determine admissibility of those seeking Estimated Time per Response: .0025 public and affected agencies should entry into the United States, confirm hours. address one or more of the following exit from the United States for the Estimated Total Annual Burden four points: (1) Whether the proposed purpose of tracking aliens who have Hours: 136,355. collection of information is necessary overstayed their visa or are otherwise for the proper performance of the illegally present in the United States, Biometrics Collected From Vehicles functions of the agency, including prevent visa fraud, and identify known Estimated Number of Respondents: whether the information will have or suspected criminals or terrorists. CBP 300,000.* practical utility; (2) the accuracy of the continues to test and evaluate different Estimated Time per Response: None. agency’s estimate of the burden of the technological and operational changes Estimated Total Annual Burden proposed collection of information, to improve the accuracy and speed of Hours: None. including the validity of the biometric collection. * Vehicle time per Respondent is methodology and assumptions used; (3) The federal statutes that mandate DHS estimated at zero due to no physical suggestions to enhance the quality, to create a biometric entry and exit response required from the respondent. utility, and clarity of the information to system include: Section 2(a) of the be collected; and (4) suggestions to Immigration and Naturalization Service Dated: May 22, 2018. minimize the burden of the collection of Data Management Improvement Act of Seth D. Renkema, information on those who are to 2000 (DMIA), Public Law 106–215, 114 Branch Chief, Economic Impact Analysis respond, including through the use of Stat. 337 (2000); Section 205 of the Visa Branch, U.S. Customs and Border Protection. appropriate automated, electronic, Waiver Permanent Program Act of 2000, [FR Doc. 2018–11287 Filed 5–24–18; 8:45 am] mechanical, or other technological Public Law 106–396, 114 Stat. 1637, BILLING CODE 9111–14–P

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DEPARTMENT OF HOMELAND collection was previously published in www.cbp.gov/newsroom/publications/ SECURITY the Federal Register (83 FR 826) on forms?title=4609. January 8, 2018, allowing for a 60-day Affected Public: Businesses. U.S. Customs and Border Protection comment period. This notice allows for Estimated Number of Respondents: [1651–0100] an additional 30 days for public 1,610. comments. This process is conducted in Estimated Number of Total Annual Agency Information Collection accordance with 5 CFR 1320.8. Written Responses: 1,610. Activities: Petition for Remission or comments and suggestions from the Estimated Time per Response: 14 Mitigation of Forfeitures and Penalties public and affected agencies should minutes. Incurred address one or more of the following Estimated Annual Burden Hours: 376. four points: (1) Whether the proposed Dated: May 22, 2018. AGENCY: U.S. Customs and Border collection of information is necessary Seth D. Renkema, Protection (CBP), Department of for the proper performance of the Homeland Security. functions of the agency, including Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection. ACTION: 30-Day notice and request for whether the information will have comments; extension of an existing practical utility; (2) the accuracy of the [FR Doc. 2018–11288 Filed 5–24–18; 8:45 am] collection of information. agency’s estimate of the burden of the BILLING CODE 9111–14–P proposed collection of information, SUMMARY: The Department of Homeland including the validity of the DEPARTMENT OF HOMELAND Security, U.S. Customs and Border methodology and assumptions used; (3) SECURITY Protection will be submitting the suggestions to enhance the quality, following information collection request utility, and clarity of the information to to the Office of Management and Budget Federal Emergency Management be collected; and (4) suggestions to Agency (OMB) for review and approval in minimize the burden of the collection of accordance with the Paperwork information on those who are to [Docket ID FEMA–2012–0012] Reduction Act of 1995 (PRA). The respond, including through the use of Record of Decision for the Final information collection is published in appropriate automated, electronic, National Flood Insurance Program the Federal Register to obtain comments mechanical, or other technological Nationwide Programmatic from the public and affected agencies. collection techniques or other forms of Environmental Impact Statement Comments are encouraged and will be information technology, e.g., permitting accepted (no later than June 25, 2018) to electronic submission of responses. The AGENCY: Federal Emergency be assured of consideration. comments that are submitted will be Management Agency, DHS. ADDRESSES: Interested persons are summarized and included in the request ACTION: Notice of availability of the invited to submit written comments on for approval. All comments will become Record of Decision for the final this proposed information collection to a matter of public record. nationwide programmatic the Office of Information and Regulatory environmental impact statement. Affairs, Office of Management and Overview of This Information Collection Budget. Comments should be addressed SUMMARY: The Federal Emergency to the OMB Desk Officer for Customs Title: Petition for Remission or Management Agency (FEMA) and Border Protection, Department of Mitigation of Forfeitures and Penalties announces the availability of the Record Homeland Security, and sent via Incurred. of Decision (ROD) for the final electronic mail to dhsdeskofficer@ OMB Number: 1651–0100. nationwide programmatic omb.eop.gov. Form Number: CBP Form 4609. environmental impact statement Action: CBP proposes to extend the (NPEIS) evaluating the environmental FOR FURTHER INFORMATION CONTACT: expiration date of this information impacts of proposed modifications to Requests for additional PRA information collection with no change to the burden the National Flood Insurance Program should be directed to the CBP hours or to the information collected. Paperwork Reduction Act Officer, U.S. Type of Review: Extension (without (NFIP). The NPEIS was completed in Customs and Border Protection, Office change). accordance with the National of Trade, Regulations and Rulings, Abstract: CBP Form 4609, Petition for Environmental Policy Act (NEPA) of Economic Impact Analysis Branch, 90 K Remission or Mitigation of Forfeitures 1969, as amended, the Council on Street NE, 10th Floor, Washington, DC and Penalties Incurred, is completed Environmental Quality’s (CEQ’s) 20229–1177, or via email CBP_PRA@ and filed with the CBP FP&F Officer regulations for implementing the cbp.dhs.gov. Please note that the contact designated in the notice of claim by procedural provisions of NEPA, and information provided here is solely for individuals who have been found to be FEMA’s Directive 108–1 questions regarding this notice. in violation of one or more provisions ‘‘Environmental Planning and Historic Individuals seeking information about of the Tariff Act of 1930, or other laws Preservation Responsibilities and other CBP programs should contact the administered by CBP. Persons who Program Requirements.’’ CBP National Customer Service Center violate the Tariff Act are entitled to file ADDRESSES: Electronic versions of the at 877–227–5511, (TTY) 1–800–877– a petition seeking mitigation of any ROD are available for viewing at 8339, or CBP website at https:// statutory penalty imposed or remission FEMA’s website at https:// www.cbp.gov/. of a statutory forfeiture incurred. This www.fema.gov/programmatic- SUPPLEMENTARY INFORMATION: CBP petition is submitted on CBP Form environmental-impact-statement. invites the general public and other 4609. The information provided on this FOR FURTHER INFORMATION CONTACT: For Federal agencies to comment on the form is used by CBP personnel as a basis more information on the ROD, contact proposed and/or continuing information for granting relief from forfeiture or Bret Gates, FEMA, Federal Insurance collections pursuant to the Paperwork penalty. CBP Form 4609 is authorized and Mitigation Administration, Reduction Act of 1995 (44 U.S.C. 3501 by 19 U.S.C. 1618 and provided for by Floodplain Management Division, 400 C et seq.). This proposed information 19 CFR 171.1. It is accessible at: https:// Street SW, Washington, DC 20472, or

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via email at [email protected], or —Preferred Alternative 2 (Legislatively SUMMARY: The Department of Homeland by phone at 202–646–2780. Required Changes, Floodplain Security (DHS), U.S. Citizenship and Management Criteria Guidance, and Immigration Services (USCIS) will be SUPPLEMENTARY INFORMATION: Letter of Map Change [LOMC] submitting the following information Development of the NFIP NPEIS began Clarification) (Preferred Alternative) collection request to the Office of with publication of the Notice of Intent Æ Phase out of subsidies on certain Management and Budget (OMB) for in the Federal Register on May 16, review and clearance in accordance 2012. (77 FR 28891) The evaluation pre-Flood Insurance Rate Map (pre- FIRM) properties (non-primary with the Paperwork Reduction Act of process included the NFIP Stakeholder residences, business properties, severe 1995. The purpose of this notice is to Listening Session with key stakeholders repetitive loss properties, substantially allow an additional 30 days for public in November 2009. In addition, FEMA damaged or improved properties, and comments. conducted two public meetings in properties for which the cumulative DATES: The purpose of this notice is to December 2010 and opened a public claims payments exceed the fair market allow an additional 30 days for public comment period on four alternatives for value of the property) at a rate of 25 comments. Comments are encouraged NFIP Reform. Comments received were percent premium increases per year. and will be accepted until June 25, considered part of the scoping process Æ Phase out of subsidies on all other 2018. This process is conducted in for this NPEIS. Additionally, FEMA pre-FIRM properties through annual accordance with 5 CFR 1320.10. held three public webinars in April and premium rate increases of an average ADDRESSES: Written comments and/or May of 2014 to further the scoping rate of at least 5 percent, but no more suggestions regarding the item(s) process. (79 FR 16354, March 25, 2014) than 15 percent, per risk classification, contained in this notice, especially with no individual policy exceeding an Publication of the draft NPEIS on regarding the estimated public burden 18 percent premium rate increase. and associated response time, must be April 7, 2017 included a 60-day Æ Implement a monthly installment comment period with public meetings directed to the OMB USCIS Desk Officer plan payment option for non-escrowed via email at dhsdeskofficer@ and webinars to obtain comments on the flood insurance policies. document. (82 FR 17023) FEMA Æ omb.eop.gov. All submissions received Clarify that pursuant to 44 CFR must include the agency name and the accepted comments on the draft NPEIS 60.3(a)(2), a community must obtain and OMB Control Number 1615–0135 in the until June 6, 2017. Comments on the maintain documentation of compliance subject line. draft NPEIS were incorporated, as with the appropriate Federal or State You may wish to consider limiting the appropriate, into the final NPEIS (see laws, including the ESA, as a condition amount of personal information that you Appendix M). of issuing floodplain development provide in any voluntary submission Publication of the final NPEIS on permits. you make. For additional information Æ Clarify that the issuing of certain November 3, 2017 (82 FR 51286) please read the Privacy Act notice that LOMC requests (i.e., map revisions) is is available via the link in the footer of initiated a 30-day hold period for the contingent on the community, or the http://www.regulations.gov. final NPEIS that ended on December 3, project proponent on the community’s 2017. A summary of the comments behalf, submitting documentation of FOR FURTHER INFORMATION CONTACT: received on the final NPEIS and compliance with the ESA. USCIS, Office of Policy and Strategy, explanations as to why changes to the The ROD is available for viewing at Regulatory Coordination Division, NPEIS were not warranted is included https://www.fema.gov/programmatic- Samantha Deshommes, Chief, 20 in the ROD. environmental-impact-statement. Massachusetts Avenue NW, Washington, DC 20529–2140, The modifications to the NFIP are Authority: 42 U.S.C. 4331 et seq.; 40 CFR Telephone number (202) 272–8377 part 1500; FEMA Instruction 108–1–1. needed to (a) implement the legislative (This is not a toll-free number; requirements of the Biggert-Waters Dated: May 18, 2018. comments are not accepted via Flood Insurance Reform Act of 2012 Brock Long, telephone message.). Please note contact (BW–12) and the Homeowner Flood Administrator, Federal Emergency information provided here is solely for Insurance Affordability Act of 2014 Management Agency. questions regarding this notice. It is not (HFIAA); and (b) to demonstrate [FR Doc. 2018–11210 Filed 5–24–18; 8:45 am] for individual case status inquiries. compliance with the Endangered BILLING CODE 9111–A6–P Applicants seeking information about Species Act (ESA). As stated in the final the status of their individual cases can NPEIS, the need to implement the check Case Status Online, available at legislative requirements of BW–12 and DEPARTMENT OF HOMELAND the USCIS website at http:// HFIAA arises from the recent concerns SECURITY www.uscis.gov, or call the USCIS over the fiscal soundness of the NFIP. National Customer Service Center at U.S. Citizenship and Immigration (800) 375–5283; TTY (800) 767–1833. The final NPEIS considered four Services alternatives and described the potential SUPPLEMENTARY INFORMATION: [OMB Control Number 1615–0135] environmental effects of each Comments alternative. With this notice FEMA is Agency Information Collection The information collection notice was announcing the availability of the ROD Activities; Extension, Without Change, previously published in the Federal on the actions to be taken, including of a Currently Approved Collection: Register on March 13, 2018 at 83 FR potential mitigation measures, and its Application for Travel Document 10868, allowing for a 60-day public intent to implement the Preferred (Carrier Documentation) comment period. USCIS did not receive Alternative from the NFIP’s final NPEIS. AGENCY: any comment in connection with the 60- The preferred alternative consists of the U.S. Citizenship and Immigration Services, Department of day notice. following program modifications: Homeland Security. You may access the information collection instrument with instructions, ACTION: 30-Day notice. or additional information by visiting the

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Federal eRulemaking Portal site at: collection: The estimated total annual Samantha Deshommes, Chief, 20 http://www.regulations.gov and enter cost burden associated with this Massachusetts Avenue NW, USCIS–2015–0004 in the search box. collection of information is $704,620. Washington, DC 20529–2140, Written comments and suggestions from Dated: May 21, 2018. Telephone number (202) 272–8377 the public and affected agencies should Samantha L. Deshommes, (This is not a toll-free number; address one or more of the following comments are not accepted via Chief, Regulatory Coordination Division, four points: Office of Policy and Strategy, U.S. Citizenship telephone message.). Please note contact (1) Evaluate whether the proposed and Immigration Services, Department of information provided here is solely for collection of information is necessary Homeland Security. questions regarding this notice. It is not for the proper performance of the [FR Doc. 2018–11264 Filed 5–24–18; 8:45 am] for individual case status inquiries. functions of the agency, including BILLING CODE 9111–97–P Applicants seeking information about whether the information will have the status of their individual cases can practical utility; check Case Status Online, available at (2) Evaluate the accuracy of the DEPARTMENT OF HOMELAND the USCIS website at http:// agency’s estimate of the burden of the SECURITY www.uscis.gov, or call the USCIS proposed collection of information, National Customer Service Center at including the validity of the U.S. Citizenship and Immigration (800) 375–5283; TTY (800) 767–1833. methodology and assumptions used; Services SUPPLEMENTARY INFORMATION: (3) Enhance the quality, utility, and clarity of the information to be [OMB Control Number 1615–0012] Comments collected; and Agency Information Collection The information collection notice was (4) Minimize the burden of the Activities; Extension, Without Change, previously published in the Federal collection of information on those who of a Currently Approved Collection: Register on February 15, 2018, at 83 FR are to respond, including through the Petition for Alien Relative 6873, allowing for a 60-day public use of appropriate automated, comment period. USCIS did receive four electronic, mechanical, or other AGENCY: U.S. Citizenship and comments in connection with the 60- technological collection techniques or Immigration Services, Department of day notice. other forms of information technology, Homeland Security. You may access the information e.g., permitting electronic submission of ACTION: 30-Day notice. collection instrument with instructions, responses. or additional information by visiting the SUMMARY: The Department of Homeland Overview of This Information Federal eRulemaking Portal site at: Security (DHS), U.S. Citizenship and Collection http://www.regulations.gov and enter Immigration Services (USCIS) will be USCIS–2007–0037 in the search box. (1) Type of Information Collection submitting the following information Written comments and suggestions from Request: Extension, Without Change, of collection request to the Office of the public and affected agencies should a Currently Approved Collection. Management and Budget (OMB) for address one or more of the following (2) Title of the Form/Collection: review and clearance in accordance four points: Application for Travel Document with the Paperwork Reduction Act of (1) Evaluate whether the proposed (Carrier Documentation). 1995. The purpose of this notice is to collection of information is necessary (3) Agency form number, if any, and allow an additional 30 days for public for the proper performance of the the applicable component of the DHS comments. sponsoring the collection: I–131A; functions of the agency, including DATES: The purpose of this notice is to whether the information will have USCIS. allow an additional 30 days for public (4) Affected public who will be asked practical utility; comments. Comments are encouraged or required to respond, as well as a brief (2) Evaluate the accuracy of the and will be accepted until June 25, abstract: Primary: Individuals or agency’s estimate of the burden of the 2018. This process is conducted in households. USCIS uses the information proposed collection of information, accordance with 5 CFR 1320.10. provided on Form I–131A to verify the including the validity of the status of permanent or conditional ADDRESSES: Written comments and/or methodology and assumptions used; residents, and determine whether the suggestions regarding the item(s) (3) Enhance the quality, utility, and applicant is eligible for the requested contained in this notice, especially clarity of the information to be travel document. regarding the estimated public burden collected; and (5) An estimate of the total number of and associated response time, must be (4) Minimize the burden of the respondents and the amount of time directed to the OMB USCIS Desk Officer collection of information on those who estimated for an average respondent to via email at dhsdeskofficer@ are to respond, including through the respond: The estimated total number of omb.eop.gov. All submissions received use of appropriate automated, respondents for the information must include the agency name and the electronic, mechanical, or other collection Form I–131A is 4,110 and the OMB Control Number [1615–0012] in technological collection techniques or estimated hour burden per response is the subject line. other forms of information technology, .92 hours; biometrics processing is 4,110 You may wish to consider limiting the e.g., permitting electronic submission of and the estimated hour burden per amount of personal information that you responses. provide in any voluntary submission response is 1.17 hours. Overview of This Information (6) An estimate of the total public you make. For additional information Collection burden (in hours) associated with the please read the Privacy Act notice that collection: The total estimated annual is available via the link in the footer of (1) Type of Information Collection hour burden associated with this http://www.regulations.gov. Request: Extension, Without Change, of collection is 8,590 hours. FOR FURTHER INFORMATION CONTACT: a Currently Approved Collection. (7) An estimate of the total public USCIS, Office of Policy and Strategy, (2) Title of the Form/Collection: burden (in cost) associated with the Regulatory Coordination Division, Petition for Alien Relative.

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(3) Agency form number, if any, and Immigration Services (USCIS) will be USCIS–2008–0009 in the search box. the applicable component of the DHS submitting the following information Written comments and suggestions from sponsoring the collection: I–130; I– collection request to the Office of the public and affected agencies should 130A; USCIS. Management and Budget (OMB) for address one or more of the following (4) Affected public who will be asked review and clearance in accordance four points: or required to respond, as well as a brief with the Paperwork Reduction Act of (1) Evaluate whether the proposed abstract: Primary: Individuals or 1995. The purpose of this notice is to collection of information is necessary households. Form I–130 allows U.S. allow an additional 30 days for public for the proper performance of the citizens or lawful permanent residents comments. functions of the agency, including of the United States to petition on behalf DATES: The purpose of this notice is to whether the information will have of certain alien relatives who wish to allow an additional 30 days for public practical utility; immigrate to the United States. Form I– comments. Comments are encouraged (2) Evaluate the accuracy of the 130A allows for the collection of and will be accepted until June 25, agency’s estimate of the burden of the additional information for spouses of 2018. This process is conducted in proposed collection of information, the petitioners necessary to facilitate a accordance with 5 CFR 1320.10. including the validity of the decision. ADDRESSES: Written comments and/or methodology and assumptions used; (3) Enhance the quality, utility, and (5) An estimate of the total number of suggestions regarding the item(s) clarity of the information to be respondents and the amount of time contained in this notice, especially collected; and estimated for an average respondent to regarding the estimated public burden (4) Minimize the burden of the respond: The estimated total number of and associated response time, must be collection of information on those who respondents for the information directed to the OMB USCIS Desk Officer are to respond, including through the collection I–130 is 978,500 and the via email at dhsdeskofficer@ use of appropriate automated, estimated hour burden per response is omb.eop.gov. All submissions received electronic, mechanical, or other 2 hours. The estimated total number of must include the agency name and the technological collection techniques or respondents for the information OMB Control Number 1615–0017 in the other forms of information technology, collection I–130A is 45,614 and the subject line. e.g., permitting electronic submission of estimated hour burden per response is You may wish to consider limiting the responses. 0.883 hours. amount of personal information that you (6) An estimate of the total public provide in any voluntary submission Overview of This Information burden (in hours) associated with the you make. For additional information Collection collection: The total estimated annual please read the Privacy Act notice that hour burden associated with this (1) Type of Information Collection is available via the link in the footer of Request: Revision of a Currently collection is 1,994,996 hours. http://www.regulations.gov. (7) An estimate of the total public Approved Collection. burden (in cost) associated with the FOR FURTHER INFORMATION CONTACT: (2) Title of the Form/Collection: collection: The estimated total annual USCIS, Office of Policy and Strategy, Application for Advance Permission to cost burden associated with this Regulatory Coordination Division, Enter as Nonimmigrant. collection of information is Samantha Deshommes, Chief, 20 (3) Agency form number, if any, and $391,400,000. Massachusetts Avenue NW, the applicable component of the DHS Washington, DC 20529–2140, sponsoring the collection: I–192; USCIS. Dated: May 21, 2018. Telephone number (202) 272–8377 (4) Affected public who will be asked Samantha L. Deshommes, (This is not a toll-free number; or required to respond, as well as a brief Chief, Regulatory Coordination Division, comments are not accepted via abstract: Primary: Individuals or Office of Policy and Strategy, U.S. Citizenship telephone message.). Please note contact households. The data collected will be and Immigration Services, Department of information provided here is solely for used by CBP and USCIS to determine Homeland Security. questions regarding this notice. It is not whether the applicant is eligible to enter [FR Doc. 2018–11265 Filed 5–24–18; 8:45 am] for individual case status inquiries. the United States temporarily under the BILLING CODE 9111–97–P Applicants seeking information about provisions of section 212(d)(3), the status of their individual cases can 212(d)(13), and 212(d)(14) of the INA. check Case Status Online, available at The respondents for this information DEPARTMENT OF HOMELAND the USCIS website at http:// collection are certain inadmissible SECURITY www.uscis.gov, or call the USCIS nonimmigrant aliens who wish to apply U.S. Citizenship and Immigration National Customer Service Center at for permission to enter the United Services (800) 375–5283; TTY (800) 767–1833. States, applicants for T nonimmigrant SUPPLEMENTARY INFORMATION: status (victims of a severe form of [OMB Control Number 1615–0017] trafficking in persons), and petitioners Comments for U nonimmigrant status (victims of Agency Information Collection The information collection notice was qualifying criminal activity). Activities; Revision of a Currently previously published in the Federal (5) An estimate of the total number of Approved Collection: Application for Register on February 27, 2018, at 83 FR respondents and the amount of time Advance Permission To Enter as 8498, allowing for a 60-day public estimated for an average respondent to Nonimmigrant comment period. USCIS did not receive respond: The estimated total number of AGENCY: U.S. Citizenship and any comments in connection with the respondents for the information Immigration Services, Department of 60-day notice. collection I–192 is 68,050 and the Homeland Security. You may access the information estimated hour burden per response is ACTION: 30-Day notice. collection instrument with instructions, 1.5 hours. or additional information by visiting the (6) An estimate of the total public SUMMARY: The Department of Homeland Federal eRulemaking Portal site at: burden (in hours) associated with the Security (DHS), U.S. Citizenship and http://www.regulations.gov and enter collection: The total estimated annual

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hour burden associated with this (2) Mail. Submit written comments to (3) Enhance the quality, utility, and collection is 102,075 hours. DHS, USCIS, Office of Policy and clarity of the information to be (7) An estimate of the total public Strategy, Chief, Regulatory Coordination collected; and burden (in cost) associated with the Division, 20 Massachusetts Avenue NW, (4) Minimize the burden of the collection: The estimated total annual Washington, DC 20529–2140. collection of information on those who cost burden associated with this FOR FURTHER INFORMATION CONTACT: are to respond, including through the collection of information is $16,672,250. USCIS, Office of Policy and Strategy, use of appropriate automated, Dated: May 21, 2018. Regulatory Coordination Division, electronic, mechanical, or other Samantha L. Deshommes, Samantha Deshommes, Chief, 20 technological collection techniques or Massachusetts Avenue NW, Chief, Regulatory Coordination Division, other forms of information technology, Office of Policy and Strategy, U.S. Citizenship Washington, DC 20529–2140, telephone e.g., permitting electronic submission of and Immigration Services, Department of number 202–272–8377 (This is not a responses. toll-free number. Comments are not Homeland Security. Overview of This Information [FR Doc. 2018–11263 Filed 5–24–18; 8:45 am] accepted via telephone message). Please note contact information provided here Collection BILLING CODE 9111–97–P is solely for questions regarding this (1) Type of Information Collection: notice. It is not for individual case Extension, Without Change, of a DEPARTMENT OF HOMELAND status inquiries. Applicants seeking Currently Approved Collection. SECURITY information about the status of their (2) Title of the Form/Collection: individual cases can check Case Status Application for Travel Document, Form Online, available at the USCIS website U.S. Citizenship and Immigration I–131; Extension, Without Change, of a at http://www.uscis.gov, or call the Services Currently Approved Collection. USCIS National Customer Service [OMB Control Number 1615–0013] Center at 800–375–5283 (TTY 800–767– (3) Agency form number, if any, and 1833). the applicable component of the DHS Agency Information Collection sponsoring the collection: I–131; USCIS. Activities; Extension, Without Change, SUPPLEMENTARY INFORMATION: (4) Affected public who will be asked of a Currently Approved Collection: Comments or required to respond, as well as a brief Application for Travel Document, Form abstract: Primary: Individuals or I–131; Extension, Without Change, of a You may access the information households. Certain aliens, principally Currently Approved Collection collection instrument with instructions, or additional information by visiting the permanent or conditional residents, AGENCY: U.S. Citizenship and Federal eRulemaking Portal site at: refugees or asylees, applicants for Immigration Services, Department of http://www.regulations.gov and enter adjustment of status, aliens in Homeland Security. USCIS–2007–0045 in the search box. Temporary Protected Status (TPS), and ACTION: 60-Day notice. Regardless of the method used for aliens abroad seeking humanitarian submitting comments or material, all parole who need to apply for a travel SUMMARY: The Department of Homeland submissions will be posted, without document to lawfully enter or reenter Security (DHS), U.S. Citizenship and change, to the Federal eRulemaking the United States. Eligible recipients of Immigration (USCIS) invites the general Portal at http://www.regulations.gov, deferred action under childhood arrivals public and other Federal agencies to and will include any personal (DACA) may now request an advance comment upon this proposed extension information you provide. Therefore, parole documents based on of a currently approved collection of submitting this information makes it humanitarian, educational and information. In accordance with the public. You may wish to consider employment reasons. Lawful permanent Paperwork Reduction Act (PRA) of limiting the amount of personal residents may now file requests for 1995, the information collection notice information that you provide in any travel permits (transportation letter or is published in the Federal Register to voluntary submission you make to DHS. boarding foil). obtain comments regarding the nature of DHS may withhold information (5) An estimate of the total number of the information collection, the provided in comments from public respondents and the amount of time categories of respondents, the estimated viewing that it determines may impact estimated for an average respondent to burden (i.e., the time, effort, and the privacy of an individual or is respond: The estimated total number of resources used by the respondents to offensive. For additional information, respondents for the information respond), the estimated cost to the please read the Privacy Act notice that collection I–131 is 483,920 and the respondent, and the actual information is available via the link in the footer of estimated hour burden per response is collection instruments. http://www.regulations.gov. 2.33 hours; the estimated total number Written comments and suggestions DATES: Comments are encouraged and of respondents for biometrics processing from the public and affected agencies will be accepted for 60 days until July is 82,974 and the estimated hour burden should address one or more of the 24, 2018. per response is 1.17 hours. following four points: ADDRESSES: All submissions received (1) Evaluate whether the proposed (6) An estimate of the total public must include the OMB Control Number collection of information is necessary burden (in hours) associated with the 1615–0013 in the body of the letter, the for the proper performance of the collection: The total estimated annual agency name and Docket ID USCIS– functions of the agency, including hour burden associated with this 2007–0045. To avoid duplicate whether the information will have collection is 1,222,042 hours. submissions, please use only one of the practical utility; (7) An estimate of the total public following methods to submit comments: (2) Evaluate the accuracy of the burden (in cost) associated with the (1) Online. Submit comments via the agency’s estimate of the burden of the collection: The estimated total annual Federal eRulemaking Portal website at proposed collection of information, cost burden associated with this http://www.regulations.gov under e- including the validity of the collection of information is Docket ID number USCIS–2007–0045; methodology and assumptions used; $142,272,480.

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Dated: May 21, 2018. A. Overview of Information Collection additional contract of sale for new Samantha L. Deshommes, Title of Information Collection: construction units. PHAs participating Chief, Regulatory Coordination Division, Housing Choice Voucher (HCV) in the PBV program will enter into Office of Policy and Strategy, U.S. Citizenship Program. Agreements with owners for developing and Immigration Services, Department of OMB Approval Number: 2577–0169. projects, HAP contracts with the Homeland Security. Type of Request: Revision of currently existing and New Construction/ [FR Doc. 2018–11266 Filed 5–24–18; 8:45 am] approved collection with changes that Rehabilitation owners, a Statement of BILLING CODE 9111–97–P include new requirements of the Family Responsibilities with the family Housing Opportunities Through and a lease addendum for execution Modernization Act (HOTMA) of 2016 between the family and the owner. New requirements have been established for DEPARTMENT OF HOUSING AND and inclusion of contract amendments independent entities in both the HCV URBAN DEVELOPMENT for both the HCV and project-based voucher (PBV) programs. and PBV programs. In addition, new requirements have been established for [Docket No. FR–7006–N–07] Form Numbers: HUD–52515, HUD– 52667, HUD–52580, HUD–52580–A, the Housing Opportunities Through 60-Day Notice of Proposed Information HUD–52517, HUD–52646, HUD–52665, Modernization (HOTMA) rule of 2016. Collection: Housing Choice Voucher HUD–52641, HUD–52641–A, HUD HOTMA made changes to both the Program 52642, HUD 52649, HUD 52531A and B, definition of PHA-owned housing and HUD 52530A, HUD 52530B, HUD several changes to the PBV program to AGENCY: Office of the Assistant 52530C, HUD 52578B, HUD–50164. conform with HOTMA requirements. As Secretary for Public and Indian a result of these updates, changes have Housing, PIH, HUD. Description of the Need for the been made to the following forms: PBV ACTION: Notice. Information and Proposed Use HAP Contracts (both for existing Public Housing Agencies (PHA) will housing (HUD–52530 A and B) and new SUMMARY: HUD is seeking approval from prepare an application for funding Construction/Rehab (HUD 52531 A and the Office of Management and Budget which specifies the number of units B); PBV Tenancy Addendum; (HUD (OMB) for the information collection requested, as well as the PHA’s 53530c) and HCV HAP Contract (HUD described below. In accordance with the objectives and plans for administering 52641). Paperwork Reduction Act, HUD is the Housing Choice (HCV) and Project Other forms that are being updated requesting comment from all interested Base Voucher (PBV) programs. The are: The Funding Application (HUD parties on the proposed collection of application is reviewed by HUD 52515); the Request for Tenancy information. The purpose of this notice Headquarters and HUD Field Offices Approval (HUD–2517); and Allowances is to allow for 60 days of public and ranked according to the PHA’s for Tenant-Furnished Utilities and comment. administrative capability, the need for Other Services (HUD 5267). Three new DATES: Comments Due Date: July 24, housing assistance, and other factors documents each will be added for the 2018. specified in a notice of funding Family Unification Program application process and the HUD–VASH ADDRESSES: Interested persons are availability. The PHAs must establish a Application Process. Additionally, the invited to submit comments regarding utility allowance schedule for all forms will be updated to remove this proposal. Comments should refer to utilities and other services. Units must outdated references (such as those to the the proposal by name and/or OMB be inspected using HUD-prescribed Certificate Program). Such updates do Control Number and should be sent to: forms to determine if the units meet the not result in an increase in burden Colette Pollard, Reports Management Housing Quality Standards (HQS) of the hours. Officer, ODAM, Department of Housing HCV program. After the family is issued and Urban Development, 451 7th Street a HCV to search for a unit pursuant to Respondents (i.e. affected public): SW, Room 4176, Washington, DC attending a briefing and receiving an State and Local Governments, 20410–5000; telephone 202–402–0306 information packet, the family must businesses or other non-profits. (this is not a toll-free number) or email complete and submit to the PHA a Estimated Number of Respondents: at [email protected] for a copy of Request for Tenancy Approval when it 2,192 PHAs. the proposed forms or other available finds a unit which is suitable for its Estimated Number of Responses: information. Persons with hearing or needs. Initial PHAs will use a 3.680,493. standardized form to submit portability speech impairments may access this Frequency of Response: Varies by information to the receiving PHA who number through TTY by calling the toll- form. will also use the form for monthly free Federal Relay Service at (800) 877– Average Hours per Response: 1. 8339. portability billing. PHAs and owners will enter into housing assistance Total Estimated Burdens Hours: FOR FURTHER INFORMATION CONTACT: payments (HAP) contract each 1,643,173. Arlette Mussington, Office of Policy, providing information on rents, B. Solicitation of Public Comment Programs and Legislative Initiatives, payments, certifications, notifications, PIH, Department of Housing and Urban and owner agreement in a form This notice is soliciting comments Development, 451 7th Street, SW, Room acceptable to the PHA. A Tenancy from members of the public and affected 3178, Washington, DC 20410; telephone Addendum for the HCV program is parties concerning the collection of 202–402–4109, (this is not a toll-free included in the HAP contract as well as information described in Section A on number). incorporated in the lease between the the following: SUPPLEMENTARY INFORMATION: This owner and the family. Families that (1) Whether the proposed collection notice informs the public that HUD is participate in the Homeownership of information is necessary for the seeking approval from OMB for the option will execute a statement proper performance of the functions of information collection described in regarding their responsibilities and the agency, including whether the Section A. execute contracts of sale including an information will have practical utility;

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(2) The accuracy of the agency’s (OMB) for the information collection submitted to OMB may be obtained estimate of the burden of the proposed described below. In accordance with the from Ms. Mussington. collection of information; Paperwork Reduction Act, HUD is SUPPLEMENTARY INFORMATION: This (3) Ways to enhance the quality, requesting comment from all interested notice informs the public that HUD is utility, and clarity of the information to parties on the proposed collection of seeking approval from OMB for the be collected; and information. The purpose of this notice information collection described in (4) Ways to minimize the burden of is to allow for 60 days of public Section A. the collection of information on those comment. A. Overview of Information Collection who are to respond; including through DATES: Comments Due Date: July 24, the use of appropriate automated 2018. Title of Information Collection: Public collection techniques or other forms of Housing Flat Rent Exception Request information technology, e.g., permitting ADDRESSES: Interested persons are invited to submit comments regarding Market Analysis. electronic submission of responses. OMB Approval Number: Pending HUD encourages interested parties to this proposal. Comments should refer to the proposal by name and/or OMB OMB approval. submit comment in response to these Type of Request: New Collection. questions. Control Number and should be sent to: Colette Pollard, Reports Management Form Number: Under development. Authority: Section 3507 of the Paperwork Officer, QDAM, Department of Housing Description of the need for the Reduction Act of 1995, 44 U.S.C. Chapter 35. and Urban Development, 451 7th Street information and proposed use: The form Dated: May 10, 2018. SW, Room 4176, Washington, DC will streamline the process and reduce Merrie Nichols-Dixon, 20410–5000; telephone 202–402–3400 burden on PHAs when submitting a Director, Office of Policy, Programs and (this is not a toll-free number) or email market analysis as part of a flat rent Legislative Initiatives. at [email protected] for a copy of exception request in accordance with [FR Doc. 2018–11306 Filed 5–24–18; 8:45 am] the proposed forms or other available Notice PIH 2015–13(HA), which BILLING CODE 4210–67–P information. Persons with hearing or implements Section 238 of Title II of speech impairments may access this Public Law 113–235, the Department of number through TTY by calling the toll- Housing and Urban Development DEPARTMENT OF HOUSING AND free Federal Relay Service at (800) 877– Appropriations Act of 2015. Notice PIH URBAN DEVELOPMENT 8339. 2015–13(HA) allows PHAs to request FOR FURTHER INFORMATION CONTACT: flat rents that are based on the local [Docket No. FR–7006–N–08] Arlette Mussington, Office of Policy, rental market conditions, when the PHA 60-Day Notice of Proposed Information Programs and Legislative Initiatives, can demonstrate through a market Collection: Public Housing Flat Rent PIH, Department of Housing and Urban analysis that the FMRs are not reflective Exception Request Market Analysis Development, 451 7th Street SW, of the local market. The current (L’Enfant Plaza, Room 2206), submission process does not stipulate a AGENCY: Office of the Assistant Washington, DC 20410; telephone 202– template for PHA submissions, therefore Secretary for Public and Indian 402–4109, (this is not a toll-free PHAs spend widely varying amounts of Housing, HUD. number). Persons with hearing or time and effort compiling information ACTION: Notice. speech impairments may access this which may or may not facilitate HUD’s number via TTY by calling the Federal review of their request. SUMMARY: HUD is seeking approval from Information Relay Service at (800) 877– Respondents: Public Housing the Office of Management and Budget 8339. Copies of available documents Authorities (PHAs)

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

...... 95 1 1 8 760 $17.11 $13,003.60

Total ......

Explanation of burden hour and cost B. Solicitation of Public Comment (3) Ways to enhance the quality, calculation: utility, and clarity of the information to This notice is soliciting comments • Number of respondents = 95 be collected; and from members of the public and affected • Frequency of response/responses per parties concerning the collection of (4) Ways to minimize the burden of annum = 1⁄1 (PHAs make one information described in Section A on the collection of information on those submission per fiscal year) the following: who are to respond; including through the use of appropriate automated • Burden hours per response = (1) Whether the proposed collection collection techniques or other forms of estimated time to complete a market of information is necessary for the analysis information technology, e.g., permitting proper performance of the functions of electronic submission of responses. • Annual burden hours = 95 * 1 *1 *8 the agency, including whether the HUD encourages interested parties to • information will have practical utility; Hourly cost per response = the submit comment in response to these average hourly pay rate earned by a (2) The accuracy of the agency’s questions. housing specialist in a PHA estimate of the burden of the proposed responsible for collecting market data collection of information; Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. • Annual cost = 760 * $17.11

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Date: May 15, 2018. Creston Hatchery Road, Kalispell, MT wildlife species. ‘‘Incidental take’’ is Merrie Nichols-Dixon, 59901 (telephone, 406–758–6882); U.S. defined by the ESA as take that is Director, Office of Policy, Programs and Fish and Wildlife Service, 585 Shepard incidental to, and not the purpose of, Legislative Initiatives. Way, Suite 1, Helena, MT 59601 carrying out an otherwise lawful [FR Doc. 2018–11305 Filed 5–24–18; 8:45 am] (telephone, 406–449–5225); and activity. Section 10(a)(1)(B) of the ESA BILLING CODE 4210–67–P Montana DNRC Forest Management contains provisions for issuing Bureau, 2705 Spurgin Rd, Missoula, MT incidental take permits to non-Federal 59804 (telephone, 406–542–4328). entities for the incidental take of • DEPARTMENT OF THE INTERIOR Information regarding the final endangered and threatened species. documents is available in alternative Regulations governing activities Fish and Wildlife Service formats upon request (see FOR FURTHER involving endangered species are at 50 INFORMATION CONTACT). CFR part 17, subpart C, and regulations [Docket No. FWS–R6–ES–2017–0044; governing activities involving FF06E11000–167–FXES11120600000] FOR FURTHER INFORMATION CONTACT: Ben Conard, Assistant Field Supervisor, threatened species are at 50 CFR part 17, Montana Department of Natural Kalispell Field Office, via email at Ben_ subpart D. Resources Final Amended Habitat [email protected] or via telephone at NEPA (42 U.S.C. 4321 et seq.) requires Conservation Plan and Final 406–758–6882; or Gary Frank, Deputy that Federal agencies conduct an Supplemental Environmental Impact Chief, Forest Management Bureau, environmental analysis of their Statement Montana DNRC, via email at gfrank@ proposed actions to determine whether mt.gov, or via telephone at 406–542 the actions may significantly affect the AGENCY: Fish and Wildlife Service, –4328. Information on this proposed human environment. Under NEPA and Interior. action is also available at the DNRC’s its implementing regulations (40 CFR 1500 et seq.), Federal agencies must also ACTION: Notice of availability. website at http://dnrc.mt.gov/divisions/ compare effects of a reasonable range of trust/forest-management/hcp. If you use SUMMARY: We, the U.S. Fish and alternatives to the proposed action. In a telecommunications device for the Wildlife Service (Service), announce the these analyses, the Federal agency will deaf, hard-of-hearing, or speech availability of the final supplemental identify potentially significant direct, disabled, please call the Federal Relay environmental impact statement (SEIS) indirect, and cumulative effects, as well Service at 800–877–8337. and final Montana Department of as possible mitigation for any significant Natural Resources Amended Habitat SUPPLEMENTARY INFORMATION: With this effects, on biological resources, land Conservation Plan (HCP) for forest notice, we are advising the public that use, air quality, water resources, management in Montana. The Montana we are providing the final SEIS and socioeconomics, environmental justice, Department of Natural Resources and amended HCP for public review. We cultural resources, and other Conservation (DNRC) applied to the jointly prepared the final SEIS for our environmental resources that could Service for an amended incidental take compliance with the National occur with the implementation of the permit (permit) under the Endangered Environmental Policy Act (NEPA) and proposed action and alternatives. DNRC’s compliance with the Montana Species Act of 1973, as amended (ESA). The Applicant’s Project DNRC is requesting authorization of Environmental Policy Act. In 2011, we issued a permit to DNRC additional incidental take of three Background federally listed and one unlisted species for take of the grizzly bear, Canada lynx, Section 9 of the ESA prohibits take of on 81,416 acres to be added to its HCP- bull trout, westslope cutthroat trout, and fish and wildlife species listed as covered lands. DNRC also amended the Columbia redband trout incidental to endangered (16 U.S.C. 1538). Under HCP to incorporate the terms of a forest management activities covered in section 3 of the ESA, the term ‘‘take’’ settlement agreement from a 2013 their HCP (75 FR 57059). The grizzly means to ‘‘harass, harm, pursue, hunt, lawsuit on the original permit. The final bear, Canada lynx, and bull trout are shoot, wound, kill, trap, capture, or SEIS considers the environmental listed as threatened under the ESA, collect, or attempt to engage in any such effects of amending the HCP and permit while the westslope and Columbia conduct’’ (16 U.S.C. 1532(19)). The term and addresses public comments redband trout are not listed species. The ‘‘harm’’ is defined in title 50 of the Code received on the 2017 draft EIS. original permit covered approximately of Federal Regulations as ‘‘an act which 548,500 acres of forested State trust DATES: The documents will be available actually kills or injures wildlife. Such lands in western Montana. The HCP for inspection through June 25, 2018. acts may include significant habitat addressed the process and contingencies We will not decide whether to issue an modification or degradation where it for DNRC to transfer, exchange, or add amended permit before the 30-day actually kills or injures wildlife by lands for their forest management review period ends. We will document significantly impairing essential activities in the future. Thus, the our decision in a record of decision behavioral patterns, including breeding, Service had considered in the 2011 final (ROD). feeding, or sheltering’’ (50 CFR 17.3). EIS the potential effects of amending the ADDRESSES: Reviewing Documents: You The term ‘‘harass’’ is defined in the HCP and permit to cover such actions, may review the final SEIS and final regulations as ‘‘an intentional or but was not able to analyze effects from amended HCP in any of the following negligent act or omission which creates adding specific lands that had not yet ways: the likelihood of injury to wildlife by been identified. The final SEIS analyzes • Internet: Go to www.regulations.gov annoying it to such an extent as to potential effects to the human and and search for Docket No. FWS–R6–ES– significantly disrupt normal behavioral natural environment from the preferred 2017–0044. patterns which include, but are not alternative to amend the permit to cover • In-person Review or Pick-up: limited to, breeding, feeding, or take from DNRC’s forest management Documents will also be available for sheltering’’ (50 CFR 17.3). activities on an additional 81,416 acres. public inspection by appointment Under section 10(a) of the ESA, the The permit’s take authorization would during normal business hours at the Service may issue permits to authorize increase for the grizzly bear, Canada U.S. Fish and Wildlife Service, 780 incidental take of listed fish and lynx, bull trout, and westslope cutthroat

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trout. Change in authorized take of the Public Review Dated: May 16, 2018. Columbia redband trout is not Marjorie Nelson, necessary, because it does not occur on Copies of the Final SEIS and Chief—Ecological Services, Mountain-Prairie the additional lands. The amended Amended HCP are available for review Region, U.S. Fish and Wildlife Service, permit would require DNRC to (see ADDRESSES). Any comment we Lakewood, Colorado. implement all applicable HCP receive will become part of the [FR Doc. 2018–11209 Filed 5–24–18; 8:45 am] conservation commitments on the administrative record and may be BILLING CODE 4333–15–P additional lands to avoid, minimize, available to the public. Before including and mitigate the impacts of the take. your address, phone number, email DEPARTMENT OF THE INTERIOR In April, 2013, Friends of the Wild address, or other personal identifying information in your comment, you Swan, Montana Environmental Bureau of Land Management Information Center, and Natural should be aware that your entire Resources Defense Council challenged comment—including your personal [F–20520; the issuance of the permit in a Federal identifying information—may be made 18X.LLAK.944000.L14100000.HY0000.P] publicly available at any time. While District Court in Montana. The Court Alaska Native Claims Selection ruled in the Service’s favor on all but you may request in your comment that one count. DNRC and the plaintiffs we withhold your personal identifying AGENCY: Bureau of Land Management, subsequently entered a settlement information from public review, we Interior. agreement for the remaining count in cannot guarantee that we will be able to ACTION: Notice of decision approving September 2015. The future addition of do so. All submissions from lands for conveyance. lands to the HCP and permit were not organizations or businesses and from part of the complaint or the settlement individuals identifying themselves as SUMMARY: The Bureau of Land agreement. The DNRC amended the representatives or officials of Management (BLM) hereby provides HCP to incorporate the terms of the organizations or businesses will be constructive notice that it will issue an settlement agreement, which would not made available for public disclosure in appealable decision approving result in any changes to the permit. their entirety. conveyance of the surface and subsurface estates in certain lands to National Environmental Policy Act In addition to our publication of this Kukulget, Inc., and Sivuqaq, Inc., both Compliance notice, the U.S. Environmental Alaska Native corporations, pursuant to Protection Agency (EPA) will publish a the Alaska Native Claims Settlement Act Issuing an amended permit is a Federal Register notice. The EPA is of 1971, as amended (ANCSA). Federal action that requires compliance charged, under section 309 of the Clean DATES: Any party claiming a property with NEPA. The amended permit would Air Act, to review all Federal agencies’ interest in the lands affected by the require the implementation of DNRC’s EISs and to comment on the adequacy decision may appeal the decision in amendments to the HCP. Therefore, the and the acceptability of the accordance with the requirements of 43 final SEIS analyzes the direct, indirect, environmental impacts of proposed CFR part 4 within the time limits set out and cumulative effects of issuing an actions in the EISs. EPA also serves as in the SUPPLEMENTARY INFORMATION amended permit and implementing the the repository for EISs prepared by section. required measures in the amended HCP Federal agencies and provides notice of to avoid, minimize, and mitigate the ADDRESSES: You may obtain a copy of impacts of the take. We also analyzed their availability in the Federal the decision from the BLM, Alaska State the effects of a no-action alternative. Register. The Environmental Impact Office, 222 West Seventh Avenue, #13, The no-action alternative includes Statement (EIS) Database provides Anchorage, Alaska 99513–7504. amending the HCP to incorporate the information about EISs prepared by FOR FURTHER INFORMATION, CONTACT: terms of the settlement agreement, Federal agencies, as well as EPA’s Eileen Bryant, BLM Alaska State Office, which is legally required, but does not comments concerning the EISs. All EISs 907–271–5715 or [email protected]. The include adding lands or issuing an are filed with EPA, which publishes a BLM Alaska State Office may also be amended permit authorizing additional notice of availability on Fridays in the contacted via a Telecommunications take. The final SEIS also includes all Federal Register. The notice of Device for the Deaf (TDD) through the comments we received on the draft SEIS availability is the start of the 30-day Federal Relay Service at 1–800–877– and our response to those comments. ‘‘wait period’’ for final EISs, during 8339. The relay service is available 24 In accordance with NEPA (40 CFR which agencies are generally required to hours a day, 7 days a week, to leave a 1502.14(e)), we identified the proposed wait 30 days before making a decision message or question with the BLM. The action as our preferred alternative in the on a proposed action. For more BLM will reply during normal business final SEIS. The action agency’s preferred information, see https://www.epa.gov/ hours. alternative is a preliminary indication of nepa. You may search for EPA SUPPLEMENTARY INFORMATION: As its preference of action, chosen from comments on EISs, along with EISs required by 43 CFR 2650.7(d), notice is among the alternatives analyzed. It is themselves, at https:// hereby given that the BLM will issue an the alternative that the agency believes cdxnodengn.epa.gov/cdx-enepa-public/ appealable decision to Kukulget, Inc., would fulfill its statutory mission and action/eis/search. and Sivuqaq, Inc. The decision approves responsibilities, giving consideration to conveyance of the surface and Authority: We provide this notice under subsurface estates in certain lands environmental, economic, technical, section 10(c) of the ESA (16 U.S.C. 1531 et and other factors (43 CFR 46.420(d)). pursuant to the ANCSA (43 U.S.C. 1601, seq.) and its implementing regulations for et seq.). The lands are located on St. The preferred alternative is not a final incidental take permits (50 CFR 17.22) and Lawrence Island, Alaska, and are agency decision; the final agency NEPA (42 U.S.C. 4371 et seq.) and its described as: decision will be presented in the ROD implementing regulations (40 CFR 1506.6; 43 after the 30-day review period for the CFR part 46). Lots 4 and 5, U.S. Survey No. 4340, Alaska. final SEIS. Containing 424.35 acres.

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The grant of the lands described above applicable law, this Order opens the Dated: April 18, 2018. shall be to Kukulget, Inc., and Sivuqaq, Inc., lands to a Federal land exchange. Joseph R. Balash, as tenants in common in the following Assistant Secretary—Lands and Minerals DATES: This PLO takes effect on May 25, proportions: Management. Kukulget, Inc., an undivided 415/842 2018. interest, and Sivuqaq, Inc., an undivided [FR Doc. 2018–11338 Filed 5–24–18; 8:45 am] 427/842 interest. FOR FURTHER INFORMATION CONTACT: BILLING CODE 3411–16–P Jacob Childers, Bureau of Land The BLM will also publish notice of Management, Oregon State Office, P.O. the decision once a week for four Box 2965, Portland, Oregon 97208– DEPARTMENT OF THE INTERIOR consecutive weeks in the Nome Nugget 2965, 503–808–6225. Persons who use a newspaper. telecommunications device for the deaf National Park Service Any party claiming a property interest (TDD) may call the Federal Relay [NPS–OIA–WASO–23628; in the lands affected by the decision Service (FRS) at 1–800–877–8339 to PIN00IO14.XI0000] may appeal the decision in accordance contact the above individual. The FRS with the requirements of 43 CFR part 4 is available 24 hours a day, 7-days a U.S. Nomination to the World Heritage within the following time limits: week. You will receive a reply during List: Hopewell Ceremonial Earthworks 1. Unknown parties, parties unable to normal business hours. be located after reasonable efforts have AGENCY: Department of the Interior, been expended to locate, parties who SUPPLEMENTARY INFORMATION: The National Park Service. fail or refuse to sign their return receipt, Bureau of Land Management (BLM), ACTION: Second notice. with concurrence of the Federal Energy and parties who receive a copy of the SUMMARY: This notice announces the Regulatory Commission, has determined decision by regular mail which is not decision to request that a draft that a portion of the lands classified for certified, return receipt requested, shall nomination of the Hopewell Ceremonial water power purposes under Water have until June 25, 2018 to file an Earthworks for inclusion on the United Power Designation No. 14 will not be appeal. Nations Educational, Scientific and injured by conveyance out of Federal 2. Parties receiving service of the Cultural Organization (UNESCO) World ownership. Any land conveyance will decision by certified mail shall have 30- Heritage List be prepared. The decision days from the date of receipt to file an be subject to the General Exchange Act is the result of consultation with the appeal. of 1922 (16 U.S.C. 485); the Federal Federal Interagency Panel for World Parties who do not file an appeal in Land Policy and Management Act of Heritage and the review of public accordance with the requirements of 43 October 21, 1976, as amended (43 U.S.C. comments submitted in response to CFR part 4 shall be deemed to have 1716); and the Act of November 23, earlier notices. This notice complies waived their rights. Notices of appeal 1977 (91 Stat. 1425) authorizing the with applicable World Heritage Program transmitted by facsimile will not be administration of the Bull Run regulations. Watershed. accepted as timely filed. ADDRESSES: To request paper copies of Eileen Bryant, Order documents discussed in this notice, Land Transfer Resolution Specialist, contact April Brooks, Office of Adjudication Section. By virtue of the authority vested in International Affairs, NPS, 1849 C St. the Secretary of the Interior by Section [FR Doc. 2018–11337 Filed 5–24–18; 8:45 am] NW, Room 3313, Washington, DC 204 of the Federal Land Policy and _ BILLING CODE 4310–JA–P 20240. Email: april [email protected]. Management Act of 1976, 43 U.S.C. Information on the U.S. World Heritage 1714, it is ordered as follows: program can be found at https:// DEPARTMENT OF THE INTERIOR 1. The withdrawal created by a www.nps.gov/subjects/ Secretarial Order dated December 12, internationalcooperation/ Bureau of Land Management 1917, which established Water Power worldheritage.htm. Designation No. 14, is hereby revoked FOR FURTHER INFORMATION CONTACT: [LLOR–936000–L14400000–ET0000; HAG– insofar as it affects the following Jonathan Putnam, 202–354–1809 or 17–0166; OR–19014] described Revested Oregon and April Brooks, 202–354–1808. California Railroad Grant lands: Public Land Order No. 7867: Partial SUPPLEMENTARY INFORMATION: Withdrawal Revocation, Water Power Willamette Meridian Background: The World Heritage List Designation No. 14, Oregon is an international list of cultural and T. 1 S., R. 6 E., natural properties nominated by the Sec. 9, SE1⁄4SE1⁄4SE1⁄4; AGENCY: Bureau of Land Management, signatories to the World Heritage Sec. 17, E1⁄2NE1⁄4, SE1⁄4SW1⁄4NE1⁄4, Interior. Convention (1972). The United States SE1⁄4NE1⁄4SW1⁄4, S1⁄2SW1⁄4, and SE1⁄4. ACTION: Public Land Order (PLO). The area described contains 350 acres in was the prime architect of the Multnomah County. Convention, an international treaty for SUMMARY: This Order revokes in part a preservation of natural and cultural Secretarial Order dated December 12, 2. At 9 a.m. on May 25, 2018 the lands heritage sites of global significance 1917, which established Water Power described in Paragraph 1 are hereby proposed by President Richard M. Designation No. 14, insofar as it affects opened to such forms of disposition as Nixon, and the U.S. was the first nation 350 acres of Revested Oregon and may be made of the Revested Oregon to ratify it. The World Heritage California Railroad Grant Lands and California Railroad Grant lands, Committee, composed of representatives administered by the United States subject to Section 24 of the Federal of 21 nations periodically elected as the Forest Service. Subject to valid existing Power Act of June 10, 1920, as amended governing body of the World Heritage rights, Section 24 of the Federal Power (16 U.S.C. 818), to valid existing rights, Convention, makes the final decisions Act, the provisions of existing the provisions of existing withdrawals, on which nominations to accept on the withdrawals, other segregations of other segregations of record, and the World Heritage List at its annual record, and the requirements of requirements of applicable law. meeting each summer.

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There are 1,052 sites in 165 of the 192 previous opportunities for public standard units of measure. They also signatory countries. Currently there are comment. These included demonstrate sophisticated astronomical 23 World Heritage Sites in the United approximately 80 expressions of observation, and contain extensive States. U.S. participation and the roles support for a nomination by the deposits of artifacts that are among the of the Department and the National Park property owners and managers, non- most outstanding art objects produced Service (NPS) are authorized by Title IV profit organizations, elected officials at in pre-Columbian North America. The of the Historic Preservation Act the local, state, and Federal levels, property includes below-ground Amendments of 1980 and conducted in representatives of Indian tribes, evidence as well. accordance with 36 CFR 73—World universities, and individuals, as well as Next Steps: A draft World Heritage Heritage Convention. The NPS serves as an internet petition with over 800 the principal technical agency for World signatures. Some earlier comments also nomination for the Hopewell Heritage in the Department, which has suggested that the nomination be made Ceremonial Earthworks may now be the lead role for the U.S. Government in in combination with North American prepared, in consultation with the the implementation of the Convention earthworks of other periods, but the National Park Service’s Office of and manages all or parts of 18 of the 23 Department has determined that such an International Affairs. The World U.S. World Heritage Sites, including approach would be too broadly defined Heritage nomination format may be Yellowstone National Park, the to present a clear justification to meet found at the World Heritage Centre Everglades, and the Statue of Liberty. the World Heritage criteria. There were website in Annex 5 of the Operational Each State Party to the Convention no comments against nominating the Guidelines of the World Heritage maintains a Tentative List, periodically properties. There were no comments Convention at http://whc.unesco.org/en/ updated, of properties that are made in the current comment period guidelines. The NPS will coordinate the considered suitable for nomination. recommending the nomination of any review and evaluation of the draft Only properties on the official Tentative other properties on the Tentative List. nomination and will establish in List are eligible to officially prepare The Department considered all consultation with the property owners nominations that the Department may comments received as well as the advice and managers a memorandum that consider for submission. The Hopewell of the Federal Interagency Panel for describes the roles, responsibilities, and Ceremonial Earthworks have been World Heritage. The Panel made its process to be followed in developing a included on the U.S. Tentative List recommendations to the Department on nomination, including the since January 24, 2008. Neither the next U.S. World Heritage documentation of protective measures inclusion in the list nor inscription as nomination at a meeting on January 6, as provided for in 36 CFR 73.13. a World Heritage Site imposes legal 2017. The Panel agreed by consensus to restrictions on owners or neighbors of Following NPS review of a complete support the preparation of a nomination draft nomination, the Department may sites, nor does it give the United Nations at this time for the Hopewell any management authority or ownership submit it to the World Heritage Centre Ceremonial Earthworks. for technical review by September 30 of rights in U.S. World Heritage Sites, The Department has selected the which continue to be subject only to any year. The Centre will then provide Hopewell Ceremonial Earthworks as a comments by November 15 of that year. U.S. law. proposed nomination to the World NPS regulations at 36 CFR part 73 The Federal Interagency Panel for World Heritage List. With the assistance of the establish the process for making Heritage will review a draft nomination Department, the owners of this group of nominations to the World Heritage List. following receipt of the Centre’s sites are encouraged to prepare a This is the second notice as required by comments. The Interagency Panel will complete nomination document in 36 CFR 73.7(f) on the proposed evaluate the adequacy of the accordance with 36 CFR part 73 and the nomination of the Hopewell Ceremonial nomination format required by the nomination, the significance of the Earthworks. On December 9, 2016, the World Heritage Committee. property and whether the nomination Department requested public comment Hopewell Ceremonial Earthworks in should be formally submitted to the on which property or properties on the Ohio includes: World Heritage Centre for consideration U.S. World Heritage tentative list should by the World Heritage Committee, and • Hopewell Culture National Historical be nominated next by the United States will make a recommendation to the to the World Heritage List. This was the Park, including the Mound City Group, Hopewell Mound Group, Seip Department. Submittal to the World First Notice in the Federal Register (81 Heritage Centre by the Department FR 89143), as required by 36 CFR Earthworks, High Bank Earthworks, and Hopeton Earthworks through the Department of State can be 73.7(c). made by February 1 of any year; the The Federal Interagency Panel for • Newark Earthworks State Memorial, World Heritage Committee will then World Heritage assists the Department including the Octagon Earthworks, in implementing the Convention by Great Circle Earthworks, and Wright consider the nomination at its annual making recommendations on U.S. Earthworks meeting in the summer of the following • World Heritage policy, procedures, and Fort Ancient State Memorial year, following an evaluation by an nominations. The Panel is chaired by Dating from the middle Woodland official Advisory Body to the the Assistant Secretary for Fish and period (1,500–2,200 years ago) the Committee. Wildlife and Parks and includes Hopewell people built enormous, Authority: 54 U.S.C. 307 101; 36 CFR part representatives from various Federal landscape-scale geometric earthwork 73. sites over a large area of southern Ohio, Departments and agencies with Federal Dated: April 24, 2018. land management and policy-making in an extraordinary expression of pre- responsibilities. Columbian ritual cultural activity which Susan Combs, Decision to Request the Preparation of was at the center of a tradition that Senior Advisor to the Secretary, Exercising a New U.S. World Heritage Nomination: interacted with people as far away as the Authority of the Assistant Secretary for The Department received a large the Yellowstone basin and Florida. The Fish and Wildlife and Parks. number of comments on this proposal, circles, squares and octagons are [FR Doc. 2018–11363 Filed 5–24–18; 8:45 am] including those made in response to intricately related by precise and BILLING CODE 4312–52–P

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DEPARTMENT OF THE INTERIOR on US–64 from US–491 in Shiprock, • Cortez Public Library—202 N. Park New Mexico. Street, Cortez, CO 81321. Between the Office of Surface Mining Reclamation • On Friday, June 29th from 4:00 p.m. hours of 9:00 a.m. and 7:00 p.m. and Enforcement to 7:00 p.m. at the Durango Community Monday through Thursday; 9:00 a.m. [S1D1S SS08011000 SX064A000 Recreation Center at 2700 Main Avenue, and 4:00 p.m. Friday through Saturday Durango, Colorado. (Closed Sunday). 189S180110; S2D2S SS08011000 SX064A00 • 18XS501520] At a minimum of 15 days prior to Durango Public Library—1900 E. each event, the foregoing times, dates, Third Ave, Durango, CO 81301. Notice of Availability for the San Juan and specific locations for these meetings Between the hours of 8:00 a.m. and 8:00 Mine Deep Lease Extension Mining will be announced through email p.m. Monday through Wednesday; 9:00 Plan Modification Draft Environmental notifications, local newspapers, radio a.m. and 5:30 p.m. Thursday through Impact Statement announcements, and the OSMRE Saturday (Closed Sunday). • Western Region (WR) website https:// Farmington Public Library—2101 AGENCY: Office of Surface Mining www.wrcc.osmre.gov/ Farmington Ave, Farmington, NM Reclamation and Enforcement, Interior. sanJuanMine.shtm. 87401. Between the hours of 9:00 a.m. ACTION: Notice of availability. OSMRE WR offers the following and 9:00 p.m. Monday through Thursday; 9:00 a.m. and 5:00 p.m. SUMMARY: In accordance with the accommodations for the meetings: 1. Navajo and Ute interpreters will be Friday through Saturday; and, 1:00 p.m. National Environmental Policy Act and 5:00 p.m. on Sunday. (NEPA) of 1969, as amended, the Office present at meetings held on the Navajo FOR FURTHER INFORMATION CONTACT: For of Surface Mining Reclamation and and Southern Ute Reservations. further information about the Project Enforcement (OSMRE) has prepared a 2. For reasonable accommodations and/or to have your name added to the Draft Environmental Impact Statement regarding disabilities that may impact your ability to attend or comment, mailing list, contact: Gretchen Pinkham, (EIS) for the San Juan Coal Company’s OSMRE Project Manager, at 303–293– (SJCC) proposed Deep Lease Extension contact Gretchen Pinkham, OSMRE Project Manager, at 303–293–5088 or by 5088 or by email at osm-nepa-nm@ (DLE) at the existing San Juan Mine osmre.gov. Persons who use a (Project) in San Juan County, New email at [email protected], at least one week before the meeting. telecommunications device for the deaf Mexico, and by this notice is may call the Federal Information Relay ADDRESSES: Comments on the Draft EIS announcing the opening of the comment Service (FIRS) at 1–800–877–8339 to may be submitted in paper form or by period. contact the above individual during email. At the top of your letter or in the DATES: This Notice of Availability normal business hours. The FIRS is subject line of your email message, (NOA) initiates the public review available 24 hours a day, 7 days a week, please indicate that the comments are period. To ensure consideration of your to leave a message or question with the ‘‘San Juan Mine DLE EIS Comments.’’ comments, OSMRE must receive your above individual. You will receive a • Email—Comments should be sent electronic or written comments by the reply during normal business hours. close of the 45-day public comment to: [email protected]. • SUPPLEMENTARY INFORMATION: period on July 9, 2018. Mail/Courier—Written comments OSMRE will host public comment should be sent to: Office of Surface I. Background on the Project meetings where written and/or verbal Mining Reclamation and Enforcement, II. Background on the San Juan Generating Station comments may be submitted. These c/o Catalyst Environmental Solutions, P.O. Box 56539, Sherman Oaks, CA III. Mining Plan Modification for the DLE meetings will be open-house style with IV. Alternatives information stations around the meeting 91413. V. Environmental Impact Analysis room that provide overviews of the You can download the Draft EIS at the VI. Public Comment Procedures Project, NEPA process, analysis of following OSMRE WR website: https:// I. Background on the Project resources/issues in the Draft EIS, and www.wrcc.osmre.gov/ how to submit a comment. Subject sanJuanMine.shtm. Paper and electronic As established by the Mineral Leasing matter experts will be present to discuss copies of the Draft EIS are available for Act (MLA) of 1920, the Surface Mining the key issues and answer your review at the OSMRE Western Region Control and Reclamation Act (SMCRA) questions. There will be oral and Office, 1999 Broadway Street, Suite of 1977, as amended (30 U.S.C. 1201– written comment stations at the 3320, Denver, Colorado 80202. In 1328), and the Cooperative Agreement meetings where you can submit addition, a paper and electronic copy of between the State of New Mexico and comments. the Draft EIS is available for review at the Secretary of the U.S. Department of The public comment meetings will be each of the following locations: the Interior (DOI) in accordance with held at the following locations: • Bureau of Land Management (BLM) Section 523(c) of SMCRA (30 U.S.C. • On Monday, June 25th from 5:00 Farmington Field Office—6251 College 1273(c)), SJCC’s Permit Application p.m. to 8:00 p.m. at the Indian Pueblo Blvd., Suite A, Farmington, NM, 87402. Package (PAP) must be reviewed by Cultural Center at 2401 12th St. NW, Between the hours of 9:00 a.m. and 4:00 OSMRE and a mining plan modification Albuquerque, New Mexico. p.m. Monday through Friday (Closed approved by the Assistant Secretary for • On Tuesday, June 26th from 5:00 Saturday and Sunday). Land and Minerals Management p.m. to 8:00 p.m. at the Farmington City • Navajo Nation Library—Highway (ASLM) before SJCC may significantly Civic Center at 200 West Arrington St., 264 Loop Road, Window Rock, AZ disturb the environment in order to Farmington, New Mexico. 86515. Between the hours of 8:00 a.m. develop the DLE Federal Coal Lease • On Wednesday, June 27th from 5:00 and 5:00 p.m. Monday through Saturday Tract NM–99144. The NM Mining and p.m. to 8:00 p.m. at the Ute Community (Closed Sunday). Minerals Division (NM MMD) is the Center at 785 Sunset Blvd., Towaoc, • Albuquerque Main Library—501 SMCRA regulatory authority principally Colorado. Copper Ave NW, Albuquerque, NM responsible for reviewing and approving • On Thursday, June 28th from 5:00 87102. Between the hours of 10:00 a.m. PAPs. Under the MLA, OSMRE is p.m. to 8:00 p.m. at the Shiprock High and 6:00 p.m. Monday through Saturday responsible for making a School approximately a half-mile west (Closed Sunday). recommendation to the ASLM about

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whether the proposed mining plan but would authorize the recovery of energy generation units (Units 2 and 3) modification should be approved, approximately 53 million tons of coal on December 19, 2017, decreasing the disapproved, or approved with from 4,464.87 acres of federal coal and power output from approximately 1,800 conditions (30 CFR 476.13). The NM would add approximately 10 to 15 years megawatts to 910 megawatts MMD approved the PAP for the DLE on to the life of the operation until 2033. (specifically, Units 2 and 3). The October 22, 1999. The ASLM first For reasons discussed in sections II and continued operation of Units 1 and 4 approved the mining plan modification III below, annual production rates of the will require approximately 3 million for DLE Federal Coal Lease Tract NM– mine are projected to be approximately tons of coal per year to produce the 910 99144 on January 17, 2008, after 3 million tons per year in order to meet megawatts. receiving a recommendation from the contractual obligations with the OSMRE for approval that included a Generating Station. III. Mining Plan Modification for the Finding of No Significant Impact signed The BLM, U.S. Environmental DLE by OSMRE in 2007 and the Bureau of Protection Agency (EPA), U.S. Fish and SJCC’s mining plan modification Land Management’s (BLM) 1998 Wildlife Service (USFWS), and New would continue to develop the DLE, decision record on an amendment to the Mexico MMD are Cooperating Agencies Federal Lease NM–99144, within the 1988 Farmington Resource Management for this EIS. As the NEPA analysis San Juan Mine. Due to the retirement of Plan to include Federal Coal Lease Tract proceeds, OSMRE is also consulting energy generating Units 2 and 3, the NM–99144. with the New Mexico State Historic annual production rate of the DLE was OSMRE’s NEPA analysis supporting Preservation Officer in compliance with reduced from the previous annual the 2008 mining plan modification was Section 106 of the National Historic production rate of 6 million tons to an challenged in the U.S. District Court of Preservation Act (NHPA) of 1966, as annual production rate of approximately New Mexico. WildEarth Guardians v. amended (54 U.S.C. 300101–307108), as 3 million tons beginning in 2017. U.S. Office of Surface Mining et al., Case provided for in 36 CFR part 800.2(d)(3) Federal lease NM–99144 encompasses 1:14–cv–00112–RJ–CG (D. NM) and providing for public involvement, 4,464.87 acres and includes: (amended petition filed March 14, as required. Consultations with Native Township 30, North, Range 14 West, 2014). On August 31, 2016, the Court American Tribes are being conducted in New Mexico Prime Meridian granted OSMRE’s Motion for voluntary accordance with DOI policy. Section 17: All; remand, which remanded the matter to As part of its consideration of impacts Section 18: All; OSMRE to prepare an EIS within three of the proposed Project on threatened Section 19: All; years of the Court’s order. The Draft EIS and endangered species, OSMRE Section 20: All; available today has been prepared in initiated formal consultation with the Section 29: All; accordance with the voluntary remand. USFWS on May 8, 2018, pursuant to Section 30: All; and portions of The San Juan Mine has contractual Section 7 of the Endangered Species Act Section 31: (Lots 1, 2, 3, and 4). obligations to deliver approximately 3 (ESA) of 1973, as amended (16 U.S.C. Upon completion of the EIS process million tons of coal per year to the San 1531 et seq.) and its implementing and issuance of the Record of Decision, Juan Generating Station (Generating regulations. The consultation considers OSMRE will submit a mine plan Station) from 2008 through 2033. direct and indirect impacts from the decision document to the ASLM to Mining activities within the DLE have proposed Project, including Project recommend approval, disapproval, or been ongoing since OSMRE approval in related coal combustion emissions approval with conditions of the 2008 and continue presently. Per the generated by the generating station. proposed mining plan modification for voluntary remand, mining operations In addition to compliance with NEPA, the continuation or cessation of the San within the DLE are allowed to proceed NHPA Section 106, and ESA Section 7, Juan Mine to mine the DLE within during the EIS process. However, the all Federal actions will be in federal coal lease NM–99144. The court-approved voluntary remand compliance with applicable ASLM will decide whether the mining indicated that the Secretary’s approval requirements of the SMCRA; the CWA, plan modification is approved, of the 2008 mining plan modification 33 U.S.C. 1251–1387; the Clean Air Act disapproved, or approved with for the DLE would be vacated if the of 1970, as amended, 42 U.S.C. 7401– conditions. agency does not complete the required 7671q; the Native American Graves IV. Alternatives NEPA analysis in a timely manner. As Protection and Repatriation Act of 1990, a result, OSMRE has prepared this Draft as amended, 25 U.S.C. 3001–3013; and The analysis in the Draft EIS EIS to re-evaluate its previous mining all applicable laws, regulation, and considers direct, indirect, and plan modification recommendation for Executive Order on topics such as cumulative impacts of the Proposed this area. Among other information, this Environmental Justice, Sacred Sites, and Action and two Alternatives. Per 40 CFR Draft EIS considers (1) the PAP Tribal Consultation. 1501.7, the issues raised during the submitted to OSMRE and NM MMD, scoping period (March 22–May 8, 2017) and (2) new information available since II. Background on the San Juan were used to inform the analyses and the 2008 MPDD approval for potentially Generating Station identify the alternatives considered in affected resources considered under The Generating Station, operated by the Draft EIS. Alternatives for the direct, indirect, and cumulative the Public Service Company of New Project that were analyzed in the Draft analytical frameworks. Mexico, is one of the largest coal-fired EIS include: The DLE underground operations use generating stations in the United States (a) Alternative A—Proposed Action: longwall mining methods consisting of and provides power to customers in As described above in Section I, second one longwall miner and two continuous Arizona, New Mexico, and Utah. The paragraph. The Proposed Action miners (i.e. pieces of equipment). The generating station is located Alternative would be as approved from mine employed approximately 282 approximately 4 miles northeast of the time of the original PAP and initial people in 2017. The mining plan Waterflow, NM and 15 miles west of approval of the mining plan modification would not add any acres of Farmington, NM. Pursuant to an modification in 2008 until 2033. federal surface lands or any acres of agreement with the EPA, the Generating (b) Alternative B—Continuation of federal coal to the approved permit area Station shut down two of the four San Juan Mine Operations Following

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Generating Station Shut-Down in 2022: • Water Resources and Hydrology organizations or businesses will be This alternative assumes that that the • Vegetation available for public review to the extent remaining units of the Generating • Wildlife and Habitats consistent with applicable law. • Station shut down in 2022, but that Special Status Species Dated: May 17, 2018. • Land Use, Transportation, and mining continues at the DLE at the same David Berry, rate (approximately 3 million tons Agriculture Regional Director, Western Region. annually) from 2023 through 2033. After • Recreation • 2023, this alternative assumes that the Social and Economic Values [FR Doc. 2018–11107 Filed 5–24–18; 8:45 am] • mine will send the coal to an Environmental Justice BILLING CODE 4310–05–P • unidentified coal-fired power plant. Visual Resources • Noise and Vibration impacts Without knowing the location of the • end-use of the DLE coal, the Draft EIS Hazardous and Solid Wastes • INTERNATIONAL TRADE bounds the potential effects of Public Health and Safety COMMISSION combusting DLE coal at an unidentified VI. Public Comment Procedures power plant by relying on the analysis In accordance with the Council on of effects at the San Juan Generating [Investigation No. 731–TA–921 (Third Environmental Quality’s regulations for Station. Under Alternative B, the mining Review)] implementing NEPA and the DOI’s techniques would be identical to those NEPA regulations, OSMRE is soliciting Folding Gift Boxes From China; for the Proposed Action. public comments on the Draft EIS. The Scheduling of an Expedited Five-Year (c) Alternative C—No Action comment period is being held over 45 Review Alternative: This alternative assumes days from July 9, 2018. that OSMRE would recommend that the Written comments, including email AGENCY: United States International ASLM disapprove the mining plan comments, should be sent to OSMRE at Trade Commission. modification for the DLE at the San Juan the addresses given in the ADDRESSES Mine, the ASLM disapproves of the ACTION: Notice. section of this NOA. Comments should mining plan, and mining ceases on be specific and pertain only to the August 31, 2019. Implementation of the SUMMARY: The Commission hereby gives issues relating to the Project and Draft No Action Alternative would result in notice of the scheduling of an expedited EIS. If you would like to be placed on the discontinuation of mining activities review pursuant to the Tariff Act of the mailing list to receive future at San Juan Mine and cessation of 1930 (‘‘the Act’’) to determine whether information, please contact the person burning coal from San Juan Mine at the revocation of the antidumping duty listed under FOR FURTHER INFORMATION Generating Station on August 31, 2019. order on folding gift boxes from China CONTACT, above. Considering mining activities in the would be likely to lead to continuation If you require reasonable DLE have been ongoing since 2008 and or recurrence of material injury within accommodation to attend one of the will continue throughout the NEPA a reasonably foreseeable time. meetings, please contact the person process, the baseline conditions for the listed under FOR FURTHER INFORMATION DATES: May 7, 2018. No Action Alternative includes mining CONTACT at least one week before the through August 2019. FOR FURTHER INFORMATION CONTACT: Abu meeting. A wide range of additional Kanu (202–(202) 205–2597), Office of Alternatives were considered by Availability of Comments Investigations, U.S. International Trade OSMRE but not carried forward for Commission, 500 E Street SW, OSMRE will include all comments in Washington, DC 20436. Hearing- detailed analysis in the Draft EIS. The the project’s administrative record. following Alternatives were not impaired persons can obtain These comments, including name of information on this matter by contacting analyzed in the Draft EIS because they respondent, address, phone number, either did not meet the purpose and the Commission’s TDD terminal on 202– email address, or other personal 205–1810. Persons with mobility need of the Project or were not identifying information, will be considered technically feasible or impairments who will need special available for public review during assistance in gaining access to the economically feasible or cost-effective: normal business hours. Comments • Alternative D—Alternative Panel Commission should contact the Office submitted anonymously will be of the Secretary at 202–205–2000. Alignment, Timing or Sequence accepted and considered; however, • Alternative E—Continue to Mine at a General information concerning the those who submit anonymous Rate of 6 Million Tons Per Year Commission may also be obtained by • Alternative F—Modifications to comments may not have standing to accessing its internet server (https:// Underground Mining Technique appeal the subsequent decision. www.usitc.gov). The public record for • Alternative G—Relocation of Portal Before including your address, phone this review may be viewed on the Sites number, email address, or other Commission’s electronic docket (EDIS) • Alternative H—Alternative Coal personal identifying information in your at https://edis.usitc.gov. comment, you should be aware that Combustion Residue Disposal Sites SUPPLEMENTARY INFORMATION: • Alternative I—‘‘Just’’ Transition your entire comment—including your Alternative personal identifying information—will Background.—On May 7, 2018, the be publicly available. While you can ask Commission determined that the V. Environmental Impact Analysis us in your comment to withhold your domestic interested party group The Draft EIS analyzes the potential personal identifying information from response to its notice of institution (83 environmental impacts to 16 different public review, we cannot guarantee that FR 4679, February 1, 2018) of the resource categories, including: we will be able to do so. subject five-year review was adequate • Air Quality All submissions from organizations or and that the respondent interested party • Climate Change businesses and from individuals group response was inadequate. The • Geology and Soils identifying themselves as Commission did not find any other • Archaeology and Cultural Resources representatives or officials of circumstances that would warrant

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conducting a full review.1 Accordingly, 2014), and the revised Commission Building, 500 E Street SW, Washington, the Commission determined that it Handbook on E-filing, available from the DC. All written submissions should be would conduct an expedited review Commission’s website at https:// addressed to the Secretary, United pursuant to section 751(c)(3) of the edis.usitc.gov. States International Trade Commission, Tariff Act of 1930 (19 U.S.C. In accordance with sections 201.16(c) 500 E Street SW, Washington, DC 1675(c)(3)).2 and 207.3 of the rules, each document 20436. The public record for this For further information concerning filed by a party to the review must be investigation may be viewed on the the conduct of this review and rules of served on all other parties to the review Commission’s electronic docket (EDIS) general application, consult the (as identified by either the public or BPI at https://edis.usitc.gov. Commission’s Rules of Practice and service list), and a certificate of service FOR FURTHER INFORMATION CONTACT: Procedure, part 201, subparts A and B must be timely filed. The Secretary will Information specific to this investigation (19 CFR part 201), and part 207, not accept a document for filing without may be obtained from Sabina Neumann, subparts A, D, E, and F (19 CFR part a certificate of service. Project Leader, Office of Industries 207). (202–205–3000 or sabina.neumann@ Staff report.—A staff report Authority: This review is being conducted under authority of title VII of the Tariff Act usitc.gov), Mark Brininstool, Deputy containing information concerning the of 1930; this notice is published pursuant to Project Leader, Office of Industries subject matter of the review will be section 207.62 of the Commission’s rules. (202–708–1395 or mark.brininstool@ placed in the nonpublic record on June usitc.gov), or Marin Weaver, Technical 1, 2018, and made available to persons By order of the Commission. Advisor, Office of Industries (202–205– on the Administrative Protective Order Issued: May 22, 2018. 3461 or [email protected]). For service list for this review. A public Lisa Barton, information on the legal aspects of this version will be issued thereafter, Secretary to the Commission. investigation, contact William Gearhart pursuant to section 207.62(d)(4) of the [FR Doc. 2018–11301 Filed 5–24–18; 8:45 am] of the Commission’s Office of the Commission’s rules. BILLING CODE 7020–02–P Written submissions.—As provided in General Counsel (202–205–3091 or section 207.62(d) of the Commission’s [email protected]). The media rules, interested parties that are parties INTERNATIONAL TRADE should contact Margaret O’Laughlin, to the review and that have provided COMMISSION Office of External Relations (202–205– individually adequate responses to the 1819 or [email protected]). [Investigation No. 332–567] notice of institution,3 and any party Hearing-impaired individuals may other than an interested party to the obtain information on this matter by Generalized System of Preferences: contacting the Commission’s TDD review may file written comments with Possible Modifications, 2017 Review the Secretary on what determination the terminal at 202–205–1810. General Commission should reach in the review. AGENCY: United States International information concerning the Commission Comments are due on or before June 6, Trade Commission. may also be obtained by accessing its 2018 and may not contain new factual ACTION: Notice of institution of website (http://www.usitc.gov). Persons information. Any person that is neither investigation and scheduling of public with mobility impairments who will a party to the five-year review nor an hearing. need special assistance in gaining access interested party may submit a brief to the Commission should contact the written statement (which shall not SUMMARY: Following receipt of a request Office of the Secretary at 202–205–2000. contain any new factual information) on May 18, 2018, from the United States Background: In his letter, the USTR pertinent to the review by June 6, 2018. Trade Representative (USTR), the U.S. requested the advice and information However, should the Department of International Trade Commission described below. Commerce (‘‘Commerce’’) extend the (Commission) instituted investigation (1) Advice concerning the probable time limit for its completion of the final No. 332–567, Generalized System of economic effect of elimination of U.S. results of its review, the deadline for Preferences: Possible Modifications, import duties on certain articles from all comments (which may not contain new 2017 Review, for the purpose of beneficiary developing countries under factual information) on Commerce’s providing advice and information the GSP program. In accordance with final results is three business days after relating to the possible designation of sections 503(a)(1)(A), 503(e), and 131(a) the issuance of Commerce’s results. If additional articles, removal of articles, of the Trade Act of 1974, as amended comments contain business proprietary waiver of competitive need limitations, (‘‘the 1974 Act’’) and pursuant to the information (BPI), they must conform redesignation of articles, and denial of authority of the President delegated to with the requirements of sections 201.6, a de minimis waiver. the USTR by sections 4(c) and 8(c) and 207.3, and 207.7 of the Commission’s DATES: (d) of Executive Order 11846 of March rules. The Commission’s rules with June 4, 2018: Deadline for filing requests 31, 1975, as amended, and pursuant to respect to filing were revised effective to appear at the public hearing. section 332(g) of the Tariff Act of 1930, July 25, 2014. See 79 FR 35920 (June 25, June 7, 2018: Deadline for filing pre- the USTR notified the Commission that hearing briefs and statements. the articles identified in Table A of the 1 A record of the Commissioners’ votes, the June 14, 2018: Public hearing. Annex to the USTR request letter are Commission’s statement on adequacy, and any June 21, 2018: Deadline for filing post- being considered for designation as individual Commissioner’s statements will be hearing briefs and statements. eligible articles for purposes of the GSP available from the Office of the Secretary and at the June 21, 2018: Deadline for filing all Commission’s website. program. The USTR requested that the 2 Vice Chairman David S. Johanson voted to other written submissions. Commission provide its advice as to the conduct a full review. Commissioner Jason E. September 7, 2018: Transmittal of probable economic effect on total U.S. Kearns did not participate. Commission report to the USTR. imports, U.S. industries producing like 3 The Commission has found the responses ADDRESSES: All Commission offices, or directly competitive articles, and on submitted by Harvard Folding Box Company, Inc. and P.S. Greetings, Inc. to be individually adequate. including the Commission’s hearing U.S. consumers of the elimination of Comments from other interested parties will not be rooms, are located in the United States U.S. import duties on the articles accepted (see 19 CFR 207.62(d)(2)). International Trade Commission identified in Table A of the Annex to

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the USTR request letter for all beneficiary developing countries under the GSP program (see Table A below).

TABLE A—PETITIONS SUBMITTED FOR PRODUCTS TO BE CONSIDERED FOR ADDITION TO THE LIST OF GSP-ELIGIBLE PRODUCTS

HTS subheading Brief description Countries

0808.30.40 ...... Pears, fresh, if entered during the period from July 1 through the following March 31, in- Beneficiary Developing Countries. clusive. 0814.00.80 ...... Peel of citrus fruit, excl. orange or citron and peel, nesi, of melon, fresh, frozen, dried or Beneficiary Developing Countries. provisionally preserved. 1207.29.00 ...... Cotton seeds, whether or not broken, other than seed for sowing ...... Beneficiary Developing Countries. 1512.11.00 ...... Sunflower-seed or safflower oil, crude, and their fractions, whether or not refined, not Beneficiary Developing Countries. chemically modified. 2008.99.05 ...... Apples, otherwise prepared or preserved, nesi ...... Beneficiary Developing Countries. 2918.99.05 ...... p-Anisic acid; clofibrate and 3-phenoxybenzoic acid ...... Beneficiary Developing Countries. 2918.99.43 ...... Aromatic carboxylic acids with additional oxygen function and their anhydrides, halide, Beneficiary Developing Countries. etc deriv described in add US note 3 to sect VI, nesoi. 2918.99.47 ...... Other aromatic carboxylic acids with additional oxygen function and their anhydrides, Beneficiary Developing Countries. halide, etc deriv (excluding goods in add US note 3 to sec VI). 4010.33.30 ...... Transmission V-belts of vulcanized rubber, V-ribbed, circumference exceeding 180 cm Beneficiary Developing Countries. but not exceeding 240 cm, combined with textile materials.

(2) Advice concerning the probable countries. Under authority delegated by eligibility for duty-free treatment under economic effect of removal of certain the President, pursuant to section 332(g) the GSP program for these articles from articles from certain countries from of the Tariff Act of 1930, with respect certain countries on total U.S. imports, eligibility for duty-free treatment. The to the article listed in Table B of the U.S. industries producing like or USTR notified the Commission that two Annex to the USTR request letter, the directly competitive articles, and on articles are being considered for removal USTR requested that the Commission U.S. consumers (see Table B below). from eligibility for duty free treatment provide its advice as to the probable under the GSP program from certain economic effect of the removal from

TABLE B—PETITIONS SUBMITTED TO REMOVE DUTY-FREE STATUS FROM CERTAIN COUNTRIES FOR A PRODUCT ON THE LIST OF ELIGIBLE ARTICLES FOR THE GENERALIZED SYSTEM OF PREFERENCES

HTS subheading Brief description Country

2009.89.6011 and 2009.89.6019 ...... Cherry juice—Part of 2009.89.60 ‘‘Juice of any other single fruit, nesoi’’ ...... Turkey. 3920.51.50 ...... Nonadhesive plates, sheets, film, foil and strip, noncellular, not combined Indonesia and Thailand. with other materials, of polymethyl methacrylate, not flexible.

(3) Advice concerning waiver of limitations (CNL) specified in section the 1974 Act, the USTR requested that certain competitive need limitations. 503(c)(2)(A) of the 1974 Act for the the Commission use the dollar value Under authority delegated by the countries and articles specified in Table limit of $180,000,000. Further, pursuant President, pursuant to section 332(g) of C of the attached Annex to the request to section 332(g) of the Tariff Act of the Tariff Act of 1930, and in letter (see Table C below). The USTR 1930 and in accordance with section accordance with section 503(d)(1)(A) of also requested that the Commission 503(c)(2)(E) of the 1974 Act, the USTR the 1974 Act, the USTR requested that provide its advice as to the probable requested that the Commission provide the Commission provide advice on economic effect on total U.S. imports, as its advice with respect to whether a like whether any industry in the United well as on consumers, of the requested or directly competitive article was States is likely to be adversely affected waivers. With respect to the competitive produced in the United States in any of by a waiver of the competitive need need limit in section 503(c)(2)(A)(i)(I) of the preceding three calendar years.

TABLE C—PETITIONS SUBMITTED FOR WAIVER OF GSP CNLS

HTS subheading Brief description Country

0410.00.00 ...... Edible products of animal origin, nesi ...... Indonesia. 2836.91.00 ...... Lithium carbonates ...... Argentina. 3301.13.00 ...... Essential oils of lemon ...... Argentina. 6802.99.00 ...... Monumental or building stone & arts. thereof, nesoi, further worked than Brazil. simply cut/sawn, nesoi. 7202.50.00 ...... Ferrosilicon chromium ...... Kazakhstan.

(4) Advice concerning redesignations. seven articles are being considered for purposes of the GSP program. Under The USTR notified the Commission that redesignation as eligible articles for authority delegated by the President,

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pursuant to section 332(g) of the Tariff U.S. imports, on U.S. industries articles in Table D of the Annex to the Act of 1930, the USTR requested that producing like or directly competitive USTR request letter from the listed the Commission provide its advice as to articles, and on U.S. consumers of the beneficiary countries. the probable economic effect on total elimination of U.S. import duties on the

TABLE D—PETITIONS SUBMITTED FOR REDESIGNATION OF EXCLUDED ITEMS

HTS subheading Brief description Country

2007.99.48 ...... Apple, quince and pear pastes and purees, being cooked preparations ...... Argentina. 2306.30.00 ...... Oilcake and other solid residues, resulting from the extraction of vegetable Argentina. fats or oils, of sunflower seeds. 2841.90.20 ...... Ammonium perrhenate ...... Kazakhstan. 2909.50.40 ...... Odoriferous or flavoring compounds of ether-phenols, ether-alcohol-phenols Indonesia. & their halogenated, sulfonated, nitrated, nitrosated derivatives. 4107.11.80 ...... Full grain unsplit whole bovine (not buffalo) nesoi and equine leather nesoi, Argentina. w/o hair, prepared after tanning or crusting, fancy, not 4114. 6802.93.00 ...... Monumental or building stone & arts. thereof, of granite, further worked India. than simply cut/sawn, nesoi. 7202.93.80 ...... Ferroniobium, nesoi ...... Brazil.

(5) Advice concerning redesignation of the Tariff Act of 1930, the USTR Further, pursuant to section 332(g) of and advice on whether a like or directly requested that the Commission provide the Tariff Act of 1930 and in accordance competitive domestic article was its advice as to the probable economic with section 503(c)(2)(E) of the 1974 produced in any of the preceding three effect on total U.S. imports, on U.S. Act, the USTR requested that the years. The USTR notified the industries producing like or directly Commission provide its advice as to Commission that one article is being competitive articles, and on U.S. whether a like or directly competitive considered for redesignation as an consumers of the elimination of U.S. article was produced in the United eligible article for purposes of the GSP import duties on the articles in Table E States in any of the preceding three program. Under authority delegated by of the Annex to the USTR request letter calendar years. the President, pursuant to section 332(g) from the listed beneficiary countries.

TABLE E—PETITION SUBMITTED FOR REDESIGNATION OF EXCLUDED ITEM

HTS subheading Brief description Country

4412.31.41, Including 4412.31.4150 Plywood sheets n/o 6mm thick, with specified tropical wood outer ply, with Indonesia. and 4412.31.4160. face ply nesoi, not surface covered beyond clear/transparent.

(6) Advice concerning denial of de to the USTR request letter, the USTR U.S. consumers. Further, pursuant to minimis waiver. The USTR notified the requested that the Commission provide section 332(g) of the Tariff Act of 1930 Commission that one article from a GSP its advice as to the probable economic and in accordance with section beneficiary country is being considered effect of the removal from eligibility for 503(c)(2)(E) of the 1974 Act, the USTR for denial of a de minimis CNL waiver. duty-free treatment under the GSP requested that the Commission provide Under authority delegated by the program of this article from the its advice with respect to whether a like President, pursuant to section 332(g) of specified country on total U.S. imports, or directly competitive article was the Tariff Act of 1930, with respect to on U.S. industries producing like or produced in the United States in any of the article listed in Table F of the Annex directly competitive articles, and on the preceding three calendar years.

TABLE F—PETITION SUBMITTED FOR DENIAL OF DE MINIMIS WAIVER

HTS subheading Brief description Country

3802.90.10 ...... Bone black ...... Brazil.

Time for reporting, HTS detail, and statistics (profile of the U.S. that his office considers the portions of report to be classified. As industry and market and U.S. import Commission’s report to be an inter- requested by the USTR, the Commission and export data) and any other relevant agency memorandum that will contain will provide the requested advice and information or advice separately and pre-decisional advice and be subject to information by September 7, 2018. The individually for each U.S. Harmonized the deliberative process privilege. USTR asked that the Commission issue, Tariff Schedule subheading for all Public Hearing: A public hearing in as soon as possible thereafter, a public products subject to the request. The connection with this investigation will version of the report containing only the USTR indicated that those sections of be held at the U.S. International Trade unclassified information, with any the Commission’s report and working Commission Building, 500 E Street SW, confidential business information papers that contain the Commission’s Washington, DC, beginning at 9:30 a.m. deleted. As requested, the Commission advice and assessment will be classified on June 14, 2018. Requests to appear at will provide its economic effect advice as ‘‘confidential.’’ The USTR also stated the public hearing should be filed with

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the Secretary no later than 5:15 p.m., employees and Offices, and contract Surface Products from China). The June 4, 2018. All pre-hearing briefs and personnel (a) for developing or Commission is currently scheduled statements should be filed no later than maintaining the records of this or a to complete and file its 5:15 p.m., June 7, 2018; and all post- related proceeding, or (b) in internal determinations on June 1, 2018; hearing briefs and statements should be investigations, audits, reviews, and views of the Commission are filed no later than 5:15 p.m., June 21, evaluations relating to the programs, currently scheduled to be 2018. All requests to appear, and pre- personnel, and operations of the completed and filed on June 8, and post-hearing briefs and statements Commission including under 5 U.S.C. 2018. should be filed in accordance with the Appendix 3; or (ii) by U.S. government 5. Vote on Inv. No. 731–TA–860 (Third requirements of the ‘‘written employees and contract personnel (a) Review) (Tin- and Chromium- submissions’’ section below. for cybersecurity purposes or (b) in Coated Steel Sheet from Japan). The Written Submissions: In lieu of or in monitoring user activity on U.S. Commission is currently scheduled addition to appearing at the hearing, government classified networks. The to complete and file its interested parties are invited to file Commission will not otherwise disclose determination and views of the written submissions concerning this any confidential business information in Commission by June 19, 2018. investigation. All written submissions a manner that would reveal the 6. Outstanding action jackets: None. should be addressed to the Secretary, operations of the firm supplying the In accordance with Commission and should be received not later than information. policy, subject matter listed above, not 5:15 p.m., June 21, 2018. All written Summaries of Written Submissions: disposed of at the scheduled meeting, submissions must conform to the The Commission intends to publish may be carried over to the agenda of the provisions of section 201.8 of the summaries of the positions of interested following meeting. Commission’s Rules of Practice and persons. Persons wishing to have a By order of the Commission. Procedure (19 CFR 201.8). Section 201.8 summary of their position included in Issued: May 22, 2018. and the Commission’s Handbook on the report should include a summary Filing Procedures require that interested with their written submission. The William Bishop, parties file documents electronically on summary may not exceed 500 words, Supervisory Hearings and Information or before the filing deadline and submit should be in MSWord format or a format Officer. eight (8) true paper copies by 12:00 p.m. that can be easily converted to MSWord, [FR Doc. 2018–11444 Filed 5–23–18; 4:15 pm] eastern time on the next business day. and should not include any confidential BILLING CODE 7020–02–P In the event that confidential treatment business information. The summary will of a document is requested, interested be published as provided if it meets INTERNATIONAL TRADE parties must file, at the same time as the these requirements and is germane to COMMISSION eight paper copies, at least four (4) the subject matter of the investigation. additional true paper copies in which The Commission will identify the name [Investigation No. 731–TA–1103 (Second the confidential information must be of the organization furnishing the Review)] deleted (see the following paragraph for summary and will include a link to the further information regarding Commission’s Electronic Document Activated Carbon From China; confidential business information). Information System (EDIS) where the Scheduling of an Expedited Five-Year Persons with questions regarding full written submission can be found. Review electronic filing should contact the By order of the Commission. AGENCY: United States International Office of the Secretary, Docket Services Issued: May 23, 2018. Trade Commission. Division (202–205–1802). Confidential Business Information: Lisa Barton, ACTION: Notice. Any submissions that contain Secretary to the Commission. SUMMARY: The Commission hereby gives confidential business information must [FR Doc. 2018–11458 Filed 5–24–18; 8:45 am] notice of the scheduling of an expedited also conform with the requirements of BILLING CODE 7020–02–P review pursuant to the Tariff Act of section 201.6 of the Commission’s Rules 1930 (‘‘the Act’’) to determine whether of Practice and Procedure (19 CFR revocation of the antidumping duty 201.6). Section 201.6 of the rules INTERNATIONAL TRADE order on activated carbon from China requires that the cover of the document COMMISSION would be likely to lead to continuation and the individual pages be clearly [USITC SE–18–025] or recurrence of material injury within marked as to whether they are the ‘‘confidential’’ or ‘‘non-confidential’’ Government in the Sunshine Act a reasonably foreseeable time. version, and that the confidential Meeting Notice DATES: May 7, 2018. business information is clearly FOR FURTHER INFORMATION CONTACT: identified by means of brackets. All AGENCY HOLDING THE MEETING: United Amanda Lawrence (202–205–3185), written submissions, except for States International Trade Commission. Office of Investigations, U.S. confidential business information, will TIME AND DATE: May 31, 2018 at 11:00 International Trade Commission, 500 E be made available for inspection by a.m. Street SW, Washington, DC 20436. interested parties. PLACE: Room 101, 500 E Street SW, Hearing-impaired persons can obtain The Commission may include some or Washington, DC 20436, Telephone: information on this matter by contacting all of the confidential business (202) 205–2000. the Commission’s TDD terminal on 202– information submitted in the course of STATUS: Open to the public. 205–1810. Persons with mobility this investigation in the report it sends MATTERS TO BE CONSIDERED: impairments who will need special to the USTR. Additionally, all 1. Agendas for future meetings: None. assistance in gaining access to the information, including confidential 2. Minutes. Commission should contact the Office business information, submitted in this 3. Ratification List. of the Secretary at 202–205–2000. investigation may be disclosed to and 4. Vote on Inv. Nos. 701–TA–606 and General information concerning the used: (i) By the Commission, its 731–TA–1416 (Preliminary) (Quartz Commission may also be obtained by

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accessing its internet server (https:// interested party may submit a brief DATES: May 17, 2018. www.usitc.gov). The public record for written statement (which shall not FOR FURTHER INFORMATION CONTACT: Julie this review may be viewed on the contain any new factual information) Duffy (202–708–2579), Office of Commission’s electronic docket (EDIS) pertinent to the review by June 4, 2018. Investigations, U.S. International Trade at https://edis.usitc.gov. However, should the Department of Commission, 500 E Street SW, SUPPLEMENTARY INFORMATION: Commerce (‘‘Commerce’’) extend the Washington, DC 20436. Hearing- Background.—On May 7, 2018, the time limit for its completion of the final impaired persons can obtain Commission determined that the results of its review, the deadline for information on this matter by contacting domestic interested party group comments (which may not contain new the Commission’s TDD terminal on 202– response to its notice of institution (83 factual information) on Commerce’s 205–1810. Persons with mobility FR 4681, February 1, 2018) of the final results is three business days after impairments who will need special subject five-year review was adequate the issuance of Commerce’s results. If assistance in gaining access to the and that the respondent interested party comments contain business proprietary Commission should contact the Office group response was inadequate. The information (BPI), they must conform of the Secretary at 202–205–2000. Commission did not find any other with the requirements of sections 201.6, General information concerning the circumstances that would warrant 207.3, and 207.7 of the Commission’s Commission may also be obtained by conducting a full review.1 Accordingly, rules. The Commission’s rules with accessing its internet server (https:// the Commission determined that it respect to filing were revised effective www.usitc.gov). The public record for would conduct an expedited review July 25, 2014. See 79 FR 35920 (June 25, these reviews may be viewed on the pursuant to section 751(c)(3) of the 2014), and the revised Commission Commission’s electronic docket (EDIS) Tariff Act of 1930 (19 U.S.C. Handbook on E-filing, available from the at https://edis.usitc.gov. Commission’s website at https:// 1675(c)(3)).2 SUPPLEMENTARY INFORMATION: For further information concerning edis.usitc.gov. In accordance with sections 201.16(c) Background.—On January 5, 2018, the the conduct of this review and rules of Commission determined that responses general application, consult the and 207.3 of the rules, each document filed by a party to the review must be to its notice of institution of the subject Commission’s Rules of Practice and five-year reviews were such that full Procedure, part 201, subparts A and B served on all other parties to the review (as identified by either the public or BPI reviews should proceed (83 FR 3025, (19 CFR part 201), and part 207, service list), and a certificate of service January 22, 2018); accordingly, full subparts A, D, E, and F (19 CFR part must be timely filed. The Secretary will reviews are being scheduled pursuant to 207). not accept a document for filing without section 751(c)(5) of the Tariff Act of Staff report.—A staff report a certificate of service. 1930 (19 U.S.C. 1675(c)(5)). A record of containing information concerning the the Commissioners’ votes, the subject matter of the review will be Authority: This review is being conducted Commission’s statement on adequacy, under authority of title VII of the Tariff Act placed in the nonpublic record on May and any individual Commissioner’s 30, 2018, and made available to persons of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. statements are available from the Office on the Administrative Protective Order of the Secretary and at the service list for this review. A public By order of the Commission. Issued: May 22, 2018. Commission’s website. version will be issued thereafter, Participation in the review and public Lisa Barton, pursuant to section 207.62(d)(4) of the service list.—Persons, including Commission’s rules. Secretary to the Commission. industrial users of the subject Written submissions.—As provided in [FR Doc. 2018–11273 Filed 5–24–18; 8:45 am] merchandise and, if the merchandise is section 207.62(d) of the Commission’s BILLING CODE 7020–02–P sold at the retail level, representative rules, interested parties that are parties consumer organizations, wishing to to the review and that have provided participate in these reviews as parties INTERNATIONAL TRADE individually adequate responses to the must file an entry of appearance with 3 COMMISSION notice of institution, and any party the Secretary to the Commission, as other than an interested party to the [Investigation Nos. 731–TA–672–673 (Fourth provided in section 201.11 of the review may file written comments with Review)] Commission’s rules, by 45 days after the Secretary on what determination the publication of this notice. A party that Commission should reach in the review. Silicomanganese From China and filed a notice of appearance following Comments are due on or before June 4, Ukraine; Scheduling of Full Five-Year publication of the Commission’s notice 2018 and may not contain new factual Reviews of institution of the reviews need not information. Any person that is neither AGENCY: United States International file an additional notice of appearance. a party to the five-year review nor an Trade Commission. The Secretary will maintain a public ACTION: Notice. service list containing the names and 1 A record of the Commissioners’ votes, the addresses of all persons, or their Commission’s statement on adequacy, and any SUMMARY: individual Commissioner’s statements will be The Commission hereby gives representatives, who are parties to the available from the Office of the Secretary and at the notice of the scheduling of full reviews reviews. Commission’s website. pursuant to the Tariff Act of 1930 (‘‘the For further information concerning 2 Vice Chairman David S. Johanson and Act’’) to determine whether revocation the conduct of these reviews and rules Commissioner Meredith M. Broadbent determined of the antidumping duty orders on of general application, consult the that the respondent interested party group response was adequate and voted to conduct a full review. silicomanganese from China and Commission’s Rules of Practice and 3 The Commission has found the responses Ukraine would be likely to lead to Procedure, part 201, subparts A and B submitted by ADA Carbon Solutions, Cabot Norit continuation or recurrence of material (19 CFR part 201), and part 207, Americas Inc., Calgon Carbon Corporation, Carbon injury within a reasonably foreseeable subparts A, D, E, and F (19 CFR part Activated Corporation, and Carbon Activated (Tianjin) Co., Ltd. to be individually adequate. time. The Commission has determined 207). Comments from other interested parties will not be to exercise its authority to extend the Limited disclosure of business accepted (see 19 CFR 207.62(d)(2)). review period by up to 90 days. proprietary information (BPI) under an

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administrative protective order (APO) Commission’s rules. The deadline for DEPARTMENT OF JUSTICE and BPI service list.—Pursuant to filing posthearing briefs is October 4, section 207.7(a) of the Commission’s 2018. In addition, any person who has Antitrust Division rules, the Secretary will make BPI not entered an appearance as a party to gathered in these reviews available to the reviews may submit a written Notice Pursuant to the National authorized applicants under the APO statement of information pertinent to Cooperative Research and Production issued in the reviews, provided that the the subject of the reviews on or before Act of 1993—Cooperative Research application is made by 45 days after October 4, 2018. On October 26, 2018, Group on Mechanical Stratigraphy and publication of this notice. Authorized the Commission will make available to Natural Deformation in the Permian applicants must represent interested parties all information on which they Strata of Texas and New Mexico: parties, as defined by 19 U.S.C. 1677(9), have not had an opportunity to Implications for Exploitation of the who are parties to the reviews. A party comment. Parties may submit final Permian Basin granted access to BPI following comments on this information on or publication of the Commission’s notice before October 30, 2018, but such final Notice is hereby given that, on May 9, of institution of the reviews need not comments must not contain new factual 2018, pursuant to Section 6(a) of the reapply for such access. A separate information and must otherwise comply National Cooperative Research and service list will be maintained by the with section 207.68 of the Commission’s Production Act of 1993, 15 U.S.C. 4301 Secretary for those parties authorized to rules. All written submissions must et seq. (‘‘the Act’’), Southwest Research receive BPI under the APO. conform with the provisions of section Institute—Cooperative Research Group Staff report.—The prehearing staff 201.8 of the Commission’s rules; any on Mechanical Stratigraphy and Natural report in the reviews will be placed in submissions that contain BPI must also the nonpublic record on September 4, conform with the requirements of Deformation in the Permian Strata of 2018, and a public version will be sections 201.6, 207.3, and 207.7 of the Texas and New Mexico: Implications for issued thereafter, pursuant to section Commission’s rules. The Commission’s Exploitation of the Permian Basin 207.64 of the Commission’s rules. Handbook on E-Filing, available on the (‘‘Permian Basin’’) has filed written Hearing.—The Commission will hold Commission’s website at https:// notifications simultaneously with the a hearing in connection with the edis.usitc.gov, elaborates upon the Attorney General and the Federal Trade reviews beginning at 9:30 a.m. on Commission’s rules with respect to Commission disclosing changes in its Tuesday, September 25, 2018, at the electronic filing. membership. The notifications were U.S. International Trade Commission Additional written submissions to the filed for the purpose of extending the Building. Requests to appear at the Commission, including requests Act’s provisions limiting the recovery of hearing should be filed in writing with pursuant to section 201.12 of the antitrust plaintiffs to actual damages the Secretary to the Commission on or Commission’s rules, shall not be under specified circumstances. before September 17, 2018. A nonparty accepted unless good cause is shown for Specifically, Chevron U.S.A. Inc., who has testimony that may aid the accepting such submissions, or unless Midland, TX, has been added as a party Commission’s deliberations may request the submission is pursuant to a specific to this venture. permission to present a short statement request by a Commissioner or No other changes have been made in at the hearing. All parties and Commission staff. nonparties desiring to appear at the In accordance with sections 201.16(c) either the membership or planned hearing and make oral presentations and 207.3 of the Commission’s rules, activity of the group research project. should participate in a prehearing each document filed by a party to the Membership in this group research conference to be held on September 24, reviews must be served on all other project remains open, and Permian 2018, at the U.S. International Trade parties to the reviews (as identified by Basin intends to file additional written Commission Building, if deemed either the public or BPI service list), and notifications disclosing all changes in necessary. Oral testimony and written a certificate of service must be timely membership. materials to be submitted at the public filed. The Secretary will not accept a On April 18, 2017, Permian Basin hearing are governed by sections document for filing without a certificate filed its original notification pursuant to 201.6(b)(2), 201.13(f), 207.24, and of service. Section 6(a) of the Act. The Department 207.66 of the Commission’s rules. The Commission has determined that of Justice published a notice in the Parties must submit any request to these reviews are extraordinarily present a portion of their hearing Federal Register pursuant to Section complicated and therefore has 6(b) of the Act on May 12, 2017 (82 FR testimony in camera no later than 7 determined to exercise its authority to 22159). business days prior to the date of the extend the review period by up to 90 hearing. days pursuant to 19 U.S.C. The last notification was filed with Written submissions.—Each party to 1675(c)(5)(B). the Department on June 22, 2017. A the reviews may submit a prehearing notice was published in the Federal brief to the Commission. Prehearing Authority: These reviews are being conducted under authority of title VII of the Register pursuant to Section 6(b) of the briefs must conform with the provisions Tariff Act of 1930; this notice is published Act on July 25, 2017 (82 FR 34551). of section 207.65 of the Commission’s pursuant to section 207.62 of the rules; the deadline for filing is Commission’s rules. Patricia A. Brink, September 13, 2018. Parties may also Director of Civil Enforcement, Antitrust By order of the Commission. file written testimony in connection Division. Issued: May 22, 2018. with their presentation at the hearing, as [FR Doc. 2018–11234 Filed 5–24–18; 8:45 am] Lisa Barton, provided in section 207.24 of the BILLING CODE 4410–11–P Commission’s rules, and posthearing Secretary to the Commission. briefs, which must conform with the [FR Doc. 2018–11295 Filed 5–24–18; 8:45 am] provisions of section 207.67 of the BILLING CODE 7020–02–P

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DEPARTMENT OF JUSTICE revocation of Respondent’s DEA The matter was placed on the docket Certificate of Registration No. of the Office of Administrative Law Antitrust Division FH1729942 on the ground that he has Judges and assigned to Chief ‘‘no state authority to handle controlled Administrative Law Judge John J. Notice Pursuant to the National substances.’’ Order to Show Cause, at 1 Mulrooney, II (hereinafter, CALJ). On Cooperative Research and Production (citing 21 U.S.C. 824(a)(3)). For the same December 4, 2017, the CALJ ordered the Act of 1993—National Fire Protection reason, the Order also proposed the Government to file ‘‘evidence to support Association denial of any of Respondent’s the allegation that the Respondent lacks Notice is hereby given that, on May 8, ‘‘applications for renewal or state authority to handle controlled 2018, pursuant to Section 6(a) of the modification of such registration and substances’’ and file ‘‘any Government National Cooperative Research and any applications for any other DEA motion for summary disposition’’ no Production Act of 1993, 15 U.S.C. 4301 registrations.’’ Id. later than December 15, 2017. Order et seq. (‘‘the Act’’), National Fire With respect to the Agency’s Directing the Filing of Government Protection Association (‘‘NFPA’’) has jurisdiction, the Show Cause Order Evidence of Lack of State Authority filed written notifications alleged that Respondent is the holder of Allegation and Briefing Schedule, at 1– simultaneously with the Attorney Certificate of Registration No. 2. The CALJ also directed Respondent to FH1729942, pursuant to which it is General and the Federal Trade file its response to any summary authorized to dispense controlled Commission disclosing additions or disposition motion no later than substances as a retail pharmacy in changes to its standards development December 29, 2017. Id. at 2. schedules II through V, at the registered On December 15, 2017, the activities. The notifications were filed address of 1307 Yale Street, Suite H, Government filed its Motion for for the purpose of extending the Act’s Houston, Texas. Id. The Order also Summary Disposition. In its Motion, the provisions limiting the recovery of alleged that this registration does not Government argued that it is undisputed antitrust plaintiffs to actual damages expire until October 31, 2018. Id. that Respondent lacks authority to under specified circumstances. Regarding the substantive grounds for handle controlled substances in Texas Specifically, NFPA has provided an the proceeding, the Show Cause Order because the TSBP suspended updated and current list of its standards alleged that on September 15, 2017, the Respondent’s Texas medical license on development activities, related technical Texas State Board of Pharmacy (TSBP) September 15, 2017. Government’s committee and conformity assessment ‘‘suspended’’ Respondent’s Texas Motion for Summary Disposition activities. Information concerning NFPA pharmacy license, and Respondent is (hereinafter Government’s Motion or regulations, technical committees, therefore ‘‘without authority to practice Govt. Mot.) at 2–3; TSBP Temporary current standards, standards pharmacy or handle controlled Suspension Order #A–16–008–BS1 development and conformity substances in the State of Texas, the (Government Exhibit (GX) 2 to Govt. assessment activities are publically [S]tate in which [it is] registered with Mot. or ‘‘Sept. 15, 2017 TSBP Order’’). available at nfpa.org. the DEA.’’ Id. at 2. Based on its ‘‘lack of The Government also noted that, in its On September 20, 2004, NFPA filed authority to [dispense] controlled Hearing Request, Respondent did not its original notification pursuant to substances in . . . Texas,’’ the Order dispute that the TSBP had suspended Section 6(a) of the Act. The Department asserted that ‘‘DEA must revoke’’ Respondent’s pharmacy license. Govt. of Justice published a notice in the Respondent’s registration. Id. (citing 21 Mot. at 3 n.1. The Government further Federal Register pursuant to Section U.S.C. 824(a)(3); 21 CFR 1301.37(b)). argued that, ‘‘[a]bsent authority by the 6(b) of the Act on October 21, 2004 (69 The Show Cause Order notified State of Texas to dispense controlled FR 61869). Respondent of (1) its right to request a substances, Respondent is not The last notification was filed with hearing on the allegations or to submit authorized to possess a DEA registration the Department on March 6, 2018. A a written statement in lieu of a hearing, in that state.’’ Id. at 3. Lastly, the notice was published in the Federal (2) the procedure for electing either Government argued that under Agency Register pursuant to Section 6(b) of the option, and (3) the consequence for precedent, revocation is warranted even Act on April 24, 2018 (83 FR 17852). failing to elect either option. Id. (citing where a State has temporarily Patricia A. Brink, 21 CFR 1301.43). The Order also suspended a practitioner’s state Director of Civil Enforcement, Antitrust notified Respondent of its right to authority with the possibility of future Division. submit a corrective action plan. Id. at 2– reinstatement. Id. at 3–4 (citations [FR Doc. 2018–11242 Filed 5–24–18; 8:45 am] 3 (citing 21 U.S.C. 824(c)(2)(C)). omitted). As support for its summary On December 4, 2017, Respondent, BILLING CODE 4410–11–P disposition request, the Government through counsel, filed a letter requesting attached, inter alia, a copy of the TSBP’s a hearing on the allegations. Letter from September 15, 2017 Order directing that DEPARTMENT OF JUSTICE Respondent’s Counsel to Hearing Clerk Respondent’s license ‘‘is hereby (dated Nov. 30, 2017) (hereinafter, temporarily suspended . . . effective Drug Enforcement Administration Hearing Request). In this letter, immediately and shall continue in Respondent ‘‘objects to the cancellation effect, pending a contested hearing on [Docket No. 18–11] of Health Fit Pharmacy[’s DEA] disciplinary action against the Health Fit Pharmacy; Decision and controlled substance registration’’ for suspended license.’’ GX 2 to Govt. Mot., Order two reasons. First, Respondent states at 14. that, ‘‘although temporar[il]y In its responsive pleading, On November 15, 2017, the Acting suspended,’’ it ‘‘maintains an active Respondent did not dispute that it Assistant Administrator, Diversion license.’’ Id. at 1. Second, Respondent ‘‘maintains a[n] active suspended Control Division, Drug Enforcement ‘‘expects to prevail’’ in a ‘‘final license’’ in the State of Texas. Administration (DEA), issued an Order contested hearing regarding the Respondent’s Dec. 29, 2017 Response to to Show Cause to Health Fit Pharmacy temporary suspension of this license on Government’s Motion for Summary (Respondent), of Houston, Texas. The the merits . . . scheduled for February, Disposition (hereinafter, Resp. Br.), at 2. Show Cause Order proposed the 2018.’’ Id. Instead, Respondent argued that ‘‘the

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merits of the temporary suspension is specifically directed that Respondent Discussion being disputed by’’ Respondent and that ‘‘not operate as a pharmacy in this state Pursuant to 21 U.S.C. 824(a)(3), the the Government filed its Motion in any manner that would allow receipt, Attorney General is authorized to ‘‘prematurely in li[ght] of the fact that a distribution, or dispensing prescription suspend or revoke a registration issued final order . . . has not been entered.’’ drugs during the period said license is under section 823 of the Controlled Id. at 2–3. Finally, Respondent argued suspended.’’ Id. at 5. The TSBP also Substances Act (CSA), ‘‘upon a finding that ‘‘[t]he effect of’’ the Government’s ordered Respondent to ‘‘immediately that the registrant . . . has had his State motion for summary disposition ‘‘is to transfer all prescription drugs to a license . . . suspended [or] revoked circumvent contested litigation secured licensed pharmacy or other . . . by competent State authority and is procedure.’’ Id. at 3. entity with the authority to legally no longer authorized by State law to After considering these pleadings, the possess prescription drugs, not later engage in the . . . dispensing of CALJ issued an order recommending than September 22, 2017.’’ Id. There is controlled substances.’’ Also, DEA has that I find that there was no dispute no evidence in the record establishing long held that the possession of over the fact that ‘‘Respondent lacks that the TSBP ever lifted this authority to dispense controlled state authority to handle controlled suspension. substances under the laws of the State substances in Texas.’’ Order Granting the Government’s Motion for Summary In its Order, the TSBP also stated that in which a practitioner engages in Disposition, and Recommended Respondent’s pharmacy license was professional practice is a fundamental Rulings, Findings of Fact, Conclusions ‘‘current through November 30, 2017.’’ condition for obtaining and maintaining of Law, and Decision of the Id. at 2. Neither the CALJ nor the parties a practitioner’s registration. See, e.g., Administrative Law Judge (R.D.), at 6. addressed the fact that the Order stated James L. Hooper, 76 FR 71371 (2011), As a result, the CALJ granted the that Respondent’s Texas pharmacy pet. for rev. denied, 481 Fed. Appx. 826 Government’s motion for summary license would expire on November 30, (4th Cir. 2012); see also Frederick Marsh disposition and recommended that I 2017. As a result, I have reviewed the Blanton, 43 FR 27616 (1978) (‘‘State revoke Respondent’s DEA registration TSBP’s official website, and it confirms authorization to dispense or otherwise and deny any pending renewal that Respondent’s current ‘‘License handle controlled substances is a applications. Id. status’’ is ‘‘Expired.’’ 2 Accordingly, I prerequisite to the issuance and Neither party filed exceptions to the find that Respondent currently does not maintenance of a Federal controlled CALJ’s Recommended Decision. possess a pharmacy license in the State substances registration.’’). Thereafter, the record was forwarded to of Texas, and thus does not possess This rule derives from the text of two my Office for Final Agency Action. authority to dispense controlled provisions of the CSA. First, Congress Having reviewed the record, I find that substances in the State in which it is defined ‘‘the term ‘practitioner’ [to] Respondent is currently without registered with the DEA. See id. at 5. mean[] a . . . physician . . . or other authority to handle controlled person licensed, registered or otherwise substances in Texas, the State in which 2 See www.pharmacy.texas.gov/dbsearch/phy_ permitted, by . . . the jurisdiction in it holds its registration with the Agency, zoom.asp?id=26701&type=1. On November 9, 2017, which he practices . . . to distribute, and is thus not entitled to maintain its the TSBP issued another suspension order stating dispense, [or] administer . . . a that Respondent ‘‘agreed to the entry of this Order controlled substance in the course of DEA registration. I adopt the CALJ’s continuing the suspension of pharmacy number recommendation that I revoke 26701 held by Respondent for an additional period professional practice.’’ 21 U.S.C. Respondent’s registration and deny any of . . . [120] days from the date of entry of this 802(21). Second, in setting the pending renewal application. I make the Order pending a contested case hearing . . . against requirements for obtaining a the suspended license’’ before ‘‘the State Office of practitioner’s registration, Congress following factual findings. Administrative Hearings.’’ TSBP Temporary Suspension Order #A–16–008–BS2 (see directed that ‘‘[t]he Attorney General Findings of Fact www.pharmacy.texas.gov/abo/detail/282232%20% shall register practitioners . . . if the Respondent is the holder of DEA 20P26701%20%20Health%20Fit%20 applicant is authorized to dispense . . . Certificate of Registration No. Pharmacy%20%20EDTSO%20%20A160008BS2% controlled substances under the laws of 20%202017-11.pdf), at 1. The TSBP also repeated FH1729942, pursuant to which it is its directive that ‘‘Respondent shall not operate as the State in which he practices.’’ 21 authorized to dispense controlled a pharmacy in this state in any manner that would U.S.C. 823(f). substances in schedules II through V as allow receipt, distribution, or dispensing Moreover, because ‘‘the controlling a retail pharmacy. GX 1 to Govt. Mot. prescription drugs during the period said license is question’’ in a proceeding brought suspended.’’ Id. The TSBP website does not show On September 15, 2017, the TSBP that the TSBP ever held a subsequent hearing under 21 U.S.C. 824(a)(3) is whether the issued an Order temporarily suspending regarding Respondent’s suspended pharmacy holder of a DEA registration ‘‘is Respondent’s Texas Pharmacy License license or took any other action to lift the currently authorized to handle #26701 ‘‘pending a contested case suspension. controlled substances in the [S]tate,’’ I take official notice of the TSBP’s November hearing on disciplinary action against 2017 enforcement action and the fact that the TSBP Hooper, 76 FR at 71371 (quoting Anne the suspended license to be held . . . website currently shows that Respondent’s Texas Lazar Thorn, 62 FR 12847, 12848 not later than . . . [90] days after the pharmacy license is expired. Under the (1997)), the Agency has also long held date of this Order.’’ GX 2 to Govt. Mot., Administrative Procedure Act (APA), an agency that revocation is warranted even where 1 ‘‘may take official notice of facts at any stage in a at 4–5. In its Order, the TSBP proceeding—even in the final decision.’’ U.S. Dept. a practitioner has lost his state authority of Justice, Attorney General’s Manual on the by virtue of the State’s use of summary 1 The principal basis for the TSBP’s Order was the Administrative Procedure Act 80 (1947) (Wm. W. process and the State has yet to provide TSBP’s finding that Respondent’s pharmacist-in- Gaunt & Sons, Inc., Reprint 1979). In accordance a hearing to challenge the suspension. charge filled prescriptions for controlled substances with the APA and DEA’s regulations, Respondent such as alprazolam 2mg and carisoprodol 350mg is ‘‘entitled on timely request to an opportunity to Bourne Pharmacy, 72 FR 18273, 18274 when he ‘‘should have known the prescriptions show to the contrary.’’ 5 U.S.C. 556(e); see also 21 (2007); Wingfield Drugs, 52 FR 27070, . . . were invalid, i.e., not issued for a legitimate CFR 1316.59(e). To allow Respondent the 27071 (1987). Thus, even assuming that therapeutic purpose or valid medical need and/or opportunity to refute the facts of which I take Respondent’s pharmacy license is not prescription forgeries, due to prescription red flags official notice, Respondent may file a motion for factors indicating recurrent and readily-identifiable reconsideration within 15 calendar days of service expired but is still active and nontherapeutic prescribing and dispensing activity of this order which shall commence on the date this suspended, it is of no consequence that to a reasonable pharmacist.’’ Id. at 2–3. order is mailed. the TSBP has suspended Respondent’s

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pharmacy license and that Respondent DEPARTMENT OF LABOR ADDRESSES: Submit written comments may prevail in a future state hearing. to the Employment and Training What is consequential is the fact that Employment and Training Administration (ETA), Office of Respondent is not currently authorized Administration Financial Administration, 200 to dispense controlled substances in Constitution Avenue NW, Room Program Year (PY) 2018 Workforce Texas, the State in which it is N–4702, Washington, DC 20210, Innovation and Opportunity Act (WIOA) 3 Attention: Ms. Anita Harvey, email: registered. See GX2 to Govt. Mot. (Sept. Allotments; PY 2018 Wagner-Peyser 15, 2017 TSBP Order), at 4–5. [email protected]. Act Final Allotments and PY 2018 Commenters are advised that mail Accordingly, Respondent is not entitled Workforce Information Grants to maintain its DEA registration. delivery in the Washington area may be AGENCY: delayed due to security concerns. The I will therefore adopt the CALJ’s Employment and Training Administration, Labor. Department will receive hand-delivered recommendation that I revoke ACTION: Notice. comments at the above address. All Respondent’s registration and deny any overnight mail will be considered hand- pending applications to renew its SUMMARY: This notice announces delivered and must be received at the registration. R.D. at 6. I will also deny allotments for PY 2018 for WIOA Title designated place by the date specified any pending application to modify its I Youth, Adult and Dislocated Worker above. registration, or any pending application Activities programs; final allotments for Please submit your comments by only for any other DEA registration in Texas, Employment Service (ES) activities one method. The Department will not as requested in the Show Cause Order. under the Wagner-Peyser Act for PY review comments received by means Order to Show Cause, at 1. 2018 and the allotments of Workforce other than those listed above or that it Information Grants to States for PY receives after the comment period has Order 2018. closed. Pursuant to the authority vested in me WIOA allotments for states and the Comments: The Department will by 21 U.S.C. 823(f) and 824(a), as well state final allotments for the Wagner- retain all comments on this notice and as 28 CFR 0.100(b), I order that DEA Peyser Act are based on formulas will release them upon request via email to any member of the public. The Certificate of Registration No. defined in their respective statutes. WIOA requires allotments for the Department also will make all the FH1729942, issued to Health Fit Outlying Areas to be competitively comments it receives available for Pharmacy, be, and it hereby is, revoked. awarded rather than based on a formula public inspection by appointment I further order that any pending determined by the Secretary of Labor during normal business hours at the application of Health Fit Pharmacy to (Secretary) as occurred under the above address. If you need assistance to renew or modify the above registration, Workforce Investment Act (WIA). review the comments, the Department or any pending application of Health Fit However, for PY 2018, the Consolidated will provide you with appropriate aids Pharmacy for any other DEA registration Appropriations Act, 2018 waives the such as readers or print magnifiers. The in the State of Texas, be, and it hereby competition requirement, and the Department will make copies of this is, denied. This Order is effective Secretary is using the discretionary notice available, upon request, in large immediately.4 formula rationale and methodology for print, Braille, and electronic file. The Dated: May 17, 2018. allocating PY 2018 funds for the Department also will consider providing Robert W. Patterson, Outlying Areas (American Samoa, the notice in other formats upon Guam, the Commonwealth of the request. To schedule an appointment to Acting Administrator. Northern Mariana Islands, the Republic review the comments and/or obtain the [FR Doc. 2018–11268 Filed 5–24–18; 8:45 am] of Palau, and the United States Virgin notice in an alternative format, contact BILLING CODE 4410–09–P Islands) that was published in the Ms. Harvey using the information Federal Register at 65 FR 8236 (Feb. 17, provided above. The Department will 2000). WIOA specifically included the retain all comments received without Republic of Palau as an Outlying Area, making any changes to the comments, except during any period for which the including any personal information Secretary of Labor and the Secretary of provided. The Department therefore 3 In its brief opposing summary disposition, Education determine that a Compact of cautions commenters not to include Respondent argued that the TSBP ‘‘abused it’s [sic] discretion in granting the temporary suspension Free Association is in effect and their personal information such as . . . because the evidence shows that an agent of contains provisions for training and Social Security Numbers, personal the DEA entrapped the Pharmacy in[to] committing education assistance prohibiting the addresses, telephone numbers, and a violation of the Controlled Substance[s] Act by assistance provided under WIOA; no email addresses in their comments; this intentionally failing to inform the Registrant that’’ such determinations prohibiting information would be released with the it was filling prescriptions for a practitioner who assistance have been made. The formula comment if the comments are requested. ‘‘was not authorized to issue these prescriptions.’’ that the Department of Labor It is the commenter’s responsibility to Resp. Br. at 2. Respondent’s claim relates to its safeguard his or her information. challenge to the merits of the TSBP’s decision to (Department) used for PY 2018 is the suspend Respondent’s Texas pharmacy license, and same formula used in PY 2017 and is FOR FURTHER INFORMATION CONTACT: I agree with the CALJ that Respondent has failed to described in the section on Youth WIOA Youth Activities allotments— show why or how this claim relates to whether Activities program allotments. The Evan Rosenberg at (202) 693–3593 or Respondent is currently authorized to dispense Department invites comments only on LaSharn Youngblood at (202) 693–3606; controlled substances in the State of Texas. See R.D. the formula used to allot funds to the WIOA Adult and Dislocated Worker at 3 n.1. Outlying Areas. Activities and ES final allotments— 4 For the same reasons which led the TSBP to DATES suspend Respondent’s Texas pharmacy license, I : The Department must receive Robert Kight at (202) 693–3937; conclude that the public interest necessitates that comments on the formula used to allot Workforce Information Grant this Order be effective immediately. 21 CFR funds to the Outlying Areas by June 25, allotments—Donald Haughton at (202) 1316.67. 2018. 693–2784. Individuals with hearing or

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speech impairments may access the under WIOA Title I Youth Activities unemployed, a minimum of 90 percent telephone numbers above via TTY by (Table A), Adult and Dislocated of the prior year allotment percentage, a calling the toll-free Federal Information Workers Employment and Training $75,000 minimum, and a 130 percent Relay Service at 1–877–889–5627 (TTY/ Activities (Tables B and C, respectively), stop-gain of the prior year share). For TDD). and the PY 2018 Wagner-Peyser Act the relative share calculation in PY SUPPLEMENTARY INFORMATION: The final allotments (Table D). We also have 2018, the Department continued to use Department is announcing WIOA attached the PY 2018 Workforce the data obtained from the 2010 Census allotments for PY 2018 for Youth Information Grant table (Table E). for American Samoa, Guam, the Activities, Adults and Dislocated Youth Activities Allotments. The Commonwealth of the Northern Mariana Worker Activities, Wagner-Peyser Act appropriated level for PY 2018 for Islands, and the United States Virgin PY 2018 final allotments, and PY 2018 WIOA Youth Activities totals Islands. For the Republic of Palau, the Workforce Information Grant $903,416,000. After reducing the Department used data from Palau’s 2015 allotments. This notice provides appropriation by $1,129,000 for Census. The Department will accept information on the amount of funds evaluations and $2,710,000 for program comments on this methodology. available during PY 2018 to states with integrity, $899,577,000, is available for After the Department calculated the an approved WIOA Combined or Youth Activities. Table A includes a amount for the Outlying Areas and the Unified State Plan, and information breakdown of the Youth Activities Native American program, the amount regarding allotments to the Outlying program allotments for PY 2018 and available for PY 2018 allotments to the provides a comparison of these states is $883,868,137. This total Areas. allotments to PY 2017 Youth Activities amount is below the required $1 billion On March 23, 2018, the Consolidated allotments for all States and Outlying threshold specified in WIOA sec. Appropriations Act, 2018, Public Law Areas. For the Native American Youth 127(b)(1)(C)(iv)(IV); therefore, the 115–141 was signed into law (‘‘the program, the total amount available is Department did not apply the WIOA Act’’). The Act, Division H, Title I, 1.5 percent of the total amount for additional minimum provisions. Section 107 of the Act allows the Youth Activities (after the evaluations Instead, as required by WIOA, the Secretary of Labor (Secretary) to set and program integrity set-asides), in minimums of 90 percent of the prior aside up to 0.75 percent of most accordance with WIOA section 127. The year allotment percentage and 0.25 operating funds for evaluations. The total funding available for the Outlying percent state minimum floor apply. The evaluation provision is consistent with Areas was reserved at 0.25 percent of Department used this same the Federal government’s priority on the amount appropriated for Youth methodology to set a floor on the annual evidence-based policy and programming Activities (after the evaluations and variation in allotments almost providing opportunities to expand program integrity set asides) after the continuously for more than two evaluations and demonstrations in the amount reserved for Native American decades. See sec. 262(b)(2) of the Job Department to build solid evidence Youth (in accordance with WIOA Training Partnership Act (JTPA) (Pub. L. about what works best. In the past, ETA section 127(b)(1)(B)(i)). On December 97–300), (as amended by sec. 207 of the separately managed funds for ETA 17, 2003, Public Law 108–188, the Job Training Reform Amendments of evaluations and demonstrations. That Compact of Free Association 1992, Pub. L. 102–367); sec. separate authority has been replaced by Amendments Act of 2003 (‘‘the 127(b)(1)(C)(iv)(IV) of the Workforce the set aside provision. The Department Compact’’), was signed into law. The Investment Act of 1998 (Pub. L. 105– transfers the funds to the Department’s Compact specified that the Republic of 220). WIOA also provides that no state Chief Evaluation Office to implement Palau remained eligible for WIA Title I may receive an allotment that is more formal evaluations and demonstrations funding. See 48 U.S.C. than 130 percent of the allotment in collaboration with ETA. For 2018, the 1921d(f)(1)(B)(ix). WIOA sec. 512(g)(1) percentage for the state for the previous Secretary set aside 0.125 percent of the updated the Compact to refer to WIOA year. The three data factors required by Training and Employment Services funding. The Consolidated WIOA sec. 127(b)(1)(C)(ii) for the PY (TES) and State Unemployment Appropriations Act, 2018 (Division H, 2018 Youth Activities state formula Insurance and Employment Services Title III, Section 305 of Pub. L. 115–141) allotments are, summarized slightly, as Operations (SUIESO) appropriations. authorized WIOA Title I funding to follows: ETA spread the amount to be set aside Palau through FY 2018. (1) The average number of for each appropriation among the Under WIA, the Secretary had unemployed individuals in Areas of programs funded by that appropriation discretion for determining the Substantial Unemployment (ASUs) for with more than $100 million in funding. methodology for distributing funds to the 12-month period, July 2016–June This includes WIOA Adult, Youth and all Outlying Areas. Under WIOA the 2017 in each state compared to the total Dislocated Worker and Wagner-Peyser Secretary must award the funds through number of unemployed individuals in Employment Service program budgets. a competitive process. However, for PY ASUs for all states; The Consolidated Appropriations Act, 2018, the Consolidated Appropriations (2) Number of excess unemployed 2018, Division H, Title I, sec. 106(b), Act, 2018 waives the competition individuals or excess unemployed allows the Secretary to set aside up to requirement contained in WIOA secs. individuals in ASUs (depending on 0.5 percent of each discretionary 127(b)(1)(B)(ii), 132(b)(1)(A)(ii), and which is higher) averages for the same appropriation for activities related to 132(b)(2)(A)(ii) regarding funding to 12-month period used for ASU program integrity. For 2018, the Outlying Areas (e.g., American Samoa, unemployed data compared to the total Department set aside 0.3 percent of most Guam, the Commonwealth of the excess number in all states; and discretionary appropriations, which Northern Mariana Islands, the Republic (3) Number of disadvantaged youth reduced WIOA Adult, Youth, Dislocated of Palau, and the United States Virgin (age 16 to 21, excluding college students Worker, Wagner-Peyser Employment Islands). For PY 2018, the Department not in the workforce and military) from Service and Workforce Information used the same methodology used since special tabulations of data from the Grant program budgets. PY 2000 (i.e., we distribute funds among American Community Survey (ACS), We also have attached tables listing the Outlying Areas by formula based on which the Department obtained from the PY 2018 allotments for programs relative share of the number of the Census Bureau in each state

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compared to the total number of variation in allotments almost (3) Relative number of long-term disadvantaged youth in all states. The continuously for more than two unemployed, averages for the 12-month Department requested updated special decades. WIOA also provides that no period, October 2016–September 2017. tabulations for PY 2018. Census Bureau state may receive an allotment that is In PY 2018, under WIOA the collected the data used in the special more than 130 percent of the allotment Dislocated Worker formula uses tabulations for disadvantaged youth percentage for the state for the previous minimum and maximum provisions. No between January 1, 2011–December 31, year. The three formula data factors for state may receive an allotment that is 2015. the Adult Activities program are the less than 90 percent of the state’s prior For purposes of identifying ASUs for same as those used for the Youth year allotment percentage or more than the Youth Activities allotment formula, Activities formula, except the 130 percent of the state’s prior year the Department continued to use the Department used data for the number of allotment percentage. data made available by BLS (as disadvantaged adults (age 22 to 72, Wagner-Peyser Act ES Final described in the Local Area excluding college students not in the Allotments. The appropriated level for Unemployment Statistics (LAUS) workforce and military). PY 2018 for ES grants totals $666,413,000. After reducing the Technical Memorandum No. S–17–18). Dislocated Worker Employment and For purposes of determining the number appropriated amount by $833,000 for Training Activities Allotments. The of disadvantaged youth, the Department evaluations and $1,999,000 for program amount appropriated for Dislocated used the special tabulations of ACS data integrity, a total of $663,581,000 Worker activities in PY 2018 totals available at http://www.doleta.gov/ remains available for ES programs. After $1,261,719,000. The total appropriation budget/disadvantagedYouthAdults.cfm. determining the funding for Outlying See TEGL No. 14–17 for further includes formula funds for the states, Areas, the Department calculated information. while the National Reserve is used for allotments to states using the formula Adult Employment and Training National Dislocated Worker Grants, set forth at section 6 of the Wagner- Activities Allotments. The total technical assistance and training, Peyser Act (29 U.S.C. 49e). The appropriated funds for Adult Activities demonstration projects, and the Department based PY 2018 formula in PY 2018 is $845,556,000. After Outlying Areas’ Dislocated Worker allotments on each state’s share of reducing the appropriated amount by allotments. After reducing the calendar year 2017 monthly averages of $890,000 for evaluations and $2,136,000 appropriated amount by $1,325,000 for the civilian labor force (CLF) and for program integrity, $842,530,000 evaluations and $3,180,000 for program unemployment. Section 6(b)(4) of the remains for Adult Activities, of which integrity, a total of $1,257,214,000 Wagner-Peyser Act requires the $840,423,675 is for states and remains available for Dislocated Worker Secretary to set aside up to three percent $2,106,325 is for Outlying Areas. Table activities. The amount available for of the total funds available for ES to B shows the PY 2018 Adult Outlying Areas is $3,143,035, leaving ensure that each state will have Employment and Training Activities $216,865,965 for the National Reserve sufficient resources to maintain allotments and a state-by-state and a total of $1,037,205,000 available statewide ES activities. In accordance comparison of the PY 2018 allotments to for states. As for the Adult program, with this provision, the Department PY 2017 allotments. Table C shows the PY 2018 Dislocated included the three percent set aside In accordance with WIOA, the Worker activities allotments and a state- funds in this total allotment. The Department reserved the total available by-state comparison of the PY 2018 Department distributed the set-aside for the Outlying Areas at 0.25 percent of allotments to PY 2017 allotments. funds in two steps to states that have the full amount appropriated for Adult As for the Adult Activities program, experienced a reduction in their relative Activities (after the evaluations and the Department reserved the total share of the total resources available this program integrity set-asides). As available for the Outlying Areas at 0.25 year from their relative share of the total discussed in the Youth Activities percent of the full amount appropriated resources available the previous year. In section above, in PY 2018 the for Dislocated Worker Activities (after Step 1, states that have a CLF below one Department will distribute the Adult the evaluations and program integrity million and are also below the median Activities funding for the Outlying set-asides). Similar to Youth and Adult CLF density were maintained at 100 Areas, using the same principles, funds, instead of competition, in PY percent of their relative share of prior formula, and data as used for outlying 2018 the Department will use the same year resources. ETA calculated the areas for Youth Activities. The pro rata share as the areas received for median CLF density based on CLF data Department will accept comments on the PY 2018 WIOA Adult Activities provided by the BLS for calendar year this methodology. After determining the program to distribute the Outlying 2017. The Department distributed all amount for the Outlying Areas, the Areas’ Dislocated Worker funds, the remaining set-aside funds on a pro-rata Department used the statutory formula same methodology used in PY 2017. basis in Step 2 to all other states to distribute the remaining amount The Department will accept comments experiencing reductions in relative available for allotments to the states. on this methodology. share from the prior year but not The Department did not apply the The three data factors required in meeting the size and density criteria for WIOA minimum provisions for the PY WIOA sec. 132(b)(2)(B)(ii) for the PY Step 1. The distribution of ES funds 2018 allotments because the total 2018 Dislocated Worker state formula (Table D) includes $661,963,420 for amount available for the states was allotments are, summarized slightly, as states, as well as $1,617,580 for below the $960 million threshold follows: Outlying Areas. required for Adult Activities in WIOA Section 7(a) of the Wagner-Peyser Act sec. 132(b)(1)(B)(iv)(IV). Instead, as (1) Relative number of unemployed, (49 U.S.C. § 49f(a)) authorizes states to required by WIOA, the minimums of 90 averages for the 12-month period, use 90 percent of funds allotted to a percent of the prior year allotment October 2016–September 2017; state for labor exchange services and percentage and 0.25 percent state (2) Relative number of excess other career services such as job search minimum floor apply. As noted above, unemployed individuals, averages for and placement services to job seekers; the Department applied this same the 12-month period, October 2016– appropriate recruitment services for methodology to set a floor on the annual September 2017; and employers; program evaluations;

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developing and providing labor market exemplary models for delivering figures for each state and Outlying Area. and occupational information; services of the type described in section The Department distributes the funds by developing management information 7(a) and models for enhancing administrative formula, with a reserve systems; and administering the work professional development and career of $176,570 for Guam and the United test for unemployment insurance advancement opportunities of state States Virgin Islands. Guam and the claimants. Section 7(b) of the Wagner- agency staff. United States Virgin Islands allotment Peyser Act states that 10 percent of the Workforce Information Grants amounts are partially based on CLF total sums allotted to each state must be Allotments. Total PY 2018 funding for data. The Department distributes the Workforce Information Grants reserved for use by the Governor to remaining funds to the states with 40 allotments to states is $32,000,000. After provide performance incentives for percent distributed equally to all states reducing the total by $96,000 for public ES offices and programs, provide program integrity, $31,904,000 is and 60 percent distributed based on services for groups with special needs, available for Workforce Information each state’s share of CLF for the 12 and to provide for the extra costs of Grants. Table E contains the allotment months ending September 2017.

TABLE A—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA YOUTH ACTIVITIES STATE ALLOTMENTS COMPARISON OF PY 2018 ALLOTMENTS VS PY 2017 ALLOTMENTS

State PY 2017 PY 2018 Difference % Difference

Total Appropriated ...... $873,416,000 $903,416,000 $30,000,000 3.43 Total (WIOA Youth Activities) ...... 866,560,920 899,577,000 33,016,080 3.81 Alabama ...... 15,935,826 16,810,423 874,597 5.49 Alaska ...... 2,749,556 3,248,821 499,265 18.16 Arizona ...... 21,927,448 22,132,740 205,292 0.94 Arkansas ...... 7,020,353 6,559,046 (461,307) ¥6.57 California ...... 122,708,017 122,420,854 (287,163) ¥0.23 Colorado ...... 10,014,113 9,356,087 (658,026) ¥6.57 Connecticut ...... 10,849,939 10,136,991 (712,948) ¥6.57 Delaware ...... 2,128,572 2,209,670 81,098 3.81 District of Columbia ...... 3,048,727 3,369,642 320,915 10.53 Florida ...... 47,191,033 50,918,130 3,727,097 7.90 Georgia ...... 27,497,972 25,691,083 (1,806,889) ¥6.57 Hawaii ...... 2,128,572 2,209,670 81,098 3.81 Idaho ...... 2,636,688 2,463,432 (173,256) ¥6.57 Illinois ...... 45,262,696 42,733,627 (2,529,069) ¥5.59 Indiana ...... 15,281,190 14,277,065 (1,004,125) ¥6.57 Iowa ...... 5,042,166 4,779,676 (262,490) ¥5.21 Kansas ...... 4,626,462 5,170,980 544,518 11.77 Kentucky ...... 13,006,059 13,770,245 764,186 5.88 Louisiana ...... 15,937,361 17,165,657 1,228,296 7.71 Maine ...... 2,873,333 2,684,527 (188,806) ¥6.57 Maryland ...... 13,351,957 12,474,601 (877,356) ¥6.57 Massachusetts ...... 13,965,303 13,047,645 (917,658) ¥6.57 Michigan ...... 26,603,952 28,612,013 2,008,061 7.55 Minnesota ...... 8,630,212 10,094,772 1,464,560 16.97 Mississippi ...... 10,648,637 10,053,302 (595,335) ¥5.59 Missouri ...... 14,750,868 14,066,190 (684,678) ¥4.64 Montana ...... 2,128,572 2,209,670 81,098 3.81 Nebraska ...... 2,432,570 2,656,124 223,554 9.19 Nevada ...... 9,913,269 9,261,869 (651,400) ¥6.57 New Hampshire ...... 2,128,572 2,209,670 81,098 3.81 New Jersey ...... 22,296,345 20,831,255 (1,465,090) ¥6.57 New Mexico...... 7,484,241 9,176,874 1,692,633 22.62 New York ...... 49,406,010 50,223,205 817,195 1.65 North Carolina ...... 28,746,951 27,731,837 (1,015,114) ¥3.53 North Dakota ...... 2,128,572 2,209,670 81,098 3.81 Ohio ...... 30,130,209 36,354,942 6,224,733 20.66 Oklahoma ...... 7,802,022 9,577,406 1,775,384 22.76 Oregon ...... 10,245,449 9,572,222 (673,227) ¥6.57 Pennsylvania ...... 32,264,694 39,419,602 7,154,908 22.18 Puerto Rico ...... 25,176,038 26,554,369 1,378,331 5.47 Rhode Island ...... 3,582,507 3,347,101 (235,406) ¥6.57 South Carolina ...... 13,932,904 13,017,374 (915,530) ¥6.57 South Dakota ...... 2,128,572 2,209,670 81,098 3.81 Tennessee ...... 16,934,922 17,503,950 569,028 3.36 Texas ...... 58,289,678 75,959,298 17,669,620 30.31 Utah ...... 3,323,840 3,656,938 333,098 10.02 Vermont ...... 2,128,572 2,209,670 81,098 3.81 Virginia ...... 14,084,399 13,158,915 (925,484) ¥6.57 Washington ...... 18,561,132 19,115,058 553,926 2.98 West Virginia ...... 6,247,535 5,837,010 (410,525) ¥6.57 Wisconsin ...... 11,985,441 11,197,879 (787,562) ¥6.57 Wyoming ...... 2,128,572 2,209,670 81,098 3.81

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TABLE A—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA YOUTH ACTIVITIES STATE ALLOTMENTS COMPARISON OF PY 2018 ALLOTMENTS VS PY 2017 ALLOTMENTS—Continued

State PY 2017 PY 2018 Difference % Difference

State Total ...... 851,428,600 883,868,137 32,439,537 3.81

American Samoa ...... 227,760 236,754 8,994 3.95 Guam ...... 773,087 803,615 30,528 3.95 Northern Marianas ...... 422,385 439,064 16,679 3.95 Palau ...... 75,000 75,000 0 0.00 Virgin Islands ...... 635,674 660,775 25,101 3.95

Outlying Areas Total ...... 2,133,906 2,215,208 81,302 3.81

Native Americans ...... 12,998,414 13,493,655 495,241 3.81 Evaluations set aside ...... 2,488,000 1,129,000 (1,359,000) ¥54.62 Program Integrity set aside ...... 4,367,080 2,710,000 (1,657,080) ¥37.94

TABLE B—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA ADULT ACTIVITIES STATE ALLOTMENTS COMPARISON OF PY 2018 ALLOTMENTS VS PY 2017 ALLOTMENTS

State PY 2017 PY 2018 Difference % Difference

Total Appropriated ...... $815,556,000 $845,556,000 $30,000,000 3.68 Total (WIOA Adult Activities) ...... 809,155,220 842,530,000 33,374,780 4.12 Alabama ...... 15,399,354 16,327,908 928,554 6.03 Alaska ...... 2,571,516 3,040,398 468,882 18.23 Arizona ...... 20,673,071 20,986,794 313,723 1.52 Arkansas ...... 6,691,689 6,270,928 (420,761) ¥6.29 California ...... 117,464,601 117,884,993 420,392 0.36 Colorado ...... 9,286,373 8,702,463 (583,910) ¥6.29 Connecticut ...... 9,998,629 9,369,933 (628,696) ¥6.29 Delaware ...... 2,017,831 2,101,059 83,228 4.12 District of Columbia ...... 2,797,188 2,986,342 189,154 6.76 Florida ...... 47,011,004 51,443,034 4,432,030 9.43 Georgia ...... 26,342,217 24,685,866 (1,656,351) ¥6.29 Hawaii ...... 2,017,831 2,101,059 83,228 4.12 Idaho ...... 2,448,953 2,294,967 (153,986) ¥6.29 Illinois ...... 42,455,721 40,226,996 (2,228,725) ¥5.25 Indiana ...... 13,857,417 12,986,088 (871,329) ¥6.29 Iowa ...... 3,620,871 3,393,197 (227,674) ¥6.29 Kansas ...... 3,832,189 4,357,065 524,876 13.70 Kentucky ...... 13,297,308 13,740,037 442,729 3.33 Louisiana ...... 15,196,124 16,647,287 1,451,163 9.55 Maine ...... 2,609,532 2,445,449 (164,083) ¥6.29 Maryland ...... 12,390,856 11,611,741 (779,115) ¥6.29 Massachusetts ...... 12,457,534 11,674,227 (783,307) ¥6.29 Michigan ...... 24,352,532 26,127,450 1,774,918 7.29 Minnesota ...... 7,225,904 8,472,215 1,246,311 17.25 Mississippi ...... 10,146,478 9,681,200 (465,278) ¥4.59 Missouri ...... 13,746,334 13,103,150 (643,184) ¥4.68 Montana ...... 2,017,831 2,101,059 83,228 4.12 Nebraska ...... 2,017,831 2,101,059 83,228 4.12 Nevada ...... 9,643,279 9,036,927 (606,352) ¥6.29 New Hampshire ...... 2,017,831 2,101,059 83,228 4.12 New Jersey ...... 21,541,938 20,187,420 (1,354,518) ¥6.29 New Mexico...... 7,159,148 8,901,122 1,741,974 24.33 New York ...... 47,853,408 49,370,737 1,517,329 3.17 North Carolina ...... 27,433,397 26,346,674 (1,086,723) ¥3.96 North Dakota ...... 2,017,831 2,101,059 83,228 4.12 Ohio ...... 27,953,259 33,780,803 5,827,544 20.85 Oklahoma ...... 7,504,490 9,074,610 1,570,120 20.92 Oregon ...... 9,805,449 9,188,900 (616,549) ¥6.29 Pennsylvania ...... 29,375,775 36,348,863 6,973,088 23.74 Puerto Rico ...... 26,646,862 27,814,371 1,167,509 4.38 Rhode Island ...... 3,065,937 2,873,156 (192,781) ¥6.29 South Carolina ...... 13,413,830 12,570,393 (843,437) ¥6.29 South Dakota ...... 2,017,831 2,101,059 83,228 4.12 Tennessee ...... 16,453,879 17,019,935 566,056 3.44 Texas ...... 55,507,822 71,907,136 16,399,314 29.54 Utah ...... 2,791,005 2,867,024 76,019 2.72 Vermont ...... 2,017,831 2,101,059 83,228 4.12 Virginia ...... 13,095,513 12,272,091 (823,422) ¥6.29 Washington ...... 17,333,734 18,013,252 679,518 3.92

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TABLE B—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA ADULT ACTIVITIES STATE ALLOTMENTS COMPARISON OF PY 2018 ALLOTMENTS VS PY 2017 ALLOTMENTS—Continued

State PY 2017 PY 2018 Difference % Difference

West Virginia ...... 6,199,542 5,809,726 (389,816) ¥6.29 Wisconsin ...... 10,320,191 9,671,276 (648,915) ¥6.29 Wyoming ...... 2,017,831 2,101,059 83,228 4.12

State Total ...... 807,132,332 840,423,675 33,291,343 4.12

American Samoa ...... 215,479 224,709 9,230 4.28 Guam ...... 731,402 762,731 31,329 4.28 Northern Marianas ...... 399,609 416,727 17,118 4.28 Palau ...... 75,000 75,000 0 0.00 Virgin Islands ...... 601,398 627,158 25,760 4.28

Outlying Areas Total ...... 2,022,888 2,106,325 83,437 4.12

Evaluations set aside ...... 2,323,000 890,000 (1,433,000) ¥61.69 Program Integrity set aside ...... 4,077,780 2,136,000 (1,941,780) ¥47.62

TABLE C—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA DISLOCATED WORKER ACTIVITIES STATE ALLOTMENTS COMPARISON OF PY 2018 ALLOTMENTS VS PY 2017 ALLOTMENTS

State PY 2017 PY 2018 Difference % Difference

Total Appropriated ...... $1,241,719,000 $1,261,719,000 $20,000,000 1.61 Total (WIOA Dislocated Worker Activities) ...... 1,231,974,405 1,257,214,000 25,239,595 2.05 Alabama ...... 20,979,198 19,335,341 (1,643,857) ¥7.84 Alaska ...... 3,691,597 4,914,486 1,222,889 33.13 Arizona ...... 25,219,541 23,243,426 (1,976,115) ¥7.84 Arkansas ...... 6,946,313 6,402,024 (544,289) ¥7.84 California ...... 151,913,910 154,748,352 2,834,442 1.87 Colorado ...... 11,035,397 10,170,702 (864,695) ¥7.84 Connecticut ...... 15,909,908 14,663,263 (1,246,645) ¥7.84 Delaware ...... 2,103,741 2,460,357 356,616 16.95 District of Columbia ...... 4,870,170 6,483,476 1,613,306 33.13 Florida ...... 58,254,657 53,690,026 (4,564,631) ¥7.84 Georgia ...... 36,286,309 40,436,884 4,150,575 11.44 Hawaii ...... 1,757,907 1,620,164 (137,743) ¥7.84 Idaho ...... 2,136,125 1,968,746 (167,379) ¥7.84 Illinois ...... 68,248,493 62,900,780 (5,347,713) ¥7.84 Indiana ...... 15,279,474 14,082,228 (1,197,246) ¥7.84 Iowa ...... 4,495,013 4,142,800 (352,213) ¥7.84 Kansas ...... 4,508,709 4,670,889 162,180 3.60 Kentucky ...... 13,849,199 17,761,938 3,912,739 28.25 Louisiana ...... 15,576,306 20,736,157 5,159,851 33.13 Maine ...... 2,910,185 2,682,153 (228,032) ¥7.84 Maryland ...... 16,638,448 15,334,717 (1,303,731) ¥7.84 Massachusetts ...... 17,226,845 15,877,010 (1,349,835) ¥7.84 Michigan ...... 32,469,417 29,925,227 (2,544,190) ¥7.84 Minnesota ...... 7,681,855 8,704,633 1,022,778 13.31 Mississippi ...... 13,860,858 12,774,770 (1,086,088) ¥7.84 Missouri ...... 15,350,463 14,147,654 (1,202,809) ¥7.84 Montana ...... 1,693,774 1,561,056 (132,718) ¥7.84 Nebraska ...... 2,359,359 2,397,862 38,503 1.63 Nevada ...... 15,103,430 13,919,978 (1,183,452) ¥7.84 New Hampshire ...... 1,907,791 1,758,303 (149,488) ¥7.84 New Jersey ...... 34,753,493 32,030,331 (2,723,162) ¥7.84 New Mexico ...... 10,266,720 13,667,703 3,400,983 33.13 New York ...... 55,904,102 51,523,652 (4,380,450) ¥7.84 North Carolina ...... 32,747,320 30,181,355 (2,565,965) ¥7.84 North Dakota ...... 881,051 812,015 (69,036) ¥7.84 Ohio ...... 29,804,480 39,677,597 9,873,117 33.13 Oklahoma ...... 6,954,719 7,724,855 770,136 11.07 Oregon ...... 12,662,300 11,670,127 (992,173) ¥7.84 Pennsylvania ...... 42,289,168 53,520,091 11,230,923 26.56 Puerto Rico ...... 33,402,882 44,468,015 11,065,133 33.13 Rhode Island ...... 4,482,467 4,131,237 (351,230) ¥7.84 South Carolina ...... 16,832,563 15,513,622 (1,318,941) ¥7.84 South Dakota ...... 958,826 1,163,056 204,230 21.30 Tennessee ...... 20,727,437 19,103,308 (1,624,129) ¥7.84 Texas ...... 49,097,497 62,116,365 13,018,868 26.52 Utah ...... 3,927,378 4,395,205 467,827 11.91

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TABLE C—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WIOA DISLOCATED WORKER ACTIVITIES STATE ALLOTMENTS COMPARISON OF PY 2018 ALLOTMENTS VS PY 2017 ALLOTMENTS—Continued

State PY 2017 PY 2018 Difference % Difference

Vermont ...... 797,048 859,693 62,645 7.86 Virginia ...... 15,174,451 13,985,434 (1,189,017) ¥7.84 Washington ...... 29,054,462 26,777,856 (2,276,606) ¥7.84 West Virginia ...... 8,137,616 7,499,981 (637,635) ¥7.84 Wisconsin ...... 12,769,724 11,769,133 (1,000,591) ¥7.84 Wyoming ...... 957,604 1,098,967 141,363 14.76

State Total ...... 1,012,847,700 1,037,205,000 24,357,300 2.40

American Samoa ...... 328,076 335,308 7,232 2.20 Guam ...... 1,113,592 1,138,139 24,547 2.20 Northern Marianas ...... 608,422 621,836 13,414 2.20 Palau ...... 114,191 111,914 (2,277) ¥1.99 Virgin Islands ...... 915,655 935,838 20,183 2.20

Outlying Areas Total ...... 3,079,936 3,143,035 63,099 2.05

National Reserve* ...... 216,046,769 216,865,965 819,196 0.38 Evaluations set aside ...... 3,536,000 1,325,000 (2,211,000) ¥62.53 Program Integrity set aside ...... 6,208,595 3,180,000 (3,028,595) ¥48.78 * The PY 2017 Dislocated Worker National Reserve amount reflects the initial appropriation; however, the Consolidated Appropriations Act, 2018 contained a $12.5M rescission to the Dislocated Worker National Reserve, decreasing funding in that category to $203,546,769.

TABLE D—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION EMPLOYMENT SERVICE (WAGNER- PEYSER) PY 2018 VS PY 2017 FINAL ALLOTMENTS

State Final PY 2017 Final PY 2018 Difference % Difference

Total Appropriated ...... $671,413,000 $666,413,000 ($5,000,000) ¥0.74 Total (WIOA ES Activities) ...... 666,229,935 663,581,000 (2,648,935) ¥0.40 Alabama ...... 9,027,135 8,908,780 (118,355) ¥1.31 Alaska ...... 7,242,237 7,213,442 (28,795) ¥0.40 Arizona ...... 12,978,929 13,165,903 186,974 1.44 Arkansas ...... 5,217,919 5,162,355 (55,564) ¥1.06 California ...... 78,969,900 78,345,199 (624,701) ¥0.79 Colorado ...... 10,468,606 10,389,581 (79,025) ¥0.75 Connecticut ...... 7,612,739 7,574,461 (38,278) ¥0.50 Delaware ...... 1,860,897 1,858,689 (2,208) ¥0.12 District of Columbia ...... 2,015,455 1,988,531 (26,924) ¥1.34 Florida ...... 38,312,400 38,144,961 (167,439) ¥0.44 Georgia ...... 19,771,269 19,921,213 149,944 0.76 Hawaii ...... 2,380,036 2,352,566 (27,470) ¥1.15 Idaho ...... 6,034,073 6,010,081 (23,992) ¥0.40 Illinois ...... 27,568,320 27,275,919 (292,401) ¥1.06 Indiana ...... 12,751,883 12,602,609 (149,274) ¥1.17 Iowa ...... 6,179,048 6,113,562 (65,486) ¥1.06 Kansas ...... 5,509,961 5,469,981 (39,980) ¥0.73 Kentucky ...... 8,242,605 8,204,609 (37,996) ¥0.46 Louisiana ...... 9,072,599 8,977,219 (95,380) ¥1.05 Maine ...... 3,588,406 3,574,138 (14,268) ¥0.40 Maryland ...... 12,194,677 12,141,754 (52,923) ¥0.43 Massachusetts ...... 13,481,619 13,412,552 (69,067) ¥0.51 Michigan ...... 20,282,456 20,064,262 (218,194) ¥1.08 Minnesota ...... 10,916,782 10,913,401 (3,381) ¥0.03 Mississippi ...... 5,540,675 5,475,041 (65,634) ¥1.18 Missouri ...... 12,085,367 11,926,706 (158,661) ¥1.31 Montana ...... 4,931,074 4,911,468 (19,606) ¥0.40 Nebraska ...... 5,270,650 5,167,751 (102,899) ¥1.95 Nevada ...... 6,059,257 6,016,403 (42,854) ¥0.71 New Hampshire ...... 2,611,819 2,587,728 (24,091) ¥0.92 New Jersey ...... 18,686,255 18,492,789 (193,466) ¥1.04 New Mexico ...... 5,533,534 5,511,533 (22,001) ¥0.40 New York ...... 38,225,469 38,073,357 (152,112) ¥0.40 North Carolina ...... 19,331,991 19,246,083 (85,908) ¥0.44 North Dakota ...... 5,021,310 5,001,345 (19,965) ¥0.40 Ohio ...... 23,078,542 23,186,548 108,006 0.47 Oklahoma ...... 7,090,070 7,052,012 (38,058) ¥0.54 Oregon ...... 8,065,602 8,017,942 (47,660) ¥0.59 Pennsylvania ...... 26,109,470 25,958,852 (150,618) ¥0.58 Puerto Rico ...... 6,712,967 6,637,872 (75,095) ¥1.12

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TABLE D—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION EMPLOYMENT SERVICE (WAGNER- PEYSER) PY 2018 VS PY 2017 FINAL ALLOTMENTS—Continued

State Final PY 2017 Final PY 2018 Difference % Difference

Rhode Island ...... 2,370,967 2,334,313 (36,654) ¥1.55 South Carolina ...... 9,245,152 9,156,790 (88,362) ¥0.96 South Dakota ...... 4,640,845 4,622,393 (18,452) ¥0.40 Tennessee ...... 12,465,126 12,319,202 (145,924) ¥1.17 Texas ...... 50,422,012 51,437,423 1,015,411 2.01 Utah ...... 6,013,824 5,925,522 (88,302) ¥1.47 Vermont ...... 2,174,035 2,165,391 (8,644) ¥0.40 Virginia ...... 15,801,143 15,736,130 (65,013) ¥0.41 Washington ...... 14,769,360 14,707,432 (61,928) ¥0.42 West Virginia ...... 5,311,905 5,290,785 (21,120) ¥0.40 Wisconsin ...... 11,756,933 11,632,564 (124,369) ¥1.06 Wyoming ...... 3,600,593 3,586,277 (14,316) ¥0.40

State Total ...... 664,605,898 661,963,420 (2,642,478) ¥0.40

Guam ...... 311,744 310,505 (1,239) ¥0.40 Virgin Islands ...... 1,312,293 1,307,075 (5,218) ¥0.40

Outlying Areas Total ...... 1,624,037 1,617,580 (6,457) ¥0.40

Evaluations set aside ...... 1,826,000 833,000 (993,000) ¥54.38 Program Integrity set aside ...... 3,357,065 1,999,000 (1,358,065) ¥40.45

TABLE E—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WORKFORCE INFORMATION GRANTS TO STATES PY 2018 VS PY 2017 ALLOTMENTS

State PY 2017 PY 2018 Difference % Difference

Total with Program Integrity ...... $32,000,000 $32,000,000 $0 0.00 Total ...... 31,840,000 31,904,000 64,000 0.20 Alabama ...... 500,653 501,509 856 0.17 Alaska ...... 286,485 287,026 541 0.19 Arizona ...... 625,139 633,995 8,856 1.42 Arkansas ...... 404,113 404,109 (4) 0.00 California ...... 2,515,226 2,510,570 (4,656) ¥0.19 Colorado ...... 585,031 592,880 7,849 1.34 Connecticut ...... 468,956 469,696 740 0.16 Delaware ...... 300,334 300,167 (167) ¥0.06 District of Columbia ...... 290,313 291,143 830 0.29 Florida ...... 1,402,184 1,432,999 30,815 2.20 Georgia ...... 819,642 837,522 17,880 2.18 Hawaii ...... 325,006 325,866 860 0.26 Idaho ...... 339,637 341,187 1,550 0.46 Illinois ...... 1,026,731 1,009,506 (17,225) ¥1.68 Indiana ...... 640,403 637,470 (2,933) ¥0.46 Iowa ...... 447,097 443,793 (3,304) ¥0.74 Kansas ...... 421,676 419,199 (2,477) ¥0.59 Kentucky ...... 477,694 486,277 8,583 1.80 Louisiana ...... 498,566 492,418 (6,148) ¥1.23 Maine ...... 324,364 326,794 2,430 0.75 Maryland ...... 619,671 624,125 4,454 0.72 Massachusetts ...... 670,024 675,725 5,701 0.85 Michigan ...... 816,135 819,622 3,487 0.43 Minnesota ...... 603,738 602,174 (1,564) ¥0.26 Mississippi ...... 396,216 396,428 212 0.05 Missouri ...... 616,601 607,825 (8,776) ¥1.42 Montana ...... 305,779 306,190 411 0.13 Nebraska ...... 364,584 363,280 (1,304) ¥0.36 Nevada ...... 413,767 414,233 466 0.11 New Hampshire ...... 332,445 332,832 387 0.12 New Jersey ...... 786,208 777,919 (8,289) ¥1.05 New Mexico ...... 353,041 354,069 1,028 0.29 New York ...... 1,394,819 1,380,696 (14,123) ¥1.01 North Carolina ...... 816,832 825,773 8,941 1.09 North Dakota ...... 293,299 293,506 207 0.07 Ohio ...... 927,722 923,124 (4,598) ¥0.50 Oklahoma ...... 462,774 459,868 (2,906) ¥0.63 Oregon ...... 485,244 491,524 6,280 1.29 Pennsylvania ...... 1,015,467 1,005,428 (10,039) ¥0.99 Puerto Rico ...... 378,636 375,763 (2,873) ¥0.76

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TABLE E—U.S. DEPARTMENT OF LABOR EMPLOYMENT AND TRAINING ADMINISTRATION WORKFORCE INFORMATION GRANTS TO STATES PY 2018 VS PY 2017 ALLOTMENTS—Continued

State PY 2017 PY 2018 Difference % Difference

Rhode Island ...... 309,389 309,498 109 0.04 South Carolina ...... 515,922 517,937 2,015 0.39 South Dakota ...... 297,615 297,999 384 0.13 Tennessee ...... 614,415 619,474 5,059 0.82 Texas ...... 1,819,094 1,831,157 12,063 0.66 Utah ...... 420,394 427,852 7,458 1.77 Vermont ...... 284,535 284,871 336 0.12 Virginia ...... 745,883 752,203 6,320 0.85 Washington ...... 672,748 681,301 8,553 1.27 West Virginia ...... 336,852 336,297 (555) ¥0.16 Wisconsin ...... 615,095 615,232 137 0.02 Wyoming ...... 279,390 279,379 (11) 0.00

State Total ...... 31,663,584 31,727,430 63,846 0.20

Guam ...... 92,875 92,961 86 0.09 Virgin Islands ...... 83,541 83,609 68 0.08

Outlying Areas Total ...... 176,416 176,570 154 0.09

Program Integrity set aside ...... 160,000 96,000 (64,000) ¥40.00

Rosemary Lahasky, number), TTY/TDD by calling the toll- data on demographic characteristics, Deputy Assistant Secretary for Employment free Federal Information Relay Service types of services received, placements, and Training. at 1–877–889–5627, or by email at outcomes, and follow-up status. [FR Doc. 2018–11307 Filed 5–24–18; 8:45 am] [email protected]. Specifically, they summarize data on BILLING CODE 4510–FN–P Submit written comments about, or participants who received employment requests for a copy of, this ICR by mail and placement services, mentoring, and or courier to the U.S. Department of other services essential to reintegrating DEPARTMENT OF LABOR Labor, Division of Youth Services, Room ex-offenders through REO-Adult N–4508, 200 Constitution Avenue NW, programs. The Department requests a Employment and Training Washington, DC 20210; by email: Administration revision of the currently approved [email protected]; or by Fax: information collection to meet the 202–693–3113. Agency Information Collection reporting and record-keeping Activities; Comment Request; FOR FURTHER INFORMATION CONTACT: requirements of the REO Ex-Offenders- Reintegration of Ex-Offenders Adult Contact Derrick Williams by telephone Adult grants through an ETA-provided, Reporting System at 202–693–3931 (this is not a toll-free Web-based Management Information number) or by email at System (MIS). The Department also ACTION: Notice. [email protected]. requests an increase in the burden hours Authority: 44 U.S.C. 3506(c)(2)(A). and additional data items because DOL SUMMARY: The Department of Labor SUPPLEMENTARY INFORMATION: The DOL, (DOL), Employment and Training is now awarding a larger number of as part of continuing efforts to reduce adult versus juvenile offender grants. Administration (ETA) is soliciting paperwork and respondent burden, comments concerning a proposed This information collection is conducts a pre-clearance consultation conducted under the authority of extension for the authority to conduct program to provide the general public Section 185(a)(2) of the Workforce the information collection request (ICR) and Federal agencies an opportunity to Innovation and Opportunity Act which titled, ‘‘Reintegration of Ex-Offenders comment on proposed and/or requires recipients of funds under Title Adult Reporting System.’’ This continuing collections of information I to maintain such records and submit comment request is part of continuing before submitting them to the OMB for Departmental efforts to reduce final approval. This program helps to such reports as the Secretary requires paperwork and respondent burden in ensure requested data can be provided regarding the performance of programs accordance with the Paperwork in the desired format, reporting burden and activities carried out under this Reduction Act of 1995 (PRA). (time and financial resources) is title. This information collection DATES: Consideration will be given to all minimized, collection instruments are maintains a reporting and record- written comments received by July 24, clearly understood, and the impact of keeping system for a minimum level of 2018. collection requirements can be properly information collection that is necessary ADDRESSES: A copy of this ICR with assessed. to: comply with Equal Opportunity applicable supporting documentation, In applying for the Reentry requirements; hold REO-Adult grantees including a description of the likely Employment Opportunities (REO) Ex- appropriately accountable for the respondents, proposed frequency of Offender-Adult grants, applicants agree Federal funds they receive, including response, and estimated total burden, to submit participant data and quarterly common performance measures; and may be obtained free by contacting aggregate reports for individuals who allow the Department to fulfill its Derrick Williams by telephone at 202– receive services through REO-Adult oversight and management 693–3931 (this is not a toll-free programs. The reports include aggregate responsibilities.

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This information collection is subject Local Criminal Justice and Workforce requirements concerning the format and to the PRA. A Federal agency generally Development Agencies, and Program contents of [applications to make cannot conduct or sponsor a collection Participants. subgrants of LSC funds] annually in the of information, and the public is Estimated Number of Respondents: Federal Register and on its website.’’ 45 generally not required to respond to an 20,472. CFR 1627.4(b). This Notice and the information collection, unless it is Frequency: Varies. publication of the Subgrant Application approved by the OMB under the PRA Total Estimated Annual Responses: on LSC’s website satisfy § 1627.4(b)’s and displays a currently valid OMB 20,850. notice requirement for the LSC 2017 Control Number. In addition, Estimated Average Time per Hurricanes and California Wildfires notwithstanding any other provisions of Response: Varies. Grant program. Only current or law, no person shall generally be subject Estimated Total Annual Burden prospective recipients of LSC funds and to penalty for failing to comply with a Hours: 34,514. applicants for LSC’s 2017 Hurricanes collection of information that does not Total Estimated Annual Other Cost and California Wildfires Grants may display a valid Control Number. See 5 Burden: $0. apply for approval to subgrant these CFR 1320.5(a) and 1320.6. Rosemary Lahasky, funds. Interested parties are encouraged to Deputy Assistant Secretary for Employment Considering the emergency nature of provide comments to the contact shown and Training Administration. the grants, subgrant applications may be in the ADDRESSES section. Comments [FR Doc. 2018–11246 Filed 5–24–18; 8:45 am] submitted before or after a grant must be written to receive BILLING CODE 4510–FT–P applicant receives a 2017 Hurricanes consideration, and they will be and California Wildfires Grants award summarized and included in the request notice. Applications received after the for OMB approval of the final ICR. In LEGAL SERVICES CORPORATION grant award notice is issued must be order to help ensure appropriate submitted at least 45 days in advance of consideration, comments should Notice to LSC Grantees of Application the subgrant’s proposed effective date. mention OMB control number 1205– Process for Subgranting Disaster LSC grantees may subgrant up to 0455. Relief Grant Funds for Hurricanes $20,000 in LSC funds without Submitted comments will also be a Harvey, Irma, and Maria and the 2017 submitting an application for prior matter of public record for this ICR and California Wildfires approval. 45 CFR 1627.4(a)(1). All posted on the internet, without subgrants of LSC funds, however, are redaction. The DOL encourages AGENCY: Legal Services Corporation. subject to LSC’s regulations, guidelines, commenters not to include personally ACTION: Notice of application dates and and instructions. identifiable information, confidential format for applications to subgrant Subgrant applications must be business data, or other sensitive Disaster Relief Grant Funds for submitted at https://lscgrants.lsc.gov. statements/information in any Hurricanes Harvey, Irma, and Maria and Applicants may access the application comments. the 2017 California Wildfires (‘‘2017 under the ‘‘Subgrants’’ heading on their The DOL is particularly interested in Hurricanes and California Wildfires ‘‘LSC Grants’’ home page. Applicants comments that: Grant’’). may initiate an application by selecting • Evaluate whether the proposed ‘‘Initiate Subgrant Application.’’ SUMMARY: The Legal Services collection of information is necessary Applicants must then provide the Corporation (LSC) is the national for the proper performance of the information requested in the LSC Grants organization charged with administering functions of the agency, including data fields, located in the Subrecipient Federal funds provided for civil legal whether the information will have Profile, Subgrant Summary, and services to low-income people. LSC practical utility; Subrecipient Budget screens, and • hereby announces the submission dates Evaluate the accuracy of the upload the following documents: for applications to make subgrants of agency’s estimate of the burden of the • A draft Subgrant Agreement (with LSC 2017 Hurricanes and California proposed collection of information, the required terms provided in LSC’s Wildfires Grant funds. LSC is also including the validity of the Subgrant Agreement Template). providing information about where methodology and assumptions used; Applicants seeking to subgrant to an • Enhance the quality, utility, and applicants may locate subgrant organization that is not a current LSC clarity of the information to be application forms and directions for grantee must also upload: collected; and providing the information required to • The subrecipient’s accounting • Minimize the burden of the apply for a subgrant. collection of information on those who manual (or letter indicating that the DATES: See SUPPLEMENTARY INFORMATION subrecipient does not have one and are to respond, including through the section for application dates. use of appropriate automated, why); ADDRESSES: Legal Services • The subrecipient’s most recent electronic, mechanical, or other Corporation—Office of Compliance and technological collection techniques or audited financial statement (or letter Enforcement, 3333 K Street NW, Third indicating that the subrecipient does not other forms of information technology, Floor, Washington, DC 20007–3522. e.g., permitting electronic submission of have one and why); FOR FURTHER INFORMATION CONTACT: • responses. The subrecipient’s most recent Agency: DOL–ETA. Megan Lacchini, Office of Compliance Form 990 filed with the IRS (or letter Type of Review: Revision. and Enforcement by email at indicating that the subrecipient does not Title of Collection: Reintegration of [email protected], or visit the LSC have one and why); Ex-Offenders Adult Reporting System. website at http://www.lsc.gov/grants- • The subrecipient’s current fidelity Form: Quarterly Performance Report grantee-resources/grantee-guidance/ bond coverage (or letter indicating that (ETA 9140). how-apply-subgrant. the subrecipient does not have one); OMB Control Number: 1205–0455. SUPPLEMENTARY INFORMATION: Under 45 • The subrecipient’s conflict of Affected Public: Faith-Based and CFR part 1627, LSC must publish, on an interest policy (or letter indicating that Community Organizations, State and annual basis, ‘‘notice of the the subrecipient does not have one); and

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• The subrecipient’s whistleblower For subgrant applications submitted NAME AND COMMITTEE CODE: LIGO policy (or letter indicating that the by July 17, 2018, LSC will inform Operations Review for the Division of subrecipient does not have one). applicants of its decision to approve, Physics (1208)—LIGO Livingston LSC’s Subgrant Agreement Template disapprove, or request modifications to Observatory Site Visit. is available on LSC’s website at http:// the subgrant by the end of August 2018. DATE AND TIME: www.lsc.gov/grants-grantee-resources/ LSC will inform all other applicants of grantee-guidance/how-apply-subgrant. its decision by no later than the June 19, 2018; 8:30 a.m.–5:30 p.m. LSC encourages applicants to use subgrant’s proposed effective date. 45 June 20, 2018; 9:00 a.m.–5:30 p.m. LSC’s Subgrant Agreement Template as CFR 1627.4(b)(2). June 21, 2018; 9:00 a.m.–4:00 p.m. a model subgrant agreement. If the Dated: May 21, 2017. applicant does not use LSC’s Template, PLACE: LIGO Livingston Observatory, the proposed agreement must include, Stefanie Davis, 19100 Ligo Ln, Livingston, LA 70754. at a minimum, the substance of the Assistant General Counsel. TYPE OF MEETING: Part-Open. provisions of the Template. [FR Doc. 2018–11231 Filed 5–24–18; 8:45 am] Once submitted, LSC will evaluate BILLING CODE 7050–01–P CONTACT PERSON: Dr. Mark Coles, applications and provide applicants Program Director, Division of Physics, with instructions on any needed National Science Foundation, 2415 modifications to the information, Eisenhower Avenue, Room W 9216, NATIONAL SCIENCE FOUNDATION documents, or Draft Agreement Alexandria, VA 22314; Telephone: (703) provided with the application. The Proposal Review Panel for Physics; 292–4432. applicants must then upload final and Notice of Meeting PURPOSE OF MEETING: Site visit to signed subgrant agreements through provide an evaluation of the progress of LSC Grants. This can be done by In accordance with the Federal the projects at the host site for the selecting ‘‘Upload Signed Agreement’’ Advisory Committee Act (Pub. L. 92– Division of Physics at the National to the right of the application ‘‘Status’’ 463, as amended), the National Science Science Foundation. under the ‘‘Subgrant’’ heading on an Foundation announces the following applicant’s LSC Grants home page. meeting: AGENDA

June 19, 2018: 08:30 a.m.–09:15 a.m. Executive Session ...... CLOSED. 09:15 a.m.–09:45 a.m. Welcome ...... OPEN. 09:45 a.m.–10:30 a.m. LIGO Laboratory Management ...... OPEN. 10:30 a.m.–10:40 a.m. Break. 10:40 a.m.–12:00 p.m. LIGO Detector Commissioning and Upgrades ...... OPEN. 12:00 p.m.–01:00 p.m. Lunch. 01:00 p.m.–01:45 p.m. LIGO Scientific Program ...... OPEN. 01:45 p.m.–02:30 p.m. LIGO Computing ...... OPEN. 02:30 p.m.–03:15 p.m. LIGO Laboratory LIGO-India Program ...... OPEN. 03:15 p.m.–03:30 p.m. Break. 03:30 p.m.–04:15 p.m. LIGO Laboratory Education and Public Outreach ...... OPEN. 04:15 p.m.–05:30 p.m. Panel Executive Session ...... CLOSED. June 20, 2018: 09:00 a.m.–11:00 a.m. LIGO Laboratory Education and Public Outreach ...... OPEN. 11:00 a.m.–02:00 p.m. American Physical Society Ceremony ...... OPEN. 02:00 p.m.–04:00 p.m. LIGO Gravitational-wave Science; LIGO Laboratory Management/Budget I ...... OPEN. 04:00 p.m.–05:30 p.m. Executive Session ...... CLOSED. June 21, 2018: 09:00 a.m.–10:00 a.m. Responses to Committee Questions ...... OPEN. 10:00 a.m.–12:00 p.m. LIGO Computing ...... OPEN. 12:00 p.m.–01:00 p.m. Lunch. 01:00 p.m.–03:30 p.m. Executive Session ...... CLOSED. 03:30 p.m.–04:00 p.m. Close Out Briefing ...... OPEN.

REASON FOR CLOSING: The work being NATIONAL SCIENCE FOUNDATION Tuesday, June 19, 2018; 9:00 a.m. to reviewed during closed portions of the 1:00 p.m. (EDT). site visit include information of a Advisory Committee for International PLACE: National Science Foundation, proprietary or confidential nature, Science and Engineering; Notice of 2415 Eisenhower Avenue, Alexandria, including technical information; Meeting VA 22314; Telephone: (703) 292–8710. financial data, such as salaries and TYPE OF MEETING In accordance with the Federal : Part-Open. personal information concerning Advisory Committee Act (Pub. L. 92– CONTACT PERSON(S): Roxanne Nikolaus, individuals associated with the project. 463, as amended), the National Science Program Manager, OD/OISE, 703–292– These matters are exempt under 5 Foundation (NSF) announces the 8710; Diane Drew, Program Specialist, U.S.C. 552b(c), (4) and (6) of the following meeting: OD/OISE, 703–292–7220; and Suzanne Government in the Sunshine Act. Abo, Program Analyst, OD/OISE, 703– NAME AND COMMITTEE CODE: Advisory Dated: May 22, 2018. 292–2704. Committee for International Science and National Science Foundation, 2415 Crystal Robinson, Engineering Meeting (#25104). Eisenhower Avenue, Alexandria, VA Committee Management Officer. DATE AND TIME: 22314. [FR Doc. 2018–11271 Filed 5–24–18; 8:45 am] Monday, June 18, 2018; 9:00 a.m. to 5:00 PURPOSE OF MEETING: To provide advice, BILLING CODE 7555–01–P p.m. (EDT). recommendations and counsel on major

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goals and policies pertaining to Thursday, June 7, 2018 [email protected]. Determinations on international programs and activities. 9:00 a.m. Joint Meeting of the Federal requests for reasonable accommodation will be made on a case-by-case basis. AGENDA Energy Regulatory Commission (FERC) and the Nuclear Regulatory * * * * * Monday, June 18, 2018; 9:00 a.m. to 5:00 Commission (NRC) (Public Meeting) Members of the public may request to p.m. To be held at FERC Headquarters, receive this information electronically. • Update on OISE activities. 888 First Street NE, Washington, If you would like to be added to the • Discussion of new NSF approach to DC. (Contact: Ngola Otto: 301–415– distribution, please contact the Nuclear international outreach—MULTIplying 6695). Regulatory Commission, Office of the Impact Leveraging International This meeting will be webcast live at Secretary, Washington, DC 20555 (301– Expertise in Research (MULTIPLIER) the web address—www.ferc.gov. 415–1969), or you may email approach. Week of June 11, 2018—Tentative [email protected] or • Discussion of multilateral [email protected]. There are no meetings scheduled for international research collaborations. Dated: May 22, 2018. • Discussion of new approach to the the week of June 11, 2018. Glenn Ellmers, Board on International Scientific Week of June 18, 2018—Tentative Organizations (BISO) (CLOSED Policy Coordinator, Office of the Secretary. SESSION). Tuesday, June, 19, 2018 [FR Doc. 2018–11361 Filed 5–23–18; 11:15 am] BILLING CODE 7590–01–P Tuesday, June 19, 2018; 9:00 a.m. to 9:00 a.m. Briefing on Results of the 1:00 p.m. Agency Action Review Meeting • (Public Meeting) (Contact: Joanna Discussion of overall Advisory Bridge: 301–415–4052). OVERSEAS PRIVATE INVESTMENT Committee strategic planning. This meeting will be webcast live at • CORPORATION Update on NSF international the Web address—http://www.nrc.gov/. collaboration data analytics. • Meet with NSF leadership. Thursday, June 21, 2018 Sunshine Act Meeting Notice REASON FOR CLOSING: Session on the 10:00 a.m. Meeting with the TIME AND DATE: Thursday, June 14, 2017, new approach to the Board on Organization of Agreement States 2 p.m. (OPEN Portion), 2:15 p.m. International Scientific Organizations and the Conference of Radiation (CLOSED Portion). (BISO) will include discussion of Control Program Directors (Public potential proposed agency actions Meeting) (Contact: Paul Michalak: PLACE: Offices of the Corporation, which may properly be closed to the 301–415–5804). Twelfth Floor Board Room, 1100 New public under 5 U.S.C. 552b(c), (4) of the This meeting will be webcast live at York Avenue NW, Washington, DC. Government in the Sunshine Act. the Web address—http://www.nrc.gov/. STATUS: Meeting OPEN to the Public Dated: May 22, 2018. Week of June 25, 2018—Tentative from 2 p.m. to 2:15 p.m., Closed portion Crystal Robinson, will commence at 2:15 p.m. (approx.). There are no meetings scheduled for Committee Management Officer. the week of June 25, 2018. MATTERS TO BE CONSIDERED: [FR Doc. 2018–11272 Filed 5–24–18; 8:45 am] 1. President’s Report Week of July 2, 2018—Tentative BILLING CODE 7555–01–P 2. Minutes of the Open Session of the There are no meetings scheduled for December 14, 2017, Board of the week of July 2, 2018. Directors Meeting NUCLEAR REGULATORY * * * * * FURTHER MATTERS TO BE CONSIDERED COMMISSION The schedule for Commission (CLOSED TO THE PUBLIC 2:15 P.M.): [NRC–2018–0001] meetings is subject to change on short 1. Finance Project—Africa Regional notice. For more information or to verify 2. Finance Project—India Sunshine Act Meetings the status of meetings, contact Denise McGovern at 301–415–0681 or via email 3. Finance Project—India DATE: Weeks of May 28, June 4, 11, 18, at [email protected]. 4. Finance Project—Central America 25, July 2, 2018. * * * * * 5. Finance Project—Africa Regional PLACE: Commissioners’ Conference The NRC Commission Meeting 6. Insurance Project—Ukraine Room, 11555 Rockville Pike, Rockville, Schedule can be found on the internet 7. Finance Project—Latin America Maryland. at: http://www.nrc.gov/public-involve/ 8. Finance Project—Brazil STATUS: Public and Closed. public-meetings/schedule.html. 9. Finance Project—Colombia Week of May 28, 2018 * * * * * 10. Finance Project—El Salvador and The NRC provides reasonable Costa Rica There are no meetings scheduled for accommodation to individuals with the week of May 28, 2018. 11. Finance Project—India disabilities where appropriate. If you 12. Minutes of the Closed Session of the Week of June 4, 2018—Tentative need a reasonable accommodation to December 14, 2017, Board of participate in these public meetings, or Directors Meeting Wednesday, June 6, 2018 need this meeting notice or the 13. Reports 2:00 p.m. Briefing on Human Capital transcript or other information from the and Equal Employment public meetings in another format (e.g., 14. Pending Projects Opportunity (Public Meeting) braille, large print), please notify CONTACT PERSON FOR MORE INFORMATION: (Contact: Sally Wilding: 301–287– Kimberly Meyer-Chambers, NRC Information on the meeting may be 0596). Disability Program Manager, at 301– obtained from Catherine F. I. Andrade at This meeting will be webcast live at 287–0739, by videophone at 240–428– (202) 336–8768, or via email at the Web address—http://www.nrc.gov/. 3217, or by email at Kimberly.Meyer- [email protected].

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Dated: May 23, 2018. establishes comment deadline(s) Act’’) 1 from the rule filing requirements Catherine Andrade, pertaining to each request. of Section 19(b) of the Exchange Act 2 Corporate Secretary, Overseas Private The public portions of the Postal with respect to certain rules of the Investment Corporation. Service’s request(s) can be accessed via Financial Industry Regulatory [FR Doc. 2018–11376 Filed 5–23–18; 11:15 am] the Commission’s website (http:// Authority, Inc. (‘‘FINRA’’) that the BILLING CODE 3210–01–P www.prc.gov). Non-public portions of Exchange seeks to incorporate by the Postal Service’s request(s), if any, reference.3 Section 36 of the Exchange can be accessed through compliance Act authorizes the Commission to POSTAL REGULATORY COMMISSION with the requirements of 39 CFR conditionally or unconditionally 3007.40. exempt any person, security, or [Docket Nos. MC2018–155 and CP2018–224] The Commission invites comments on transaction, or any class thereof, from whether the Postal Service’s request(s) any provision of the Exchange Act or New Postal Products in the captioned docket(s) are consistent rule thereunder, if necessary or with the policies of title 39. For appropriate in the public interest and AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states consistent with the protection of ACTION: Notice. concern market dominant product(s), investors. applicable statutory and regulatory On May 17, 2018, the Commission SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 approved the Exchange’s proposed rule recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 change that would delete the Exchange’s Commission’s consideration concerning CFR part 3020, subpart B. For request(s) current rules and replace them with negotiated service agreements. This that the Postal Service states concern rules to accommodate the re-launch of notice informs the public of the filing, competitive product(s), applicable trading on the Exchange through the invites public comment, and takes other statutory and regulatory requirements Pillar platform.4 Among other things, administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, the new rules include rules relating to DATES: Comments are due: May 29, 39 U.S.C. 3642, 39 CFR part 3015, and the obligations and business conduct of 2018. 39 CFR part 3020, subpart B. Comment the Exchange’s members, referred to as ADDRESSES: Submit comments deadline(s) for each request appear in ETP Holders. electronically via the Commission’s section II. NYSE National has requested, Filing Online system at http:// pursuant to Rule 0–12 under the II. Docketed Proceeding(s) 5 www.prc.gov. Those who cannot submit Exchange Act, that the Commission comments electronically should contact 1. Docket No(s).: MC2018–155 and grant the Exchange an exemption from the person identified in the FOR FURTHER CP2018–224; Filing Title: USPS Request the rule filing requirements of Section INFORMATION CONTACT section by to Add First-Class Package Service 19(b) of the Act for changes to those telephone for advice on filing Contract 93 to Competitive Product List Exchange rules that are effected solely alternatives. and Notice of Filing Materials Under by virtue of a change to a cross- Seal; Filing Acceptance Date: May 21, referenced FINRA rule, including FOR FURTHER INFORMATION CONTACT: 2018; Filing Authority: 39 U.S.C. 3642 FINRA rules designated as NASD rules.6 David A. Trissell, General Counsel, at and 39 CFR 3020.30 et seq.; Public Specifically, the Exchange requests that 202–789–6820. Representative: Christopher C. Mohr; it be permitted to incorporate by SUPPLEMENTARY INFORMATION: Comments Due: May 29, 2018. reference changes made to each FINRA rule (or series of rules, in the case of Table of Contents This notice will be published in the Federal Register. FINRA’s Code of Arbitration Procedure) I. Introduction that is cross-referenced in the following II. Docketed Proceeding(s) Stacy L. Ruble, Secretary. I. Introduction 1 15 U.S.C. 78mm(a)(1). [FR Doc. 2018–11282 Filed 5–24–18; 8:45 am] 2 15 U.S.C. 78s(b). The Commission gives notice that the BILLING CODE 7710–FW–P 3 See Letter from Elizabeth K. King, General Postal Service has filed request(s) for the Counsel and Corporate Secretary, New York Stock Commission to consider matters related Exchange, to Brent J. Fields, Secretary, Commission, dated May 18, 2018 (‘‘Exemptive Request’’). The to negotiated service agreement(s). The SECURITIES AND EXCHANGE Exchange submitted the Exemptive Request in requests(s) may propose the addition or COMMISSION connection with a proposed rule change, in removal of a negotiated service connection with the re-launch of trading on NYSE agreement from the market dominant or [Release No. 34–83296] National on the Pillar trading platform. The proposal, as amended by Amendment No. 1, which the competitive product list, or the Order Granting Application by NYSE was filed by the Exchange on May 16, 2018, modification of an existing product National, Inc. for an Exemption includes: (1) Amendments to Article V, Sections currently appearing on the market Pursuant to Section 36(a) of the 5.01 and 5.8 of the Fourth Amended and Restated dominant or the competitive product Bylaws of NYSE National (‘‘Bylaws’’); (2) new rules Exchange Act From the Rule Filing based on the rules of the Exchange’s affiliates list. Requirements of Section 19(b) of the relating to (a) trading securities on an unlisted Section II identifies the docket Exchange Act With Respect to Certain trading privileges basis (Rule 5), (b) trading on the number(s) associated with each Postal Rules Incorporated by Reference Pillar trading platform (Rules 1 and 7), (c) Service request, the title of each Postal disciplinary rules (Rule 10), and (d) administration of the Exchange (Rules 3, 12 and 13); (3) rule Service request, the request’s acceptance May 21, 2018. changes that renumber and update current date, and the authority cited by the NYSE National, Inc. (‘‘NYSE Exchange rules relating to (a) membership (Rule 2), Postal Service for each request. For each National’’ or ‘‘Exchange’’) has filed with (b) order audit trail requirements (Rule 6), and (c) request, the Commission appoints an the Securities and Exchange trading practices (Rule 11); and (4) deletion of Chapters I–XVI and the rules contained therein. officer of the Commission to represent Commission (‘‘Commission’’) an 4 See Securities Exchange Act Release No. 83289 the interests of the general public in the application for an exemption under (May 17, 2018). proceeding, pursuant to 39 U.S.C. 505 Section 36(a)(1) of the Securities 5 17 CFR 240.0–12. (Public Representative). Section II also Exchange Act of 1934 (‘‘Exchange 6 See Exemptive Request, supra note 3, at 1–2.

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proposed NYSE National Rules, without opportunity to comment on the exemption in 2010, the Commission the need for the Exchange to file proposal. The Exchange further repeated a prior, 2004 Commission separately the same proposed rule represents that it will inform members statement that it would consider similar changes pursuant to Section 19(b) of the in writing when the Commission future exemption requests from other Act: 7 approves any such proposed rule SROs, provided that: • Rule 2.2 (Obligations of ETP changes.11 • An SRO wishing to incorporate Holders and the Exchange) cross- According to the Exchange, this rules of another SRO by reference has references NASD Rule 1032(f)(1), exemption is necessary and appropriate submitted a written request for an order • Rule 6.7440 (Recording of Order because it would result in the exempting it from the requirement in Information) cross-references FINRA Exchange’s rules being consistent with Section 19(b) of the Exchange Act to file Rule 7740, the relevant cross-referenced FINRA proposed rule changes relating to the • Rule 6.7450 (Order Data rules at all times, thus ensuring rules incorporated by reference, has Transmission Requirements) cross- identical regulation of joint members of identified the applicable originating references FINRA Rule 7450, the Exchange and FINRA with respect to SRO(s), together with the rules it wants • Rule 11.2111 (Suitability) cross- such rules. Without such an exemption, to incorporate by reference, and references FINRA Rule 2111, joint members of the Exchange and otherwise has complied with the • Rule 11.2210 (Communications FINRA could be subject to two different procedural requirements set forth in the with the Public) cross-references FINRA standards.12 Moreover, the Exchange Commission’s release governing Rule 2210 (except FINRA Rule 2210(c)), believes that by incorporating the above- procedures for requesting exemptive • Rule 11.2232 (Customer referenced FINRA rules in the orders pursuant to Rule 0–12 under the Confirmations) cross-references FINRA Exchange’s rulebook as rules of the Exchange Act;16 • Rule 2232, Exchange, the exemption would ensure The incorporating SRO has • Rule 11.3310 (Anti-Money consistent regulation of Exchange ETP requested incorporation of categories of Laundering Compliance Program) cross- Holders that are not FINRA members rules (rather than individual rules references FINRA Rule 3310, and Exchange ETP Holders that are within a category) that are not trading • Rule 11.5320 (Prohibition Against FINRA members.13 In addition, the rules (e.g., the SRO has requested Trading Ahead of Customer Orders) Exchange believes that the exemption incorporation of rules such as margin, cross-references FINRA Rule 5310, would ensure consistency between suitability, or arbitration); and • • Rule 11.5320 Commentary .01 certain Exchange and FINRA rules that The incorporating SRO has (Large Orders and Institutional Account are covered by the Exchange’s reasonable procedures in place to provide written notice to its members Exceptions) cross-references FINRA regulatory services agreement (‘‘RSA’’) each time a change is proposed to the Rule 4512(c), and with FINRA, which would facilitate • Rule 12 (Code of Arbitration incorporated rules of another SRO.17 FINRA’s provision of services to the The Commission believes that the Procedure for Customer and Industry Exchange under the RSA within the Disputes) cross-references the 12000 14 Exchange has satisfied each of these scope of those rules. conditions. The Commission also and the 13000 Series of the FINRA Code The Commission has issued of Arbitration and FINRA Rule 2268. believes that granting the Exchange an exemptions similar to the Exchange’s exemption from the rule filing The Exchange states that the direct request.15 In granting one such incorporations by reference of FINRA requirements under Section 19(b) of the Exchange Act will promote efficient use rules, certain of which are regulatory in 11 See Exemptive Request, supra note 3, at 3. nature,8 are intended to be a 12 See Exemptive Request, supra note 3, at 2. of Commission and Exchange resources comprehensive integration of the 13 Id. by avoiding duplicative rule filings relevant FINRA rules into NYSE 14 Id. based on simultaneous changes to National’s rules.9 The Exchange 15 See, e.g., Securities Exchange Act Release Nos. identical rule text sought by more than represents that, as a condition to the 83040 (April 12, 2018), 75 FR 17198 (April 18, one SRO.18 The Commission therefore 2018)(order granting MIAX PEARL, LLC’s finds it appropriate in the public requested exemption from Section 19(b) exemptive request relating to rules of the Miami of the Act, the Exchange agrees to International Securities Exchange, LLC interest and consistent with the provide written notice to its members incorporated by reference); 76998 (January 29, protection of investors to exempt the whenever FINRA proposes a change to 2016), 81 FR 6066, 6083–84 (February 4, 2016) Exchange from the rule filing (order granting application for registration as a 10 requirements under Section 19(b) of the a cross-referenced rule. Such notice national securities exchange of ISE Mercury, LLC will alert Exchange members to the (now known as Nasdaq MRX, LLC) and exemptive Exchange Act with respect to the above- proposed rule change and give them an request relating to rules of the International described rules it has incorporated by Securities Exchange, LLC (now known as Nasdaq reference. This exemption is ISE, LLC) (‘‘ISE’’) incorporated by reference, 7 conditioned upon the Exchange Id. including index options rules); 70050 (July 26, 8 The Exchange represents that the FINRA rules 2013), 78 FR 46622, 46642 (August 1, 2013) (order proposed to be incorporated by reference are not granting application for registration as a national Options Market rules) (‘‘BATS Options Market trading rules. In addition, the Exchange notes that securities exchange of Topaz Exchange, LLC (now Order’’). several other self-regulatory organizations (‘‘SROs’’) known as Nasdaq GEMX, LLC) and exemptive 16 See 17 CFR 240.0–12 and Securities Exchange incorporate by reference certain regulatory rules of request relating to rules of ISE incorporated by Act Release No. 39624 (February 5, 1998), 63 FR another SRO and have received from the reference, including index options rules); 61152 8101 (February 18, 1998) (‘‘Commission Procedures Commission similar exemptions from Section 19(b) (December 10, 2009), 74 FR 66699, 66709–10 for Filing Applications for Orders for Exemptive of the Exchange Act. See Exemptive Request, supra (December 16, 2009) (order granting application for Relief Pursuant to Section 36 of the Exchange Act; note 3, at 2, n. 5. registration as a national securities exchange of C2 Final Rule’’). 9 See Exemptive Request, supra note 3, at 2–3. Options Exchange, Incorporated (‘‘C2’’) and 17 See BATS Options Market Order, supra note 15 10 See Exemptive Request, supra note 3, at 3. The exemptive request relating to rules of the Chicago (citing Securities Exchange Act Release No. 49260 Exchange represents that it will provide such notice Board Options Exchange, Incorporated (‘‘CBOE’’) (February 17, 2004), 69 FR 8500 (February 24, 2004) via a posting on the same website location where incorporated by reference, including index options (order granting exemptive request relating to rules the Exchange will post its own rule filings pursuant rules). See also, e.g., Securities Exchange Act incorporated by reference by several SROs) (‘‘2004 to Rule 19b–4(1) within the time frame required by Release No. 61534 (February 18, 2010), 75 FR 8760 Order’’)). such Rule. The website posting will include a link (February 25, 2010) (order granting BATS Exchange, 18 See BATS Options Market Order, supra note to the location on FINRA’s website where the Inc.’s exemptive request relating to rules 15, 75 FR at 8761; see also 2004 Order, supra note applicable proposed rule change is posted. Id. incorporated by reference by the BATS Exchange 17, 69 FR at 8502.

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promptly providing written notice to its overlying equities, ETFs, ETNs and the individual components of their members whenever FINRA changes a indexes which are Multiply Listed).’’ Complex Orders in SPY against Market rule that the Exchange has incorporated The text of the proposed rule change Maker 6 or Specialist 7 quotes that are by reference. is available on the Exchange’s website at resting on the Simple Order Book. Accordingly, it is ordered, pursuant to http://nasdaqphlx.cchwallstreet.com/, Today, Customers submit Complex Section 36 of the Exchange Act,19 that at the principal office of the Exchange, Orders to the Exchange because often, the Exchange is exempt from the rule and at the Commission’s Public Customers are able to execute such filing requirements of Section 19(b) of Reference Room. Complex Orders immediately by the Exchange Act solely with respect to II. Self-Regulatory Organization’s executing the individual components changes to the rules identified in its Statement of the Purpose of, and thereof through interactions with request that incorporate by reference Statutory Basis for, the Proposed Rule Market Maker and Specialist quotes that rest on the Exchange’s Simple Order certain FINRA rules that are the result Change of changes to such FINRA rules, Book. These Customers benefit from not provided that the Exchange promptly In its filing with the Commission, the having to wait for counterparties that provides written notice to its members Exchange included statements are willing to execute against their whenever FINRA proposes to change a concerning the purpose of and basis for Complex Orders in the Complex Order rule that the Exchange has incorporated the proposed rule change and discussed Book. The Exchange proposes to by reference. any comments it received on the increase the surcharge from $0.05 to proposed rule change. The text of these For the Commission, by the Division of $0.15 per contract for Customers that Trading and Markets, pursuant to delegated statements may be examined at the execute Complex Orders against Market authority.20 places specified in Item IV below. The Maker or Specialist quotes resting on 8 Eduardo A. Aleman, Exchange has prepared summaries, set the Simple Order Book. The Exchange forth in sections A, B, and C below, of Assistant Secretary. proposes this surcharge increase to the most significant aspects of such reduce further the Exchange’s costs for [FR Doc. 2018–11226 Filed 5–24–18; 8:45 am] statements. these transactions. Not only does the BILLING CODE 8011–01–P A. Self-Regulatory Organization’s Exchange receive no fees from Customers for engaging in these Statement of the Purpose of, and 9 SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule transactions, but the Exchange also COMMISSION Change pays rebates to the Market Makers and Specialists whose quotes execute [Release No. 34–83295; File No. SR–Phlx– 1. Purpose against the Customers’ Complex 2018–39] 10 The Exchange proposes to amend Orders. Pursuant to Section I, Part A of the Exchange’s Pricing Schedule, Self-Regulatory Organizations; Nasdaq Phlx’s Pricing Schedule at Section I, these rebates range from $0.15 to $0.35 PHLX LLC; Notice of Filing and entitled ‘‘Rebates and Fees for Adding per contact. Immediate Effectiveness of Proposed and Removing Liquidity in SPY,’’ and Rule Change To Amend Sections I and Section II, entitled ‘‘Multiply Listed Section II Options Fees (Includes options II of the Pricing Schedule The Exchange proposes to amend overlying equities, ETFs, ETNs and Section II to increase a surcharge May 21, 2018. indexes which are Multiply Listed).’’ assessed to electronic Complex Orders Pursuant to Section 19(b)(1) 1 of the Specifically, the Exchange proposes to that remove liquidity 11 from the Securities Exchange Act of 1934 amend a surcharge in Section I, Part B, Complex Order Book and auctions, (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 which applies to options overlying SPY notice is hereby given that on May 10, as well as a surcharge in Section II 6 The term ‘‘ROT, SQT and RSQT’’ applies to 2018, Nasdaq PHLX LLC (‘‘Phlx’’ or related to Complex Orders in order to transactions for the accounts of Registered Option ‘‘Exchange’’) filed with the Securities further reduce the costs to the Exchange Traders (‘‘ROTs’’), Streaming Quote Traders and Exchange Commission of such transactions. Each surcharge (‘‘SQTs’’), and Remote Streaming Quote Traders (‘‘Commission’’) the proposed rule (‘‘RSQTs’’). For purposes of the Pricing Schedule, amendment is described below in more the term ‘‘Market Maker’’ will be utilized to change as described in Items I, II, and detail. describe fees and rebates applicable to ROTs, SQTs III below, which Items have been and RSQTs. RSQTs may also be referred to as prepared by the Exchange. The Section I, Part B Remote Market Markers (‘‘RMMs’’). See Preface to Commission is publishing this notice to The Exchange proposes to amend Phlx’s Pricing Schedule. 7 The term ‘‘Specialist’’ applies to transactions for solicit comments on the proposed rule Section I, Part B to amend Complex the account of a Specialist (as defined in Exchange change from interested persons. Order 4 fees for SPY. The Exchange Rule 1020(a)). A Specialist is an Exchange member proposes to increase a surcharge of registered as an options specialist pursuant to Rule I. Self-Regulatory Organization’s $0.05 per contract, which is currently 1020(a). An options Specialist includes a Remote Specialist, which is defined as an options specialist Statement of the Terms of Substance of 5 assessed to Customers when executing in one or more classes that does not have a physical the Proposed Rule Change presence on an Exchange floor and is approved by The Exchange proposes to amend 4 A Complex Order is an order involving the the Exchange pursuant to Rule 501. Phlx’s Pricing Schedule at Section I, simultaneous purchase and/or sale of two or more 8 A component of a Complex Order may ‘‘leg’’ entitled ‘‘Rebates and Fees for Adding different options series in the same underlying against a resting order in the Simple Order Book. security, priced as a net debit or credit based on the 9 Non-Customer market participants pay fees for and Removing Liquidity in SPY,’’ and relative prices of the individual components, for the adding and removing liquidity in Complex Orders Section II, entitled ‘‘Multiply Listed same account, for the purpose of executing a as noted in Section I, Part B of the Pricing Schedule, Options Fees (Includes options particular investment strategy. See Phlx Rule 1098. although Customers pay no such fees. 5 The term ‘‘Customer’’ applies to any transaction 10 See rebates in Section I, Part A of the Pricing that is identified by a member or member Schedule. 19 15 U.S.C. 78mm. organization for clearing in the Customer range at 11 20 The Exchange notes that an order that is 17 CFR 200.30–3(a)(76). The Options Clearing Corporation which is not for received by the trading system first in time shall be 1 15 U.S.C. 78s(b)(1). the account of a broker or dealer or for the account considered an order adding liquidity and an order 2 15 U.S.C. 78a. of a ‘‘Professional’’ (as that term is defined in Rule that trades against that order shall be considered an 3 17 CFR 240.19b–4. 1000(b)(14)). order removing liquidity.

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excluding PIXL,12 in Non-Penny Pilot reasonable dues, fees, and other charges unfairly discriminatory because the Options (excluding NDX and NDXP).13 among members and issuers and other Exchange will uniformly apply the fee The Exchange proposes to increase this persons using any facility, and is not to all similarly-situated Customers. Even surcharge for electronically-delivered designed to permit unfair with this increased surcharge, Complex Orders from $0.10 to $0.12 per discrimination between customers, Customers are assessed the least amount contract to reduce further the issuers, brokers, or dealers. per contract for executions in SPY. As Exchange’s costs for these transactions. noted herein, Customers are not Section I, Part B Today, Customers pay no Options assessed fees for adding and removing Transaction Charges in Non-Penny Pilot The Exchange’s proposal to amend liquidity for SPY Complex Orders. With Options.14 The Exchange pays Customer Section I, Part B related to Complex respect to the Simple Market, a rebates for Complex Orders in Section B Order fees for SPY to increase the Customer is assessed the lowest fee for of the Pricing Schedule. The Exchange surcharge from $0.05 to $0.15 per removing liquidity.23 The Exchange desires to continue to incentivize contract on Customers that execute believes that it is equitable and not Customers to interact with Complex Complex Orders against Market Maker unfairly discriminatory to assess Order liquidity by offering those rebates or Specialist quotes resting on the Customers no fees or lower fees because in Section B of the Pricing Schedule. Simple Order Book is reasonable Customer orders bring valuable liquidity The Exchange believes that while the because the surcharge would reduce the to the market, which benefits other surcharge is being increased for the Exchange’s costs associated with these market participants. Customer liquidity Options Transaction Charge in Non- transactions. Each such transaction benefits all market participants by Penny Pilot Options excluding NDX and costs the Exchange between $0.15 and providing more trading opportunities, NDXP, the fees remain competitive as $0.35 per contract in rebates to Market which attracts Specialists and Market the Exchange does not assess Customers Makers and Specialists. Moreover, it is Makers. An increase in the activity of a fee but offers Customers rebates. The reasonable to impose this surcharge on these market participants in turn surcharge is assessed to Non- Customers because Customers benefit facilitates tighter spreads, which may Customers.15 The Exchange is proposing the most from being able to achieve cause an additional corresponding to add ‘‘Non-Customers’’ to footnote 7 of immediate executions of their Complex increase in order flow from other market Section II of the Pricing Schedule to Orders in the relevant scenario. The participants. Exchange believes that the surcharge is make clear that today, Customers do not Section II get assessed a surcharge. The Exchange minimal and will not be substantial assesses surcharges to market enough to eliminate or even The Exchange’s proposal to amend participants that pay Options significantly diminish the benefits to Section II to increase a surcharge Transaction Charges. In this case, only Customers of being able to achieve assessed to electronic Complex Orders Non-Customer market participants pay immediate executions in this manner. that remove liquidity from the Complex an Options Transaction Charge for Non- Finally, the Exchange notes that all Order Book and auctions, excluding other account categories, PIXL, in Non-Penny Pilot Options Penny Pilot Options. Customers are not Professionals,18 Firms,19 Broker- (excluding NDX and NDXP) from $0.10 assessed a surcharge today because they Dealers,20 Specialists, and Market to $0.12 per contract is reasonable pay no Options Transaction Charge. By Makers, pay higher fees when the because it will further offset the cost of [sic] adding the term ‘‘Non-Customer’’ Complex Order removes liquidity from paying rebates as provided for in into this provision will amend the the Complex Order Book or the Simple Section I, Part A to Specialists and sentence to make clear that the Order Book 21 than Customers would Market Makers. The Exchange believes surcharge is only being assessed to a pay under the proposal when they that it is reasonable to only assess this Non-Customer. execute their Complex Orders against surcharge to those orders which remove 2. Statutory Basis Simple Orders of Market Makers and liquidity from the market because the The Exchange believes that its Specialists that are resting on the Exchange wants to continue to 22 proposal is consistent with Section 6(b) Simple Order Book. encourage market participation and The Exchange’s proposal to amend of the Act,16 in general, and furthers the price improvement for those Section I, Part B to amend Complex objectives of Sections 6(b)(4) and 6(b)(5) participants that seek to add liquidity Order fees for SPY to increase the of the Act,17 in particular, in that it on Phlx. The Exchange believes that not surcharge from $0.05 to $0.15 per provides for the equitable allocation of assessing the surcharge on PIXL and contract on Customers that execute SPY orders is reasonable. PIXL has its Complex Orders against Market Maker 24 12 PIXLSM is the Exchange’s price improvement own pricing, and the Exchange wants mechanism known as Price Improvement XL or or Specialist quotes resting on the to continue to encourage price PIXL. See Phlx Rule 1087. Simple Order Book is equitable and not improvement within PIXL. SPY has its 13 Today, this surcharge is not subject to the own rebate program separate and apart Monthly Market Maker Cap. Phlx Specialists and 18 The term ‘‘Professional’’ applies to transactions from Section B.25 Limiting the Market Makers are subject to a ‘‘Monthly Market for the accounts of Professionals, as defined in surcharges to electronically-delivered Maker Cap’’ of $500,000 for: (i) Electronic Option Exchange Rule 1000(b)(14) as any person or entity Transaction Charges, excluding surcharges and that (i) is not a broker or dealer in securities, and transactions is reasonable because the excluding options overlying NDX and NDXP; and (ii) places more than 390 orders in listed options Section B rebates apply only to (ii) QCC Transaction Fees (as defined in Exchange per day on average during a calendar month for its electronically-delivered Customer Rule 1080(o) and Floor QCC Orders, as defined in own beneficial account(s). orders. Further, limiting the surcharge 1064(e)). 19 The term ‘‘Firm’’ applies to any transaction that 14 Non-Customer market participants pay a $0.75 is identified by a member or member organization to orders entered electronically is per contract Options Transaction Charge in Non- for clearing in the Firm range at OCC. Penny Pilot Options excluding NDX and NDXP. 20 The term ‘‘Broker-Dealer’’ applies to any 23 A component of a Complex Order may ‘‘leg’’ 15 The term ‘‘Non-Customer’’ applies to transaction, which is not subject to any of the other against a resting order in the Simple Order Book. transactions for the accounts of Specialists, Market transaction fees applicable within a particular 24 See Section IV, Part A of the Pricing Schedule. Makers, Firms, Professionals, Broker-Dealers and category. 25 See Section I of the Pricing Schedule. SPY JBOs. 21 A component of a Complex Order may ‘‘leg’’ Pricing is only in Section I. Section II pricing 16 15 U.S.C. 78f(b). against a resting order in the Simple Order Book. applies to Multiply-Listed Options excluding SPY 17 15 U.S.C. 78f(b)(4) and (5). 22 See Section I, Part B of the Pricing Schedule. options.

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equitable and not unfairly of the purposes of the Act. In terms of that remove liquidity from the Complex discriminatory because the Exchange inter-market competition, the Exchange Order Book and auctions, excluding has expended considerable resources to notes that it operates in a highly PIXL, in Non-Penny Pilot Options develop its electronic trading platforms competitive market in which market (excluding NDX and NDXP) from $0.10 and seeks to recoup the costs of such participants can readily favor competing to $0.12 per contract does not impose an expenditures. Finally, excluding NDX venues if they deem fee levels at a undue burden on competition because and NDXP is reasonable because these particular venue to be excessive, or the Exchange will uniformly apply this symbols are currently subject to a rebate opportunities available at other surcharge to all Non-Customer or [sic] surcharge.26 The Exchange’s proposal to venues to be more favorable. In such an market participants that pay an Options add ‘‘Non-Customers’’ to footnote 7 of environment, the Exchange must Transaction Charge. The Exchange’s Section II of the Pricing Schedule is continually adjust its fees to remain proposal to add ‘‘Non-Customers’’ to reasonable because today Customers do competitive with other exchanges and footnote 7 of Section II of the Pricing not get assessed a surcharge. The with alternative trading systems that Schedule does not impose an undue surcharge is assessed to Non-Customer have been exempted from compliance burden on competition because market participants who pay an Options with the statutory standards applicable Customers are not assessed a surcharge Transaction Charge for Non-Penny Pilot to exchanges. Because competitors are today because they pay no Options Options. Customers are not assessed a free to modify their own fees in Transaction Charge. By [sic] adding the surcharge today because they pay no response, and because market term ‘‘Non-Customer’’ into this Options Transaction Charge. By [sic] participants may readily adjust their provision will amend the sentence to adding the term ‘‘Non-Customer’’ into order routing practices, the Exchange make clear that the surcharge is only this provision will amend the sentence believes that the degree to which fee being assessed to a Non-Customers. The to make clear that the surcharge is only changes in this market may impose any Exchange believes that assessing no being assessed to a Non-Customer. burden on competition is extremely Options Transaction Charge for Non- The Exchange’s proposal to amend limited. Penny Pilot Options and not assessing a Section II to increase a surcharge Section I, Part B surcharge fee does not impose an undue assessed to electronic Complex Orders burden on competition because that remove liquidity from the Complex The Exchange’s proposal to amend Customer liquidity benefits all market Order Book and auctions, excluding Section I, Part B to amend Complex participants by providing more trading PIXL, in Non-Penny Pilot Options Order fees for SPY to increase the opportunities, which attracts Specialists (excluding NDX and NDXP) from $0.10 surcharge from $0.05 to $0.15 per and Market Makers. An increase in the to $0.12 per contract is equitable and contract on Customers that execute activity of these market participants in not unfairly discriminatory because the Complex Orders against Market Maker turn facilitates tighter spreads, which Exchange will uniformly apply this or Specialist quotes resting on the may cause an additional corresponding surcharge to all Non-Customer or [sic] Simple Order Book does not impose an increase in order flow from other market market participants that pay an Options undue burden on competition because participants. Transaction Charge. The Exchange’s the Exchange will uniformly apply the proposal to add ‘‘Non-Customers’’ to fee to all similarly-situated Customers. C. Self-Regulatory Organization’s footnote 7 of Section II of the Pricing Even with this increased surcharge, Statement on Comments on the Schedule is equitable and not unfairly Customers are assessed the least amount Proposed Rule Change Received From discriminatory because Customers are per contract for executions in SPY. As Members, Participants, or Others not assessed a surcharge today because noted herein, Customers are not No written comments were either they pay no Options Transaction assessed fees for adding and removing solicited or received. Charge. By [sic] adding the term ‘‘Non- liquidity for SPY Complex Orders. With Customer’’ into this provision will respect to the Simple Market, a III. Date of Effectiveness of the amend the sentence to make clear that Customer is assessed the lowest fee for Proposed Rule Change and Timing for the surcharge is only being assessed to removing liquidity.27 The Exchange Commission Action a Non-Customers. The Exchange believes that it is equitable and not The foregoing rule change has become believes that it is equitable and not unfairly discriminatory to assess effective pursuant to Section unfairly discriminatory to assess no Customers no fees or lower fees because 19(b)(3)(A)(ii) of the Act.28 Options Transaction Charge for Non- Customer orders bring valuable liquidity At any time within 60 days of the Penny Pilot Options or surcharge fee to the market, which benefits other filing of the proposed rule change, the because Customer liquidity benefits all market participants. Customer liquidity Commission summarily may market participants by providing more benefits all market participants by temporarily suspend such rule change if trading opportunities, which attracts providing more trading opportunities, it appears to the Commission that such Specialists and Market Makers. An which attracts Specialists and Market action is: (i) Necessary or appropriate in increase in the activity of these market Makers. An increase in the activity of the public interest; (ii) for the protection participants in turn facilitates tighter these market participants in turn of investors; or (iii) otherwise in spreads, which may cause an additional facilitates tighter spreads, which may furtherance of the purposes of the Act. corresponding increase in order flow cause an additional corresponding If the Commission takes such action, the from other market participants. increase in order flow from other market Commission shall institute proceedings to determine whether the proposed rule B. Self-Regulatory Organization’s participants. should be approved or disapproved. Statement on Burden on Competition Section II IV. Solicitation of Comments The Exchange does not believe that The Exchange’s proposal to amend the proposed rule change will impose Section II to increase a surcharge Interested persons are invited to any burden on competition not assessed to electronic Complex Orders submit written data, views, and necessary or appropriate in furtherance arguments concerning the foregoing, 27 A component of a Complex Order may ‘‘leg’’ 26 See Section II of the Pricing Schedule. against a resting order in the Simple Order Book. 28 15 U.S.C. 78s(b)(3)(A)(ii).

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including whether the proposed rule SECURITIES AND EXCHANGE institutes proceedings under Section change is consistent with the Act. COMMISSION 19(b)(2)(B) of the Exchange Act 7 to Comments may be submitted by any of determine whether to approve or the following methods: [Release No. 34–83293; File No. SR– disapprove the proposed rule change. CboeBZX–2018–010] Electronic Comments I. Summary of the Exchange’s Self-Regulatory Organizations; Cboe • Description of the Proposed Rule Use the Commission’s internet BZX Exchange, Inc.; Order Instituting Change 8 comment form (http://www.sec.gov/ Proceedings To Determine Whether To The Exchange proposes to adopt BZX rules/sro.shtml); or Approve or Disapprove a Proposed Rule 14.11(k), which would govern the • Send an email to rule-comments@ Rule Change To Adopt BZX Rule listing and trading of Managed Portfolio sec.gov. Please include File Number SR– 14.11(k) To Permit the Listing and Shares.9 The Exchange also proposes to Phlx–2018–39 on the subject line. Trading of Managed Portfolio Shares list and trade Shares of the ClearBridge Paper Comments and To List and Trade Shares of the Appreciation ETF, ClearBridge Large ClearBridge Appreciation ETF, Cap ETF, ClearBridge Mid Cap Growth • Send paper comments in triplicate ClearBridge Large Cap ETF, ETF, ClearBridge Select ETF, and to Secretary, Securities and Exchange ClearBridge Mid Cap Growth ETF, ClearBridge All Cap Value ETF under Commission, 100 F Street NE, ClearBridge Select ETF, and proposed BZX Rule 14.11(k) (each a Washington, DC 20549–1090. ClearBridge All Cap Value ETF ‘‘Fund,’’ and collectively the ‘‘Funds’’). All submissions should refer to File May 21, 2018. Number SR–Phlx–2018–39. This file A. Description of the Funds On February 5, 2018, Cboe BZX number should be included on the The portfolio for each Fund will Exchange, Inc. (‘‘Exchange’’ or ‘‘BZX’’) subject line if email is used. To help the consist primarily of long and/or short filed with the Securities and Exchange Commission process and review your positions in U.S. exchange-listed Commission (‘‘Commission’’), pursuant comments more efficiently, please use securities and shares issued by other to Section 19(b)(1) of the Securities only one method. The Commission will U.S. exchange-listed exchange-traded Exchange Act of 1934 (‘‘Exchange post all comments on the Commission’s funds (‘‘ETFs’’).10 All exchange-listed Act’’) 1 and Rule 19b–4 thereunder,2 a internet website (http://www.sec.gov/ equity securities in which the Funds proposed rule change to adopt BZX Rule rules/sro.shtml). Copies of the will invest will be listed and traded on 14.11(k) to permit the listing and trading submission, all subsequent U.S. national securities exchanges. of Managed Portfolio Shares, and to list amendments, all written statements and trade shares (‘‘Shares’’) of the 1. ClearBridge Appreciation ETF with respect to the proposed rule ClearBridge Appreciation ETF, change that are filed with the The ClearBridge Appreciation ETF ClearBridge Large Cap ETF, ClearBridge Commission, and all written will seek to provide long-term Mid Cap Growth ETF, ClearBridge communications relating to the appreciation of shareholders’ capital. Select ETF, and ClearBridge All Cap proposed rule change between the Value ETF under proposed BZX Rule Commission and any person, other than available at https://www.sec.gov/comments/sr- 14.11(k). The proposed rule change was cboebzx-2018-010/cboebzx2018010.htm. those that may be withheld from the 7 published for comment in the Federal 15 U.S.C. 78s(b)(2)(B). public in accordance with the 8 Register on February 20, 2018.3 On For a complete description of the Exchange’s provisions of 5 U.S.C. 552, will be proposal, including a description of the Precidian April 3, 2018, pursuant to Section available for website viewing and ETF Trust II (‘‘Trust’’), see Notice, supra note 3. 19(b)(2) of the Exchange Act,4 the 9 printing in the Commission’s Public Proposed BZX Rule 14.11(k)(3)(A) defines the Commission designated a longer period term ‘‘Managed Portfolio Share’’ as a security that Reference Room, 100 F Street NE, within which to approve the proposed (a) represents an interest in a registered investment Washington, DC 20549 on official company (‘‘Investment Company’’) organized as an rule change, disapprove the proposed business days between the hours of open-end management investment company or rule change, or institute proceedings to 10:00 a.m. and 3:00 p.m. Copies of the similar entity, that invests in a portfolio of determine whether to disapprove the securities selected by the Investment Company’s filing also will be available for proposed rule change.5 The Commission investment adviser consistent with the Investment inspection and copying at the principal Company’s investment objectives and policies; (b) has received four comment letters on office of the Exchange. All comments is issued in a specified aggregate minimum number the proposed rule change.6 This order of shares equal to a Creation Unit (as defined in received will be posted without change. proposed BZX Rule 14.11(k)(3)(C)), or multiples Persons submitting comments are 1 15 U.S.C. 78s(b)(1). thereof, in return for a designated portfolio of securities (and/or an amount of cash) with a value cautioned that we do not redact or edit 2 17 CFR 240.19b–4. equal to the next determined net asset value personal identifying information from 3 See Securities Exchange Act Release No. 82705 (‘‘NAV’’); and (c) when aggregated in the same comment submissions. You should (February 13, 2018), 83 FR 7256 (‘‘Notice’’). specified aggregate number of shares equal to a submit only information that you wish 4 15 U.S.C. 78s(b)(2). Redemption Unit (as defined in proposed BZX Rule to make available publicly. 5 See Securities Exchange Act Release No. 82984, 14.11(k)(3)(D)), or multiples thereof, may be 83 FR 15181 (April 9, 2018). The Commission redeemed at the request of an authorized All submissions should refer to File designated May 21, 2018, as the date by which the participant, which authorized participant will be Number SR–Phlx–2018–39 and should Commission shall approve or disapprove, or paid through a confidential account established for be submitted on or before June 15, 2018. institute proceedings to determine whether to its benefit (‘‘Confidential Account’’) a portfolio of disapprove, the proposed rule change. securities and/or cash with a value equal to the next For the Commission, by the Division of 6 See letters to Brent J. Fields, Secretary, determined NAV. Trading and Markets, pursuant to delegated Commission, from: (1) Todd J. Broms, Chief 10 The Exchange represents that, for purposes of authority.29 Executive Officer, Broms & Company LLC, dated describing the holdings of the Funds, ETFs include Eduardo A. Aleman, March 13, 2018 (‘‘Broms Letter’’); (2) Simon P. Portfolio Depository Receipts (as described in BZX Goulet, Co-Founder, Blue Tractor Group, LLC, Rule 14.11(b)); Index Fund Shares (as described in Assistant Secretary. dated March 19, 2018 (‘‘Blue Tractor Letter I’’); (3) BZX Rule 14.11(c)); and Managed Fund Shares (as [FR Doc. 2018–11225 Filed 5–24–18; 8:45 am] Terence W. Norman, Founder, Blue Tractor Group, described in BZX Rule 14.11(i)). The ETFs in which BILLING CODE 8011–01–P LLC, dated March 20, 2018 (‘‘Blue Tractor Letter a Fund will invest all will be listed and traded on II’’); and (4) Terence W. Norman, Founder, Blue national securities exchanges. While the Funds may Tractor Group, LLC, dated May 8, 2018 (‘‘Blue invest in inverse ETFs, the Funds will not invest 29 17 CFR 200.30–3(a)(12). Tractor Letter III’’). The comment letters are in leveraged (e.g., 2X, –2X, 3X, or –3X) ETFs.

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The Fund will seek to achieve its issuers through U.S. exchange-listed ongoing basis to determine whether, in investment objective by investing depositary receipts. light of current circumstances, an primarily in U.S. exchange-listed equity adequate level of liquidity is being 6. Other Investments securities. The Fund will typically maintained, and will consider taking invest in medium and large While each Fund, under normal appropriate steps in order to maintain capitalization companies, but may also market conditions,11 will invest adequate liquidity if, through a change invest in small capitalization primarily in U.S. exchange-listed in values, net assets, or other companies. securities, as described above, each circumstances, more than 15% of the Fund may invest its remaining assets in Fund’s net assets are invested in illiquid 2. ClearBridge Large Cap ETF other securities and financial assets. Illiquid assets include securities The ClearBridge Large Cap ETF will instruments, as described below. subject to contractual or other seek long-term capital appreciation. The Each Fund may enter into repurchase restrictions on resale and other Fund will seek to achieve its investment agreements. It will be the policy of the instruments that lack readily available objective by taking long and possibly Trust to enter into repurchase markets as determined in accordance short positions in equity securities or agreements only with recognized with Commission staff guidance. groups of equities that the portfolio securities dealers, banks, and the Fixed Each Fund will seek to qualify for managers believe will provide long term Income Clearing Corporation, a treatment as a Regulated Investment capital appreciation. The Fund will securities clearing agency registered Company under the Internal Revenue normally invest at least 80% of its net with the Commission. Code.14 assets (plus borrowings for investment Each Fund may invest up to 5% of its The Funds will not invest in purposes) in stocks included in the total assets in warrants, rights, and securities listed on non-U.S. exchanges. Russell 1000 Index and ETFs that options. The Funds also will not invest in primarily invest in stocks in the Russell Each Fund may invest a portion of its futures, forwards, or swaps. 1000 Index. The Fund will purchase assets in cash or cash equivalents.12 Each Fund’s investments will be securities that ClearBridge Investments, Each Fund may invest in the consistent with its investment objective LLC (‘‘Sub-Adviser’’) believes are securities of other investment and will not be used to enhance undervalued, and sell short securities companies (including money market leverage. While a Fund may invest in that it believes are overvalued. funds) to the extent allowed by law. inverse ETFs, a Fund will not invest in 3. ClearBridge Mid Cap Growth ETF 7. Investment Restrictions leveraged (e.g., 2X, –2X, 3X, or –3X) ETFs. The ClearBridge Mid Cap Growth ETF Each Fund may invest up to an will seek long-term growth of capital. aggregate amount of 15% of its net B. Key Features of Managed Portfolio The Fund will seek to achieve its assets in illiquid assets (calculated at Shares investment objective by investing the time of investment),13 consistent According to the Exchange, while primarily in U.S. exchange-listed, with Commission guidance. Each Fund funds issuing Managed Portfolio Shares publicly traded equity and equity- will monitor its portfolio liquidity on an would be actively-managed, and in that related securities of U.S. companies or respect would be similar to Managed other instruments with similar 11 Proposed BZX Rule 14.11(k)(3)(F) defines the Fund Shares,15 Managed Portfolio economic characteristics. The Fund may term ‘‘normal market conditions’’ as including, but Shares would differ from Managed Fund not limited to, the absence of trading halts in the invest in securities of issuers of any applicable financial markets generally; operational Shares in the following respects: market capitalization. issues (e.g., systems failure) causing dissemination • First, issues of Managed Fund 4. ClearBridge Select ETF of inaccurate market information; or force majeure Shares are required to disseminate their type events such as natural or manmade disaster, ‘‘Disclosed Portfolio’’ at least once The ClearBridge Select ETF will seek act of God, armed conflict, act of terrorism, riot or 16 labor disruption, or any similar intervening daily. By contrast, the portfolio for an to provide long-term growth of capital. circumstance. issue of Managed Portfolio Shares The Fund will seek to achieve its 12 For purposes of this filing, cash equivalents would be disclosed only quarterly. investment objective by investing include short-term instruments (instruments with • Second, in connection with the primarily in U.S. exchange-listed, maturities of less than 3 months) of the following creation of shares in Creation Unit size publicly traded equity and equity- types: (i) U.S. Government securities, including bills, notes, and bonds differing as to maturity and or the redemption of shares in related securities of U.S. companies or rates of interest, which are either issued or Redemption Unit size, the delivery or other instruments with similar guaranteed by the U.S. Treasury or by U.S. receipt of any portfolio securities in economic characteristics. The Fund may Government agencies or instrumentalities; (ii) kind would be effected through an agent invest in securities of issuers of any certificates of deposit issued against funds deposited in a bank or savings and loan association; (‘‘AP Representative’’) in a Confidential market capitalization. (iii) bankers’ acceptances, which are short-term Account established for the benefit of 5. ClearBridge All Cap Value ETF credit instruments used to finance commercial the creating or redeeming authorized transactions; (iv) repurchase agreements and reverse participant without disclosing the The ClearBridge All Cap Value ETF repurchase agreements; (v) bank time deposits, will seek long-term capital growth with which are monies kept on deposit with banks or savings and loan associations for a stated period of 14 26 U.S.C. 851. current income as a secondary time at a fixed rate of interest; (vi) commercial 15 Managed Fund Shares are shares of actively- consideration. The Fund will seek to paper, which are short-term unsecured promissory managed funds listed and traded under BZX Rule achieve its investment objective by notes; and (vii) money market funds. 14.11(i). investing primarily in common stocks 13 In reaching liquidity decisions, the Adviser 16 BZX Rule 14.11(i)(3)(B) defines the term may consider the following factors: The frequency ‘‘Disclosed Portfolio’’ as the identities and and common stock equivalents, such as of trades and quotes for the security; the number of quantities of the securities and other assets held by preferred stocks and securities dealers wishing to purchase or sell the security and the Investment Company that will form the basis for convertible into common stocks, of the number of other potential purchasers; dealer the Investment Company’s calculation of NAV at companies the Sub-Adviser believes are undertakings to make a market in the security; and the end of the business day. BZX Rule the nature of the security and the nature of the 14.11(i)(4)(B)(ii)(a) requires that, for Managed Fund undervalued in the marketplace. The marketplace in which it trades (e.g., the time Shares, the Disclosed Portfolio be disseminated at Fund may invest up to 25% of its net needed to dispose of the security, the method of least once daily and be made available to all market assets in equity securities of foreign soliciting offers and the mechanics of transfer). participants at the same time.

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identity of the securities to the if an authorized participant believes that and shareholders redeeming their authorized participant. the Shares are trading at a price that is Shares will receive an in-kind transfer • Third, for each series of Managed higher than the value of the underlying of specified instruments (‘‘Redemption Portfolio Shares, a Verified Intraday portfolio—for example, if the market Instruments’’) in their Confidential Indicative Value (‘‘VIIV’’) would be price for the Shares is higher than the Account through an AP Representative. widely disseminated by the Reporting VIIV—then the authorized participant On any given business day, the names Authority (as defined in proposed BZX may sell the Shares short and purchase and quantities of the instruments that Rule 14.11(k)(3)(E)) and/or by one or securities that the authorized constitute the Deposit Instruments and more major market data vendors every participant believes will track the the names and quantities of the second during the Exchange’s Regular movements of the Shares. When the instruments that constitute the Trading Hours (between 9:30 a.m. and spread narrows, the authorized Redemption Instruments will be 4:00 p.m. Eastern Time).17 The participant would execute offsetting identical, and these instruments may be Exchange states that the dissemination orders or enter an order with its AP referred to, in the case of either a of the VIIV will allow investors to Representative to create Shares. purchase or redemption, as the determine the estimated intraday value According to the Exchange, the AP ‘‘Creation Basket.’’ of the underlying portfolio of a series of Representative’s execution of a Creation In the case of a redemption, the Managed Portfolio Shares and will Unit in a Confidential Account, authorized participant will enter into an provide a close estimate of that value combined with the sale of the Shares, irrevocable redemption order and then throughout the trading day.18 may create downward pressure on the immediately instruct the AP price of the Shares and/or upward Representative to sell the underlying C. Arbitrage of Managed Portfolio basket of securities that it will receive Shares pressure on the price of the portfolio securities, bringing the market price of in the redemption. After receipt of a The Exchange asserts that market the Shares and the value of a Fund’s redemption order, a Fund’s custodian makers will be able to make efficient portfolio securities closer together. (‘‘Custodian’’) will typically deliver and liquid markets in the Shares priced Similarly, according to the Exchange, securities to the Confidential Account near the VIIV as long as the VIIV is an authorized participant could buy the on a pro rata basis with a value disseminated every second and market Shares and instruct the AP approximately equal to the value of the makers employ market making Representative to redeem them and then Shares tendered for redemption at the techniques such as ‘‘statistical sell the underlying portfolio securities order cut-off time established by the arbitrage,’’ including correlation from its Confidential Account when the Fund. The Custodian will make delivery hedging, beta hedging, and dispersion Shares trade at a discount to the of the securities by appropriate entries trading, which the Exchange represents portfolio securities. According to the on its books and records, transferring is currently used throughout the Exchange, the authorized participant’s ownership of the securities to the financial services industry, to make purchase of the Shares in the secondary authorized participant’s Confidential efficient markets in exchange-traded market, combined with the sale of the Account, subject to delivery of the 19 products. According to the Exchange, portfolio securities from its Confidential Shares redeemed. The AP Account, may create upward pressure Representative will in turn liquidate the 17 Proposed BZX Rule 14.11(k)(3)(B) defines the on the price of the Shares and/or securities based on instructions from the VIIV as the estimated indicative value of a Managed authorized participant.20 downward pressure on the price of The AP Portfolio Share based on all of the holdings of a Representative will pay the liquidation series of Managed Portfolio Shares as of the close portfolio securities, driving the market proceeds net of expenses, plus or minus of business on the prior business day, and, for price of the Shares and the value of a any cash balancing amount, to the corporate actions, based on the applicable holdings Fund’s portfolio securities closer as of the opening of business on the current authorized participant through the together. The Exchange states that, business day, priced and disseminated in one Depository Trust Company.21 The second intervals during Regular Trading Hours. according to Precidian Funds LLC, the redemption securities that the 18 According to the Exchange, the VIIV should not investment adviser to the Trust Confidential Account receives are be viewed as a ‘‘real-time’’ update of the NAV, (‘‘Adviser’’), this process is identical to because the VIIV may not be calculated in the same expected to mirror the portfolio how many authorized participants manner as the NAV, which will be computed once holdings of a Fund pro rata. a day. currently arbitrage existing traditional In the case of a creation, the 19 According to the Exchange, statistical arbitrage ETFs, except for the use of the authorized participant will enter into an enables a trader to construct an accurate proxy for Confidential Account. another instrument, allowing it to hedge the other instrument or buy or sell the instrument when it is D. The Creation and Redemption 20 The Exchange represents that an authorized cheap or expensive in relation to the proxy. The Procedures participant will issue execution instructions to the Exchange states that statistical analysis permits AP Representative and be responsible for all traders to discover correlations, based purely on The Exchange states that, generally, associated profit or losses. Like a traditional ETF, trading data without regard to other fundamental the Shares will be purchased and the authorized participant has the ability to sell the drivers. The Exchange also states that these basket securities at any point during normal trading correlations are a function of differentials, over redeemed on an in-kind basis, so that, hours. time, between one instrument or group of except where the purchase or 21 According to the Exchange, under applicable instruments and one or more other instruments, and redemption would include cash under provisions of the Internal Revenue Code, the that once the nature of these price deviations have the circumstances described in the authorized participant is expected to be deemed a been quantified, a universe of securities is searched ‘‘substantial owner’’ of the Confidential Account in an effort to, in the case of a hedging strategy, applicable Fund’s registration because it receives distributions from the minimize the differential. In addition, the Exchange statement, purchasers will be required Confidential Account. As a result, the Exchange states that, once a suitable hedging proxy has been to purchase Creation Units by making states, all income, gain, or loss realized by the identified, a trader can minimize portfolio risk by an in-kind deposit of specified Confidential Account will be directly attributed to executing the hedging basket. According to the the authorized participant. The Exchange also states Exchange, the trader then can monitor the instruments (‘‘Deposit Instruments’’), that, in a redemption, the authorized participant performance of this hedge throughout the trade will have a basis in the distributed securities equal period, making correction where warranted. The in the case of beta hedging, the analysis seeks to to the fair market value at the time of the Exchange states that, in the case of correlation determine the relationship between the price distribution, and any gain or loss realized on the hedging, the analysis seeks to find a proxy that movement over time of a Fund and that of another sale of those Shares will be taxable income to the matches the pricing behavior of a Fund, and that stock. authorized participant.

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irrevocable creation order with the Fund accurate representation of the real-time Exchange’s surveillance procedures for and then direct the AP Representative to value of the underlying securities is derivative products. The Exchange purchase the necessary basket of provided to the market. Specifically, represents that these procedures are portfolio securities. The AP according to the Exchange, quotations adequate to properly monitor Exchange Representative will then purchase the based on the mid-point of bid/ask trading of the Shares in all trading necessary securities in the Confidential spreads more accurately reflect current sessions and to deter and detect Account. Once the necessary basket of market sentiment by providing real time violations of Exchange rules and securities has been acquired, the information on where market applicable federal securities laws.25 purchased securities held in the participants are willing to buy or sell The Exchange represents that the Confidential Account will be securities at that point in time. The Adviser will make available daily to contributed in-kind to the Fund. Exchange also believes that the use of FINRA and the Exchange the portfolio The Exchange states that, in quotations will dampen the impact of holdings of each Fund in order to purchasing the necessary securities for any momentary spikes in the price of a facilitate the performance of the creation purposes, and, conversely, in portfolio security. surveillances. In addition, the Exchange selling the portfolio securities for According to the Exchange, each states that it has a general policy redemption purposes, the AP Fund will utilize two separate pricing prohibiting the distribution of material, Representative will be required, by the feeds to provide two separate sources of non-public information by its terms of the Confidential Account pricing information. Each Fund will employees. agreement, to obfuscate the trades by also utilize a ‘‘Pricing Verification II. Summary of Comment Letters use of tactics such as breaking the trades Agent’’ and establish a computer-based into multiple purchases or sales and protocol that will permit the Pricing The Commission has received four transacting in multiple marketplaces. Verification Agent to continuously comment letters on the proposed rule compare the multiple intraday change, each of which expresses E. Availability of Information indicative values on a real time basis.23 opposition to the proposed rule Each Fund will be required to file A single VIIV will be disseminated change.26 As of the date of this order with the Commission its complete publicly for each Fund; however, the instituting proceedings, the Exchange portfolio schedules for the second and Pricing Verification Agent will has not submitted a response to the fourth fiscal quarters on Form N–CSR continuously compare the public VIIV comments. under the Investment Company Act of against a non-public alternative intraday A. Broms Letter.27 The commenter 1940 (‘‘1940 Act’’), and to file its indicative value to which the Pricing opposes the proposed rule change and complete portfolio schedules for the Verification Agent has access. Upon raises the following concerns: 28 first and third fiscal quarters on Form notification to the Exchange by the • Selective disclosure of confidential N–Q under the 1940 Act, within 60 days issuer of a series of Managed Portfolio portfolio information to AP of the end of the quarter. Form N–Q Shares, or its agent, that the public VIIV Representatives for trading on behalf of requires funds to file the same and non-public alternative intraday authorized participants violates federal schedules of investments that are indicative value differ by more than 25 securities law and facilitates illegal required in annual and semi-annual basis points for 60 seconds, the insider trading; reports to shareholders. The Trust’s SAI Exchange will halt trading as soon as • The portfolio holdings can be and each Fund’s shareholder reports practicable in the Shares until the reverse engineered, resulting in harm to will be available free upon request from discrepancy is resolved.24 Each Fund’s the Funds’ shareholders; the Trust. These documents and forms board of directors will review the may be viewed on-screen or procedures used to calculate the VIIV 25 The Exchange represents that the Exchange or and maintain its accuracy as the Financial Industry Regulatory Authority downloaded from the Commission’s (‘‘FINRA’’), on behalf of the Exchange, or both, will website at www.sec.gov. appropriate, but not less than annually. communicate as needed regarding trading in the In addition, the VIIV will be widely The specific methodology for Shares, underlying stocks, ETFs, and exchange- disseminated by the Reporting calculating the VIIV will be disclosed on listed options with other markets and other entities each Fund’s website. that are members of the Intermarket Surveillance Authority and/or one or more major Group (‘‘ISG’’), and the Exchange or FINRA, on market data vendors every second F. Surveillance behalf of the Exchange, or both, may obtain trading during the Exchange’s Regular Trading information regarding such securities from such Hours. According to the Exchange, the The Exchange represents that trading markets and other entities. In addition, the in the Shares will be subject to the Exchange may obtain information regarding trading VIIV will include all accrued income in the Shares, underlying stocks, ETFs, and and expenses of a Fund, and any 23 The Exchange states that a Fund’s Custodian exchange-listed options from markets and other extraordinary expenses booked during will provide, on a daily basis, the identities and entities that are members of ISG or with which the the day that would be taken into quantities of portfolio securities that will form the Exchange has in place a comprehensive account in calculating the Fund’s NAV basis for a Fund’s calculation of NAV at the end of surveillance sharing agreement. 26 See supra note 6. will also be taken into account in the business day, plus any cash in the portfolio, to the Pricing Verification Agent for purposes of 27 The Broms Letter is available at https:// calculating the VIIV. pricing. According to the Exchange, the Pricing www.sec.gov/comments/sr-cboebzx-2018-010/ For purposes of the VIIV, securities Verification Agent will utilize at least two separate cboebzx2018010-3254113-162031.pdf. held by a Fund will be valued calculation engines to calculate intraday indicative 28 The commenter also generally references throughout the day based on the mid- values, based on the mid-point between the concerns that it raised in its comment letter related disseminated current national best bid and offer, to to a similar, previous proposal filed by the point between the disseminated current provide the real-time value on a per Share basis of Exchange to list and trade Managed Portfolio national best bid and offer.22 According each Fund’s holdings every second during Regular Shares, which the Exchange withdrew. See to the Exchange, by utilizing mid-point Trading Hours. Securities Exchange Act Release No. 80911 (June pricing for purposes of VIIV calculation, 24 According to the Exchange, a continuous 13, 2017), 82 FR 27925 (June 19, 2017) (SR– deviation for 60 seconds could indicate an error in BatsBZX–2017–30) (‘‘Prior Proposal’’); and letter to stale prices are eliminated and a more the feed or in a calculation engine used to calculate Brent J. Fields, Secretary, Commission, from Todd the intraday indicative values. The Exchange states J. Broms, Chief Executive Officer, Broms & 22 If the Adviser determines that the mid-point of that the Trust reserves the right to change these Company LLC, dated July 10, 2017, available at the bid/ask spread is inaccurate, a Fund will use thresholds to the extent deemed appropriate and https://www.sec.gov/comments/sr-batsbzx-2017-30/ fair value pricing. approved by a Fund’s board of directors. batsbzx201730-1842158-155104.pdf.

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• The Funds would serve no useful • Funds can be reverse engineered to Section 6(b)(5) of the Exchange Act, public purpose without clear determine the composition of the which requires, among other things, that protections against reverse engineering portfolio securities, which will make the the rules of a national securities and every other plausible means by Funds susceptible to front-running; exchange be ‘‘designed to prevent which confidential portfolio holdings • The proposed fund structure will fraudulent and manipulative acts and information could be used by other result in asymmetric disclosure of practices, to promote just and equitable market participants to harm the Funds’ confidential portfolio information to principles of trade, . . . to remove shareholders; and selected parties; impediments to and perfect the • Authorized participants and other • Details regarding the VIIV mechanism of a free and open market market makers cannot engage in bona generation process, as well as and a national market system, and, in fide arbitrage, and the Shares will not calculation engine verification general, to protect investors and the trade efficiently without an effective procedures, are inadequate for market public interest.’’ 36 arbitrage mechanism, with particularly participants and market makers; poor trading performance to be expected • IV. Procedure: Request for Written One second dissemination of VIIVs Comments during periods of market stress and in a high frequency trading environment volatility. is inadequate for authorized participants The Commission requests that 29 B. Blue Tractor Letter I. The and market makers and not of value to interested persons provide written commenter opposes the proposed rule retail investors; and submissions of their views, data, and change and expresses concern that the • Requiring AP Representatives to arguments with respect to the issues Funds can be reverse engineered to obfuscate trades for creation and identified above, as well as any other determine their composition and trading redemption purposes in an effort to concerns they may have with the strategies, and that ‘‘predatory traders’’ keep portfolio composition confidential proposal. In particular, the Commission can use such information in order to will delay execution and increase costs invites the written views of interested front run the Funds. for authorized participants. persons concerning whether the C. Blue Tractor Letter II.30 The D. Blue Tractor Letter III.33 The proposal is consistent with Section commenter opposes the proposed rule commenter reiterates that the Funds 6(b)(5) or any other provision of the change and raises the following will be susceptible to reverse Exchange Act, or the rules and concerns: 31 regulations thereunder. Although there • Under the proposal, market engineering resulting in predatory front- running, and will not have efficient do not appear to be any issues relevant participants will not be able to engage to approval or disapproval that would in bona fide arbitrage or efficient primary and secondary market trading. The commenter again requests that the be facilitated by an oral presentation of statistical arbitrage to keep the price of views, data, and arguments, the Shares close to a Fund’s NAV; 32 Commission include in its deliberation the comment letters it submitted on the Commission will consider, pursuant to Prior Proposal. Rule 19b–4 under the Exchange Act,37 29 The Blue Tractor Letter I is available at https:// any request for an opportunity to make www.sec.gov/comments/sr-cboebzx-2018-010/ III. Proceedings To Determine Whether 38 cboebzx2018010-3287448-162066.pdf. an oral presentation. 30 The Blue Tractor Letter II is available at https:// To Approve or Disapprove SR– Interested persons are invited to www.sec.gov/comments/sr-cboebzx-2018-010/ CboeBZX–2018–010 and Grounds for submit written data, views, and cboebzx2018010-3294085-162071.pdf. Disapproval Under Consideration arguments regarding whether the 31 Although the commenter purports to comment proposal should be approved or on the Notice, the comments are more directly The Commission is instituting related to the Trust’s December 4, 2017, exemptive proceedings pursuant to Section disapproved by June 15, 2018. Any application. See Fifth Amended and Restated 19(b)(2)(B) of the Exchange Act 34 to person who wishes to file a rebuttal to Application for an Order under Section 6(c) of the determine whether the proposed rule any other person’s submission must file 1940 Act for exemptions from various provisions of that rebuttal by June 29, 2018. the 1940 Act and rules thereunder (File No. 812– change should be approved or 14405), dated December 4, 2017. The commenter disapproved. Institution of such The Commission asks that also references concerns that it raised in its proceedings is appropriate at this time commenters address the sufficiency of comment letters related to the Prior Proposal. See the Exchange’s statements in support of letters to Brent J. Fields, Secretary, Commission, in view of the legal and policy issues raised by the proposed rule change. the proposal, which are set forth in the from Terence W. Norman, Founder, Blue Tractor 39 Group, LLC, dated August 1, 2017, available at Institution of proceedings does not Notice, the issues raised by the https://www.sec.gov/comments/sr-batsbzx-2017-30/ indicate that the Commission has commenters, and any other issues raised batsbzx201730-2161995-157800.pdf and Terence reached any conclusions with respect to by the proposed rule change under the W. Norman, Founder, Blue Tractor Group, LLC, Exchange Act. In particular, the dated December 5, 2017, available at https:// any of the issues involved. Rather, as www.sec.gov/comments/sr-batsbzx-2017-30/batsb described below, the Commission seeks Commission seeks commenters’ views zx201730-2755179-161594.pdf. and encourages interested persons to regarding the concerns raised with 32 The commenter also notes that market makers provide comments on the proposed rule respect to selective disclosure of will not be able to construct optimized tracking confidential portfolio information, portfolios using the proposed fund structure and change. cites to comment letters that it submitted in Pursuant to Section 19(b)(2)(B) of the 36 response to a proposal filed by NYSE Arca, Inc. to Exchange Act,35 the Commission is 15 U.S.C. 78f(b)(5). 37 17 CFR 240.19b–4. list and trade Managed Portfolio Shares, which was providing notice of the grounds for withdrawn. See Securities Exchange Act Release 38 Section 19(b)(2) of the Exchange Act, as No. 80553 (April 28, 2017), 82 FR 20932 (May 4, disapproval under consideration. The amended by the Securities Acts Amendments of 2017) (SR–NYSEArca–2017–36); and letters to Brent Commission is instituting proceedings 1975, Public Law 94–29 (June 4, 1975), grants the J. Fields, Secretary, Commission, from Simon P. to allow for additional analysis of the Commission flexibility to determine what type of Goulet, Co-Founder, Blue Tractor Group, LLC, proposed rule change’s consistency with proceeding—either oral or notice and opportunity dated November 22, 2017, available at https:// for written comments—is appropriate for www.sec.gov/comments/sr-nyseArca-2017-36/ consideration of a particular proposal by a self- nysearca201736-2735961-161533.pdf and Terence 33 The Blue Tractor Letter III is available at regulatory organization. See Securities Acts W. Norman, Founder, Blue Tractor Group, LLC, https://www.sec.gov/comments/sr-cboebzx-2018- Amendments of 1975, Senate Comm. on Banking, dated October 31, 2017, available at https:// 010/cboebzx2018010-3604029-162352.pdf. Housing & Urban Affairs, S. Rep. No. 75, 94th www.sec.gov/comments/sr-nyseArca-2017-36/ 34 15 U.S.C. 78s(b)(2)(B). Cong., 1st Sess. 30 (1975). nysearca201736-2659706-161420.pdf. 35 Id. 39 See supra note 3.

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namely, whether such disclosure is comment submissions. You should Rule 5.3. Criteria for Underlying consistent with the requirement of submit only information that you wish Securities Section 6(b)(5) that the rules of the to make available publicly. All exchange be designed to prevent submissions should refer to File (a)–(b) (No change). fraudulent and manipulative acts and Number SR–CboeBZX–2018–010 and . . . Interpretations and Policies: practices. The Commission also seeks should be submitted by June 15, 2018. .01 The Board of Directors has commenters’ views regarding the Rebuttal comments should be submitted established guidelines to be considered various concerns raised about how the by June 29, 2018. by the Exchange in evaluating potential Shares may trade in the secondary For the Commission, by the Division of underlying securities for Exchange market, including the calculation engine Trading and Markets, pursuant to delegated option transactions. Absent exceptional verification and trading halt procedures authority.40 circumstances with respect to and the potential for poor trading Eduardo A. Aleman, Paragraphs (a)(1) or (2), or (b)(1) or (2) performance during times of market Assistant Secretary. listed below, at the time the Exchange stress and volatility. In this regard, the [FR Doc. 2018–11223 Filed 5–24–18; 8:45 am] selects an underlying security for Commission specifically seeks Exchange option transactions, the BILLING CODE 8011–01–P commenters’ views on whether the following guidelines with respect to the proposal is consistent with the issuer shall be met. maintenance of a fair and orderly SECURITIES AND EXCHANGE (a) (No change). market. COMMISSION Comments may be submitted by any (b) Guidelines applicable to the market for the security are: of the following methods: [Release No. 34–83292; File No. SR–CBOE– (1) (No change). Electronic Comments 2018–040] (2) • Use the Commission’s internet Self-Regulatory Organizations; Cboe comment form (http://www.sec.gov/ (A) If the underlying security is a Exchange, Inc.; Notice of Filing and ‘‘covered security’’ as defined under rules/sro.shtml); or Immediate Effectiveness of a Proposed • Send an email to rule-comments@ Section 18(b)(1)(A) of the Securities Act Rule Change To Amend Rule 5.3, of 1933, the market price per share of sec.gov. Please include File Number SR– Criteria for Underlying Securities CboeBZX–2018–010 on the subject line. the underlying security has been at least May 21, 2018. $3.00 for the previous [five]three Paper Comments Pursuant to Section 19(b)(1) of the consecutive business days preceding the • Send paper comments in triplicate Securities Exchange Act of 1934 (the date on which the Exchange submits a to Secretary, Securities and Exchange ‘‘Act’’),1 and Rule 19b–4 thereunder,2 certificate to the Options Clearing Commission, 100 F Street NE, notice is hereby given that on May 7, Corporation for listing and trading. For Washington, DC 20549–1090. 2018, Cboe Exchange, Inc. (the purposes of this Interpretation All submissions should refer to File ‘‘Exchange’’ or ‘‘Cboe Options’’) filed .01(b)(2)(A), the market price of such Number SR–CboeBZX–2018–010. This with the Securities and Exchange underlying security is measured by the file number should be included on the Commission (the ‘‘Commission’’) the closing price reported in the primary subject line if email is used. To help the proposed rule change as described in market in which the underlying security Commission process and review your Items I, II, and III below, which Items is traded. comments more efficiently, please use have been prepared by the Exchange. (B) (No change). only one method. The Commission will The Exchange filed the proposal as a (c) (No change). post all comments on the Commission’s ‘‘non-controversial’’ proposed rule .02–.13 (No change). internet website (http://www.sec.gov/ change pursuant to Section * * * * * rules/sro.shtml). Copies of the 19(b)(3)(A)(iii) of the Act 3 and Rule submission, all subsequent 19b–4(f)(6) thereunder.4 The The text of the proposed rule change amendments, all written statements Commission is publishing this notice to is also available on the Exchange’s with respect to the proposed rule solicit comments on the proposed rule website (http://www.cboe.com/About change that are filed with the change from interested persons. CBOE/CBOELegalRegulatory Commission, and all written Home.aspx), at the Exchange’s Office of communications relating to the I. Self-Regulatory Organization’s the Secretary, and at the Commission’s proposed rule change between the Statement of the Terms of Substance of Public Reference Room. the Proposed Rule Change Commission and any person, other than II. Self-Regulatory Organization’s those that may be withheld from the The Exchange proposes to amend Statement of the Purpose of, and public in accordance with the Rule 5.3, Interpretation and Policy .01. Statutory Basis for, the Proposed Rule provisions of 5 U.S.C. 552, will be Change available for website viewing and (additions are italicized; deletions are printing in the Commission’s Public [bracketed]) In its filing with the Commission, the Reference Room, 100 F Street NE, * * * * * Exchange included statements Washington, DC 20549, on official concerning the purpose of and basis for Cboe Exchange, Inc. business days between the hours of the proposed rule change and discussed 10:00 a.m. and 3:00 p.m. Copies of the Rules any comments it received on the filing also will be available for * * * * * proposed rule change. The text of these inspection and copying at the principal statements may be examined at the office of the Exchange. All comments 40 17 CFR 200.30–3(a)(57). places specified in Item IV below. The received will be posted without change. 1 15 U.S.C. 78s(b)(1). Exchange has prepared summaries, set Persons submitting comments are 2 17 CFR 240.19b–4. forth in sections A, B, and C below, of cautioned that we do not redact or edit 3 15 U.S.C. 78s(b)(3)(A)(iii). the most significant aspects of such personal identifying information from 4 17 CFR 240.19b–4(f)(6). statements.

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A. Self-Regulatory Organization’s requires that the listing certificate be Stock Market (now known as the Statement of the Purpose of, and provided to OCC no earlier than 12:01 Nasdaq Global Market), or listed on a Statutory Basis for, the Proposed Rule a.m. and no later than 11:00 a.m. national securities exchange that has Change (Chicago time) on the trading day prior listing standards the Commission to the day on which trading is to begin.7 determines by rule are substantially 1. Purpose The proposed amendment will still similar to the listing standards The Exchange proposes to amend comport with that requirement. For applicable to securities listed the Interpretation and Policy .01 of Rule 5.3, example, if an initial public offering exchanges noted in the previous clause Criteria for Underlying Securities, to (‘‘IPO’’) occurs at 11:00 a.m. on Monday, (collectively, the ‘‘Designated Markets’’), modify the criteria for listing options on the earliest date the Exchange could as provided for in the definition of an underlying security as defined in submit its listing certificate to OCC ‘‘covered security’’ from Section 18(b)(1) Section 18(b)(1)(A) of the Securities Act would be on Thursday by 12:01 a.m. of the 1933 Act. Accordingly, the of 1933 (hereinafter ‘‘covered security’’ (Chicago time), with the market price Exchange believes that the proposed or ‘‘covered securities’’). This is a determined by the closing price over the rule change would still ensure that the competitive filing that is based on a three-day period from Monday through underlying security meets the high proposal recently submitted by Nasdaq Wednesday. The option on the IPO listing standards of a Designated Market, PHLX LLC (‘‘Nasdaq Phlx’’) and would then be eligible for trading on the and would also ensure that the approved by the Commission.5 Exchange on Friday. The proposed underlying is covered by the regulatory In particular, the Exchange proposes amendment would essentially enable protections (including market to modify Rule 5.3, Interpretation and options trading within four (4) business surveillance, investigation and Policy .01(b)(2)(A) to permit the listing days of an IPO becoming available enforcement) offered by these exchanges of an option on an underlying covered instead of six (6) business days (five (5) for trading in covered securities security that has a market price of at consecutive days plus the day the listing conducted on their facilities. least $3.00 per share for the previous certificate is submitted to OCC). Furthermore, the Nasdaq, Nasdaq three (3) consecutive business days The Exchange’s initial listing Phlx’s affiliated listing market, had no preceding the date on which the standards for equity options in Rule 5.3 cases within the past five years where Exchange submits a certificate to the (including the current price/time an IPO-related issue for which it had Options Clearing Corporation (‘‘OCC’’) standard of $3.00 per share for five (5) pricing information qualified for the for listing and trading. The Exchange consecutive business days) are $3.00 price requirement during the first does not intend to amend any other substantially similar to the initial listing three (3) days of trading and did not criteria for listing options on an standards adopted by other options qualify for the $3.00 price requirement underlying security in Rule 5.3. exchanges.8 At the time the options during the first five (5) days.10 In other Currently the underlying covered industry adopted the ‘‘look back’’ period words, none of these qualifying issues security must have a closing market of five consecutive business days, it was fell below the $3.00 threshold within price of $3.00 per share for the previous determined that the five-day period was the first three (3) or five (5) days of five (5) consecutive business days sufficient to protect against attempts to trading. As such, the Exchange believes preceding the date on which the manipulate the market price of the that its existing surveillance Exchange submits a listing certificate to underlying security and would provide technologies and procedures, coupled OCC. In the proposed amendment, the a reliable test for stability.9 Surveillance with Nasdaq’s findings related to the market price will still be measured by technologies and procedures concerning IPO-related issues as described herein, the closing price reported in the primary manipulation have evolved since then adequately address potential concerns market in which the underlying covered to provide adequate prevention or regarding possible manipulation or security is traded, but the measurement detection of rule or securities law price stability within the proposed will be the price over the prior three (3) violations within the proposed time timeframe. consecutive business day period frame. Additionally, the Exchange represents preceding the submission of the listing The Exchange notes that the proposed that its existing trading surveillances are certificate to OCC, instead of the prior listing criteria would still require that adequate to monitor the trading of 11 five (5) business day period. the underlying security be listed on options on the Exchange. Cboe The Exchange acknowledges that the NYSE, the American Stock Exchange Options and C2, either themselves or 6 Options Listing Procedures Plan (now known as NYSE American), or the through FINRA, utilize an array of National Market System of The Nasdaq patterns that monitor manipulation of 5 See Securities Exchange Act Release No. 82474 (January 9, 2018), 83 FR 2240 (January 16, 2018) 10 There were over 750 IPO-related issues on Inc. (formerly Chicago Board Options Exchange, (order approving SR–Phlx–2017–75); see also Nasdaq within the past five years. Out of all of the Incorporated); Cboe EDGX Exchange, Inc. (formerly Securities Exchange Act Release No. 82828 (March issues with pricing information, there was only one EDGX Exchange, Inc.); Miami International 8, 2018), 83 FR 11278 (March 14, 2018) (notice of issue that had a price below $3 during the first five Securities Exchange, LLC; MIAX PEARL, LLC; The filing and immediate effectiveness of SR–MIAX– consecutive business days. The Exchange notes, 2018–06). Nasdaq Stock Market LLC; NASDAQ BX, Inc.; however, that Nasdaq allows for companies to list 6 The Plan for the Purpose of Developing and Nasdaq PHLX LLC; Nasdaq GEMX, LLC; Nasdaq on the Nasdaq Capital Market at $2.00 or $3.00 per Implementing Procedures Designed to Facilitate the ISE, LLC; Nasdaq MRX, LLC; NYSE American, LLC; share in some instances, which was the case for this Listing and Trading of Standardized Options and NYSE Arca, Inc. particular issue. See Nasdaq Rule 5500 Series for Submitted Pursuant to Section 11a(2)(3)(B) of the 7 See OLPP at page 3. initial listing standards on the Nasdaq Capital Securities Exchange Act of 1934 (a/k/a the Options 8 See, e.g., Phlx Rule 1009, Commentary .01; see Market; see also Release No. 82474 in supra note Listing Procedures Plan (‘‘OLPP’’)) is a national also MIAX Rule 402(b)(5) and BOX Rule 5020(b)(5). 5. market system plan that, among other things, sets 9 See Securities Exchange Act Release Nos. 47190 11 Such surveillance procedures generally focus forth procedures governing the listing of new (January 15, 2003), 68 FR 3072 (January 22, 2003) on detecting securities trading subject to price options series. See Securities Exchange Act Release (SR–CBOE–2002–62); 47352 (February 11, 2003), 68 manipulation, layering, spoofing or other unlawful No. 44521 (July 6, 2001), 66 FR 36809 (July 13, FR 8319 (February 20, 2003) (SR–PCX–2003–06); activity impacting an underlying security, the 2001) (Order approving OLPP). The sponsors of 47483 (March 11, 2003), 68 FR 13352 (March option, or both. The Exchange and its affiliate C2, OLPP include OCC; Cboe BZX Exchange, Inc. 19,2003) (SR–ISE–2003–04); 47613 (April 1, 2003), themselves or through the Financial Industry (formerly BATS Exchange, Inc.); BOX Options 68 FR 17120 (April 8, 2003) (SR–Amex–2003–19); Regulatory Authority (‘‘FINRA’’), have price Exchange LLC; Cboe C2 Exchange, Inc. (formerly C2 and 47794 (May 5, 2003), 68 FR 25076 (May 9, movement alerts, unusual market activity and order Options Exchange, Incorporated); Cboe Exchange, 2003) (SR–Phlx–2003–27). book alerts active for all trading symbols.

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options, or manipulation of equity Furthermore, the Exchange notes that and, in particular, the requirements of securities (regardless of venue) for the it can verify the shareholder count with Section 6(b) of the Act.19 Specifically, purpose of impacting options prices on various brokerage firms that have a large the Exchange believes the proposed rule both Cboe Options and C2 options retail customer clientele. Such firms can change is consistent with the Section markets (i.e., mini-manipulation confirm the number of individual 6(b)(5) 20 requirements that the rules of strategies). Accordingly, the Exchange customers who have a position in the an exchange be designed to prevent believes that the cross-market new issue. The earliest that these firms fraudulent and manipulative acts and surveillance performed by the can provide confirmation is usually the practices, to promote just and equitable Designated Markets, coupled with the day after the first day of trading (T+1) principles of trade, to foster cooperation Exchange staff’s monitoring of similarly on an unsettled basis, while others can and coordination with persons engaged violative activity on Cboe Options and confirm on the third day of trading in regulating, clearing, settling, C2 as described herein, reflects a (T+2). The Exchange has confirmed processing information with respect to, comprehensive surveillance program with some of these brokerage firms who and facilitating transactions in that is adequate to monitor for provide shareholder numbers to the securities, to remove impediments to manipulation of the underlying security Exchange that they are T+2 after an IPO. and perfect the mechanism of a free and within the proposed three-day look back For the foregoing reasons, the Exchange open market and a national market period. The Exchange notes certain of believes that basing the proposed three system, and, in general, to protect its affiliated exchanges, Cboe BYX (3) business day look back period on the investors and the public interest. Exchange, Inc., Cboe BZX Exchange, T+2 settlement cycle would allow for Additionally, the Exchange believes the Inc., Cboe EDGA Exchange, Inc., and sufficient verification of the number of proposed rule change is consistent with Cboe EDGX Exchange, Inc., list stock for shareholders. the Section 6(b)(5) 21 requirement that trading and have surveillance programs The proposed rule change will apply the rules of an exchange not be designed in place that include cross-market to all covered securities that meet the to permit unfair discrimination between surveillance for trading not just limited criteria of Rule 5.3. Pursuant to Rule 5.3, customers, issuers, brokers, or dealers. to those exchanges. The cross-market the Exchange establishes guidelines to The Exchange believes that the patters (sic) in those surveillance be considered in evaluating the proposed changes to its listing standards programs incorporate relevant data from potential underlying securities for for covered securities would allow the 14 various markets beyond the Exchange Exchange option transactions. Exchange to more quickly list options and its affiliates, including NYSE and However, the fact that a particular on a qualifying covered security that has Nasdaq. security may meet the guidelines met the $3.00 eligibility price without The Exchange also believes that the established by the Exchange does not sacrificing investor protection. As proposed look back period can be necessarily mean that it will be discussed above, the Exchange believes 15 implemented in connection with the approved as an underlying security. that its existing surveillance procedures other initial listing criteria for As part of the established criteria, the provide a sufficient measure of underlying covered securities. In issuer must be in compliance with any protection against potential price particular, the Exchange recognizes that applicable requirement of the Securities manipulation within the proposed three 16 it may be difficult to verify the number Exchange Act of 1934. Additionally, (3) consecutive business day timeframe. of shareholders in the days immediately in considering the underlying security, The Exchange also believes that the following an IPO due to the fact that the Exchange relies on information proposed three (3) consecutive business stock trades generally clear within two made publicly available by the issuer day timeframe would continue to be a business days (T+2) of their trade date and/or the markets in which the reliable test for price stability in light of 17 and therefore the shareholder count will security is traded. Even if the Nasdaq’s findings that none of the IPO- generally not be known until T+2.12 The proposed option meets the objective related issues on Nasdaq within the past Exchange notes that the current T+2 criteria, the Exchange may decide not to five years that qualified for the $3.00 per settlement cycle was recently reduced list, or place limitations or conditions share price standard during the first 18 from T+3 on September 5, 2017 in upon listing. The Exchange believes three trading days fell below the $3.00 connection with the Commission’s that these measures, together with threshold during the fourth or fifth amendments to Rule 15c6–1(a) to adopt existing surveillance procedures, trading day. Furthermore, the the shortened settlement cycle,13 and provide adequate safeguards in the established guidelines to be considered the look back period of three (3) review of any covered security that may by the Exchange in evaluating the consecutive business days proposed meet the proposed criteria for potential underlying securities for 22 herein reflects this shortened T+2 consideration of the option within the Exchange option transactions, together settlement period. As proposed, stock timeframe contained in this proposal. with existing trading surveillances, provide adequate safeguards in the trades would clear within T+2 of their 2. Statutory Basis review of any covered security that may trade date (i.e., within three (3) business The Exchange believes the proposed days) and therefore the number of meet the proposed criteria for rule change is consistent with the consideration of the option within the shareholders could be verified within Securities Exchange Act of 1934 (the three (3) business days, thereby enabling proposed timeframe. ‘‘Act’’) and the rules and regulations In addition, the Exchange believes options trading within four (4) business thereunder applicable to the Exchange days of an IPO (three (3) consecutive that basing the proposed timeframe on the T+2 settlement cycle adequately business days plus the day the listing 14 See Rule 5.3 (b) and Interpretation and Policy certificate is submitted to OCC). addresses the potential difficulties in .01. The Exchange established specific criteria to be confirming the number of shareholders considered in evaluating potential underlying of the underlying covered security. 12 The number of shareholders of record can be securities for Exchange option transactions. validated by large clearing agencies such as T+2). 15 See Rule 5.3(b). 19 13 See Securities Exchange Act Release No. 78962 16 See Rule 5.3, Interpretation and Policy 15 U.S.C. 78f(b). (September 28, 2016), 81 FR 69240 (October 5, .01(a)(3). 20 15 U.S.C. 78f(b)(5). 2016) (Amendment to Securities Transaction 17 See Rule 5.3, Interpretation and Policy .02. 21 Id. Settlement Cycle) (File No. S7–22–16). 18 See Rule 5.3, Interpretation and Policy .09. 22 See supra notes 14–18.

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Having some of the largest brokerage throughout the years,28 including III. Date of Effectiveness of the firms that provide these shareholder reducing the price/time standard in Proposed Rule Change and Timing for counts to the Exchange confirm that 2003 from $7.50 per share for the Commission Action they are able to provide these numbers majority of business days over a three within T+2 further demonstrates that month period to the current $3.00 per Because the foregoing proposed rule the 2,000 shareholder requirement can share/five business day standard (‘‘2003 change does not: (i) Significantly affect be sufficiently verified within the Proposal’’).29 It has been almost fifteen the protection of investors or the public proposed timeframe. For the foregoing years since the Commission approved interest; (ii) impose any significant reasons, the Exchange believes that the the 2003 proposal, and both the listed burden on competition; and (iii) become proposed amendments will remove and options market and exchange operative for 30 days from the date on perfect the mechanism of a free and technologies have continued to evolve which it was filed, or such shorter time open market and a national market since then. In this instance, Cboe as the Commission may designate, it has system by providing an avenue for Options is only proposing a modest become effective pursuant to Section 19(b)(3)(A) 32 of the Act and Rule 19b– investors to swiftly hedge their reduction of the current five (5) business 33 investment in the stock in a shorter day standard to three (3) business days 4(f)(6) thereunder. amount of time than what is currently to correspond to the securities A proposed rule change filed in place.23 industry’s move to a T+2 standard pursuant to Rule 19b–4(f)(6) under the 34 Finally, it should be noted that a settlement cycle.30 The $3.00 per share Act normally does not become price/time standard for the underlying standard and all other initial options operative for 30 days after the date of its 35 security was first adopted when the listing criteria in Rule 5.3 will remain filing. However, Rule 19b–4(f)(6)(iii) listed options market was in its infancy, unchanged by this proposal. For the permits the Commission to designate a and was intended to prevent the reasons discussed herein, the Exchange shorter time if such action is consistent proliferation of options being listed on therefore believes that the proposed with the protection of investors and the low-priced securities that presented three (3) business day period will be public interest. The Exchange has asked special manipulation concerns and/or beneficial to the marketplace without the Commission to waive the 30-day lacked liquidity needed to maintain fair sacrificing investor protections. operative delay so that the proposal may and orderly markets.24 When options become operative immediately upon B. Self-Regulatory Organization’s filing. As discussed above, the Exchange trading commenced in 1973, the Statement on Burden on Competition Commission determined that it was notes that its proposal is consistent with 36 necessary for securities underlying Cboe Options does not believe that rules of other exchanges. Because the options to meet certain minimum the proposed rule change will impose proposal does not raise any new or standards regarding both the quality of any burden on competition that is not novel issues, the Commission believes the issuer and the quality of the market necessary or appropriate in furtherance that waiver of the operative delay is for a particular security.25 These of the purposes of the Act. In this regard consistent with the protection of standards, including a price/time and as indicated above, the Exchange investors and the public interest. standard, were imposed to ensure that notes that the rule change is being Therefore, the Commission hereby those issuers upon whose securities proposed as a competitive response to a waives the operative delay and options were to be traded were widely- filing submitted by Nasdaq Phlx that designates the proposal operative upon 37 held, financially sound companies was recently approved by the filing. whose shares had trading volume and Commission.31 The proposed rule At any time within 60 days of the float substantial enough so as not to be change will reduce the number of days filing of the proposed rule change, the readily susceptible to manipulation.26 to list options on an underlying Commission summarily may At the time, the Commission security, and is intended to bring new temporarily suspend such rule change if determined that the imposition of these options listings to the marketplace it appears to the Commission that such standards was reasonable in view of the quicker. action is: (i) Necessary or appropriate in the public interest; (ii) for the protection pilot nature of options trading and the C. Self-Regulatory Organization’s of investors; or (iii) otherwise in limited experience of investors with Statement on Comments on the 27 furtherance of the purposes of the Act. options trading. Proposed Rule Change Received From If the Commission takes such action, the Now more than 40 years later, the Members, Participants, or Others listed options market has evolved into a Commission shall institute proceedings mature market with sophisticated The Exchange neither solicited nor to determine whether the proposed rule investors. In view of this evolution, the received comments on the proposed should be approved or disapproved. Commission has approved various rule change. exchange proposals to relax some of 32 15 U.S.C. 78s(b)(3)(A). these initial listing standards 28 See, e.g., 1991 Approval Order (modifying a 33 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– number of initial listing criteria, including the 4(f)(6) requires a self-regulatory organization to give reduction of the price/time standard from $10 per the Commission written notice of its intent to file 23 This proposed rule change does not alter any share each day during the preceding three calendar the proposed rule change, along with a brief obligations of issuers or other investors of an IPO months to $7.50 per share for the majority of days description and the text of the proposed rule that may be subject to a lock-up or other restrictions during the same period). change, at least five business days prior to the date on trading related securities. 29 See Securities Exchange Act Release Nos. of filing of the proposed rule change, or such 24 See Securities Exchange Act Release No. 29628 47190 (January 15, 2003), 68 FR 3072 (January 22, shorter time as designated by the Commission. The (August 29, 1991), 56 FR 43949–01 (September 5, 2003) (SR–CBOE–2002–62); 47352 (February 11, Exchange has satisfied this requirement. 1991) (SR–AMEX–86–21; SR–CBOE–86–15; SR– 2003), 68 FR 8319 (February 20, 2003) (SR–PCX– 34 17 CFR 240.19b–4(f)(6). NYSE–86–20; SR–PSE–86–15; and SR–PHLX–86– 2003–06); 47483 (March 11, 2003), 68 FR 13352 35 17 CFR 240.19b–4(f)(6)(iii). 21) (‘‘1991 Approval Order’’) at 43949 (discussing (March 19, 2003) (SR–ISE–2003–04); 47613 (April 36 See supra note 6 and accompanying text. the Commission’s concerns when options trading 1, 2003), 68 FR 17120 (April 8, 2003) (SR–Amex– 37 For purposes only of waiving the 30-day initially commenced in 1973). 2003–19); and 47794 (May 5, 2003), 68 FR 25076 operative delay, the Commission has also 25 See 1991 Approval Order at 43949. (May 9, 2003) (SR–Phlx\2003–27). considered the proposed rule’s impact on 26 Id. 30 See supra note 13. efficiency, competition, and capital formation. See 27 Id. 31 See supra note 5. 15 U.S.C. 78c(f).

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IV. Solicitation of Comments For the Commission, by the Division of by the bond with a copy of the Trading and Markets, pursuant to delegated agreement, a copy of any claim on the Interested persons are invited to authority.38 bond, and notification of the terms of submit written data, views, and Eduardo A. Aleman, the settlement of any claim prior to arguments concerning the foregoing, Assistant Secretary. execution of that settlement. Finally, a including whether the proposed rule [FR Doc. 2018–11222 Filed 5–24–18; 8:45 am] fund that is insured by a joint bond change is consistent with the Act. BILLING CODE 8011–01–P must enter into an agreement with all Comments may be submitted by any of other parties insured by the joint bond the following methods: regarding recovery under the bond. SECURITIES AND EXCHANGE Filings with the Commission Electronic Comments COMMISSION • Upon the execution of a fidelity bond Use the Commission’s internet Submission for OMB Review; or any amendment thereto, a fund must comment form (http://www.sec.gov/ Comment Request file with the Commission within 10 rules/sro.shtml); or days: (i) A copy of the executed bond or • Send an email to rule-comments@ Upon Written Request, Copies Available any amendment to the bond, (ii) the From: Securities and Exchange sec.gov. Please include File Number SR– independent directors’ resolution Commission, Office of FOIA Services, CBOE–2018–040 on the subject line. approving the bond, and (iii) a 100 F Street NE, Washington, DC statement as to the period for which Paper Comments 20549–2736 premiums have been paid on the bond. Extension: • Send paper comments in triplicate In the case of a joint insured bond, a Rule 17g–1, SEC File No. 270–208, OMB fund must also file: (i) A statement to Secretary, Securities and Exchange Control No. 3235–0213 showing the amount the fund would Commission, 100 F Street NE, Notice is hereby given that, pursuant have been required to maintain under Washington, DC 20549–1090. to the Paperwork Reduction Act of 1995 the rule if it were insured under a single All submissions should refer to File (44 U.S.C. 350l-3520), the Securities and insured bond; and (ii) the agreement Number SR–CBOE–2018–040. This file Exchange Commission (the between the fund and all other insured number should be included on the ‘‘Commission’’) has submitted to the parties regarding recovery under the subject line if email is used. To help the Office of Management and Budget a bond. A fund must also notify the Commission process and review your request for extension of the previously Commission in writing within five days comments more efficiently, please use approved collection of information of any claim or settlement on a claim only one method. The Commission will discussed below. under the fidelity bond. post all comments on the Commission’s Rule 17g–1 (17 CFR 270.17g–1) under Notices to Directors internet website (http://www.sec.gov/ the Investment Company Act of 1940 (the ‘‘Act’’) (15 U.S.C. 80a–17(g)) A fund must notify by registered mail rules/sro.shtml). Copies of the governs the fidelity bonding of officers each member of its board of directors of: submission, all subsequent and employees of registered (i) Any cancellation, termination, or amendments, all written statements management investment companies modification of the fidelity bond at least with respect to the proposed rule (‘‘funds’’) and their advisers. Rule 17g– 45 days prior to the effective date; and change that are filed with the 1 requires, in part, the following: (ii) the filing or settlement of any claim Commission, and all written under the fidelity bond when communications relating to the Independent Directors’ Approval notification is filed with the proposed rule change between the The form and amount of the fidelity Commission. Commission and any person, other than bond must be approved by a majority of Rule 17g–1’s independent directors’ those that may be withheld from the the fund’s independent directors at least annual review requirements, fidelity public in accordance with the once annually, and the amount of any bond content requirements, joint bond provisions of 5 U.S.C. 552, will be premium paid by the fund for any ‘‘joint agreement requirement, and the available for website viewing and insured bond,’’ covering multiple funds required notices to directors are printing in the Commission’s Public or certain affiliates, must be approved designed to ensure the safety of fund assets against losses due to the conduct Reference Room, 100 F Street NE, by a majority of the fund’s independent of persons who may obtain access to Washington, DC 20549 on official directors. those assets. These requirements also business days between the hours of Terms and Provisions of the Bond seek to facilitate oversight of a fund’s 10:00 a.m. and 3:00 p.m. Copies of the The amount of the bond may not be fidelity bond. The rule’s required filings filing also will be available for less than the minimum amounts of with the Commission are designed to inspection and copying at the principal coverage set forth in a schedule based assist the Commission in monitoring office of the Exchange. All comments on the fund’s gross assets. The bond funds’ compliance with the fidelity received will be posted without change. must provide that it shall not be bond requirements. Persons submitting comments are cancelled, terminated, or modified Based on conversations with cautioned that we do not redact or edit except upon 60-days written notice to representatives in the fund industry, the personal identifying information from the affected party and to the Commission staff estimates that for each comment submissions. You should Commission. In the case of a joint of the estimated 3,173 active funds submit only information that you wish insured bond, 60-days written notice (respondents),1 the average annual to make available publicly. All must also be given to each fund covered paperwork burden associated with rule submissions should refer to File by the bond. A joint insured bond must Number SR–CBOE–2018–040 and provide that the fidelity insurance 1 Based on statistics compiled by Commission staff, we estimate that there are approximately 3,173 should be submitted on or before June company will provide all funds covered funds that must comply with the collections of 15, 2018. information under rule 17g–1 and have made a 38 17 CFR 200.30–3(a)(12). filing within the last 12 months.

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17g–1’s requirements is two hours, one SECURITIES AND EXCHANGE application. The complete application hour each for a compliance attorney and COMMISSION may be obtained via the Commission’s website by searching for the file the board of directors as a whole. The [Investment Company Act Release No. time spent by a compliance attorney 33101; File No. 812–14832] number, or for an applicant using the includes time spent filing reports with Company name box, at http:// the Commission for fidelity losses (if Weiss Strategic Interval Fund and www.sec.gov/search/search.htm or by any) as well as paperwork associated Weiss Multi-Strategy Advisers LLC calling (202) 551–8090. with any notices to directors, and May 21, 2018. Applicants’ Representations managing any updates to the bond and AGENCY: 1. The Fund is a Delaware statutory the joint agreement (if one exists). The Securities and Exchange Commission (‘‘Commission’’). trust that is registered under the Act as time spent by the board of directors as ACTION: Notice. a diversified, closed-end management a whole includes any time spent investment company that will be initially establishing the bond, as well Notice of application for an order operated as an interval fund. The as time spent on annual updates and under sections 6(c) and 23(c)(3) of the Adviser is a Delaware limited liability approvals. The Commission staff Investment Company Act of 1940 (the company and is registered as an therefore estimates the total ongoing ‘‘Act’’) for an exemption from investment adviser under the paperwork burden hours per year for all rule 23c–3 under the Act. Investment Advisers Act of 1940. The funds required by rule 17g–1 to be 6,346 SUMMARY OF APPLICATION: Applicants Adviser serves as investment adviser to × hours (3,173 funds 2 hours = 6,346 request an order under sections 6(c) and the Fund. hours). 23(c)(3) of the Act for an exemption 2. Applicants request that any relief These estimates of average burden from certain provisions of rule 23c–3 to granted also apply to any registered hours are made solely for the purposes permit certain registered closed-end closed-end management investment of the Paperwork Reduction Act. These investment companies to make company that operates as an interval estimates are not derived from a repurchase offers on a monthly basis. fund pursuant to rule 23c–3 for which the Adviser or any entity controlling, comprehensive or even a representative APPLICANTS: Weiss Strategic Interval controlled by, or under common control survey or study of Commission rules. Fund (the ‘‘Fund’’) and Weiss Multi- with the Adviser, or any successor in The collection of information required Strategy Advisers LLC (the ‘‘Adviser’’). interest to any such entity,1 acts as by Rule 17g–1 is mandatory and will not FILING DATES: The application was filed investment adviser (the ‘‘Future Funds,’’ be kept confidential. An agency may not on October 11, 2017 and amended on and together with the Fund, the conduct or sponsor, and a person is not March 19, 2018. ‘‘Funds,’’ and each, individually, a required to respond to, a collection of HEARING OR NOTIFICATION OF HEARING: ‘‘Fund’’).2 The Fund’s common shares information unless it displays a An order granting the requested relief are not offered or traded in the currently valid control number. will be issued unless the Commission secondary market and are not listed on The public may view the background orders a hearing. Interested persons may any exchange or quoted on any documentation for this information request a hearing by writing to the quotation medium. collection at the following website, Commission’s Secretary and serving 3. Applicants request an order to www.reginfo.gov. Comments should be applicants with a copy of the request, permit each Fund to offer to repurchase directed to: (i) Desk Officer for the personally or by mail. Hearing requests a portion of its common shares at one- should be received by the Commission Securities and Exchange Commission, month intervals, rather than the three, by 5:30 p.m. on June 15, 2018, and Office of Information and Regulatory six, or twelve-month intervals specified should be accompanied by proof of Affairs, Office of Management and by rule 23c–3. service on the applicants, in the form of 4. Each Fund will disclose in its Budget, Room 10102, New Executive an affidavit, or, for lawyers, a certificate prospectus and annual reports its Office Building, Washington, DC 20503, of service. Pursuant to rule 0–5 under fundamental policy to make monthly or by sending an email to: Shagufta_ the Act, hearing requests should state offers to repurchase a portion of its [email protected]; and (ii) Pamela the nature of the writer’s interest, any common shares at net asset value, less Dyson, Director/Chief Information facts bearing upon the desirability of a deduction of a repurchase fee, if any, as Officer, Securities and Exchange hearing on the matter, the reason for the permitted by rule 23c–3(b)(1). The Commission, c/o Remi Pavlik-Simon, request, and the issues contested. fundamental policy will be changeable 100 F Street NE, Washington, DC 20549 Persons who wish to be notified of a only by a majority vote of the holders _ or send an email to: PRA Mailbox@ hearing may request notification by of such Fund’s outstanding voting sec.gov. Comments must be submitted to writing to the Commission’s Secretary. securities. Under the fundamental OMB within 30 days of this notice. ADDRESSES: Secretary, U.S. Securities policy, the repurchase offer amount will Dated: May 18, 2018. and Exchange Commission, 100 F Street be determined by the board of trustees Eduardo A. Aleman, NE, Washington, DC 20549–1090; of the applicable Fund (‘‘Board’’) prior Applicants: Jeffrey Dillabough, Weiss to each repurchase offer. Each Fund will Assistant Secretary. Multi-Strategy Advisers LLC, 320 Park comply with rule 23c–3(b)(8)’s [FR Doc. 2018–11218 Filed 5–24–18; 8:45 am] Avenue, New York, NY 10022. requirements with respect to its trustees BILLING CODE 8011–01–P FOR FURTHER INFORMATION CONTACT: Asen Parachkevov, Senior Counsel, or 1 A successor in interest is limited to an entity that results from a reorganization into another Andrea Ottomanelli Magovern, Branch jurisdiction or a change in the type of business Chief, at (202) 551–6821 (Division of organization. Investment Management, Chief 2 All entities currently intending to rely on the Counsel’s Office). requested relief have been named as applicants. Any entity that relies on the requested order in the SUPPLEMENTARY INFORMATION: The future will do so only in accordance with the terms following is a summary of the and conditions of the application.

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who are not interested persons of such comply with the pro ration and other 2. Section 23(c) of the Act provides in Fund, within the meaning of section allocation requirements of rule 23c– relevant part that no registered closed- 2(a)(19) of the Act (‘‘Disinterested 3(b)(5) if common shareholders tender end investment company shall purchase Trustees’’) and their legal counsel. Each more than the repurchase offer amount. any securities of any class of which it Fund will make monthly offers to Further, each Fund will permit tenders is the issuer except: (a) On a securities repurchase not less than 5% of its to be withdrawn or modified at any time exchange or other open market; (b) outstanding shares at the time of the until the repurchase request deadline, pursuant to tenders, after reasonable repurchase request deadline. The but will not permit tenders to be opportunity to submit tenders given to repurchase offer amounts for the then- withdrawn or modified thereafter. all holders of securities of the class to current monthly period, plus the 9. From the time a Fund sends its be purchased; or (c) under such other repurchase offer amounts for the two notification to shareholders of the circumstances as the Commission may monthly periods immediately preceding repurchase offer until the repurchase permit by rules and regulations or the then-current monthly period, will pricing date, a percentage of such orders for the protection of investors. not exceed 25% of the outstanding Fund’s assets equal to at least 100% of 3. Rule 23c–3 under the Act permits common shares of the applicable Fund. the repurchase offer amount will consist a registered closed-end investment 5. Each Fund’s fundamental policies of: (a) Assets that can be sold or company to make repurchase offers for will specify the means to determine the disposed of in the ordinary course of its common stock at net asset value at repurchase request deadline and the business at approximately the price at periodic intervals pursuant to a maximum number of days between each which such Fund has valued such fundamental policy of the investment repurchase request deadline and the investment within a period equal to the company. ‘‘Periodic interval’’ is defined repurchase pricing date. Each Fund’s period between the repurchase request in rule 23c–3(a)(1) as an interval of repurchase pricing date normally will deadline and the repurchase payment three, six, or twelve months. Rule 23c– be the same date as the repurchase deadline; or (b) Assets that mature by 3(b)(4) requires that notification of each request deadline and pricing will be the next repurchase payment deadline. repurchase offer be sent to shareholders determined after close of business on In the event the assets of a Fund fail to no less than 21 calendar days and no that date. comply with this requirement, the more than 42 calendar days before the 6. Pursuant to rule 23c–3(b)(1), each Board will cause such Fund to take such repurchase request deadline. Fund will repurchase shares for cash on 4. Applicants request an order action as it deems appropriate to ensure or before the repurchase payment pursuant to sections 6(c) and 23(c) of compliance. deadline, which will be no later than the Act exempting them from rule 23c– seven calendar days after the repurchase 10. In compliance with the asset 3(a)(1) to the extent necessary to permit pricing date. The Fund (and any Future coverage requirements of section 18 of the Funds to make monthly repurchase Fund) currently intends to make the Act, any senior security issued by, offers. Applicants also request an payment by the fifth business day or or other indebtedness of, a Fund will exemption from the notice provisions of seventh calendar day (whichever period either mature by the next repurchase rule 23c–3(b)(4) to the extent necessary is shorter) following the repurchase pricing date or provide for such Fund’s to permit each Fund to send notification pricing date. Each Fund will make ability to call, repay or redeem such of an upcoming repurchase offer to payment for shares repurchased in the senior security or other indebtedness by shareholders at least seven days but no previous month’s repurchase offer at the next repurchase pricing date, either more than fourteen calendar days in least five business days before sending in whole or in part, without penalty or advance of the repurchase request notification of the next repurchase offer. premium, as necessary to permit that deadline. The Fund intends to, and a Future Fund Fund to complete the repurchase offer 5. Applicants contend that monthly may, deduct a repurchase fee in an in such amounts determined by its repurchase offers are in the public amount not to exceed 2% from the Board. interest and in the common repurchase proceeds payable to 11. The Board of each Fund will shareholders’ interests and consistent tendering shareholders, in compliance adopt written procedures to ensure that with the policies underlying rule 23c– with rule 23c–3(b)(1). such Fund’s portfolio assets are 3. Applicants assert that monthly 7. Each Fund will provide common sufficiently liquid so that it can comply repurchase offers will provide investors shareholders with notification of each with its fundamental policy on with more liquidity than quarterly repurchase offer no less than seven days repurchases and the liquidity repurchase offers. Applicants assert that and no more than fourteen days prior to requirements of rule 23c–3(b)(10)(i). The shareholders will be better able to the repurchase request deadline. The Board of each Fund will review the manage their investments and plan notification will include all information overall composition of the portfolio and transactions, because if they decide to required by rule 23c–3(b)(4)(i). Each make and approve such changes to the forego a repurchase offer, they will only Fund will file the notification and the procedures as it deems necessary. need to wait one month for the next offer. Applicants also contend that the Form N–23c–3 with the Commission Applicants’ Legal Analysis within three business days after sending portfolio of each Fund will be managed the notification to its respective 1. Section 6(c) of the Act provides that to provide ample liquidity for monthly common shareholders. the Commission may exempt any repurchase offers. 8. The Funds will not suspend or person, security, or transaction, or any 6. Applicants propose to send postpone a repurchase offer except class or classes of persons, securities, or notification to shareholders at least pursuant to the vote of a majority of its transactions, from any provision of the seven days, but no more than fourteen Trustees, including a majority of its Act or rule thereunder, if and to the calendar days, in advance of a Disinterested Trustees, and only under extent that such exemption is necessary repurchase request deadline. Applicants the limited circumstances specified in or appropriate in the public interest and assert that, because the Fund (and any rule 23c–3(b)(3)(i). The Funds will not consistent with the protection of Future Fund) currently intends to make condition a repurchase offer upon investors and the purposes fairly payment on the fifth business day or tender of any minimum amount of intended by the policy and provisions of seventh calendar day (whichever period shares. In addition, each Fund will the Act. is shorter) following the repurchase

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pricing date, the entire procedure will Extension: Please direct your written comments be completed before the next Rule 206(4)–3, SEC File No. 270–218, OMB to Pamela Dyson, Director/Chief notification is sent out to shareholders, Control No. 3235–0242 Information Officer, Securities and thus avoiding any overlap. Applicants Notice is hereby given that, pursuant Exchange Commission, C/O Remi believe that these procedures will to the Paperwork Reduction Act of 1995 Pavlik-Simon, 100 F Street NE, eliminate any possibility of investor (44 U.S.C. 3501 et seq.), the Securities Washington, DC 20549; or send an email confusion. Applicants also state that and Exchange Commission to: [email protected]. monthly repurchase offers will be a (‘‘Commission’’) is soliciting comments Dated: May 18, 2018. fundamental feature of the Funds, and on the collection of information Eduardo A. Aleman, their prospectuses will provide a clear summarized below. The Commission Assistant Secretary. explanation of the repurchase program. plans to submit this existing collection [FR Doc. 2018–11219 Filed 5–24–18; 8:45 am] 7. Applicants submit that for the of information to the Office of BILLING CODE 8011–01–P reasons given above the requested relief Management and Budget for extension is appropriate in the public interest and and approval. is consistent with the protection of Rule 206(4)–3 (17 CFR 275.206(4)–3) SECURITIES AND EXCHANGE investors and the purposes fairly under the Investment Advisers Act of COMMISSION intended by the policy and provisions of 1940, which is entitled ‘‘Cash Payments the Act. for Client Solicitations,’’ provides [Release No. 34–83294; File No. SR– NASDAQ–2018–008] Applicants’ Conditions restrictions on cash payments for client solicitations. The rule requires that an Applicants agree that any order Self-Regulatory Organizations; The adviser pay all solicitors’ fees pursuant granting the requested relief shall be Nasdaq Stock Market LLC; Order to a written agreement. When an adviser subject to the following conditions: Instituting Proceedings To Determine will provide only impersonal advisory 1. The Fund (and any Future Fund Whether To Approve or Disapprove a services to the prospective client, the relying on this relief) will make a Proposed Rule Change To Modify the rule imposes no disclosure repurchase offer pursuant to rule 23c– Listing Requirements Contained in requirements. When the solicitor is 3(b) for a repurchase offer amount of not Listing Rule 5635(d) To Change the affiliated with the adviser and the less than 5% in any one-month period. Definition of Market Value for adviser will provide individualized In addition, the repurchase offer amount Purposes of the Shareholder Approval advisory services to the prospective for the then-current monthly period, Rule and Eliminate the Requirement client, the solicitor must, at the time of plus the repurchase offer amounts for for Shareholder Approval of Issuances the solicitation or referral, indicate to the two monthly periods immediately at a Price Less Than Book Value but the prospective client that he is preceding the then-current monthly Greater Than Market Value affiliated with the adviser. When the period, will not exceed 25% of the solicitor is not affiliated with the May 21, 2018. Fund’s (or Future Fund’s, as applicable) adviser and the adviser will provide outstanding common shares. The Fund I. Introduction individualized advisory services to the (and any Future Fund relying on this prospective client, the solicitor must, at On January 30, 2018, The Nasdaq relief) may repurchase additional the time of the solicitation or referral, Stock Market LLC (‘‘Nasdaq’’ or the tendered shares pursuant to rule 23c– provide the prospective client with a ‘‘Exchange’’) filed with the Securities 3(b)(5) only to the extent the percentage copy of the adviser’s brochure and a and Exchange Commission of additional shares so repurchased does disclosure document containing (‘‘Commission’’), pursuant to Section not exceed 2% in any three-month information specified in rule 206(4)–3. 19(b)(1) of the Securities Exchange Act period. 1 Amendments to rule 206(4)–3, adopted of 1934 (‘‘Act’’) and Rule 19b–4 2. Payment for repurchased shares thereunder,2 a proposed rule change to will occur at least five business days in 2010 in connection with rule 206(4)– 5, specify that solicitation activities modify the listing requirements before notification of the next contained in Nasdaq Rule 5635(d) to (1) repurchase offer is sent to shareholders involving a government entity, as defined in rule 206(4)–5, are subject to change the definition of market value of the Fund (or Future Fund relying on for purposes of shareholder approval this relief). the additional limitations of rule 206(4)–5. The information rule 206(4)– under Nasdaq Rule 5635(d); (2) For the Commission, by the Division of 3 requires is necessary to inform eliminate the requirement for Investment Management, under delegated advisory clients about the nature of the shareholder approval of issuances at a authority. solicitor’s financial interest in the price less than book value but greater Eduardo A. Aleman, recommendation so the prospective than market value; and (3) make other Assistant Secretary. clients may consider the solicitor’s conforming changes. The proposed rule [FR Doc. 2018–11296 Filed 5–24–18; 8:45 am] potential bias, and to protect clients change was published for comment in BILLING CODE 8011–01–P against solicitation activities being the Federal Register on February 20, carried out in a manner inconsistent 2018.3 On April 4, 2018, pursuant to with the adviser’s fiduciary duty to Section 19(b)(2) of the Act,4 the SECURITIES AND EXCHANGE clients. Rule 206(4)–3 is applicable to Commission designated a longer period COMMISSION all Commission-registered investment within which to either approve the advisers. The Commission believes that proposed rule change, disapprove the Proposed Collection; Comment proposed rule change, or institute Request approximately 4,395 of these advisers have cash referral fee arrangements. The Upon Written Request, Copies Available rule requires approximately 7.04 burden 1 15 U.S.C. 78s(b)(1). 2 From: Securities and Exchange hours per year per adviser and results in 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 82702 Commission, Office of FOIA Services, a total of approximately 30,941 total (February 13, 2018), 83 FR 7269 (February 20, 2018) 100 F Street NE, Washington, DC burden hours (7.04 × 4,395) for all (‘‘Notice’’). 20549–2736 advisers. 4 15 U.S.C. 78s(b)(2).

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proceedings to determine whether to ‘‘Market value’’ is defined in Nasdaq consistent with the approach of other disapprove the proposed rule change.5 Rule 5005(a)(23) as the consolidated exchanges.15 The Commission received three closing bid price multiplied by the Further, in proposing to also use a comments on the proposed rule measure to be valued (e.g., a company’s five-day average closing price to 6 change. This order institutes market value of publicly held shares is determine if a shareholder vote is proceedings under Section 19(b)(2)(B) of equal to the consolidated closing bid 7 required under Nasdaq Rule 5635(d), the Act to determine whether to price multiplied by a company’s the Exchange noted that while investors approve or disapprove the proposed publicly held shares).11 This definition and companies sometimes prefer to use rule change. applies to the shareholder approval an average when pricing transactions, II. Description of the Proposal rules as well as other listing rules. The there are potential negative The Exchange has proposed to amend Exchange has proposed to amend the consequences to using a five-day Nasdaq Rule 5635(d) to modify the definition of market value only for average as the sole measure of whether circumstances in which shareholder purposes of Nasdaq Rule 5635(d). The shareholder approval is required. For approval is required for issuances of new definition, to be known as the example, in a declining market, the securities in private placement ‘‘Minimum Price,’’ is defined as the Exchange noted that the five-day transactions. Currently, under Nasdaq price that is the lower of (1) the closing average price will be above the current Rule 5635(d), the Exchange requires a price (as reflected on Nasdaq.com) or (2) market price, which, according to the Nasdaq-listed company to obtain the average closing price of the common Exchange, could make it difficult for shareholder approval prior to the stock (as reflected on Nasdaq.com) for companies to close transactions because issuance of securities in connection the five trading days immediately investors could buy shares at a lower with a private placement transaction preceding the signing of the binding price in the market. The Exchange also (i.e. a transaction other than a public agreement.12 Under the proposal, noted concerns with using a five-day offering 8) involving: (1) The sale, shareholder approval will only be average in a rising market, in that the issuance, or potential issuance by the required for private placement five-day average price will appear to be company of common stock (or securities transactions that are priced below the at a discount to the closing current convertible into or exercisable for Minimum Price as described above. market price. Further, according to the common stock) at a price less than the Exchange, if material news is greater of book or market value which In proposing to use the closing price announced during the five-day period, together with sales by officers, directors, on Nasdaq, rather than the Nasdaq bid the average price could be a worse or Substantial Shareholders 9 of the price as under the current rule, the reflection of market value than the company equals 20% or more of Exchange explained, in its proposal, closing price after the news is disclosed. common stock or 20% or more of the that the closing price reported on The Exchange stated, however, that it voting power outstanding before the Nasdaq.com is the Nasdaq Official believed that these risks of using the issuance; or (2) the sale, issuance, or Closing Price, which is derived from the five-day average price are already potential issuance by the company of closing auction on Nasdaq, reflects accepted by the market, as evidenced by common stock (or securities convertible actual sale prices at one of the most the use of an average price in into or exercisable common stock) equal liquid times of the day, and is highly transactions that do not require to 20% or more of the common stock or transparent to investors.13 According to shareholder approval, such as those 20% or more of the voting power the Exchange, the closing price reported transactions where less than 20% of the outstanding before the issuance for less on Nasdaq.com is a better reflection of outstanding shares are being issued. In than the greater of book or market value the market price of the security than the its rule filing, the Exchange also noted of the stock.10 closing bid price.14 The Exchange also that several commenters raised concerns noted that this use of closing price is regarding a 2017 solicitation of 5 See Securities Exchange Act Release No. 82994 comments by the Exchange on a (April 4, 2018), 83 FR 15441 (April 10, 2018). The proposal to use the five-day average Commission designated May 21, 2018, as the date of stock or assets of another company, a change of by which it should approve, disapprove, or institute control, and equity compensation. Nasdaq is not price as the sole measure of market proceedings to determine whether to disapprove the proposing to amend these other shareholder value (‘‘2017 Solicitation’’).16 The proposed rule change. approval provisions in its proposal. Exchange stated that it believed these 6 See Letters to Brent J. Fields, Secretary, 11 See Nasdaq Rule 5005(a)(23). concerns were justified and, as such, Commission, from Michael A. Adelstein, Partner, 12 See proposed Nasdaq Rule 5635(d)(1)(A). proposed to define market value as the Kelley Drye & Warren LLP, dated February 28, 2018 13 See Notice, supra note 3, at 7270, which (‘‘Kelley Drye letter’’); Penny Somer-Greif, Chair, discusses the Nasdaq Official Closing Price and lower of the closing price or five-day and Gregory T. Lawrence, Vice-Chair, Committee on notes, among other things, that the closing auction average price. As the Exchange noted, Securities Law of the Business Law Section of the is ‘‘highly transparent to all investors through the this means that, under its proposal, an Maryland State Bar Association, dated March 13, widespread dissemination of stock-by-stock 2018 (‘‘MSBA Letter’’); and Greg Rodgers, Latham issuance would not require shareholder information about the closing auction, including the approval as long as the issuance occurs Watkins, dated March 14, 2018 (‘‘Latham Watkins potential price and size of the closing auction.’’ The Letter’’). Exchange stated that the closing price is published 7 15 U.S.C. 78s(b)(2)(B). on Nasdaq.com with a 15 minute delay and is 15 See Notice, supra note 3, at 7270 & n.3 (citing 8 See Nasdaq Rule IM–5635–3 (Definition of a available without registration or fee. According to Section 312.04(i) of the NYSE Listed Company Public Offering). the Exchange, Nasdaq does not currently intend to Manual). 9 An interest consisting of less than either 5% of charge a fee for access to this data or otherwise 16 As the Exchange stated in the Notice, in 2017, the number of shares of common stock or 5% of the restrict availability of this data. The Exchange the Exchange solicited comments on a proposal to voting power outstanding of a Company or party further stated that it would file a proposed rule amend Nasdaq Rule 5635(d) and the Exchange will not be considered a substantial interest or change under Section 19(b) of the Act before based its current proposal on its experience and cause the holder of such interest to be regarded as implementing any such change and, in such filing, comments received during that process. See Notice, a ‘‘Substantial Shareholder.’’ See Nasdaq Rule address the impact of the proposed rule change on supra note 3, at 7270. The Commission notes that, 5635(e)(3). compliance with this rule. See id. at 7270 n.6. in its rule filing, the Exchange stated that it received 10 See Nasdaq Rule 5635(d). The Commission 14 See Notice, supra note 3, at 7270. According to support for this proposal in its 2017 Solicitation, notes that Nasdaq Rule 5635 also requires the Exchange, the price of an executed trade but four commenters raised concerns about reliance shareholder approval under Nasdaq Rules 5635(a), generally is viewed as a more reliable indicator of on the five-day average price to measure market (b), and (c) for issuances involving an acquisition value than a bid quotation. See id. value in certain circumstances. See id. at 7271.

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at a price greater than the lower of the In addition, the Exchange proposed to commenter stated that the proposed two measures.17 amend the preamble to Nasdaq Rule changes to the definition of market The Exchange also proposed, in 5635 and the title of Nasdaq Rule value provides listed companies with conjunction with its proposal to 5635(d) to replace references to ‘‘private additional flexibility in structuring their placements’’ with ‘‘transactions other securities transactions, brings the redefine market value for purposes of 22 determining when a shareholder vote is than public offerings’’ to, according to shareholder approval rule more in line triggered under Rule 5635(d), to the Exchange, conform the language to with how transactions are structured eliminate its current requirement for that in Nasdaq Rule IM–5635–3, which when the rule is not a consideration, defines a public offering,23 and to make shareholder approval of private and provides a reasonable indication of other conforming changes to Nasdaq 29 placement issuances at a price that is market value. This commenter also Rules IM–5635–3 and IM–5635–4.24 less than book value. Currently, as noted supported the proposed change to use 30 above, the Exchange’s rules require III. Summary of Comments the Nasdaq Official Closing Price. As to the proposal to eliminate book shareholder approval of a private The Commission received three value, two of the commenters placement transaction if it is priced comments on the proposed rule change, specifically discussed their support of below market or book value. 25 all of which supported the proposal. this change. One commenter stated that Accordingly, under the proposal, Of these commenters, one stated it book value does not reflect the actual private placement transactions that are supported the proposed rule change value of securities and is not relied priced below book value but above without reservation and the Exchange’s upon in connection with investment market value, as defined by the reevaluation of its shareholder approval decisions, whereas market price of an Minimum Price, would not require rules in light of changes in market issuer’s common stock represents the shareholder approval. In its proposal, practice and investor protection market’s consensus on the value of the the Exchange stated that book value is mechanisms that have taken place since security. This commenter also stated an accounting measure that is based on 26 the adoption of these rules. Another that in the rare instances where book the historic cost of assets rather than commenter stated that, while it value exceeds market value, this usually their current value. According to the supported more significant changes to occurs due to the accounting treatment Exchange, book value is not an Nasdaq Rule 5635(d), the proposed rule of certain types of capital investments appropriate measure of whether a change would be a strong first step in by the issuer and should not impact the transaction is dilutive or should correcting the inadequacies and issuer’s ability to raise capital at market otherwise require shareholder inequitableness of Nasdaq Rule prices.31 Another commenter strongly approval.18 27 5635(d). supported the proposed elimination of Further, the Exchange proposed to Two of the commenters in support of book value and stated it agreed with revise Nasdaq Rule 5635(d) to provide the proposal specifically addressed the statements in the Notice that book value that shareholder approval is required changes to the definition of market is not an appropriate measure of current prior to a 20% Issuance at a price that value. One commenter stated that the value and, therefore, whether a is less than the Minimum Price.19 Under proposed method to determine market transaction is dilutive or should require the proposal, the Exchange would value using the lower of the Nasdaq shareholder approval.32 define ‘‘20% Issuance’’ for purposes of closing price and five-day average of Rule 5635(d) as a transaction, other than Nasdaq closing prices is a better IV. Proceedings To Determine Whether a public offering as defined in IM–5635– determination of market value than the To Approve or Disapprove SR– 3, involving the sale, issuance, or current use of closing bid price because NASDAQ–2018–008 and Grounds for potential issuance by the Company of it will more accurately reflect the type Disapproval Under Consideration common stock (or securities convertible of price that would occur in an arms- The Commission is instituting into or exercisable for common stock), length transaction. This commenter proceedings pursuant to Section which alone or together with sales by stated that the proposed measure will 19(b)(2)(B) of the Act to determine officers, directors, or Substantial provide flexibility to account for market whether the proposal should be Shareholders of the Company, equals fluctuations and events, without approved or disapproved.33 Institution 20% or more of the common stock or incurring the typical adverse of such proceedings is appropriate at 20% or more of the voting power consequence of material movements, this time in view of the legal and policy outstanding before the issuance.20 positive or negative, in a stock price at issues raised by the proposed rule According to the Exchange, the or near the end of a five-day period.28 change, as discussed below. Institution Exchange is not making a substantive Another commenter noted that parties of disapproval proceedings does not change to the threshold for quantity or often prefer to structure a transaction indicate that the Commission has voting power of shares being sold that using an average price to smooth out reached any conclusions with respect to would give rise to the need for unusual price fluctuations. This any of the issues involved. shareholder approval, although, as Pursuant to Section 19(b)(2)(B) of the described above, the applicable market 22 See proposed Nasdaq Rule 5635 and subsection Act, the Commission is providing notice (d). 21 of the grounds for disapproval under value pricing test will change. 23 See Notice, supra note 3, at 7271. 24 See proposed Nasdaq Rules IM–5635–3 and consideration. The Commission is 17 See Notice, supra note 3, at 7270–71. IM–5635–4. 18 See Notice, supra note 3, at 7271. The 25 See Kelley Drye Letter, MSBA Letter, and 29 See MSBA Letter, supra note 6, at 1–2. Commission notes that, in its rule filing, the Latham Watkins Letter, supra note 6. These three 30 See MSBA Letter, supra note 6, at 2. Exchange stated that it received support for this commenters previously provided comment letters 31 See Kelley Drye Letter, supra note 6, at 2. In change in its 2017 Solicitation, but also received to the Exchange in response to the 2017 addition, this commenter stated that book value comments opposing the change, one of which Solicitation. For a summary prepared by the may exceed market value due to a market raised specific concerns that the Exchange Exchange of these comment letters, see the Notice, correction, burst bubble, or financial crisis, which acknowledged in its proposal. See id. at 7271, 7274. supra note 3, at 7273–74. is a time when an issuer needs to be able to raise 19 See proposed Nasdaq Rule 5635(d)(2). 26 See Latham Watkins Letter, supra note 6. sufficient capital. See id. 20 See proposed Nasdaq Rule 5635(d)(1)(B). 27 See Kelley Drye Letter, supra note 6, at 1–2. 32 See MSBA Letter, supra note 6, at 2. 21 See Notice, supra note 3, at 7271. 28 See Kelley Drye Letter, supra note 6, at 3. 33 15 U.S.C. 78s(b)(2)(B).

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instituting proceedings to allow for proposal is consistent with Section Electronic Comments additional analysis and input 6(b)(5) or any other provision of the Act, • concerning the proposed rule change’s or the rules and regulations thereunder. Use the Commission’s internet consistency with the Act 34 and, in Although there do not appear to be any comment form (http://www.sec.gov/ particular, with Section 6(b)(5) of the issues relevant to approval or rules/sro.shtml); or Act, which requires, among other disapproval that would be facilitated by • Send an email to rule-comments@ things, that the rules of a national an oral presentation of views, data, and sec.gov. Please include File Number SR– securities exchange be designed to arguments, the Commission will NASDAQ–2018–008 on the subject line. prevent fraudulent and manipulative consider, pursuant to Rule 19b–4, any acts and practices, to promote just and request for an opportunity to make an Paper Comments equitable principles of trade, to remove oral presentation.37 • impediments to and perfect the Send paper comments in triplicate mechanism of a free and open market Interested persons are invited to to Secretary, Securities and Exchange and a national market system and, in submit written data, views, and Commission, 100 F Street NE, general, to protect investors and the arguments regarding whether the Washington, DC 20549–1090. proposal should be approved or public interest.35 All submissions should refer to File disapproved by June 15, 2018. Any As discussed above, the Exchange Number SR–NASDAQ–2018–008. This person who wishes to file a rebuttal to proposed to modify Nasdaq Rule file number should be included on the any other person’s submission must file 5635(d) to change the definition of subject line if email is used. To help the that rebuttal by June 29, 2018. The market value for purposes of Commission process and review your Commission asks that commenters shareholder approval of private comments more efficiently, please use address the sufficiency of the placement transactions such that (1) only one method. The Commission will Exchange’s statements in support of the shareholder approval would be required post all comments on the Commission’s proposal which are set forth in the prior to an issuance of 20% or more at internet website (http://www.sec.gov/ Notice,38 in addition to any other a price that is less than the lower of the rules/sro.shtml). Copies of the closing price or the five-day average comments they may wish to submit submission, all subsequent price; and (2) shareholder approval about the proposed rule change. In amendments, all written statements would not be required prior to an particular, the Commission seeks with respect to the proposed rule issuance of 20% or more at a price that comment, including where relevant, any change that are filed with the is less than book value but greater than specific data, statistics, or studies, on Commission, and all written market value. In response to the the following: communications relating to the Exchange’s 2017 Solicitation, as noted 1. Is the five-day average closing price proposed rule change between the above, some commenters had raised a reasonable alternative to determining Commission and any person, other than questions about the use of a five-day market value for purposes of those that may be withheld from the average price as a measure of market shareholder approval requirements public in accordance with the value under certain market conditions under Nasdaq Rule 5635(d)? If so, what provisions of 5 U.S.C. 552, will be and the elimination of the book value are the benefits and/or risks to available for website viewing and standard. Accordingly, the Commission companies and their shareholders? Do printing in the Commission’s Public is specifically requesting additional the benefits and risks to companies and Reference Room, 100 F Street NE, comment on these two parts of the shareholders change under certain Washington, DC 20549, on official Exchange’s proposal in light of the market conditions, such as rising business days between the hours of questions raised in connection with the markets, and if so how? 10:00 a.m. and 3:00 p.m. Copies of such Exchange’s 2017 Solicitation.36 filing also will be available for 2. Are there benefits and/or risks to V. Commission’s Solicitation of inspection and copying at the principal listed companies and shareholders by Comments office of the Exchange. All comments permitting sales in private placements received will be posted without change. The Commission requests that that are above market value but below Persons submitting comments are interested persons provide written book value? Could there be any cautioned that we do not redact or edit submissions of their views, data, and potential impact on share price? Would personal identifying information from arguments with respect to the issues the assessment of any potential impact, identified above, as well as any other comment submissions. You should if any, change depending on the reason submit only information that you wish concerns they may have with the why a stock is trading above market proposal. In particular, the Commission to make available publicly. All price but below book value (i.e., market submissions should refer to File invites the written view of interested conditions, accounting issues)? persons concerning whether the Number SR–NASDAQ–2018–008 and Comments may be submitted by any should be submitted on or before June 34 15 U.S.C. 78f(b)(5). of the following methods: 15, 2018. Rebuttal comments should be 35 Id. submitted by June 29, 2018. 37 36 The Commission also notes that the Exchange Section 19(b)(2) of the Exchange Act, as For the Commission, by the Division of amended by the Securities Act Amendments of proposal stated that the ‘‘closing price’’ used is the Trading and Markets, pursuant to delegated closing price (as reflected on Nasdaq.com) at the 1975, Public Law 94–29 (June 4, 1975), grants the 39 time of the transaction. The Exchange should Commission flexibility to determine what type of authority. address in its rule proposal if ‘‘at the time of the proceeding—either oral or notice and opportunity Eduardo A. Aleman, transaction’’ would use the previous day’s close or for written comments—is appropriate for the close on the day of the transaction and should consideration of a particular proposal by a self- Assistant Secretary. clarify this in the rule text. Unlike the closing price regulatory organization. See Securities Act [FR Doc. 2018–11224 Filed 5–24–18; 8:45 am] reference, the five-day average closing price Amendments of 1975, Senate Comm. on Banking, BILLING CODE 8011–01–P provision, as proposed, currently makes clear it is Housing & Urban Affairs, S. Rep. No. 75, 94th based on the five days immediately preceding the Cong., 1st Sess. 30 (1975). signing of a binding agreement. 38 See Notice, supra note 3. 39 17 CFR 200.30–3(a)(57).

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SMALL BUSINESS ADMINISTRATION via email to all course participants Alternative Route in support of the immediately following course Bureau of Land Management’s review of Data Collection Available for Public completion to gain insight on the TransCanada’s application for a right-of- Comments quality of the program. Every 12 months way. This NOI solicits participation and following course completion, a follow comment from interested federal, tribal, ACTION: 60-Day notice and request for up survey will be sent to all participants state, and local government entities, as comments. to measure participant outcomes as the well as members of the public, to help SBA seeks to gauge the impact of course SUMMARY: The Small Business inform EA scope and content. completion on the creation of veteran Administration (SBA) intends to request DATES: The Department invites members approval, from the Office of owned small businesses or the motivation and confidence of veterans of the public, government agencies, Management and Budget (OMB) for the tribal governments, and all other collection of information described to pursue business ownership. Participants will be surveyed once a interested parties to comment on the below. The Paperwork Reduction Act scope of the EA during the 30-day (PRA) of 1995, requires federal agencies year for 5 years following course completion to allow for business public scoping period. Comments are to publish a notice in the Federal due by June 25, 2018. Register concerning each proposed incubation. Please note that all comments collection of information before Solicitation of Public Comments submission to OMB, and to allow 60 received during the scoping period may SBA is requesting comments on (a) days for public comment in response to be publicized. Comments will be neither Whether the collection of information is the notice. This notice complies with private nor edited to remove either necessary for the agency to properly that requirement. identifying or contact information. perform its functions; (b) whether the Commenters should omit information DATES: Submit comments on or before burden estimates are accurate; (c) that they do not want disclosed. Any July 24, 2018. whether there are ways to minimize the party who will either solicit or aggregate ADDRESSES: Send all comments to Dena burden, including through the use of other people’s comments should convey Moglia, Supervisor Veterans Affairs automated techniques or other forms of this cautionary message. Specialist of Veterans Programs, Office information technology; and (d) whether of Veteran Business Development, Small there are ways to enhance the quality, ADDRESSES: Comments may be Business Administration, 409 3rd Street, utility, and clarity of the information. submitted at https:// 5th Floor, Washington, DC 20416. www.regulations.gov by entering the Summary of Information Collection title of this Notice into the search field, FOR FURTHER INFORMATION CONTACT: and then following the prompts. Dena Moglia, Supervisor Veterans Title: Boots to Business Post Course Comments also may be submitted by Affairs Specialist of Veterans Programs, Surveys. mail, addressed to: Ms. Jill Reilly, Office Office of Veterans Business Description of Respondents: Service of Environmental Quality and Development, [email protected], members, veterans and spouses. Transboundary Issues, OES/EQT, Room 202–205–7034, or Curtis B. Rich, Form Number: N/A. 2727, U.S. Department of State, 2201 C Management Analyst, 202–205–7030, Total Estimated Annual Responses: Street NW, Washington, DC 20520. [email protected]. 10,000. Total Estimated Annual Hour Burden: SUPPLEMENTARY INFORMATION: Please note that all comments Boots to 2,000 hours. Business is an entrepreneurial provided by agencies and organizations education initiative offered by the U.S. Curtis B. Rich, should list a designated contact person. Small Business Administration (SBA) as Management Analyst. SUPPLEMENTARY INFORMATION: On a career track within the Department of [FR Doc. 2018–11284 Filed 5–24–18; 8:45 am] January 26, 2017, TransCanada Defense’s revised Training Assistance BILLING CODE 8025–01–P resubmitted its Presidential Permit Program called Transition Goals, Plans, application for the proposed Keystone Success (Transition GPS). The XL pipeline. Subsequently, on March curriculum provides valuable assistance DEPARTMENT OF STATE 23, 2017, the Under Secretary of State to transitioning service members for Political Affairs determined that exploring self-employment [Public Notice: 10427] issuance of a Presidential Permit to opportunities by leading them through Notice of Intent To Prepare an TransCanada to construct, connect, the key steps for evaluating business Environmental Assessment for the operate, and maintain at the border of concepts and the foundational Proposed Keystone XL Pipeline the United States pipeline facilities to knowledge required for developing a Mainline Alternative Route in Nebraska transport crude oil from Canada to the business plan. Participants are also United States would serve the U.S. introduced to SBA resources available AGENCY: Department of State. national interest. Accordingly, the to help access startup capital and ACTION: Notice of intent. Under Secretary issued a Presidential additional technical assistance. Permit to TransCanada. TransCanada’s The Boots to Business Post Course SUMMARY: On November 20, 2017, the application to BLM for a right-of-way surveys will be online, voluntary Nebraska Public Service Commission remains pending before the agency. surveys that enable the Boots to approved the Mainline Alternative Business program office to capture data Route in Nebraska. The Department FOR FURTHER INFORMATION CONTACT: Ms. related but not limited to the issues this Notice of Intent (NOI) to Jill Reilly, Acting NEPA Coordinator, effectiveness of all Boots to Business announce that it will prepare an Office of Environmental Quality and courses, quality of the instructors and Environmental Assessment (EA)— Transboundary Issues, (202) 647–9798, materials, and number of small consistent with the National [email protected]. businesses created as a result of Environmental Policy Act (NEPA) of Detailed records on the proposed participating in Boots to Business. Boots 1969—to evaluate the potential project, along with general information to Business will send an initial survey environmental impacts of the Mainline about the Presidential Permit process,

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are available at: https:// seven days before the exemption DATES: Written comments should be keystonepipeline-xl.state.gov. becomes effective).1 submitted by July 24, 2018. An original and 10 copies of all ADDRESSES: Send comments to the FAA Brian P. Doherty, pleadings, referring to Docket No. FD at the following address: Barbara Hall, Director, Office of Environmental Quality and 36179, must be filed with the Surface Federal Aviation Administration, ASP– Transboundary Issues, Department of State. Transportation Board, 395 E Street SW, 110, 10101 Hillwood Parkway, Fort [FR Doc. 2018–11240 Filed 5–24–18; 8:45 am] Washington, DC 20423–0001. In Worth, TX 76177. BILLING CODE 4710–09–P addition, a copy of each pleading must be served on Thomas J. Litwiler, FOR FURTHER INFORMATION CONTACT: Fletcher & Sippel LLC, 29 North Wacker Barbara Hall by email at: SURFACE TRANSPORTATION BOARD Drive, Suite 920, Chicago, IL 60606– [email protected]; phone: 940– 2832. 594–5913. [Docket No. FD 36179] According to LSRC, this action is SUPPLEMENTARY INFORMATION: exempt from environmental review Lake State Railway Company—Lease Public Comments Invited: You are under 49 CFR 1105.6(c) and exempt Exemption—Grand Trunk Western asked to comment on any aspect of this from historic review under 49 CFR Railroad Company information collection, including (a) 1105.8(b). Whether the proposed collection of Board decisions and notices are Lake State Railway Company (LSRC), information is necessary for FAA’s available on our website at a Class III rail carrier, has filed a verified performance; (b) the accuracy of the WWW.STB.GOV. notice of exemption under 49 CFR estimated burden; (c) ways for FAA to 1150.41 to lease from Grand Trunk Decided: May 22, 2018. enhance the quality, utility and clarity Western Railroad Company (GTW) and By the Board, Scott M. Zimmerman, Acting of the information collection; and (d) operate approximately 3.9 miles of rail Director, Office of Proceedings. ways that the burden could be line, extending from approximately Jeffrey Herzig, minimized without reducing the quality milepost 55.8 at the north side of Clearance Clerk. of the collected information. The agency Griswold Road to the end of the track [FR Doc. 2018–11309 Filed 5–24–18; 8:45 am] will summarize and/or include your at approximately milepost 59.7 at the BILLING CODE 4915–01–P comments in the request for OMB’s Dunn Paper switch in Port Huron, Mich. clearance of this information collection. (PH Track). OMB Control Number: 2120–0517. According to LSRC, it has entered into DEPARTMENT OF TRANSPORTATION a Track Lease for the Handling of Cars Title: Airport Nosie Compatibility Planning. and a companion Switching Agreement, Federal Aviation Administration both dated March 23, 2018, providing Form Numbers: There are no FAA for LSRC’s lease and operation of the PH Agency Information Collection forms associated with this collection. Track. LSRC states that GTW will retain Activities: Requests for Comments; Type of Review: Renewal of an responsibility for the Black River Clearance of Renewed Approval of information collection. drawbridge located at milepost 58.2 on Information Collection: Airport Noise Background: The voluntarily the PH Track. Compatibility Planning submitted information from the current LSRC certifies that its projected CFR part 150 collection, e.g., airport revenues will not exceed those that AGENCY: Federal Aviation noise exposure maps and airport noise would qualify it as a Class III rail Administration (FAA), DOT. compatibility programs, or their carrier. LSRC further certifies, as ACTION: Notice and request for revisions, is used by the FAA to conduct required by 49 CFR 1150.42(e), that on comments. reviews of the submissions to determine April 12, 2018, it posted a 60-day notice SUMMARY: In accordance with the if an airport sponsor’s noise of this transaction at the workplaces of Paperwork Reduction Act of 1995, FAA compatibility program is eligible for current GTW employees on the PH invites public comments about our Federal grant funds. If airport operators Track and served the notice on the intention to request the Office of did not voluntarily submit noise national offices of the labor unions for Management and Budget (OMB) exposure maps and noise compatibility those employees. LSRC states that its approval to renew an information programs for FAA review and approval, proposed lease and operation of the PH collection. The collection involves the airport operator would not be Track does not involve any provision or information on voluntary airport noise eligible for the set aside of discretionary agreement that would limit future compatibility programs. The grant funds. interchange with a third-party respondents are airport operators that Respondents: Approximately 15 connecting carrier. voluntarily submit noise exposure maps airport operators. The transaction may be consummated and noise compatibility programs to the Frequency: Information is collected on June 11, 2018, the effective date of FAA for review and approval. The on occasion. the exemption (60 days after the information to be collected is necessary Estimated Average Burden per § 1150.42(e) requirements were because noise compatibility program Response: 3,950 hours. satisfied). measures are eligible for Federal grants- If the verified notice contains false or Estimated Total Annual Burden: in-aid if they are provided to FAA for misleading information, the exemption 59,250 hours. review in approval in advance. is void ab initio. Petitions to revoke the Issued in Fort Worth, TX on May 18, 2018. exemption under 49 U.S.C. 10502(d) 1 On May 11, 2018, the Brotherhood of Barbara L. Hall may be filed at any time. The filing of Locomotive Engineers and Trainmen, a Division of FAA Information Collection Clearance a petition to revoke will not the Rail Conference of the International Officer, Performance, Policy, and Records automatically stay the effectiveness of Brotherhood of Teamsters (BLET), filed a petition Management Branch, ASP–110. opposing the transaction and asking the Board to the exemption. Petitions to stay must be stay the exemption. The Board will address BLET’s [FR Doc. 2018–11326 Filed 5–24–18; 8:45 am] filed no later than June 4, 2018 (at least petition in a separate decision. BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 faa.gov. The FAA requests that all New Jersey Avenue SE, Washington, submissions to the previous incorrect Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday email address be resubmitted to the new [Summary Notice No. PE–2018–45] through Friday, except Federal holidays. address. This Notice also provides FOR FURTHER INFORMATION CONTACT: information to Federal, state, and local Petition for Exemption; Summary of Mark Forseth, AIR–673, Federal agencies; Native American tribes; and Petition Received Aviation Administration, 2200 S. 216th other interested persons regarding the St., Des Moines, WA 98198–6547, email FAA’s intent to prepare an EIS to AGENCY: Federal Aviation [email protected], phone (206) 231– evaluate the potential impacts of the Administration (FAA), DOT. 3179; or Alphonso Pendergrass, ARM– City of Charlotte Aviation Department ACTION: Notice of petition for exemption 200, Office of Rulemaking, Federal proposal to construct capacity received. Aviation Administration, 800 enhancements and other improvements Independence Avenue SW, Washington, at Charlotte Douglas International SUMMARY: This notice contains a DC 20591, email alphonso.pendergrass@ Airport in Charlotte, NC. The summary of a petition seeking relief faa.gov, phone (202) 267–4713. Department has initially identified the from specified requirements of Federal This notice is published pursuant to following four main elements of the Aviation Regulations. The purpose of 14 CFR 11.85. Proposed Action: (1) Fourth Parallel this notice is to improve the public’s Runway 1–19 and End-Around Issued in Renton, Washington. awareness of, and participation in, this Taxiways; (2) Concourse B and Ramp aspect of the FAA’s regulatory activities. Victor Wicklund, Expansion; (3) Concourse C and Ramp Neither publication of this notice nor Manager, Transport Standards Branch. Expansion; and (4) Daily North Parking the inclusion or omission of information Petition For Exemption Deck. The EIS will evaluate the in the summary is intended to affect the potential direct, indirect, and legal status of the petition or its final Docket No.: FAA–2018–0339. cumulative environmental impacts that Petitioner: Airbus SAS. disposition. may result from the Proposed Action, Section of 14 CFR Affected: including related activities and actions DATES: Comments on this petition must § 25.807(g)(7). identify the petition docket number Description of Relief Sought: Allow connected to the Proposed Action. The FAA is the lead agency for the involved and must be received on or more than the regulatory combined preparation of the EIS. Cooperating before June 14, 2018. maximum number of 70 passenger seats Agencies will be identified during the ADDRESSES: for all Type III exits when the mid-cabin Send comments identified process. The FAA intends to use the door (Door 3) is de-rated to a Type III by docket number FAA–2018–0339 preparation of this EIS to comply with using any of the following methods: exit. • other applicable environmental laws Federal eRulemaking Portal: Go to [FR Doc. 2018–11198 Filed 5–24–18; 8:45 am] and regulations as identified through http://www.regulations.gov and follow BILLING CODE 4910–13–P the environmental analysis. The FAA the online instructions for sending your will provide more specific public notice comments electronically. • of the environmental laws, regulations Mail: Send comments to Docket DEPARTMENT OF TRANSPORTATION and executive orders being satisfied Operations, M–30; U.S. Department of Federal Aviation Administration through the EIS as the environmental Transportation (DOT), 1200 New Jersey consequences of the proposed project Avenue SE, Room W12–140, West Notice of Additional Public Comment and its alternatives are better Building Ground Floor, Washington, DC understood. 20590–0001. Period—Notice of Intent To Prepare an • Hand Delivery or Courier: Take Environmental Impact Statement (EIS) DATES: The FAA invites interested comments to Docket Operations in for Proposed Capacity Enhancements agencies, organizations, Native Room W12–140 of the West Building and Other Improvements at Charlotte American tribes, and members of the Ground Floor at 1200 New Jersey Douglas International Airport, public to submit comments or Avenue SE, Washington, DC, between 9 Charlotte, Mecklenburg County, NC suggestions to assist in identifying significant environmental issues and in a.m. and 5 p.m., Monday through AGENCY: Federal Aviation determining the appropriate scope of Friday, except Federal holidays. Administration (FAA), Department of the EIS. The additional 45 day public • Fax: Fax comments to Docket Transportation (DOT). comment period starts with the Operations at 202–493–2251. ACTION: Notice of additional 45-day publication of this Notice in the Federal Privacy: In accordance with 5 U.S.C. public comment period, and correction 553(c), DOT solicits comments from the Register. Comments must be received by of the previous email address for July 9, 2018. public to better inform its rulemaking submission of public and agency ADDRESSES: Comments, statements, or process. DOT posts these comments, comments for the Notice of Intent to questions concerning the EIS scope or without edit, including any personal prepare an EIS at Charlotte Douglas process should be mailed to: Mr. information the commenter provides, to International Airport, Charlotte, Tommy L. Dupree, Assistant Manager, http://www.regulations.gov, as Mecklenburg County, NC. described in the system of records FAA, Memphis Airports District Office, notice (DOT/ALL–14 FDMS), which can SUMMARY: This Notice provides an 2600 Thousand Oaks Blvd., Suite 2250, be reviewed at http://www.dot.gov/ additional 45-day public comment Memphis, TN 38118. Comments can privacy. period, and correction of the previous also be sent by email to 9-ASO-CLTEIS@ Docket: Background documents or incorrect email address for submission faa.gov. comments received may be read at of public and agency comments. The SUPPLEMENTARY INFORMATION: The http://www.regulations.gov at any time. previous email address, [email protected] purpose of this notice is to inform Follow the online instructions for was incorrect. All agency and public Federal, state and local government accessing the docket or go to the Docket comments should be submitted to the agencies and the public of the Operations in Room W12–140 of the correct email address, 9-ASO-CLTEIS@ additional 45-day public comment

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period, correction of a previous The potential environmental impacts Management System (SMS). The incorrect email address, and the FAA’s of all proposed construction and Certificate Holder will use the data it intent to prepare an EIS. Information, operational activities will be analyzed collects to identify hazards and data, opinions and comments obtained in the EIS. The EIS will evaluate the instances of non-compliance with will be considered in preparing the draft potential environmental impacts requirements and standards. The safety EIS. associated with air quality; biological policy, outputs of safety risk The FAA will prepare the EIS in resources (including fish, wildlife, and management and safety assurance accordance with the National plants); climate; properties protected processes, and training and Environmental Policy Act (NEPA; 42 under 49 U.S.C. 303(c), known as communications records will be kept by United States Code 4321 et seq.), the ‘‘Section 4(f)’’ of the Department of the Certificate Holder and used in its Council on Environmental Quality Transportation Act of 1966 (including SMS. The Certificate Holder will also Regulations for Implementing the publicly owned parks, recreational use the data, records, and Procedural Provisions of NEPA (40 Code areas, wildlife and waterfowl refuges, documentation to show compliance of Federal Regulations parts 1500– and public and private historic sites); with regulations. However, none of 1508), FAA Order 1050.1F, farmlands; ground transportation; these data, records, or documents will Environmental Impacts: Policies and hazardous materials, solid waste, and be submitted to FAA. Procedures, and FAA Order 5050.4B, pollution prevention; historical, DATES: Written comments should be National Environmental Policy Act architectural, archeological, and cultural submitted by July 24, 2018. (NEPA) Implementing Instructions for resources; land use; natural resources ADDRESSES: Send comments to the FAA Airport Actions. and energy supply; noise and noise- The EIS will evaluate the potential at the following address: Barbara Hall, compatible land use; socioeconomics, Federal Aviation Administration, ASP– impacts of the Department’s proposal to environmental justice, and children’s construct capacity enhancements and 110, 10101 Hillwood Parkway, Fort health and safety risks; visual effects; Worth, TX 76177. other improvements at Charlotte water resources (including wetlands, Douglas International Airport in FOR FURTHER INFORMATION CONTACT: floodplains, surface waters, Barbara Hall by email at: Charlotte, North Carolina. The groundwater, and Wild and Scenic Department has initially identified the [email protected]; phone: 940– rivers). This analysis will include an 594–5913. following four main elements of the evaluation of potential direct and SUPPLEMENTARY INFORMATION: Proposed Action: (1) Fourth Parallel indirect impacts, and will account for Public Comments Invited: You are Runway 1–19 and End-Around cumulative impacts from other relevant asked to comment on any aspect of this Taxiways; (2) Concourse B and Ramp activities in the vicinity of the Charlotte information collection, including (a) Expansion; (3) Concourse C and Ramp Douglas International Airport. Expansion; and (4) Daily North Parking More information on the Proposed whether the proposed collection of Deck. The Fourth Parallel Runway I–19 Action and the NEPA process is information is necessary for FAA’s and End-around Taxiways would entail available on the project website at: performance; (b) the accuracy of the construction of an approximately www.clteis.com. estimated burden; (c) ways for FAA to 12,000-foot runway located between enhance the quality, utility, and clarity existing Runway 18C–36C and Runway Tommy L. Dupree, of the information collection; and (d) 18R–36L, along with associated Acting Manager, Memphis Airports District ways that the burden could be taxiways (partial north End-Around Office, Southern Region. minimized without reducing the quality Taxiway, full south End-Around [FR Doc. 2018–11202 Filed 5–24–18; 8:45 am] of the collected information. The agency Taxiway, parallel, high-speed exit and BILLING CODE 4910–13–P will summarize and/or include your connector taxiways). Construction of the comments in the request for OMB’s new runway along with terminal and clearance of this information collection. ramp expansion projects would require DEPARTMENT OF TRANSPORTATION OMB Control Number: 2120–0763. the decommissioning of Runway 5–23 Title: Safety Management Systems for and relocation of West Boulevard. The Federal Aviation Administration Part 121 Certificate Holders. Concourse B and Ramp Expansion Form Numbers: None. Agency Information Collection would entail extending Concourse B to Type of Review: Renewal of an Activities: Requests for Comments; the west, creating 10–12 additional information collection. Clearance of Renewed Approval of gates. The Concourse C and Ramp Background: Public Law required the Information Collection: Safety Expansion would entail extending FAA to initiate rulemaking requiring all Management Systems for Part 121 Concourse C to the east, creating 10–12 part 121 air carriers to implement a additional gates. The Daily North Certificate Holders Safety Management System (SMS). On Parking Deck would entail construction AGENCY: Federal Aviation March 9, 2018, all current part 121 of a parking deck north of passenger Administration (FAA), DOT. Certificate Holders met the final terminal parking facilities. ACTION: Notice and request for compliance date to have a Safety Within the EIS, the FAA proposes to comments. Management System acceptable to the consider a range of reasonable Administrator. There are four alternatives that could potentially meet SUMMARY: In accordance with the components to a Safety Management the purpose and need for the project Paperwork Reduction Act of 1995, FAA System: Safety Policy, Safety Risk being proposed at Charlotte Douglas invites public comments about our Management, Safety Assurance, and International Airport. The EIS will intention to request the Office of Safety Promotion. Collection and include the evaluation of a No Action Management and Budget (OMB) analysis of safety data and concomitant Alternative and other reasonable approval to renew an information records is an essential part of a properly alternatives that may be identified, such collection. The collection involves functioning SMS. Safety Policy as use of other airports or other modes safety data and analysis by part 121 establishes the foundation for the SMS. of transportation, during the NEPA Certificate Holders required by Safety Risk Management determines and process. regulation to implement a Safety identifies hazards in an aviation

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operation. Safety Assurance measures 1200 New Jersey Avenue SE, provide their name, or the name of their the effectiveness of hazard identification Washington, DC 20590. You may also organization; however, submission of and mitigation and prevention of new, send comments electronically via the names is completely optional. Whether unforeseen hazards. Safety Promotion internet at http://www.regulations.gov. or not commenters identify themselves, requires the Certificate Holder to All comments will become part of this all timely comments will be fully maintain training records and docket and will be available for considered. If you wish to provide communications documentation used to inspection and copying at the above comments containing proprietary or promote safety. address between 10:00 a.m. and 5:00 confidential information, please contact Respondents: Approximately 70 part p.m., Monday through Friday, except the agency for alternate submission 121 Certificate Holders and any future federal holidays. An electronic version instructions. applicants for a part 121 certificate. of this document and all documents (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Frequency: During the first 6 months entered into this docket is available at 46 U.S.C. 12121) of the 3-year effective date period, part http://www.regulations.gov. 121 Certificate Holders were required to FOR FURTHER INFORMATION CONTACT: * * * * * submit an SMS implementation plan. Bianca Carr, U.S. Department of By Order of the Maritime Administrator. This was a onetime submission for the Transportation, Maritime Dated: May 22, 2018. existing part 121 Certificate Holders and Administration, 1200 New Jersey T. Mitchell Hudson, Jr., will be a onetime submission for future Avenue SE, Room W23–453, Secretary, Maritime Administration. part 121 certificate applicants. Washington, DC 20590. Telephone 202– [FR Doc. 2018–11274 Filed 5–24–18; 8:45 am] Estimated Average Burden per 366–9309, Email [email protected]. BILLING CODE 4910–81–P Response: 3,340 Hours (as an average of SUPPLEMENTARY INFORMATION: As 30 large carriers (50+ aircraft), 31 described by the applicant the intended medium carriers (10–49 aircraft), and 29 service of the vessel COBALT is: DEPARTMENT OF TRANSPORTATION small carriers (9 or fewer aircraft)). —Intended Commercial Use of Vessel: Estimated Total Annual Burden: ‘‘The Vessel will be used for 6-pack Maritime Administration 107,146 total labor hours for 3 years, charter fishing out of San Diego. The $3,854,888 total cost over 3 years. owner of the Vessel currently runs [Docket No. MARAD–2018–0087] Issued in Fort Worth, TX on May 21, 2018. another charter vessel and cannot Barbara L. Hall, accommodate all trip requests during Requested Administrative Waiver of FAA Information Collection Clearance the busy season due to being the Coastwise Trade Laws: Vessel Officer, Performance, Policy, and Records completely booked.’’ SANDPIPER; Invitation for Public Management Branch, ASP–110. —Geographic Region: ‘‘California’’ Comments [FR Doc. 2018–11325 Filed 5–24–18; 8:45 am] The complete application is given in AGENCY: Maritime Administration, DOT. BILLING CODE 4910–13–P DOT docket MARAD–2018–0082 at http://www.regulations.gov. Interested ACTION: Notice. parties may comment on the effect this SUMMARY: DEPARTMENT OF TRANSPORTATION The Secretary of action may have on U.S. vessel builders Transportation, as represented by the or businesses in the U.S. that use U.S.- Maritime Administration Maritime Administration (MARAD), is flag vessels. If MARAD determines, in authorized to grant waivers of the U.S.- [Docket No. MARAD–2018–0082] accordance with 46 U.S.C. 12121 and build requirement of the coastwise laws MARAD’s regulations at 46 CFR part under certain circumstances. A request Requested Administrative Waiver of 388, that the issuance of the waiver will for such a waiver has been received by the Coastwise Trade Laws: Vessel have an unduly adverse effect on a U.S.- MARAD. The vessel, and a brief COBALT; Invitation for Public vessel builder or a business that uses description of the proposed service, is Comments U.S.-flag vessels in that business, a listed below. waiver will not be granted. Comments AGENCY: Maritime Administration, DOT. should refer to the docket number of DATES: Submit comments on or before ACTION: Notice. this notice and the vessel name in order June 25, 2018. for MARAD to properly consider the ADDRESSES: Comments should refer to SUMMARY: The Secretary of docket number MARAD–2018–0087. Transportation, as represented by the comments. Comments should also state the commenter’s interest in the waiver Written comments may be submitted by Maritime Administration (MARAD), is hand or by mail to the Docket Clerk, authorized to grant waivers of the U.S.- application, and address the waiver criteria given in section 388.4 of U.S. Department of Transportation, build requirement of the coastwise laws Docket Operations, M–30, West under certain circumstances. A request MARAD’s regulations at 46 CFR part 388. Building Ground Floor, Room W12–140, for such a waiver has been received by 1200 New Jersey Avenue SE, MARAD. The vessel, and a brief Privacy Act Washington, DC 20590. You may also description of the proposed service, is In accordance with 5 U.S.C. 553(c), send comments electronically via the listed below. DOT/MARAD solicits comments from internet at http://www.regulations.gov. DATES: Submit comments on or before the public to better inform its All comments will become part of this June 25, 2018. rulemaking process. DOT/MARAD posts docket and will be available for ADDRESSES: Comments should refer to these comments, without edit, to inspection and copying at the above docket number MARAD–2018–0082. www.regulations.gov, as described in address between 10:00 a.m. and 5:00 Written comments may be submitted by the system of records notice, DOT/ALL– p.m., Monday through Friday, except hand or by mail to the Docket Clerk, 14 FDMS, accessible through federal holidays. An electronic version U.S. Department of Transportation, www.dot.gov/privacy. In order to of this document and all documents Docket Operations, M–30, West facilitate comment tracking and entered into this docket is available at Building Ground Floor, Room W12–140, response, we encourage commenters to http://www.regulations.gov.

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FOR FURTHER INFORMATION CONTACT: the agency for alternate submission SUPPLEMENTARY INFORMATION: As Bianca Carr, U.S. Department of instructions. described by the applicant the intended Transportation, Maritime (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, service of the vessel ZEN is: Administration, 1200 New Jersey 46 U.S.C. 12121) —Intended Commercial Use of Vessel: Avenue SE, Room W23–453, * * * * * Washington, DC 20590. Telephone 202– ‘‘Vessel will be used for high end, 366–9309, Email [email protected]. By Order of the Maritime Administrator. elegant small group charter.’’ Dated: May 22, 2018. —Geographic Region: ‘‘California’’ SUPPLEMENTARY INFORMATION: As T. Mitchell Hudson, Jr., described by the applicant the intended The complete application is given in Secretary, Maritime Administration. service of the vessel SANDPIPER is: DOT docket MARAD–2018–0080 at [FR Doc. 2018–11275 Filed 5–24–18; 8:45 am] http://www.regulations.gov. Interested —Intended Commercial Use of Vessel: BILLING CODE 4910–81–P ‘‘Uninspected vessel for charter of 6 parties may comment on the effect this or less passengers on the Columbia action may have on U.S. vessel builders river in Oregon/Washington. The DEPARTMENT OF TRANSPORTATION or businesses in the U.S. that use U.S.- business plan is to bring small flag vessels. If MARAD determines, in families or couples on adventure Maritime Administration accordance with 46 U.S.C. 12121 and MARAD’s regulations at 46 CFR part cruises from one day to a few days on [Docket No. MARAD–2018–0080] the Columbia river. ’’ 388, that the issuance of the waiver will have an unduly adverse effect on a U.S.- Requested Administrative Waiver of —Geographic Region: ‘‘Oregon, vessel builder or a business that uses the Coastwise Trade Laws: Vessel Washington State, California’’ U.S.-flag vessels in that business, a ZEN; Invitation for Public Comments The complete application is given in waiver will not be granted. Comments DOT docket MARAD–2018–0087 at AGENCY: Maritime Administration, should refer to the docket number of http://www.regulations.gov. Interested Department of Transportation. this notice and the vessel name in order parties may comment on the effect this ACTION: Notice. for MARAD to properly consider the action may have on U.S. vessel builders comments. Comments should also state or businesses in the U.S. that use U.S.- SUMMARY: The Secretary of the commenter’s interest in the waiver flag vessels. If MARAD determines, in Transportation, as represented by the application, and address the waiver accordance with 46 U.S.C. 12121 and Maritime Administration (MARAD), is criteria given in section 388.4 of MARAD’s regulations at 46 CFR part authorized to grant waivers of the U.S.- MARAD’s regulations at 46 CFR part 388, that the issuance of the waiver will build requirement of the coastwise laws 388. have an unduly adverse effect on a U.S.- under certain circumstances. A request Privacy Act vessel builder or a business that uses for such a waiver has been received by U.S.-flag vessels in that business, a MARAD. The vessel, and a brief In accordance with 5 U.S.C. 553(c), waiver will not be granted. Comments description of the proposed service, is DOT/MARAD solicits comments from should refer to the docket number of listed below. the public to better inform its this notice and the vessel name in order DATES: Submit comments on or before rulemaking process. DOT/MARAD posts for MARAD to properly consider the June 25, 2018. these comments, without edit, to comments. Comments should also state ADDRESSES: Comments should refer to www.regulations.gov, as described in the commenter’s interest in the waiver docket number MARAD–2018–0080. the system of records notice, DOT/ALL– application, and address the waiver Written comments may be submitted by 14 FDMS, accessible through criteria given in section 388.4 of hand or by mail to the Docket Clerk, www.dot.gov/privacy. In order to MARAD’s regulations at 46 CFR part U.S. Department of Transportation, facilitate comment tracking and 388. Docket Operations, M–30, West response, we encourage commenters to Privacy Act Building Ground Floor, Room W12–140, provide their name, or the name of their 1200 New Jersey Avenue SE, organization; however, submission of In accordance with 5 U.S.C. 553(c), Washington, DC 20590. You may also names is completely optional. Whether DOT/MARAD solicits comments from send comments electronically via the or not commenters identify themselves, the public to better inform its internet at http://www.regulations.gov. all timely comments will be fully rulemaking process. DOT/MARAD posts All comments will become part of this considered. If you wish to provide these comments, without edit, to docket and will be available for comments containing proprietary or www.regulations.gov, as described in inspection and copying at the above confidential information, please contact the system of records notice, DOT/ALL– address between 10:00 a.m. and 5:00 the agency for alternate submission 14 FDMS, accessible through p.m., Monday through Friday, except instructions. www.dot.gov/privacy. In order to federal holidays. An electronic version (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, facilitate comment tracking and of this document and all documents 46 U.S.C. 12121) response, we encourage commenters to entered into this docket is available at provide their name, or the name of their http://www.regulations.gov. * * * * * organization; however, submission of FOR FURTHER INFORMATION CONTACT: By Order of the Maritime Administrator. names is completely optional. Whether Bianca Carr, U.S. Department of Dated: May 22, 2018. or not commenters identify themselves, Transportation, Maritime all timely comments will be fully Administration, 1200 New Jersey T. Mitchell Hudson, Jr., considered. If you wish to provide Avenue SE, Room W23–453, Secretary, Maritime Administration. comments containing proprietary or Washington, DC 20590. Telephone 202– [FR Doc. 2018–11277 Filed 5–24–18; 8:45 am] confidential information, please contact 366–9309, Email [email protected]. BILLING CODE 4910–81–P

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DEPARTMENT OF TRANSPORTATION parties may comment on the effect this of the U.S. Maritime Transportation action may have on U.S. vessel builders System National Advisory Committee Maritime Administration or businesses in the U.S. that use U.S.- (MTSNAC) to discuss advice and [Docket No. MARAD–2018–0081] flag vessels. If MARAD determines, in recommendations for the U.S. accordance with 46 U.S.C. 12121 and Department of Transportation on issues Requested Administrative Waiver of MARAD’s regulations at 46 CFR part related to the marine transportation the Coastwise Trade Laws: Vessel THE 388, that the issuance of the waiver will system. PHANTOM GINGER; Invitation for have an unduly adverse effect on a U.S.- DATES: The meeting will be held on Public Comments vessel builder or a business that uses Monday, June 11, 2018 from 9:30 a.m. U.S.-flag vessels in that business, a AGENCY: Maritime Administration, DOT. to 5:00 p.m. and Tuesday, June 12, 2018 waiver will not be granted. Comments from 9:00 a.m. to 3:00 p.m. Eastern ACTION: Notice. should refer to the docket number of Daylight Time (EDT). this notice and the vessel name in order SUMMARY: ADDRESSES: The Secretary of for MARAD to properly consider the The meetings will be held at Transportation, as represented by the comments. Comments should also state the U.S. Department of Transportation, Maritime Administration (MARAD), is the commenter’s interest in the waiver Federal Motor Carrier Safety authorized to grant waivers of the U.S.- application, and address the waiver Administration, National Training build requirement of the coastwise laws criteria given in section 388.4 of Center, 1310 N Courthouse Road, Suite under certain circumstances. A request MARAD’s regulations at 46 CFR part 600, Arlington, VA 22201–2508. for such a waiver has been received by 388. FOR FURTHER INFORMATION CONTACT: MARAD. The vessel, and a brief Jeffrey Flumignan, Designated Federal description of the proposed service, is Privacy Act Officer, at [email protected] or at (212) listed below. In accordance with 5 U.S.C. 553(c), 668–2064. Please visit the MTSNAC DATES: Submit comments on or before DOT/MARAD solicits comments from website at http://www.marad.dot.gov/ June 25, 2018. the public to better inform its ports/marine-transportation-system- ADDRESSES: Comments should refer to rulemaking process. DOT/MARAD posts mts/marine-transportation-system- docket number MARAD–2018–0081. these comments, without edit, to national-advisory-committee-mtsnac/. Written comments may be submitted by www.regulations.gov, as described in SUPPLEMENTARY INFORMATION: The hand or by mail to the Docket Clerk, the system of records notice, DOT/ALL– MTSNAC is a Federal advisory U.S. Department of Transportation, 14 FDMS, accessible through committee that advises the U.S. Docket Operations, M–30, West www.dot.gov/privacy. In order to Secretary of Transportation and the Building Ground Floor, Room W12–140, facilitate comment tracking and Maritime Administrator on issues 1200 New Jersey Avenue SE, response, we encourage commenters to related to the marine transportation Washington, DC 20590. You may also provide their name, or the name of their system. The MTSNAC was originally send comments electronically via the organization; however, submission of established in 1999 and mandated in internet at http://www.regulations.gov. names is completely optional. Whether 2007 by the Energy Independence and All comments will become part of this or not commenters identify themselves, Security Act of 2007. The MTSNAC docket and will be available for all timely comments will be fully operates in accordance with the inspection and copying at the above considered. If you wish to provide provisions of the Federal Advisory address between 10:00 a.m. and 5:00 comments containing proprietary or Committee Act (FACA). confidential information, please contact p.m., Monday through Friday, except Agenda federal holidays. An electronic version the agency for alternate submission of this document and all documents instructions. The agenda will include: (1) entered into this docket is available at (Authority: 49 CFR 1.93(a), 46 U.S.C. § 55103, Welcome, opening remarks, and http://www.regulations.gov. 46 U.S.C. § 12121) introductions; (2) brief remarks by the FOR FURTHER INFORMATION CONTACT: * * * * * Maritime Administrator or Deputy Bianca Carr, U.S. Department of Maritime Administrator; (3) updates to By Order of the Maritime Administrator. the Committee on subcommittee work; Transportation, Maritime Dated: May 22, 2018. Administration, 1200 New Jersey (4) development of work plans and T. Mitchell Hudson, Jr., Avenue SE, Room W23–453, proposed recommendations; (5) Washington, DC 20590. Telephone 202– Secretary, Maritime Administration. administrative items; and (6) public 366–9309, Email [email protected]. [FR Doc. 2018–11276 Filed 5–24–18; 8:45 am] comments. BILLING CODE 4910–81–P SUPPLEMENTARY INFORMATION: As Meeting Participation described by the applicant the intended The meeting will be open to the service of the vessel THE PHANTOM DEPARTMENT OF TRANSPORTATION public. Members of the public who wish GINGER is: to attend in person must RSVP to —Intended Commercial Use of Vessel: Maritime Administration [email protected] with your name and ‘‘We intend to use this vessel with our affiliation no later than 5:00 p.m. EST Killer Shrimp brunch, lunch, and Meeting Notice—U.S. Maritime on May 25, 2018, in order to facilitate dinner cruises for 6 passengers and as Transportation System National entry. Seating will be limited and a option bareboat charter available for Advisory Committee available on a first-come-first-serve coastal cruises around the Santa AGENCY: Maritime Administration, basis. Monica Bay, to Malibu, and to Department of Transportation. Services for Individuals with Catalina Island.’’ ACTION: Notice of advisory committee Disabilities: The public meeting is —Geographic Region: ‘‘California’’ public meeting. physically accessible to people with The complete application is given in disabilities. Individuals requiring DOT docket MARAD–2018–0081 at SUMMARY: The Maritime Administration accommodations, such as sign language http://www.regulations.gov. Interested (MARAD) announces a public meeting interpretation or other ancillary aids are

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asked to notify Jeffrey Flumignan at the 30-day comment period, PHMSA On January 9, 2018, PHMSA issued a (212) 668–2064 or [email protected] will review the comments received from Notice of Proposed Safety Order five (5) business days before the this notice as part of its evaluation to (NOPSO) mandating that HECO adopt meeting. grant or deny the special permit request. certain corrective measures for the Public Comments: A public comment DATES: Submit any comments regarding Waiau pipeline while the special permit period will commence at approximately this special permit request by June 25, request was being reviewed and 11:45 a.m. on June 11, 2018. To provide 2018. determined. After issuance of the time for as many people to speak as ADDRESSES: Comments should reference NOPSO, a situation occurred where the possible, speaking time for each the docket number for the specific Waiau pipeline leaked for over six individual will be limited to three special permit request and may be hours. The preliminary cause of the minutes. Members of the public who submitted in the following ways: spill appears to be external corrosion would like to speak are asked to contact • E-Gov website: http:// due to ineffective cathodic protection, the Designated Federal Officer via www.Regulations.gov. This site allows as described in the NOPSO. The Waiau pipeline is a 13-mile email: [email protected]. Commenters the public to enter comments on any onshore intrastate pipeline located will be placed on the agenda in the Federal Register notice issued by any within the City and County of Honolulu, order in which notifications are agency. received. If time allows, additional • Fax: 1–202–493–2251. Hawaii. It begins at the Hawaiian comments will be permitted. Copies of • Mail: Docket Management System: Electric Barbers Tank Farm in Kapolei, oral comments must be submitted in U.S. Department of Transportation, Oahu, and ends at the Waiau Power writing at the meeting or preferably Docket Operations, M–30, West Plant in Pearl City, Oahu, Hawaii. The emailed to [email protected]. Building Ground Floor, Room W12–140, pipeline was constructed in 2004 using Additional written comments are 1200 New Jersey Avenue SE, fusion bond epoxy coating with 2 inches welcome and must be filed as indicated Washington, DC 20590. of urethane foam insulation, and 80- below. • Hand Delivery: Docket Management millimeter, high density polyurethane Written comments: Persons who wish System: U.S. Department of (HDPE) jacket. The thermal insulation to submit written comments for Transportation, Docket Operations, M– and PE jacketing has high electrical consideration by the Committee must 30, West Building Ground Floor, Room resistance properties that inhibit the email [email protected], or send them W12–140, 1200 New Jersey Avenue SE, cathodic protection current flow to areas to MTSNAC Designated Federal Officers Washington, DC 20590, between 9:00 where water migration and corrosion may occur. Although annual cathodic via email: [email protected], Maritime a.m. and 5:00 p.m., Monday through protection inspections confirm that the Transportation System National Friday, except Federal holidays. Advisory Committee, 1200 New Jersey Instructions: You should identify the Waiau pipeline experiences adequate Avenue SE, W21–307, Washington, DC docket number for the special permit levels of cathodic protection, cathodic protection is expected to be an 20590 no later than June 4, 2018, to request you are commenting on at the ineffective corrosion control method for provide sufficient time for review. beginning of your comments. If you thermally insulated pipe. The maximum submit your comments by mail, please (Authority: 49 CFR part 1.93(a); 5 U.S.C. operating pressure of this pipeline is 552b; 41 CFR parts 102–3; 5 U.S.C. app. submit two copies. To receive 1,350 psig. The pipeline runs through Sections 1–16) confirmation that PHMSA has received areas of mixed high population and your comments, please include a self- * * * * * other populated areas and is located addressed stamped postcard. Internet entirely in an ecologically unusually By Order of the Maritime Administrator. users may submit comments at http:// sensitive area. Dated: May 22, 2018. www.Regulations.gov. T. Mitchell Hudson, Jr., For additional protection and Note: Privacy Act Statement: DOT may integrity of the pipeline, HECO proposes Secretary, Maritime Administration. solicit comments from the public regarding to conduct, among other measures, [FR Doc. 2018–11254 Filed 5–24–18; 8:45 am] certain general notices. DOT posts these alternative in-line inspection technology BILLING CODE 4910–81–P comments, without edit, including any every four years, rotating between Axial personal information the commenter or Circumferential and Ultrasonic provides, to www.regulations.gov, as testing. HECO claims that the proposed DEPARTMENT OF TRANSPORTATION described in the system of records notice (DOT/ALL–14 FDMS), which can be measures will provide a safer alternative Pipeline and Hazardous Materials reviewed at www.dot.gov/privacy. than required by the regulations and Safety Administration better capabilities to detect corrosion FOR FURTHER INFORMATION CONTACT: clusters that may appear invisible if [Docket No. PHMSA–2017–0155] General: Ms. Kay McIver by telephone they were to align with the inspection at 202–366–0113, or email at tool magnetic fields. Pipeline Safety: Request for Special [email protected]. A draft Environmental Assessment Permit—Hawaiian Electric Company, Technical: Mr. Joshua Johnson by (DEA) is provided in the respective Inc. telephone at 816–329–3825, or email at docket at http://www.Regulations.gov, AGENCY: Pipeline and Hazardous [email protected]. for each special permit request. We Materials Safety Administration SUPPLEMENTARY INFORMATION: On invite interested persons to participate (PHMSA); DOT. November 13, 2017, PHMSA received a by reviewing the special permit request ACTION: Notice. special permit request from the and DEA at http://www.Regulations.gov, Hawaiian Electric Company, Inc., and by submitting written comments, SUMMARY: PHMSA is publishing this (HECO), a hazardous liquid pipeline data, or other views. Please include any notice to seek public comments on a operator seeking permission to deviate comments on potential safety and request for special permit, seeking relief from the pipeline safety regulations at environmental impacts that may result from compliance with certain 49 CFR 195.571, regarding the criteria if the special permit is granted. requirements in the Federal pipeline that must be used to determine cathodic Before issuing a decision on the safety regulations. At the conclusion of protection of a pipeline. special permit request, PHMSA will

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evaluate all comments received on or programs may be obtained through the entities participating in CDFI Fund before the comment closing date. CDFI Fund’s website at http:// programs. Comments received after the closing www.cdfifund.gov. Estimated Number of Respondents: date will be evaluated if it is possible to 30. SUPPLEMENTARY INFORMATION: do so without incurring additional Estimated Annual Time per expense or delay. PHMSA will consider Title: Disability Funds—Financial Respondent: 12. each relevant comment we receive in Assistance Application. Estimated Total Annual Burden making our decision to grant or deny a OMB Number: 1559–0048. Hours: 360. request. Type of Review: Regular Review. Request for Comments: Comments Issued in Washington, DC, on May 22, Abstract: The Consolidated submitted in response to this notice will 2018, under authority delegated in 49 CFR Appropriations Act of 2017 (Act; Pub. L. be summarized and/or included in the 1.97. 115–31) provided the CDFI Fund up to request for OMB approval. All Alan K. Mayberry, $3 million to provide ‘‘technical and comments will become a matter of Associate Administrator for Pipeline Safety. financial assistance to CDFIs that fund public record. Comments are invited on projects to help individuals with all aspects of the information [FR Doc. 2018–11333 Filed 5–24–18; 8:45 am] disabilities.’’ The CDFI Fund created the collections, but commentators may wish BILLING CODE 4910–60–P Disability Funds-Financial Assistance to focus particular attention on: (a) The (DF–FA) Application in response to this cost for CDFIs to operate and maintain Congressional directive. The the services/systems required to provide DEPARTMENT OF THE TREASURY Consolidated Appropriations Act of the required information; (b) ways to Community Development Financial 2018 (Pub. L. 115–141) provided an enhance the quality, utility, and clarity Institutions Fund additional $3 million for the CDFI Fund of the information to be collected; (c) to further its investment in CDFIs that whether the collection of information is Notice of Information Collection and serve individuals with disabilities. necessary for the proper evaluation of Request for Public Comment The CDFI Fund intends to provide the effectiveness and impact of the CDFI DF–FA awards to certified CDFIs with a Fund’s programs, including whether the ACTION: Notice and request for public track record of serving individuals with information has practical utility; (d) the comment. disabilities. For purposes of the DF–FA accuracy of the CDFI Fund’s estimate of awards selection process, Disability will the burden of the collection of SUMMARY: The Department of the mean a person with a physical or mental information, and; (e) ways to minimize Treasury, as part of its continuing effort impairment that substantially limits one the burden of the collection of to reduce paperwork and respondent or more major life activities; a person information including through the use burden, invites the general public and who has a history or record of such an of technology. other Federal agencies to take this impairment; or a person who is opportunity to comment on proposed Authority: 12 U.S.C. 4707 et seq.; Pub. L. perceived by others as having such an and/or continuing information 115–31 Sec 6; 12 CFR part 1805. impairment, as defined by the collections, as required by the Americans with Disabilities Act (ADA). Mary Ann Donovan, Paperwork Reduction Act of 1995, Applicants selected to receive DF–FA Director, Community Development Financial Public Law 104–13. Currently, the awards will have a demonstrated track Institutions Fund. Community Development Financial record of serving individuals with [FR Doc. 2018–11304 Filed 5–24–18; 8:45 am] Institutions Fund (CDFI Fund), U.S. disabilities, specifically by providing BILLING CODE 4810–70–P Department of the Treasury, is soliciting financial products and services and/or comments concerning the Community development services that have a Development Financial Institution CDFI primary purpose of benefiting DEPARTMENT OF THE TREASURY Program (CDFI Program) and Native individuals with disabilities. American CDFI Assistance Program Office of Foreign Assets Control Additionally, successful applicants will (NACA Program) Disability Funds demonstrate that they will increase and/ Financial Assistance Application, Notice of OFAC Sanctions Actions or expand their financial products and which will be submitted through the services, and/or development services, AGENCY: Office of Foreign Assets Awards Management Information to address the challenges of individuals Control, Treasury. System (AMIS). with disabilities, in areas such as: Asset ACTION: Notice. DATES: Written comments must be development; affordable, accessible, and received on or before July 24, 2018 to be safe housing; employment SUMMARY: The U.S. Department of the assured of consideration. opportunities; and access to assistive Treasury’s Office of Foreign Assets ADDRESSES: Submit your comments via products and services that support Control (OFAC) is publishing the names email to Amber Bell, Program Manager health and community living. The CDFI of one or more persons that have been for the CDFI Program and Native Fund will administer DF–FA awards in placed on OFAC’s Specially Designated Initiatives, CDFI Fund, at cdfihelp@ conjunction with the annual Nationals and Blocked Persons List cdfi.treas.gov. Community Development Financial based on OFAC’s determination that one FOR FURTHER INFORMATION CONTACT: Institutions Program (CDFI Program) or more applicable legal criteria were Amber Bell, Program Manager for the and Native American CDFI Assistance satisfied. All property and interests in CDFI Program and Native Initiatives, Program (NACA Program) application property subject to U.S. jurisdiction of Community Development Financial process. The DF–FA application can be these persons are blocked, and U.S. Institutions Fund, U.S. Department of found on the CDFI Fund website at persons are generally prohibited from the Treasury, 1500 Pennsylvania Ave. www.cdfifund.gov. engaging in transactions with them. NW, Washington, DC 20220 or by phone Affected Public: Businesses or other DATES: See SUPPLEMENTARY INFORMATION at (202) 653–0300. Other information for-profit institutions, non-profit section. regarding the CDFI Fund and its entities, and State, local and Tribal FOR FURTHER INFORMATION CONTACT:

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OFAC: Associate Director for Global 1966; alt. DOB 1967; POB Kashan, Iran; Iran’s ISLAMIC REVOLUTIONARY Targeting, tel.: 202–622–2420; Assistant Additional Sanctions Information— GUARD CORPS, a person determined to Director for Sanctions Compliance & Subject to Secondary Sanctions; Gender be subject to E.O. 13224. Evaluation, tel.: 202–622–2490; Male (individual) [SDGT] [IRGC] [IFSR] 5. TEHRANI, Sayyed Mohammad Ali Assistant Director for Licensing, tel.: (Linked To: ISLAMIC Haddadnezhad (a.k.a. 202–622–2480; or the Department of the REVOLUTIONARY GUARD CORPS AL– HADDADNEZHAD, Sayyed Mohammad Treasury’s Office of the General GHADIR MISSILE COMMAND). Ali Jalal), Iran; DOB 1970; nationality Designated pursuant to section 1(c) of Counsel: Office of the Chief Counsel Iran; Additional Sanctions (Foreign Assets Control), tel.: 202–622– E.O. 13224 for acting for or on behalf of, Information—Subject to Secondary 2410. Iran’s ISLAMIC REVOLUTIONARY Sanctions; Gender Male; Passport SUPPLEMENTARY INFORMATION: GUARD CORPS AL GHADIR MISSILE COMMAND, a person determined to be 32371002 (individual) [NPWMD] [IRGC] Electronic Availability subject to E.O. 13224. [IFSR] (Linked To: ISLAMIC The Specially Designated Nationals 3. KAZEMABAD, Mahmud Bagheri REVOLUTIONARY GUARD CORPS and Blocked Persons List and additional (a.k.a. BAGHERI, Mahmud Kazemabad; RESEARCH AND SELF–SUFFICIENCY information concerning OFAC sanctions a.k.a. BAGHERI–KAZEMABAD, JEHAD ORGANIZATION). programs are available on OFAC’s Mahmud; a.k.a. KAZEMABAD, Designated pursuant to section website (www.treas.gov/ofac). Mahmoud Bagheri; a.k.a. KZEMABAD, 1(a)(iii) of Executive Order 13382 of Mahmoud Bagheri; a.k.a. ‘‘BAGHERI, June 28, 2005, ‘‘Blocking Property of Notice of OFAC Actions Mahmoud’’; a.k.a. ‘‘BAGHERI, Weapons of Mass Destruction On May 22, 2018, OFAC determined Mahmud’’), Iran; DOB 26 Jun 1965; POB Proliferators and Their Supporters’’ that the property and interests in Meybod, Iran; nationality Iran; (‘‘E.O. 13382’’), for having provided, or property subject to U.S. jurisdiction of Additional Sanctions Information— attempted to provide, financial, the following persons are blocked under Subject to Secondary Sanctions; Gender material, technological or other support the relevant sanctions authorities listed Male; Passport J32377129 (Iran) expires for, or goods or services in support of, below. 31 Aug 2020; National ID No. Iran’s ISLAMIC REVOLUTIONARY Individuals 448947941 (Iran) (individual) [SDGT] GUARD CORPS RESEARCH AND [IRGC] [IFSR] (Linked To: ISLAMIC SELF–SUFFICIENCY JEHAD 1. AZARPISHEH, Mehdi (a.k.a. REVOLUTIONARY GUARD CORPS AL– ORGANIZATION, a person whose ‘‘MANSURI, Mehdi’’), Iran; DOB 31 Jul GHADIR MISSILE COMMAND). 1983; Additional Sanctions property and interests in property are Designated pursuant to section 1(c) of blocked pursuant to E.O. 13382. Information—Subject to Secondary E.O. 13224 for acting for or on behalf of, Sanctions; Gender Male; Passport Iran’s ISLAMIC REVOLUTIONARY Designated pursuant to section 26338775 (individual) [SDGT] [IRGC] GUARD CORPS AL GHADIR MISSILE 1(a)(iv) of E.O. 13382 for acting or [IFSR] (Linked To: ISLAMIC COMMAND, a person determined to be purporting to act for or on behalf, REVOLUTIONARY GUARD CORPS subject to E.O. 13224. directly or indirectly, Iran’s ISLAMIC (IRGC)–QODS FORCE). 4. SHIR AMIN, Javad Bordbar (a.k.a. REVOLUTIONARY GUARD CORPS Designated pursuant to section 1(c) of BORDBARSHERAMIN, Javad; a.k.a. RESEARCH AND SELF–SUFFICIENCY Executive Order 13224 of September 23, BORDBARSHERAMIN, Javad Ali; a.k.a. JEHAD ORGANIZATION, a person 2001, ‘‘Blocking Property and ‘‘BORDBAR, Javad’’), Iran; DOB 27 Oct whose property and interests in Prohibiting Transactions With Persons 1981; nationality Iran; Additional property are blocked pursuant to E.O. Who Commit, Threaten to Commit, or Sanctions Information—Subject to 13382. Support Terrorism,’’ (E.O. 13224) for Secondary Sanctions; Gender Male; Dated: May 22, 2018. acting for or on behalf of, Iran’s Passport A37845408 expires 24 Aug ISLAMIC REVOLUTIONARY GUARD 2021 (individual) [SDGT] [IRGC] [IFSR] Andrea M. Gacki, CORPS–QODS FORCE, a person (Linked To: ISLAMIC Acting Director, Office of Foreign Assets determined to be subject to E.O. 13224. REVOLUTIONARY GUARD CORPS). Control. 2. JA’FARI, Mohammad Agha (a.k.a. Designated pursuant to section 1(c) of [FR Doc. 2018–11318 Filed 5–24–18; 8:45 am] ‘‘JA’FARI, Mohammad’’), Iran; DOB E.O. 13224 for acting for or on behalf of, BILLING CODE 4810–AL–P

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Part II

The President

Proclamation 9755—National Maritime Day, 2018

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Federal Register Presidential Documents Vol. 83, No. 102

Friday, May 25, 2018

Title 3— Proclamation 9755 of May 21, 2018

The President National Maritime Day, 2018

By the President of the United States of America

A Proclamation On National Maritime Day, we recognize the critical role the United States Merchant Marine plays in bolstering national security and facilitating eco- nomic growth. We honor our merchant mariners for their contributions to connecting the States, supporting our military, and cementing ties among our allies. Long known as the ‘‘Fourth Arm of Defense,’’ the United States Merchant Marine has served with valor and distinction in every American conflict. The important work of the Merchant Marine was never more evident than during World War II, when merchant mariners sailed dangerous seas and fought enemies as they connected our Armed Forces fighting abroad to vital supplies produced by hardworking Americans at home. In the course of their valiant efforts, they endured the loss of more than 730 large vessels, and more than 6,000 merchant mariners died at sea or as prisoners of war. Today, American mariners facilitate the shipment of hundreds of billions of dollars of goods along maritime trade routes for American businesses and consumers. Merchant mariners are ambassadors of good will, projecting a peaceful United States presence along the sea lanes of the world and into regions of core strategic importance to our Nation. Often risking their lives by sailing into war zones, our merchant mariners continue to support our troops overseas by providing them with needed cargo and logistical support. They also advance humanitarian missions worldwide, including last year’s effort to ship tens of thousands of containers of lifesaving supplies to Puerto Rico and the U.S. Virgin Islands after they had been devastated by hurricanes. The Congress, by a joint resolution approved May 20, 1933, has designated May 22 of each year as ‘‘National Maritime Day’’ to commemorate the first transoceanic voyage by a steamship in 1819 by the S.S. Savannah. By this resolution, the Congress has authorized and requested the President to issue annually a proclamation calling for its appropriate observance. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby proclaim May 22, 2018, as National Maritime Day. I call upon the people of the United States to mark this observance and to display the flag of the United States at their homes and in their commu- nities. I also request that all ships sailing under the American flag dress ship on that day.

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

[FR Doc. 2018–11513 Filed 5–24–18; 11:15 am] Billing code 3295–F8–P

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Reader Aids Federal Register Vol. 83, No. 102 Friday, May 25, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 13833...... 23345 Presidential Documents 1 CFR 13834...... 23771 Executive orders and proclamations 741–6000 426...... 19408, 19414 13835...... 24001 The United States Government Manual 741–6000 3 CFR Administrative Orders: Other Services Memorandums: Proclamations: Memorandum of April Electronic and on-line services (voice) 741–6020 9615 (Superseded by 26, 2018 ...... 19157 Privacy Act Compilation 741–6050 Proclamation Notices: Public Laws Update Service (numbers, dates, etc.) 741–6043 9753) ...... 24215 Notice of May 9, 9704 (Amended by 2018 ...... 21839 9739) ...... 20677 ELECTRONIC RESEARCH Notice of May 14, 9705 (Amended by 2018 ...... 22585 World Wide Web 9740) ...... 20683 Notice of May 18, 9710 (Amended by 2018 ...... 23573 Full text of the daily Federal Register, CFR and other publications 9739) ...... 20677 Presidential is located at: www.fdsys.gov. 9711 (Amended by Determinations: Federal Register information and research tools, including Public 9740) ...... 20683 No. 2018-05 of April Inspection List, indexes, and Code of Federal Regulations are 9729...... 19155 20, 2018 ...... 20707 located at: www.ofr.gov. 9730...... 19425 No. 2018-06 of April 9731...... 19599 30, 2018 ...... 20709 E-mail 9732...... 19601 No. 2018-07 of April 9733...... 19893 FEDREGTOC (Daily Federal Register Table of Contents Electronic 30, 2018 ...... 20711 9734...... 19895 Mailing List) is an open e-mail service that provides subscribers Notice of May 10, 9735...... 19897 with a digital form of the Federal Register Table of Contents. The 2018 ...... 22175 9736...... 19899 digital form of the Federal Register Table of Contents includes 9737...... 19901 6 CFR HTML and PDF links to the full text of each document. 9738...... 19903 Proposed Rules: To join or leave, go to https://public.govdelivery.com/accounts/ 9739...... 20677 5...... 19020, 20738 USGPOOFR/subscriber/new, enter your email address, then 9740...... 20683 follow the instructions to join, leave, or manage your 9741...... 20713 7 CFR subscription. 9742...... 22165 2...... 22177 PENS (Public Law Electronic Notification Service) is an e-mail 9743...... 22167 250...... 18913 service that notifies subscribers of recently enacted laws. 9744...... 22169 372...... 24003 9745...... 22171 625...... 23207 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 9746...... 22347 636...... 23207 and select Join or leave the list (or change settings); then follow 9747...... 23201 900...... 22831 the instructions. 9748...... 23203 925...... 21165 FEDREGTOC and PENS are mailing lists only. We cannot 9749...... 23205 984...... 21841 respond to specific inquiries. 9750...... 24209 1006...... 21843 Reference questions. Send questions and comments about the 9751...... 24211 1409...... 22177 Federal Register system to: [email protected] 9752...... 24213 1415...... 23207 9753...... 24215 1465...... 23207 The Federal Register staff cannot interpret specific documents or 9754...... 24217 1466...... 23207 regulations. 9755...... 24395 1468...... 23207 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Executive Orders: 1470...... 23207 longer appears in the Federal Register. This information can be 13198 (Amended by 1773...... 19905, 24011 found online at http://bookstore.gpo.gov/. EO 13831)...... 20715 3419...... 21846 13280 (Amended by Proposed Rules: FEDERAL REGISTER PAGES AND DATE, MAY EO 13831)...... 20715 66...... 19860, 23827 13342 (Amended by 930...... 21941 18913–19156...... 1 22831–23206...... 17 EO 13831)...... 20715 945...... 21188 19157–19426...... 2 23207–23348...... 18 13397 (Amended by 948...... 24045 19427–19602...... 3 23349–23574...... 21 EO 13831)...... 20715 1255...... 22213 13559 (Amended by 19603–19904...... 4 23575–23774...... 22 EO 13831)...... 20715 9 CFR 19905–20706...... 7 23775–24000...... 23 13199 (Revoked by 101...... 22832 20707–21164...... 8 24001–24218...... 24 EO 13831)...... 20715 116...... 22832 21165–21706...... 9 24219–24396...... 25 13498 (Revoked by Proposed Rules: 21707–21840...... 10 EO 13831)...... 20715 310...... 22604 21841–22176...... 11 13693 (Revoked by 22177–22346...... 14 EO 13834)...... 23771 10 CFR 22347–22586...... 15 13831...... 20715 75...... 19603 22587–22830...... 16 13832...... 22343 430...... 22587

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Proposed Rules: Proposed Rules: 22 CFR 34 CFR Ch. I ...... 19464 736...... 24166 50...... 21872, 22848 Proposed Rules: 37...... 22413 740...... 24166 51...... 21872, 22848 600...... 24250 742...... 24166 668...... 24250 12 CFR 743...... 24166 Proposed Rules: 121...... 24198 201...... 21167 744...... 24166 123...... 24198 36 CFR 1026...... 19159 746...... 24166 124...... 24198 242...... 23813 Proposed Rules: 748...... 24166 126...... 24198 Proposed Rules: 1...... 22312 758...... 24166 129...... 24198 13...... 23621 3...... 22312 762...... 24166 5...... 22312 772...... 24166 23 CFR 37 CFR 6...... 24233 774...... 24166 23...... 22312 710...... 21709 Proposed Rules: 24...... 22312 17 CFR Proposed Rules: 42...... 21221 201 ...... 22896, 22902, 24054 32...... 22312 30...... 23577 625...... 21972 202 ...... 22609, 22896, 22902 34...... 22312 232...... 22190 26 CFR 384...... 22907 46...... 22312 249...... 22190 208...... 22312, 24233 Proposed Rules: 54...... 19431 38 CFR 211...... 22312 23...... 23842 215...... 22312 28 CFR 3...... 20735 210...... 20753 17...... 21893, 21897 217...... 22312, 24233 240 ...... 21416, 21574, 23848 0...... 23360 223...... 22312 249...... 21416, 23848 32...... 22367 40 CFR 225...... 22312 275...... 21203, 23848 52 ...... 19438, 19631, 19637, 252...... 22312, 24233 279...... 21416, 23848 29 CFR 21174, 21178, 21719, 21907, 324...... 22312 1910...... 19936 21909, 22203, 22207, 22853, 325...... 22312 18 CFR 2590...... 19431 23232, 23372, 24030, 24033, 327...... 22312 37...... 21342 4022...... 22387 347...... 22312 24034, 24223, 24226 385...... 23807 Proposed Rules: 62...... 19184 390...... 22312 Proposed Rules: 1910...... 19989 1290...... 19188 80...... 22593 8...... 23848 1926...... 23534 180 ...... 19968, 19972, 22595, 1291...... 19188 40...... 23854 30 CFR 22854, 23819, 24036 13 CFR 141...... 23848 300...... 22859, 23374 925...... 22849 120...... 19915, 19921 19 CFR Proposed Rules: Proposed Rules: 30...... 24255 14 CFR 201...... 21140 250...... 22128 49...... 20775 23...... 19427, 21850 210...... 21140 926...... 20773 51...... 19026 938...... 20774, 22607 52 ...... 19191, 19194, 19476, 25 ...... 18934, 19176, 23209 20 CFR 19479, 19483, 19495, 19497, 39 ...... 19176, 19615, 19922, 31 CFR 19925, 19928, 20719, 21169, 404...... 21707, 23579 20002, 21226, 21233, 21235, 21855, 21858, 21861, 21867, Proposed Rules: 408...... 18939 21238, 21977, 22227, 22436, 22349, 22351, 22354, 22358, 404...... 20646 22908, 22913, 23244, 23402, 32 CFR 22360, 22362, 22589, 22836, 416...... 20646 23407, 24256, 24258, 24259, 23349, 23351, 23355, 23575, 291...... 19179 24264, 24267 23775, 23778, 23780, 23788, 21 CFR 706...... 23809 55...... 21254 23791, 23794, 24012, 24016 1...... 22193 733...... 22852 62...... 19195 71 ...... 19617, 19930, 19931, 11...... 20731, 22193 2004...... 19950 63 ...... 19499, 22438, 22754 19933, 21870, 21871, 22839, 16...... 22193 81 ...... 21238, 21977, 22235 22840, 23796, 23798 101...... 19619, 20731 33 CFR 152...... 20004 73...... 18938 102...... 19429 100 ...... 19179, 19628, 19630, 156...... 20004 97 ...... 20725, 20728, 23799, 106...... 22193 21171, 22194, 22389, 23218, 174...... 20004 23802 110...... 22193 23224, 24019, 24219 180 ...... 20004, 20008, 22439, 382...... 23804 111...... 22193 117 ...... 19630, 21710, 21711, 22440, 23247 Proposed Rules: 112...... 22193 22199, 22389, 22390, 23220, 300 ...... 22918, 23408, 23409 114...... 22193 23221, 23361, 23581, 23582, 21...... 19021 42 CFR 25...... 22214 117...... 22193 24021 39 ...... 19466, 19648, 19983, 120...... 22193 147...... 20733, 22389 414...... 21912, 23584 20740, 20743, 20745, 20748, 123...... 22193 165 ...... 18941, 18943, 18946, 431...... 19440 20751, 21191, 21194, 21196, 129...... 22193 19436, 19963, 19965, 21712, Proposed Rules: 21199, 21946, 21948, 21951, 172...... 23358 21714, 21716, 21717, 21876, 10...... 20008 21953, 21955, 21962, 21964, 179...... 22193 21883, 21885, 21886, 21888, 411...... 21018 21966, 22219, 22222, 22414, 211...... 22193 22201, 22389, 22391, 22592, 412 ...... 20164, 20972, 21104 22417, 22420, 22422, 22426, 507...... 22193 23222, 23226, 23228, 23230, 413...... 20164, 21018 22883, 22886, 23240, 23827, 573...... 19934 23362, 23364, 23366, 23367, 418...... 20934 23829, 24233, 24236, 24240, 600...... 19936 23369, 23371, 23582, 23583, 424...... 20164, 21018 24242, 24244, 24248 864...... 23212 23810, 24023, 24024, 24026, 495...... 20164 71 ...... 19469, 19471, 19472, 878...... 22846 24028, 24221 19474, 19650, 19653, 19655, 880...... 19626 326...... 19180 44 CFR 19986, 19987, 21968, 21970, 1308...... 21826 Proposed Rules: 64...... 23610 22888, 22889, 22891, 23381, 100 ...... 19656, 23392, 23395 23831, 24047, 24050 Proposed Rules: 117...... 19659, 23398 45 CFR Ch. II ...... 21684 3...... 22428 151...... 21214, 24051 144...... 19431 382...... 23832 172...... 23382 165 ...... 19025, 19189, 22225, 146...... 19431 201...... 22224 22894, 23242, 23400, 23615, 147...... 19431, 21925 15 CFR 343...... 22224 23617, 23619, 24051 153...... 21925 744...... 22842 1308...... 21834 334...... 23864, 23867 154...... 21925

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155...... 21925 2 ...... 19660, 20011, 23412, 252...... 19641 396...... 22865, 24228 156...... 21925 24064 Proposed Rules: 397...... 22865 157...... 21925 15...... 19660 Appx. I Ch. 2 ...... 19677 398...... 22865, 24228 158...... 21925 25 ...... 19660, 21746, 24064 219...... 19677 1040...... 19647 30...... 19660 1552...... 23238 47 CFR 32...... 22923 49 CFR 51...... 22923 50 CFR 1 ...... 19186, 19440, 21722, 54...... 19196 350...... 22865 21927 61...... 22923 360...... 22865 17...... 21928, 22392 2...... 19976 64...... 21983 365...... 22865 100...... 23813 8...... 21927 69...... 22923 370...... 24228 222...... 21738 20...... 21927, 23378 73...... 21995 371...... 24228 224...... 21182 25...... 22391 76...... 19033 373...... 22865, 24228 253...... 24228 51...... 22208, 23611 90...... 20011 375...... 24228 622 ...... 22210, 22601, 23825 54 ...... 18948, 18951, 23380, 101...... 19660 376...... 24228 635 ...... 21744, 21936, 22602 23611 378...... 24228 648 ...... 18965, 18972, 18985, 63...... 21181 48 CFR 379...... 24228 19461, 19462 64...... 18951, 21723 Ch. 1...... 19144, 19150 380...... 22865, 24228 660 ...... 19005, 19981, 22401 68...... 23378 16...... 19145 382...... 22865, 24228 665...... 21939 73 ...... 19186, 19459, 22209 19...... 19146 383...... 22865 679...... 22411 74...... 23613 22...... 19148 384...... 22865 Proposed Rules: 76...... 19461 49...... 19149 385...... 22865 20...... 23869 90...... 19976 52...... 19148 387...... 22865, 24228 21...... 24080 Proposed Rules: 201...... 19641 390...... 22865, 24228 300...... 21748 Ch. I ...... 21747 212...... 19641 391...... 24228 622...... 22938 0...... 20011 215...... 19645 393...... 22865 660...... 24269 1...... 19660, 22923 246...... 19641 395...... 22865, 24228 679...... 23250

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List May 24, 2018 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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